Slashdot Mirror


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."

113 of 410 comments (clear)

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

    BURST POST!

  2. 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 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.

    2. 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.

    3. 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
    4. 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
    5. 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

  3. 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 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
    4. 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.

    5. Re:I don't believe it by evilviper · · Score: 3, Interesting

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

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    6. 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...

    7. 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
    8. 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.

    9. 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?

    10. 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.
  4. 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.

  5. 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 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. 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 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.

    2. 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.)

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

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

    4. 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.

    5. 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?

    6. 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.

    7. 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.

    8. 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.

  7. 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
  8. 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 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
    4. 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

    5. 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.
  9. 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 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"
  10. 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?

  11. 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.

  12. 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."

  13. 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
  14. 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 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 */
  15. 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.

  16. 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 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...
    2. 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."
  17. 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...

  18. 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
  19. 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 ellem · · Score: 2, Insightful

      yeah -- but in email?

      --
      This .sig is fake but accurate.
  20. 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 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.

  21. 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 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.
  22. 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."

  23. 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...
  24. 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.

  25. 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!

  26. 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?"

  27. "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).

  28. 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?"

  29. 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
  30. 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...
  31. 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.

  32. 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.

  33. 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: 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.
  34. 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...
  35. 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
  36. 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.

  37. 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.


  38. 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
  39. 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?
  40. 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
  41. re:Digital Research, Stacker, Intuit... by EdlinUser · · Score: 3, Interesting

    Spyglass

  42. 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...

  43. 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.

  44. 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.

  45. 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.

  46. 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. :(

  47. 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.

  48. 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.

  49. 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
  50. 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.
  51. 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.

  52. 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))"
  53. 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
  54. 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

  55. 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.

  56. 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?

  57. 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!"

  58. 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...)

  59. 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 ;-)

  60. 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
  61. 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.

  62. 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
  63. 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."?

  64. 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.