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Microsoft vs. Burst.com

rocketjam writes "Robert X. Cringley has an interesting story on one of Microsoft's many little-known legal cases. Burst.com is suing Microsoft, claiming MS negotiated in bad faith for over a year before stealing Burst's patented technology for increasing the efficiency of video and audio streaming. After Microsoft submitted all emails associated with the their dealings with Burst to the court, Burst's lawyers discovered a 35-week gap of missing mail during a critical portion of the negotiations. When the judge learned the Sun vs. Microsoft antitrust case had revealed that MS keeps backups of all emails on over 100,000 tapes stored offsite, he ordered them to come up with the missing messages."

410 comments

  1. Obvious... by Aliencow · · Score: 3, Funny

    BURST POST!

    1. Re:Obvious... by log2.0 · · Score: 0

      Newsflash: M$ did not backup windows XP code and now they have to re write it all. ;) hehe, with their "back up" strategy, its "possible".

      --
      Can your karma go above being Excellent?
    2. Re:Obvious... by mcmonkey · · Score: 1

      It was the best of times, it was the burst of times?

  2. well it makes sense by 2057 · · Score: 0, Troll

    if burst.com has a legitimate claim, they should kick the shit out of microsoft. i mean its one thing to have people use a shitty os, but stealing, now that is just plain mean. the only way to kill the giant is to get it when it's hurting.

    --
    For The Best Jazz/Hip-hop fusion > COlD DUCK
    1. Re:well it makes sense by Anonymous Coward · · Score: 0

      Yeah they should, because the court system is so geared to help sue a company with $40 billion in cash.

    2. Re:well it makes sense by Anonymous Coward · · Score: 0

      This is flamebait, not redundance. This statement hasn't been said before in this article.

  3. Cross-Platform Paranoia?? by aheath · · Score: 4, Interesting

    Cringley mentions that Burst's technology runs under Linux and Solaris. He alleges that one of Microsoft's motives might have been a paranoid desire to reduce closs-platform competetion. It will be very interesting to see if this allegation is proven in court.

    1. Re:Cross-Platform Paranoia?? by 2057 · · Score: 1

      I wouldn't be suprised if ol' billy was trying to stop production for the "hobby" os, i mean even if he thinks Linux isnt a "threat".
      for all who dont know bill came out and said "Linux isnt a threat just a hobby os"
      something like that...

      --
      For The Best Jazz/Hip-hop fusion > COlD DUCK
    2. Re:Cross-Platform Paranoia?? by kfg · · Score: 1

      It was already proven, in multiple instances, in the antitrust case. Such behaviour is business as usual at Microsoft.

      It is business as usual in any number of other companies as well, but it's rarely a winning a strategy in the long run. . . unless you have a monopoly or something.

      KFG

    3. Re:Cross-Platform Paranoia?? by RealBeanDip · · Score: 4, Interesting

      Anyone remember what happened to the OS/2 Version of SourceSafe when Microsoft bought that?

      I do.

      --

      You know you're a geek if you've ever replied to a tagline.

    4. Re:Cross-Platform Paranoia?? by The_Laughing_God · · Score: 4, Insightful

      This will almost certainly not be proven in court. It is an assertion Cringeley made (or suggested). Cringeley is not suing Microsoft, and has no legal standing to do so - he's a bystander reporting it, not a participant. As far as the Burst case, goes, it's irrelevant why MS did it, the issue is *if* they did it, and if so, did they do it knowingly?

      Though, technically, the mere fact of infringement may be enough, under many laws and precedents, "deliberate infringement" can be very important - as a practical matter, it certainly factors into the monetary judgment. I was once party to a potentially important (as a national legal precedent) verdict against a major organization, which caused the offender to draw up untterly revamped corporate practices... until the award phase (which came 4-5 months after the verdict). The court granted a mere $1 in damages. The written decision was clear that the big company was wrong beyond all doubt, but the judge felt it wasn't intentional or within the reasonable control of such a large outfit (a view he wouldn't have held for long, if he could have seen the tone of the policy revision documents generated after his verdict) The plaintiff promptly dropped all its plans to correct the practices the court had found "wrong". Apparently they felt the judge's decision gave them a few years of "yeah, we were wrong, but a court has found that it's not really our fault" leeway before some later case forced them to make changes they didn't want to make - and who knows what might change in the meantime?

      Incidentally, this is a fundamental process in all 'History'. "History" is a matter of interpretation and extrapolation. We rarely have a smoking gun that tells us why a leader or governemnt does what it does. Almost always, we only know (a consensus view of) what happened, and can only guess "why".

      Did negotiations fall through because Party A was intimidated or unimpressed by Party B's penis at the urinal during a break? Did Party A walk out of a party with a girl Party B had wildly fancied, but never got to the introduction stage with? Did Party A have an accent, or manner of speaking, that subconsciously reminded Party B of a much loathed stepfather or cousin? That kind of thing generally doesn't end up in memoirs or reports.

    5. Re:Cross-Platform Paranoia?? by mbourgon · · Score: 4, Funny

      Anyone remember what happened to the OS/2 Version of SourceSafe when Microsoft bought that?

      Never heard of it.
      Oh.

      --
      "Sometimes a woman is a kind of religion, she can save your soul & set you free from all your sins" - Bad Examples
    6. Re:Cross-Platform Paranoia?? by ghjm · · Score: 1

      How were you involved with SourceSafe before Microsoft bought them?

    7. Re:Cross-Platform Paranoia?? by horos2c · · Score: 1

      > Though, technically, the mere fact of
      > infringement may be enough, under many laws and
      > precedents, "deliberate infringement" can be
      > very important - as a practical matter, it
      > certainly factors into the monetary judgment. I
      > was once party to a potentially important (as a
      > national legal precedent) verdict against a
      > major organization, which caused the offender
      > to draw up untterly revamped corporate
      > practices... until the award phase (which came
      > 4-5 months after the verdict). The court
      > granted a mere $1 in damages.

      Which two companies were involved? I seem to remember this happening to microsoft...

    8. Re:Cross-Platform Paranoia?? by staev · · Score: 1

      "It is a true image bourne of false specticle; but have you ever known it to be otherwise? History was lived so that a glorious page might be written, then read. It's the reading that counts." Your thoughts, although very well organized, do not address the central issue: where are the emails? Try Fark next time.

    9. Re:Cross-Platform Paranoia?? by Elwood+P+Dowd · · Score: 1

      Count your blessings.

      --

      There are no trails. There are no trees out here.
    10. Re:Cross-Platform Paranoia?? by Bj�rn · · Score: 2, Interesting
      Anyone remember what happened to the OS/2 Version of SourceSafe when Microsoft bought that?

      I seem to remember that there was also a Mac and Unix version.

      --
      Never express yourself more clearly than you are able to think. --Niels Bohr
    11. Re:Cross-Platform Paranoia?? by Elektroschock · · Score: 2, Interesting

      In any case: burst is a patent privateer. And we shall not support evil companies. http://www.noepatents.org

    12. Re:Cross-Platform Paranoia?? by Anonymous Coward · · Score: 0

      You remember incorrectly. There was a Mac plug-in for CodeWarrior, which wasn't updated to VSS6 but otherwise remains functional.

    13. Re:Cross-Platform Paranoia?? by Midnight+Thunder · · Score: 1

      I don't know if Microsoft ever did anything for these platforms, but there is a third-party company, called Sourcegear that makes a solution for Unix based platforms.

      --
      Jumpstart the tartan drive.
    14. Re:Cross-Platform Paranoia?? by Anonymous Coward · · Score: 0
      As far as the Burst case, goes, it's irrelevant why MS did it, the issue is *if* they did it, and if so, did they do it knowingly?
      Now, as a joe nobody, if I develop a really sweet piece of open source software that unknowingly infringes on a companies multi-angle-pantented IP, would it matter if I knowingly reproduced it, or not?

      AC, for kharma-free whoring at it's best.
    15. Re:Cross-Platform Paranoia?? by Anonymous Coward · · Score: 0

      Like when MS invested in Groove (groove.net) and the plans for a non-Windows version disappeared.

    16. Re:Cross-Platform Paranoia?? by Bj�rn · · Score: 1
      I don't know if Microsoft ever did anything for these platforms

      You are right, Microsoft never supported SourceSafe for OS/2, Mac and Unix. But SourceSafe was originally developed by an independent company called Lifetree or something similar. I'm not sure about the Unix support, but as I recall some version of Unix was supported. Microsoft after having failed miserably with a product called Delta bought Lifetree (or whatever the company's name was) and SourceSafe. Existing boxes of SourceSafe were shipped with a sticker stating that support for other platforms was discontinued.

      Thanks for the link to SourceGear.

      --
      Never express yourself more clearly than you are able to think. --Niels Bohr
    17. Re:Cross-Platform Paranoia?? by RealBeanDip · · Score: 1

      I was a customer.

      --

      You know you're a geek if you've ever replied to a tagline.

  4. I don't believe it by Ro'que · · Score: 4, Insightful

    Wow...Microsoft undertaking anti-competitive behavior and holding evidence from a court of law? I don't believe it.

    Err...wait...that's the only thing they seem to be doing lately, aside from helping the feds bust 18 year olds for writing worms.

    1. Re:I don't believe it by Anonymous Coward · · Score: 2, Funny

      Err...wait...that's the only thing they seem to be doing lately, aside from helping the feds bust 18 year olds for writing worms.

      Hey! Didn't he just RE-write the worm? Credit where credit is due... fixing bad code won't make him l33t will it?

    2. Re:I don't believe it by randyest · · Score: 3, Interesting

      No doubt MS is capable of this, but I'm perplexed: assuming at least a few of the missing emails were between MS employees and burst.com employees, wouldn't the burst.com folks still have a copy?

      Sure, MS employees probably wouldn't cc: burst.com on the most damaging emails, but just having the burst.com side of the threads during the period in question would no doubt provide the ammo needed to annihilate any claim by MS that the emails sent in the 35-week mystery gap were "uninteresting."

      --
      everything in moderation
    3. Re:I don't believe it by kfg · · Score: 1

      This is just another example of Microsoft being "innovative" with their business practices, records and court evidence.

      Just wait until they start showing videotapes in support of their arguement.

      KFG

    4. Re:I don't believe it by Sebby · · Score: 2, Insightful
      That's probably the card they're holding; right now they just want to see if MS can come up with the missing messages; if it doesn't, they can use the fact that they won't provide the requested evidence plus whatever they've already got against them.

      Mostly setting up the stage for a powerplay for the jury

      --

      AC comments get piped to /dev/null
    5. Re:I don't believe it by Anonymous Coward · · Score: 2, Insightful

      RTFA

      They're wanting internel emails - they want to establish what microsoft was thinking around the time that they decided not to license burst's code.

    6. Re:I don't believe it by ksheff · · Score: 1

      And you would think that with nearly $50B in the bank, they would be able to hire some people to clone the technology themselves w/o resorting to stringing a little company along and then stealing the technology. But, no...this is typical behavior for them. WTF do they do in Redmond? Any of their stuff that's worth a damn is something that they've bought from other companies and have performed incremental upgrades on it.

      --
      the good ground has been paved over by suicidal maniacs
    7. Re:I don't believe it by MMaestro · · Score: 0, Troll
      The burst.com side? Seems to me more like a cheap attempt to snag some cash from Microsoft while everyone is attacking it.

      Burst's lawyers discovered a 35-week gap of missing mail during a critical portion of the negotiations.
      I'm sorry, but the lawyers just managed to "discover" a 35-week period gap? According to the article, all the e-mails printed out filled 140 boxes. Now unless they decided to hire a couple hundred interns to sort through all that, or they used very small boxes, I seriously doubt Burst.com didn't plan this.
    8. Re:I don't believe it by radsoft · · Score: 1

      I don't see how this could hold. After all, the contention is MS lured Burst - played up to them, only long enough to steal their technology.

      No one is denying the companies talked. What you will find in those letters is a sort of dissemblance I would believe.

      OTOH, with an email culture as MS's, the internal memos would be very enlightening.

      --
      radsoft.net
    9. Re:I don't believe it by evilviper · · Score: 3, Interesting

      How much NDA material do you typically e-mail over the internet?

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      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    10. Re:I don't believe it by Vaughn+Anderson · · Score: 4, Insightful
      ...wouldn't the burst.com folks still have a copy?

      Actually if they did (which I will guess they do) this is a great strategy. Basically if they can get Microsoft to-

      1. Be paranoid about which emails to show, and which not to. (ie filter out the old emails that are bad)

      2. Leave out important emails. (and therefore show intential deceit)

      3. Edit some of the worse/damaging emails (and therefore prove fraud instantly)

      Then they are in a good position no matter what... _especially_ if they have copies of all these emails.

      One of my clients refuses to work with Microsoft at all, he said there's no way he's going to get burned by spending all the time and effort on debugging and bringing a project to fruition only to get burned my MS, he's seen too many companies go down trying to work with MS.

      So, if Burst was smart knowing this, or even suspecting the possibility they may have had enough forthought (sp?) to make a paper trail of sorts... then if they did prepare properly for this eventuality, then IMO they are playing their cards well...

    11. Re:I don't believe it by randyest · · Score: 0, Offtopic

      No one is denying the companies talked. What you will find in those letters is a sort of dissemblance I would believe.

      Huh? (This is not grammar nazi mod material, I'm truly baffled as to what you mean.)

      The word you've entered isn't in the dictionary. Click on a spelling suggestion below or try again using the Dictionary search box to the right.

      Suggestions for dissemblance:

      1. dissemblers
      2. dissembling
      3. disassembles
      4. dissembled
      5. dissembles
      6. disemboweled
      7. disembowelled
      8. dissembler
      9. disembowels
      10. disassemble

      --
      everything in moderation
    12. Re:I don't believe it by randyest · · Score: 5, Informative

      Me personally? A lot. Like 3-4 emails per day are covered by NDA, and the lawyers make us put those silly little sigs that do nothing. Oh, and we use Thawte certificates to encrypt and sign every one of them (well, even the non-NDA ones usually, out of habit).

      In the ASIC design industry, I'd say this is pretty common. All discussions between vendor and customer are under NDA, sometimes even before any discussions at all happen there are multiple NDAs in place. And lots of the business (even exchange of IP in source code attachments) takes place by email.

      Other industries? I'm not sure.

      --
      everything in moderation
    13. Re:I don't believe it by Snowdrake · · Score: 2, Informative

      Now unless they decided to hire a couple hundred interns to sort through all that, or they used very small boxes, I seriously doubt Burst.com didn't plan this.

      Sure there's a lot of data there, but the e-mails in question were delivered in machine-readable format. Now, Slashbots, how do we handle hundreds of thousands of pieces of pretty well homogeneous data?

      (Pauses while the shouts of "MySQL!" ring out around him, shakes his head.)

      Close enough, anyway. It would be pretty well trivial from a procedural point of view (though it would likely take an hour or two for someone to write the script and a few days of some poor intern swapping DVDs/tapes) to load all the e-mails into a database. Date-sorting then becomes a matter of a one-line query, and they were probably date-sorted before they were printed anyway. Every DB client I've ever used will return such a query in a tabular format that would make it very easy on a quick scroll through to see a big gap in message dates.

    14. Re:I don't believe it by dipipanone · · Score: 2, Interesting

      I seriously doubt Burst.com didn't plan this.

      How could Burst.com plan to have Microsoft conceal 35 weeks worth of emails?

    15. Re:I don't believe it by Seeker5528 · · Score: 1

      "I'm sorry, but the lawyers just managed to "discover" a 35-week period gap? According to the article, all the e-mails printed out filled 140 boxes. Now unless they decided to hire a couple hundred interns to sort through all that, or they used very small boxes, I seriously doubt Burst.com didn't plan this."

      I would have a tendency to think they printed the documents in an organized fashion that would not require a huge amount of sorting after the fact.

      Why would they need a bunch of interns to sort through the printed out emails when they have them on a disk and could have a computer do it?

      Why would they have any need of the printed email other than to have them on hand in court to present as evidence?

      Later, Seeker

    16. Re:I don't believe it by BrynM · · Score: 1

      Um, this is civil law. There is no Jury.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    17. Re:I don't believe it by pyrrhonist · · Score: 2, Informative

      They can elect to have a jury trial.

      --
      Show me on the doll where his noodly appendage touched you.
    18. Re:I don't believe it by rking · · Score: 1

      Dissemblance is a perfectly valid word. You just need a better dictionary.

      Also, anyone familiar with the English language in general and the meanings of some of the words you listed (dissembled, dissembling etc.) should find it easy to work out the meaning of "dissemblance".

    19. Re:I don't believe it by gujo-odori · · Score: 1

      Heheh. I have seen, and been paid to translate (by the rightful recipient), NDA material that was sent by email in clear text :-p

    20. Re:I don't believe it by rking · · Score: 1

      That last sentence may have sounded flamier than I meant it :) I just meant to say that if you looked at the meanings of the matches you did get for the word then you could have seen what the word meant.

      People use words that aren't in dictionaries all the time, by deriving them from existing words. I doubt that the word "flamier" appears in most dictionaries, though I see that dictionary.com even gets that, but anyway the meaning is perfectly guessable.

    21. Re:I don't believe it by BrynM · · Score: 1
      Didn't know that. Do they both have to or just one party?

      Thanks!

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    22. Re:I don't believe it by pyrrhonist · · Score: 1

      Obligatory IANAL... It seems that this differs by municpality and the type of court. In some municipalities in small claims court, the plaintiff gives up this right, but the defendant does not. Otherwise, it appears from what I've been able to dig up online, that either party can demand a trial by jury, and it does not appear to require agreement between the parties. It's funny, but one of the things that I seem to remember seeing in the SCO documents was that SCO is requesting a trial by jury.

      --
      Show me on the doll where his noodly appendage touched you.
    23. Re:I don't believe it by Anonymous Coward · · Score: 0

      Plenty. I just pgp or gpg it first. Voila!

    24. Re:I don't believe it by Sebby · · Score: 1

      Fine then, the judge, whatever.

      --

      AC comments get piped to /dev/null
    25. Re:I don't believe it by hobbesmaster · · Score: 1

      Its in the Constitution, if the claim is more than $20 then either party can ask for a trial by jury.

    26. Re:I don't believe it by Sphere1952 · · Score: 1

      Amendment VII

      In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

      --
      Big Brother Bush is doubleplus ungood.
    27. Re:I don't believe it by Zeinfeld · · Score: 1
      In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

      This is probably the biggest mistake in the constitution. The reason it was included is that at the time there was a big fear of judicial corruption - a fair concern given the context of the time.

      The problem today is that juries are simply incapable of understanding a lot of the issues that regularly appear in civil trials. Cases are more likely to be decided on Johnnie Cochran style attorney hysterics of the type that got OJ off the hook for murdering Nichole and Ron.

      Burst.com have no technology, they have a bunch of bogus patents that describe techniques that have been taught in comp arch classes for twenty years (see DMA). They know they can't win through the law so they get rubes like Cringely to shill for them.

      Another big problem with the jury trial clause is the 'no fact decided by a jury' part. This is responsible for a lot of miscarriages of justice as courts insist that they cannot overturn a conviction because of a 'fact' decided by a jury no matter how much proof there is that the decision was wrong.

      --
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    28. Re:I don't believe it by Zeinfeld · · Score: 1
      No doubt MS is capable of this, but I'm perplexed: assuming at least a few of the missing emails were between MS employees and burst.com employees, wouldn't the burst.com folks still have a copy?

      The emails they would want would be the internal ones that were between the Microsoft employees.

      I strongly suspect that Cringely has not investigated much further than asking Burst.com's opinion on the matter. It does not seem very likely that a judge would order Microsoft to produce documents in this way and for the only person to report it to be Cringely.

      What I suspect the judge actually ordered was that Microsoft must either produce the emails in question or show that the offsite backup copies do not exist for the period in question. Of course Cringely being the Bill O'Really of tech journalism automatically believes that Microsoft must be lying and so he omits the last part, or maybe he did not bother to question burst on the point.

      I don't think that folk like Cringely and O'Really do any service to anyone long term. Their statements just come out as a stream of pure opinionated hysteria. Although to be fair to Cringely he has not (yet) insisted that his publisher take Al Franken to court for calling him a liar.

      --
      Looking for an Information Security student project suggestion?
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  5. Lordy Be by Anonymous Coward · · Score: 4, Funny


    A lawsuit against Microsoft. Geeze, I hope the company I work for issues a decree to install no more Microsoft products until this is worked out in court.

    Oh, sorry, thats just for the SCO crap.

    1. Re:Lordy Be by pizzaman100 · · Score: 1

      Maybe Blast can start licensing Windows Media Player for $600 a copy...

  6. Amazing by WwWonka · · Score: 5, Interesting

    That totally boggles the mind that companies/individuals still think that they can play the "electronic ignorance" game with the court and legal computer experts. It seems as if the time of being able to pull the wool over the courts eyes due to the lack of knowledge of technology is slowing coming to an end.

    What's even more amazing, in this case, is that it is Microsoft playing "oops, backups? whats that?"

    1. Re:Amazing by werdna · · Score: 4, Funny

      What's even more amazing, in this case, is that it is Microsoft playing "oops, backups? whats that?"

      Gosh, I don't know. Given their decidedly naive understanding of security and accessibility, I wouldn't hold them in such high esteem on backup policy.

    2. Re:Amazing by Brushfireb · · Score: 1

      Dont be silly.
      Just becuase they dont give a crap about YOUR security, doesnt mean they ignore their own. The same applies for accessibility, backups, etc. Microsoft facilities function pretty well.

    3. Re:Amazing by IM6100 · · Score: 1, Offtopic

      Yeah, but they're probably better at keeping backups of email than the *snicker* Clinton White House. heh.

      --
      A Good Intro to NetBS
    4. Re:Amazing by Anonymous Coward · · Score: 0

      Or top geniues Ollie North and Adm Poindexter, who thought pressing the delete key really deleted your email.

    5. Re:Amazing by BJZQ8 · · Score: 2, Informative

      You hit the nail on the head. Have you ever seen the manual for a "Gates Library" computer? The kind that Bill Gates passes out for tax breaks? It's thousands of pages thick. If you are "in charge" of the machine, you have access to a key which enables "Exec" mode...without it, you can't install any files or change anything on the machine. But of course that doesn't cover things like Blaster which install themselves through RPC...and of course, also, only "authorized" people are allowed access to the precious key to fix the machine. The point of all of this is that Bill Gates is as paranoid as any other multi-billionaire (I've had personal ties with one other before, which is where I get my thoughts on the subject.) He's completely obsessed with his OWN security, and certainly that of his corporation. But the common plebian that buys his drivel-software? Who cares.

    6. Re:Amazing by Keeper · · Score: 1

      Microsoft has a company policy not to retain email for more than 30 days. What makes you think they'd keep backups of stuff they don't want to keep in the first place?

    7. Re:Amazing by randyest · · Score: 1

      How do you know this? The article summary includes "When the judge learned the Sun vs. Microsoft antitrust case had revealed that MS keeps backups of all emails on over 100,000 tapes stored offsite, he ordered them to come up with the missing messages" which, while admittedly not a direct contradiction of your claim, seems to imply that backups are kept long enough to move them off-site in the form of 100k tapes, which to me sounds like more than 30 days of email.

      --
      everything in moderation
    8. Re:Amazing by ksheff · · Score: 1

      No kidding. When microsoft.com was first brought online, the only reason they moved the machine that was hosting it into a server room, was the moron that was in charge of it had it under his desk and would accidentally shut it off or kick out the power plug from time to time.

      Maybe the Russians who had unfettered access to their network a year or two ago could tell us something about the policies.

      --
      the good ground has been paved over by suicidal maniacs
    9. Re:Amazing by hdparm · · Score: 1

      Are you saying that they don't use own software internally?

    10. Re:Amazing by Brushfireb · · Score: 1

      Not at all. Im just saying its not the ONLY software they use. I would imagine its about 1000x times easier to make Microsoft software work correctly when the jobs of the programmers who write the code are under direct review.

    11. Re:Amazing by Keeper · · Score: 1

      The policy went into effect after the lawsuit with Sun, or rather because of it. Think about it ... they had to search through 100,000 tape backups for email messages to comply with the court order. After doing that once, would YOU want to do it again? I didn't think so. You don't have to search through what you don't have. :p

    12. Re:Amazing by Sivaram_Velauthapill · · Score: 1

      How much do you want to bet that this judge still thinks a tape backup is the stuff from the 60's? Of course the opposition should keep the lawyer games at bay but really...

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
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  7. hitech by hey · · Score: 5, Funny

    The lawyers printed out all the message (140 boxes) then sorted them by hand it seems to find the missing dates. Maybe they should have used a computer.

    1. Re:hitech by elmegil · · Score: 1

      Really. I didn't get that far into it, and had assumed they just had a staff geek who did it in perl. How sad.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    2. Re:hitech by Anonymous Coward · · Score: 2, Funny

      Odds are, first they printed them to TIFF, then they printed the TIFFs to paper, then someone else scanned all the paper in and OCRed it, and then they sorted it by hand. Situation Normal in the legal industry.

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

      News flash, lawyers charge by the hour...

      So when they get awarded costs, they will get vastly more (ten interns times 140 boxes times eight hours times $400/hr) than if they did it the easy way (one intern clicking the "Modified" column in Explorer).

    4. Re:hitech by Waffle+Iron · · Score: 5, Funny

      If I were billing $250 per hour to sort papers, I wouldn't use a computer either. In fact, I would put on a pair of oven mitts. (We wouldn't want to get a paper cut, after all.)

    5. Re:hitech by pantherace · · Score: 5, Insightful

      Maybe, unless, you, like their lawyers, were on contingency...

    6. Re:hitech by terrymr · · Score: 2, Informative

      In reality MS probably provided the emails in TIFF format ... I work for lawyers and we get a lot of discovery that way.

    7. Re:hitech by rainwalker · · Score: 3, Funny

      I think his point still holds...if Burst.com wins the case, won't Microsoft become liable for the hundreds of hours Burst.com's legal team spent sorting printouts of emails with oven mitts?

    8. Re:hitech by Anonymous Coward · · Score: 0

      I'm sure that MS provided the emails in the most convenient form possible for the opposing legal team.

    9. Re:hitech by Anonymous Coward · · Score: 0

      Windows geek using perl. Likely.

    10. Re:hitech by Anonymous Coward · · Score: 0

      Rainwalker, brother to Spock... Come forth and hear human humor.

    11. Re:hitech by MegaFur · · Score: 1

      Those sons a biatches. I wonder--could a crafty lawyer counter that by specifically requesting the format that the emails are to be presented in? Or at least--couldn't the lawyer request that the emails be given in their original form?

      Such a request would seem only fair to me--it would help allay any fears that the evidence (emails) had been tampered with.

      --
      Furry cows moo and decompress.
    12. Re:hitech by rgmoore · · Score: 4, Insightful

      Generally not. Most of the time a contingency case is run on a strict percentage basis. If the plaintiff wins, the lawyer gets to keep something like 1/4 to 1/3 of the total proceeds. That's an awfully large amount in some cases, but on the other hand they get nothing if they lose, and next to nothing if they fail to get a big judgment or settlement. Lawyers working on contingency have every motivation to keep their costs down as much as they can without risking losing the case. Effectively, every extra dollar they spend comes out of their own pocket, win or lose, and every extra lawyer they bring on board is one more way that the money will have to be split. You could argue that this makes contingency a good thing, because it means that the lawyers' and clients' interests are perfectly aligned.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    13. Re:hitech by Anonymous Coward · · Score: 4, Informative

      Here's what I know about this (only a little):

      The emails are turned over in their "original" form. Well not really. In the case of Exchange, they would be copied to a PST file and delivered that way. A services firm then goes through the PSF, and creates indexes, TIFF, and maybe extracted text. Or they might OCR the TIFF files. From then on, everyone looks at the images/text. If there's any question about the authenticity, they can go back and find the original.

      There's actually manuals of procedures for "electronic discovery", so most of this is standardized. A lawyer probably has limited ability to challenge the process.

    14. Re:hitech by martin-boundary · · Score: 1

      Hell, I just hope they used quicksort!

    15. Re:hitech by Anonymous Coward · · Score: 0

      It sounds like somebody once thought they could prevent "evidence tampering" by going to paper/bitmap format. Also sounds like they didn't think very far ahead on that one.

    16. Re:hitech by ksheff · · Score: 1

      But why create tiffs? You have the original text, why go throught through the trouble of creating a TIFF out of it? That seems very odd.

      --
      the good ground has been paved over by suicidal maniacs
    17. Re:hitech by digifish · · Score: 2, Informative

      I guess that is because there are different text code standard exists on different machines, the text (ascii) file might be all right if everyone use IBM PC. But once you read these files on some other computers, the meaning of texts might changed. While TIFF is a (set of) standard image format, such ambiguity might not exists. Another reason I guess is that image files are much more difficult to be modified than pure text files. Pardon me for my English.

    18. Re:hitech by Anonymous Coward · · Score: 0

      Yeah, that's basically what I've heard. Another reason is that it looks just like the original (printed), which lends more credence.

      Also, the industry is used to dealing with TIFFs from paper documents, so there's a fair amount of software out there.

    19. Re:hitech by Jim+Hall · · Score: 1

      The lawyers printed out all the message (140 boxes) then sorted them by hand it seems to find the missing dates. Maybe they should have used a computer.

      I used to work for a legal document imaging company. The tactic of throwing lots of paper at your opponent is a very common one. Hence, the demand to use a legal document imaging company.

      No, it's not unusual at all to print out all the paper to turn over to the other side (called "production"). Yes, it would have been easier to use a computer, and for Microsoft to just turn over a soft copy of the emails. But why make it easier on your opponent? If they did that, Burst.com's lawyers would have had an easier time discovering the missing email gap.

      By flooding them with paper, Microsoft stood a small chance that the gap would be missed. At the very least, Burst.com spends more on legal fees.

    20. Re:hitech by mojoNYC · · Score: 1
      two words: "billable hours";>

    21. Re:hitech by Anonymous Coward · · Score: 0

      You could argue that this makes contingency a good thing, because it means that the lawyers' and clients' interests are perfectly aligned.

      Unless, of course, the client was interested in pursuing justice rather than a financial trade off. Yeah, fairy tale stuff I know.

    22. Re:hitech by jafuser · · Score: 1

      You need a + 1 Informative

      You beat me to the explanation.

      There are whole companies designed just for handling these legal documents.

      --
      Please consider making an automatic monthly recurring donation to the EFF
  8. The real problem with these cases... by Anonymous Coward · · Score: 5, Insightful

    ...is that they happen again and again. It's cheaper for MS to just pay small companies "small" settlements of $20-50 million.

    That's chump change to MS but lots of money to most smaller companies -- so MS just buys it's way out of these lawsuits until the cows come home.

    Unfortunately, something like this isn't enough to really nail MS and make them change permanently. I almost yawn when I hear about it right now -- it's somewhat depressing that a strategy like this can work, but it makes great numbers sense.

    Due to my own involvement in these kinds of things I'm posting anonymously, which sucks...

    1. Re:The real problem with these cases... by Doomdark · · Score: 4, Insightful
      Well, I don't think it's very beneficial for Microsoft in the long run to do this; to get nailed and pay. If they keep on doing that, they'll just make it so much easier for next small company to win their retirement money. I mean, just like common criminals, companies do get reputation, and after couple of settlements (or worse, convictions), what happens is:
      1. It becomes more tempting for smaller companies to sue (based on track record of MS losing or settling similar cases)
      2. Judges will find it easier to trust the evidence based on the fact Microsoft has done similar contract infringements (etc) previously
      I don't believe they really get out totally squeaky clean; although in theory settlement with "no acknowledgement of wrongdoing" is what it says, in practice it gives impression of just saving your face from actually losing the case. It may not be admissible as any kind of evidence (ie. in court one can not directly use dismissed cases to support a case), but don't think for a moment they have no impact indirectly.

      On the other hand, most all corporations nowadays seem to concentrate on short term prospects, so perhaps I'm wrong in assuming companies would think along above lines. Perhaps Microsoft thinks short term benefits of unfair play and potential later settlement make sense.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    2. Re:The real problem with these cases... by Guppy06 · · Score: 3, Insightful

      " ...is that they happen again and again. It's cheaper for MS to just pay small companies "small" settlements of $20-50 million."

      Except that Microsoft's legal history follows them (note the way they referenced a prior Microsoft legal battle to show that Microsoft really hadn't lost their e-mail), which will only make it easier and easier to successfully get concessions from Microsoft.

      And this doesn't even consider the bad reputation they're making for themselves among the federal judges presiding over these cases. With tactics like this, while the settlements may be small, what happens when fines from being found in contempt of court start to rack up?

    3. Re:The real problem with these cases... by jcr · · Score: 3, Insightful

      Well, I don't think it's very beneficial for Microsoft in the long run to do this; to get nailed and pay.

      It wouldn't be if we had a justice department that had any interest in enforcing anti-trust laws, but as it is, MS only loses with this strategy if the payout is more than they make on the stolen techonolgy.

      Digital Research, Stacker, Intuit...

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    4. Re:The real problem with these cases... by EelBait · · Score: 4, Insightful

      The sad thing is Microsoft already has a bad reputation and nobody cares. If IT mgmt was half as jittery over Microsoft as they are about the SCO/Linux thing after each lawsuit, there would be an industry-wide, massive nuke and pave movement to rid itself of everything MS.

      So, yes, Microsoft has a reputation and a conviction record, but they are a "known", so mgmt. doesn't worry about it.

    5. Re:The real problem with these cases... by Col.+Klink+(retired) · · Score: 4, Interesting

      > It's cheaper for MS to just pay small companies "small" settlements of $20-50 million.

      Remind me again how many fines MS had to pay for the whole anti-trust case (and please don't count software since the marginal cost $0 *and* it strengthens their monopoly).

      --

      -- Don't Tase me, bro!

    6. Re:The real problem with these cases... by Cid+Highwind · · Score: 2, Insightful

      Except that Microsoft's legal history follows them (note the way they referenced a prior Microsoft legal battle to show that Microsoft really hadn't lost their e-mail), which will only make it easier and easier to successfully get concessions from Microsoft.

      That's only true for the high-profile cases (Sun, Netscape, etc.) that were decided in court. There are many many more lawsuits brought by small companies that were settled out of court and sealed as a condition of that settlement. Those cases can never be brought out as evidence against MS in a later suit. So no, the majority of their legal history is not following them.

      With tactics like this, while the settlements may be small, what happens when fines from being found in contempt of court start to rack up?

      Yawn. MS has $40,000,000,000 in the bank. They can pay fines till the cows come home and not suffer much because of it. Now if judges had the authority to fine them in patents or copyrights, then you can bet MS would pay attention.

      --
      0 1 - just my two bits
    7. Re:The real problem with these cases... by Anonymous Coward · · Score: 1, Insightful

      that's also because most management are idiots.

    8. Re:The real problem with these cases... by Anonymous Coward · · Score: 0
      You're forgetting that, if M$ is found liable in this case, punitive damages will almost certainly be awarded. How much money will it take to punish Microsoft? A heck of a lot more than $50 million.

      In a case where the company has $50 billion in the bank, my guess is that punitive damages will start at $1 billion.

    9. Re:The real problem with these cases... by gmhowell · · Score: 1

      Not necessarily true. Verizon was (still is?) being fined some absurd daily amount for not playing nice with CLECs. They found it cheaper to pay the fine and keep the customers than to lose the customers and stop having to pay the fine.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    10. Re:The real problem with these cases... by Whyzzi · · Score: 1

      Yes.. the devil you know verses the devil you don't. Might as well be buddies on the surface if your in it for the long haul.

      --
      "BSD is about people pissing each other.." (Moid Vallat)
    11. Re:The real problem with these cases... by Anonymous Coward · · Score: 0

      Microsoft's payments to a dying anti-Linux company (SCO): $1 million

      Microsoft's payments to a dying cross-platform company (Burst): $0

      Watching Microsoft's legal ineptitude in person at open court sessions: priceless.

    12. Re:The real problem with these cases... by J.+J.+Ramsey · · Score: 1

      "The sad thing is Microsoft already has a bad reputation and nobody cares."

      That's not quite true. It's more like "Microsoft has a bad reputation but a lot of people find it unfeasible to do business without MS." That's also less of an issue in markets where MS isn't entrenched (i.e. cell phones).

      Right now, the only cash cows MS has are Windows and Office. Gee, wonder why?

    13. Re:The real problem with these cases... by Qrlx · · Score: 1

      consider the bad reputation they're making for themselves among the federal judges presiding over these cases.

      I guess maybe they'd have to incorporate under a new name and *poof!* the legal slate has been wiped clean!

      It wouldn't matter (to the law) that it's the same people running the show. Wall Street might notice, but considering how strong an investment MS is, would they be upset? Hell no.l

  9. Shades of Watergate by 17028 · · Score: 4, Insightful

    Now taking bets on Microsoft's off site back up location mysteriously having lost/erased those tapes.

    1. Re:Shades of Watergate by FrankoBoy · · Score: 4, Funny

      I'd call that one the Billgate.
      *rimshot*

    2. Re:Shades of Watergate by Dorothy+86 · · Score: 2, Interesting

      I agree, it is very "Nixonesque." In the immortal words of Arlo Guthrie (about Nixon): " Imaging a world where there weren't VCR's and tape players in every home. he was truly a man ahead of his time! He recored everything that was going on in the white house. And that was all fine and good, until one day... THEY STARTED PLAYING BACK THE TAPES! But it wasn't any thing on those tapes that got the man in trouble, so much as it was what had been erased from the tapes."

      now, picture Bill Gates, standing on the stair ramp of "Air Force 1.0"; with a double peace sign.... frightening.

    3. Re:Shades of Watergate by Anonymous Coward · · Score: 0

      Bill Gates before the Judge: "I am not a crook."

    4. Re:Shades of Watergate by Daengbo · · Score: 1

      I'm glad I'm not the only one who thought or Watergate first. I skimmed the other posts and saw only yours. It kind of makes me feel old...
      I can only hope that MS gets more punishment than a little backpedaling and a pardon, but I doubt it. Although, as my father likes to say, "Nixon was a good politician, and didn't do anything that other politicians don't do, he was just stupid enough to record it all on tape and then get caught."

      :%s/Nixon/Microsoft/g :%s/politician/company/g

      Microsoft need to really get nailed for this one, but I think withholding evidence doesn't carry the punishment it used to.

    5. Re:Shades of Watergate by IM6100 · · Score: 3, Interesting

      It's also pretty close to the little trick with email backups that the Clinton White House pulled. We don't have to reach back 30 years, though it's fashionable now to forget Clinton's little email thing.

      Maybe 30 years from now they'll be recalling it.

      --
      A Good Intro to NetBS
    6. Re:Shades of Watergate by Anonymous Coward · · Score: 0

      Maybe Microsoft will release a picture of Mrs. Gates stretching across her desk and accidentally deleting the files.... in a bikini.

      (Hey I can dream).

    7. Re:Shades of Watergate by kfg · · Score: 4, Funny

      Nonsense. Microsoft has hired former White House staffer and expert in records integrity Rose Mary Woods to look after their backups.

      Nothing can go wrong. . . go wrong. . . go wrong. . . go. . .

      KFG

    8. Re:Shades of Watergate by Anonymous Coward · · Score: 0

      now, picture Bill Gates, standing on the stair ramp of "Air Force 1.0"; with a double peace sign.... frightening.

      Probably achievable if MS starts buying a few of those dodgy voting machines, and runs elections on Windows.

    9. Re:Shades of Watergate by sporktoast · · Score: 2, Funny

      Nixon tapes gap = 18.5 minutes
      MS Emails gap = 35 weeks

      That's a factor of almore 20,000.
      Looks like Moore's Law might apply here, too.

      --
      In a related story, the IRS has recently ruled that the cost of Windows upgrades can NOT be deducted as a gambling loss.
  10. As much by jeffkjo1 · · Score: 2, Insightful

    As much as Microsoft is likely wrong in this situation.... it shows more of the woes of software patents. It's too late for us in the US, but for those of you in Europe.... write your... uhhh, Europie Congressperson....

    If software patents were legal at the turn of the century, Ford would be the only car company in the world.

    1. Re:As much by Anonymous Coward · · Score: 0

      Yes its so great that Bill, talkes about how great proprietary software is, and how you can cross-license everything in it. So much for cross-licensing everything Bill, that's right just go ahead and steal.

    2. Re:As much by Anonymous Coward · · Score: 0

      Because there was so much software being written then...

    3. Re:As much by Anonymous Coward · · Score: 0

      Er, the patent issue with automobiles dealt with a patent issued in the late 19th century, and, if Ford had not managed to get it overturned, there would be no Ford.

    4. Re:As much by Anonymous Coward · · Score: 0

      and exactly how could Ford have applied for a software patent when they build cars?

    5. Re:As much by Ex-MislTech · · Score: 3, Informative

      Some of Nikola Telsa's patents were prior to 1900,
      the patent office has been around ALOT longer than
      you think .

      http://techweb.ceat.okstate.edu/ias/firstpatent. ht m

      Also as to your statement concerning ford and cars,
      a 15% change in form or function of a patented device
      is grounds for a new patent .

      Intellectual Property gets more into the abstract
      thought ownership, and is the current source of alot
      of discontent .

      Peace,
      Ex-MislTech

      >As much as Microsoft is likely wrong in this situation.... it shows >more of the woes of software patents. It's too late for us in the >US, but for those of you in Europe.... write your... uhhh, Europie >Congressperson....

      >If software patents were legal at the turn of the century, Ford >would be the only car company in the world.

      --
      google "32 trillion offshore needs IRS attention"
    6. Re:As much by WEFUNK · · Score: 1

      a 15% change in form or function of a patented device is grounds for a new patent .

      IANAL (either, I assume) but this type of reasoning is a common assumption that is entirely incorrect. If a patent is properly written it should come down to a binary test -- you either breach the claims or not. If the claims are very specific and the changes are novel, useful, and non-obvious, then even a minor change in form or function could allow be grounds for a new patent or allow one to engineer around an existing one. On the other hand, if the claims are very broad, or if the changes are quite obvious, then even a major alteration from the prefered embodiment described in the patent might not provide grounds for a new patent or even a way around the existing one. Of course the claims are often up for interpretation, but at any rate -- how can you even define an 15% change?

      Also, I believe the original poster was aware that patents were around well before 1900 but was trying to make the point that if software patents (actually, business process patents) were accepted then the way they are today, then Ford (or someone similar) might have successfully patented automation processes and delayed their widescale adoption.

      --
      My next sig will be ready soon, but friends can beat the rush!
  11. money v ethics by ianmalcm · · Score: 2, Insightful

    So the question is, will future companies still decide to deal and partner with MS, or will this case impact their business alignment reputation more than any other? MS will still dangle a ton of money in front of any company, at which point will those littler guys convienently forget the behemoth's negotiation techniques?

    1. Re:money v ethics by Anonymous Coward · · Score: 0

      Has there been any company that got into bed with MS and didnt get the short end of the stick? If you want to remain your own company, and not get robbed, the rule is dont deal with Redmond.

    2. Re:money v ethics by hpavc · · Score: 1

      is there a company that has butted heads with redmond that is still in business and not also in litigation with them?

      --
      members are seeing something, your seeing an ad
    3. Re:money v ethics by Anonymous Coward · · Score: 0

      Apple.

    4. Re:money v ethics by Cirvam · · Score: 1

      IBM

    5. Re:money v ethics by red+floyd · · Score: 1

      Intuit.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  12. Wouldn't Burst have copies of them? by Assmasher · · Score: 0

    Was M$ disputing the e-mails produced (I ASSume) by Burst? If so, that would make them dumber than usual in the courtroom.

    --
    Loading...
    1. Re:Wouldn't Burst have copies of them? by ralphh · · Score: 2, Insightful

      These would be internal (MS-employee to MS-employee) emails Burst would not have seen, possibly riddled with gems like "Those Burst guys have lousy haircuts" and "Let's dupe their technology so we don't have to pay them anything."

      --
      "A worthy cause has never been harmed by the truth" - Gandhi
    2. Re:Wouldn't Burst have copies of them? by angst7 · · Score: 1

      They wouldn't have copies of internal Microsoft email.

      --
      StrategyTalk.com, PC Game Forums
    3. Re:Wouldn't Burst have copies of them? by Col.+Klink+(retired) · · Score: 3, Funny

      I believe Burst wanted communications that had taken place between various MS managers and such. I think they're hoping to find something like:

      From: BillG@msn.com
      To: SteveB@msn.com
      Subject: Busting Burst

      Steve, I think we can use the tech we saw from Burst, but let's not pay for it, ok?

      --

      -- Don't Tase me, bro!

    4. Re:Wouldn't Burst have copies of them? by Anonymous Coward · · Score: 0

      Rather:

      'Hey Paul, let's get rid of this guy Clarence and steal all his great ideas!'

    5. Re:Wouldn't Burst have copies of them? by Lost+Penguin · · Score: 0

      I am sure the really juicy internal e-mail goes by
      Sneaker-net now.

      --
      I am the unwilling control for my Origin.
  13. unsurprising... by pliny3 · · Score: 2, Redundant

    somehow, some AG has to start treating microsofts behavior as a criminal matter. holding managers and executives personally responsible is the only way their culture will change.

  14. why isn't this fraud by Anonymous Coward · · Score: 0

    i haven't figured out why lying, then getting caught, to a judge hasn't had greater effect on microsoft. i told the judge that i couldn't have been doing 60 in that school zone my car doesn't go that fast. when the officer that pulled me over proved i was lying i got an even bigger fine. oh well. thats what i get for trying to pick up enough speed to make it up the next hill.

  15. rrm**bullshit**mm by DogIsMyCoprocessor · · Score: 4, Interesting

    The reason for this mass erasure, it was explained, is that Burst technology was unimpressive and not of interest to Microsoft, and the e-mails were simply not worth keeping. The probability that they all deleted their emails for the exact same period is of approximately the same order as the probability that there actually is Linux code stolen from SCO.

    --

    "And this is my boy, Sherman. Speak, Sherman." "Hello." "Good boy."

    1. Re:rrm**bullshit**mm by stephenry · · Score: 1

      Conversely, I would say that erasure of "unimpressive" e-mails from the Burst case, _will_ likely coincided with equally "unimpressive" e-mails surrounding the purchase of Unix licences from SCO.

  16. In other news from the future by Timesprout · · Score: 5, Funny

    Seattle Firefighters will tomorrow be engaged in a struggle to supress a fire after a large explosion at a data center used by Microsoft to store their offsite backups. I cant understand it the Fire Chief will state, the building seems to have flooded with acid and the 2 tons of explosives which were being stored there for some reason exploded, very unusual.

    A spokesman for Microsoft will say "its unfortunate" without a hint of irony.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
  17. What I'm wondering is... by luekj · · Score: 1

    Did microsoft already integrate some of this stolen Burst tech into WMP streaming server software? Or even the codec itself? I'm scared.

    --
    Many Thanks,

    Luke

  18. Surprised?? by HiThere · · Score: 3, Interesting

    This is just business as usual for MS. They have a long history of such activity. When it gets to court sometimes they lose, but frequently enough they are able to bankrupt the complaining company before "the wheels of justice" get around to turning. Frequently enough that they still consider it good practice even after losing a few cases. (The punishments were trivial, so why stop?)

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
    1. Re:Surprised?? by rainwalker · · Score: 2, Interesting

      From the article,

      "[Burst] found lawyers willing to take the case on contingency in exchange for a healthy chunk of any damage award. The lawyers are assuming all the financial risk, but they also have a chance to earn a payday worth hundreds of millions of dollars..."

      You are exactly right, usually the company with the most money wins, as legal fees are hugely expensive. This seems to be kind of a special case; with only two employees, I bet they don't really need any net income to keep the company afloat, and they managed to find (good) lawyers willing to work on a contingency basis. This also says good things about their case, as the lawyers are risking literally millions in fees they could have accrued on the outcome of the trial. It will be amusing to see the outcome of this, as the court could order Microsoft to remove the bursting functionality from Windows Media Player, which would render it worthless for streaming video, in addition to a hefty fine.

    2. Re:Surprised?? by grasshoppa · · Score: 1

      It will be amusing to see the outcome of this, as the court could order Microsoft to remove the bursting functionality from Windows Media Player, which would render it worthless for streaming video, in addition to a hefty fine.
      Now this, this I would like to see.

      MS has more money than GOD, so whatever they are forced to pay won't be anything special. But to have to strip out functionality out of one of their corner stones for the media center...I would have to sit back and smile.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    3. Re:Surprised?? by irving47 · · Score: 1

      Well, yeah, I'm surprised they can't come up with NEW shady, anticompetitive methods.

      --
      I had a sucky sig.
    4. Re:Surprised?? by KoolDude · · Score: 3, Funny


      MS has more money than GOD

      No, you are wrong. However, by GOD if you mean Linus, as in Linus "The God" Torvalds, then you are probably right... :)

      --
      getSexySig(); /* returns sexy signature */
    5. Re:Surprised?? by JKR · · Score: 1
      It will be amusing to see the outcome of this, as the court could order Microsoft to remove the bursting functionality from Windows Media Player, which would render it worthless for streaming video, in addition to a hefty fine.

      So has Real Networks paid up, given that (faster-than-real-time streaming) sounds suspiciously similar to a new feature in their latest streaming video products?

      Jon

    6. Re:Surprised?? by dbIII · · Score: 1
      MS has more money than GOD
      If you are MS - or many many others - money IS God.
  19. History by no1here · · Score: 2, Insightful

    It's funny that Microsoft does not learn from history. But how do you change 20+ years of anticompetitive methods and shady business practices? This wouldn't happen if Microsoft had been split up. Hopefully all that is just and humaine will prevail.

    1. Re:History by elmegil · · Score: 1
      This wouldn't happen if Microsoft had been split up.

      I hope that's irony. The only thing the split up would have fixed is the app people using private interfaces on the OS to beat out the competition.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
    2. Re:History by Anonymous Coward · · Score: 0

      The split up would have prevented Microsoft from using their OEM deals to push "middleware" like IE and WMP. And that's the primary benefit they get from their monopoly.

    3. Re:History by rice_web · · Score: 1, Insightful

      As much as I would like to have more competition in the productivity and operating system markets, I don't see what is wrong with our current setup. Granted, Microsoft has 'roughed up' other businesses over the years, but I hardly think it monopolistic; in fact, I call it smart.

      But to those who call Microsoft a monopoly, consider this: Microsoft needs innovation; they can't simply stop expanding Windows and its office suite, or they'll go bankrupt. Unlike a business such as oil (nearly every human on the planet is dependant upon oil), software requires innovation to make consumers purchase it. I'm staying with Windows 2000 because I don't feel XP offers anything substantial. If I don't make a purchase, Microsoft doesn't make money. With oil, however, the big oil guys don't need to change a thing if they have a monopoly, they simply have to let profits run in. Microsoft can't just sit back and take in profits.

      --
      The Political Programmer
    4. Re:History by Malcontent · · Score: 1

      You can't wash the evil off of people. Rarely does somebody who is born a unethical bastard become a good person.

      Unless God Almighty intervenes Bill Gates, Steve Ballmer and the rest of the bozos who work at MS will continue their sleazy slimy ways.

      --

      War is necrophilia.

    5. Re:History by Enrico+Pulatzo · · Score: 1

      Yeah, cuz they couldn't just live off of the royalties of new machines being sold with new copies of windows installed--that's all it takes for consumers to purchase their product.

    6. Re:History by elmegil · · Score: 1
      An A/C writes:

      The split up would have prevented Microsoft from using their OEM deals to push "middleware" like IE and WMP. And that's the primary benefit they get from their monopoly.

      Which has absolutely no bearing on this case, does it? In case you missed it, this is about the WMP people trying to steal Burst's tech.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  20. Take down that upstart! by atrader42 · · Score: 0, Redundant

    Don't let that little company with its claims of intellectual property slow you down! MS Uber alles!
    Wait a sec... /me takes off rant hat, puts on anti-MS hat
    Go Burst!

  21. Penalties? by Fnkmaster · · Score: 5, Interesting

    Am I the only one who thinks there should be real penalties for this kind of behavior? I mean, I understand you are supposed to try to win a case and everything, but failing to produce evidence on demand from a court should be punished, especially when the culprit has a history of presenting false and misleading information in court, and encouraging its legal agents to lie under oath. Why the fuck is it that we don't hold Big Faceless Corporations to the same standards of culpability as we hold individuals? If a small business pulled this shit in court, you'd get it up the wazoo, but when Microsoft does it, it's like the judicial system has no memory from one incident to the next.

    1. Re:Penalties? by Malcontent · · Score: 1

      " Am I the only one who thinks there should be real penalties for this kind of behavior?"

      It all depends on who you own.

      --

      War is necrophilia.

    2. Re:Penalties? by rusty0101 · · Score: 5, Funny

      [sarcasm] You mean something like putting the legal representitives for Microsoft or the head of the company in jail for contempt of court until the judge's orders are carried out? Why would any judge order something like that? It's not like the people failing to follow those orders are accused of witholding their source of information for a story, or their encryption keys.

      I mean all that Microsoft is accused of doing is committing software piracy. Stealing another companies pattented technology and embedding it within one of their own products.

      Surely this doesn't rise to the level of a felony or anything do you think?

      [/sarcasm]
      -Rusty

      --
      You never know...
    3. Re:Penalties? by krammit · · Score: 5, Insightful

      Agreed in full. The biggest problem with the US is that corporations are given the same rights and treated as regular citizens without having the burdens or responsibility of that designation placed on them. When a company executice pockets millions of dollars by artificially inflating stock prices and then selling it off before leaving the company, we call it a golden parachute. But if an individual did something like that, it would be appropriately called robbery. If, during the course of a trial, a normal person hides evidence or lies under oath, they are held in contempt and thrown in jail. If a company does so, it's strategic. Bullshit.

      Truth is, until this country recognizes that we can not treate corporate entities as if they were private citizens, you will continue to see this kind of hypocrisy.

      --
      "Watch your cornhole, bud."
    4. Re:Penalties? by terrymr · · Score: 1

      There are sanctions which a judge can impose for failing to produce documents... also as the article says he can tell the jury that MS failed to produce documents which may have helped the other party's case.

    5. Re:Penalties? by Anonymous Coward · · Score: 0

      I couldn't agree more. My question is in a case like this can the jury/court award damages to the company. For instance can they say okay - you've got 50 billion in the bank, $25 billion goes to Burst? Damn, that'd hurt - but it's definitely the sort of thing which would make it clear that it's always better to play by the rules.

    6. Re:Penalties? by Col.+Klink+(retired) · · Score: 1

      For Microsoft, this is pretty ethical behavior. Withholding evidence is a lot better than producing phony video evidence. They sure learned their lesson with that antitrust case... they almost had to pay a fine!

      --

      -- Don't Tase me, bro!

    7. Re:Penalties? by Fesh · · Score: 1
      Truth is, until this country recognizes that we can not treate corporate entities as if they were private citizens, you will continue to see this kind of hypocrisy.


      Seems to me that what someone needs to do is create a corporation and then sue to get that corporation on the ballot for some public office. If a corporation is to be treated the same as an individual, than the corporation itself ought to be able to run for President, right? And when the case gets thrown out on its ass, there's a precedent in place to override the SCOTUS ruling that got us in this situation in the first place...

      Only danger I see here is the suit actually succeeding...
      --
      --Fesh
      Kill -9 'em all, let root@localhost sort 'em out.
    8. Re:Penalties? by Anonymous Coward · · Score: 0

      Forget holding corporations liable - hold the individuals liable. The legal precedence is based on prosecuting individual soldiers for war crimes.

      On the otherhand, the legal system won't go for it - just like the American Congress exempts themselves from Social Security (they have their own fund that they don't raid) and handicap access law. The good-old boy legal system won't go for this because it would open the door against them.

      (Side note - My Global Warming theory is that it is caused by an increase in lawyers and politicians. I think I can show a correlation.)

      If I was the judge and some exec pulled juvenille crap like this, I'd order a public bare butt caning. (A face painted on his butt - where his head really is - before the caning would make a nice touch.) If you want to act like a kid, I'll treat you like one.

    9. Re:Penalties? by Malcontent · · Score: 1

      Better yet claim that a corporation has second amendment rights and start buying up tanks.

      --

      War is necrophilia.

    10. Re:Penalties? by ScrewMaster · · Score: 1

      Of course, but the level of corporate accountability in our society varies inversely with the size of the corporation. A very large sum (on the order of billions) would be required to really penalize Microsoft, and it is very rare to see judgements of that magnitude. A more effective remedy was ordered by Judge Jackson (a breakup order) but it was reversed on appeal.

      And the corporate umbrella statutes largely protect the individuals involved from punishment for corporate misdeeds, which is why you won't see Bill Gates, Ken Lay or Bernie Ebbers in the slammer anytime soon..

      --
      The higher the technology, the sharper that two-edged sword.
    11. Re:Penalties? by ScrewMaster · · Score: 1

      Well, actually that isn't the problem. The problem is that corporations which no longer serve the public interest should simply be disbanded and their assets sold to the highest bidder. That is, as I understand it, the condition under which modern corporations were suffered to exist by the Federal Government. Such organizations were permitted to exist and to have legal standing only so long as they served the public trust: should they fail to do so the government reserved the right to remove their charter and disband them. Many, if not most, corporations do fulfill their obligations under the law, but there are those that are so dangerous and unrepentant that the only real solution is to break them up into tiny little pieces.

      --
      The higher the technology, the sharper that two-edged sword.
    12. Re:Penalties? by Grishnakh · · Score: 1

      I'd order the caning, then I'd order him sent to share a cell with Bubba for a while.

    13. Re:Penalties? by ChaoticLimbs · · Score: 1

      Since when is this practice referred to as a Golden Parachute? I was under the impression that a 'Golden Parachute' was a clause in an employment contract that allows an exec to collect pay even if he's fired.
      I believe what you are referring to is called stock manipulation and is illegal and can lead to major prison time if done intentionally through fraud. Anyone?
      IANAL YMMV

    14. Re:Penalties? by evilviper · · Score: 1
      Why the fuck is it that we don't hold Big Faceless Corporations to the same standards of culpability as we hold individuals?

      Because King George Bush II is in office...

      You know, the guy that made the Microsoft trial just go away. The guy that listed dozens of things Iraq was doing to try and destroy the rest of the world (all of which were struck down as blatantly false, long before the US invaided)... And the same guy that just recently said that pollution isn't really bad, and loosened the regulations. You remember him?
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    15. Re:Penalties? by Anonymous Coward · · Score: 0

      > Am I the only one who thinks there should be real penalties for this kind of behavior?

      Penalties are enforced by law enforcement officials; law enforcement officials are paid by politicians; politicians campaigns -both parties- were funded also by Microsoft.
      Period.

    16. Re:Penalties? by RealUlli · · Score: 1
      Surely this doesn't rise to the level of a felony or anything do you think?

      It's contempt of court. Period. Someone does that, he should have to face the consequences, regardless of the fact if it is a murder trial or a copyright or patent case.

      At least, he should.

      Regards, Ulli

      --
      Simple things should be simple, complex things should be possible.
    17. Re:Penalties? by Badanov · · Score: 1
      The biggest problem with the US is that corporations are given the same rights and treated as regular citizens without having the burdens or responsibility of that designation placed on them.

      Only socialist sentiment like this would get modded up to +5 Insightful.

      Corporations worldwide have the same respnsibilities worldwide, to their management and to their stockholders as well as to their customers. OUR U.S. system ensures the corporations get the same standing and rights as individuals.

      Do yourself a favor and chuck this leftwing lie about corporations. It is in fact markets and business which make the world what it is today: a better place

      --
      Dawn of the Dead
    18. Re:Penalties? by RickHunter · · Score: 1

      The really amusing (or sad) thing is that, if I did that, I'd wind up in federal prison faster than you can say "due process". Then Microsoft or a record company does the same thing and gets applauded for being a good American citizen, and then handed several billion in payoffs and "contracts" from the government.

      Remember, kids. If you break the law, you're a filthy godless commie terrorist. If a company breaks the law, its shrewd business.

  22. Wasn't M$ Forced to archive mails? by loony · · Score: 4, Informative

    Subject says it all... I was under the impression that Microsoft was forced to keep all emails they sent or received... That was part of an old settlement M$ had with the US government...
    *scratchs head* maybe I'm getting senile...

    1. Re:Wasn't M$ Forced to archive mails? by Anonymous Coward · · Score: 0

      Hey, you missed a dollar sign when you spelled Microsoft.

    2. Re:Wasn't M$ Forced to archive mails? by Keeper · · Score: 1

      It wasn't part of any Microsoft settlement. In fact it is company policy not to retain email for more than 30 days (while I assume people will think it is for devious reasons, I suspect it is more because of storage requirements...).

      You might be thinking of NASD requirements for financial institutions to keep records of email (and now IM) conversations.

    3. Re:Wasn't M$ Forced to archive mails? by Sivaram_Velauthapill · · Score: 1

      Internal e-mail is neither "sent" nor "received"... it just... hmm... dissapears when "unwanted"... Company policy of every major corporation since you were born ;)

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
  23. 35 WEEKS? by ellem · · Score: 5, Insightful

    OK 35 minutes, who'd even know?

    35 hours, What? Frigging Veritas... Damnit Bill get them on the phone!

    35 Days, OH THAT IS IT! I want the back up guy fired... jeez fellas we're really sorry

    35 WEEKS? Yes your honor we were trying to pull one over on you....

    --
    This .sig is fake but accurate.
    1. Re:35 WEEKS? by dazed-n-confused · · Score: 1

      OK 35 minutes, who'd even know?

      So you never heard of the 18 minute gap? :-)

    2. Re:35 WEEKS? by ellem · · Score: 2, Insightful

      yeah -- but in email?

      --
      This .sig is fake but accurate.
    3. Re:35 WEEKS? by Anonymous Coward · · Score: 0

      The emails were quite probably filtered (no use in giving out _every_ email sent by any employee during this time period). Anything that had legal cc:ed will have been filtered out because it was considered priviledged communication. Now, if we're talking about the period when this deal was discussed, very possibly any email relating the deal had legal cc:ed - because the company doesn't have much of a product, it's more a patents issue.

  24. SCO icon by Anonymous Coward · · Score: 0

    Just wondering - when is SCO going to get an icon like Microsoft (Billgatus of Borg)? And what will it look like?

    1. Re:SCO icon by Anonymous Coward · · Score: 0

      I'd suggest a gun aiming a foot or Darl McBitch with a funnel on his head.

    2. Re:SCO icon by istewart · · Score: 1

      Darl McBride as a Ferengi.

    3. Re:SCO icon by heironymouscoward · · Score: 1

      There is only one possible icon for SCO and it's so disgusting that I can only mention its name, not link to it: goatse.cs.

      --
      Ceci n'est pas une signature
    4. Re:SCO icon by Anonymous Coward · · Score: 0

      What's wrong with the existing icon of an enormous mickey-mouse ear almost eclipsing an entire world, representing intellectual property claims running out of control? More imaginative than most subject icons, I like it.

  25. Software Patents vs Microsoft by levram2 · · Score: 5, Funny

    I forget, is it odd days or even days that software patents are worse than Microsoft on Slashdot?

    1. Re:Software Patents vs Microsoft by Anonymous Coward · · Score: 0

      Microsoft is always worse. That scummy, criminal company can do more damage to the computer industry than patents can.

    2. Re:Software Patents vs Microsoft by Ogerman · · Score: 3, Insightful

      Microsoft is always worse. That scummy, criminal company can do more damage to the computer industry than patents can.

      Wrong. Software patents take away fundamental personal freedoms and are inherently unjust no matter what company holds them. Microsoft is just an unethical monopolist that will pass into obsolescence as technology and the Open Source movement evolves. In other words, the market will see to it that Microsoft gets what's coming to them, but software patents threaten to slow this from happening.

    3. Re:Software Patents vs Microsoft by nathanh · · Score: 1
      I forget, is it odd days or even days that software patents are worse than Microsoft on Slashdot?

      Patents are always worse. I don't like Microsoft products nor their business ethics (or lack thereof) but software patents are plain evil. Nobody, not even Microsoft, should have to defend themselves against software patent lawsuits.

      That said, Microsoft is playing silly buggers here. 35 weeks of email missing which just happens to coincide with the period of negotiations between Burst.com and Microsoft? The judge should slap them stupid for that.

    4. Re:Software Patents vs Microsoft by rawb · · Score: 1

      Well via google smackdown,

      The undisputed champion is...

      1. microsoft (40,200,000)
      2. software patents (101,000)

    5. Re:Software Patents vs Microsoft by Anonymous Coward · · Score: 0

      Nobody, not even Microsoft, should have to defend themselves against software patent lawsuits.

      How about SCO?

  26. I like it! by rixstep · · Score: 5, Interesting

    If you check the related links at that article, you will find another interesting theory by Cringley, who cites any number of cases where MS has ripped off companies, pretending to be interested in buying their technology, but only flirting long enough to steal it. I normally don't like Cringley, but this time he seems spot on.

    1. Re:I like it! by Anonymous Coward · · Score: 0

      Cringely is always full of shit. Don't let up on him. He may be right on this one, but a stopped clock is always right at least twice a day.

    2. Re:I like it! by drinkypoo · · Score: 1

      Microsoft works with companies in one of three ways. Small companies they take advantage of (like this.) Medium companies, they buy or hire everyone interesting away from. Large companies, they use them as long as is convenient, and then ditch them in a heartbeat.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:I like it! by UnknowingFool · · Score: 2, Interesting

      It does seem to be a pattern that MS has had. I seem to remember a case where a peripherals company was suing MS for $1 billion because they had negotiated with MS for about a year for a new mouse design. MS turned down their offers and somehow released a product that looked almost identical to theirs. I don't know what happened to the suit. Maybe MS settled to keep it quiet.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    4. Re:I like it! by red+floyd · · Score: 1

      Go! Computer...

      Read "Startup" by Jerry Kaplan.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    5. Re:I like it! by Anonymous Coward · · Score: 0

      He may be right on this one, but a stopped clock is always right at least twice a day.

      It might not be on the day the clocks change for daylight savings time so it seems to me that your "always" is an exageration. Also, some days it might be transported between time zones, with similar consequences.

  27. Mod parent up by Anonymous Coward · · Score: 0

    If it happens to be true, it would cause quite some problems for MS. May these fuckers burn in Hell, and fantastic if we can help out a little.

  28. Missing info stored on backup tapes? by Snarfangel · · Score: 1

    Next thing you know Bill Gates will be stating "I am not a crook!"

    --
    This tagline is copyrighted material. Please send $10 for an affordable replacement.
  29. Patents since 1450s by Wyatt+Earp · · Score: 5, Informative

    http://www.m-cam.com/~watsonj/usptohistory.html

    The modern concept of the patent was established in England where, in 1449, King Henry VI awarded a patent to John of Utynam for stained glass manufacturing.

    "Beginning in 1552, a series of "letters patents" was issued by the Crown. The monarchy began a trend of issuing patents for its own benefit and for the benefit of officers and friends of the Court.4 Patents were issued on entire industries, not just inventions. For example, the Stationers enjoyed complete control over the publishing industry in England. The balance of power soon shifted towards those whom the monarchy decided to favor. Reform began with reign of Queen Elizabeth I. Francis Bacon commented that the Queen would grant patents for any invention that she deemed useful to the country. In an effort to curb further abuses of power, Parliament, in 1624, passed the English Statute of Monopolies, which outlawed all royally sanctioned monopolies. Realizing the importance of protecting inventors and the economic benefits associated with encouraging innovation, an exception was allowed for patents of "new manufactures." These patents were awarded to the inventor as long as their new devices did not hurt trade or result in price increases. Additionally, a statutory limit of fourteen years was imposed on English patents."

  30. what amazes me most by b17bmbr · · Score: 1, Flamebait

    is the way micrisoft behaves, and yet people and especially businesses continue to basically sell themselves to the bishop of redmond. okay, i can see people, walking into best buy, comp usa, even go to dell.com and by a "pc". many just don't think about an OS. however, i cannot fathom how businesses will continue to so slovenly follow and buy into whatever microsoft puts out. if any other supplier or partner acted even remotely similarly, then nobody would do business with them. i don't get it. i understand schools from personal experience. they throw freebies and such to the schools. for instance, in my master's in ed program, we can get office pro for $20. for mac or windows. and most schoot IT people are not too bright or talented, else they'd have more lucrative employment. but businesses are another deal. why do they follow them still. it can't be because there are no other options. ( i personally think "piracy" had alot to do with it. but that's another thread.)

    <rhetorical question>is managment really that stupid or shortsighted?</rhetorical question>

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    1. Re:what amazes me most by m00by · · Score: 1

      yes, most management is really that stupid and shortsighted... I work for people that think Garnter knows what they're talking about...and doesn't think that they are paid off by whomever they've said are the best this week. though, they are pretty consistent, but still...they will say anything you pay them to say, and these are the people that managers think know things. forget your own IT staff who KNOWS what you need, and how to get it, no, trust some report about something that almost kinda relates in a sorta, kinda way... then again, I also work for state government, so maybe my views are a little skewed =D I think we could solve a lot of our problems by either moving to linux on the desktop, or hell, stick with windows, and put linux or novell on the backend. we have novell, but they want to move to 2000/AD...yeah...enough ranting :)

    2. Re:what amazes me most by AHumbleOpinion · · Score: 1

      is managment really that stupid or shortsighted?

      No, you just don't understand most businesses. Most businesses don't care how MS treats other OS companies (coms) or organizations (orgs), browser coms or orgs, free software coms or orgs, etc. It's simply not relevant to their business. They simply use MS products because it is convenient to do so and the MS products work well enough. You need to realize that what is important to the OSS community is irrelevant to most businesses.

  31. Coincidentally... by Sophrosyne · · Score: 5, Funny
    When the judge learned the Sun vs. Microsoft antitrust case had revealed that MS keeps backups of all emails on over 100,000 tapes stored offsite, he ordered them to come up with the missing messages."

    Coincidentally a large shipment of magnets were just shipped to the address of a S. Ballmer...
  32. I don't believe it-Compete with THIS... by Anonymous Coward · · Score: 3, Funny

    "Wow...Microsoft undertaking anti-competitive behavior and holding evidence from a court of law? I don't believe it."

    You forgot the bodies offshore, wearing the concrete shoes. There's a reason Microsoft's in Seattle.

    1. Re:I don't believe it-Compete with THIS... by frank_adrian314159 · · Score: 1
      You forgot the bodies offshore, wearing the concrete shoes. There's a reason Microsoft's in Seattle.

      That explains why the Army Corp of Engineers needs to dredge in the Sound so often!

      --
      That is all.
  33. Why Emails? by ramzak2k · · Score: 1

    If microsoft at some point was requested by the DOJ to keep track of all their emails, why would anyone in microsoft communicate sensitive information via email ?

    If they havnt done in the past, such communication today probably happens via something like their corporate instant messenger.

    --

    Siggy Say, Siggy Do
    1. Re:Why Emails? by rusty0101 · · Score: 3, Interesting

      Would you be suggesting that the back end for MSN IM does not keep a journal of all messages within the corporate environment?

      Especially when they are attempting to sell just that service to companies in the financial industry who are required by law to keep track of just such information so that they can show that they either have, or have not been communicating insider trading information within the company, or to clients outside of the company?

      Somehow with their legal history they would understand that they are just as culpable for this information as their customers may be.

      Additionally all that it would take to blow their cover is for one disgruntled former employee to come forward and show that the reason he was fired was because too much of what the company found in his IM history had nothing to do with work (except that he was hitting on a woman who works at the company, and that the evidence of such was from the server, and not his or her PC.

      Then again I could be wrong.

      -Rusty

      --
      You never know...
  34. Clippy. by zCyl · · Score: 5, Funny

    Maybe they should have used a computer.

    Clippy: "It looks like you're trying to sue us, would you like me to delete all of your files?"

    1. Re:Clippy. by Jim+Nugent · · Score: 1

      Clippy: "It looks like you're trying to sue us, would you like me to delete all of your files?"

      "Backup CD-ROMs?! Oh my gosh! No! Don't run Office Setup! Clippy will..."

  35. "Hard Drive" by falsification · · Score: 3, Informative

    A good book that alleges that Microsoft does many of the same practices that are alleged by Cringley is "Hard Drive." (at Amazon).

  36. Wouldn't that be.... by JeffTL · · Score: 1

    Burst vs. Microsoft? Microsoft is the defendant, not the plaintiff.

  37. Missing info stored on backup tapes?-BG's waterloo by Anonymous Coward · · Score: 0

    "Next thing you know Bill Gates will be stating "I am not a crook!""

    Jargon file: Tricky Dick : see Bill Gates.

  38. Not worth keeping? by FearUncertaintyDoubt · · Score: 5, Interesting
    So microsoft says that they deleted e-mails because the technology was unimpressive and the e-mails not worth keeping? I think that it would be hard for that to hold water when there probably is thousands of e-mails from the same 35-week time period that are far more mundane and much less worth keeping:

    It's Anne Grabowski's birthday! Ice cream cake in Bldg 4-R break room!

    Last chance to sign up for this year's Secret Santa/Hidden Hannukah Harry! RSVP with Roger McGillicuddy before December 12th.

    Just wanted everyone to know that Bill and Valerie Trammel had a beautiful 8lb, 7oz baby girl at 8:30 last night at Cyprus Creek Memorial Hospital. So let's all welcome little Hortence into the world! Yay!

    And so on...

    "Yes, your honor, we felt that those e-mails were important enough not to erase from Microsoft's permanent record, but the ones relating to the negotiations for which we were under a legally-binding non-disclosure agreement were just, so, pointless, you know?"

    1. Re:Not worth keeping? by redhat421 · · Score: 1
      I think that it would be hard for that to hold water when there probably is thousands of e-mails from the same 35-week time period that are far more mundane and much less worth keeping:

      You forgot:

      Best price Viagra online - overnight

      Doctor Aproved penis enlargemnent pills

      etc, etc :)

  39. Re:Cringely Math by randyest · · Score: 1

    I thought so too, then I realized that the period of time in which MS discussed the issue is not specified. If it's 30 weeks, it all adds up fine.

    --
    everything in moderation
  40. Re:Cringely Math by KoolDude · · Score: 1


    Ok, I get it now. Grace me with a (-1, Silly) mod, please!

    --
    getSexySig(); /* returns sexy signature */
  41. Re:Cringely Math by Anonymous Coward · · Score: 0

    No, it means that those seven meetings took place over the course of eight or nine months, which really isn't all that unusual for business negotiations.

  42. Re:In other news from the future - worms. by The+Ancients · · Score: 1

    I'd go with the worms theory - everyone knows Microsoft products are full holes, so why not the back up tapes their emails are kept on? The fact that they're two totally different concepts is irrevelant, as this IS Microsoft...

  43. Re:Cringely Math by Timesprout · · Score: 3, Informative

    Whats wrong with his math? The messagesceases one week before negotiations began, the seven meetings were over a 30 week period and the messages resume 4 weeks later.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
  44. Re:Missing info stored on backup tapes?-BG's water by Snarfangel · · Score: 1

    >Jargon file: Tricky Dick : see Bill Gates.

    I was thinking about an awful pun relating Tricky Dick, Bill Gates, MicroSoft, hard disks, and a 3.5" floppy, but good taste prevailed ;-)

    --
    This tagline is copyrighted material. Please send $10 for an affordable replacement.
  45. Re:Cringely Math by KoolDude · · Score: 1


    As a longtime Microsoft watcher, I have to jump in at this point and wonder why, if the technology was of no interest, Microsoft took seven meetings over two years to decide this?

    So, the seven meetings occured in a period of 2 years. Actually, Cringely is right. It's 5 weeks per meeting and it all adds up to 35 weeks.

    --
    getSexySig(); /* returns sexy signature */
  46. deleted email? by b17bmbr · · Score: 0

    damn echange servers.

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
  47. Notation correction by edp · · Score: 2, Informative
    "Burst.com is suing Microsoft..."

    That would be Burst.com vs. Microsoft, not, as used in Slashdot's article title, Microsoft vs. Burst.com.

  48. Just renember who the real enemy is by argoff · · Score: 0, Troll

    The real enemy isn't Microsoft, IMHO they are just taking a worthless belief - "intellectual property" to its logical conclusion. Microsoft is the enemy, not because they are Microsoft, but because they have held themselves accountable to upholding and imposing an unjust and false property right.

  49. microsoft behavior is that same as everyone else by vnv · · Score: 5, Insightful
    Microsoft is acting the same way every business in the USA acts. Small businesses are certainly not held to any greater standard. Having been to court a number of times for small business bankruptcy proceedings, it is very common for a small business to lose hundreds of thousands of dollars in bad loans, employee theft, and via other very suspicious actions or incidents. And then of course, because of a break-in, plumbing leak, or other calamity, it is quite normal for the business to have ZERO records of what happened to the money.

    Even listening to the most amazing stories about what happened to huge amounts of moeny, the Federal bankruptcy agent doesn't even look up. He's heard it all before so many times, it's the same old shit. Everybody lies.

    I don't suppose you read about any Enron executives going to jail recently, did you? Of course not. What Enron did is no different than what every big corporation does. Some are just better than others and if you steal too much at the wrong time, the house of cards can fall down. Executives don't go to jail for stealing. Can you imagine a trial of executives by their peers -- other executives? "Well, Kenny, you should have used my guys to set up your fake accounts. You wouldn't have been found out for another couple years and you could have paid Ashcroft his cut and moved the rest of the money to a good bank in Grand Cayman by then."

    Maybe these standards of culpability that you are referring to only exist in your head? There is certainly not much evidence in the real world of anything that resembles "business morality". Almost every business in the USA is crooked. With a giant overbearing government that has a bloodthirst for taking your money and then returning less than 4 cents on each tax dollar, would a rational being expect anything else? If it's okay for the government to lie, cheat, and steal, why should a small business, big business, investor, or anyone else do different?

    If you unplug from the morality that is taught to worker units so they are obedient and efficient, you'll be in for a major wake-up call. Your job is to work and pay your taxes, that is all. And good workers are moral workers. Keeps costs down and profits up. All around you, the country is being looted. The workers are going to wake up one day and realize they are fucked because they've been robbed blind while they've had their faces glued to their television sets, absorbing the latest disinformation from the media and the government.

  50. Anybody Remember ? by boogahboogah · · Score: 1

    All of the other companies than signed a 'non-disclosure' agreement with M$ and then had their technology stolen ?

    IIRC, most of the lawsuits ended up being sealed so the results couldn't be used against M$ in the future. You know, 'We'll give you 10 million only if you never tell anybody how we screwed you'.

    It would be interesting to see how long the list is...

  51. I called it by Anonymous Coward · · Score: 0

    I remember reading a press release concerning Burst and Microsoft cooperating in the development of A/V technologies for the web. At the time I said to myself, "what fools". Once again, someone trusts MS and gets burned. People are morons.

  52. Legitimacy of this evidence.. by ozric99 · · Score: 4, Insightful
    Without meaning to write some paranoid flamebait here, what's to stop Microsoft, or any other company told to produce electronic evidence, simply handing over false information.

    In this case, they've pruned 37 weeks of related emails from their employees' computers and their mail servers, so what's to stop them doctoring the emails recovered from backups?
    I guess there would be a possible problem if an employee had printouts or had forwarded certain emails to another address for whatever reason. Then again, what motivation would that employee have for exposing the cover up?

    I don't know how things work in the USA corp envioronment, but would something along the lines of monthly backups duplicated, sealed, and dated, only to be opened in the event of litigation, help in these cases at all? This would both protect the legitimate accuser and the wrongly accused... or perhaps it's not that big a deal, and tampering isn't a logistically attractive proposition.

    Now where's my tin-foil hat.

    1. Re:Legitimacy of this evidence.. by Anonymous Coward · · Score: 1, Informative

      Tampering with evidence has its own penalties. In this case, if several employees had copies then each must fear that one might decide to turn over the actual evidence. The employees who doctored evidence would personally be in trouble.

    2. Re:Legitimacy of this evidence.. by MoneyT · · Score: 1

      That is one of the problems of the information age is the fluidity of data. Perhaps it should be a requirement that any and all emails relating to business matters must be stored off site by another company (not affiliated with the company storing the backups) or the government?

      --
      T Money
      World Domination with a plastic spoon since 1984
    3. Re:Legitimacy of this evidence.. by ozric99 · · Score: 1
      That is one of the problems of the information age is the fluidity of data. Perhaps it should be a requirement that any and all emails relating to business matters must be stored off site by another company (not affiliated with the company storing the backups) or the government?

      That's the thing, though, isn't it. Who watches the watchers?

    4. Re:Legitimacy of this evidence.. by Anonymous Coward · · Score: 1, Informative

      Isn't there a case against Rambus in which it was found to be destroying evidence and the punishment was now that they had to prove their innocence? (as opposed to "innocent until proven guilty") Apparently, the judge could have declared that Rambus forfeited the case by that action. A judge could do the same thing to Microsoft.

    5. Re:Legitimacy of this evidence.. by Admiral+Burrito · · Score: 1
      In this case, they've pruned 37 weeks of related emails from their employees' computers and their mail servers, so what's to stop them doctoring the emails recovered from backups?

      Or, handing over all but 37 weeks, then while waiting for the judge to say "hand over the rest or else", going through the 37 weeks worth pruning out the incriminating parts.

    6. Re:Legitimacy of this evidence.. by Anonymous Coward · · Score: 2, Interesting
      Without meaning to write some paranoid flamebait here, what's to stop Microsoft, or any other company told to produce electronic evidence, simply handing over false information.

      NOTHING. I worked for a big 3 automaker where falsified data was part of the corporate culture. Falsified data to pass ISO 9000 audits, wierd enron-style production accounting, falsified safety records even.
      Senior plant management didn't want to know about it. They were well aware it was happening though. This made internal whistleblowing a joke.
      Going to the authorities was out, I discussed the situation with a police officer I knew and he couldn't think of any law they had broken. I fantasized about going to the press but that would have involved me taking company property past a security checkpoint and running the risk of being called a thief. Also burning my bridges on the way. So I just quit. I imagine there are alot of people like me in the corporate world.
      Knowing what I know now, I probably would have went to the SEC. This was a few years ago though, well before Enron.
    7. Re:Legitimacy of this evidence.. by evilviper · · Score: 1
      what's to stop Microsoft, or any other company told to produce electronic evidence, simply handing over false information.

      Because, if they lose this case, they just have to pay some bucks. If they forge documents (be them electronic or on paper) they get SERIOUS jail-time to anyone who was involved, ordered it done, or even knew about it.

      Then again, what motivation would that employee have for exposing the cover up?

      The same motivation every whistle-blower had.

      but would something along the lines of monthly backups duplicated, sealed, and dated, only to be opened in the event of litigation, help in these cases at all?

      That's like sealing and dating your schedule, in case of a criminal legal matter. Namely, the only thing that would go on there would be what they wanted to put on there.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    8. Re:Legitimacy of this evidence.. by ChaoticLimbs · · Score: 1

      Uh, I would suspect that Burst should provide the missing 35 weeks of data and if it's truly missing, Microsoft can just accept the data as-is. They could provide their version but if the two records don't match, it would be simple to argue in court that the party who has not claimed data loss has the accurate record.

    9. Re:Legitimacy of this evidence.. by azzy · · Score: 1

      Internal MS e-mails! Why would Burst have them?

    10. Re:Legitimacy of this evidence.. by more · · Score: 1
      Then again, what motivation would that employee have for exposing the cover up?

      There is that strange thing somewhere in Europe called honesty. Not everyone wants or dares to become a part of a conspiracy, even one machined by one's emploeyer - even considering the good causes of Microsoft.

      --

      -- Imperial units must die --

    11. Re:Legitimacy of this evidence.. by danila · · Score: 1

      Very simple. Encrypt and sign.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    12. Re:Legitimacy of this evidence.. by Anonymous Coward · · Score: 0

      Without meaning to write some paranoid flamebait here, what's to stop Microsoft, or any other company told to produce electronic evidence, simply handing over false information.

      I don't know, maybe Arthur Anderson's say something about it on their web site.

    13. Re:Legitimacy of this evidence.. by bar-agent · · Score: 1

      Huh. "Honesty"? That is weird. I wonder if it could take off over here?

      --
      i'd hit it so hard, if you pulled me out you'd be the king of britain [bash.org]
  53. Running total of MS damages? by jamesmrankinjr · · Score: 4, Interesting

    Let's see, $1B or so to AOL for damages to Netscape. About .5B for another recent patent suit. There was a CA consumer class action they tried to settle by "donating" software to schools.

    They seem to be on a real losing streak, legally. What am I missing? What's the total for legal damages in court cases to date?

    But with $50B in the bank, losing law suits seems just a minor cost of doing business.

    Best,
    -jimbo

    1. Re:Running total of MS damages? by Malic · · Score: 2, Interesting

      Remember that the EU stands to take $10B of that...

      --
      I swear by MacOS X. Although I use to swear *at* MacOS 9...
  54. Burst and SCO by istewart · · Score: 4, Insightful

    Just wondering... the article says that Burst now only employs two people. I don't know how functional the company still is (their website is up at least), but I would think that like SCO, their primary goal is pursuing this lawsuit. The obvious difference is that Burst seems to have a legitimate claim. After they (hopefully) win the MS case, I would hope that the two people working at Burst would continue to develop their business and their technology, rather than just sitting back on a fat cash settlement or award.

    1. Re:Burst and SCO by gwernol · · Score: 2, Interesting

      Just wondering... the article says that Burst now only employs two people. I don't know how functional the company still is (their website is up at least), but I would think that like SCO, their primary goal is pursuing this lawsuit. The obvious difference is that Burst seems to have a legitimate claim. After they (hopefully) win the MS case, I would hope that the two people working at Burst would continue to develop their business and their technology, rather than just sitting back on a fat cash settlement or award.

      I had a friend who worked for Burst in the last year or so of their existence. They fired everyone about IIRC 18 months ago. Two people stayed behind to try to "extract value" from their IP claims. In some ways this is not so dissimilar to SCO.

      What I will say is that their technology claims seemed dubious. At the time I worked for a large supplier of streaming media software so I had some interest in their technology. Their central claim was for a buffering caching technique for streaming video that frankly was well known in the community long before Burst came along. It just wasn't novel. I would have thought Microsoft could have found plenty of prior art to fight this claim.

      --
      Sailing over the event horizon
    2. Re:Burst and SCO by dodell · · Score: 1

      That "large supplier of streaming media software" didn't happen to be Microsoft, did it? ;)

      --Devon

    3. Re:Burst and SCO by forkboy · · Score: 1

      Yeah, but isn't Microsoft the one that is trying to lay claim to the technology? These guys are just saying "we did it before microsoft and we didn't even invent it ourselves, therefore microsoft cannot possible patent this"

      --
      This message brought to you by the Council of People Who Are Sick of Seeing More People.
  55. But your honor... by NewtonsLaw · · Score: 1

    But your honor, a worm ate my homework... honest!

  56. Sounds like the Stac case by Anonymous Coward · · Score: 2, Interesting

    And this just a few months after MS bought a licence from SCO and trumpeted how commited they were to respecting IP through licencing.

  57. MOD THIS FUCKER UP +99 by Anonymous Coward · · Score: 0

    Right there is the main thing wrong with the USA. How a fictitious entity can have the same legal rights as a living person is beyond me.

  58. About the Ferengis by FrankoBoy · · Score: 1

    First seen on Stardate 41386.4 in the TNG episode "The Last Outpost", the Ferengi have proven themselves to be capitalists who can be counted on appearing wherever there is even a hint of profit. They are considered a neutral race, with no affiliation to any other political power in the Galaxy. Known for their shiftiness and marked materialism, the Ferengi's disrepute preceedes them, so the discovery of the Gamma Quadrant is seen as an unprecedented opportunity to exploit naive new worlds for profit.
    Source : http://www.geocities.com/Area51/Nebula/4156/infirm ary/xeno/ferengi.html

    It seems quite fit indeed ! McBride even looks like one in some details of his face...
    Go for it Malda, make our day.

  59. Apparently Microsoft has not learned.... by whoever57 · · Score: 1

    to not have a backup of emails.

    I once worked for a comany that was in the midst of a lawsuit. It was company policy that emails were not archived. It made presenting information for discovery so much easier.

    --
    The real "Libtards" are the Libertarians!
  60. mod parent funny! by Anonymous Coward · · Score: 0

    haha, that'd be good!

  61. But never too soon by Anonymous Coward · · Score: 0

    Never too soon to fight and change US Patent Law to one that makes sense, like for example, nullify all past software and business method patents, or at least, never grant new ones.

  62. bogus patents remain bogus patents by penguin7of9 · · Score: 4, Interesting
    even when they are asserted against an unpleasant character like Microsoft. Here is burst.com's own description of their technology (from here):

    The Faster-Than-Real-Time(TM) process delivers video in large advance bursts, saving it in a configurable local buffer, isolating the viewing experience from network noise and freeing up bandwidth to serve more users. burst.com has a comprehensive intellectual property portfolio including 9 U.S. patents and 34 international patents covering bursting, video delivery scheduling, rapid casting, multi-casting, video-on-demand, a range of set-top box applications, as well as many others.


    1. Re:bogus patents remain bogus patents by Anonymous Coward · · Score: 0

      So what? Did you have a point? You've only told us you don't know what a patent is or how to read one.

    2. Re:bogus patents remain bogus patents by Anonymous Coward · · Score: 0

      SOOOO let me see if I got this straight. They patented the idea of downloading the file storing it in memory. Then before the whole thing was downloaded start playing it.

      Thats patentable?! There is only a bit of prior art on that one. Just about EVERY form of communication could have been said to do that. I could say a teletype did it. It would show what it could until it had downloaded the rest of the text. Hell web browsers did it back in 92... If i remember correctly some bbs software did it back in 90. Probably even before that...

      When are these 'key 8' from? Where are they? What are the numbers?

      Am I the only one here that thinks that this compaines only busness strategy was to get bought out by a bigger compnay? MS did what I would have done. I would have waited em out and sat on it till they ran out of money. Went and took a look at their web page from archive.org. Not exactly stunning stuff there....

      Their 'product' was not exactly keeping them afloat! Now their strategy is to get tons of dosh from MS. We are chearing this on? This is exactly the sort of thing that makes this industry SUCK. Even IF it is against microsoft.

      Now if MS activly went out and stole it from them. OK they owe em some money. But I would be willing to bet this 'company' has already blown through several hundred million without even blinking. This company is swirling the bowl. Someone please pull the handle.

    3. Re:bogus patents remain bogus patents by bbc22405 · · Score: 1
      While I agree with your distaste for obvious patents of such rather ostensibly obvious techniques, the problems is that Microsoft seems to have done the completely wrong thing.

      They should have used their army of lawyers and their enormous piles of money to attack the patents. Or used their enormous piles of money to purchase enough senators to get patent law or policy changed.

      Instead, look where they are now...

  63. that needle in the hay by thegoldenear · · Score: 2, Funny

    "So the judge ordered Microsoft to produce the missing messages. The employee PCs, the servers, and the off-site backup tapes have to be searched and soon. The Microsoft lawyers complained that would be like finding a needle in a haystack. The judge reminded them that it was they who had put that needle in the hay."

    1. Re:that needle in the hay by evilviper · · Score: 2, Funny

      Interesting strategy...

      Post the entire article, in bits annd pieces, across several posts.

      Get moderated up by everyone that didn't read the article.

      Rinse, Repeat.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:that needle in the hay by thegoldenear · · Score: 1

      I don't know what you're on about. that was my only post on that article. I thought the judge's retort was particularly hilarious, so I pasted it for others to enjoy.
      I think it far likely that YOU are the one posting for karma without anything to actually say

    3. Re:that needle in the hay by evilviper · · Score: 1
      I thought the judge's retort was particularly hilarious, so I pasted it for others to enjoy.

      It's already in the article, "for others to enjoy."

      I think it far likely that YOU are the one posting for karma without anything to actually say

      I've been maxed-out for karma for years now.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  64. Somebody needs to write a book by bersl2 · · Score: 2, Informative
    What this guy is writing about is making me think. Perhaps we can gain some insight in defeating the M$ monopoly from the past.

    The classic example of the monopoly is Standard Oil. Now, one of the people responsible for bringing light to Rockefeller's monopoly was the muck-raker Ida Tarbell. She had an interest in bringing Rockefeller to justice: her father was an oil worker in Pennsylvania whose company was put out of business by Standard Oil. Through the writing of a series of articles, she informed the reading public about the misdeeds of the Trust. She also followed Rockefeller personally. Eventually, she wrote a book, The History of the Standard Oil Company. (Note: all of this info is what I remember of some movie about the subject, which I watched in February.)

    Back to the present day. How can we (non-trivially) compare $O to M$?
    1. Why did each man seek his money so desperately as to "cheat?" Historians have noted that Rockefeller was deeply religious. He felt that he was on a mission from God to make money, in order to then give it back to the needy. Although the Bill and Melinda Gates Foudation gives some of his money away, I think it's for tax reasons that he does this. Remember, Rockefeller made his money before income tax (by about ten years).
    2. How can we make the M$ monopoly outrageous to the regular public? Everybody back then knew the importance of kerosene, the most important oil product then; also, Rockefeller's anti-competitive actions put many people out of business, making them angry. As I mentioned before, this is why Tarbell wrote her articles. Now, who can we turn to that would be like her? An unopinionated news agency like AP or Reuters cannot work; what we need are people like Cringley here, who will explain the evils of monopoly. Discussions about how monopoly causes software homogeny causes vulnerability, stagnation, and high prices (well, maybe they do understand that...) do not affect Joe User; blatently anti-competitve actions like this can.

    Does anybody else agree? Or am I just full of shit? Or both?
    1. Re:Somebody needs to write a book by Anonymous Coward · · Score: 0

      The wheels are already turning - most people don't trust Microsoft already, at least in the technology industry.

    2. Re:Somebody needs to write a book by NeuroManson · · Score: 1

      Don't forget that Microsoft is located in Washington, a state that has no state income tax.

      Maybe we should start taxing the rich? With Cheney and Bush in power, handing out contracts to "Companies they were once affiliated with but are no longer profiting from" (insert MIB droning agent voice here)? Ain't gonna happen.

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
  65. Here's some prior art to pre-date that :) by marko123 · · Score: 4, Informative

    "Filippo Brunelleschi, the architect of Florence's remarkable
    cathedral, won the world's first patent for a technical
    invention in 1421. Brunelleschi was a classic man of the
    Renaissance: tough-minded, multi-talented and thoroughly
    self-confident. He claimed he had invented a new means of
    conveying goods up the Arno River (he was intentionally vague
    on details), which he refused to develop unless the state kept
    others from copying his design. Florence complied, and
    Brunelleschi walked away with the right to exclude all new
    means of transport on the Arno for three years.

    That Florence acceded to Brunelleschi's demands is hardly
    surprising. The Italian Renaissance city-states, locked in a
    struggle for wealth and power, habitually gave monopolies to
    those who would build a needed bridge or mill, or who introduced
    some useful craft or industry. They would issue "letter patents"
    public declarations that openly (patently) announced the
    privilege. What distinguished Brunelleschi's bargain was
    invention - he was awarded the exclusive use of his own creation.

    (more on Brunelleschi can be found in "Brunelleschi's Patent", Journal of
    the Patent Office Society 28 (1946), page 109.

    (credit to Greg Aharonian, who used to run a patent industry newsletter mailing list)

    DISCLAIMER: I work at a Patent Attorneys firm, but IANAPA.

    --
    http://pcblues.com - Digits and Wood
  66. Essay by John Walker by CmdrPorno · · Score: 1

    Cringely mentions "John Walker's essay 'The Last Days of Autodesk.'" This sounds like a good read, but Google wouldn't cough it up. Anyone know where to find this essay?

    --
    Sent from my iPhone
    1. Re:Essay by John Walker by theoa · · Score: 2, Insightful

      Have a look at:

      http://www.fourmilab.ch/autofile/www/chapter2_86 .h tml

      btw, this is my first post after *years* of lurking...

    2. Re:Essay by John Walker by Anonymous Coward · · Score: 0

      Bravo! Welcome to the party known as...

      Slashdot!!!

      I am reduced to posting as an Anonymous Coward because I forgot my password and no longer control the E-mail account I registered with :-(

      I had a low numbered account ... once

  67. for large values of n... by MegaFur · · Score: 1, Insightful
    Well, I don't think it's very beneficial for Microsoft in the long run to do this; to get nailed and pay

    How long of a run are you thinking of? Check this out. MS is currently worth about $50 BILLION. $50 BILLION - $5 billion is $45 billion. $5 billion / $50 million is 500.

    So... a mere five hundred settlements later, MS will only be worth $45 billion instead of the $50 billion they're worth now. Except that, by then they'll probably have made enough money back to more than counteract the loss.

    Yes, it is true that it does damamge a company's reptuation to have to dole out money through all these settlements. But the saving face action you're talking about is very important for a company. I imagine that many of the people that have stock in MS will want to turn a blind eye to MS criticism as long as they possibly can. If MS ever had to admit to serious wrongdoing, the company's stock would be hurt badly. Their value might even shrink an order of magnitude or half an order. Ouchie for Bill, Steve and all the rest.

    IMHO, MS will try to prevent that for as long as they possibly can.

    --
    Furry cows moo and decompress.
    1. Re:for large values of n... by The+Mayor · · Score: 4, Informative

      Wow. Lots of errors. First off, MS isn't worth $50B, they have $50B in cash and liquid assets. They are worth far more than that (at least as far as stock market valuations go). As of this weekend, MS has a stock market valuation of $285,646.9 million (said holding pinkie to mouth). For those of you that have problems with decimal math, that's about $285 billion.

      At $50M per settlement, 100 settlements leads to $5B. $50B - $5B = $45B. So, 100 settlements will lead to a reduction in total cash and equivalent assets of $5B / $285B of net worth (or less than 1/50 of their net worth). Of course, empirical evidence shows that market capitalizations have less to do with total assets and more to do with total discounted expected future earnings. So losing $5B in cash would reduce their stock market valuation by more than $5B.

      It's all pretty bad for Microsoft, but not the end of the world for them. But the math quoted in this post (and most of its children posts) are pretty horrible.

      --
      --Be human.
    2. Re:for large values of n... by MegaFur · · Score: 1

      Yes, thank you, I suck. If I could change the post, I'd do that. But slashdot doesn't let me do that. Oh well.

      --
      Furry cows moo and decompress.
  68. re:Digital Research, Stacker, Intuit... by EdlinUser · · Score: 3, Interesting

    Spyglass

  69. Is it me, or? by kernelistic · · Score: 1

    It just doesn't make sense for a company like Microsoft, which is part of the BSA to go ahead and steal another company's intellectual property.

    How can these people claim recourse against software pirates when they, themselves are pirating other people's ideas, software and concepts?

    1. Re:Is it me, or? by Detritus · · Score: 1
      How can these people claim recourse against software pirates when they, themselves are pirating other people's ideas, software and concepts?

      It's easy. People do it all the time. When I do it, I'm a hard charging competitive businessman. When you do it, you're a dirty thief. Now read this anti-drug pamphlet while I go to the store for a bottle of gin and a pack of cigarettes.

      --
      Mea navis aericumbens anguillis abundat
  70. for people with no math skills... by MegaFur · · Score: 1

    like myself. argh. It would be nice if slashdot allowed people to edit their posts after they've been posted. Then I could hide my math error.

    $50 billion / $50 million is only 100. So MS would have to start worrying sooner.

    --
    Furry cows moo and decompress.
    1. Re:for people with no math skills... by Mesaeus · · Score: 1

      $50 billion/$50 million is a 1000. I presume you meant $5 billion/50$ million ? I always find it amusing when I see a correction with errors in it :D

    2. Re:for people with no math skills... by bytesmythe · · Score: 1
      Then I could hide my math error.

      You'd have to hide 2 math errors...

      $50 billion / $50 million is only 100. So MS would have to start worrying sooner.

      50 billion / 50 million = 1000. ;) Now 5 billion / 50 million, on the other hand, does equal 100.

      --
      bytesmythe
      Hypocrisy is the resin that holds the plywood of society together.
      -- Scott Meyer
    3. Re:for people with no math skills... by MegaFur · · Score: 1

      Damn it's just not my night. Ah well, at least it's not like I had Windows crash while demoing it at Comdex or something. (.mov player required to view--read text if desired.)

      --
      Furry cows moo and decompress.
  71. something to remember by nudicle · · Score: 1

    Ok guys, I'm not a big fan of MS either and I'm also against software patents but remember this: one of the reasons we're against software patents is their obviousness or, at least, the ineluctable conclusion that "this" or "something like this" would be a good way to write this code to make it better. While I think knowingly excising email info from the record should be met with large court imposed sanctions, it's also possible that the patent infringement Burst claims is related to aforementioned issues w/ software patents -- the fact that it's obvious how to make it better and compentent ("one of ordinary skill in the art") programmers ar MS saw that. -nude

  72. Mendacio in unum, mendacio in omnibus by jcr · · Score: 1

    ..Judge Jackson said it.

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  73. Rules of Acquisition by Mr_Cheeky · · Score: 4, Funny

    It all makes perfect sense if you consider some Ferengi Rules of Acquisition. Consider the following: #3: Never spend more for an acquisition than you have to. #16: A deal is a deal ...until a better one comes along. #52: Never ask when you can take. #60. Keep your lies consistent. #181: Not even dishonesty can tarnish the shine of profit. #189: Let others keep their reputation. You keep their money. #242: More is good...all is better.

  74. Wow by Anonymous Coward · · Score: 0
    what amazes me most (Score:2, Flamebait)

    That's the first 2, Flamebait I've ever seen!

  75. They're internal MS communications by burgburgburg · · Score: 4, Insightful
    The whole point is that the emails in question were internal MS communications discussing

    a) how impressed they were with the technology
    b) how helpful the NDA documents were from Burst
    c) how easy it would be to integrate the technology into MS products as soon as Burst was dead
    d) how stringing them along and not signing a deal would lead to the necessary death.

  76. Re:hitech -- Times 'a changing! by Anonymous Coward · · Score: 0

    Those days will be soon over. DOJ and others are demanding the the electronic copies be handed over to the courts.

    Although, It could be well over a year before MS turns over all 35 weeks of e-mails, restoring e-mail from commvault isn't as easy has it sounds.

  77. Are Burst trying to have to both ways. by hashish · · Score: 2, Interesting

    1 claiming patent infringments
    2 claiming MS stole secrets under a NDA.

    If this is the same technology they can't win on both.

  78. Well, if their using NT Backup...... by mike300zx · · Score: 1

    It really wouldn't surprise me if they lost data. What a load of poop that program is. Makes you wonder what backup software that they actually use.

  79. If that were true ... by burgburgburg · · Score: 1
    then they wouldn't have had 2 years worth of emails related to their discussions with Burst (minus the vital 35 week gap).

  80. Blame Exchange! by Anonymous Coward · · Score: 0

    Exchange server + exchange protocal = dropped messages.

    It's not a bug.... it's a feature!

  81. What needs to happen ... by Usagi_yo · · Score: 1

    And may eventually happen some day in some country is M$ patents, IP, and copywrite or some combination therein will be declared null and void.

  82. Enron Executives Still Might Go to Jail by Anonymous Coward · · Score: 0

    Just because a business loses billions doesn't mean the executives did anything wrong. Stupidity isn't illegal, because if it was you would have been in jail a long time ago.

    Financial cases are notoriously hard to prosecute. The legal matters are usually vague and there very rarely is "a smoking gun". Having said that, several Enron executives are under indictment. In spite of what you believe, they still might end up in jail. Of course it'll be a minimum security prison, but then again, jail is jail.

  83. I hereby designate... by Anonymous Coward · · Score: 2, Funny

    Cringley column submitters to be winners of the karma-whore-of-the-week award.

    Especially when they get posted on a slow Saturday. :(

  84. Deja vu-and corporate behavior. by Anonymous Coward · · Score: 0

    "Microsoft is acting the same way every business in the USA acts. "

    We already know this.

  85. Is This a Case for Software Patents? by SilentMajority · · Score: 1, Interesting

    If Burst.com actually has software patents on the technology Microsoft allegedly stole from them, isn't this case an example of how software patents can help the little guy faced with huge companies stealing their inventions?

    Sorry, I didn't read the article so forgive me if this scenario doesn't exactly fit. But I thought it would be worthwhile bringing up given the recent surge in protests against software patents.

    1. Re:Is This a Case for Software Patents? by evilviper · · Score: 2, Interesting

      Microsoft used this technology they aquired under NDA... No patent needed, the NDA should cover everything.

      It's a shame you got moderated up.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:Is This a Case for Software Patents? by Anonymous Coward · · Score: 0

      An NDA is a "non-disclosure agreement" which is different from a "non-compete agreement"--all a typical NDA does is get one party to agree not to disclose secrets revealed by the other party.

      Microsoft obviously wouldn't sign a non-compete regarding streaming technology--would you?

      And for the NDA to be enforceable in court, it would have to describe the secrets in sufficient detail so that the plaintiff can PROVE it was THEIR secrets not independently discovered by Microsoft--which would be pointless since the other party an then read the detailed NDA and decide not to sign it (thanks for sharing!).

      It is a shame the parent got modded up since it is very misleading.

  86. Doesn't suprise me. by Brett+Johnson · · Score: 4, Interesting

    At a company I worked for 8 years ago, Microsoft "evaluated" our product for more than a year, then filed a patent application for the fundamental technology behind it. We didn't even have to sue them. We just demonstrated to the patent office that:

    1) Microsoft was trying to patent technology that we had been shipping for 3 years.

    2) Microsoft had "evaluated" our product for a year before filing for a patent.

    3) We had implemented the technologies straight out of textbooks, giving concrete evidence of prior art. (That's one reason we were not foolish enough to try to patent it ourselves.)

    The patent application was rejected. The most interesting note about the incident was that it all happened within 2 months - amazingly fast.

    1. Re:Doesn't suprise me. by Eythian · · Score: 1

      So...you mean to say..the Patent office rejected a patent? Excuse me, I think I'm lost. Is this Slashdot?

  87. Re:microsoft behavior is that same as everyone els by jfmiller · · Score: 1

    You started out so well there. This was a beautiful rant. It is too bad that the slashdot editor won't let you change the font color because I think that the last paragraph would look great in red.

    Given the above, perhaps you would be kind enough to answer the key questions Marks and Engels didn't. like how to keep the "awakend workers" from becomming as corrupt as there bosses, or what is a "fair" meains of distributing limited recources?

    By the way, would you be so kind as to tell the slashdot readership what it is you do? If we are to follow the lead of history, we might guess that you have more incommon (education, finance, social class) with evil corprate officers then you do with any lower middle class working stiff.

    From the B.R.D.S.,
    JFMILLER

    --
    Strive to make your client happy, not necessarly give them what they ask for
  88. Obsfucate... by Anonymous Coward · · Score: 0

    Forget about security through obsfucation, someone at Microsoft should start obsfucating those emails!

  89. Uhm - guys, read the fine print! by Anonymous Coward · · Score: 1, Insightful

    Ok, so it's very nice to come to the aid of the poor underdog who company which has just been bitten by big bad Microsoft. Cringeley does this nicely by stirring up a lot of mud and coming up with some of his trademark wacky theories.

    While all this is going on, dear /. crowd, please keep in mind that Cringeley is one of the less pleasant examples of an ignorant technological luddite.

    So, there is this company. It has two employees. I wonder how much code these two employees have written and produced over the years.

    And this company has this amazing patent portofolio of nine patents dealing with a technology to "take advantage of the nature of the internet to BURST data to the end user" - instead of fetching the data byte by byte whenever the player wants to play the next frame... right. There is a word for this. Well, actually, there's two words for this.

    One, the legal term, is "blackmail": get a patent for a blindingly obvious solution to something that's not even a technical problem and claim that any unwashed programmer would have automatically chosen a mode of implementation that is so harebrained that it would have resulted in great performance losses.

    Oh, yeah, and the other word: it's "caching". The idea that maybe data should be downloaded as fast as possible and replayed with some buffer time to spare for lags of the slower transmission medium has been around the block a few times. In fact, I remember writing code for the C64 that did this to play sound while loading data from disk.

    Now, instead of going on about what precisely a C64 is - GUYS! Think about which sides you are taking and what you are clamoring for. Burst.com is one of the worse pirates sailing the sea of intellectual capital. Microsoft might be the big evil, but this discussion is as supportive of the ideals of Open Source as the McCarthy trials for Unamerican Behaviour were with respect to supporting democracy and freedom of speech in the US.

    Anyone with a gram of brains should be writing to the judge asking him to dismiss the suit... and award damages to Microsoft ask the harmed party.

    PS: IMHO, no company should be allowed to pursue patent lawsuits unless they are actually selling a product in the space protected by the patents. But that's just me.

    1. Re:Uhm - guys, read the fine print! by Anonymous Coward · · Score: 0

      European small firms are up in arms about some just this. Smaller developers say new software patent laws will put all the power in the hands of the big guys (Goliath, M$, ...) and really hurt small developers (Davey, FSF, OpenSource, you, me, ...)

    2. Re:Uhm - guys, read the fine print! by Maserati · · Score: 4, Informative

      RTFA, Burst barely managed to survive, "shrank to two employees" and then found some lawyers to work on contingency. They had employees, they were developing/marketing products based on their patents. They tried to do a deal with Microsoft and wound up crushed. Now they're suing. Maybe dealing with MS was a bad idea, but it's not supposed to (legally) be suicidal.

      Burst.com is the victim here.

      Software patents would be a seperate discussion. The topic under discussion here is "Microsoft conceals evidence when sued by the remnants of acompany they had tried to destroy".

      You did see the part about 35 weeks worth of evidence withheld from discovery and claimed to have been destroyed ? We'll see this again in a couple of weeks when Microsoft has to show up with the backups that Sun found out they were keeping.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    3. Re:Uhm - guys, read the fine print! by kfg · · Score: 1

      Please come back when you have something the least bit responsive to my post and I'll have a go at it.

      KFG

    4. Re:Uhm - guys, read the fine print! by Anonymous Coward · · Score: 2, Insightful

      I read the article. I went to the site. I looked up company financials on edgar. I conclude: you have no clue.

      This company _alleges_ that Microsoft withheld evidence based on their hand sorting of a subset of email.

      The company _claims_ to have gainfully employed more people than those just two.

      The source for this information is said company.
      Ahem. To spell it out for yo: those two employees own a tremendous number of shares. They have no product. They loose ~ $100000 in salary that they pay to themselves per year. Now, how would you drive up the stockprice in case you were in a similiar situation? Ah - right, sue the big cashbag and then turn on the marketing machine by publicizing this fact the world over. Don't forget to cash out when the stock rallies...

      How many people do you think they needed to create a product that has the "ability to cache data to client disk buffers in Faster-Than-Real-Time(TM). Servers ``burst'' multimedia data across the network into configurable client buffers at a rate faster than the play rate. Client-side players read the data from their local buffers, enjoying images and sound that are insulated from network disruptions."?

    5. Re:Uhm - guys, read the fine print! by DrEvil · · Score: 1

      Keep in mind the source of your information and the interests of the parties involved.

      The technology that burst.com patented is a blindingly obvious application of caching, so I have my doubts as to how much value software they might have written would have generated. I also doubt that the fact that WMP uses caching is sufficient evidence that Microsoft misappropriated technology from burst.com.

    6. Re:Uhm - guys, read the fine print! by Anonymous Coward · · Score: 0

      They are suing because they were yet another victim of MS's date rape tendencies which stretch as far back as the 80's with Micrografx and their mirrors product (also see Sendo).

      Their patents stand up in court because the law recognizes that requiring production in order to maintain enforceability would allow the date rapists of the corporate world to squash any smaller cocnern after offing their technology.

      Lack of this "enforceability without production" protection, as recognized by the small concern, eliminates any incentives to attempt to compete against the MS's and IBM's of the world.

    7. Re:Uhm - guys, read the fine print! by Anonymous Coward · · Score: 0

      So, there is this company. It has two employees. I wonder how much code these two employees have written and produced over the years.

      Perhaps you never heard of the company named Bleem! that had 2 employees for a very long time, only one of whom was a programmer. After the smoke settled, Sony was the very clear victor.

      Just because a company is small, does not remove the possibility of good ideas/code.

      Hell, even Apple's startup fit that description.
    8. Re:Uhm - guys, read the fine print! by LilMikey · · Score: 1

      This company _alleges_ that Microsoft withheld evidence based on their hand sorting of a subset of email.

      So you're saying the mysterious disappearance of 35 weeks of email isn't witholding evidence? They've already stated they back up every email. Hell, my company backs up every email.

      The company _claims_ to have gainfully employed more people than those just two.

      You're doubting the company ever employed more than 2 people? This seems like pretty easy fact to prove... I doubt they'd assert it if it wasn't true.

      Ah - right, sue the big cashbag and then turn on the marketing machine by publicizing this fact the world over.

      First, they didn't advertise a thing. Cringley even said he had no idea and pretty much stumbled on it by chance. And I'm not sure but I *think* that MS has a pretty decent history of tippy-toeing through court cases and has yet to really be slapped with anything serious.

      How many people do you think they needed to create a product that has the "ability to cache data to client disk buffers in Faster-Than-Real-Time(TM).

      The technology isn't in question.

      I'm sure there are a number of faults with the case but these aren't them.

      --
      LilMikey.com... I'll stop doing it when you sto
  90. No, you're thinking of Michael. by Anonymous Coward · · Score: 0

    At least Cringe is an ACTUAL journalist, not some wannabe like Sims...

    1. Re:No, you're thinking of Michael. by Anonymous Coward · · Score: 0

      Actually, he's not. He publishes rumors and commentary.

  91. In a word, Predatory. by mattr · · Score: 2, Insightful
    While Microsoft could arguably win the prize for leading judges by the nose, the practice of stealing secrets from smaller companies and dumping them is not unique to Microsoft. It is practiced by all giant predatory companies. How do you think they got so big? They lie, cheat, and steal.

    The wild thing here is that Bill Gates thinks people will never wise up.

    These corporate horrors are propped up by all the money they make, and people imagine that only a giant company like that can do big business. You need a big oil company to do oil exploration, and so on. But you don't *really* need a big company to make good software, a medium size one would do it. You only need a really big software company to dominate.

    Cynically, I personally believe that Microsoft uses the size of its firm, and its cash flow to dominate the software world economically, while the U.S. government uses Microsoft's ability to dominate this area for the purposes of spying. Just for argument's sake, how much of the intelligence used by the War on Terrorism, the War on Drugs, or any other policy is actually derived from intentionally engineered holes and spyware associated with Microsoft products? Seems a word processor, a spreadsheet, and an email program ought to be a good place to put a keylogger..

    To me this is the only possible reason Microsoft could still exist. I mean, their lawyers are only human. There is nothing occult going on here. It is just a superpower that has developed a nasty addiction to software solutions from the same company that makes consumer operating systems.

    Call me paranoid, but then again I expected the wars in the middle east for the past ten years, and expected them to be backed by just as flimsy reasons as they are now. Of course I didn't expect the horrors of 911, so I thought the U.S. president would be in more trouble. However Tony Blair seems to be on the receiving end a bit these days.

    Anyway, unless someone has a better answer, I go for Occam's Razor. It is impossible that Microsoft can get out of such repeated hideous offenses.. the only public anger of the U.S. government at Microsoft was when a recent version of windows was shipped with all of its ports wide open. Perhaps they took their pledge for INsecurity too far? Anyway, the next simplest answer beyond Bill getting supernatural help in the courts is that he's already got a few much bigger deals with the government and feels protected. Of course it doesn't hurt to have a pile of money too.

    1. Re:In a word, Predatory. by Swanktastic · · Score: 2, Interesting

      Cynically, I personally believe that Microsoft uses the size of its firm, and its cash flow to dominate the software world economically, while the U.S. government uses Microsoft's ability to dominate this area for the purposes of spying. Just for argument's sake, how much of the intelligence used by the War on Terrorism, the War on Drugs, or any other policy is actually derived from intentionally engineered holes and spyware associated with Microsoft products? Seems a word processor, a spreadsheet, and an email program ought to be a good place to put a keylogger..

      To me this is the only possible reason Microsoft could still exist.


      Not to point out the obvious, but the American Gov't might have a vested interested in seeing Microsoft the entity do well simply because it brings in a fantastic amount of money to the US. A similar example might be the way that the South African government would be interested in pumping up the diamond monopoly given how that industry contributes to their economy. Unless you're really pushing the tin foil hat thesis, diamonds aren't surveillance devices, but there is still a large gov't interest in defending the monopoly.

    2. Re:In a word, Predatory. by mattr · · Score: 1

      You could very well be right, no tin foil hat may be needed. After all Windows just interpenetrates *everything* these days. Still big companies have been struck at before, I predict nothing will come of this latest suit though and I still believe Microsoft must have some agreements with the U.S. government which are not well known, beyond making a pile of cash to shore up the economy.

  92. Re:microsoft behavior is that same as everyone els by eric76 · · Score: 1
    Microsoft is acting the same way every business in the USA acts.

    Not every business. Many, for sure, but not all.

    I think that the large corporations are more likely to engage in such activities.

    A few years ago, one company owned some patents for something they manufactured. One of the very large corporations (I don't remember which one in particular) placed a large order with them.

    The company didn't have the manufacturing capacity for that large an order, but the large corporation was kind enough to loan them money at good interest rates so they could do it.

    All went well until the company was ready to deliver. The big corporation cancelled the order and when the small company couldn't pay, they forced them into bankruptcy.

    Then, in the bankruptcy, the big corporation bought all the assets of the small company and ended up owning the technology.

    By the way, the very worst I've heard of was a small "venture capital" firm a number of years ago.

    They would "invest" a large amount of money in the firm and got control of the board of directors as part of the deal.

    In reality, the "venture capital" firm really put in only a few thousand dollars. But they started ordering all the equipment and supplies they could through the business. It was hauled off just as fast as possilble after delivery.

    And they weren't worried at all that they might have to go to prison for fraud. They figured that it would take years to get to court and the investors in the business would not want to pour money down the drain paying the lawyers since they would probably never get anything back.

  93. Oh please... by StevenMaurer · · Score: 1

    It is "fashionable" to forget Clinton's little email thing? Which one - the fact that an IT contractor lost some emails (like that's never happened before), or that Clinton never actually used email when he was in office?

    Like most psychotic right wing morons, I'm sure you think it's big deal that a few random thousand out of hundreds of thousands of Whitehouse emails were lost (and then later recovered - thanks to wasting $12,066,346 on the task). No one thinking it worthy of any special attention outside the tinfoil hat crowd.

    Clinton went through the audit from hell, and the only thing hundreds of millions of dollars (some private, some public) ever determined about the man was that he has a weakness for hummers.

    No shit sherlock.

    Meanwhile, our current president is claiming "executive privilege" over so many things (that just a few years ago would have been front page news -- thanks to the "liberal" media) even tinfoil hat Republican Congressman Dan Burton has become uneasy.

    1. Re:Oh please... by IM6100 · · Score: 2, Insightful

      Like most psychotic right wing morons,

      The precedent for labelling people whose opinion differs from yours 'psychotic' was established in the USSR, where 'psychotic' people were shuffled off to re-education camps for 'therapy.'

      Thank goodness people like you likes aren't in charge in this country (yet).

      --
      A Good Intro to NetBS
    2. Re:Oh please... by Sanction · · Score: 1

      Thank goodness people like you likes aren't in charge in this country (yet).

      Yes, thank goodness we have "your kind" in charge instead, who have created so many "crimes" that we have a jail population that would make Stalin blush, and have brought back the disappearance of someone with no charges, to a place beyond the reach of US courts or civil rights, with no record of their existance. Boy, I feel safer already.

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
  94. Re:microsoft behavior is that same as everyone els by staev · · Score: 1

    Just like The Book of Common Prayer: Love thy neighbor, honor the King, fear God. Words to live by. Or else.

  95. Re:Apparently Microsoft has not learned.... by FLoWCTRL · · Score: 2, Funny

    to not have a backup of emails.

    I once worked for a comany that was in the midst of a lawsuit. It was company policy that emails were not archived. It made presenting information for discovery so much easier.


    I guess that depends on how Evil(tm) your company plans on being. I guess the company you worked for had aspirations to be as Evil(tm) as Microsoft, and by the sounds of it, is well on the way.

    Evil(tm) is a registered trademark of the Microsoft Corporation.

  96. mod parent up! by vcohen · · Score: 1

    yeah, what he said. and your English is good enough!

  97. My faith in Open Source is diminishing by Anonymous Coward · · Score: 0

    Everytime I see a story like this, my faith in open source is significantly diminishes.

    At this point, I don't think open source will ever make any significant move against Microsoft. The reason is that, from the slashdot stories it is quite obvious that only when Microsoft does something wrong, open source seem to make some progress, at least in the eyes of this slashdot mob.

    What burst.com claims is very vague. The story doesn't tell anything, we don't know if there is any email, we don't know what Microsoft did or that Burst.com is trying to make money out of thin air. The court is still going on, and we all know that in America, anybody can sue anybodyelse and can win in the courts without even proving much, as long as the judge and the jury is biased. That's why SCO is able to make people confused about the issue. People say it is crap, but if slashdot community thinks that burst.com has a good case here, then they also send a message to people who are about to use Linux, cause this effectively means that SCO has a good chance of winning.

    You can say things against Microsoft without looking this stupid. And by the way, the author of the article is making his life by bashing Microsoft. I know that guy and his articles don't mean anything to me.

  98. This made me laugh out loud by dimator · · Score: 3, Funny

    So the judge ordered Microsoft to produce the missing messages. The employee PCs, the servers, and the off-site backup tapes have to be searched and soon. The Microsoft lawyers complained that would be like finding a needle in a haystack. The judge reminded them that it was they who had put that needle in the hay.

    Classic!

    --
    python -c "x='python -c %sx=%s; print x%%(chr(34),repr(x),chr(34))%s'; print x%(chr(34),repr(x),chr(34))"
  99. Re:microsoft behavior is that same as everyone els by Sivaram_Velauthapill · · Score: 1

    I'm glad you notice the underlying philosophy. My head clicked with the message too... although I suspect I liked it more since I'm a socialist :)

    ...how to keep the "awakend workers" from becomming as corrupt as there bosses, or what is a "fair" meains of distributing limited recources?

    I don't think anyone knows for sure HOW to keep corruption from creeping into the system. But we do know what Marx said. He said that the government will dissapear (resulting in anarchism although I don't think he used the concept of anarchism) and that is when we are free. I agree with him. The only thing is that neither he nor anyone else has said HOW the govt (or any authority) is going to dissapear. Suffice to say, IF the govt DOES dissapear, corruption (of a similar scale) will not exist...

    My personal opinion is that you lower corruption by continuously de-centralizing power. You keep doing that until power cannot be monopolized (ie. you will basically arrive at anarchism at that point). Of course, easier said than done... Power is more addicting than drugs, sex, or oil ;)

    If we are to follow the lead of history, we might guess that you have more incommon (education, finance, social class) with evil corprate officers then you do with any lower middle class working stiff.

    I don't know who you are referring to but Marx had more in common with the lower class than you think...

    A spectre is haunting earth... Capitalism WILL collapse... just be prpeared for its collapse...

    Sivaram Velauthapillai

    --
    Sivaram Velauthapillai
    Seeking the meaning of life... @slashdot of all places ;)
  100. Re:Apparently Microsoft has not learned.... by whoever57 · · Score: 1

    I guess that depends on how Evil(tm) your company plans on being.

    Well, the company and several executives eventually plead guilty to stealing another company's trade secrets/source code.

    I only found myself working there because of an acquisition and I left as soon as I could.

    --
    The real "Libtards" are the Libertarians!
  101. that's the strategy of every major corporation by Sivaram_Velauthapill · · Score: 1

    NT

    --
    Sivaram Velauthapillai
    Seeking the meaning of life... @slashdot of all places ;)
  102. Re:microsoft behavior is the same as everyone else by vnv · · Score: 5, Interesting
    What I'm trying to communicate isn't about Marx and Engels. Communism was not invented to do anything good for the worker, or to form any sort of utopia; rather, it was invented as a mechanism to change the world's balance of power. As Chairman Mao once said, "Communism is not love. Communism is a hammer which we use to crush the enemy."

    Instead of communism what I think is worth looking at is Adam Smith's original vision of capitalism. As you likely know, Adam Smith wrote "Wealth of Nations" which laid out the core principles of a capitalist system. However, Adam Smith's vision was not contained in this one book. Rather, Adam Smith always maintained that to build a sustainable and socially beneficial economic system that you needed the basic capitalist system ("Wealth of Nations", 1763) together with the moral system which he detailed in "Theory of Moral Sentiments", 1759.

    Because Adam Smith was never able to integrate the two systems of theory that he laid out, morality and capitalism, into one integrated system, there has always been controversy on how to build a sustainable moral economic system. In "Theory of Moral Sentiments", Smith emphasizes that it is sympathy that is a fundamental human motive, while in "Wealth of Nations", Smith instead says the motive is "self-interest". Obviously there is much ground between these two sides of human nature.

    Business places a large emphasis on having a strong legal system. As without such a system, many business transactions would cost more, or simply be impossible. It was the Common Law, and strict adherence to it, that enabled a new era of business to flourish. And the Common Law is based on a moral system, much of which was laid out in religious teachings. Thus we can see that morality is the foundation of easy, low-cost, flexible human collaboration and exchange. Put another way, without a strong legal system, based on our moral system, there is no foundation for a mutually beneficial society.

    The world has seen how a ruthless amoral company like Microsoft has flourished in a societal and business environment that has no underlying moral foundation. No matter what the cost to the individual and to society, because of Microsoft's monopoly, we are forced to pay the Microsoft tax. Not merely do we have to pay the tax, but in our brief lives, we also suffer the cost of the dearth of innovation that exists under the shadow of a monopoly. And it is not just Microsoft, but nearly all companies that extract money from their customers and deliver far less value than was promised. And today's governments deliver just a miniscule fraction of every tax dollar back to the people in the form of tangible goods and services. The rest disappears because of corruption.

    I offer the aside that as mainstream people, we don't even have accurate concepts for the "cost" of anything as the amoral capitalist system pushes the bulk of real costs into either or both of the "tomorrow" and "other people" columns. Without the ability to see how much things really cost, the mainstream person cannot make rational decisions, nor will their decisions be moral.

    Needless to say, we see in today's world that there is an ever increasing growth of corruption. This increase is due to the fact that the business world and legal system have dropped nearly all adherence to a moral system. Everything is amoral money-centric self-interest. And thus we end up with a corrupt system, an inefficient system, large-scale society ills and the widespread looting that is going on today. Ever wonder how Microsoft is accumulating cash so fast? Immoral monopoly pricing certainly helps. And the energy companies make Microsoft look like a beginner. Furthermore, because there is no care for the welfare of our fellow human beings, nor even any care for Nature herself, we have created vast environmental problems that have a profound negative effect on th

  103. MOD PARENT UP! by gad_zuki! · · Score: 0

    I'm sick of this right-wing disinformation campaign too.

    >Clinton went through the audit from hell

    If the House and Senate weren't controlled by the GOP so would Bush, so right now he's riding high on "party immunity." It won't last forever and 2004 is right around the corner.

  104. Borg Bill Strikes Again! by quarkscat · · Score: 1

    In this time of corporate malfeasance, it should
    come as no surprise that "S.weet O.ld B.ill" Gates
    is up to his old tricks. How can you expect any
    monopoly with $50 Billion in the bank not to
    expect to get their way? Money talks, and M$
    continues to play the part of a gambler playing
    "table stakes" poker, with a wheelbarrow full of
    cash guarded by his lawyers.

    That "Burst.com" managed to survive long enough
    to bring M$ to court is remarkable. Whether it
    will mean anything by the time the case goes
    through the courts (,which may take 5 - 10 years),
    is the real question. Sun is still doing battle
    with M$ over Java. Microsoft is obviously
    gambling that, with their money and lawyers,
    they can keep any lawsuit tied up in court
    for so long that any loss to M$ becomes a moot
    point: -- the technology and the marketplace
    will have changed the "order of battle" in their
    favor.

    A good case in point is the DoJ suit, which when
    taken with all the other M$ malfeasance, should
    have resulted in a "Ma Bell" sized breakup. The
    DoJ screwed up by focusing only on the most
    narrow of legal points. M$ used to stay above
    the "fray" of "greasing the political wheels",
    but that was before the DoJ action. The end
    result for M$ was little more than a slap on
    the wrist. (Kind of like the $750 Million fine
    to be imposed on WorldCom for $11 Bilion worth
    of corporate fraud.)

    Money talks, and the biggest money talks the
    loudest. Once in a while there is some form
    of justice for the little guys. Best of luck
    to Burst.com ...

  105. Business is war by ezy · · Score: 2, Interesting

    ...note who said that..and where he is now. :-)

    Personally, I dont give a rats ass.

    Success will always come quicker to those who drop morality in business or any sphere. Business leaders already know this... it's impossible to run a large corporation without having the ability to justify immoral behavior.. ask IBM, ask Walmart, ask Apple, ask McDonalds....

    It's like the school bully.. no, he is not really an insecure confused softy inside... he's just bigger than you are and knows it. This is not something specific to microsoft.. it has to do with power and those who wield it to show how they can wield it.

    Note that you don't see microsoft trying to screw IBM or Sony or Coke in any direct fashion other than old fashioned competition. They know full well that they'd get their ass handed to them by an even bigger bully...

    This has happened before, and it will happen again. When it happens to you, do what burst has done... try to take them on as best as you can. One of the weaknesses a bully has is that their strenth depends on fear.. show no fear.

  106. Re:Digital Research, Stacker, Intuit... by Anonymous Coward · · Score: 0

    Don't forget Sybase. MS was involved in a "partnership" with Sybase that somehow ended in MS walking away with several decades of work that had gone into Sybase's SQL Server. MS named their forked product SQL Server too and it became so popular that poor Sybase ended up renaming their product to Adaptive Server since by this time everyone thought SQL Server = Microsoft. I guess that's what they call innovation.

  107. Speaking of SCO... by Anonymous Coward · · Score: 0

    I hope everyone noticed this part of the article:

    "Why would a company like Microsoft do this?" asked Richard Lang, who is Burst's CEO and half the company workforce. "We were a little company. Microsoft could have had our technology for almost nothing, but instead they stole it. We called them on it, and they could have settled at any time, but they didn't. They stuck their heels in and won't give an inch even now. The only way I can make sense of this behavior is that they need to win no matter what the cost."

    That's normal behaviour for Microsoft. When faced with claims by Apple, Borland, Wordperfect, and others, Microsoft did exactly the same thing -- they dug in their heals and fought tooth and nail, dragging things out in court for years until the other side settled out of exhaustion.

    But then SCO came along.

    SCO's claim is dubious.

    SCO's claim is unproven.

    And what did Microsoft do?

    Microsoft paid SCO at least $10 million.

    They didn't question SCO's claim.

    They didn't take time to negotiate a better deal.

    They certainly didn't fight it out in court.

    Microsoft just paid, quickly, and without being pressured.

    Most people would say that the payment was premature, even for a normal company.

    But for Microsoft, given their history, the quick payment borders on insanity.

    Therefore, either Microsoft has suddenly gone insane, or the $10+ million is exactly what many people have been saying -- a payoff, in exchange for which SCO will try to do as much damage to Linux as possible.

    1. Re:Speaking of SCO... by rking · · Score: 1

      To be fair, Microsoft have lost to Canopy before. And to David Boies, even if the final judgment didn't hurt them as badly as it could have done.

      The combination of Canopy and Boies might well scare them into a quick payment on terms that protect them from any further action.

      I'm not saying that's what happened but things aren't quite as simple as you made them sound I think.

  108. Re:microsoft behavior is the same as everyone else by jfmiller · · Score: 1

    Very well put.

    I have two thought I would like to add.

    I tend to agree with you that only a "near-death" type experience on a grand scale will be enough to create sudden world wide change. However, I am not so pessimistic about long term small scale change. A common refrain where I'm at is "A few people can change the world, indeed it the only thing that ever has" A few good rants on Slashdot may not end the MS reign of terror, but it is how all great movements have started; with a little grumbling.

    Second, it is not necessary to convert the whole world/nation/proletariat. When courageous people speak reasonable words in strong voices people listen. I give you, for example, the Free Software movement. The whole computing world didn't suddenly drop everything and go open source as a revolt agents Microsoft's unfair monopoly, but when people like RMS, Linus or Larry Wall decided to do something better they started a trend.

    You are correct when you state that the corruption of most major corporation are rooted in a lack of morality. No one starts out saying "I want to be a money grubbing weasel when I grow up." A few people can, however, change this trend. I guess my point is that we--you, I and everybody else who can see beyond their TV screens--don't have to wait for a government changing revolution. We can do something now and be effective at doing it. You have good facts and based on this and other comment you are excellent at expressing them. Make sure you talk to people who will listen and have a little faith that the world will follow.

    I will make the world a better place one person at a time, will you?

    From the B.R.D.S.,
    JFMILLER

    --
    Strive to make your client happy, not necessarly give them what they ask for
  109. Brass Tacks by ratfynk · · Score: 1

    Ok you guys are missing the point, to write for a closed source OS, or linux or any OS, to optimise and make your binary more efficient, you need to use calls to externals. If you choose to dev your software offering based on a static binary, then you make it a little harder for others to decompile your software. The big question is how was Burst first offered to MS and did burst then re-write to use dynamic libs. This change in code would quickly open the door for MS to rip the ideas off. If Burst rewrote at the behest of MS so that the code would be more "Windows efficient" then one can argue that MS deliberately screws over the software that it wants first. This is the problem with closed source you can write a functioning binary but as soon as you optimise the software with windows dlls you are at the mercy of Microsoft because the calls to dlls are really easy to reverse. Yes I can believe MS wanting someone to "optimise" a dynamic version. The problem is the closed source system that MS has created is evil, it can be used to easily screw over coders.

    --
    OH THE SHAME I fell off the wagon and use sigs again!
  110. Re:I don't believe it -Richard Nixon had a gap too by barfomar · · Score: 2, Funny
    It only took an 18 1/2 minute gap to help boost Richard Nixon out of office.

    Bill and Steve been "in office" long enough to have enough mistakes pile up to put
    them on a slippery slope. Of course, they have their electorate pretty well tied up.

    It might take a somewhat stronger outside force to effect a regime change

    Ever notice how many times enough scandal accumulates by the time a president hits
    the second term that he probably wouldn't be elected a third term?

  111. short term greed by Anonymous Coward · · Score: 0

    I would like to be more optimistic than you and hope that the USA will implode under the weight of its own oppressiveness. After all, so many citizens have guns "just in case".

    I don't understand why the corporations which are in charge cannot see the benefit of looking after those that cannot look after themselves. Eg

    Environment: If resources continue to be consumed at a rate they cannot be replaced (and pillaging other countries doesn't count as replacement), then there will be no air to breathe, no food to eat, and it will be impossible to spend time outdoors in expensive hobbies like golf, yachting, skiing etc.

    Social Care: I'd much prefer to provide people basic food, shelter, and health care. If I also provide them with education and easy to get birth control then there is a good chance they can make their own opportunities. Should I make it difficult for them to get their basic life needs by stealing their resources or locking them all in prison, they will make it impossible for me to walk the street. I'd much rather hand over $5 to someone who asks politely for it, than someone who shoots me first.

    International Policy: I have never seen the USA so destructive as it is now. Despite the USA thinking it can destroy the rest of the world if it wants to, I don't think that the big corporate owners and execs will be able to maintain their lifestyle if they are forced to act on that point.

    I think that the last resort is for the USA citizens to get focussed, get emailing and start their own green (sustainable/renewable planet) party. It worked in Europe in less than 2 years. I think there would be plenty of European or Non USA support for such a venture. There may even be support from inside. The other tricky thing would be to get the USA corporations to understand the true consequences of their greed. I don't understand why they have to see the death of the whole planet before they believe that's where they're headed. If Europe can turn things around, so can the USA.

    I have a problem with the word "Morality" in this context. The people who call themselves "Moral" tend to be very intolerant of anyone not like them. I think it would be good to be intolerant of polution, corporate fraud, political fraud, and lack of health and education opportunites. But I don't see why all of us should be "good christians" and intolerant of anything else. Wasn't the USA founded on tolerance, specifically religious tolerance? Why is there so little of it. Why is there so much fear-mongering? Is the USA government and corporations' techniques so very different to the fear mongering actions of other totalitarian regimes.

    I am so glad that there are some USA citizens who understand that the rest of the world exists in its own right, and not as an exploitation opportunity.

    Hmm so many things to rant about, so many directions to rant in...About as cohesive as dry sand.

  112. Just wait until they find the tapes... by macshune · · Score: 4, Funny

    "Yes, we should steal the Burst technology and then.. .
    .
    .
    .
    .
    .
    .
    .
    but that would be wrong!"

  113. Why didn't Microsfot simply *buy* the company? by TheMidget · · Score: 2, Interesting
    That way, they could have had the technology for themselves, and also prevented the competition from having it, without the legal mess that they are in now.

    (Well, they could still have been sued for anticompetitive behaviour, but not for outright theft...)

  114. Letters of marque by TheMidget · · Score: 2, Interesting
    In the Middle Ages, when piracy on the high seas was still a common business model, the smarter pirates made sure they "worked" for the good cause... by only raiding ships of the "enemy".

    In exchange for their valuable services, they got official permission from their government to act in such manner: these were the "letters of marque".

    Maybe the Open Source community should do something similar? Yes, Burst's behavior may look like patent privateering. But it is directed against the enemy. This can't be all bad ;-)

  115. Stealing patented technology by Anonymous Coward · · Score: 0

    If Burst had patents, then how could MS 'steal' the technology anyway? And if the technology was so great, how come they have no company, just two people left, how come they never made a profit or no other company licensed it?

    Forcing a company to show internal emails 'to see what they were thinking during negotiations' is sick.

    Burst, bunch of whiners.

  116. In other news by WernerStormcrow · · Score: 1

    In other news Steve Ballmer declared that backups were now considered harmful to innovation, a threat to the U.S. economy (i.e. Microsoft), and promoting communism in general due to its anachronistic nature. In addtion, he announced that Longhorn would incorporate a backup solution that would save Microsoft from such embarassments in the future by a new coding scheme: - steal => license - play along => negotiate - eradicate them => point out their irrelevance - commies => open source community - our own shit => windows

  117. Palladium will make all this go away by Quizo69 · · Score: 1

    Microsoft isn't worried about their backup emails being found and used in this case, because once they get their new Palladium enabled computers up and running on site, they'll never have to worry about leaking emails ever again.

    "We're sorry but we HAVE backups, it's just that we can't read them because Johnny X no longer works for us and his key was accidentally erased. We'd try to recover it but it's illegal to circumvent encryption due to the DMCA."

    Reminds me once again why Palladium is such a bad idea - all it secures is the corporation, not the individual.

    Quizo69

  118. Destroying Burst is not in Microsofts interest by gotan · · Score: 2, Insightful

    ... unless they buy it, that is. I wonder why Microsoft didn't simply buy out Burst when it had shrunk to a two man outfit and things looked bleak indeed. Simply destroying Burst makes no sense for Microsoft, they should have seen to it, that the technology remains proprietary, and to that end they should have either bought Burst (and their patents) or strengthened it (so Burst can maintain a strong position in the Solaris- and (more important) Linux-Market. If there's noone defending Bursts patents, we'd have seen an open source implementation of the technology as soon as the technology becomes important enough, and then it's cross platform again, only in a way that can't be controlled by anyone.

    The other thing is, that even if Burst dies someone ends up with the patents (and that'd likely not be Microsoft: since they didn't bother before why bother when Burst goes bonk) and eventually someone will try to make money out of it by litigation (that's the current business-modell in the US: 1. get the rights to some IP 2. sue 3. money), so as long as Microsoft doesn't keep the situation under control there's the constant danger of being sued.

    These are two very important reasons to keep some control over the Burst technology, either by choosing them as a business-partner (and i'm sure MS has enough ways to make their "business partners" only do what's in MSs interest) or, even better, by buying them out. It's really strange that they make such a tactical error, especially Microsoft. Since they're all about control (the Borg-pictogram on /. is not by accident) why don't they try to exert control over Burst-technology?

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  119. Email Retention by Anonymous Coward · · Score: 0

    I'm having to post anonymously for obvious reasons here.

    At my company, a Fortune 500, $50 Billion company, and ranked #1 in its own sector, we have a corporate policy of deleting all Email which is over 21 days old.

    From the CEO to the Help Desk lackey.

    21 days.

    Email older than that is automatically purged.

    Of course, this doesn't stop certain people *cough* *cough* from backing up one's own email onto one's own laptop. *cough* *cough*.

    Then again, no laptop or desktop is backed up throughout the enterprise, either.

    Storing Emails on one's laptop is not officially endorsed or supported by my company, too.

    Plausible deniability.

    "You want what? All Emails for the past 6 months? We don't have them! All Email is destroyed after 21 days."

    "We need the Emails on your employee's laptops, too."

    "Sorry, we just finished a PC Refresh and all of those hard drives have been wiped clean."

    Gotta love Big Business.

  120. You forgot 3. by gotan · · Score: 1

    3. lawyers and the likes will go and specifically search for things with which they can nail MS.

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  121. Re:microsoft behavior is that same as everyone els by Badanov · · Score: 1
    Another +5 Socialist viewpoint. Perhaps slashdot editors should join the Socialist International. Sounds like you all have a lot in common.

    The workers are going to wake up one day and realize they are fucked because they've been robbed blind while they've had their faces glued to their television sets, absorbing the latest disinformation from the media and the government.

    And so just who buys the products produced by corporations? Workers do, and at all levels. Corporations make profits by selling products and services to individuals and that includes other corporations. And all workers are compensated in the US, and they are free to use their compensation however they want and that includes NOT watching TV.

    Trust me. I know all about this communist propaganda. I used to me one myself, until I realized what a huge lie communism and the sentiments you are spewing are.

    --
    Dawn of the Dead
  122. What about Real Networks? by JKR · · Score: 1
    This patent sounds suspiciously similar to a feature in Real's latest offering. Are they next?

    Jon.

  123. Microsoft screwed someone over? by Borg_5x8 · · Score: 2, Insightful

    No shock there. Everyone should have learned from Sendo that allowing MS access to the intellectual property they want, without a blood contract, is asking for trouble.

  124. *sigh* by EmagGeek · · Score: 1

    It's Burst.com vs. Microsoft, not Microsoft vs. Burst.com...

    The plaintiff goes first, and the defendant goes second.

  125. wrong as wrong can be. by bani · · Score: 1

    i've been a juror in civil cases, as have friends of mine. i can state first hand there IS a jury in civil law.

  126. Willful patent infringement by Anonymous Coward · · Score: 0

    To get any money from patent infringement you must first:

    1) prove patent infringement
    2) prove damages

    If you can prove willful infringement, you will collect triple damages.

    But regardless of whether or not the infringement was willful or not, you can still collect for damages. This is the whole point of a patent, you basically have a mini-monopoly on your implementation of an idea for a period of time.

    It sounds like in your particular case, your lawyers were unable to prove damages.

  127. Re:microsoft behavior is the same as everyone else by Gumshoe · · Score: 1
    What I'm trying to communicate isn't about Marx and Engels. Communism was not invented to do anything good for the worker, or to form any sort of utopia; rather, it was invented as a mechanism to change the world's balance of power. As Chairman Mao once said, "Communism is not love. Communism is a hammer which we use to crush the enemy."


    Mao might have said that but he wasn't speaking for Marx or Engels. The Communist Manifesto was clearly about the rights of the worker; that the concept of communism was bastardised by Stalin, Mao, and everyone else doesn't alter that.

    I agree with the rest of your post though.
  128. Non ASCII? by yerricde · · Score: 1

    I guess that is because there are different text code standard exists on different machines, the text (ascii) file might be all right if everyone use IBM PC.

    Please name a desktop computer popular in 2003 that does not use ASCII, one of the ISO 8859 supersets of ASCII, or Unicode as its native character encoding.

    --
    Will I retire or break 10K?
    1. Re:Non ASCII? by Anonymous Coward · · Score: 0

      Answer: MacOS uses a proprietary 8-bit character set, NOT 8859.

      Real Answer: Much of this procedure has to do with the bad ol' days of DOS Code Pages, proprietary character sets everywhere, and the fact that they use flat files to interchange data. Sticking unicode into a CSV file is going to break a ton of software.

      As people move to XML, most of the character set issue will be obliviated (even the CP1252 ones!)

      However, that doesn't mean lawyers will not want to have the TIFF image. It's basically a "photocopy of the original" in their mind, and usually much easier to read, wave around in court, etc than the plain text format.

  129. Law School? by Anonymous Coward · · Score: 0

    The name of this case should be Burst.Com vs Microsoft, since Burst.com is suing.

  130. broken link by server_wench · · Score: 1

    If you are trying to read the previous pulpit he refers to, the link to it on http://www.pbs.org/cringely/oldhat.html appears to be broken, but the story is at http://www.pbs.org/cringely/pulpit/pulpit20030821. html.

  131. Depends on your email client by Halo- · · Score: 1

    If your company uses an email system like Lotus Notes, which has built in encryption, signing, etc... then a far amount.

    Of course this is MS so....

    1. Re:Depends on your email client by Anonymous Coward · · Score: 0

      Yeah, but how often do two companies send Notes-to-Notes email without bridging to RFC822 format and losing all of the security features? Sure, it's possible, but almost never done.

    2. Re:Depends on your email client by Halo- · · Score: 1

      I have to admit I agree.... but it's becoming more common. I work for IBM (so obviously we tend to use that feature more than some people....)

      You can set Notes up to user X.509v3 certs which makes life easier. Of course establising the trust model becomes fun...

    3. Re:Depends on your email client by Zeinfeld · · Score: 1
      If your company uses an email system like Lotus Notes, which has built in encryption, signing, etc... then a far amount.
      Of course this is MS so....

      Microsoft also supports S/MIME. In fact you can send an encrypted email from a Microsoft email client to a user of Netscape or Lotus email clients.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
  132. SCO code in Windows? by peter303 · · Score: 1

    Knowing MicroSoft's penchant to "borrow" technology, I wouldnt be surprised to find some SCO code deep in Windows. Even though on the surface Windows seems to be completely different OS; (1) MS "owned" PC-UNIX (Xenix) in the 1970s and 1980s until it sold it to SCO and (2) the MS-NT-OS "borrowed" heavily from VMS (formerly DEC-Compaq now HP).

  133. Yes, this make the SCO licensing stink even more by ILikeRed · · Score: 1

    Not only that, but if you notice, MS licenses nothing from anybody. They stole this technology, they stole the SQL technology. They may sometimes buy out a company, but they would much rather go to court than license anything, which make the SCO licensing stink even more.

    --
    I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress -J Adams
  134. Welcome to UNIX by leonbrooks · · Score: 1
    how do we handle hundreds of thousands of pieces of pretty well homogeneous data?

    Welcome to UNIX. The correct answer could be grep, perl, gawk, or any one of a squillion other patterning languages, one of half a dozen databases, or something like KMail, which doesn't seem to mind unlimited numbers of messages in one mailbox, or pick sixty possibilities I never mentioned or thought of. Most of which have cryptic 2-3 letter names. (-:

    --
    Got time? Spend some of it coding or testing
  135. Was that before... by leonbrooks · · Score: 1
    in the form of 100k tapes, which to me sounds like more than 30 days of email.

    ...or after the last run of Win32 viruses filled up some uni's 80GB student quarantine drive in one day?

    --
    Got time? Spend some of it coding or testing
  136. Done. MS-Windows. by leonbrooks · · Score: 1
    name a desktop computer popular in 2003 that does not use ASCII, one of the ISO 8859 supersets of ASCII, or Unicode as its native character encoding.

    Their native standard doesn't follow any of these, and their "Unicode" breaks Unicode (e.g. fancy quotes in "high control character" space).

    Big surprise that answer was.

    --
    Got time? Spend some of it coding or testing
    1. Re:Done. MS-Windows. by yerricde · · Score: 1

      Their native standard doesn't follow any of these

      OK, given your comment about Windows's twisted kinda-sorta superset of ISO 8859-1 (called codepage 1252), I'll make the question more precise: Which desktop computer popular in 2003 cannot read or write 7-bit ASCII text documents?

      --
      Will I retire or break 10K?
    2. Re:Done. MS-Windows. by Anonymous Coward · · Score: 0

      Which desktop computer popular in 2003 cannot read or write 7-bit ASCII text documents?

      Are you suggesting that 7-bit ASCII will invariably be sufficient to replicate relevant documents? This doesn't sound terribly plausible.

    3. Re:Done. MS-Windows. by yerricde · · Score: 1

      Anything that can be typed on a standard American typewriter can be reproduced in ASCII.

      Still, ignoring the possibility that Windows may change the meaning of the seldom-used U+0080 to U+009F section of Unicode to remain bug-compatible with poorly-written apps that confuse Unicode with ISO 8859-1 with Windows-1252, which popular desktop computing platform doesn't support Unicode well?

      --
      Will I retire or break 10K?
  137. Re:microsoft behavior is the same as everyone else by bubbha · · Score: 1

    It's common for "believers" to suggest that when an implementation of their political/economic philosophy or religion ends up in disaster that it was due to it being implemented incorrectly or... that not enough of their political/economic philosophy or religion was implemented.

    Theft and murder seems to be what humans consistently do well...for thousands of years of recorded history...regardless of the political/economic philosophy or religion under which the crimes were committed.

    --
    I want to be alone with the sandwich
  138. Re:microsoft behavior is the same as everyone else by Qrlx · · Score: 1

    Parent comment is great, but I think it should be "ethics" and not "morals" that guides the legislature. Morals are too personal, too subject to ideological indoctrination and zealotry. Ethics is where most people can agree.

    If you're arguing that the only thing to save us will be a "return to morality," brought on by some great fear, then what you're saying is that society hasn't really progessed much since the days of the Wrathful God of the Old Testament. Not that I necessarily disagree with that, but it doesn't seem like that's the direction you want society to go in.

  139. Re:microsoft behavior is the same as everyone else by Gumshoe · · Score: 1
    It's common for "believers" to suggest that when an implementation of their political/economic philosophy or religion ends up in disaster that it was due to it being implemented incorrectly or... that not enough of their political/economic philosophy or religion was implemented.


    You make it sound as though there's something wrong with that. I'm no believer in Communism any more than I'm a believer in Capitalism but it's true to say that the Communist Manifesto was never implemented. Just because some political leaders chose to label their regimes "communist" doesn't make them so.

    It's only a word after all and hardly seems worth discussing, but some people (nobody in this thread I hasten to add) like to confuse Stalinist Russia (essentially a murdurous dictatorship) with the Communist or even Socialist principles and use it as an excuse to criticise any policy that even hints at being socialist in orgin. That's just dumb IMO.

    Theft and murder seems to be what humans consistently do well...for thousands of years of recorded history...regardless of the political/economic philosophy or religion under which the crimes were committed.


    That seems to be true.
  140. More Obvious by Anonymous Coward · · Score: 0

    BLAST POST!

    heh, since I'm posting anonymously, I'm sure I'll get a low scoring "off topic/flame bait" score, inspite of that "funny" first post.

    Prove me wrong Moderators...prove me wrong...

  141. The american way by Anonymous Coward · · Score: 0
    Isn't this part of the American way? Rape, and plunder to enrich yourself. Re-invent yourself when necessary and it's only illegal if you can't hire a good lawyer.

    By those measures, OSS is anti-american. Since OSS is based on the principles of freedom from re-inventing something that is already available for free. Freedom from the need to rape and plunder. Businesses (or atleast big businesses) thrive on competition and beating others to submission. Open source on the other hand is about depriving oneself of sleep, for the sake of getting flamed by others when your code is a bitch to read. Or in the case of kernel hackers, getting rejected by Linus. It's all the same at the end of the day.

  142. Re:I don't believe it -Richard Nixon had a gap too by SillySlashdotName · · Score: 2, Funny

    Ever notice how many times enough scandal accumulates by the time a president hits
    the second term that he probably wouldn't be elected a third term?


    Interesting, but as there is no allowed third term, I think the actual process is more like keep the scandals down for the first term, then who cares. It isn't like they can run again.

    --
    Acts of massive stupidity are almost never covered by warranty. --me.
  143. Re:Digital Research, Stacker, Intuit... by Anonymous Coward · · Score: 0

    Spyglass

    sybase, sendo

  144. "The Last Days of Autodesk" by John+Jorsett · · Score: 1

    I went looking for that essay Cringley mentions and he's the only online reference to it. Anyone know where it appeared?

  145. aaditya@member.fsf.org by Anonymous Coward · · Score: 0
  146. Re:microsoft behavior is the same as everyone else by bubbha · · Score: 1

    Look at what Jesus Christ said vs. what Christianity has does in His name (from the Crusades to Jimmy Swaggart to Pedophile Priests.) Same with Marx and Engles. Same with Islam. Same with Adam Smith.

    My suggestion is that implementation of these complex theories on how society should operate spun by the sages that created them always seem to fall way short of the ideal. On the other side, opponents of the sage's theory site the flawed implementations as evidence that the original theory itself is with out merit and use that as evidence that their theory is correct.

    So I don't see any actual progress here. Look at our "final solution" for Iraq. Putting men, women, and children through a meatgrinder because the previous regime was putting men, women, and children through a meat grinder.

    My point is that it seems like massive theft and murder on a grand scale are the result of almost every implementation of someone's grand theory.

    I'm not saying that it's not interesting to discuss these theories, It just seems delusional to think that they represent "progress."

    Robert Fripp (the worlds greatest guitar player IMO) said it best..."Quantitative action works by violence and breeds reaction. Qualitative action works by example and invites reciprocation."

    --
    I want to be alone with the sandwich
  147. Re:microsoft behavior is the same as everyone else by Anonymous Coward · · Score: 0

    "Communism was not invented to do anything good for the worker, or to form any sort of utopia; rather, it was invented as a mechanism to change the world's balance of power."

    First of all, communism was not "invented". Second, since it wasn't invented, it had no purpose of doing "anything good for the worker" or changing the "balance of power". Communism was an idea that Marx predicted was the next step in political/economical structure. It was the next step after capitalism. Although he stated this was after capitalism, he was working on skipping the capitalistic system and jumping straight into communism. Now that which people ignorantly see as communism is all a twisted system. It has certain characteristics, but it fails the true nature of what Marx called communism. I don't believe I have anything else to say about the rest of your comment, just that part.

  148. Forgetting about M$ media division by Anonymous Coward · · Score: 0

    Buying out the a studio from the troubled entertainment industry. Microsoft has already shown interest and you can expect current relationships change when they are providing more content.

  149. Re:Corps not "people" by mabhatter654 · · Score: 1
    Corpratists claim that corporations have property rights...that's the whole basis of corperate claims to any rights. But the stockholders give up their rights to a third party created by a paper. That third party has no democracy, rights, or constitution, it is a "foreign" government that makes decisisons for it's "serfs" without repersentation.

    This has been fought a thousand times, in the middle ages, it was protection and fielty to a castle for saftey; in the colonial age, it was indentured servitude and the various "corporations" that settled north america then tried to hide behind "property" rights. [they had repersentation in their corporate masters parliment. we didn't buy that then.. or now] It's a shame our govenment has forgotten the reason it was founded...to resist corperate tyrany!

    It comes down to the fact that while People have the right to property and such, corporations do not necessaraly inherit all those rights, after all, they have unnatural long life, and cannot be reasonably punished [after all, we don't lock up stockholders for MS behaviour...we probably should] as a normal individual....this makes them kind of like nobility...and as have a directive in the constitution to prevent that. You a citizen have rights over your property, when you create a government [what a corporation really is] then you must follow the US constitution which governs all governments on this soil. There's nothing "left-wing" about it.

  150. That's m'boy! (-: by leonbrooks · · Score: 1
    I'll make the question more precise

    You did post to SlashDot, no? (-: Terry Pratchett would love this place :-)

    --
    Got time? Spend some of it coding or testing
  151. 35 weeks of email lost? by A_Non_Moose · · Score: 1

    Were they using Hotmail(tm)?

    Oh, wait...

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    Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
  152. 9 != X by yerricde · · Score: 1

    Answer: MacOS uses a proprietary 8-bit character set, NOT 8859.

    Classic Mac OS did use a proprietary "MacRoman" encoding, but hasn't Mac OS X switched to something Unicode-based?

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    Will I retire or break 10K?
  153. I have this picture... by Sphere1952 · · Score: 1

    ...of a giant white shark being nibbled at by thousands of pirana. I don't care much for either of them, but it would be nice to see the shark stripped to the bone.

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    Big Brother Bush is doubleplus ungood.
  154. The magic word is "spoliation." by apc · · Score: 1

    Destroying evidence in Federal Court is a very bad idea if you hope to defend a suit (at least if you're caught). In most courts, that means, at the least, that the jury is simply instructed to assume that the destroyed evidence supported the other party's version of events. This aside from fines, jail sentences, etc..

    (IAAL)

  155. A good discovery team would rip it apart by tjstork · · Score: 1


    To pull off that kind of a fraud would be impossible.

    Too many people would have to lie. If a handful of people are secretly disgruntled, you are dead, and the people that order the fraud would definately go to jail.

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    This is my sig.
  156. Contempt of court by dbIII · · Score: 1
    but failing to produce evidence on demand from a court should be punished
    It's called contempt of court, and carries big penalties for the individuals involved in a lot of places.
  157. Microsoft is not a ruthless amoral company by dbIII · · Score: 1
    They don't mine diamonds in deathtrap mines in third world countries, sell arms to both sides of a war, launder money or have people killed that ask difficult question about timber operations. There are a lot worse companies out there with branches in the wealthiest countries as well as the poorest.

    Microsoft, although being one of the nastier players in the software industry would be the essence of goodness and niceness in even the music industry. When was the last time Bill Gates had anyone's kneecaps broken? Crushing companies hurts poeple - and unemployment causes real pain, suffering, mental illness and suicide - but the problem isn't Microsoft, it's bad corporate behaviour in general. Once again it's barbarians (might is right) raiding farmers (lots of rules to make sure there's enough seed to plant next spring).

    1. Re:Microsoft is not a ruthless amoral company by vnv · · Score: 1
      Please note I did not say "ruthless amoral evil company". I purposely left the "evil" out as Microsoft is representative of most large corporations.

      The companies you mention all are perhaps more "evil" than Microsoft, but likely less ruthless as well. The record industry has fought for all sorts of heinous laws to punish their customers, the same as Microsoft has in the software industry (DMCA, NET Act, UCITA, etc.). Microsoft -- doing the same thing as the record industry -- has sent goons to Compaq and other OEMs when negotiations didn't go their way. Microsoft (a software monopoly) and the music industry (a content oligopoly) seem about the same in that they are both big companies that act ruthlessly and amorally.

      If you took Microsoft and put them in any industry, they'd be the very worst that is tolerated in that particular industry. Don't make the mistake of thinking all industries are the same and can be compared equally. If Microsoft were a diamond mining company, I'm sure they'd have deathtraps galore. As it is, Microsoft is offshoring more and more jobs to slave labor countries. Is that any better?

      Microsoft has gotten where they are by being absolutely ruthless. There is a reason that they have over half a billion dollars of court judgments pending against them with more in the works. The company is known for bending, twisting, and ignoring the law, stealing from their partners, stealing from their customers, and for many illegal acts in how they make contracts, structure business deals, spy on your information, etc.

      It will be interesting to see how the backlash against the Microsoft Tax develops over the next 5-10 years. People, organizations, and countries will need alternatives to Microsoft simply to survive. How will Microsoft crush these upstarts?

    2. Re:Microsoft is not a ruthless amoral company by dbIII · · Score: 1
      Please note I did not say "ruthless amoral evil company"
      Evil is something you call your enemies (including the enemies of society within your own society) - amoral is easier to define. Every time we say the microsoft is evil we just look like silly geeks. Microsoft pays their employees, which automaticly makes them better than the worst software comapnies around. Microsoft don't kill people. They don't even spill oil when they cut corners. They aren't even linked to organised crime. I wouldn't call them amoral, they're just part of the get rich quick damn the consequences corporate culture that has been around for years and gets out of control every time there is a government that is asleep at the wheel or has members personally involved.

      BTW, India is not a slave labour country, they just have educated people that will work for the price of the average mexican illegal immigrant.

  158. Re:Yes, this make the SCO licensing stink even mor by Ciggy · · Score: 1

    If the technology wasn't interesting enough that they felt the need to delete 35 weeks worth of emails about it, why did M$ need to steal the technology (as claimed by Burst)?

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    A rose by any other name would smell as sweet;
    A chrysanthemum by any other name would be easier to spell
  159. Re:Digital Research, Stacker, Intuit... by EdlinUser · · Score: 1

    Wow! Thanks, AC.
    9/6/03 and I just noticed your comment.
    This far back nobody reads or mods but maybe you'll see this.