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Halloween X Author Mike Anderer Speaks Out

cdlu writes "Mike Anderer, author of the now-famous Halloween X document, has spoken out at NewsForge. Among the highlights is a prediction by Mr. Anderer that Microsoft has many more disruptive lawsuits planned up their sleeves."

424 comments

  1. Big Mouth by crossconnects · · Score: 0, Funny

    > I also have a lot to say in most situations.

    In other words, I'm a big mouth.

    --
    no big sig
    1. Re:Big Mouth by crossconnects · · Score: 1

      Troll? It was a direct quote from the article! He had little else to say.

      --
      no big sig
  2. Maybe because its early for me, but... by PimpBot · · Score: 5, Insightful
    Since the GPL type license agreements push the liability to the users, who do you go after?


    What exactly does he mean by this? Traditional EULAs push liability onto the user as well.

    1. Re:Maybe because its early for me, but... by linuxislandsucks · · Score: 4, Insightful

      he measn he faisl to graps what copyright law is.. no end user has liability for an author of a work infringe on someone's else work

      --
      Don't Tread on OpenSource
    2. Re:Maybe because its early for me, but... by PimpBot · · Score: 1

      Is that really true, though? I remember the Nullsoft founder released a p2p framework under the GPL, and AOL did everything they could to try to shut that down...and I believe sending C&D letters was part of that.

    3. Re:Maybe because its early for me, but... by BiggerIsBetter · · Score: 0, Redundant

      Sounds like FUD to me.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    4. Re:Maybe because its early for me, but... by BiggerIsBetter · · Score: 5, Interesting

      C&D's don't mean anything - they're just scare tactics. The thing about the GPL which I suspect he's alluding to, is that you are allowed to redistributed copyrighted works if you stick to the terms. However, the act of redistributing GPL'd works could be argued as also breaching traditional copyright, if a previous contributor has included someone else's copyrighted work. Whether it would stick I don't know, but that's the obvious end-user attack - if they are redistributing the code in question. It doesn't affect Joe User who downloads Mandrake and runs it on his box at home.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    5. Re:Maybe because its early for me, but... by minkwe · · Score: 1

      But they have a legitimate license from the original distributor. So it still doesn't explain this line of reasoning that liability is transfered?

      --
      "Fighting terrorists with millitary might is like killing a mosquitor on your Dad's forehead with a rifle."
    6. Re:Maybe because its early for me, but... by AndroidCat · · Score: 5, Funny

      Not true! In Microsoft's EULA, they'll pay off on any proven liability .. up to $10 or the cost of the product. :^P

      --
      One line blog. I hear that they're called Twitters now.
    7. Re:Maybe because its early for me, but... by bunhed · · Score: 5, Funny

      Oh c'mon, M$ is always covering my ass everytime I lose data, crash, re-install, get a virus, let a spammer in, end with up an incompatable version... yep, M$ is always behind me, everytime I bend over.

    8. Re:Maybe because its early for me, but... by BiggerIsBetter · · Score: 4, Insightful

      No, I mean if Person A rips off some of Company B's source code, and includes it in a GPL'd product, which is then distributed by Person C.

      There's two obvious arguments:
      1) Person C is an IP Thief(tm) distributing Company B's copyrighted work (which they are) and must be sued and made an example of.
      2) Person C is an innocent party and received the copy in good faith, and the liability is deferred back to Person A, who actually did the nasty deed.

      Hopefully the latter argument would win, but once you get laywers involved, anything can go wrong...

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    9. Re:Maybe because its early for me, but... by minkwe · · Score: 4, Interesting

      You are right but I don't see how this has anything to do with the GPL. It applies to every software distributor out there.

      The argument is always that the GPL specifically transfers some liability that other licenses don't. By your argument, Somebody can sue IBM for code it got from Computer Associates.

      How does the GPL transfer liability. Liability != Waranty.

      --
      "Fighting terrorists with millitary might is like killing a mosquitor on your Dad's forehead with a rifle."
    10. Re:Maybe because its early for me, but... by BiggerIsBetter · · Score: 1

      There's nothing magic about the GPL that lets this happen, other than that the distribution chain can be much larger. Of course the correct result wil be something like my second argument, but I wouldn't put it past MS (or *AA, etc) to try to argue the first one. Like I posted earlier, it smells like FUD to me. Anything targeting the end user is most often bluster and bullying.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    11. Re:Maybe because its early for me, but... by starm_ · · Score: 4, Interesting

      Not everything is all black and white.

      3)Person C is not inocent but its not guilty until it knows about it. Its the job of company B to tell all parties: "Hey you have my code please remove it from you software. And by the way I want compensation from the ones who but the code in there.". Only if company B doesn't comply would it be in danger of litigation.

      I even think that it is REQUIRED by B to try to resolve the problem BEFORE going to court. By telling A and C to remove the code. Of course if it can prove A knew it was copying copyrighted material when A did it, B could claim some damages.

      I would of though that everyone would know about these things by now with all of the SCO, Growklaw etc... brouhaha

      oh and IANAL but I did a project on IP law once. (Canadian IP law, but because of international agreements I think it is very similar to US laws)

    12. Re:Maybe because its early for me, but... by Fnkmaster · · Score: 2, Interesting
      EULAs do deny responsibility for pretty much anything. But a court could still throw that disclaimer away in egregious cases, and there's a profitable company to suck money from in a civil case. That's missing in most Open Source projects.


      But what really bothers me is that people seem to want somebody to hold liable and yet don't want to pay. There is no "contract" of purchase under which somebody should be held liable with Open Source. If you want somebody to hold liable, you need to pay. If you paid for Red Hat Linux, you should be able to hold Red Hat liable for problems with their OS (at least to the same extent you hold MS liable for their problems).


      This is really an enterprise server issue, if anything. I've never really heard of a desktop software company successfully being sued for damaging somebody's data, hardware, etc. despite lots of barely working products on the market. Big companies want somebody to point a finger at. I think that's completely fine, but they need to pay an IBM, Red Hat, or somebody else to assume that liability, since without a big chunk of cash in the bank, such guarantees mean nothing. Expecting anybody to assume liability for free and in absence of the formation of a contract by purchase is absurd. Once you've executed a standard purchase, there is a whole bunch of torte and product liability law to back you up, and you should feel just as comfortable if not more so with Open Source as you would with closed source software.

    13. Re:Maybe because its early for me, but... by wrecked · · Score: 4, Interesting
      From the context of his statement, I believe he's talking about patent infringement, not copyright infringement.

      However, he is mistaken that "GPL type licence agreements push the liablity to the users." The GPL specifically puts the patent onus on the code contributor.

      As far as end-user liability goes, I fail to see the difference between the GPL and the EULAs of closed software. While GPL projects are certainly vulnerable, there have already been significant successful patent infringement claims against closed software that may affect the end-users of that software.

      For example, Timeline recently won a patent infringement suit against Microsoft that potentially could require licencing royalties from developers and even end-users of SQL Server.

      There is also Eolas' successful suit against Microsoft for Internet Explorer, which Anderer refers to.

      BTW, when Anderer says that MSFT has 50 patent lawsuits waiting in the queue, I read that as saying Microsoft will be the defendant in those suits.

    14. Re:Maybe because its early for me, but... by pcmills · · Score: 0, Offtopic

      Alot, he's the goatse.cx guy.

      --
      Ask Slashdot - google for stupid people.
    15. Re:Maybe because its early for me, but... by Anonymous Coward · · Score: 0

      every 10 mins when he needs to "reboot"

    16. Re:Maybe because its early for me, but... by Anonymous Coward · · Score: 0

      Who do you blame when a some script kiddie gets into your linux box with the latest redhat exploit?

    17. Re:Maybe because its early for me, but... by fatboy · · Score: 1

      Queen can't sue me for listening to or owning a Vanilla Ice CD, period.

      --
      --fatboy
    18. Re:Maybe because its early for me, but... by Anonymous Coward · · Score: 0

      No but maybe the Taste Police can. (just kidding, i have a few new kids on the block tapes somewhere)

    19. Re:Maybe because its early for me, but... by drinkypoo · · Score: 1

      Someone can sue IBM for code it got from CA but they have to prove that A> IBM knew it was doing something wrong and that B> they told IBM to stop it and IBM ignored them. Oh and C> CA would have to have code IBM was interested in.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    20. Re:Maybe because its early for me, but... by spitzak · · Score: 2, Insightful

      Person C definately has to stop distributing the code. Otherwise the original author's copyright is still being violated.

      If person C stops distributing the code, then your answer 2) is correct, they are not liable for anything. But, if person C starts complaining and refusing to comply then they are liable. Depending on what happens, person C could lose a lawsuit, or person C (perhaps a huge company with lots of lawyers) might haul the whole case back into court and get the original judgement thrown out.

    21. Re:Maybe because its early for me, but... by k_head · · Score: 3, Interesting

      Look he is wrong about a lot of things.

      He is wrong about the GPL. He confuses the GPL with "public domain". He feels that you "have to go after somebody". That last one is quite disturbing actually. Why do you have to go after somebody.

      This guy is an evil idiot. All he talks about is how great he is and how busy he is and how he knows so much and how us little old peons don't know what's really going on.

      Listen. If open source means guys like this will make less money then that's reason enough to support open source. If this guy is representitive of the enemies of open source then then we should have no problems convincing people to adopt open source.

      Just point to his letter and say "see you don't want guys like this running the world do you?"

      --
      The best way to support the US war effort is to continue buying American products.
    22. Re:Maybe because its early for me, but... by cdrguru · · Score: 1
      The issue is clear here. If Oracle puts some MS code (illegally) into their product and Oracle distributors and system integrators bundle it with systems, where does the liability lie? With Oracle, eventually.

      With Linux it might be possible to find someone that put the infringing code into the distribution, but if they are an individual you aren't going to get much from them, if anything.

      So, let's say that somebody puts out a Outlook clone for Linux that is picked up by every distribution there is and millions of copies of it end up in the world. Then, Microsoft announces that this really is Outlook code and they want $1 for each copy. Where do they get the millions from? The guy that put it in? Would they try to get it from Suse, Mandrake and Red Hat? Sure. And maybe, they would get it there. But probably they would have to send a bill to every Linux user on the face of the earth.

      That is what this guy is talking about.

    23. Re:Maybe because its early for me, but... by iminplaya · · Score: 1

      Wouldn't they just lay the old "recieving stolen property" thing on Person C? It seems you can get screwed by that no matter how innocent you are.

      --
      What?
    24. Re:Maybe because its early for me, but... by InternationalCow · · Score: 1

      Stop bending over then.

      --
      ----- One learns to itch where one can scratch.
    25. Re:Maybe because its early for me, but... by Anonymous Coward · · Score: 0

      cna yuo tyr to nto tyep so fats so mayeb yuo wlil splel moer accruatley?

    26. Re:Maybe because its early for me, but... by FatherOfONe · · Score: 1

      Yeah that just happened to me the other..... Oh wait, that never has happend!

      --
      The more I learn about science, the more my faith in God increases.
    27. Re:Maybe because its early for me, but... by arkanes · · Score: 1
      With physical goods, C has to return the goods to the police and get his restitution from A. C, unless he knew or should have known that his source was not legitimate, is NOT liable for any damages. I'm not sure how this translates into IP law, but I suspect that it does possibly open up C to some liability, unless he ceases use (and distribution, obviously) when B's ownership is proved. How much is questionable, but theres probably enough for a suit (IANAL, etc).

      The question here is whether or not his initial aquistion was unlawful, and I'm just not sure about that. I don't see anything in copyright law about aquiring unlawful copies, and to my knowledge nobody tracks down people who purchase bootlegs, only people who sell them. But that may just be a question of manpower and not the technicality of law.

    28. Re:Maybe because its early for me, but... by Anonymous Coward · · Score: 0

      Well... Proprietary software is resold as well. Actually, that's close to 100%. I don't think that's ever been a problem for resellers. If the upstream author has been found guilty of code theft, you probably have to stop distributing the code immediately. The GPL and zero-price software has nothing to do with this.

    29. Re:Maybe because its early for me, but... by Pharmboy · · Score: 1

      Wouldn't they just lay the old "recieving stolen property" thing on Person C?

      You mean "knowingly" receiving stolen property. That is the key. If you buy a TV from a store, and the owner had stolen it off a UPS truck, you are not liable for receiving stolen goods unless you KNEW it was stolen. Or it passes the "you SHOULD have known" or "a reasonable person" test. This is when you buy a TV in the box from the back of a truck for $12, a "reasonable person" would have concluded that it was stolen. If you received an item from a known source and a reasonable person would have assumed it was legal, then you are clear.

      When you download RH9 from redhat.com, it is reasonable to assume it is not stolen, thus you could not be liable for "knowingly receiving stolen goods".

      (IANAL, but I'm pretty sure on this one)

      --
      Tequila: It's not just for breakfast anymore!
    30. Re:Maybe because its early for me, but... by Pharmboy · · Score: 1

      Who do you blame when a some script kiddie gets into your linux box with the latest redhat exploit?

      That HAS happened to me, several years ago. I blamed ME for not doing a better job of securing my box (I was pretty new to linux at the time). Hasn't happened since. It was a DNS exploit.

      I have also installed a Windows 2000 box while it was connected to my router, and had it infected with Blaster before the install was done. I can't think of any similar experience with Linux, and I have installed literally HUNDREDS of boxes.

      --
      Tequila: It's not just for breakfast anymore!
  3. Think about how you vote this November. by Featureless · · Score: 4, Insightful

    I just know I'm going to get every partisan in the place foamed up by saying this, but the Clinton DOJ was actually pursuing the MS antitrust case, and the Bush people dropped it like a hot rock.

    IANAL but I know the industry, and so do most of you. Let's be realistic. MS basically got off with a "please don't do it again, OK?"

    And then they immediately started doing it again.

    The only way in the long run to stop this "compete with anything but quality and price" attitude is for the government to finally enforce the antitrust law. And that may only happen if you all vote .

    The Bush people seem perfectly happy with the Microsoft status quo. So, process of elimination...

    1. Re:Think about how you vote this November. by Anonymous Coward · · Score: 4, Insightful

      So who should I vote for?

      Its not as if the Clinton DOJ hasnt had its share of questionable policy.

    2. Re:Think about how you vote this November. by Anonymous Coward · · Score: 1, Insightful

      Can't answer that for you, but I have to say, from where I sit the Bush people were more questionable in their first year than Clinton's whole 8.

    3. Re:Think about how you vote this November. by Anonymous Coward · · Score: 3, Insightful

      I disagree.

      Janet Reno and John Ashcroft have done quite well trampling on civil liberties.

      Just because the main differences between the two are that one likes Microsoft and the other doesnt, does not make one better than the other.

    4. Re:Think about how you vote this November. by Alien+Being · · Score: 3, Funny

      Our government doesn't have time to deal with minor annoyances like MS. They have rights to abolish and wars to start.

      Bush deserves a lot more than being voted out of office. IMO, he's earned the right to be the first person to land a Navy jet on the Sun.

    5. Re:Think about how you vote this November. by Anonymous Coward · · Score: 1, Informative

      Your word's spellcheck thinks your computer is a potpie. How much time do you spend Downloading service packs and DELETING SPYWARE LIKE CLARIA. How about dividing the $179 saved on extra goodies such as scanners, multimedia and high end sound cards that are all autmogaically that I as a proud Linux user gets. You havent used linux you ignorant bastard, you deserve whats coming to you.

    6. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      trolling, it's true but still, mod parent up +1 funny!

    7. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      You're living proof how stupid M$ makes people. From
      dictionary.com
      # The offense of persistently instigating lawsuits, typically groundless ones.
      Feel less than intelligent. You should!! What would M$ do w/o morons like you.
      Typically OEM's add anywhere from $50-100 to the price tag.

    8. Re:Think about how you vote this November. by AllUsernamesAreGone · · Score: 1

      Nah, I can think of something much better than that. He should be made to serve the time he went AWOL, plus interest, on the most dangerous front line the US army has, using standard issue kit and no special treatment.

      Then see how he likes being sent out to die.

    9. Re:Think about how you vote this November. by danheskett · · Score: 5, Interesting

      I just know I'm going to get every partisan in the place foamed up by saying this, but the Clinton DOJ was actually pursuing the MS antitrust case, and the Bush people dropped it like a hot rock.

      To be fair, Bush campaigned openly that he'd instruct the DOJ to seek a settlement. And, to be fair as well, there is a high likelihood that the anti-trust action was brought as a political move, rather than one based on law. That's not to discount the legal merits of the case, but that's the reason the case was brought. Most of the evidence supports the idea that Sun, AOL/Netscape, and other hi-techs with *vast* lobbying efforts in Washington DC consistently lobbied for a harsh line against MS. Both Clinton and Al Gore personally appealed to higher ups during the Clinton re-election for campaign donations - and both were refused. Until this point, MS had no widescale lobbying program, no nationwide political agenda, and no significant history of donations or involvement in DC politics. Not long after the Clinton re-election did the real meat of the DOJ attack start. The strongest likelihood is that MS was being punished for being politically neutral. The result? Now MS learned that lesson and in less than 10 years has the most well-funded lobbying operation in history. Go figure.

      IANAL but I know the industry, and so do most of you. Let's be realistic. MS basically got off with a "please don't do it again, OK?"

      There is another aspect you might have missed. The DOJ was going for a breakup. Ruling after ruling the DOJ was rebuffed on this issue, at one point the judge saying basically "it ain't ever going to happen with this case". At that point, the DOJ "lost" in terms of public perception. They lost the case by not winning their chosen punishment. Any penalty tha the point was moot - as we know, MS can work around any wording no matter how clever.

      The only way in the long run to stop this "compete with anything but quality and price" attitude is for the government to finally enforce the antitrust law. And that may only happen if you all vote .

      The problem is now, there isn't a reasonable tech saavy person around who can argue that Windows still has a monopoly hold on any market. Linux is an equal or superior product in every possible way, without exception, without question, period. There is nothing MS can do to stop its growth, and its plain as fact for everyone to see. MS is fighting a holding battle as of now. And any future action would require first that MS be proven a current monopoly. Between Linux, MacOSX, and misc. products, it is MOST highly unlikely that MS would face any significant challenge.

    10. Re:Think about how you vote this November. by dbc001 · · Score: 5, Informative

      I think it's time to start calling your local attorneys general and suggest that they work on anti-trust proceedings against microsoft again. am i correct in assuming that these sorts of actions start at the attorneys general? my impression is that some of these guys are actually out to defend us, so if we give them a barrage of phone calls maybe they will look into it. Here's where you can get some contact info.

    11. Re:Think about how you vote this November. by lunenburg · · Score: 4, Insightful

      The problem is now, there isn't a reasonable tech saavy person around who can argue that Windows still has a monopoly hold on any market. Linux is an equal or superior product in every possible way, without exception, without question, period. There is nothing MS can do to stop its growth, and its plain as fact for everyone to see. MS is fighting a holding battle as of now. And any future action would require first that MS be proven a current monopoly. Between Linux, MacOSX, and misc. products, it is MOST highly unlikely that MS would face any significant challenge.

      This isn't necessarily directed to you, but to a misconception I've seen over and over again.

      You don't have to have 100% market share to have a monopoly.

      That's not me talking - that's the US Supreme Court. Just because Linux and MacOS exist doesn't negate the fact that Microsoft has a monopoly on desktop computer operating systems. True, one could argue that they do not have a monopoly in the server room, but they still have one on the desktop. And they use that desktop monopoly to try to extend their reach into other areas, which is what ran them afoul of antitrust laws.

      Part of having a monopoly in an area is that you get to dictate the terms in that area. Aside from the Mac, which does not by its existance negate the desktop monopoly, Microsoft names the terms by which the desktop market operates. Their browser quirks define what an acceptable webpage is, not standards. Their document formats define what people use in the office. Their media formats, increasingly, define what people listen to.

      That's their monopoly. Not the fact that Joe Hacker runs KDE at home.

    12. Re:Think about how you vote this November. by jr87 · · Score: 3, Insightful

      really Clinton trashed the economy? and I thought I heard something about the budget being balenced...I even heard some talk of a surplus... I do admit that the DMCA signing was bad but Bush IMO has done very little good for his 4 years so I say OUT.

    13. Re:Think about how you vote this November. by tepples · · Score: 5, Interesting

      Linux is an equal or superior product in every possible way, without exception

      Even with respect to driver support for more recent desktop peripherals? My scanner didn't come with a SANE driver on its CD, and there exists no such driver in SANE CVS either.

    14. Re:Think about how you vote this November. by IamTheRealMike · · Score: 5, Insightful
      The problem is now, there isn't a reasonable tech saavy person around who can argue that Windows still has a monopoly hold on any market.

      No offence, but what mad weed are you smoking? Windows isn't a monopoly even though it runs roughly 95% of desktop computers?

      You don't have to have 100% marketshare to be a monopoly. Simply saying "now there is an alternative, kind of, for some people, if they're willing to do complex and expensive migrations means Windows doesn't have a monopoly" is one of the most incredible pieces of doublethink I've seen for along time.

    15. Re:Think about how you vote this November. by Masem · · Score: 5, Insightful

      Not only is it important that MS is recognized to have a monopoly, but that there is nothing legally wrong with having a monopoly as long as you are playing fair in the market and maintain the monopoly without interferring in the market. However, once you try to use your monopoly position to prevent entry to the market or to squeeze others out of it, or otherwise use the monopoly position to maintain that position, then it's considered to be a illegal practice, which is what the cruft of the MS trial was about.

      --
      "Pinky, you've left the lens cap of your mind on again." - P&TB
      "I can see my house from here!" - ST:
    16. Re:Think about how you vote this November. by hak1du · · Score: 2

      And, to be fair as well, there is a high likelihood that the anti-trust action was brought as a political move, rather than one based on law. That's not to discount the legal merits of the case, but that's the reason the case was brought.

      Your argument is twisted. If there is an anti-trust suit that is justified, this is it. Clinton did what is right in this case, period.

      You are trying to spin an argument like "Bush didn't pursue the lawsuit because it was politically inconvenient for him, therefore if Clinton does bring it now and does the right thing, Clinton's actions are politically motivated". Nonsense. The only thing that is politically motivated is not following the law; enforcing the law does not need any justification or explanation.

      The problem is now, there isn't a reasonable tech saavy person around who can argue that Windows still has a monopoly hold on any market. Linux is an equal or superior product in every possible way, without exception, without question, period. There is nothing MS can do to stop its growth,

      Whether MS actually has "a monopoly" or not is not relevant. MS is, as they always have been, using their market position to exclude competitors--for a company of Microsoft's size and power, that is not acceptable.

      In different words, it doesn't matter whether there exist credible competitors and it doesn't matter whether Microsoft's marketshare is 90% or 99%. What matters is Microsoft's business practices. As long as Microsoft's business practices are monopolistic, they are behaving illegally. It just happens to be the case that below a certain market share, monopolistic practices don't pay, but obviously Microsoft hasn't sunk to that marketshare yet.

    17. Re:Think about how you vote this November. by AlphaWolf_HK · · Score: 2, Interesting

      really Clinton trashed the economy? and I thought I heard something about the budget being balenced...I even heard some talk of a surplus... I do admit that the DMCA signing was bad but Bush IMO has done very little good for his 4 years so I say OUT.

      FWIW, clinton rode the dot-com bubble, during which there were heavy spending and investments, and the economy was moving right along. Its no surprise that there would be a surplus in this case. However, the economy began to drop just as the dot-com bubble burst. The dot-com bubble in itself left several unemployed when it popped, and it didn't help when those people had no money to spend into the economy, resulting in more jobs being lost. Bush happened to come into office just after the crash, so by causality alone, everybody blames the bad economy on Bush taking office.

      In case you didn't notice, clinton drafted several things that did pose a threat to our economy, and we are just now feeling the effects of. Want a good example? Try NAFTA.

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    18. Re:Think about how you vote this November. by RetiredMidn · · Score: 2, Insightful
      I just know I'm going to get every partisan in the place foamed up by saying this, but the Clinton DOJ was actually pursuing the MS antitrust case, and the Bush people dropped it like a hot rock.

      IANAL either, and I can be get pretty worked up about how much I detest Microsoft, but as much as I wanted Microsoft to lose, it was pretty obvious the antitrust case was going nowhere. The process moved way too slowly, and the business conditions were changing out from under it (i.e., the companies Microsoft strangled were all dead).

      IMNSHO, the DOJ weakened their case by trying to simplify it. They picked one or two issues to concentrate on, for somewhat rational reasons, but, as a result, failed to convey just how pervasive Microsoft's anti-competitive actions were. All Microsoft had to do was cast doubt on whether the few actions that were highlighted were all that egregious, or whether other market dynamics contributed to the result, and there was nothing left to pursue.

      Furthermore, all the stuff the DOJ omitted is now old news; it would be hard to use it in a new case, because the question would be asked as to why it wasn't brought up before.

    19. Re:Think about how you vote this November. by Anonymous Coward · · Score: 3, Insightful

      "And, to be fair as well, there is a high likelihood that the anti-trust action was brought as a political move, rather than one based on law. "

      Have you actually read the ENTIRE anti-trust trial transcript? Ok....maybe I have no life, but I DID read it. No intelligent person could have read that transcript and not derived from it the fact that Microsoft is one of the most corrupt, deceitful, predatory, and ILLEGAL monopolies ever in existance.

      "There is another aspect you might have missed. The DOJ was going for a breakup. Ruling after ruling the DOJ was rebuffed on this issue, at one point the judge saying basically "it ain't ever going to happen with this case". "

      Actually, the truth is a bit different. There was a STRONG probability that Microsoft would have been broken up UNTIL Bush got into office and tossed the original judge off the case because he listened to the PILES of evidence over MANY years and came to the conclusion that Microsoft a huge pile of lying dung. (ok...not in so many words) THEN Bush and Co. said that he was biased. Who in hell wouldn't build up a bias after HEARING THE FACTS and then JUDGING? Isn't that a JUDGES job? To pass judgment? He was tossed out and then Bush stuck a "bought and paid for" judge in to do his bidding. The rest is history.

      "The problem is now, there isn't a reasonable tech saavy person around who can argue that Windows still has a monopoly hold on any market."

      Oh yea? Tell that to all the people that design for the web. More and more websites are flooding the web with Active-X code that locks out any other platform except Windows. Once web standards are polluted by MS, all other platforms will be nearly powerless to demand real standards.

      I for one have been writing my state's AG and the USDOJ for the past 3 years and have gotten NO WHERE. IT IS UP FOR US to vote MS's dominance down in November.

    20. Re:Think about how you vote this November. by FauxPasIII · · Score: 5, Insightful

      > Even with respect to driver support for more recent desktop peripherals? My scanner didn't
      > come with a SANE driver on its CD, and there exists no such driver in SANE CVS either.

      Rather than just stating that it doesn't, think about why it doesn't. Is
      it because of the technical superiority of Windows? Or the superior innovation
      coming out of Microsoft? Do you think they wrote all those drivers themselves?

      Or, is it because the Windows monopoly is, like most monopolies, self-perpetuating?
      Since they have the monopoly, not only do the realities of the market make it
      more likely that Scanners, Inc. will write a Windows driver before, or perhaps
      to the exclusion of all others; it also means that Microsoft is in a position to
      illegally abuse their monopoly by REQUIRING that Scanners, Inc. play by MS's
      rules if they want their scanner to work on Windows at all.

      The playing field is not level at all, as should be obvious. Vendors bend over
      backwards to make their devices work within the bizarro world that is Windows.
      Counterwise, most of them expend no effort whatsoever, often denying even
      basic documentation that would cost them nothing to provide, to the development
      of Linux drivers. The very existence of drivers for ANY sufficiently complex
      devices is a small miracle, and should be taken as testament to the innate superiority
      of Linux and her developers.

      Once the Windows stranglehold is broken, just you sit back and watch what Linux
      turns into when the playing field is leveled.

      --
      25% Funny, 25% Insightful, 25% Informative, 25% Troll
    21. Re:Think about how you vote this November. by Directrix1 · · Score: 0, Flamebait

      Exactly what "jet" can operate in a vacuum. Its creating a jet of what?

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    22. Re:Think about how you vote this November. by seguso · · Score: 1
      Their browser quirks define what an acceptable webpage is, not standards. Their document formats define what people use in the office. Their media formats, increasingly, define what people listen to.

      How true. If only they used that influence to promote good technologies (say Mercury.Net, Haskell.NET)... instead they condemned the whole industry to stick to an outdated technology for another 10 years.
    23. Re:Think about how you vote this November. by kryocore · · Score: 1, Insightful

      Follow the crowd, my friend. At least Bush makes it clear where he stands, and sticks to it. I wouldn't have been able to buy a house if it weren't for him. If Gore was elected, I'd be paying mega$$$ in taxes and couldn't afford a down payment. I beleive that the economy will be strengthened by Bush's work, you just don't see it right away(ever excersized? You get weaker when you work out before you get stronger). Then when someone else comes in, and the economy gets good from Bush's doings, the next guy gets the credit. I think this last lul is due to Clinton's destructive habbits. Some people see the truth, and those ones will be set free.

    24. Re:Think about how you vote this November. by DAldredge · · Score: 1

      NAFTA was BOTH parties baby. It wasn't just the D's fault.

    25. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      Great post, but just as a minor pick, I think you meant "crux" instead of "cruft".

    26. Re:Think about how you vote this November. by Zordas · · Score: 1

      well said. I couldn't agree more.

    27. Re:Think about how you vote this November. by TobiasSodergren · · Score: 1

      The other sock in the washing machine, pencils, remote controls and other stuff that sometimes vanish from the surface of the earth. My bet is that they end up in space.

    28. Re:Think about how you vote this November. by vogon+jeltz · · Score: 1

      Amen, sister/brother!

      Mod parent up!

    29. Re:Think about how you vote this November. by Monkelectric · · Score: 1
      I'd be paying mega$$$ in taxes and couldn't afford a down payment.

      I love how a mortage turns people into republicans. Hey asshole, the loan for that tax cut is a mortage against your childrens prosperity. How does that feel?

      --

      Religion is a gateway psychosis. -- Dave Foley

    30. Re:Think about how you vote this November. by spectecjr · · Score: 2, Informative

      Rather than just stating that it doesn't, think about why it doesn't. Is
      it because of the technical superiority of Windows? Or the superior innovation
      coming out of Microsoft? Do you think they wrote all those drivers themselves?


      They did for a huge chunk of the earlier drivers, yes. IIRC, Windows 95's drivers were initially all written by Microsoft - or at least a huge chunk of them were.

      --
      Coming soon - pyrogyra
    31. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      The Microsoft lawsuit was the inspiration for the SCO lawsuit. It accomplished the same thing that the Apple "look and feel" lawsuit and the IBM anti-trust action did: NOTHING. It just made the lawyers rich, slowed the judicial system to a crawl, and wasted lots of other people's money. Now the software world is more obsessed with lawsuits than developing new software, so I'd like to thank the lawyer$, the players at the former Clinton DOJ (ooh, gotta love that clipper-chip technology), and the slobbering anti-Microsoft zealots who helped make this possible. Blame Bush? Sure, if you're the sort of idiot who thinks he's contributing to society by hating any sitting Republican president.

    32. Re:Think about how you vote this November. by Alien+Being · · Score: 2, Insightful

      A candidate who would take big business to task? Easy... Ralph Nader.

    33. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      The lawsuit was going nowhere even before Bush got into office. Microsoft is just as powerful as before, twice as rich, and even more eager to kill off the competition. Only now they've learned how to do it through fucked-up US patent and copyright laws or just good-old fashioned endless frivolous lawsuits. Blame the corporations for doing what's in their own interests? No. Blame the politicians who empower the lawyers and put judges on the bench. Blame the goddamned voters who will elect any demagogue as long as the milk keeps flowing from the teet.

    34. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0
      Hey asshole, the loan for that tax cut is a mortage against your childrens prosperity. How does that feel?

      And "soak the 'rich' and 'corporations' while complaining about outsourcing" is such a wonderful economic policy.

      Tell me, how does it feel to be able to survive without higher brain functions?

    35. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      Your vote means nothing, though. Vote or don't vote, it won't make a difference either way.

      What really matters is how your electoral representative votes. And even then your vote means nothing. If most people vote your way, then your guy will get the elector's vote. If it's split, the elector will decide. Either way, your individual vote doesn't matter.

      And even if Bush is dethroned, keep in mind that his Democratic opposition was his frat brother at Yale. What they say in public and what they say chatting on the phone are not likely the same thing. You can't escape corporate ownership in politics by voting for the other guy, because the only effect it will have is to spur the corporate sugar daddies to start putting money in the other sides' pockets.

      As for enforcement, that's always done by unelected officials. Democrat or Republican, expect antitrust law to be more influenced by the peccadilloes of the individual enforcers and their under-the-table patrons than it will ever be by the actual letter of the law. cf. FCC, INS, DHS, CIA, etc.

      Linus has done an excellent job fighting Microsoft's monopoly without needing to resort to fantasy notions of citizens' effects on politics, and without whining. You can either put in effort and fight MS by competing against it through OSS, or you can rest on your laurels and expect whichever goon you elect into office in November to handle things for you. One way gets things done, one way gets people disappointed. You choose.

    36. Re:Think about how you vote this November. by condosolon · · Score: 2, Interesting

      It is the Democrats that are in bed with the Trial Lawyers. It is the Trial Lawyers that getting rich out of this industry destroying legal mess that is copyright/patent law.

    37. Re:Think about how you vote this November. by starm_ · · Score: 1

      USA is not the only country doing technology. Why were the other countries not nearly affected as much?

    38. Re:Think about how you vote this November. by kryocore · · Score: 1

      I am sorry that you don't have a job, my regards. And no, it's not cutting into their prosperity, because me having a mortgage will allow them to live a better (than an apartment rental) life by me being able to pass something along to them.

    39. Re:Think about how you vote this November. by StalinJoe · · Score: 2, Interesting

      Who YOU vote for is irelevant.

      I guess you haven't been following much of the electronic voting initiatives. The simple fact is that if you find yourself at an electronic voting booth, you will (by merely showing up) have cast your vote for GWB.

      I think I'll vote republican this time. Our system actually needs to get significantly worse before people will get their lasy butts off the couch and throw a molitov cocktail at the nearest judge/preacher/politician.

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." - Josef Stalin
    40. Re:Think about how you vote this November. by starm_ · · Score: 1

      Well then you could have went into a high dept yourself instead having the goverment force the dept on you. If you though that was better for your children...

    41. Re:Think about how you vote this November. by michael_cain · · Score: 1
      The problem is now, there isn't a reasonable tech saavy person around who can argue that Windows still has a monopoly hold on any market.

      What about economics savvy? Not that I'm claiming to have much of that, but name one Windows competitor that has successfully entered the market in the past ten years without the donation of $2B+ of free, highly-skilled labor (my own guess at what's gone into Linux). MacOS is older than that, OS/2 and BeOS are gone, Solaris, HP/UX, AIX and the other UNIX variants are not marketed as mass market desktop products, and the BSD variants were also heavily dependent on donated labor. MS's profit margins on Windows are the envy of every business in the world -- there should be dozens of new competitors. The fact that there are not indicates the scale of the barriers to entry: few software companies could afford the development bill for a competing OS; few software companies could be successful due to the lack of applications for their new platform; few companies could continue to compete if MS introduced copies of any innovative features that differentiated the product from Windows.

      It may turn out that Linux will eventually be a successful competitor on the desktop. Successful, in this case, meaning sufficient penetration that MS is forced to reduce their prices. It has happened in some places -- eg, Thailand -- but the cases I know of required government intervention of some sort. During the last antitrust trial, evidence was introduced that suggested MS could sell Windows for $50 (quantity one at retail) and still make a profit -- Linux is successfully competing when MS's prices begin to approach that level.

    42. Re:Think about how you vote this November. by kryocore · · Score: 1

      No government forced any "debt" on me, I chose to obtain a mortgage on my free will, and was only able to do so due to the large tax relief. (Closing costs suck)
      It works like this. One has 2 options (for simplicity):
      1: rent an apartment your whole life and never own it and be subjected to the landlord's rules of living, or
      2: Buy a house which costs a little more but you end up owning it and have something to sell later on, and you can choose how you live because you are the landlord!
      I have no idea why the above comment got +1 moderated since it has no basis of an argument and contains miss-spellings.

    43. Re:Think about how you vote this November. by Anonymous Coward · · Score: 1, Funny

      Too expensive. Let's just dump him in a sewer, and say he landed a jet on the sun.

    44. Re:Think about how you vote this November. by spongman · · Score: 1

      it doesn't really have anything to do with monopoly, it's just simple market economics. i'd say driver availability pretty much follows relative market share.

    45. Re:Think about how you vote this November. by gandy909 · · Score: 1

      "...And any future action would require first that MS be proven a current monopoly..."

      I believe you are incorrect on this. 'Current' makes no difference. The fact that they have already been convicted of being an 'illegal monopoly', if that is actually the correct term, means that they are required to, FROM THEN ON, operate under a completely different set of rules than all the other businesses out there. At least until the Court rules otherwise.

      --

      (Stolen sig) Remember: it's a "Microsoft virus", not an "email virus", a "Microsoft worm", not a "computer worm
    46. Re:Think about how you vote this November. by beeblebrox87 · · Score: 3, Informative
      IANAL, but actually, strictly speaking, just having a monopoly (without special government licensing and regulation) is still a felony.

      USC Title 15, Chapter 1, Section 2: Monopolizing trade a felony; penalty

      Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court


      This is rarely enforced, however, as such cases often end up being very difficult and time-consuming to prosecute (e.g. see US vs. Alcoa, 1945). The law has, however, been upheld by courts in the past, notably in US vs. Standard Oil (1911) and US vs. DuPont (1956).
    47. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      You would be suprised how brilliant the OSnews.com Microsoft zealots argue about this. Really, it is so DAMN funny that i read those 1 day after i read a Longhorn blog from a MS developer. They're using the EXACT same arguments. Are these people actually trained to entitle "their" opinion???

    48. Re:Think about how you vote this November. by mumpster · · Score: 1

      Hm...Is it Canon D646 or what?8)
      I've got polite deny to my plea to Canon support to give me an appropriate docs sufficient to make the driver by myself.

    49. Re:Think about how you vote this November. by Spoing · · Score: 1
      1. They did for a huge chunk of the earlier drivers, yes. IIRC, Windows 95's drivers were initially all written by Microsoft - or at least a huge chunk of them were.

      Not to be too harsh, though, how many months did that last?

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    50. Re:Think about how you vote this November. by mumpster · · Score: 1

      > Counterwise, most of them expend no effort
      > whatsoever, often denying even
      > basic documentation that would cost them nothing
      > to provide, to the development
      > of Linux drivers.
      Completely agreed.:(
      Those greedy corps have no idea what they'll lose.;-)
      I've got Canon D646 scaner "by accident" with no PSU and with very big rebate.
      I had email exchange with its support. Nice people but no avail for me. Canon as trademark makes me unhappy (neither "native" drivers nor willing to somehow support zealots) so I choose Xerox as printer brand (they even have native Linux drivers!) and Olympus as camera brand ('cos their cameras are operating in usb-storage mode, native for Linux). Though I was initially ready to deal somehow with the driver issue (including NDA and time to master SANE's C-code) and had plans for Canon's printers and cameras. No way for Canon now.;-(

    51. Re:Think about how you vote this November. by mt_nixnut · · Score: 3, Insightful
      You seem to be in the camp that believes that all corporate graft began 3 years ago. Corporations like Enron did not prosper in the Bush years but in the Clinton years. In fact the news since Martha has been a beehive of accusations against this administration for (I guess) "picking on" these high profile people. However, I have been told that these are the people that the bush administration favors. I guess this fits in the same logical framework as that Bush == evil mastermind and conspirator/village idiot paradigm I hear so much about these days.

      It has been said often that America has the best government that money can buy. If it makes you sleep better to think that Kerry represents somethings else go for it. But his record will certainly not help you prove it. Bush hatred != answer. It is simply a knee jerk and in my experience residual pouting from the last election because people actually don't like the laws regarding the resolution of close elections and the electoral college. If you don't like it try to change it but no does because we all realize that next time the same laws could work in our favor.

    52. Re:Think about how you vote this November. by Admiral+Burrito · · Score: 1
      The DOJ was going for a breakup. Ruling after ruling the DOJ was rebuffed on this issue, at one point the judge saying basically "it ain't ever going to happen with this case". At that point, the DOJ "lost" in terms of public perception.

      They were not rebuffed. They even had a ruling ordering a breakup! But that did not survive appeal. Not because a breakup was inappropriate, but because the judge in the case spoke out, and the appeals court claimed that it was inappropropriate and he was expressing bias. They didn't throw out the idea of a breakup, only the specific ruling; not because of what it ordered, but because the judge expressed bias. After that, there's no reason the DOJ couldn't continue to persue a breakup order; just because the judge supposedly exprpessed bias does not automaticly mean his ruling was wrong, it simply means they need an unbiased judge to make a new ruling.

      But then the Bush administration instructed them to settle. That completely blew away any chance of a breakup.

    53. Re:Think about how you vote this November. by Ogerman · · Score: 2, Insightful

      it's just simple market economics. i'd say driver availability pretty much follows relative market share.

      Except that the "relative market share" here was not determined by market economics. Monopoly is still the driving force even if hardware manufacturers are only doing what economically "makes sense" to them. Incidentally, there is virtually no cost in releasing complete hardware documentation so that alternative drivers can be written. And yet most hardware companies still do not do this -- many still refuse, others release partial documentation that only allows basic functionality. This is the reason why many Linux/BSD drivers are so behind. Of course, in some cases, it would be ideal for the hardware manufacturers to help out with open driver development because so much is at stake for them. Video drivers come to mind because the volume of sales is significant. (ie. just about everybody buys either ATI or NVidia chips)

    54. Re:Think about how you vote this November. by tepples · · Score: 1

      Microtek Scanmaker 4850.

      I've got polite deny to my plea

      Then use the rebate money toward hosting for a "Boycott Canon" web site.

    55. Re:Think about how you vote this November. by starm_ · · Score: 1

      "No government forced any "debt" on me, I chose to obtain a mortgage on my free will, and was only able to do so due to the large tax relief."

      Yes it did. The tax relief is a dept the government now has. It's a dept in your name and in the name of everyone who profited from the tax relief.

      Your children and everyone elses will have to pay for that debt.

      Now I'm not sure that is a bad thing. Its nice that the government is subsidising basic needs like food sheltering etc... I do believe there are other places the government can cut, and have higher taxes.

      But the goverment debt will have to be repayed someday in some way...

      Sorry about my mispelling, english is not my first language.

    56. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      It isn't Clinton's lackeys that need voting out this time around. Just remember that.

    57. Re:Think about how you vote this November. by simon_aus · · Score: 1

      Linux driver support does/should drive some of us to choose one product over another if specs are basically similar. This can only help accelerate linux as an economic force and encourage vendors to provide driver support. The problem is they will most likely be binaries with associated problems with kernal upgrades.

      I haven't tried on my Debian box but plugged my Canon PowerShot camera into my Laptop running Mandrake 9, fired up the included camera app, and presto. A while ago now but no problems there.

      --
      Stopping myself...Abort (core dumped)
    58. Re:Think about how you vote this November. by Anonymous Coward · · Score: 1, Interesting

      ... The strongest likelihood is that MS was being punished for being politically neutral. ...

      I really doubt this theory. What is the best way to make a neutral entity to side with your opponent other than using threats and extortion? I really doubt that Democrats are that stupid to do that, especially to a company with a huge financial power. That is like handing the Republicans 10 years of Christmas gift in one day.

      It makes more sense that, having learned that Clinton's DoJ were out for blood and knew that the Republicans (especially, Bush's Republicans) side with big corporations and the wealthy (there is no argument about this. Anything from tax cut to EPA regulations point to this), Microsoft made sure that Bush got their campaing support in the election. It wasn't a secret either that MS hoped to draw out the lawsuit so that it extended to after the election.

      I am not saying that Democrats are totally clean, but the new Republican officials (i.e. not you Republican individuals) are as dirty as a clogged sewer. They sicced the independent counsel over a cigar in an intern and yet where is the independent counsel in the matter of outting a CIA operative (that is national security, is it not? Something that Bush touts everyday?)?

    59. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      Actually, the truth is a bit different. There was a STRONG probability that Microsoft would have been broken up UNTIL Bush got into office and tossed the original judge off the case because he listened to the PILES of evidence over MANY years and came to the conclusion that Microsoft a huge pile of lying dung. (ok...not in so many words) THEN Bush and Co. said that he was biased. Who in hell wouldn't build up a bias after HEARING THE FACTS and then JUDGING? Isn't that a JUDGES job? To pass judgment? He was tossed out and then Bush stuck a "bought and paid for" judge in to do his bidding. The rest is history.

      Maybe instead of reading entire court rulings you should pay attention to the news in general. In other words maybe you should try breadth instead of depth.

      It was the Supreme Court who decided that Jackson was biased. It was not Bush.

      Another common complaint about Bush is that he ended the case against MS. The truth is that it was really the states that pushed all along for going to trial - even when Clinton was in power. There's a good book called World War 3.0 that goes over the entire trial. And it discusses the settlement talks BEFORE the original verdict, while Clinton was still in power. The US Gov't was ready to settle with Microsoft, but the states stopped it.

      But don't get me wrong, Bush sucks.

    60. Re:Think about how you vote this November. by Anonymous Coward · · Score: 1, Insightful

      You are too wise to be posting to Slashdot...

      Also worth noting: While the Bush administration may have dropped the MS lawsuit, the Clinton gang (including SCO attorney David Boies) won a marvelouslly toothless victory. If the conservative path is paved with bad intentions, the liberal path is paved with good intentions -- the same pavement used on the proverbial road to Hell.

      And, if you're really cynical, you just might see American liberalism for what it really is: A relentless cycle of paying people a pittance to remain poor and stay ignorant. Then blame corporate greed -- not bureaucracy and poorly conceived public programs -- for the mess you make.

      Long live libertarians and other independent (and usuall logical) thinkers.

    61. Re:Think about how you vote this November. by kryocore · · Score: 1

      The debt is not as bad as it is made to look like. If you look at the dollar abount, it looks bad, but you have to realize, that $1 from 2004 != $1 from 1929.
      Also, there are government services/agencies that end up closing/reducing services due to tax cuts, it's not just a loan. Most of the loan comes from the war on terror, the government creating new agencies, and "accounting problems". My personal feelings are that the taxes should be lowered, and instead of taxing us elswhere, the government should eat it, not in debt either, but by cutting un-needed services like tree-hugging services and protect the wildlife crap. I grew up in Rural Washington and I am sick of it costing 14 billion dollars to do an envirnmental study on the ecological habital of the grasshopper, or not being allowed to build a dock in your front yard because it keeps the fish from spauning. This is not money well spent.

    62. Re:Think about how you vote this November. by AlphaWolf_HK · · Score: 1
      USA is not the only country doing technology. Why were the other countries not nearly affected as much?

      Simple, most of the top players of the industry are based here. AOL, sun, microsoft, ibm, and countless others that all add up. Like it or not, the internets' infrastructure is largely based around the US.

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    63. Re:Think about how you vote this November. by nickos · · Score: 1

      In a first-past-the-post system like the one employed in the US, a vote for any party other than the 2 front runners is a wasted vote. Until you get a system where everyones votes count (such as proportional representation) you must effectively vote against which of the 2 front runners you dislike most.

    64. Re:Think about how you vote this November. by pato+perez · · Score: 1
      If you feel this way, why not then vote for Nader? That way you can protest and help give the election to the Republicans at the same time.
      "I think I'll vote republican this time. Our system actually needs to get significantly worse before people will get their lasy butts off the couch and throw a molitov cocktail at the nearest judge/preacher/politician."
      Nader said this in effect last time around. Even if he did cause Gore to lose, it would make things better in the long term, since the Democrats and Republicans aren't that far apart from each other from his point of view.

      After four years of a nasty, conservative Bush administration, Nader thought people would go running back towards the progressive end of the spectrum. It's sorta like the pendulum is stuck and giving it a hard shove to the right will make it swing back even farther to the left, eventually.

      Frankly, I think Bush, Inc. is way worse than Gore or Kerry or any other Democrat would be. Pursuing a personal military agenda against Iraq, rather than (or as a distraction from) truly pursuing terrorists and finishing the job they started in Afghanistan. Destroying the economy. Destroying the environment. Replacing scientists with political hacks in agencies that determine policy. Etc. But that's just my opinion.

    65. Re:Think about how you vote this November. by spongman · · Score: 1

      most manufacturers do not release details of their hardware (or open source drivers) because in most cases they do not own all the technology they would be releasing. In most cases part of the technology is licenesd from other companies.

    66. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      Whoa. This is Slashdot, they can't handle the truth like that.

      ATTENTION SLASHDOT READERS: Please ignore the parent post. You may resume smoking weed and masturbating in front of your Che Gueverra poster now.

    67. Re:Think about how you vote this November. by pod · · Score: 1
      No government forced any "debt" on me, I chose to obtain a mortgage on my free will, and was only able to do so due to the large tax relief.

      It's only a 'tax relief' for a few years. After a while, the 'tax relief' is irrelevant, as people are able to afford bigger/more expensive houses and drive up real estate prices, because, hey, this 'tax relief' lets me do that! Well, guess what, it lets everyone else do that too, and I wonder what happens to prices when people can't outbid each other fast enough?

      --
      "Hot lesbian witches! It's fucking genius!"
    68. Re:Think about how you vote this November. by tiger99 · · Score: 1
      All very well, but you US citizens did not vote for that mentally deficient warmonger that you have in the White House now. You do not legally have a president right now. The election was a farce, and it looks set to be an even bigger farce next time round, with voting machines being run by M$ software, and all sorts of other horrors.

      Just make sure that the other guy has such a decisive majority this time that the inevitable attempts at election rigging will not succeed.

    69. Re:Think about how you vote this November. by Master+of+Transhuman · · Score: 2, Insightful

      > It was the Supreme Court who decided that
      > Jackson was biased. It was not Bush.

      Er, the same Supreme Court that got Bush elected with a minority of the vote?

      And Jackson GOT biased by hearing Bill Gates hem and haw in his taped testimony, and watching Microsoft lawyers tamper with the videos produced as evidence in court.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    70. Re:Think about how you vote this November. by Cryogenes · · Score: 2, Funny

      IMO, he's earned the right to be the first person to land a Navy jet on the Sun.


      And if he worries that it might be too hot, let's just tell him he can go at night.
    71. Re:Think about how you vote this November. by starm_ · · Score: 1

      You are right about the debt but I have to say it is still really frigin huge and still growing.

      You exagerate wildly about the grasshopper study. But I get your point. Although I am convinced that killing the natural ressources is another kind of debt. Everything we own comes from nature, directly or indirectly. The water, the air, and the wildlife is getting in pretty poor condition. Think about the fact that your lungs are a mean to get the air into you blood and that everything that goes into the air pretty much goes directly into your bloodstream. The atmosphere is only ten kilometers deep that's not that much air.

      Water can be filtered but at a high cost. Food can be mass produced to a certain degree, but there is all kind of problems that make it not sustainable.

    72. Re:Think about how you vote this November. by Wah · · Score: 1

      Corporations like Enron did not prosper in the Bush years but in the Clinton years.

      Ha, it was Bush's Texas that served as the major incubator for the Enron fiasco. They were down there, lying their asses off, for years under Bush. See who his biggest campaign contributor for 2000 was.

      You other rhetoric is all well and good, and Bush is bad enough to justify a direct anit-vote. This is the first I'll vote for a Democrat in 4 presidential elections.

      Nader got my vote last time, but there's not way that jackass is getting it this time. There ain't a lot of difference between the mainstream elements of both parites, but there is a damn slight bit of difference between the Neocons and sane leaders.

      --
      +&x
    73. Re:Think about how you vote this November. by gandy909 · · Score: 1

      It it only a debt if the people in charge do not CUT SPENDING to make up for it. Face it, if you suddenly took a significant pay cut at your job, you would simply SPEND LESS.

      --

      (Stolen sig) Remember: it's a "Microsoft virus", not an "email virus", a "Microsoft worm", not a "computer worm
    74. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      So a company will be punished just because they have no competitors? That's rediculous.

      A monopoly in and of itself is not illegal. Rather, it's the abuse that follows in order to mantain and extend the monopoly in other sectors. That is what MS should be found guilty of.

    75. Re:Think about how you vote this November. by starm_ · · Score: 1

      Whatever you want to call it. It's money you don't have that you would have otherwize.
      It directly contributed to the debt.

      And the government doesnt't work that way. It doesn't look at what it has for the year and say okay I can spend this much.

      It can justify this by saying something like: "I will spend this money I don't have but I expect the effect of spending that money will make the economy better and in the long term It will increase my profit at lease as much as I payed."

      Obviously it is hard to estimate so the decision makers often make mistakes.

    76. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0
      • Cutting taxes without cutting services... by borrowing money.
      • You guys will learn math the hard way, I'm afraid.
      • mega$$$$ in deficit and debt will play a big part in whether or not you get to keep that house.
      • Your goofy analogy won't convince me... but, seriously, say why you think the economy will get better?
      • All that really happens with these tricks is that the republicans rook the public with bond schemes and hope that someone else will have to take the fall while cleaning it up.
      • Sue your teachers.
    77. Re:Think about how you vote this November. by CyberGarp · · Score: 1

      I just keep flushing the toilet hoping the water will eventually run clean. Maybe I need to check my intake water...

      --

      I used to wonder what was so holy about a silent night, now I have a child.
    78. Re:Think about how you vote this November. by wmspringer · · Score: 1

      IANAL, but actually, strictly speaking, just having a monopoly (without special government licensing and regulation) is still a felony.

      So if I start an entirely new business, and nobody else gets into that business (so I have no competitors) that's a felony? After all, I effectively have a monopoly..

    79. Re:Think about how you vote this November. by wmspringer · · Score: 1

      Rather than just stating that it doesn't, think about why it doesn't. Is it because of the technical superiority of Windows? Or the superior innovation coming out of Microsoft? Do you think they wrote all those drivers themselves?

      Does it matter?

      If you need to get your printer/scanner/etc to work with your computer, the important thing is whether the drivers are available or not. If they'll work with Windows and not Linux, then in this case Windows is the superior product for your needs.

    80. Re:Think about how you vote this November. by wmspringer · · Score: 1

      Most of the loan comes from the war on terror, the government creating new agencies, and "accounting problems".

      Aren't they not including the cost of the "war on terror" in the budget numbers? My impression was that it's a half trillion dollar deficit, *not including* the war..

    81. Re:Think about how you vote this November. by TopherC · · Score: 2, Interesting

      I totally agree here. Basically, the present voting system is such that the two-party system is a stable equilibrium. I'm not entirely sure why this is true, but it's not hard to see some of the reasons and history offers the proof. If Nader got any significant votes (and last time even 1% was significant enough), he would ensure Bush's reelection. So to the party he is more closely aligned with (Democratic) he's enemy #1. The only people who should properly be voting for him are those who hate the two leading candidates absolutely equally. Since that's a small number of people, the two front-running parties remain unchallengable. If I end up disliking both front-runners equally this time around, I'll either go with Nader or "Bufgoo" (the google hit is correct).

      I herad in Ireland they can vote for a 2nd and 3rd choice (etc?), and if their 1st choice is loosing the vote goes to the 2nd. I think this upsets the equillibrium and would truly allow the public to represent themselves with their votes. Unfortunately I don't see any hope for a system like this one to be established in the US in my lifetime. Another possible way to upset the 2-party system is if someone new suddenly comes on the scene with unbelievable charisma so that they immediately gain a large fraction of votes. They would also have to be a middle-of-the-road type of candidate. Nader is neither immensely popular nor middle-of-the-road. And anyway this kind of singular event would not really upset the equillibrium, it would simply establish a new party/parties and there would still eventually be two. 3 -> 1 -> 2 I think.

    82. Re:Think about how you vote this November. by fucksl4shd0t · · Score: 2, Insightful

      That's not the worst of it, either. Because if you vote for the third candidate, the front runner you disliked the most is more likely to win, because had you cast your vote for a front runner, it wouldn't have been him.

      Every time a third party candidate gets recognition for winning a lot of votes, the front runner that is least liked is the one that wins. I'm going to cast my vote for whoever Democrat is running because I really don't think the Democrats will put someone up who is as bad as Bush.

      I'm also really hoping I'm right about that, because if the Democrats put up someone who's worse than Bush, we're screwed in a big way.

      --
      Like what I said? You might like my music
    83. Re:Think about how you vote this November. by fucksl4shd0t · · Score: 1

      And if he worries that it might be too hot, let's just tell him he can go at night.

      No good, he's from Texas, where he knows that the hottest part of the day is 9pm, 10pm in August.

      Personally, I don't think he'll be worried about it being too hot precisely because he's from Texas. He'll just figure it's like going across the border to the south, just gets a little hotter.

      --
      Like what I said? You might like my music
    84. Re:Think about how you vote this November. by nickos · · Score: 1

      "I herad in Ireland they can vote for a 2nd and 3rd choice (etc?), and if their 1st choice is loosing the vote goes to the 2nd."

      You're quite right - in the Republic of Ireland they use the Single Transferable Vote (STV) system (a form of proportional representation). There are a number of different systems of PR, each with their pros and cons. Any of them however are better than first-past-the-post.

      If 10% of voters nationally vote for a fringe party, shouldn't 10% of your representatives come from that fringe party? Is a system in which not everyones votes count truely democratic?

    85. Re:Think about how you vote this November. by gandy909 · · Score: 1

      I realize it doesn't, but it SHOULD work that way...mostly. The basic reasons it doesn't is that they could really care less about fiscal responsibility. They only really care about funnelling pork barrel projects to their home districts, keeping, and making, promises and financial commitments to their big $$$ contributors and PACS.
      All of this for the real sole reason of trying to lock up the 'next election' in their favor. Eliminate all political contributions, and institute term limits and you go a long way in correcting this mess.

      --

      (Stolen sig) Remember: it's a "Microsoft virus", not an "email virus", a "Microsoft worm", not a "computer worm
    86. Re:Think about how you vote this November. by danheskett · · Score: 1

      You don't have to have 100% market share to have a monopoly>

      Of course not, and I do not claim that. In some markets 30% is a monopoly, and in others, 90% isn't. It all depends.

      True, one could argue that they do not have a monopoly in the server room, but they still have one on the desktop.

      On servers, it's fact. They do not have a monopoly. It's not even a majority. Linux, Commerical UNIX, Novell, Mac - there is no doubt that MS does not hold a server room monopoly.

      On the desktop, they used to, but any objective person can clearly now see that they do not.

      rosoft names the terms by which the desktop market operates

      That is false. Not true anymore. They used to, not any more though.

      You present false standards to claim they hold a monpoly. For example:

      Their browser quirks define what an acceptable webpage is, not standards.

      Standards *never have*. No browser follows the "standards". Not even the widely used Gecko engine. The standards are voluntary. And, frankly, IE has nothing to do with MS desktop OS monopoly.

      Their document formats define what people use in the office. Their media formats, increasingly, define what people listen to.

      These are all different markets. MS has never had a monopoly in either market. Therefore, this is a moot conversation. Marketshare in both markets is declining. Not increasing.

      That's their monopoly. Not the fact that Joe Hacker runs KDE at home.

      MS has never been convicted of having anything but an illegal monopoly on IA32 Desktop Operating Systems. Not on Office-style software, on media formats, on web browsers, or ANYTHING else. Everything you've used here is essentially garbage for the argument.

      The tests set forth by the courts in the MS case are clearly not true anymore. Legal tests like "can MS dictate prices and terms to OEMs". The answer is, clearly demonstrated by dozens and dozens of OEMs who sell Linux pre-installed is no. Legal tests like "can MS dictate feature sets and options for the entire market", which MS clearly cannot.

      MS had a monopoly, but now doesn't. Oddly, MS was right all along - they said at any time a competitor could come around and knock them off the block. It is a *very* real possibility that Windows will be a money losing operation in as little as 5 years.

    87. Re:Think about how you vote this November. by danheskett · · Score: 1

      I tell you what, you can have 99.99% of market share and NOT have a monopoly. There is no magic percentile. And that is LEGAL FACT. No weed needed.

      imply saying "now there is an alternative, kind of, for some people, if they're willing to do complex and expensive migrations means Windows doesn't have a monopoly"
      You can use Linux without a single IOTA of technical expertise, just like Windows. You can buy a PC from the world's largets PC maker, shipped to you 100% Linux free, for equal or lesser cost of a comparable Windows PC. There is a Linux distro out there for every single type of person.

      You walking around saying its self-evident that MS has a monopoly is the real doublethink. Sit down and think about, and tell me why anyone needs to run Windows. More often than not, it's out of choice, not of need or requirement. That's the true test.

    88. Re:Think about how you vote this November. by danheskett · · Score: 1

      The only thing that is politically motivated is not following the law; enforcing the law does not need any justification or explanation.
      That's bullshit. Utter bullshit. The law is a mass of crap. Contradictions, typos, and mistakes. You can't just "enforce the law". It is political. Very political.

      As long as Microsoft's business practices are monopolistic
      FALSE. If MS's practices are monopolistic AND they have a monopoly, they are involation of the law. I run a two person computer shop, and I can clone MS's business practices 100% without breaking any laws. Why? Because I do not have a monopoly. All of MS's practices are essentially legal except for the monopoly status.

      It is not obvious that MS hasn't sunken in marketshare to the level that certain practices don't pay. It is rather clear to the otherwise. They exert no undue control over the market. In a MS dominated world, we'd all be using .NET Passport to login to Slashdot. They have a monpoly, right? They can force it on small websites, right?

      Wrong. Not. Not at all. MS lost its monopoly to Linux, and at some point not far from now, Linux will be the dominant OS variant. At what point would admit MS has losts its monopoly? My guess is slightly before they declare Chapter 13.

    89. Re:Think about how you vote this November. by danheskett · · Score: 1

      I read the entire case history, start to finsh.

      THEN Bush and Co. said that he was biased.
      Absolute lie. Give me a case reference. Ohh, you can't. Let's see here. Jackson gave an ex-parte interview with a tech journalist during the trial in which he personally slandered MS and it's executives. That's a classic case of the apperance of impropriety. Judges get removed from cases for far less. It's common. And frankly, it was STUPID thing for Jackson to do. Additionally, this ruling had NOTHING to do with Bush, and you simply can't prove otherwise. Bush had nothing to do with the appeals court ejecting Jackson from the case.

      ho in hell wouldn't build up a bias after HEARING THE FACTS and then JUDGING?
      No, his attacks were personal against the management of the company. What a judge does is not form BIAS. He makes a decision based on facts. BIAS is by defintion an "unreasoned tendancy". The case WASN'T over. It WASN'T fully adjudicated. He'd already decided at that point what MS's fate should be before the sentencting portion of the trial began.

      More and more websites are flooding the web with Active-X code that locks out any other platform except Windows.
      Can you back that up with facts? I challange your assertions. Java has never had better market share. Mozilla has never had better market share. Evidence points against your lame claim.

      Once web standards are polluted by MS, all other platforms will be nearly powerless to demand real standards.
      MS has done alot more to promote to web standards in the last 3 years than you can probaly imagine or admit. MS's move to SOAP based XML-transactions are just a sliver of what MS has been doing to back up a revised stance on web-standards.

      I for one have been writing my state's AG and the USDOJ for the past 3 years and have gotten NO WHERE. IT IS UP FOR US to vote MS's dominance down in November.
      You are an abject fool. MS has lost its monopoly control over IA32 Desktop Operating Systems. No court in the country will rule else wise. It's absurd to think otherwise. Write all you want, rule all you want, but no president or congress will change that. Linux is killing MS and there is nothing MS can do to stop it.

    90. Re:Think about how you vote this November. by danheskett · · Score: 1

      So what if Linux isn't an economic powerhouse? What does that prove? Nothing. MS has responded dramatically to Linux - they have a special response process to deal just with Linux. I've dealt with Microsoft. Mention Linux as an alternative and they will bargain on pricing everytime. Period. ENd of story. End of monopoly. Five years, that was false.

      During the last antitrust trial, evidence was introduced that suggested MS could sell Windows for $50 (quantity one at retail) and still make a profit
      And finally, just so you know, Windows XP Home costs $48 now in volume. The full retail version is $199, with a price reduction scheduled for January to $139 (the same price about as MacOSX, I believe).

    91. Re:Think about how you vote this November. by danheskett · · Score: 1

      FROM THEN ON, operate under a completely different set of rules than all the other businesses out there. At least until the Court rules otherwise.
      The last settlement expires in a few years. After that, any future action would be dependent on MS being ruled a Monopoly all over again.

      When the current deal expires, MS is free to operate however they want. And unless they are proved a monopoly again the DOJ can do nothing.

      Considering that everyone of MS's points has proven true it is unlikely that they will be provded a monopoly again.

    92. Re:Think about how you vote this November. by danheskett · · Score: 1

      After that, there's no reason the DOJ couldn't continue to persue a breakup order; just because the judge supposedly exprpessed bias does not automaticly mean his ruling was wrong, it simply means they need an unbiased judge to make a new ruling.
      You are making it sound simple. It was not. The breakup order was rebuffed again and again by the appeals court. Even after the appeal. After one appeal the appellate court essentailly said "never gonna happen". They Jackson was tossed, Bush came into office, and bammo.

      Bush, FYI, campaigned on the promise of instructing the DOJ to settle.

    93. Re:Think about how you vote this November. by danheskett · · Score: 1

      I really doubt that Democrats are that stupid to do that, especially to a company with a huge financial power.
      I am not saying they threatned them. I am saying they rewarded their political donors. Bill Clinton and Al Gore both personally asked for contributions from Microsoft. Personally. That is fact. Sun and Netscape and AOL all gave money in the same cycle to the DNC and the reelection committee. MS did not. None. Not One Red Cent. Two months later the DOJ "kicked in MS's door" so to speak. I am not saying the case wasn't merited, just that at that time it was politcally motivated.

      Second, I am not a republican. Take that back.

      Third, dozens of promiment democrats sided with the republicans in appointing a special prosecutor. GW Bush will probably go down in history as the most corrupt president. Second will be Clinton. Both of these two bozos have been so massively corrupt as to be a joke. It's amazing really.

      Finally, read this article. You will see the timing laid out in a clear way.

      One more point about Bush and "favoring the wealthy". Essentially, you believe in class warfare. The idea that if one group wins another group loses. The republican (little r) ideal is summed easily by saying "a rising tide lifts all boats". Playing favorites with one group or another is unfair and unjust. Desiging policy to help one group or another is wrong. Policy in the US ideally should treat all equal. What the reality reflects is group politics, which your attitudes promote. Good policy does not micromanage or promote a single group or collection of groups.

    94. Re:Think about how you vote this November. by Shadowlore · · Score: 1

      Most of the evidence supports the idea that Sun, AOL/Netscape, and other hi-techs with *vast* lobbying efforts in Washington DC consistently lobbied for a harsh line against MS.

      So provide this evidence. I keep hearing this claim, but do not see it. Take a trip to opensecrets.org for one, and do some research. Warning: it will take effort.

      --
      My Suburban burns less gasoline than your Prius.
    95. Re:Think about how you vote this November. by Anonymous Coward · · Score: 0

      My policy on voting is usually to pick whoever seems the craziest. Right now I'm thinking that that's going to be Lyndon LaRouche.

    96. Re:Think about how you vote this November. by kryocore · · Score: 1

      Yeah I like to exaggerate about the grasshoppers cause it pisses me off that there's all these legalistic restrictions on what you can/can't do in life. I understand some things like don't litter or dump appliances, or don't pollute the air/water with petroleum, but I do think that there are a lot of bogus things like global warming and the o-zone layer that I don't buy into, but still have to abide by the government's rules. I abide by them, but it pisses me off. I mean, we just had a record cold winter here in Washington after years of "Oh no, the polar ice caps are going to melt and it's going to be Waterworld!!!". As far as the economy, I would ask you, where does "nature" come from? Because where it comes from, is the source. The source can give or take away, and we are like grass it comparison. Most people disagree, but I don't care!

  4. All those patents...I'm sure they're all quality.. by FatSean · · Score: 0

    I mean, they couldn't possibly be BS patents! He should know better than to crow about software patents to the opensource peoples :)

    --
    Blar.
  5. Fame is relative by Anonymous Coward · · Score: 0


    what the hell is "halloween X" a film ? new game ?

  6. Lawsuit misinterpretation? by IgD · · Score: 3, Informative

    The Slashdot story seems to claim that Microsoft has many more lawsuits planned. Here is the paragraph that I think the author was referring to:

    In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies (although this is not completely settled yet), how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash? At that point they could not even afford to settle a fraction of a single judgment without devastating their shareholders. I suspect Microsoft may have 50 or more of these lawsuits in the queue. All of them are not asking for hundreds of millions, but most would be large enough to ruin anything but the largest companies. Red Hat did recently raise several hundred million which certainly gives them more staying power. Ultimately, I do not think any company except a few of the largest companies can offer any reasonable insulation to their customers from these types of judgments. You would need a market cap of more than a couple billion to just survive in the OS space.

    I read this to mean that Microsoft has a queue of 50 frivoulous lawsuits against itself not that Microsoft is planning 50 lawsuits against other people.

    At any rate, Anderer's comments are devoid of any substance. Someone at Microsoft/SCO probably wrote the memo for him or he just copy and pasted talking points into his response.

    1. Re:Lawsuit misinterpretation? by tdvaughan · · Score: 1

      Yup, PJ over at Groklaw seems to have made the same mistake.

    2. Re:Lawsuit misinterpretation? by Ralph+Yarro · · Score: 3, Funny

      Yup, PJ over at Groklaw seems to have made the same mistake.

      There's always some risk when someone copies the girl next to them instead of doing their own homework.

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    3. Re:Lawsuit misinterpretation? by Anonymous Coward · · Score: 0

      This is the part I found most interesting in that quote and the part of the law that I think SCO themselves misinterpreted:

      Ultimately, I do not think any company except a few of the largest companies can offer any reasonable insulation to their customers from these types of judgments.

      The end-users cannot and utlimately will not be held responsible for this kind of infringement! After SCO's initial suit against IBM, they have always gone after the end-users of what they claim is infringed IP and, from that standpoint alone, SCO needs to be fought to the bitter end, not bought out or settled in some out-of-court settlement with NDAs that basically gag the recipients (a favorite Microsoft tactic).

      I read this to mean that Microsoft has a queue of 50 frivoulous lawsuits against itself not that Microsoft is planning 50 lawsuits against other people.

      Like you, I interpreted this paragragh to mean that Microsoft themselves has 50 lawsuits against Microsoft about IP infringement. However, I do not think they are frivolous. Microsoft, in spite of their impassioned defense of IP, has never had any qualms about stealing whatever IP they want. STFW, there are lots of examples.

      In the end, Microsoft wants to be the only one allowed to infringe upon other's IP with impunity and they intend to use their money and their political connections to protect this!

    4. Re:Lawsuit misinterpretation? by Anonymous Coward · · Score: 0

      I agree without your interpretation that the 50 lawsuits are against Microsoft, but I disagree with your last point that someone wrote the letter for him.

      This guy is an egotistical, horseshit-spewing asshole. The letter reads like bad cult literature. It's just not possible for a modern corporate bureaucracy to generate a letter like that. I'm part of a large one, and sure, we can generate letters stacked with meaningless bullshit straight to the ceiling. But say to us "write me a memo for Mike that's full of self-important random sentences and sounds like a crazy person wrote it..." and we just can't do it.

      He wrote that letter himself from front to back.

    5. Re:Lawsuit misinterpretation? by kryocore · · Score: 1

      I think that you are miss-understanding what Mike Anderer said. Mike said:
      I suspect Microsoft may have 50 or more of these lawsuits in the queue. All of them are not asking for hundreds of millions...

      So why would MS sue themselves. It doesn't make any sense. He is saying that MS may have 50 lawsuits in queue against other OS companies.

  7. I admire the good parts by Juiblex · · Score: 1

    "I have helped many companies and individuals who run companies in the GNU/Linux, BSD, and Unix world as well as those in the Microsoft world. I admire the good parts and despair the bad parts." Oh, reallly???

  8. Misconstrued by Ralph+Yarro · · Score: 4, Informative

    He doesn't say "that Microsoft has many more disruptive lawsuits planned up their sleeves", he says that Microsoft have a great many lawsuits queued up AGAINST them. His perspective is evidently that you can only survive in the operating systems market if you can stand up against the sort of litigation that Microsoft has to. I don't think his point is a very good one but let's not pretend that it was something else entirely.

    --

    The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    1. Re:Misconstrued by Mr.+Darl+McBride · · Score: 1
      Ralph Yarro writes:
      I don't think his point is a very good one but let's not pretend that it was something else entirely.
      Have I taught you nothing!?

      ~Darl

    2. Re:Misconstrued by B'Trey · · Score: 2, Interesting

      No. He's clearly saying that he believes MS has 50 or more lawsuits that it will back, directly or indirectly, in an attempt to discredit or slow the adoption of FOSS. It doesn't matter if the cases have merit. Most experts see little merit in SCO's case but the FUD IS affecting FOSS. It's costing FOSS companies money to defend against it, and it's making some ITO's pause and at least think about the wisdom of switching to FOSS. That's all MS wants, and it doesn't need a lot of merit in the cases; just lots of sound and fury.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    3. Re:Misconstrued by MarkusQ · · Score: 2, Funny

      You're both wrong. Or at least, prose-wise, the whole dynamic of his message has been transformed by your attempts to narrow his statements to a specific implication context-wise. This isn't about narrowing. This isn't about context. This is about limitless possibilities for vissioning the implications without giving it to the growning dependence on actual meaning.

      Look at his resume--all of the important companies that aren't trying to hide the fact--and have never tried to hide the fact--that he may once have run them, or sat on their boards. No one is trying to hide the fact; it would be too hard, and as he says he isn't good at hiding. These companies wouldn't want him on theirs boards if they doubted for a moment that he wasn't the sort of guy who could and would tell it like it is, plain-speaking-wise, without the risk of sounding like he was trying to avoid beating around the bush when the chips were down.

      As for the GPL & F/OSS--well, his position speaks for itself.

      -- MarkusQ

    4. Re:Misconstrued by Ralph+Yarro · · Score: 1

      You're right, on reflection I think the real point to focus on here is that this Anderer admits that anything that's wrong in the world is the fault of him and Microsoft and that SCO and Canopy are innocent victims of their evil schemes. He couldn't have said it any clearer if I'd paid him as much as we promised.

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    5. Re:Misconstrued by Tim+Macinta · · Score: 2, Insightful
      No. He's clearly saying that he believes MS has 50 or more lawsuits that it will back
      I think that he's actually talking about Microsoft defending against 50 or more lawsuits, or at least being ambiguous about it. Look at how he starts the paragraph:
      In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies (although this is not completely settled yet), how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash? At that point they could not even afford to settle a fraction of a single judgment without devastating their shareholders. I suspect Microsoft may have 50 or more of these lawsuits in the queue.
      It sounds to me like he's talking about the Eolas suit against Microsoft in the first sentence. He leads off talking about how Microsoft has needed to defend its turf because of the nature of the OS business, says that RedHat would be crushed by a judgment of the same kind which Microsoft was handed (the fine was $500M), and then points out that the Eolas suit is not unique and that Microsoft faces suits like that quite frequently. That would seem to be how the sentence was meant given the lead-in, but maybe he intentionally phrased things ambiguously enough to be taken either way.
    6. Re:Misconstrued by Alsee · · Score: 1

      No. He's clearly saying that he believes MS has 50 or more lawsuits that it will back

      No, he's reffering to 50 or more lawsuits against Microsoft already exist, if only in the planning stage ("in the queue").

      While you are mistaken about his exact words and the implication of direct action by Microsoft, you are right about his general thought process and result. He is thinking that there are these 50 cases against Microsoft, and that such cases can and will be brought by anyone and everyone against anyone and everyone. He is saying that while such cases are a major nuciance for Microsoft, even a single such case can and will be fatal to virtually any Open Source target. He's saying that in general no one with less than a billion in their pocket will be able to survive in the industry.

      Microsoft certainly could be a major source of such suits, but he was saying anyone may do so.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    7. Re:Misconstrued by nathanh · · Score: 2, Insightful
      It sounds to me like he's talking about the Eolas suit against Microsoft in the first sentence. He leads off talking about how Microsoft has needed to defend its turf because of the nature of the OS business, says that RedHat would be crushed by a judgment of the same kind which Microsoft was handed (the fine was $500M), and then points out that the Eolas suit is not unique and that Microsoft faces suits like that quite frequently. That would seem to be how the sentence was meant given the lead-in, but maybe he intentionally phrased things ambiguously enough to be taken either way.

      I agree with your interpretation. Anderer is saying that litigation has become commonplace in the IT industry. Some of these lawsuits (eg, Eolas vs Microsoft) might result in judgements on the order of $500 million. He believes Microsoft is defending themselves against 50 such suits right now and he doesn't think open-source companies would have the cash reserves to defend against similar nuisance lawsuits (esp. w.r.t patents). If open-source was to dominate the landscape then the industry would be decimated in mere months by the sheer number of $500 million judgements against developers.

      He is basically saying "this is a game for the big boys and you open-sourcers are too puny to play in this arena, so go home and stop bothering us". Arrogant, true. But possibly correct. I don't personally believe his argument but I can see where he's coming from.

      Of course, the common interpretation is that Anderer is threatening open-source companies. The last line is being intepreted to mean Microsoft is initiating 50 more lawsuits like SCO vs IBM. I don't buy that argument because Anderer would have to be stupid to voluntarily tell everybody about the conspiracy. Unfortunately because certain prominent people are stating that particular interpretation as if it were fact, all other interpretations are being ignored or shouted down.

  9. RTFA!!! by wjsteele · · Score: 4, Informative

    Did you even read the article? He didn't say that Microsoft had 50 "disruptive lawsuits" up their sleeves... he said that Microsoft is going to face 50 lawsuits from people sueing them. His point was that someone smaller, like RedHat couldn't withstand that kind of judgement against them because of their limited resources.

    Bill

    --
    It's my Sig and you can't have it. Mine! All Mine!
    1. Re:RTFA!!! by AKnightCowboy · · Score: 1
      His point was that someone smaller, like RedHat couldn't withstand that kind of judgement against them because of their limited resources.

      But Microsoft had limited resources in 1980. They gradually grew into the corporate behemoth monopoly that we all know and love today sometime in the early 1990's. How is Red Hat any different at this point in their lives to Microsoft 15 years ago? Could Microsoft have survived a $500 million lawsuit in 1982 if IBM had brought it against them for patent infringement?

    2. Re:RTFA!!! by minkwe · · Score: 1

      He did not say that Anderer said Microsoft had 50 "disruptive lawsuits" up their sleeves. Andere implied that this whole thing with SCO is just the beginning of what microsoft will do.

      The threat was very clearly implied and it is telling that you all want us to undermind what he implied.

      --
      "Fighting terrorists with millitary might is like killing a mosquitor on your Dad's forehead with a rifle."
    3. Re:RTFA!!! by Error27 · · Score: 1

      "I suspect Microsoft may have 50 or more of these lawsuits in the queue. All of them are not asking for hundreds of millions, but most would be large enough to ruin anything but the largest companies."

      It's ambigous. Is he talking about the patent lawsuit against Microsoft or is he talking about the SCO lawsuit? I think the second meaning is more likely but it is ambiguous.

  10. The "new" model? by dukerobillard · · Score: 2, Interesting
    The world of software is changing.... It used to be you included R&D and patent development costs into your license add your costs and a markup and you could make a living. We relied on cross-licensing, licensing, and innovation, and our ability to prevent other people from copying our work without permission. Now things are shifting, but I am not certain anybody has completely figured out this new model, and if you think it is just any one company that is concerned about this, you are wrong.

    Hmmm...maybe it'll go back to the way it was before people could get rich on software. That's what RMS was originally after, all those years ago

    1. Re:The "new" model? by Anonymous Coward · · Score: 0

      And why exactly is this a good thing?

    2. Re:The "new" model? by dukerobillard · · Score: 1
      And why exactly is this a good thing?

      The answer to that is long, and RMS has done a better job explaining it than I could. In involves beliefs that people have a moral obligation to help each other, and that software is a significant resource in society.

      My favorite essay of his on this subject is here

    3. Re:The "new" model? by Anonymous Coward · · Score: 0
      We relied on ... our ability to prevent other people from copying our work without permission. Now things are shifting, ...
      Those evil free software people, copying our work without permission! When did you stop fucking pigs, Mr Gates?
  11. Master of political speak by Saven+Marek · · Score: 5, Insightful

    Did anyone else read this interview and get the feeling that Anderer spoke a lot but didn't really say anything specific or all that relevant?

    nude mac desktops

    1. Re:Master of political speak by Ralph+Yarro · · Score: 4, Interesting

      Did anyone else read this interview and get the feeling that Anderer spoke a lot but didn't really say anything specific or all that relevant?

      Yes. My favorite is:

      "I helped build the channels for most of the products that corporate America is currently using and some they will be using soon."

      So he builds "channels". To quote Benjy mouse "Sounds very significant without actually tying you down to meaning anything."

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    2. Re:Master of political speak by Anonymous Coward · · Score: 0
      nude mac desktops [67.160.223.119]
      Watch out, this is a thread about lawsuits. You might get whacked for false advertising like that ;)
    3. Re:Master of political speak by demon · · Score: 1

      That was my impression of it as well. Also that he really felt the need to talk himself up and make himself sound impressive and well-connected, but as others mentioned, while being very vague about to what and/or whom he was specifically connected. Pretty ridiculous, IMO.

      --

      Sam: "That was needlessly cryptic."
      Max: "I'd be peeing my pants if I wore any!"
    4. Re:Master of political speak by Doomdark · · Score: 1

      I'm glad someone else said this... I was wondering if I'm just slow, since I thought it was completely void of any content, save some resume-talk from author's part.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    5. Re:Master of political speak by Doomdark · · Score: 1
      So he builds "channels".

      I wonder if he also constructs bridges and digs tunnels? Perhaps we should consider offering to sell him a bridge so he wouldn't have to build one...

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    6. Re:Master of political speak by jbr439 · · Score: 1

      And here I was thinking I was just too dim to grasp the significance of what he was saying.

    7. Re:Master of political speak by cmacb · · Score: 1

      "Did anyone else read this interview and get the feeling that Anderer spoke a lot but didn't really say anything specific or all that relevant?"

      Yes, my reaction to the article, as well as to the memo was that this guy was a total BS artist. Practiced, but not yet perfected. He fits right in with the SCO/MS crowd.

    8. Re:Master of political speak by Anonymous Coward · · Score: 0

      I believe the software industry is in an incredible renaissance and that means maybe there will be a lot more people out there making things better and a couple fewer people with enough spare time to flame under five separate handles, all registered as underage so they can exploit the better privacy laws we afford to children.

      He's taking great pains to present himself as being reasonable and open minded, yet he makes a lot of veiled accusations in this article. He's playing the wounded innocent routine and trying to create paranoia about the "other" side.

      I've had the distinct displeasure of having had to deal with people like this in the past few years (relatives, go figure), and it was like playing a demented psychological tennis match. Everything that was said was twisted around 180 degrees, attributed to malice and thrown back as an accusation. My advice to anyone who comes across one of these people is, if at all possible...RUN. Nothing good comes from being entangled with these guys.

      Somewhere, I've read that 1 in 20 people are sociopaths. This guy is definitely #20.

    9. Re:Master of political speak by Alsee · · Score: 1

      Anderer spoke a lot but didn't really say anything

      Agent McBride: And tell me, Mr. Anderer, what good is a phone call if you're unable to speak?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    10. Re:Master of political speak by knolle · · Score: 1

      well, he did point out how important he is for the future of the universe. i didn't know that before.

  12. Re:it seems to me by platypussrex · · Score: 4, Insightful

    that he is making the tacit assumption that many of these lawsuits have merit, and that much of the liability is real. Perhaps some do, but the large majority are nothing more than extortion and should be dealt with in a summary fashion.

    A few judges with some testicular fortitude will solve the problem much more quickly than a thousand companies raising the price of their software in order to pay all the lawyers who are helping muddy the waters.

  13. This guy is such a self-promoting jackass by Featureless · · Score: 5, Insightful
    Lot of "I'm a clever entrepeneur" doublespeak, backing up the fact that he:

    • Thinks Software Patents are a great business model
    • Believes barratry will be the driving force in the OS industry's "renaissance."


    What an asshole.
    1. Re:This guy is such a self-promoting jackass by Anonymous Coward · · Score: 0

      What an asshole.

      That pretty much sums it up.

      And every time we say something like this, we are accused of being immature, not understanding "business realities", blah blah.

      The world has gone mad. The "official truth" no longer has anything to do with ethics. Unless you subscribe to all the propaganda that the economists feed you (at the cost of all that is, well, Good), you are a naive fanatic who just doesn't understand the real world.

      I dunno, but after Bush got the power, the whole world (not just USA) seems to have been going downhill. Fast. Microsoft has been able to pull off all the stops, short of going around assassinating Linux developers.

    2. Re:This guy is such a self-promoting jackass by Anonymous Coward · · Score: 0

      when was the last time you ate your own pussy?

  14. RHat Cash on Hand. by DAldredge · · Score: 3, Informative

    Red Hat, Inc. Prices $500 Million of 0.50% Convertible Senior Debentures Due 2024

    RALEIGH, N.C., Jan 6, 2004 (BUSINESS WIRE) -- Red Hat, Inc. (Nasdaq: RHAT) today announced the pricing of $500 million aggregate principal amount of 0.50% Convertible Senior Debentures due 2024, which are being issued in a private offering.

    The debentures are being sold at 100% of their principal amount. The sale of the debentures is expected to close on January 12, 2004, subject to customary closing conditions. The initial purchaser has an option to purchase up to an additional $100 million aggregate principal amount of the debentures. The debentures will be Red Hat_s senior unsecured obligations and will be subordinated in right of payment to all of its existing and future secured debt. Red Hat expects to use the net proceeds for general corporate purposes, including possible acquisitions of complementary businesses and technologies and the expansion of its international operations.

    The debentures will bear interest at a rate of 0.50% per annum, payable on each January 15 and July 15, beginning on July 15, 2004. The debentures will mature on January 15, 2024, unless earlier converted, redeemed by Red Hat at its option or repurchased by Red Hat at the option of the holders. Each $1,000 principal amount of the debentures will be initially convertible under certain circumstances into 39.0753 shares of Red Hat common stock. Therefore, the debentures are convertible in the aggregate into approximately 19,537,650 shares of Red Hat common stock, or approximately 23,445,180 shares of Red Hat common stock if the initial purchaser exercises its option to purchase additional debentures in full. The conversion rate is equivalent to a conversion price of approximately $25.59 per share, subject to adjustment. This represents approximately a 37% conversion premium based on the last reported bid price of $18.68 of Red Hat common stock on January 6, 2004. The debentures will be redeemable by Red Hat beginning in January 2009 and investors will have the right to require Red Hat to repurchase the debentures in January 2009, 2014 and 2019 and upon certain repurchase events.

    The debentures have been offered only to qualified institutional buyers in reliance on Rule 144A under the Securities Act of 1933, as amended. The debentures and the shares of Red Hat common stock issuable upon the conversion of the debentures have not been registered under the Securities Act and may not be offered or sold in the United States or to a U.S. person absent registration or an applicable exemption from registration requirements.

    This press release does not constitute an offer to sell or the solicitation of an offer to buy any security and shall not constitute an offer, solicitation or sale in any jurisdiction in which such offering would be unlawful.

    About Red Hat

    Red Hat is the world's leading provider of open source solutions to the enterprise. Red Hat is headquartered in Raleigh, N.C. and has offices worldwide.

    Forward-looking Statements

    Statements in this press release that are not historical facts and that relate to future plans or events are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements include Red Hat_s intention to raise proceeds through the offering and sale of convertible senior debentures, the intended use of proceeds and the anticipated terms of such debentures. There can be no assurance that Red Hat will complete the offering on the anticipated terms or at all. Red Hat_s ability to complete the offering will depend, among other things, on market conditions. Red Hat_s actual results could differ materially from those projected or forecasted in the forward-looking statements. These include uncertainties relating to market conditions for corporate debt securities in general and our debentures in particular, as well as other factors identified in Red Hat_s most recent Quarterly Report on Form 10-Q filed with the Securities and Exchange Commission.

    SOURCE: Red Hat, Inc.

    Red Hat, Inc.
    Gabriel Szulik, 919-754-3700 ext. 44439
    gszulik@redhat.com

  15. More poor editorial by m00nun1t · · Score: 3, Insightful
    The article doesn't say anything about
    "Microsoft has many more disruptive lawsuits planned up their sleeves".

    It talk about lawsuits against Microsoft. RTFA:
    "In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies ... I suspect Microsoft may have 50 or more of these lawsuits in the queue."

    And further, how many lawsuits has Microsoft initiated (except piracy, which is justified IMHO)? There are probably some, but off the top of my head I can't think of a single one. They aren't the multi-headed legal beast attacking all over the place the /. "editors" would portray them to be.

    /. credibility: -1

    1. Re:More poor editorial by BasilBrush · · Score: 1

      No, but they do encourage/finance other companies to do their sueing for them. That's what Halloween X is about after all.

    2. Re:More poor editorial by Anonymous Coward · · Score: 0

      no they take the approach the US did during the 20th century, pay others to fight your battles and deny any link whatsoever to them. *cough*SCO*cough*

    3. Re:More poor editorial by Mr.+Darl+McBride · · Score: 5, Interesting
      And further, how many lawsuits has Microsoft initiated (except piracy, which is justified IMHO)? There are probably some, but off the top of my head I can't think of a single one. They aren't the multi-headed legal beast attacking all over the place the /. "editors" would portray them to be.

      Up until the mid 90s, Microsoft hadn't initiated a single lawsuit against anybody. If memory serves, the first lawsuit involved one of the larger distributors of bogus Microsoft software, so even that was fairly benign. This is not a litigation-happy company.

      That said, they have started to wrap some pretty evil licenses around all technical information disseminated about Windows, its SDKs and technical papers. Furthermore, they're starting to layer gratuitous DRM over the new MS Office file formats even where it doesn't make sense, leaving room to invoke the DMCA when people make Office file format importers/exporters.

      MS salespeople have started to tell shops migrating to Linux that there would be "legal issues" preventing Linux from interoperating with future versions of Windows. There may well be a sea change in Microsoft's tactics ahead, or the salesmen may be talking through their hats. Either way, MS is starting to build up an arsenal of twisted legal manipulation every bit as formidable as IBM's patent arsenal.

    4. Re:More poor editorial by One+Louder · · Score: 1
      Microsoft has filed lawsuits against Lindows.com in about a dozen countries around the world. Just this last week, they've apparently gone on record claiming that even "Lin---s.com" is infringing on their trademark because it has an "auditive resemblance" to "windows" when pronounced "lindash".

      You may also recall the recent legal threats against Mike Rowe over the domain "mikerowesoft.com" - while it didn't reach the point of actual litigation, it was clearly stated that they would sue if Rowe wouldn't capitulate. Microsoft has made numerous other similar threats over the years.

      Microsoft also filed suit against Lucent in 2003 attempting to invalidate some inconvenient patents, and Steelcloud in 2000. They also sued a hacker in 1997 that had allegedly posted a patch for the trial version of Office 97 that defeated the 90-day restriction.

      Before the anti-trust trial, they sued their several of their own OEMs for copyright infringement when they attempted to modify the startup screen.

      They have also initiated a number of quite reasonable suits, mainly aganst companies pirating Windows, and spammers.

    5. Re:More poor editorial by Anonymous Coward · · Score: 1, Insightful

      That's a point that I think people often miss. MS likes to play hardball, but they don't like to do it in public. They'll keep things at the lower levels as long as possible, and when/if they do go after someone in a public way, it'll only be once to set the example. Then it'll be back to trench warfare so Bill can keep telling people how warm and fuzzy he is.

    6. Re:More poor editorial by Anonymous Coward · · Score: 0

      I agree that MS isn't the sue-happy group indicated...

      But... what worries me is as Linux moves higher up in the desktop market, what will MS become? We have seen what a small shit company (SCO) can do with a small amount of money.

    7. Re:More poor editorial by HangingChad · · Score: 1
      There are probably some, but off the top of my head I can't think of a single one.

      How many had Kodak filed before their market share started to dwindle? Or SCO before their deck started tilting down at the head?

      Seems like IP litigation has gotten way out of hand. If another company steals something from you...not an idea, but the implementation of that idea...you deserve compensation. But there has to be a better system than what we have now. Which is a breeding ground for leeches like Anderner. Blood suckers who don't add any real value. What's strange is he doesn't even seem to have that good of a grasp of copyright issues. But if McBride and company pulled him in to consult, you can see where some of their thinking came from. Hard to tell. It's human nature to tend to rely on other people like themselves. McBride would've resonated on what Anderner is saying.

      What I can't figure out is why Boise didn't tell them they were stretching copyright law into shapes that were far outside reality? A good lawyer would've told them they didn't have much of a chance of winning. The next thing out of McBrides's mouth would've been, "We don't need to win."

      --
      That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    8. Re:More poor editorial by tiger99 · · Score: 1
      All the more reason to make the move completely to Linux, BSD or whatever, and OOo or Star Office, and dump the buggy and undocumented M$ protocols and file formats.

      No sensible organisation sends M$ Office files out by email anyway, due to the extreme risk of macro viruses, so interoperability is really not needed in practice except within the organisation itself, and how long does it take to roll out OOo?

      That can be done long before the switch to Linux, to get users familiar with their main applications, then Linux can be brought in at a leisurely pace, knowing that OOo will interoperate with itself on all supported platforms.

  16. Wrong at so many levels by GillBates0 · · Score: 5, Insightful
    Choice quote from the article:
    In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies (although this is not completely settled yet), how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash? At that point they could not even afford to settle a fraction of a single judgment without devastating their shareholders. I suspect Microsoft may have 50 or more of these lawsuits in the queue. All of them are not asking for hundreds of millions, but most would be large enough to ruin anything but the largest companies. Red Hat did recently raise several hundred million which certainly gives them more staying power. Ultimately, I do not think any company except a few of the largest companies can offer any reasonable insulation to their customers from these types of judgments. You would need a market cap of more than a couple billion to just survive in the OS space.

    This attitude is wrong at SO many levels. New players can't enter the OS space NOT because they will have to compete against marketing schemes/ad campaigns of a richer company BUT because they'll be sued into oblivion by the competition.

    It is being assumed here that a company with $85 million in the bank won't be able to survive because they don't have money to survive a LAWSUIT...the quality of their products/service/innovation apparently doesn't even enter the equation anywhere.

    litiguous fucking bastards

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
    1. Re:Wrong at so many levels by gl4ss · · Score: 1

      it's also wrong in the aspect that the lawsuits would be a lot cheaper for a smaller corporation, not to mention the settlements from those lawsuits, licenses to avoid them & etc.

      --
      world was created 5 seconds before this post as it is.
    2. Re:Wrong at so many levels by Azureflare · · Score: 1
      Not only that, but I still can't see how anyone can go after distros like Red Hat, Mandrake et. al. They are just distributing the code. The code itself is made by tons of different people around the globe; to stop linux, people would have to sue every contributor to linux. I don't think that's possible given that many developers aren't even in the United States.

      And why would people go after linux, as they do Microsoft? They would be going after specific projects, for infringing patents; For example, EOLAS could go after Microsoft for the IE plugin thing, because Microsoft, in addition to making windows, makes IE. But, if they wanted to do the same with linux, they would have to go after mozilla, and whatever other browsers they wanteed to target; which is completely independant!

      I really don't see how linux could be vulnerable to frivolous lawsuits. Linux isn't made by a company. Linux isn't owned by a company.

    3. Re:Wrong at so many levels by Anonymous Coward · · Score: 0

      "It is being assumed here that a company with $85 million in the bank won't be able to survive because they don't have money to survive a LAWSUIT...the quality of their products/service/innovation apparently doesn't even enter the equation anywhere."

      No it is even more pronounced than that. Not only might their company not survive leaving customers in the lurch, but the customers may face lawsuits for using the infringing software.

      The attitude is right on so many levels. What is RedHat giving you over and above the free Linux and other Open Source software in their distro? Think about it from a customer's perspective and you will see that threats to the company MUST be factored in to your risks and rewards of adopting. Open Source companies have a very good product and they are getting better technically, but the question is, will they be able to keep growing as the capitalistic markets demand. This is one of those threats to that growth, and while we don't like it, we both must admit that is the lay of the land at this time.

      So yes having more money is a both a blessing and a curse, and you can bet that as more Open Source companies make more money they will be targets just like Microsoft is. More importantly though, if it happens at the financial and legal levels, it will also probably happen at the technical level too.

    4. Re:Wrong at so many levels by Monkelectric · · Score: 2, Insightful
      This is probably the doomsday scenario for linux... We in the OSS community have been saying, "Linux is good, linux is the revolution, linux is freedom and freedom is inevitable. Besides, what can MS do?" And now we have the answer to that question.

      The problem with the legal system is it's stacked against the small guy from start to finish. This is how it's stacked: Consequences. There are *NO* consequences for setting out to ruin somebody. None whatsoever. What are the consequences for MS and SCO for this fraud so far? Lots of money. The money train will end, but it will still have been a nice trip for them. We in the OSS revolution need to make sure MS and SCO get their clocks cleaned.

      If the SEC/DOJ won't step up to the plate, we need to be prepared to do real damage on our own. -- which is going to suck because there's no legal way to accomplish that -- court rooms and the halls of government are their venues.

      --

      Religion is a gateway psychosis. -- Dave Foley

  17. why attack mike? by sir_cello · · Score: 1

    I don't know this guy at all, but just a suggestion that it's probably not a fair idea to character assassinate him: the guy seems just to be a wheeler/dealer and "caught in the middle" of something between MS and SCO.

    1. Re:why attack mike? by zzabur · · Score: 5, Insightful

      Perhaps being an (ex-)man of SCO and a friend of Darl McBride (in case he has real friends) is enough for many of us. But there is more in it. If you actually read the article, you will find plenty of reasons to consider this guy a major asshole. Here is a short list:

      • He fails completely to understand what the free software and open source movements are all about.
      • He seems to think that filing totally meritless bogus lawsuits to be bought out is a fair and legitimate business model.
      • He says that small companies like Redhat have no place in software business, as they cannot pay the protection money to the SCO mafia.
      • Based on the points above, he considers himself a true visionary.
      • Yet he seems to think that all the people who actually wrote the software in question, don't have any reason to disagree with his/SCO's vision to get payout for the work they didn't do.
      --
      Auferre trucidare rapere falsis nominibus imperium, atque ubi solitudinem faciunt, pacem appellant.
    2. Re:why attack mike? by AndroidCat · · Score: 1

      I too have big scary news that shows what a clued-in dude I am, but I can't talk about it because .. the cat's eaten it. Look over there, shiny FUD!

      --
      One line blog. I hear that they're called Twitters now.
    3. Re:why attack mike? by jsse · · Score: 2, Funny

      Very true. Look at how he intoduced himself and we can see what kind of dude he is.

      Most of my time is currently spent on new technologies on several different platforms.

      Read: I don't know shit. When someone is foolish enough to consult me I'll give them some buzzwords and get away with it.

      Many of my companies and several of our offices have been merged into other companies, moved or sold as part of a technology deal, some even sold during the deepest parts of the downturn.

      Read: Companies I worked for usually falling into bankrupcy, disbanding into complete disarray or being bought out as junk stock. I'm proud to tell everybody I'm actively participating in their failures.

      I helped build the channels for most of the products that corporate America is currently using and some they will be using soon.

      Read: I offers in 'digital channel' teen sex, herbal viagra and penis enlargement, etc. when I'm not hired.

      In several cases, I am finally finding or developing ways to solve problems I have been working on for the last 20 years.

      I finally figure out how to wipe my ass clean without shitting my pants.

      The only way I can hide is to work so hard that it becomes close to impossible to track all the companies I have owned, bought, sold, rolled up, or sat on the board of.

      Read: Trust me. I'm somebody of importance, only I just can't tell you why.

      If you include the ones where I helped entrepreneurs and companies through tough times, or sat on non-profit boards, the list would be even tougher to follow.

      Read: Don't you get it? Let me repeat, I've done a lot of great things but I just can't tell you a bit of it.

      (Somehow I should have written my resume like that)

    4. Re:why attack mike? by laird · · Score: 2, Insightful

      This "interview" was amazing. With any luck it will establish that this guy is a buffoon.

      Most striking was the self-aggrandizing hot air about how many wonderful "channels" and "patents" he's created. If he's that wonderful, you'd think that someone would have heard of him, or that he could name any major deal he's done.

      I particularly liked him arguing that a "small company" like Red Hat doesn't have the resources to stay in the OS business because they only had a few $100M in the bank, ignoring the comparison with SCO, also in the OS business and with much less in the bank. Of course, Red Hat also has a growing, profitable business with products, customers and revenue, while SCO pretty much only has former customers and lawsuits. By his logic, shouldn't SCO shut down because it doesn't have enough money to survive even a fraction of one settlement?

      And what was that bit about the GPL pushing liability onto the users? I thought that was what the EULA was for.

      Astounding that someone so incoherent could actually make a living.

    5. Re:why attack mike? by jafac · · Score: 1

      He seems to think that filing totally meritless bogus lawsuits to be bought out is a fair and legitimate business model.
      He says that small companies like Redhat have no place in software business, as they cannot pay the protection money to the SCO mafia.


      I can't think of a bigger threat to Capitalism and Free Enterprise than this man's attitude. Okay, maybe Stalinism was pretty bad, but they burned themselves out inside of 80 years.
      This kind of crap could theoretically go on forever. It's called Plutocracy. It ain't a good thing.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    6. Re:why attack mike? by laird · · Score: 1

      "Astounding that someone so incoherent could actually make a living."

      I wonder if he has a farrarri laptop that goes "vroom!" when it boots up. That's be so cool in meetings.

  18. Musta used a spell checker this time by robslimo · · Score: 5, Insightful

    Do you recall reading that leaked memo (Halloween X)? A lot of us doubted its authenticity in light of the atrocious spelling and grammar.

    For this article, ol' Mikey must have used a spell checker. Heck, given his grammar problems, he must have had someone proofread it for him. Hmmm, ghostwriter?

    1. Re:Musta used a spell checker this time by LordK2002 · · Score: 1
      Heck, given his grammar problems, he must have had someone proofread it for him. Hmmm, ghostwriter?
      I would imagine sites like NewsForge would proofread articles themselves before posting them on the website.

      K

    2. Re:Musta used a spell checker this time by bucky0 · · Score: 1

      IF that's what he said, why would they proof it? Call me silly, but that's kinda like putting words into his mouth. If he sucks at grammer, he deserves what he's getting from it.

      --

      -Bucky
  19. I'm RTFAing... by MyHair · · Score: 4, Insightful

    The first two sentences are already setting off my bullshit alarm.

    I will file close to 20 patents this year for companies in many spaces, including homeland security, anti-terrorism,

    He's trying to build himself up and throw in sympathetic issues. But he's doing it the wrong way to the wrong audience I think.

    (I'm not saying he didn't do those things, but when somebody starts like that they're usually about to feed you some bullshit.)

    Anyway, off to read the rest...

  20. Is he ashamed? by polemistes · · Score: 3, Interesting

    I get the feeling this man has a bitter taste in his mouth writing this. It's as if he's declaring to all the world: 'I did all this!', so that he can tell himself that he can stand by his actions, and convince himself that he's not feeling guilty.

    It's the voice of hypocrisy.

    Although I have more sympathy for this kind of hidden guilt, than for the greed and stupidity I have heard in many voices lately.

  21. The inmates are truly running the asylum by Anonymous Coward · · Score: 0

    Folks, what we have here is the E. Howard Hunt of technology.

    Either laughable, or genuinely frightening.

    1. Re:The inmates are truly running the asylum by SpacePunk · · Score: 1

      I've never heard of this guy. If he's sat on all those boards, etc... Someone would have heard of him before 'memogate'. Oh, I forgot... benches outside doors have boards.

  22. I had thought that MS didn't... by burgburgburg · · Score: 2, Insightful
    personally tend to sue over these sorts of things. Does this mean that they're going to start openly funding their SCO strawman to keep the lawsuit queue filled with bogus IP claims for years to come? How will the Justice Department feel about this behavior from a company that has already been civilly judged to be a monopolist?

    Oh wait, I forgot who's in charge of the "Justice" Department: wrist slap, settlement, look the other way. Never mind.

  23. perhaps this is SCO's 'MIT rocket scientist' by fw3 · · Score: 4, Informative
    Anderer:
    "it does not take an MIT rocket scientist to think it would make sense for the largest software company in the world to increase their rights by taking another license"

    This is all I can really give you considering the NDA. As for the PIPE deal, I cannot comment at all, but I also would have nothing of interest to add beyond what has already been made public.

    I will file close to 20 patents this year for companies in many spaces [mars?]

    Anderer's patents:
    6,546,418 Method for managing printed medium activated revenue sharing domain name system schemas
    6,448,979 Printed medium activated interactive communication of multimedia information, including advertising
    6,314,457 Method for managing printed medium activated revenue sharing domain name system schemas
    This 'article' is just barely better-written than Halloween X itself, no doubt this is the guy (and hey, there's open-source in action, he writes in (marginally) better style when he knows it's gonna be read by people who actually know about style(1) and diction(1)).

    Anyhow, great, he's worked for SCO under NDA, he's got a lot of Darl-like bombast about economic justification for his actions.

    He *thinks* he's a rocket scientist (mostly people who say 'it's not rocket science' do think this :-).

    He's writing junk patents, apparently for people who haven't figured out that the .com bubble has burst.

    --
    Linux is Linux, if One need clarify their dist: <Dist>/GNU Linux
    bsds are of course just BSD
  24. Summary by MyHair · · Score: 1

    Wow, what a tapdance. And I think I was right in the parent post. Or maybe it's just two different worlds: he lives in the pantent-license side of the IT planet and doesn't quite realize OSS says that model is broken. Now off to read the other comments and realize that I'm either redundant or stupid. (Or both.)

    1. Re:Summary by Anonymous Coward · · Score: 0

      Back in high school I used to date a girl named Christian. I must have thumped her a good 20 times, and yes we did it on a bible a once -- but only once because it really wasn't that comfortable and it got all wet. Good times, good days...

    2. Re:Summary by Error27 · · Score: 1

      Your post is a pretty good summary... One thing that I noticed:

      > Better leave it to the big guys (Sun, MS, SCO...)

      SCO is a tiny guy.

      RHAT: Market Cap: 3.16B
      SCOX: Market Cap: 136.35M

      One point that Anderer does bring up is that anyone could have made this issue go away just by buying SCO when they had a $10 million market cap. In a pure business world it makes sense to just give in and "pay the mob" so to speak.

      It's not hard to find $10 million dollars. RedHat set up a $1 million dollar defense fund. OSDL has their $10 million dollar fund. IBM has spent more than $10 million on litigation already.

      It's not a money issue. It has to do with integrety and bride.

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

      It *is* a money issue though. IBM and RH know that if they buy SCO every Tom, Dick and Harry with nothing to lose and a little IP that they begged, borrowed or conjured out of Thin Air (patent pending) will try the same stunt.

      In the long run buying SCO could be the most expensive purchase they ever made. Certainly more expensive than putting McBride's head on a pike.

  25. Ethics are further away than i first thought... by zaunuz · · Score: 0, Flamebait

    It seems to me like microsoft is willing to soo anybody at any time for anything, as long as it will increase the amount of digits in their bank account, or as long as it sweeps one or more competitors off the market. And they certainly has the funding to do this.

    --
    this is probably the most boring sig in the world
  26. Summary by xcomputer_man · · Score: 5, Interesting

    - I have filed more patents and owned/managed more businesses than you can think of. This deal was a microscopic, ultimately forgettable fraction of my business.

    - I have nothing to say about the money Microsoft funneled to SCO (my excuse is that they won't let me).

    - Everybody licenses Unix and they've been doing so for years. SCO as a licensor is only executing a rational business decision based on current market trends. Microsoft bought SCO licenses for SFU just like everybody else has been doing for years, there's nothing wrong with it.

    - Microsoft is actually cooperating with you Linux guys with their SFU. They're good guys!

    - The GPL makes IP matters confusing, and we have to leave it to the big companies like Sun and SCO to figure it out for the rest of us. They might even be kind enough to give it all away for free!

    - Red Hat is still a bunch of small boys. Do you really think this johnny-just-come company with a few hundred million in the bank can actually indemnify its customers from the devastating effects of a settlement? They will be obliterated in no time! Better leave it to the big guys (Sun, MS, SCO...).

    - We used to have all this crap figured out with patents and cross-licensing and stuff. You GPL people came around and messed up the whole thing, and now we're trying to clean up your mess. Stop making noise and let's clean this whole thing up for you.

    - Why is everyone picking on me? I've done a lot of good stuff, and nobody says anything about that!

    [Wow. I have to give this guy an award for managing to say so little in so many words.]

  27. Horde Ideas and sue everyone in sight? by TampaTim · · Score: 2, Insightful

    This article reminds me why (if I remember correctly) GPL was created in the first place. Some of the ideas he talks about just seem so absurd. Companies hording ideas(IP in this case), cash, resources(bright coders, etc) and creating, via lawsuits and EULA's, an artificial barrier around their 'idea pool'.

    Microsoft, et al. would very much like starve GNOME/KDE and Linux of IP and innovation it seems. Hell, I go even futher as to say starve the whole world. Is it just me or doesn't seem like that's what many US conglomorations are about. Hording resources, creating artificial scarcity and PROFIT!!!

    The GPL is the perfect antidote. In the case of software, innovations can very easily benifit everyone. Everything is shared, including ideas. Instead of starving your fellow humans so you can charge them a nice hefty check, you feed them, ... and amzingly some of them feed you back! (they take your ideas and build on them, or more directly, donate resources to you).

    As a final note, look, I know this is the real world. We all have to survive, companies want to survive, but I can't handle the amount of greed and hording that has come as a product of the "greed is good" philosophy of modern corporate culture. Too many people in this world our just customers to suck cash and vitality out of.

    Regards,
    Tim

    1. Re:Horde Ideas and sue everyone in sight? by Anonymous Coward · · Score: 0

      Spelling Nazi Dave chimes in:

      If you're going to use a word three times in your post, you should spell it correctly. "Hord" does not exist (except perhaps as a bastardized version of the GNU kernel? :) "Horde" is how one would describe a million Mongols sweeping across the plains, raping, pillaging and burning everything in sight. "Hoard" is what you were looking for, a cache of valuable treasure stashed away in some safe place. Since everything else in your post was sensible and articulate, I thought you might like to know about that one mistake.

      You're correct that the GPL is the perfect antidote to the IP hoarding behavior that seems so common in industry nowadays, however, I think you're a little too idealistic about the way things have to work for companies seeking to make a living in the open-source world.

      Rather than "feeding your fellow humans" with the fruits of your labor in the hopes that they reciprocate with donations, the real way to make a living once software truly becomes an open-source commodity is by selling services with the software, e.g. design consulting, custom implementation and installation, offsite backup, etc.

  28. Watch your wallet by Anonymous Coward · · Score: 0

    Be careful aroung some one like this. He is trying to play both sides. He seems like a person who will tell you what a great guy you are while he is picking your pocket.

  29. No wonder he's a lawyer ... by joda · · Score: 2, Interesting

    since he can spew up this load of BS without actually reaching a substantial point even once.

    --
    Buy all your crazy japanese videogames from
  30. Re:All those patents...I'm sure they're all qualit by RLiegh · · Score: 1

    Wether they are BS or not, they're still going to thoroughly decimate every last Linux and GNU based company simbly through legal fees alone.

    Let's face it, folks: this is our future, and our future stinks.

  31. Bigger picture, friend by The+Tyro · · Score: 4, Insightful

    Just offhand, I'd guess there's much larger fish on GWBush's grill than the microsoft case.

    Let's look at this from a larger perspective: the economy is just beginning to recover from the tech bust (not really bush's doing; presidents don't control the economy), there's a war and reconstruction effort going on, there's the ongoing hunt for terrorists, it's an election year... and you want Bush to focus on Microsoft?

    Microsoft has the money, and we all know that politicians can be bought... John Kerry has certainly taken his share of special interest money over the years. So who would you have us vote for? Nader? (let's be realistic... he has no chance of winning).

    Listen, if you want to take shots at Bush... have at it... that's practically required here at Slashdot. However, let's also be realistic about the bigger picture, and the lack of palatable alternatives. Kerry's no prize.

    --
    Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
    1. Re:Bigger picture, friend by SpaceLifeForm · · Score: 0, Offtopic

      If you vote for Nader, you are voting for Bush.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    2. Re:Bigger picture, friend by Anonymous Coward · · Score: 5, Insightful

      You're right - and another poster made the same point. Money has a lot to do with politics. All I am pointing out is that there appears to be a lesser evil. Or look at it my way: when they screw up, just keep voting the bastards out... better to keep spinning the wheel than give up! If you believe our chances with Kerry might be better - even microscopically better is enough to justify it.

      It's a big government. It took political attention span to stop the antitrust case, not the other way around.

      Monopolies are terrible for the economy. Showing you're serious about economic policy might be very good for a sitting president with problems like Bush.

      You can make criticism of Bush look like a reflex on Slashdot, the same way everyone paints the readership as Linux zealots or anti-Microsoft... But pardon me for being blunt, I call it rude and ignorant.

      It seems to annoy people when a group develops a consensus on something - even when they are correct. Even when what they disapprove of is particularly egregious. Microsoft doesn't deserve scorn, here or wherever thinking people discuss things? Hello? SCO?

      You know what you sound like to me? "If you want to take shots at Hitler... have at it... that's practically required here at soc.culture.jewish."

      And we, on Slashdot, should be called "partisan" (or the same implied) as if the political developments of the last 4 years don't suitably justify it?

      Sorry, just have to get that off my chest. Snidely poking at a consensus opinion (without appearing to worry on wether it's correct) just makes you look ignorant. Say why you think Bush gets short shrift, if you feel differently.

      Don't you think there's a reason people here (and in general anywhere people are more educated than average) dislike Bush?

    3. Re:Bigger picture, friend by Anonymous Coward · · Score: 0

      Corollary: If you voted for Nader, you voted for Bush. Just another case where something, and its perceived opposite ended up being the same thing.

    4. Re:Bigger picture, friend by DF5JT · · Score: 2, Insightful

      " If you vote for Nader, you are voting for Bush."

      That's rubbish. If you vote for Nader, you vote for Nader. Whatever the final percentage is, let it be 5% of all voters, that makes roughly 6 Million people who made their voice heard. If the US's parliamentary system does not allow six Million people to be heard in the ensuing government or parliamentary representation, then that is a fundamental flaw in the system.

      And that can only be changed by showing that people want a third power, a voice that is distictly different from those two monolithic party blocks whose political identies are not differetn in their only goal: Stay in power.

    5. Re:Bigger picture, friend by Alien+Being · · Score: 2, Insightful

      I voted for Nader in 2000 and it didn't help GW one bit.

      I'm from MA. This state's electoral votes are all going to the dems. No two ways about it. I'm voting Nader again. It won't hurt the anti-Bush effort. Kerry doesn't need my help anyway. I'll be able to look myself in the mirror. And maybe, just maybe, it will improve the viability of future independent and 3rd party candidates.

    6. Re:Bigger picture, friend by senahj · · Score: 1



      > So who would you have us vote for? Nader?
      > (let's be realistic... he has no chance of winning).

      Let's be realistic : Ralph Nader would be a total disaster as President :
      prickly, posturing, egotistic, unable to make effective compromise.
      A politician's _job_ is to compromise.

      Nader has always been an inspiring figure (to those who share his values),
      but a failure as an executive. The PIRGs were independent because they
      had to be. Ralph can lead but he can't manage and doesn't get along
      with people who *can* manage.

      --
      Wait a minute. Didn't I say that on the other side of the record? I'd better check ...
    7. Re:Bigger picture, friend by Jagasian · · Score: 2, Insightful

      The main problems with Bush are:

      1. He lied in order to drag our country into war (with Iraq) that has cost of almost a hundred billion dollars and will most likely cost billions more. It also resulted in over 10 thousand deaths, far more than Osama's kill count. Just imagine if Bush decided to convince the country to put hundreds of billions of dollars into rewiring our telecom infustructure with fiber to the curb? We would be having a dot-com boom that would make the 90s look like nothing!

      2. His and his VP's connections with corporate fraudsters such as Enron. Corruption, not terrorism, will be the end of this great country. Look at other countries that have turned to crap... it starts with a little corruption and that corruption slowly grows until it can no longer be handled. Then your country ends up like Haiti or some other banana republic.

      Number 1 is grounds for treason, while number 2 is grounds for impeachment. I am sorry, but I will NOT be voting for Bush this time around.

    8. Re:Bigger picture, friend by SpaceLifeForm · · Score: 1

      That may work in *your* state, but other states are up for grabs.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    9. Re:Bigger picture, friend by drinkypoo · · Score: 1

      I read somewhere that there were at least two states in which if people had not voted for nader, they would have been gore states, and not bush. Given that people are given classes in social studies in high school, and they ought to know what their nader votes are good for, a vote for nader was a vote for bush in the prior election. Yes, it's a result of a flaw in the design of the US government, but it's a known flaw, much like how you can have a micrometer that's three thousandths off but you can still measure accurately with it.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:Bigger picture, friend by lsdino · · Score: 1

      I voted for Nader in the last presidential election. The fact of the matter is I would not have been satisfied with either Gore or Bush as president. And if I hadn't voted for Nader I would have voted Libertarian (and did infact vote Liberterian for all the other candidates where a Libertarian candidate was available).

      The reason why Gore lost (for varying definitions of lost) is not because of Nader. The reason Gore lost is because of Gore. Gore could have advocated policies that would have made the Nader voters vote for Gore. But he didn't. And maybe if he did he would have had less votes anyway. Hell, Gore could of even tried trumpting the successes of the administration he was a part of. But he couldn't even do that. Or Gore could of tried showing a consistent person at all debates, rather than confusing the voters with who is the real Gore. Or Gore could have done many other things differently...

      Let's turn this around. Let's say Gore won (for varying definitions of won) the last election. Would a vote for the Libertarian candidate have been the same as a vote for Gore? I mean, isn't it obvious that a Libertarian would vote for the Republican candidate if they hadn't voted for the Libertarian candidate? Well, actually it's not.

      The fact of the matter is that I, and obviously many others, do not want to and will not vote for the lesser of two evils.

      People who would have liked to Gore win or today want Kerry to win love to say this. The fact of the matter is some of us disagree with you and don't want either of the major candidates to win.

      FYI When I voted for Gore my state wasn't up for grabs. This year my state is up for grabs, but I haven't made up my mind who to vote for. Probably back to the Libertarian candidate, I'd like to see some fiscal responsibility, and I don't actually believe that Kerry will bring that and I think Bush has proven he's not up to the task. I can balance my checkbook, why can't the US Gov't? They make a lot more money than I do.

    11. Re:Bigger picture, friend by Lost+Race · · Score: 1
      I would say most people who vote for Nader not only don't expect him to win, they don't even want him to win. You're absolutely right, he would almost certainly be a lousy president. But by voting for Nader you show that his positions have popular appeal. The Democrats would be wise to adopt some of those positions to get those votes. Nader is far more Democratic than the Democratic Party, which is really just an alternate Republican Party.

      Consider: In a Democracy the people make all the decisions about governance -- the government does exactly what the people want, no more or less. In a Republic the people delegate governance to trusted leaders; those leaders are to do what is best for the people, whether the people actually want it or not. By taking "special interests" into account, the Republicans, in theory, will help the nation as a whole prosper and provide a better quality of life for all the people. The Democrats, on the other hand, must do what the people want even if it will lead the nation into ruin.

      The Democratic Party as it stands is according to the above definitions Republican. Democracy may not be a good idea but it certainly isn't what the "Democratic" Party stands for.

      Nader promises to ignore special interests, tear down existing power structures, and follow a plan approved by the people who vote for him. If the majority did approve and were to vote for him (hypothetical of course!) then he would be a true Democratic leader, leading the nation willy-nilly into ruin (or great success, who knows?) at the behest of his democratic constituents (i.e. the people, the voters, not the corporate campaign financiers).

    12. Re:Bigger picture, friend by DeadScreenSky · · Score: 1

      Not sure about that other state, but in Florida over a quarter of a million registered Democrats voted for Bush. If just the 'Gore voters' had voted for Gore, he would have won.

      --
      There is no excellent beauty that hath not some strangeness in the proportion. -- Francis Bacon
    13. Re:Bigger picture, friend by sremick · · Score: 1

      So who would you have us vote for? Nader? (let's be realistic... he has no chance of winning).

      Isn't this simply a self-fulfilling prediction, that goes agaist the whole concept of voting?

      Seems to me that an attitude like that ensures that we never get out of the 2-party rut we're currently in. If you ever want change, you have to be willing to stand up for what you believe in, not just go along with what everyone else does because "everyone else does".

      If you want Nader, stand up and be counted. Don't be defeatist... obviously Nader won't win if the majority of people who want him to don't even try.

      (Disclaimer: I'm not necessarily pro-Nader... I'm speaking on matter of principle here)

    14. Re:Bigger picture, friend by drinkypoo · · Score: 1

      Now are we talking about the real Floridans, or the virtual ones?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  32. Re:it seems to me by RLiegh · · Score: 1

    If we're counting on the legal system to have "testicular fortitude" ...particularly in the face of MS... then we might as well drop trou and forget it!

  33. stating the obvious by hak1du · · Score: 1

    Among the highlights is a prediction by Mr. Anderer that Microsoft has many more disruptive lawsuits planned up their sleeves."

    Of course, they are. As open source threatens Microsoft, what do you expect Microsoft to do? Just say "oh, we are sorry, we are just going to go out of business quietly"? Their officers would be violating their duties as corporate officers if they did that.

    The legal threat from Microsoft stems primarily from patent law. But you shouldn't complain about Microsoft there (other big companies are using patent law in the same way and Microsoft actually hasn't used it much), you should be complaining about the law itself. Better yet, vote to have it changed.

  34. the one good point of his.... by The+Lynxpro · · Score: 1

    "I think one real issue, that people are skirting, is who will be the ultimate guarantor of IP-related issues in a world that is governed by the GPL and GPL-like licenses. I could easily see IBM, HP, Sun, and many of the other large hardware players solving this problem tomorrow by settling the dispute with SCO and maybe even taking the entire code base and donating it into the public domain. I know this is what I originally thought would happen, at least the settlement part. I am not certain what people who paid tens of millions for licenses would say if what they paid for was now free, but that is a different issue."

    Now if I recall correctly, Caldera had planned on putting Unix completely under the GPL but could not because of so many different companies code being in the product. Perhaps IBM should sit down with Novell after the lawsuit is over with (and IBM owns whatever IP SCO actually "owns" of Unix) and get all the Unix licensees (well, Microsoft will be difficult) to sign off on any rights to Unix code and then move it over to the GPL, a BSD type license, or public domain. At the very least, a new license that would spell out exactly-and-to-the-point that any code a licensee creates for their own deriviative version of Unix would be their own IP and they could do whatever they wanted with it. That would solve any future attempts at an SCO-type of lawsuit against "creeping features" of Unix making its way into Linux or BSD (and when I say BSD, I mean OS X, tee hee)... :)

    --
    "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
    1. Re:the one good point of his.... by Anonymous Coward · · Score: 0

      IIRC it was IBM who tried this with AIX?

  35. Too good to be true? by Rick+Zeman · · Score: 3, Interesting

    I helped build the channels for most of the products that corporate America is currently using and some they will be using soon. In several cases, I am finally finding or developing ways to solve problems I have been working on for the last 20 years. The only way I can hide is to work so hard that it becomes close to impossible to track all the companies I have owned, bought, sold, rolled up, or sat on the board of. If you include the ones where I helped entrepreneurs and companies through tough times, or sat on non-profit boards, the list would be even tougher to follow.

    Modest lad, isn't he? I'm always suspicious about people who feel the need to have such a self-serving description...as there's usually snake oil to follow.

  36. GPL is a copyright by linuxislandsucks · · Score: 1

    you forget GPL is a copyright so its useless to talk a breaching copyright its not breached

    Fro examep I can say in my copyrigth license that I want your soul, blood, and future unborn children..and that any govenrment is giving up certainrights..

    where is this famous copyright clause guess?

    Look at your MS copyrighted software..:)

    --
    Don't Tread on OpenSource
    1. Re:GPL is a copyright by BiggerIsBetter · · Score: 1

      I didn't forget that at all. You're mis-reading my post. The point is that if someone further up the GPL distribution chain breaches the copyright of *non* GPL'd software, those further down are still distributing it. Whether it's a problem for them or not is up to the courts to decide.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
  37. Best comment from Newsforge site... by Anonymous Coward · · Score: 0

    ...and it deserves repeating here:

    - I am great.
    - I am so busy in great stuff.
    - I have great patents.
    - You all don't understand how great my knowledge is so I demonstrate my great wisdom by spouting irrelevent hot air.
    - Wasn't that great?
    - You are not a great as I am.
    - Someday I'll be able to tell you more about how great I am.
    - Go back to your mundane lives while I go do great things.

  38. he doesn't get 'it' by mojoNYC · · Score: 3, Interesting

    this sentence reveals the author's bias:

    Nobody wants to be the ultimate guarantor for software that was free (or close to it).

    that's free as in beer, not speech--why is this so hard for $uit$ to understand?

    although, given the state of the union, we may be coming to this:

    Nobody wants to be the ultimate guarantor for speech that was free (or close to it).;>

  39. This all happens where? by CrackedButter · · Score: 1

    O yes, in America of course where none of this matters outside that little planet. Opensource can either grow with or without the USA's help.

    1. Re:This all happens where? by Anonymous Coward · · Score: 0

      As much as i hate USA-centric bull, i hate Eu-centric bull as well. Quotes like this of yours ain't gonna make any relationship better.

      You can assert we in Europe don't have a DMCA. Yet, something alike is coming. You can assert we don't have software patents in Europe. But that ain't certain either.

      The USA individual programmers as well as the large companies back up FLOSS. That certainly helps! And their patent laws hurt our freedom too.

      What we imo need to do as Europeans is oppose any laws which thrive against our freedom, or against our technology freedom if that's what you only care for. Any help, advise, protest from our USA friends is worth a bit in our efforts. We are an _international_ community, not a continent or anti-certain-nationality community.

      While on the same time we also help our USA friends with their problems, for example the patent cruft. It's easy to say: "oh that's somewhere else" but be honest it does hurt our efforts as a whole, right? It would slow down FLOSS, agree? I, for one, hope we will keep going on teeming up...

      I haven't mentioned other countries. I intended to do so because i don't know much about software-freedom problems in other countries. A shame, sorry. But i'd be surprised if some countries would shoot their own leg. Brasil for example better not invent software patents if they want to migrate to FLOSS.

    2. Re:This all happens where? by Anonymous Coward · · Score: 0

      "Opensource can [sic] either grow with or without the USA's help."

      Be more emphatic. ...WILL grow...

      There is no doubt about this being the case.

    3. Re:This all happens where? by CrackedButter · · Score: 1

      you assume I live in the EU of course because where in my post was it "EU-centric"? It was the US vs the world type statement.

  40. Innocent my ass by theolein · · Score: 4, Insightful

    This interview left me boiling. It is so full of Microsoft PR and empty nothingness that there can be just no way thta this guy is not in this up to his ears.

    Quotes:
    I suspect Microsoft may have 50 or more of these lawsuits in the queue. All of them are not asking for hundreds of millions, but most would be large enough to ruin anything but the largest companies.

    Translation: Yeah, Microsoft is behind the lawsuit. Oops I let the cat out the bag, because I hardly mentioned SCO in the article and gushed about Microsoft for most of it. And a little theatening works wonder now and again, doesn't it, nudge ndge, wink wink, say no more.

    Since the GPL type license agreements push the liability to the users, who do you go after? I think this is a key problem. Nobody wants to be the ultimate guarantor for software that was free (or close to it). I think the dispute with SCO would have been settled a long time ago if everybody knew this was the last one. The problem is there will probably be hundreds or even thousands of these disputes in the future and the targets will be the companies with the deepest pockets. Even if the large vendors disclaim all responsibility initially, I do not think the customers will accept this from their vendors for very long. In the meantime, I don't see anybody being in a hurry to write the first big check.

    Translation: I'm just busy repeating what Darl has been pissing into the winds so I can make people worry more than they are. Yet even I am just too fucking stupid to understand the GPL and still don't get it. (hint to Mike: You and your kind of greedy money grabbing fuckwits deserve to get your assses sued out of existence for your stupidity: If there is no proprietry IP in the Linux kernel then the GPL protects us very well.)

    I have also had several long lost friends contact me. I think they thought I might need some support.

    Tranlsation: Bill and Darl have been on the phone screaming at me for that leaked letter. They have warned me to only say nice things about Microsoft and SCO. (Hint for Mike: You're gonna need that support mike, because IBM is almost certain to subpoena your ass into court, and if they don't Novell and RedHat will. After that you will know what it's like to get screwed in the butt by a big hairy Convict.)

    1. Re:Innocent my ass by Anonymous Coward · · Score: 0
      No, no, no, no, no.

      Did anybody think before responding to this assertion in his letter? (It's not just this posting -- it's the vast majority of posts on this story thread.)

      In mentioning the $500 billion lawsuit and 50 others like it, he is referring to Eolas' bogus lawsuit against Microsoft regarding browser plugins. This is the one that has recently been overturned by the USPTO, pending appeal.

      Now, I'm not saying Mr. Anderer's letter on Newsforge actually clears anything up. In fact, most of the comments are dead-on in saying that it's a bunch of hot air that doesn't really address the points the Newsforge editors have raised in the past few weeks. But regarding the lawsuit comment, it seems virtually everyone has misinterpreted what he's saying there.

    2. Re:Innocent my ass by shadowbearer · · Score: 1

      Mod parent up (I hate saying that about ACs, but what the hell).

      I'm starting to wonder if Anderer wasn't being deliberately obtuse in that statement.

      On the one hand, you and others are right about what the language technically means, that he doesn't believe that small companies stand a chance in our lawsuit-happy country. He's probably right about that, unfortunately. Litigious bastards like SCO will always be with us.

      OTOH, taken the other way, it does come across as a veiled threat against FOSS, that companies like Microsoft stand to gain from side-funding companies to instigate lawsuits against the FOSS world. Litigious bastards. Fuck them.

      The Gripping Hand is that Anderer would be more of a fool than he already is to clarify what he meant publically - he'd be screwed either way - so it'll just stand as more of what it is: FUD.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  41. a better summary by invalid_user · · Score: 1

    This guy is an asshole.

  42. Mike Anderer is only now beginning to 'get it' by iwbcman · · Score: 5, Insightful

    Firstly, I admire Mike Anderer for speaking up for himself. Although he is apparently very well known in the insider community of IP-financing he was unknown to the rest of the world prior to ESR's Halloween X release. Being catapulted into the public eye in such a way is not easy for anyone, even more so when the response of the public at large is quite venomous.
    Secondly, I get the impression that Mike Anderer is almost there, almost beiginning to fathom the changes in the software industry which he has referred to. He is not simply stuck in the old-style IP tradition which became utterly dominant in the last 20 years-no he was one of the architects of this development.
    Secondly, For people like him compatibility, exhangability and interoperatibilty means cross-licenscing. According to this view if companies want to exchange documents between various applications cross-licensing agreements must already be in place which allow for this to happen.I can imagine that for many companies, during the time frame where the IP hegemony system was comming into being(early 80's), the idea of cross-licenscing as the way to enable open exchange and interoperation was quite obvious and even common sensical.
    What people didn't realize then, and which many fail to still realize now, is that all of the problems of compatibility, exhangability and interoperatibilty are created by this IP regime to begin with. Only when one sees that these issues are contrived issues, issued which have no technical merit, and are issues which themselves promote and prolong their own very being, does one begin to see how self-servingt the IP regime really is.
    Mike Anderer has been in the buisness of creating the need for his own buisness for the last 20 years- and he is not alone. He is but one of an entire industry of IP tychoons which arose in the ecosystem of IP. HE and people like him worked to develop the IP system and these same people then provided the solutions to the self-created problems which the IP system inherently produces-one could view this as a form of autopoesis.
    Thirdly, his confusing of the GPL with public domain is pre-programmed. The notion that something can be licensced in such a way that this license itself cannot be bought or sold contradicts, in it's very roots, what licensces have always traditionally meant. The price of the GPL is priceless -and the free software community will stand forever in debt to the brilliance of this licensce. Mike Anderer cannot really grasp this concept fully without fundamentally re-evalutating what licenscing means-and this is of course the fundament of his occupation for the last 20 odd years. For him to fathom this sea-change in the software industry it is necessary for him to understand the incredibly subtle, yet profoundly deep difference between the GPL and public domain/propietary IP.
    Understanding this difference means relinquishing the defining oppsoite self-definition of IP-IP has always defined itself through it's opposition to it's other(andere)- public domain. The two notions need each other and exist for each other's benefit. The temporary evil of IP find's it's absolution in the eventual transition to public domain. The defered time, the temporary evil-to-be-covercome, constitutes the horizon of the economy of relative value which is traded in the IP system.
    The GPL is never public domain and is never to be bought or sold-it is a-economic in the strictest sense of the word. For Mike Anderer to understand this he would need to call into question the raison d'etre of his entire proffesional life and therein lies the damning self-service of the IP industry.

    1. Re:Mike Anderer is only now beginning to 'get it' by ctid · · Score: 1

      This might just be the most insightful comment I have ever read at Slashdot. My hat is off to you, iwbcman.

      --
      Reality is defined by the maddest person in the room
    2. Re:Mike Anderer is only now beginning to 'get it' by Xenographic · · Score: 4, Insightful

      [The following is from my post to this story on Groklaw.]

      Okay, I'm not a lawyer, much less one who specializes in patents. I am, however, a mathematician who has done some game theory.

      Basically, ALL companies are vulnerable to something I have dubbed an "IP Vampire." Whereas other businesses have products, which make them vulnerable to counter-suits over patents, an "IP Vampire" has no products. It has nothing but patents, lawyers, and enough capital to sue. It is NOT vulnerable to counter-suits, so they have only to weigh their case: license the patent, or settle. Either of these costs the business they sink their teeth into. Even defending themselves successfully costs them money. It's a no win situation for the business they bite. Enough of them can drain any company. Anyone who sponsors them is short-sighted. As long as it is legal, the competition can do this just as well as they can. For a monopoly to do this, one might think it could raise anti-trust issues, but I suspect a lawyer would have to make that arguement, and I am not one.

      Microsoft is every bit as vulnerable to these as the next company. It nearly got hit for 500M thanks to Eolas. They should be glad that that patent did not have so much prior art. They cannot win them all.

      If this is legal, everyone who can do this will. At some point, they will have to sponsor such suits just to stay alive (or to try to). If it's not legal, game over. I hope that someone can eventually find a way to straighten much of this out. Personally, I would end software patents for starters... software is just mathematics, and anyone who says otherwise is spouting nonsense. I do not agree that mathematics should ever be patented. We know that it is not necessary to drive mathematical innovation, after all. Ask Euclid and company. I can only wonder how much mathematical progress would have been lost if all the works of antiquity could not have been preserved... we had all too few copies of the great mathematical works to learn from for too long, after all...

      But I digress. The principle behind an "IP Vampire" is simple. Defending against them is futile. I suspect that Microsoft is thus banking on the only principle of that game to their advantage--whoever has the most money, especially if they move first, wins.

      But that would eliminate all competition. If our anti-trust regulators are that asleep at the switch, well... something will have to be done... I know all to well that if you don't like the rules, you have to change the game. I know a few other games to play. I would rather not play any of them, however. It is like the movie "WarGames" -- the only way to win is not to play.

      In the mean time, I think that publicity will probably suffice. The more people who know why they do not want to do business with Microsoft, or anyone else who promulgates these insidious "IP Vampires" the better...

    3. Re:Mike Anderer is only now beginning to 'get it' by Azureflare · · Score: 3, Insightful
      Your comment rocks, man. Kudos to you. You should write that in to an online publication before they steal it from slashdot ;)

      At any rate, I think there's something you should follow up on: Perhaps Mike Anderer DOES understand that the GPL threatens his livelihood. It could be, and I think it's very possible, that he is saying this, deliberately misrepresenting the GPL, so that he CAN save his livelihood! If the GPL becomes widely adopted, because it gets rid of all that IP muss, Anderer will be out of a job. He knows there's an avalanche falling, but he's hoping that placing a twig in such a way will stop it...

      It'd have to be a pretty strong twig, though.

    4. Re:Mike Anderer is only now beginning to 'get it' by wrecked · · Score: 1
      Yes, re-publish your insightful post to Groklaw.

      Regarding the distinction between GPL and public domain: I wonder why so many people like Anderer, who perfectly understand the merits of patent cross-licencing, cannot see the GPL as a copyright analogue of the same principle.

      Under the GPL, the code contributor still retains copyright ownership over their code, but "cross-licences" to the public at large in exchange for any code contributions that others may make in redistributing the software.

      This is hardly public-domain charity. Software authors who use the GPL are deriving distinct value from the licence, even if it is "priceless".

    5. Re:Mike Anderer is only now beginning to 'get it' by Anonymous Coward · · Score: 0

      Wow, this is really really insightful, definately the comment of the day.

    6. Re:Mike Anderer is only now beginning to 'get it' by Anonymous Coward · · Score: 0

      > But I digress. The principle behind an "IP Vampire" is simple. Defending against them is futile. I suspect that Microsoft is thus banking on the only principle of that game to their advantage--whoever has the most money, especially if they move first, wins.

      If 'resistance is futile', why didn't IBM buy off/out SCO?

    7. Re:Mike Anderer is only now beginning to 'get it' by Xenographic · · Score: 1

      The idea is to 'pre commit' to an attack, since that keeps them from getting easy money from settlements.

      While I was focused on the idea of the 'vammpires' being goons for hire, there are other companies who seem to be just out to make a buck from suing/settling with people thanks to whatever patent they have.

      There's more than one game to play, here. Besides, IBM clearly thinks it's on firm legal ground here, they have a chance to set good precidents vs. a weaker adversary, etc.

      The thing is, bottom line, IBM is still out money defending themselves from this nonsense, no matter how it turns out, unless they can prevail in the counter-suits (and here we have to be glad that SCO actually once made a product...), not to mention their interest in exposing Microsoft as the ones behind this...

      Anyhow, all that said, the sad fact is that whoever has enough cash can simply hire various goons, supply them with IP and enough capital to sue, and send them on their merry way to attack their competetors. The idea, of course, is to distance themselves from any counter-attacks, while disproportionately draining the adversary's cash reserves as much as possible.

      But don't get me wrong; I suppose it's all not quite as dire as I made it sound, even if this use of patents is utterly contrary to the original intent of the patent system. To be sure, there are still plenty of ways left to change the game, and thus the rules...

      Otherwise, we may well see this sort of uncreative destruction, simply trying to hurt competitors, even at one's own expense (I think that this is illegal for a monopoly to do, similar to predatory pricing, but a properly funded non-monopoly entry might still be able to do unseemly things... of course, IANAL)

    8. Re:Mike Anderer is only now beginning to 'get it' by Linuxathome · · Score: 1

      Following the heels of another reply to your post: yes, you should write a piece discussing your points to be published in the NY times or the New Economist or one of the financial magazines before the idea is stolen and rehashed by another author.

      However your comment is just a triple and not a homerun. To make it a homerun, you'd have to go back to the GPL and pick out the crucial points in it that the likes of Mike Anderer cannot fathom due to them being fettered to the old ways of business. You are proposing a complete paradigm shift of IP law brought on by the viral acceptance of the GPL.

      Perhaps as filler to your piece, you may want to add as examples other areas of IP contention not pertaining to software -- music comes to mind.

      Overall a well put comment, I particularly like your new vernacular -- autopoesis, may I use it?

    9. Re:Mike Anderer is only now beginning to 'get it' by shadowbearer · · Score: 1


      That was one fabulous post.

      What people didn't realize then, and which many fail to still realize now, is that all of the problems of compatibility, exhangability and interoperatibilty are created by this IP regime to begin with. Only when one sees that these issues are contrived issues, issued which have no technical merit, and are issues which themselves promote and prolong their own very being, does one begin to see how self-servingt the IP regime really is.

      That was probably the most insightful paragraph I've ever seen written by a slashdotter. You simply HAVE to repost this elsewhere, somewhere where Anderer will see it - that statement alone might be the clue he and others need to start understanding why people write free software.

      Hats off and deep bow to you, sir.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    10. Re:Mike Anderer is only now beginning to 'get it' by OpieTaylor · · Score: 1

      >be the most insightful comment

      The comment completely mis-reads what Anderer is saying, so how can it be insightful?

      Anderer never claimed that GPL and public domain are the same. RTFA. Again if you didn't get it the first time.

      --
      Thanks a lot, big brain. (K. Vonnegut, "Galapagos")
    11. Re:Mike Anderer is only now beginning to 'get it' by OpieTaylor · · Score: 1

      Anderer isn't confusing GPL with public domain; he saying that public domain-ing Unix is the only refuge that Linux has from the storm of IP attacks that are coming our way. It doesn't matter AT ALL whether the attacks are valid, it only matters that MS and their dependents have $billions in their war chest, and that their future depends on it.

      --
      Thanks a lot, big brain. (K. Vonnegut, "Galapagos")
  43. Only willful infringement results in damages by Anonymous Coward · · Score: 0
    IANAL, but AFAIK only infringement done willingly could result in liability and possible damages. So even if you did redistribute code that was improperly included into a OSS product, you wouldn't have any liability if you did not and could not know about the possible infringement.

    Remember, even if SCO is correct about their "IP" (whatever the fsck that is as "IP" is a bogus term) being in Linux, since they've made no effort to mitigate the problem, SCO won't be entitled to any damages.

    This is just another M$ FUD red herring.

  44. "spaces" is the new buzzword by Anonymous Coward · · Score: 0



    so instead of saying

    "hi jack, what do work in? " "well i work in sales"

    you can now dress it up to:
    "hi jack, what do work in? " "well, the current space iam occupying is sales"

    making you think you sound more intelligent when in reality you are confirming that by using buzwwords you are hiding shortcomings in either your personality or your work making your position or your opinion less likley to be accepted

    but you carry on in your "space" and i will use or "leverage" the products and opinions of those who can tell it how it is, not how they imagine

  45. GPL == PublicDomain ?!?! by penguinbrat · · Score: 2, Interesting

    Eventhough the "responce" of this guy reads like his resume in most parts, the one thing I did pick up on, is how he relates the GPL back to the PublicDomain just as MicroSoft (I blieve) and SCO.

    This got me thinking on why these companies would view the GPL this way, when their are obvious and huge differences. However, to the enduser, for example my parents, it is essentially the same as the public domain - for this reason; they will NEVER know who Linux Torvaldi is, or let alone that he is respnsible for bringing them what they rely on - both comercially and privately..

    The essence of the GPL is to provdide a protected way to share knowledge and ideas, and to encourage such a freedom. At the intellectual level, this is the best thing to come along since boxed bread. However, at the business level there is no inherent value of the GPL simply because of the fact that the end user(s) of the resulting products, may very well never know who authored the said product and consequently there could conceivably never be any return on the hard work.

    Take the revised XFree86 license that essentially just expects acknowledgement of their hard work.

    The big difference between XFree and IBM/Novell/Redhat/etc.. is that the later would conceivably see a return from their efforts with supporting the entire system that they help build, while XFree would never see such a return because they only help build it and to the enduser they are never acknowledged.

    Perhaps what the open source community needs to consider is a way to acknowledge the given author(s) if so required - for example in the configuration the X server, acknowledgement of XFree86 and the comercial video driver manufacturer (NVidia/ATI/etc..) could be linked back to their respective sites or something.

    Without this acknowledgement, the open source community is essentially alienating the software business world (the community itself will figure out how to support the given product and likewise make any business efforts moot to a certain extent), and these tif's and battles with companies such as SCO and Microsoft are going to be inevitable.

    The open source community needs to make every effort to bridge this gap between the intellectual and business worlds - other wise these battles and wars will just get worse, and consequently just as threatening...

    1. Re:GPL == PublicDomain ?!?! by Tony-A · · Score: 1

      The open source community needs to make every effort to bridge this gap between the intellectual and business worlds - other wise these battles and wars will just get worse, and consequently just as threatening...

      Symbiosis can be defined as mutual parasitism. It's a lop-sided arrangement, but to both party's unfair advantage. As long as neither side gets grabby and greedy, I'm sure something can be worked out. Both sides need to be aware that the other side has very real concerns even if they don't seem to make any sense. The point is they don't need to make any sense. If someone takes something I don't care about, why should I care. If I can give someone something they need desperately, with no cost or effort on my part, why not?

  46. Loony by Anonymous Coward · · Score: 0

    This guy is a loony. Guaranteed. He spends half a dozen paragraphs rambling on about himself, then when he finally gets to the topic at hand he starts tossing out misguided generalities.

  47. Patents by RAMMS+EIN · · Score: 1

    From the article:

    ``In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies (although this is not completely settled yet), how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash?''

    I think that says it all. Software patents are evil.

    --
    Please correct me if I got my facts wrong.
  48. The guy knows he's a weasel by Infonaut · · Score: 1
    My favorite sentence from his self-promotional screed: "I am still hoping people dig up some of the more positive projects I have been involved with."

    --
    Read the EFF's Fair Use FAQ
  49. I cannot talk to you without permission by Anonymous Coward · · Score: 0

    I am certain people would like to know what is happening but I cannot talk to you without permission.

    What an ingenious way of beginning a speakout.

  50. Open sstandards, then Open software. by RetiredHacker · · Score: 1

    The internet exists because of open standards.

    The logical progression is to open API for the
    code bits that provide a common interface for the
    use of those standards, and then open software.

    The GPL has caused this to happen, but Anderer, like many others appears to not understand the history and implications.

    This is all part of the next step in the progression.

    --
    ... Retired Hacker
  51. Groklaw's take on this by FunWithHeadlines · · Score: 4, Informative
    And here's PJ's take on this letter in Groklaw. She feels he inadvertantly gave away the overall scheme. Interesting stuff.

  52. ...the ??cruft?? of the MS trial was about?! by Anonymous Coward · · Score: 2, Informative
    "... which is what the cruft of the MS trial was about."

    OK, I'll be the Language Police this time, because the word cruft in this case is not just an ordinary misused word, it's a misused hackers' word.

    Let's use the right word to express ourselves. The word that should have been used is " crux ."

    According to the New Hackers Dictionary, the definition of cruft is:

    1. /n./ An unpleasant substance. The dust that gathers under your bed is cruft; the TMRC Dictionary correctly noted that attacking it with a broom only produces more. 2. /n./ The results of shoddy construction. 3. /vt./ [from `hand cruft', pun on `hand craft'] To write assembler code for something normally (and better) done by a compiler (see hand-hacking). 4. /n./ Excess; superfluous junk; used esp. of redundant or superseded code. 5. [University of Wisconsin] /n./ Cruft is to hackers as gaggle is to geese; that is, at UW one properly says "a cruft of hackers".

    The appropriate word was crux, which, as defined in Merriam-Webster Online, means:

    1 : a puzzling or difficult problem : an unsolved question 2 : an essential point requiring resolution or resolving an outcome 3 : a main or central feature (as of an argument)

    So let's at least use words correctly that we as hackers made up ourselves. It's really not enough that we just find the closest-sounding hackers' word to substitute for a perfectly good, already existing word. The malapropism that results isn't even funny to anyone but other hackers.

    And just think of the ridicule you would receive if, instead of posting a English language comment with a malapropism in it, you had instead posted a C++ program with a malapropism in it.

    1. Re:...the ??cruft?? of the MS trial was about?! by fucksl4shd0t · · Score: 1

      So let's at least use words correctly that we as hackers made up ourselves.

      We made up the word cruft? Seriously, I thought that was a pretty old slang word, like 'lop'. See, to 'lop a system on there' is to just throw up a few pipes and a muffler without regard for how well it's assembled, how long it'll last, or if it even does it's job in the first place.

      Hmm, maybe I should retake my HIgh School english classes, since I obviously don't know real english anymore.

      --
      Like what I said? You might like my music
  53. And think about who Osama would vote for, too by Anonymous Coward · · Score: 0
    That's along the same vein, too.

    And it matters a whole lot more than how strong the government is in coming down on Microsoft's attempts to stem the commoditization of the software world. Because in the end, software commoditization is going to happen - for a lot of reasons. Where the US government comes down on the issue will only move the significant dates a few years. Like Microsoft's desktop share dropping below 50% in eight years instead of six. Microsoft can't stem market forces any more than the Soviet Union could control their markets. And the Soviets had a hell of a lot more resources and power than Bill Gates is ever going to have - even in his wildest dreams.

    And we know who Osama bin Laden and Saddam Hussein and Kim Jong Il and the mad mullahs of Iran would vote for come November, now don't we?

    (Go ahead, mod this troll or flamebait. That's just sticking your head in the sand...)

    1. Re:And think about who Osama would vote for, too by Anonymous Coward · · Score: 1, Insightful

      It is very unclear who you think he would vote for.

      Would it be Kerry, because He is scared of Bushes commertials on TV? And maybe his wide funding of militarization? (although OBL avoids the military completely when attacking)

      Would it be Bush? Because OBL wants bad things to happen to the US: The Crash of the economy, Citizens which aren't taken care of because of few social services, disapearance of natural ressources because of bad environment policies, things that make the country generally poor and leaves it in a state of chaos and fear.

      I personally think OSL would vote for Bush. He would predict that the poor state of the country would probablably make it more vulnarable to attacks and use this to his advantage. I mean remember that OSL made is attack avoiding the military altogether. All the thanks planes Nuclear missiles Bush is putting money in wouldn't do a thing to stop the type of attacks OSL does. Better intelligence perhaps, but we all know Bush has failed at that.

      But who where you referring to?

  54. Re:RTFA!!! +5 intelligent reader by frontloader · · Score: 1

    MOD parent UP.
    im having trouble remaining convinced that reading slashdot is all the carefully considered journalism it originally attracted readership because of.
    please, editors, try and glance at the article.

    --
    - yummy rootbeer.
  55. Saving the world, one license at a time by marianne1017 · · Score: 4, Interesting

    This guy has a messianic complex. I thought it was telling how he describes himself and his incredible career. Also rather naive of him to implicitly threaten companies who don't have billions in cash to defend fake IP lawsuits. Also rather stupid of him not to be able to imagine a world in which GPL protects producers AND consumers. Marianne

  56. Where? by Anonymous Coward · · Score: 0

    MaristasMurcia1977

  57. Hardware Support by RAMMS+EIN · · Score: 3, Informative

    Hardware support is the _worst_ thing to argue for Windows being better than Linux. Linux support far more hardware than Windows, just consider all those architectures that Linux runs on and Windows doesn't.

    Also, many drivers in Linux are actually written by people who actually maintain them, meaning that if your peripheral is supported in 2.2, it's likely to also be supported in 2.4, 2.6, and future versions. Contrast this with Windows where devices can and do become useless when new and incompatible Windows versions come out, and some drivers won't be ported to the newer version, whereas other things won't be released for earlier versions -- you must upgrade to use the new functionality, but that means you can't use your old device anymore.

    I have a dream that one day, hardware manufacturers will actually care to support a plurality of operating systems, either by shipping drivers for various systems (this is already happening to some extent), or, preferably by releasing specifications (which used to happen in the past) or standardizing interfaces at hardware level (I think many USB devices do this). Or they might embed platform-independent drivers in firmware, a la OpenFirmware. I think this dream might just come true when the operating system monoculture is broken.

    --
    Please correct me if I got my facts wrong.
    1. Re:Hardware Support by Anonymous Coward · · Score: 0

      Hardware support is the _worst_ thing to argue for Windows being better than Linux. Linux support far more hardware than Windows, just consider all those architectures that Linux runs on and Windows doesn't.

      Unfortunately quality and quantity aren't the same thing.

      Linux runs on all sorts of hardware I don't own. Windows runs on the hardware I do own. Which of them is better for me?

  58. Re:Think about how you vote - SCANNER for Linux by Anonymous Coward · · Score: 0

    Sorry to hear you bought a scanner that does not work with Linux. This is an area I did a lot of research on recently, and wound up buying an RX500 made by Epson (printer/scanner/copier). The reasons were the support Epson has reportedly been giving to development of Linux drivers for printers and scanners and the ability to scan to a memory card without a PC connected, eliminating any potential problems with compatibility and also giving me a powerful feature. It works great and I am very happy with the scanning and printing capabilities of this unit. It was pricey, at $250 , but both scanner and printer rock!

  59. Finding scapegoats -- CEO/MBA/Biz bad rep by Linuxathome · · Score: 2

    I think one real issue, that people are skirting, is who will be the ultimate guarantor of IP-related issues in a world that is governed by the GPL and GPL-like licenses.

    It sorely disappoints me that those with money and power will always try to find a scapegoat -- Mike Anderer is no exception. Obviously he will always live up to the perpetual negative stereotypes of CEOs and upper management with comments like this.

    GPL and GPL-like licenses have always been about the community and the greater good -- and it is obvious people like Mike will never "get it." Instead of finding the person to sue, they need to think about the greater good of the community and approach it as such -- i.e. "I'm here to try to work things out with arbitration and a good dialogue." Instead they come in with guns blazing and slap such a huge lawsuit hoping for such a huge payout that people will just laugh in their face and think they're just crackpots -- ruining the whole dialogue in the first place. Approaching issues such as licenses and IPs will require lots more tact than these individuals of the "old school" will care to exercise.

  60. GPL code can't easily go into the public domain by Random+BedHead+Ed · · Score: 3, Interesting
    A few people have commented on Anderer's comments regarding putting the kernel into the public domain. I agree that it's great that this guy came forward, but frankly I would have thought that someone as involved in copyright and patent licensing as he claims to be would know a bit more about the ins and outs of copyright law, particularly as it pertains to Linux and other GPL-licensed software. Consider this:
    I could easily see IBM, HP, Sun, and many of the other large hardware players solving this problem tomorrow by settling the dispute with SCO and maybe even taking the entire code base and donating it into the public domain.

    This shows a serious lack of understanding. IBM, Sun and many other large contributors to the kernel have a lot of power in the industry, and they each own copyrights over the parts of the Linux kernel that they contributed. But they don't own Linux as a whole: each of them owns pieces of Linux, but the code surrounding what they contributed is licensed to them. The license is the GPL, which does not allow them to re-use the code under a license other than the GPL. So in theory Sun (or one of the others) could take code they contributed to Linux and put it in the public domain, but they couldn't touch the surrounding code, nor revoke the GPL-granted rights of people who licensed the code as it exists in the kernel.

    The idea of Linux going into the public domain is wishful thinking that we've heard a few times from people in the industry. They need to get over it, because it's highly unlikely. They also would benefit from learning a bit more about how these collaborative uses of copyright work. Contrary to Mr. Anderer's comments, the economic model of the GPL has actually been thought out in great depth: there is little room for the licensing models employed in the past by priprietary software vendors, but this is intentional and not in need of fixing.

    1. Re:GPL code can't easily go into the public domain by the-banker · · Score: 3, Interesting

      You are thinking about the wrong OS.

      He isn't referring to putting Linux in the public domain, he is referring to placing Unix in the public domain.

      In other words, he is surprised that the quick solution - buy the source to Unix then place Unix source in the public domain - has not happened.

      There are a lot of things that Anderer stands for that I despise, however someone like IBM doing what he suggests would actually be good for the community in that it would settle a lot of the licensing murkiness around Unix that has hung like a pall over it for years (AT&T, BSD, Novell, SCO, SCO/Caldera, etc...).

      I think this would prove next to impossible in a practical sense, however, as I am sure that other companies would claim that IBM doesn't own *ALL* of Unix and sue on that basis.

      The bottom line is that I don't see Unix license issues ever disappearing completely - the best we can hope for is a clear judgement against SCO that prevents any other company from trying similar tactics.

    2. Re:GPL code can't easily go into the public domain by Anonymous Coward · · Score: 0

      I think you misunderstood. I think the author was referring to the result of a settlement between IBM and SCO being that IBM would pay SCO scads of money to acquire the company's "IP" and then put SCO's codebase in the public domain. :)

    3. Re:GPL code can't easily go into the public domain by shadowbearer · · Score: 1


      Yeah; but Anderer just doesn't get it.

      If SCO/Darl/Chris had approached IBM and politely said "Hey, look, if you give us $X so we can retire we'll give you the rights to our Unixware code, and you can opensource it if you want" I'd bet that IBM would have jumped at it. It would have benefitted IBM and everyone else, and I think it likely that IBM would have realized that (they certainly understand the benefits of supporting opensource).

      SCO fucked up badly and has shown just what kind of greedy mofos they are in pursuing this whole business. They are so wrapped up in their own fantasy world of their own importance that they can't even get a whiff of reality. Stupid fools.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    4. Re:GPL code can't easily go into the public domain by Anonymous Coward · · Score: 0

      He isn't referring to putting Linux in the public domain, he is referring to placing Unix in the public domain. In other words, he is surprised that the quick solution - buy the source to Unix then place Unix source in the public domain - has not happened.

      I have a better plan for IBM: Hammer the litigious bastards until they bleed, rupture the corporate veil and do the same to their secret masters in Canopy, enlist the SEC to sling the stock-scheme pump'n'dumping executives from both companies into jail, comb the wreckage to find the source to Unix, and then place Unix source in the public domain.

      And after that, of course, follow up with convicted monopolist Micros~1 and their boy-wonder lobbyist Anderer. Let's see how well that NDA holds up in federal court, up against Kollar-Kotelly...

      OK, it's not the "quick solution", but it's certainly the just one.

  61. Kerry? by Ender+Ryan · · Score: 2, Interesting
    Kerry's no prize.

    To be perfectly honest, I really haven't been paying enough attention to politics lately.

    All I know about Kerry is that he appears to be more "intelligent" than Bush when he's jabbering on TV, ie. he's more articulate, but I don't know what he stands for.

    I don't mean to pick on you, specifically, but since you stated, "Kerry's no prize," could you tell me why that is?

    I don't particularly like the Democratic party, but neither do I like the Republican party. I would toss out another protest vote, but at this point I have come to the conclusion that Bush has been terrible for this country, and unless his oponent is actually worse, I plan to vote for "anyone but him" this year.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
    1. Re:Kerry? by Anonymous Coward · · Score: 0
      Kerry ... but I don't know what he stands for


      Don't feel bad. Nobody else does either.

    2. Re:Kerry? by The+Tyro · · Score: 1

      Hey there Ryan.

      The point I was making about Kerry had to do with his tendency to take special interest money. There have been a few articles about it in a few of the major papers, but I don't think it's gotten wide airplay.

      Some of his other policies have yet to be tested, but he certainly has NO problem taking money from lobbying groups.

      --
      Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
    3. Re:Kerry? by Anonymous Coward · · Score: 0
      [Kerry] certainly has NO problem taking money from lobbying groups.
      And this separates him from say Bush, how? Bush only listens to lobbying groups that represents huge corporations?

      Any politician will be regarded as evil by at least half the people. (If everyone likes you, you're not governing very well.) It's a cliche to say "lesser of two evils" etc. but the fact is that is the only way to vote.

  62. ANYONE but Bush IS a better alternative by bogie · · Score: 0, Flamebait

    " However, let's also be realistic about the bigger picture, and the lack of palatable alternatives. Kerry's no prize."

    Sorry but that just doesn't hold water. Bush is the least qualified President we have ever had and it shows. His plan for reigning in our massive deficit was to cut taxes for the richest of rich and then wage war while spend $87 billion on a foreign country that was never a threat to us in the first place. His ties to Enron alone are enough to want him out. For the love of God I have NO idea how a scandal of the scope of Enron didn't sink the Presidency while a extramarital affair did. Meanwhile Bush squandered the greatest chance for peace in our time by calling all of the world "Evil" after 9/11. After that horrible day in September almost every country in the world that was hostile towards us was willing to help us stomp out terrorism and work with the US. Instead Bush being the cowboy that he is say a big fuck you to the world and the good will that was there vanished overnight. Now the Mid-East, The Far East, and Europe all rightfully think of America as a "play by its own rules" bully. A role that we could have finally gotten away from.

    Let's also not forget that on 9/11 while the bombs were falling Bush sat in a classroom for several minutes doing NOTHING. Then while the rest of us were shitting our pants because we didn't know what was happening Bush hid out in some mountain refusing to come on the air to let us know that "everything is alright and I'm in control". Now that coward who didn't even serve his full term in the military is going to use 9/11 and the fallen as a prop to get him reelected? You HAVE to be fucking kidding me.

    So yes, let's be realistic. Bush IS a failure and he needs to go. His economic policies have done nothing and his desire to unify Church and State while raping our Constitution are an embarassment. Not to mention the fact that he wants to hold Americans without trial or due process indefinitely. This is a man who has NO respect for the citizens who put him in office. Err I mean the office that him and his brother stole. Will Kerry be better? I don't know. I do know that he or anyone else won't be worse.

    --
    If you wanna get rich, you know that payback is a bitch
    1. Re:ANYONE but Bush IS a better alternative by Anonymous Coward · · Score: 0

      yep what he said

    2. Re:ANYONE but Bush IS a better alternative by The+Tyro · · Score: 3, Informative

      Bush is the least qualified President we have ever had

      After checking the Wikipedia...
      Kennedy - Bachelor's degree
      Carter - Bachelor's degree
      Reagan - Bachelor's degree
      Bush I - Bachelor's degree
      Clinton - Bachelors and JD
      Bush II - Bachelors and MBA

      Least qualified? Not by comparison to some other recent presidents.

      His ties to Enron alone are enough to want him out.

      Much of the Enron shenanigans were ongoing before he even took office. Clinton had some ties also. Would that have made you impeach Clinton too, or only Bush?

      Bush squandered the greatest chance for peace in our time by calling all of the world "Evil"

      It was 3 countries, and those countries are either state sponsors of terrorism, genocidal regimes, or rogue nations pursuing WMD. If that's not evil, I'd love to see how you define "good."

      say a big fuck you to the world

      Kerry supported it... No, Bush got tired of UN corruption and inaction, and going around the UN was arguably the right thing to do. Check out the latest dirt on the UN's "Oil for Pala^H^H^H^H Food" program.

      think of America as a "play by its own rules" bully

      If those "rules" include reining in WMD proliferators and demolishing terrorist states, screw the opposition; The Right Thing (TM) isn't always the easy or popular thing. If finding and killing terrorists before they can strike is wrong, I don't want to be right.

      Not to mention the fact that he wants to hold Americans without trial or due process indefinitely

      If they're terrorists, they have almost no rights. To be considered lawful combatants and thus entitled to the protection of the Geneva Convention, you must meet four conditions: have a responsible chain of command (autonomous terrorist "cells" don't qualify), carry weapons openly, have a distinctive uniform or insignia, and follow the laws of war... Al-Queda meets NONE of these (the commentary I cited above is interesting... I recommend reading it).

      It's OK that you hate Bush... really.

      --
      Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
    3. Re:ANYONE but Bush IS a better alternative by Valpis · · Score: 2, Interesting

      Ok, where are the mass destruction weapons that US had so much proof of?

      And the people contained in Guantanamo? If they are guilty of something, why isn't any evidence shown about this? And why aren't any cases presented? What are they contained for? And if they cant even tell them or us why they are there, on what ground are they there?

      --
      who shot the cat in the hat to experiment is insane
    4. Re:ANYONE but Bush IS a better alternative by k_head · · Score: 1

      Georbe Bush points at a human being and says "this man is bad". At that point the human being loses all rights and is "disappeared" into some secret holding facility god knows where and god only knows what gets done to him.

      And you are OK with that right? What would happen if GW decided you were a bad man?

      --
      The best way to support the US war effort is to continue buying American products.
    5. Re:ANYONE but Bush IS a better alternative by Anonymous Coward · · Score: 0

      You are either a troll or a moron. If you were honest, I hope to God you take a gun and blow a hole in your head for the sake of your children. Nobody deserves to be raised by someone like you.

      Please show me where in the Constitution it says that Flordia's electoral votes go to the person who got fewer votes in the state as long as their brother is the Governor and that it's acceptable to strip 90,000 innocent people of their voting rights as long as they're Democrats. For someone complaining about "childish rhetoric" you're quick with the potty mouth when your opponent is backed up with facts. I can see how this thread is going to go, I've seen it many times before:

      bogie (or any Bush opponent): "The US Commission on Civil Rights, a federal agency, reported that-"
      You (or any Bush supporter) : "You're a big poopy-head!"
      bogie: "-and these documents from Kathleen Harris's office-"
      You: "I'm not listening, poopy-head! Neener neener neener!"
      bogie: "-O'Connor's and Scalia's ties to the Bush campaign legally obligated them to recuse themselves from the case, and the decision stated-"
      You: "Whaaaaah! Mommy, make him stop!"
      bogie: "-plus the sworn testimony of Choicepoint executives-"
      You: "Whaaaah! Whaaaah! Mommmmiiiiiiie! Whaaaah!"

      As for Bush's "success", Bush's successes are so few and far between that they have to be pointed out. Most politicians need to have their failues pointed out -- note the anti-Kerry campaign, in which failures are even invented because they can't find many mistakes in his decades-long career -- but with Bush, failure is the natural state of his governance. Bush explicitly supports regulatory failure by appointing deregulationists and industry lobbyists to regulatory commissions and officials known for their corruption to the various Inspector General type offices while firing the experienced nonpartisan bureaucrats who used to hold these positions. The Iraq war showed a total failure to acertain the state of potential foreign threats, the President's most important job, in a refusal to listen to the world's most competent intelligence agencies telling him that Iraq was not a threat, and a subsequent failure to plan for pacifying the country. The soldiers on the ground running out of food and water during the invasion was a nice touch. Failure is the goal of programs like No Child Left Behind, designed to under-fund and weaken public education in order to make private (especially religious) schools more attrictive, and the plan to "save" Social Security by going back to old-fashioned private retirement accounts and eliminating the government's guarantee of Social Security, and the Medicare bill which forces Medicare to pay monopoly prices for drugs, turning Medicare into a massive waste of money whose problems a few years down the line will be blamed on the concept of socialized health care rather than on Bush for intentionally setting up the system to fail in this way. September 11 was another Bush failure, as while there had been Congressional hearings that summer in which the CIA told Congress that al-Qaeda was planning a big attack in the next few months and many Bush administration officials stopped flying commercial aircraft, Bush ordered the intelligence agencies to "back off" from al-Qaeda (in the words of the FBI's head of antiterrorism at the time) because it was upsetting the terrorist-connected people that he used to do business with as Arbusto and was inviting to White House dinners at the time. After Bush followed Clinton's war plan (that he had sat on for nine months) for Afghanistan, he withdrew US forces from forward bases and let the Taliban take back control of the eastern border provinces, then pulled intelligence assets off Osama's tail to work on Iraq instead, at least until the election season. Bush's supporters have to scramble for the rare thing that he has actually done right, and he screws up so often that they're numbed to his continuous string of failures and really don't care about the direction this country is heading in.

    6. Re:ANYONE but Bush IS a better alternative by juaja · · Score: 1

      "...demolishing terrorist states..."

      Read that as "...demolishing terrorist states that don't look after the US interests or explicitly bashes them...", and I'm not only meaning justice, freedom, etc.
      --
      I HAVEN'T OWNED A TELEVISION SINCE 1967 AND ONLY WATCH MOVIES ABOUT LEFT-HANDED ALEUT LESBIAN PIPEWELDERS! FUCK HOLLYWOO
    7. Re:ANYONE but Bush IS a better alternative by Anonymous Coward · · Score: 0
      If they're terrorists, they have almost no rights.
      You don't know if they're terrorists or not until AFTER their trial, dumbass!!!
    8. Re:ANYONE but Bush IS a better alternative by jamezilla · · Score: 1

      Least qualified? Not by comparison to some other recent presidents.

      Education != qualifications
      I'm stunned that you would even posit such broken metric for "qualification". There's no amount of formal education that can teach you how to be the president. Being a good politician is a "soft skill" that can't really be taught. Bush has a rapport with the people... but that's about all I can say for his qualifications.

      Out of the above list, I think looking at vacation days taken during presidency is a much more interesting comparison of qualifications.

      >Bush squandered the greatest chance for peace in our time by calling all of the world "Evil"

      It was 3 countries, and those countries are either state sponsors of terrorism, genocidal regimes, or rogue nations pursuing WMD. If that's not evil, I'd love to see how you define "good."

      I think both commentaries above are specious. There's been some good that's come out of Bush's finger-pointing. Many of those rogue nations have given up their WMD programs. However, it's not clear whether Bush's rhetoric has harmed the US in more intangible ways: there are a lot more people who hate the US now. I'm way more worried about terrorists than WMDs.

      If those "rules" include reining in WMD proliferators and demolishing terrorist states, screw the opposition; The Right Thing (TM) isn't always the easy or popular thing. If finding and killing terrorists before they can strike is wrong, I don't want to be right.

      I would agree with you if I thought that anything Bush has done has netted us positive results. There are some small victories, but the overall picture looks much, much, grimmer than prior to 9/11. Going after terrorists isn't a bad idea, it's just that Bush's methods are questionable. Bush has fumbled on execution time and time again.

      Taking down rogue nations is only good if it somehow improves our situation. News flash here: "terrorists don't respect borders". If you take down Iraq, they just move to the next country that's willing to give them safe harbor.

      You have to treat the disease, not the symptoms. Terrorism is a symptom, not a disease. Killing terrorists doesn't work. There will always be more terrorists to recruit to fill their places. You have to remove the reason why these people feel so much hatred towards us - yes, there is a reason! There has to be.

      >Not to mention the fact that he wants to hold Americans without trial or due process indefinitely

      If they're terrorists, they have almost no rights. To be considered lawful combatants and thus entitled to the protection of the Geneva Convention, you must meet four conditions: have a responsible chain of command (autonomous terrorist "cells" don't qualify), carry weapons openly, have a distinctive uniform or insignia, and follow the laws of war... Al-Queda meets NONE of these (the commentary I cited above is interesting... I recommend reading it).

      This is one of the most egregious developments in the erosion of our civil liberties. I don't care if those people being held are terrorists or not. They deserve a speedy trial. Holding someone for two years without even charging them is a horrible crime - it goes against everything this country was founded on. In addition, it's well known that most of the detainess in Guantanmo Bay aren't terrorists. How would you feel if you were put in prison for two years for no good reason? and you didn't even have a charge against you? and there was no trial date set for you? and most people acknowledged that you shouldn't be there?

      On a en even more disturbing level, this gives the Bush administr

    9. Re:ANYONE but Bush IS a better alternative by einhverfr · · Score: 1

      In reply to your post, I think that the grandparent post to this reply was a bit over the top. However, I think that there are a number of very real problems that Bush has lead the US into.

      One of the things that I point people to is the fact that our relations with most of the rest of the world (including, BTW, both Canada and Mexico) are quite a bit worse than when Bush took office. THis is tangable, read damage to the US and our global position. And the conservatives I have heard speak from think tanks such as the Heritage Foundation seem to think that arms and troops are the most important tools for foreign policy (put troops in South Korea, to keep a standoff from occuring between China and Japan, for example). We are worse off than we were before Bush.

      BTW, here is what I have to say about Clinton. Clinton was politically motivated by the desire, I think, to be remembered historically. He did, IMO, incredible damage to the Middle East peace process by trying to push way too hard for a solution (if anyone really thinks that the Camp David talks would have lead to any sort of Palestinian independence, they should actually go and look at the maps as I have done). Much of the current mess in Israel and Palestine is the fault of Clinton, Barak, and Sharon. Arafat is, of course, a failed statesman, but he is, I think, less responsible than those three. Clinton was not exactly helpful either. But-- Clinton did have diplomatic skills which Bush seems to lack.

      I think that diplomatic skills are a *job requirement* for the US president, so I do agree that Bush is woefully underqualified for the position.

      --

      LedgerSMB: Open source Accounting/ERP
    10. Re:ANYONE but Bush IS a better alternative by Anonymous Coward · · Score: 0

      Clinton was graduated from Georgetown University and in 1968 won a Rhodes Scholarship to Oxford University. He received a law degree from Yale University in 1973, and entered politics in Arkansas.

      Jimmy Carter was educated in the Plains public schools, attended Georgia Southwestern College and the Georgia Institute of Technology, and received a Bachelor of Science degree from the United States Naval Academy in 1946. He later did graduate work in nuclear physics at Union College.

      During his naval career he lived in many parts of the United States and served around the world, including the Far East. He rose to the rank of lieutenant (senior grade), working under Admiral Hyman Rickover in the development of the nuclear submarine program.

      John Kerry
      Education:
      JD, Boston College Law School, 1976
      BA, Political Science, Yale University, 1966.

      Professional Experience:
      First Assistant District Attorney, Middlesex County, MA, 1977-1982
      Attorney, Admitted Massachusetts Bar, 1976
      Lieutenant, United States Navy, 1966-1970
      Received Silver Star, Bronze Star, 3 Purple Hearts, 2 Presidential Unit Citations and a National Defense Medal.

    11. Re:ANYONE but Bush IS a better alternative by fiddlesticks · · Score: 0

      > After checking the Wikipedia...

      woot, let's get straigh to the source, huh?

      > those countries are either state sponsors of terrorism, genocidal regimes, or rogue nations pursuing WMD. If that's not evil, I'd love to see how you define "good."

      I'd love to see you define 'state sponsors of terrorism', 'genocidal regimes' and (especially nice) 'rogue nations pursuing WMD'

      As far as I'm concerned, many of the countries of the world fall into these categories. You probably disagree, but I'm sure (I hope) that you agree that even by those (babyish) definitions, many more countries could also fit into that definition - so why those 3?

      > going around the UN was arguably the right thing to do.

      Right. Just like going round the League of Nations was right? Jesus you don't know your history

      > If those "rules" include reining in WMD proliferators and demolishing terrorist states, screw the opposition; The Right Thing (TM) isn't always the easy or popular thing. If finding and killing terrorists before they can strike is wrong, I don't want to be right.

      Good thing - because you're not.

      > If they're terrorists, they have almost no rights.

      Look, you don't understand. Anyone (not many) left in Britain that didn't hate America now hates it, as you have just released from captivity at Camp X-Ray some poor British guy (web designer) who you held hostage for 2 years, tortured, starved, and beat, ritually - and then let him go, with no charges, no apology, no nothing

      I can *just* about accept (if not agree with) your attitude if the guy was guilty, but if he was, why let him go? If he wasn't, then, um, isn't that (2 years torture and false imprisonment) a real 'war crime'

      > It's OK that you hate Bush... really.

      Yeah, it is. really.

      Hating America, and Americans, is increasingly easy these days. Because of fuckers like you. We know we shouldn't, but jesus, you're loud obnoxious pricks.

      The US bleats about its place as the global policeman, and is happy to remove right after right of its own citizens. That's up to you - but don't fuck with the rest of the world.

      Introduce sane security checks on your aircraft (still pathetic, btw), stop monitoring every-useless-bit-of-net/cell-traffic you think *may* be important, and focus on *why* other countries want to blow you to smithereens.

      Oh, btw, there was a bomb in Spain this week. Spain aren't planning on locking up random Americans because they 'might' have had something to do with it

    12. Re:ANYONE but Bush IS a better alternative by Goonie · · Score: 1
      If they're terrorists, they have almost no rights.

      Aside from repeated assertions by various administration officials, how do we know the people detained in Guantanamo Bay are indeed terrorists?

      Imagine if US citizens were being held indefinitely without trial by a foriegn government, who kept on blithely asserting "these people are dangerous terrorists" without actually providing any evidence that this is the case. You'd be demanding the US Government sent in the Marines within the hour. So why is it alright for the US to do it to the citizens of other countries?

      --

      Any sufficiently advanced technology is indistinguishable from a rigged demo
      --Andy Finkel (J. Klass?)
    13. Re:ANYONE but Bush IS a better alternative by Ragica · · Score: 0
      Bush II - Bachelors and MBA

      Bought and paid for by daddy.

      Much of the Enron shenanigans were ongoing before he even took office.

      Yes, there certainly is no end fo the "shenanigans" bush was up to before he took^H^H^H^H was given office.

      No, Bush got tired of UN corruption and inaction, and going around the UN

      No, bush cronies wanted to implement their own oil-and-money-and-power-for-us-and-haliburton program.

      If those "rules" include reining in WMD proliferators

      If you say "WMD proliferators" five times and click your heels together... um... probably still no WMD will appear. Oh well.

      If they're terrorists,

      Thank you for the links, but it is clear to everyone else that Bush crew reserves the right to define terrorist for himself, any way that is convenient at any given time.

      It's OK that you hate Bush... really.

      Thanks. If someone deserves it, this is the man. But probably it would be more productive to hate his government's self-serving, civil-rights-erroding, good-will-squandering and environment-destroying policies first.

    14. Re:ANYONE but Bush IS a better alternative by Anonymous Coward · · Score: 0
      It was 3 countries, and those countries are either state sponsors of terrorism, genocidal regimes, or rogue nations pursuing WMD. If that's not evil, I'd love to see how you define "good."

      FIrstly, is satisfying one of your criteria (as opposed to all three) sufficient to be called evil? If so, I can name other evil countries which the US has good relations with. Wanna guess?

      Indeed, I can think of a country which satisfy all three and gets lots of US funding. Has WMD, check. Practices genocide on an ethnic group, check. State sponsor of terror, check.

      Secondly, what is terrorism? Is it sufficient to encite terror in a population? Is apartheid terrorism? If not, is it better or worse than terrorism? Is using force to enforce apartheid better or worse than terrorism?

      Thirdly, what separates rouge countries from non-rouge countries. Is it the WMD which is bad, or is it simply countries we don't like wanting to defend themselves against the US military.

      There's a reason why WMD was the only reason officially raised before the Iraqi war. It was because there either wasn't enough evidence (state-sponsored terrorism) or that the even if the allegation had been made, people would have asked Why don't you invade this other country instead? (state-sponsored terrorism, genocide)

      If those "rules" include reining in WMD proliferators and demolishing terrorist states

      And that's the point, if Bush was really about reining in WMD and demolishing terrorist states, I'd support him too. If I truly thought that he was going to bring democracy to Iraq, great. But where's self-declared terrorist Bin-Laden?

      I want Bush to be consistent. If you're really for human-rights, if you really care about democracy, state that and follow through on it. Don't pick out human-rights violations only when it suits your agenda and ignore it all other times as inconvenient.

    15. Re:ANYONE but Bush IS a better alternative by Perky_Goth · · Score: 1

      thanks, that put my opinion back in my belief ;)

    16. Re:ANYONE but Bush IS a better alternative by Perky_Goth · · Score: 1

      Amen.

      BTW, a "rouge" contry is a red country.

    17. Re:ANYONE but Bush IS a better alternative by wmspringer · · Score: 1

      Bush II - Bachelors and MBA Least qualified? Not by comparison to some other recent presidents.

      Because we all know that an MBA makes you a good president...

      Sheesh. I'm expecting to finish my Master's degree this year, and hopefully a PhD a few years from now. Does that mean I'm qualified to be president? Not in the least. Now, if the businesses that Bush has run had been successful, THAT might have been a point in his favor.

      His ties to Enron alone are enough to want him out. Much of the Enron shenanigans were ongoing before he even took office. Clinton had some ties also. Would that have made you impeach Clinton too, or only Bush?

      Depends. Did Enron secretly write Clinton's energy policy too? If so, absolutely.

      If those "rules" include reining in WMD proliferators

      We haven't invaded North Korea yet..

    18. Re:ANYONE but Bush IS a better alternative by alexpage · · Score: 1

      Goddamn those Commie makeup artists!!!

  63. No, I think he meant suits *targeting* MS by Jayfar · · Score: 1

    ...a prediction by Mr. Anderer that Microsoft has many more disruptive lawsuits planned up their sleeves.

    Let's not get it twisted now. From the context I'm pretty sure he was referring to patent suits against MS, although obvious it won't be unexpected to see MS filing large numbers of suits as well.

  64. Patent assault = Force IBM distribution by bstadil · · Score: 5, Interesting
    A frontal Patent assault by MS can not be won.

    If they do this they will force IBM to supply their own IBM-Linux (Or buy Novell) that will be covered by the Gadzillion Cross-licensing deals they have plus anyone that attacks will be counter sued for Patent infringement by IBM.

    The "Best" MS can do it nible around Linux as is the case with the Paul Allen funded SCO harrassment case.

    IBM-Linux is a nightmare scenario for MS. The only reason IBM has not done this is that they development process of Linux is performing well and IBM do not want to face some of the Patent issues that may be lurking inside Linux. By Lurking I am not implying that Linux has stolen anything but maybe a lot of potential SCOs is watching.

    IBM knows this and that's why they will make an example out of SCO. SCO will not only be leveled but the fields around it will be salted. Corporate Veil to Canopy will be ruled broken and they will be forced to admit guilt and settle or face extinction.

    IBM has actively collected Patents for the better part of its life for a reason. This is it.

    --
    Help fight continental drift.
    1. Re:Patent assault = Force IBM distribution by Error27 · · Score: 1

      >> Paul Allen funded SCO harrassment case

      Paul Allen is a decent guy. Also he doesn't own Vulcan so he's not funding SCO that I know of.

  65. SFU, but crank it up to 11 by Lurker · · Score: 1

    From the article:

    They developed some pretty incredible functionality into things like SFU 3.5

    I know many of us want SCO to SFU, but instead of applying it at 3.5, we'd like to scream it directly at Daryl at about 11.

  66. Wow .... by Anonymous Coward · · Score: 0

    Nothing like a rousing speech about the state of the software industry from a corporate whore.

    "In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies (although this is not completely settled yet), how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash?"

    That pretty much sums up this man's opinion, and the value of it, he, not surprisingly, sees the world in terms of lawsuits and cash. Business and the legal profession have never been the cleanest of professions but they all have their true bottom feeders. Anderer is merely a carrion feeder, a high paid one no doubt, but a carrion feeder regardless.

    Only one coffee in me, perhaps I am being a tad harsh. Nope, upon examination you could substitute any business into the above quote. Hell imagine if prostitution was legal everywhere, you could bet Anderer would be there.

    "In a world where there are $500 million dollar whore turf infringement lawsuits imposed on whore houses (although this is not completely settled yet), how would somebody like Ronnie the Red Hat Pimp compete when 6 months ago he only had $80-$90 million in cash?"

  67. I think they're suing the wrong people by Anonymous Coward · · Score: 0

    Shouldn't they be increasing their efforts to find pirated Microsoft software? They actually have legal teeth for that.

    I can't wait to hear what Linus has to say now that Microsoft has been exposed since they were too chickenshit to admit they were behind this in the beginning.

  68. MS licenses GPL code? by CODiNE · · Score: 2, Interesting
    If you see the world moving forward as a (GNU/Linux/BSD/Unix)/Windows world it does not take an MIT rocket scientist to think it would make sense for the largest software company in the world to increase their rights by taking another license (remember they did develop and own a portion of the code originally sold as MS Xenix). In fact I saw several postings on Slashdot hammering them for including what people saw as BSD property (with proper copyright attribution) in some of their products. It was also no secret that Microsoft licensed and even purchased companies in this arena over the last several years (look where Windows Services for Unix came from). They developed some pretty incredible functionality into things like SFU 3.5 (which I just got for free with a systems magazine). If you consider this licensing an indirect financing of SCO, then everybody (or at least the thousands of licensees) is responsible at some level. The licenses in some cases exceeded $100 million, so these were not even close to the largest ones. The hard part for me was finding somebody who was not already a big licensee. Just as I see Microsoft developing stronger interoperability from their side, I see a huge community developing stronger connectivity from the GNU/Linux/BSD/Unix side. We will work from both sides and hopefully contribute to making things more functional for customers whatever they choose. The only really interesting point here is that people finally benefit from more stuff working together. It still takes work, but things are getting better in many areas.
    Maybe I'm totally misreading this... but it sounds like MS may have "Licensed" Linux from SCO. Now imagine if SCO claims ownership of Linux... and declares that their own distribution of it under the GPL was not valid for whatever reason... (Which they have). SCO claims they have the right to sell Linux licenses... (yup)... Microsoft buys a bunch of them (Yup).... and immediately begins to incorporate GPL'ed code into their product(s).
    it does not take an MIT rocket scientist to think it would make sense for the largest software company in the world to increase their rights by taking another license
    Riiight... and then he goes on to mention a past example of SFU... and Microsoft continuing to develop more "interoperability" by licensing..
    I see a huge community developing stronger connectivity from the GNU/Linux/BSD/Unix side.
    In the same way that SFU increased interoperability before. I think MS is using GPL'ed code which when sued will be claimed was licensed in good faith from SCO. Perhaps this was the real plan from the start? Giving MS free use of any GPL'ed code? But maybe I'm reading this wrong. :)
    --
    Cwm, fjord-bank glyphs vext quiz
  69. Public Domain Linux - Microsoft's Goal by ka9dgx · · Score: 3, Interesting
    I apparently see things a little differently that most of the /. crowd. It's obvious to me, even though I'm not a Lawyer, that he gave it away in the middle of the interview...

    "I could easily see IBM, HP, Sun, and many of the other large hardware players solving this problem tomorrow by settling the dispute with SCO and maybe even taking the entire code base and donating it into the public domain."

    The real goal here is to strip the GPL away from Linux. Once its free of the severe restrictions of the GPL, they can take it, and start work on MS-Linux.

    Remember the tactical situation in which Microsoft finds itself right now. Most of their money is being made selling copies of Microsoft Office, and copies of Windows to run it on. The two are viewed almost as a monolith by the public, because the cost of Windows is usually hidden in a new computer.

    They find themselves with stuck with the results of 20 years of marketing driven development as their code base. Any new system has to be backward compatible to the point where most MS-DOS 2.1 programs still work. This severely limits design flexiblity.

    With a switch to Linux, they could drop all of their bugs, grab a nice clean codebase from the public domain, and start fresh. They could blame any bugs on the Linux people, and claim their professional team of developers is working to enhance the stability and security of the software to meet the needs of corporate America. (oh, the Irony of it)

    What member of the public wouldn't jump at the chance to buy MS-Linux? They would see it as the latest technology, with the Microsoft seal of approval. (We don't want those undesireable "hacker" types writing our software, do we?)

    Once they have MS-Linux firmly in place, they can then extend their true monopoly (Microsoft Office) into the Linux space.

    I assume this is obvious to some of you, but I wrote this just in case someone hasn't woken up yet to the reality.

    To sum up, as long as the GPL holds, we can have a free (as in speach and beer) set of working software to build and share. Once the GPL gets breeched, we're fscked! (Just spend the $1000/machine, and pay for MS-Linux with Office)

    --Mike--

  70. Then vote for bill gates and osama bin laden by Anonymous Coward · · Score: 0

    grow up - enough said

  71. Building channels by MochaMan · · Score: 0

    I helped build the channels for most of the products that corporate America is currently using and some they will be using soon.

    I thought that was Al Gore...

  72. Microsoft planning lawsuits? by Anonymous Coward · · Score: 0

    No, the author of this article doesn't talk about that, but then again facts isn't relevant to the anti-Microsoft folks.

  73. SFU by Earlybird · · Score: 4, Insightful
    From the article:
    • They [Microsoft] developed some pretty incredible functionality into things like SFU 3.5 (which I just got for free with a systems magazine). [emphasis mine]

    Er. I think not.

    SFU is a bunch of half-arsed stuff cobbled together from existing licensed products, some of which could be replaced by better Free Software (such as Cygwin).

    It's designed to cater to legacy Unix environments -- sites still stuck with NIS, NFS, telnet etc. -- not modern Linux/*BSD environments.

    A proper, non-legacy "services for Unix" package would include Cygwin, OpenSSH, encrypted Samba access, CUPS support etc., and it would have the unfortunate but amusing effect of driving the customer away from Windows, not the opposite.

  74. Real Life vs. SimCountry by Brian_Ellenberger · · Score: 1
    "really Clinton trashed the economy? and I thought I heard something about the budget being balenced...I even heard some talk of a surplus... I do admit that the DMCA signing was bad but Bush IMO has done very little good for his 4 years so I say OUT."

    Hate to break it to you, but this is real life not SimCountry. Presidents don't have these big screens where they control every aspect of the economy. This is especially true for the US since we have relatively few federal state-controlled industries. Politicians can manipulate a few things here or there, but there isn't really that much they can do but try something (lower taxes, lower interest rates) and hope the economy improves.

    Clinton was fortunate enough to be president during a tech revolution. But honestly, we all knew that most of the late 90's boom was a mirage. We knew that all those internet companies at $150 stock prices were bogus and AOL buying Time Warner was rediculous. Reality had to set in sometime, and that time is the early 2000's. If anything, we are lucky we are not in a 30's style depression due to overspeculation. To say that Bush did something to cause all this is silly. If he did I'd like someone to explain specifically what Clinton did right and Bush did wrong.

    As for deficit spending, it isn't all that bad. In many ways we are taking advantage of countries like China artifically propping up the value of the dollar. Eventually the dollar will fall, American goods will be cheaper, and outsourced foreign labor will be more expensive. Right now, for example, Harley-Davidson is enjoying awesome sales especially in Europe because of the lower value of the dollar.

    Brian Ellenberger
    1. Re:Real Life vs. SimCountry by yulek · · Score: 1
      Right now, for example, Harley-Davidson is enjoying awesome sales especially in Europe because of the lower value of the dollar

      THANK THE LORD! Maybe we should start an HDIX to measure the country's economy...

      --
      in this age of communication i'm just not getting through
  75. Special Interest Lies by Anonymous Coward · · Score: 0

    Ahhh, another moron fed by crappy newspapers. Sure Kerry has taken special interest money, but if you think its "a lot", you are brainwashed. Just in case you were interested in facts, the amount of money pointed at by these articles is the TOTAL AMOUNT over his ENTIRE CAREER. Now if you look at, say Bush, he has taken MANY TIMES this amount in this ONE primary where he didnt even have a competitor. Thats right, Kerry has taken X dollars over 20+ years, Bush has taken 10X in the past year. If you are bothered by politicians taking special interest money, Kerry is the choice for you.

  76. We don't want to miss the important point here. by friendklay · · Score: 1

    I think this is one of the nicest corporate type I have ever heard speaking out. He is warning us. He is saying that MS is not the only guy who would be voried about GPL, GPL derivitives and non-software specificic "open products". In fact does he MS is not the only one? I think he does.

  77. Missleading headline by 7-Vodka · · Score: 3, Informative
    I believe the guy who posted the headline didn't understand what was meant by the Microsoft impending lawsuits. Here's the entire paragraph from the letter:

    "In a world where there are $500 million dollar patent infringement lawsuits imposed on OS companies (although this is not completely settled yet), how would somebody like Red Hat compete when 6 months ago they only had $80-$90 million in cash? At that point they could not even afford to settle a fraction of a single judgment without devastating their shareholders. I suspect Microsoft may have 50 or more of these lawsuits in the queue. All of them are not asking for hundreds of millions, but most would be large enough to ruin anything but the largest companies. Red Hat did recently raise several hundred million which certainly gives them more staying power. Ultimately, I do not think any company except a few of the largest companies can offer any reasonable insulation to their customers from these types of judgments. You would need a market cap of more than a couple billion to just survive in the OS space."

    Then the headline says:

    "Among the highlights is a prediction by Mr. Anderer that Microsoft has many more disruptive lawsuits planned up their sleeves."

    My interpretation of this paragraph is that Microsoft always has tons of people suing them, and that redhat or whomever else wishes to make a living as an OS vendor needs to have lots of cash to pay out on some of them. Of course I disagree with that, but he does not come out and say that Microsoft has 50 more SCO-type suits in the works.

    --

    Liberty.

  78. Maybe my reading comprehension is low... by tkrotchko · · Score: 1

    ...but isn't this guy talking in complete gobbledegook?

    Its like we just talked with a turing machine, and I'm trying to figure out if its real or not.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  79. Wikipedia by LuSiDe · · Score: 3, Informative

    Quoting Wikipedia Monopoly:

    In economics, a monopoly (from the Greek monos, one + polein, to sell) is defined as a market situation where there is only one provider of a product or service. Monopoly should be distinguished from monopsony, in which there is only one buyer of the product or service. It should also, strictly, be distinguished from the (closely related) phenomenon of a cartel (which is a type of oligopoly), in which a centralized institution is set up to (partially) coordinate the actions of several independent providers ? as opposed to monopoly, in which there is one sole provider ? although, in some cases, that sole provider may have been created by consolidating several formerly independent firms
    [...]
    The term is sometimes (loosely) used to describe companies such as Microsoft or Standard Oil, which do face market competition, but which command a large market share and use their size to compete in ways which are considered unfair -- such as dumping products below cost to harm competitors, creating tying arrangements between their products, and other practices regulated under Antitrust law.
    [...]


    That's a NPOV for you!

    --
    WE DON'T NEED NO BLOG CONTROL.
  80. (Sigh) by carldot67 · · Score: 0

    Having read Mr Anderer's comments I realise that the world is indeed what we each as individuals make of it.

    --
    I wish at was Friday, but I dont want to wish my life away. So I wish it was last Friday.
  81. Hummm... by Anonymous Coward · · Score: 0

    I wonder if these companies will go about suing or charging the government and others working violating their homeland security and anti-terrorism patents.

    Then again, like others they will probably pick small targets and avoid the government.

  82. The future in 5 EZ steps: by max+born · · Score: 2, Interesting

    1. Microsft will license the Gnu/Linux code from SCO, incorporate that code into Windows then sell it as Microsoft binaries under a non GPL Microsoft license.

    2. SCO will lose their license claims in court, thus invalidating the Microsoft licenses.

    3. Gnu/Linux lawyers will then sue Microsft and win.

    4. Whistle blowers will begin to give evidence that Microsoft engaged in anti competetive practices in attemting to aquire rights to Gnu/Linux.

    5. Everyone who was inconvenienced by the SCO lawsuit will then sue Microsoft under the Clayton and Sherman Anti Trust Acts and this Microsoft will be broken up into separate companies. Remember, Microsft was sued by 20 states and they lost! If they're found guilty again of the same offense, a judge will likely have no other option. This will happen around 2008.

    1. Re:The future in 5 EZ steps: by Anonymous Coward · · Score: 0

      > 1. Microsft will license the Gnu/Linux code from SCO, incorporate that code into Windows then sell it as Microsoft binaries under a non GPL Microsoft license.

      This makes such a HUGE leap of faith that SCO Group will win, else they don't have the legal rights to license any Linux code to Microsoft. Given this, the following steps of your 'future' seem equally unlikely.

      Good daydream, though.

  83. Why wait for BSD Linux when there's BSD? by mactari · · Score: 2, Interesting

    Seriously, what's Linux got that MS wants so bad that they can't steal from BSD legally, like Apple did? Rotor's already on FreeBSD, and I'm not sure what MS would want to steal from Linux other than that basic foundation for their CLI, other than brand marketability (which, I suppose, could be enough).

    MS doesn't like competition, and that's why they'd help out SCO and have this fellow essentially threaten Red Hat out of business. They don't have to want to have Linux to want to see it gone.

    --

    It's all 0s and 1s. Or it's not.
  84. Re:Public Domain Linux - Microsoft's Goal by Anonymous Coward · · Score: 0

    > "I could easily see IBM, HP, Sun, and many of the other large hardware players solving this problem tomorrow by settling the dispute with SCO and maybe even taking the entire code base and donating it into the public domain."

    You're quite sure this didn't mean taking the entire Unix codebase and donating it to the public domain?..Especially since the Unix codebase is the only one those companies would own - "Linux" isn't owned by any one person or group, so it can't be bought out in the manner you suggest.

  85. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  86. Re:Public Domain Linux - Microsoft's Goal by Sri+Ramkrishna · · Score: 2, Insightful

    I'm not sure I completely agree here. Yes, there is a threat of another Unix clone that could mimic the functionality of Linux and it's APIs based on the original AT&T Unix.

    But we need to put things into perspective:

    1) Linux has an active community around it. That is hard to beat. You still cannot compete against a worldwide bunch of people continually hacking on the kernel wrt Microsoft hacking on it's own kernel.
    2) The code is still free, it's still a free product. I believe MS-Linux will cost you bucks and they are still controlled by market forces. Secondly, their attention will be split between their Windows product line and their Linux product lines. SUpporting two OS's and two different versions of Offices? I don't know sounds EXPENSIVE. THink shareholders would go for that?
    3) Eventually, you'll fragment the whole Unix market by adding this third challenger. The fight will be who will be the standard. That might be Linux vs MS-Linux. A fight I think Linux will win because of the first point.

    Overall, I just don't see how Microsoft can make money from this. You'll be throwing millions of dollars for very little gain. If the gambit fails, Microsoft will only help strengthen Linux's lead.
    sri

  87. This guy has a serious complex by Anonymous Coward · · Score: 0

    Wow! This Mike dude! What a stuck up! He seems to have a little bit of a complex with all the bull he wrote at the beginning. And in overall, he did not say much of anything.

    Who can employ this animal other than another dumb brain-dead animal?

    It seems to me from all what he wrote that it is this kind of animal why there are lawsuits and so many other problems in the IT Industry.

    This type of people do not provide anything substantial that is positive in any way. Just more problems. This type of people should be eliminated.

    From all the bull that he stated, I did not hear about anything that he code or engineered. It is just another Steve Ballmer. Irrelevant people in the long-run of things.

  88. Read between the lines! by aug24 · · Score: 2, Interesting
    You're absolutely right that that's what he's referring to on the face of it, but it represents a veiled threat. He's arguing that lawsuits are inevitable for anyone trying to get into the OS market - in other words, we will sue you, if we want you to stop.

    What he and everyone else on that side haven't realised, is that they could kill Red Hat et al, and Linux would continue:

    • We get as much indemnity from a download as MS gives in it's EULA.
    • We get more support from the community than we get from Microsoft.
    • We get more life from our hardware, because our OS/apps aren't as bloated.
    • We get more innovation, no matter what the established people say. I don't know what innovation Microsoft has ever done - everything I can think of, they actually nicked from other people.
    Justin.
    --
    You're only jealous cos the little penguins are talking to me.
  89. How do you know? by Anonymous Coward · · Score: 1, Insightful

    "If they're terrorists"

    How did you make that determination?

    But more importantly, a US citizen on US soil has all his contitutional rights, whether you want to call him a pedophile, a terrorist, or just a meanie.

    For the supression of habeus corpus, Bush deserves to go. For his continual cow-towing to the IP lobby, for his erosion of human rights, for his bungling of the entire middle east, he deserves to go.

    I've never voted for a democrat in my life (yes, I'm OLD), this will be the first time. Bush is really awful.

    1. Re:How do you know? by Whyte · · Score: 1

      > For the supression of habeus corpus, Bush deserves to go.

      Abraham Lincoln suppressed habeus corpus for hundreds of people in the process of diabling freedom press in a few states during the civil war and suppression of any kind of due process (he also ignored the Supreme Court when they ordered him to show grounds or release them). But most argue today that he did so to protect the Union, and thus for the greater good of the nation these actions were taken.

      If you are going to hold that Bush is "evil" for suppressing the rights of some terrorists, logically you would have to conclude that Abraham Lincoln was probably the most evil president we have seen in the United States.

      Find a little perspective on the world before you start ripping Bush. Crack open a history book.

      --
      -- No matter how great your triumphs or how tragic your defeats, approximately one billion Chinese couldn't care less.
  90. Feeling a bit put upon by crucini · · Score: 3, Insightful

    My impression of Mike's document is that he's gotten some angry reactions from people on the net, and is feeling a little hurt and surprised. He probably sees himself as an ambassador, one who moves freely through the Linux, Unix and Microsoft worlds, as well as navigating the murkier waters of "channels" and secretive financing. So to some extent, I guess he sees himself as a member of the "geek tribe".

    I think his conscience may be troubling him a little now that he's forced to look back on the Microsoft deal. At the time, it was probably so exciting that he rode past such considerations, as many people have done. After all, it wasn't illegal or clearly wrong - the wrongness is more visible now that SCO has become such a high profile enemy of Linux. But now that the angry mob is after him, Mike can't afford reflection. He has to dig in his heels and affirm his SCO ideology.

    Mike mentions being harrassed by an individual with five online handles, all registered as underage for extra legal protection. To what forum is he referring? Does slashdot have this underage checkbox? Did he sue the harrasser and get a subpoena, or was he forestalled by the underage status?

    Mike gives an overview of his accomplishments - the numerous companies founded and patents granted. I think the message here is that he is not simply a shady dealmaker, but a technologist who has helped to move the industry forward. So clearly, his "geek cred" is important to him. Unlike Darl, Mike isn't playing to the Wall Street Journal readers. He'd like slashdotters to, if not forgive, at least understand.

  91. well put, people hate him, SCO and Microsoft. by twitter · · Score: 1
    That's about the size of the loser. It's funny that he did not metion the embarising little bit about how his letter was leaked because someone thought he was a sleezebag and wanted to blow the whisle on him.

    I particularly like how he tried to turn evidence of society's hatred of Microsoft into a proof that only Microsoft can exist as a provider of operating systems. Yep, there have been $500,000,000 and one billion dollar judgments against Microsoft for IP violatins. The size of the judgment reflects the outrage people felt against the company. Only a brainless marketing drone like him could think that outrage makes Microsoft and other IP dirtbags useful. The outrage is there because Microsoft helped invent the stupid legal framework we all suffer under, but have no problem screwing others out of their work. This SCO noise that Microsoft is making is going to create plenty of the above outrage which is going to rebound as multiple billion dollar anti-trust violations against SCO, Microsoft and this dirt bag.

    --

    Friends don't help friends install M$ junk.

  92. how about he pattents... by Sfing_ter · · Score: 1

    how about he pattents STFU 1.0

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  93. Let's look at what he said, thank you. by twitter · · Score: 1
    The dirtbag said:

    I think the dispute with SCO would have been settled a long time ago if everybody knew this was the last one. The problem is there will probably be hundreds or even thousands of these disputes in the future and the targets will be the companies with the deepest pockets. Even if the large vendors disclaim all responsibility initially, I do not think the customers will accept this from their vendors for very long.

    Microsoft does have 50 suits against them. That's part of the reason they engineered this SCO bullshit. Our dirtbag is promissing us that there will be more of the same.

    I doubt it because Micorsoft is dying. Microsoft has suffered billion dollar judgments because their actions have been so outrageous. They are going to lose every one of their suits and this will cost them plenty. They are going to be exposed as the author of the SCO litigation and slaped with anti-competitive fines and people are going to be jailed. Most importantly to Microsoft's bottom line, their products are being replaced in the marketplace by superior free alternatives. Without M$ money, there would be no SCO problem.

    --

    Friends don't help friends install M$ junk.

    1. Re:Let's look at what he said, thank you. by Anonymous Coward · · Score: 0

      Hahaha!!! Holy shit!

  94. Ha Ha you make a funny by bogie · · Score: 2, Informative

    "Least qualified? Not by comparison to some other recent president"

    Yea because a college degree proves everything. Bush's inability speak English on an 8th grade level proves more than anything you said. Do we need to talk about how many schools Bush was rejected from? And yes people who flee from the military are not qualified to send others to die.

    "Much of the Enron shenanigans were ongoing before he even took office. Clinton had some ties also. Would that have made you impeach Clinton too, or only Bush?"

    Umm let's see. Who was Bush's #1 supporter and closest ally during his run from the govenor's office to the Presidency? Who held special meetings with the Vice President to decide our nation's energy policy while other companies were locked out? Who let Enron dictate Energy Commision nominess? Who refuses to discuss those meetings? You cannot in any way compare the access that Enron had to Bush to any other President.

    "Check out the latest dirt on the UN's "Oil for Pala^H^H^H^H Food" program."

    No actually I'd rather check out Bush and Cheney's ties to the Oil industry. I'd rather talk about Halliburton. Go ahead ignore that and bring up some other subject. It's your able to do.

    "If those "rules" include reining in WMD proliferators and demolishing terrorist states, screw the opposition; "

    Your so fully of shit its not even funny. Where exactly are those WMD's in Iraq?

    "If finding and killing terrorists before they can strike is wrong"

    Rah Rah. Kill the terrorists! Yep just keep scaring the Americans and saying terrorism so that the people are afraid to elect someone other than a Right-Wing hardliner war hawk. Great arguement. "If finding the bad guys is wrong I don't want to be right!" Bravo. That will play well with uneducated people everwhere. The End justifies the means always. Right?

    "If they're terrorists, they have almost no rights."

    If they are American citizens they have rights. I specifically said American citizens, who Bush FULLY supports holding without rights. Way to set up a straw man arguement though and say I'm arguing for rights for foreign terrorists.

    "It's OK that you hate Bush... really."

    I know it is. Thanks for avoiding debating the real facts though. It makes it so much easier.

    --
    If you wanna get rich, you know that payback is a bitch
    1. Re:Ha Ha you make a funny by Anonymous Coward · · Score: 0
      You wrote:
      from the govenor's office

      Energy Commision nominess?

      It's your able to do.

      Your so fully of shit

      its not even funny

      Great arguement.

      straw man arguement though

      Yet you also wrote (replying to the parent poster):
      Bush's inability speak English on an 8th grade level proves more than anything you said.
      Perhaps, but apparently your own higher education doesn't guarantee much, either.
    2. Re:Ha Ha you make a funny by Anonymous Coward · · Score: 0

      Right, and that disqualifies him for the presidency, just like it disqualifies Bush. The point stands.

  95. The problem's that copyrights and patents must die by argoff · · Score: 1

    OK, every time someone says that patents and copyrights need to die, someone else comes back and says - "the GPL is a copyright!", or they'll say "the patent system might need reform, but it we still need it!". This completely ignories how the GPL's circumventing the "right" to restrict what people copy is the foundation of it's success, and completely ignores the overwhelming failure of patents to "protect" little inventors overall, and the huge successes that have resulted when people were unable to impose patents (eg, think IBM compatable PC, and AMD). Yes, successes that benefited the little guys too. Not to mention all the millions of patents on things that woud have been invented anyhow.

    To these people I wish to say, please prove that copyrights and patents are worth it. Since they're the ones who wish to promote massive restrictions on what people can immitate and copy, let them prove for once that it provides a benefit instead of saying pathetic quotes like "I worry about how people will make money without IP" or "look at all the great wealth that patnets and copyrights have brought America". (sorta like in the 1850 when they said, look at all the wealth America has because of the plantation system, how will we make money without slaves?)

    Of course, the appropiate answer is that the road to propserity comes thru making freedom an end in itself, not greed. People in the USA should understand that more than anybody, sadly it seems all to many have spit on the very beliefs that got them to where they are. It's bad enough that they've screwed up their own lives, but that try to restrict every one else too is what will damn them.

  96. GODWIN'S LAW!!! by Prof.+Pi · · Score: 1
    You know what you sound like to me? "If you want to take shots at Hitler... have at it... that's practically required here at soc.culture.jewish."

    There ought to be a "-1, Godwin's Law" moderation...

    1. Re:GODWIN'S LAW!!! by Anonymous Coward · · Score: 0

      Actually, there ought to be a "-1, Knee-Jerk"

      Godwin's Law is an obnoxious cop-out. You don't like the message? And you think disapproving of the metaphor is going to make you look better? Heh. Whatever.

    2. Re:GODWIN'S LAW!!! by Anonymous Coward · · Score: 0

      God you Godwin's Law whiners are insufferable.

      Say something constructive or fuck off, will you?

  97. Related comment on Windows Source Leak by jago25_98 · · Score: 1

    Possibily offtopic but if you think this view should be heard mod it up:

    The Microsoft source code leak was intentional. By doing this Microsoft can attack Open Source but not closed source products. How? By tempting Open Source projects such as Wine to use the Windows code that has been released.
    Any of thier code that is then later found in Open Source is then attacked legally. Closed source can more easily `copy` code from OSS than vise-versa because of the less transparency in closed sourced code. Additionally, OpenSource has little if no legal funding.

    Proving it and gaining evidence in favour:

    - The code released is one of the more useful of sections of source code compared to the the rest of the OS to Open Source projects.

    - The code released contains IP of a lower value to the corporation.

    There may be other ways of finding out more detail.

    This message is Open Source, permission to quote at will ;p

  98. think "insurance", not "vendor liability" by flacco · · Score: 1
    Since the GPL type license agreements push the liability to the users, who do you go after?


    simple: if you want to mitigate real or imagined risk from using Free software, take out an insurance policy.

    --
    pr0n - keeping monitor glass spotless since 1981.
  99. Re: MS-Linux? by bill_doors · · Score: 1

    Damn! it sounds terrible for me :(
    What is next? Blue Screens with Kernel Panic errors? brrrrrrrrrr!!! :S
    Stop dreaming man! you are inside a nightmare!!!

  100. Re:Public Domain Linux - Microsoft's Goal by Anonymous Coward · · Score: 0
    Let's not forget the distinction between copyright and licensing. If the GPL (a license) is declared "invalid" (whatever that means) it just implies that the rights it gives you -- the ability to use that code in your own projects -- are terminated. The work is still under copyright, and there is nothing other than the GPL that lets you use it. Copyright law still reigns.
    4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License.

    5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License.

    The copyrights on all the code are secure. The only way EvilCo Inc. can screw users of free software is either by getting the copyrights declared invalid (as SCO/Micros**t are trying to do) or by claiming patent violation. Micros**t cannot take all GPL'ed software. (For one thing, there are a huge number of authors who hold the various copyrights to the kernel and applications, they'd have to get each one struck down.) Software patents are the only thing that can restrict your use of free software since that's the only way someone else can claim rights over code you wrote. Software patents and the PTO are the real evil.
  101. What Mike gets remembered for.... by OnanTheBarbarian · · Score: 2, Informative
    Mike writes:

    "I would state that this licensing project represented only a small fraction of my time over the last year and has completely gone away in recent months. "

    and

    "I am still hoping people dig up some of the more positive projects I have been involved with."

    Before getting involved in this whole SCO mess, Mike should have remembered this vital lesson .

  102. Re:it seems to me by Error27 · · Score: 1

    >> he is making the tacit assumption that many of these lawsuits have merit, and that much of the liability is real.

    He's definately saying that the liability is real but he doesn't care whether the lawsuits have merit or not.

    It's like paying the mob and bribing the cops. Dealing with lawsuits is just something you have to do in the OS space that's why it takes a company with a multi-billion dollar market cap to survive.

    I do read the article as saying that Microsoft is behind the SCO lawsuit and that he suspects Microsoft has 50 similar lawsuits planned.

  103. I plan to vote for "anyone but him" this year. by zenyu · · Score: 1


    Yup, I've yet to vote for a presidential candidate that won. This may be the year, Bush turned out to be much worse than I could have possibly imagined (I voted third party last few times, not that my vote matters in New York). My only fear is that he may dump Ashcroft and 'find' Osama a few days before the election. I don't think that would make people vote for him, but might depress turn out against him.

    I'm not a big fan of Kerry, in other years I would probably vote against him. But man I'd rather vote for O.J. than Bush, Jr. for president.

    1. Re:I plan to vote for "anyone but him" this year. by greenrd · · Score: 0
      I can't believe the mentality of people who would think, like, "Oh, 'he' caught Osama, so maybe he's not so bad after all..."

      Really, why should catching Osama have any measurable impact on Bush's support? I simply don't understand it.

  104. Sounds like an excuse by Anonymous Coward · · Score: 0

    I found that the whole article read like an excuse by Mr. Anderer. An exuse for helping SCO and MS get together and basically sue the linux community. He even says something like "I've done lots of good things too. I hope that someone finds those too." Again, like he's trying to justify something he neither confirms or denies. But by having the justification someone could infer guilt. Guilty I say...until he's proven innocent. Same for MS.

  105. That's just silly by Anonymous Coward · · Score: 0

    Abraham Lincoln was the first. Roosevelt also did it. You, sir, are woefully misinformed. If you want Bush out, at least be smart enough to pick a good reason.

    By the way, if Bush was even 1/100th as bad as most Slashdolts thought then you wouldn't be posting this kind of stuff because you'd be visited shortly by a US Marshall or the Secret Service. But, then again, reality isn't much fun on Slashdot.

  106. This Asshole Rambles On by Master+of+Transhuman · · Score: 0

    First he disconnects all his phones in every office of his in the country, then he spouts this dribble. Nothing in his article has any relevance to the issue. In other words, he's a lying sack of shit just like Darl McBride and Bill Gates.

    This guy needs to be immediately interrogated by the SEC as to possible illegal actions taken by Microsoft and SCO.

    If he wants to avoid Federal prison, he'd better hop a plane out to a non-extradition country fast. Disconnecting his phones isn't good enough.

    The scum that work in the business world just disgust me. Reading his and McBride's drivel is like having cockroaches run over your bare feet.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  107. Mod parent up n/t by shadowbearer · · Score: 1

    n/t

    --
    It's old. The more humans I meet, the more I like my cats. At least they are honest.
  108. IBM Patents by epcraig · · Score: 1

    I think it a weird thing when I find myself backing IBM, the scary Big Blue of my youth, the Big Blue bringing three separate software patent infringement charges against SCO, all in defense of the GPL.

    --
    Ed Craig "Who cares what you think?" George W. Bush, 4th of July 2001
  109. Anderer expected a settlement by ppanon · · Score: 3, Insightful

    I think one real issue, that people are skirting, is who will be the ultimate guarantor of IP-related issues in a world that is governed by the GPL and GPL-like licenses. I could easily see IBM, HP, Sun, and many of the other large hardware players solving this problem tomorrow by settling the dispute with SCO and maybe even taking the entire code base and donating it into the public domain. I know this is what I originally thought would happen, at least the settlement part. I am not certain what people who paid tens of millions for licenses would say if what they paid for was now free, but that is a different issue.

    Anderer expected a settlement and probably so did SCO. They never counted on IBM pimp-slapping them in court 'pour encourager les autres' to not repeat the same mistake. In the long run, that's the most effective way to be a guarantor of IP-related issues. Paying off blackmail just encourages more of the same (especially if it's for doctored picts).

    However people in the computing and IT industries shouldn't be surprised that what they licenced for tens of millions of $ was now free. It's the result of the commoditization of products and is partially related to why you can get a $500 PC that is faster than a $10 million mainframe/supercomputer from 20 years ago.

    Did those companies and managers get enough ROI on those tens of millions to amortize their costs before the price dropped? After all Linux has been available for a while even if it's only been gaining mainstream commercial acceptance for a few years. The writing was on the wall for anyone smart enough to read it. If IT directors were planning on amortizing $10million+ costs over more than 5 years, they were dreaming or counting on non-existent first-mover advantages that also bit a lot of .coms.

    If somebody with that kind of purchasing power is upset, then either a) they don't know this industry or b) they are idiots to be upset that their overhead just shrunk massively. Either way, they shouldn't be holding that position and if this is what it takes to get them replaced, so much the better.

    --
    Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
  110. If that really was Outlook code... by leonbrooks · · Score: 2, Interesting

    ...then the next security update would have to remove it all, by definition.

    IRL, the original author's off his tree. While the sharks could bend it, the law clearly starts out by saying: the person or organisation who did the actual including is entirely at fault.

    If the code said something like "stolen from Microsoft" or obviously contained Microsoft headers and such, slap-in-the-face clues that the code was still albatrossed by non-Free copyright, responsibility could easily be pushed out as far as the last entity to compile it (likely the distributor), and more fool them for not knowing what they're compiling.

    In order to make end-users vulnerable, the program would have to give out a fairly unmissable clue when run. Announcing Microsoft copyrights in the splash screen would do it, although doing so on an "About" screen that you have to go out of your way (but not know any secrets) to get to would probably be enough.

    If such a thing did happen, someone at Microsoft would be in the unenviable position of explaining how the code got loose, and how they know exactly what got loose and what didn't, and how they know that some sour-grapes manager didn't actually release it under a GPL or some such as a parting gift to his/her employer.

    --
    Got time? Spend some of it coding or testing
  111. Re:perhaps this is SCO's 'MIT rocket scientist' by Alsee · · Score: 1

    Anderer's patents:
    6,546,418...
    6,448,979...
    6,314,457...
    He's writing junk patents


    Yep. I just read them over. I think got a fairly good understanding of them before my eyes turned to tapioca from all the patenteese.

    They all say pretty much the same thing. It's a patent on having a barcode scanner (or any similar scanner) attached to a computer and reading a barcode (or any other code) from an object and looking up that code on an internet server to retrive data from the internet.

    So why three patents? Based on my causal reading it seems that the earliest patent (6,314,457) had the "problem" of being too specific. I think it was restricted to looking up the code on DNS servers and it may have placed limitations on the type and/or purpose of the codes and data to be retrieved. I got the impression that the middle patent (6,448,979) merely broadened the scope of the initial patent.

    And what about the last patent? 6,546,418? Well that one looks the same but contains the very INVENTIVE STEP of charging a fee for getting listed the look-up server and/or for each access to that list for data to be sent.

    Pardon me while I go patent icecream or something.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  112. Calm yourself by The+Tyro · · Score: 3, Insightful

    Mr. Wright is it? I don't necessarily disagree with everything you wrote... your tone could use a bit of work.

    I'd love to see you define 'state sponsors of terrorism', 'genocidal regimes' and (especially nice) 'rogue nations pursuing WMD'

    Challenge accepted.

    State Sponsor of Terrorism: Iran (also Syria)
    Genocidal Regime: Iraq, N. Korea (primarily against its own starving people)
    Rogue nation pursuing WMD: Iran, N. Korea, (also Syria)

    You brought up a good point. Like you, I don't think the list should be only 3 countries long... there are plenty more I would add... but all in good time; we'll deal with the worst first.

    just like going round the League of Nations was right?

    The UN wasn't doing its job... somebody had to do it.

    Good thing - because you're not.

    Really? Perhaps you're a pacifist... I am not. I have no problem hunting and killing terrorists and their allies. In fact, I've personally taken part in/supported operations of exactly that type during my military service. To answer your unspoken question, yes... I sleep very well at night.

    some poor British guy (web designer) who you held hostage for 2 years, tortured, starved, and beat, ritually.

    So he says... I don't know the circumstances under which he was captured, and neither do you. As for his claims... I'm sure he has no axe to grind against his captors... If he innocent, I'm glad he was released. Yes, 2 years is a chunk out of his life he'll never get back, but at least he's free now... the system was slow, and certainly less than ideal, but it worked.

    Hating America, and Americans, is increasingly easy these days. Because of fuckers like you. We know we shouldn't, but jesus, you're loud obnoxious pricks.

    On the contrary, Mr. Wright... I've simply offered some reasoned counterpoint to some fairly over-the-top posts. I'm frankly surprised that you're so upset... that kind of vehemence in the face of this simple debate says something about you, sir.

    don't fuck with the rest of the world

    This may come as a surprise to you, but nothing would please most americans more than to simply be left alone. We didn't ask for this fight... but the Al-Queda have been targeting americans for over ten years, and it's time to deal with them, and the environment that's spawned them (radical islam and state terrorist sponsors).

    --
    Even if a man chops off your hand with a sword, you still have two nice, sharp bones to stick in his eyes.
    1. Re:Calm yourself by sholden · · Score: 0

      State Sponsor of Terrorism: Iran (also Syria)
      Genocidal Regime: Iraq, N. Korea (primarily against its own starving people)
      Rogue nation pursuing WMD: Iran, N. Korea, (also Syria)

      You brought up a good point. Like you, I don't think the list should be only 3 countries long... there are plenty more I would add... but all in good time; we'll deal with the worst first.


      So Iraq is in one of those categories. The category which just so happens to be the one that if you pick a country at random you probably have a good chance of picking a country in that category. A large number of which do so much better than Iraq could dream of.

      Yet, Iraq is the country you invade?

      That's dealing with the worst first?

      Also you can't define "rogue nation" by giving a list of examples. Define it. What properties must a country have in order to be a "rogue nation"?

      This may come as a surprise to you, but nothing would please most americans more than to simply be left alone. We didn't ask for this fight... but the Al-Queda have been targeting americans for over ten years, and it's time to deal with them, and the environment that's spawned them (radical islam and state terrorist sponsors).

      Note, Iraq wasn't a hotbed of radical islam, and wasn't in your list of state terrorist sponsors (of course after America fucked with it, it is going to be a radical islamic state in the next decade or so...)

      Saudi Arabia, on the other hand, seems to be a perfect match for your "environment".

    2. Re:Calm yourself by Perky_Goth · · Score: 1

      gee, the rightwing mods came out tonight...

      as for the countries, well, America, Russia, France and Paquistan are the only countries that i know that have "nucular" weapons. there definitly aren't in iraq or afghanisthan, right? not in syria anymore, that's a good thing. But did you know that the US has over 2000 nukes pointed at russia via norad? what the fuck for? yet those WMD are not up for discussion, like it's impossible for a terrorrist to get there... or one like timothy macveigh...

      I have no problem hunting and killing terrorists and their allies.
      Fine. Great, actually. But are you sure their terrorrists? Because people fighting of foreigners who invaded and screw up as much as they fixed aren't NOT terrorrist. Look at Iraq, it's a freaking mess. It was hasty. It was poorly planned, politicly. What the hell is going to be done? No one has a clue, that's no freaking resolution.
      My specific point with this is that you've enlarged the mess of the region, terrorrist attacks are rising, the muslims are more and more hateful of western civilization, and the freaking iraquis have no more safety or food or health then they had before!
      And now 200 lives and 1400 wounded have paid for it in Madrid! Was it worth it?
      Or has the problem got a lot bigger?

      Why Europeans dislike americans is generly because you try to sell this silver bullets that always blow up in your face. You try to convince us that yours is the only way to live, with your values.
      With your litigious economy, with your warmongering, your corruption, your hate, your fear, your racism. We don't want it. Stop trying to feed it down the world's throat and you might find us friendlier... it's not THAT hard.

      we'll be right here.

    3. Re:Calm yourself by Anonymous Coward · · Score: 0

      This may come as a surprise to you, but nothing would please most americans more than to simply be left alone. We didn't ask for this fight... but the Al-Queda have been targeting americans for over ten years

      You are absolutely right - most of us Americans would prefer to be left alone. The problem is this particular group of Americans, you know the ones, the 5% that control 90% of the wealth in this country. You see, they want to fuck around with the rest of the world and al-queda, that's the world fucking back. Where do you think this "radical islam" comes from? It comes from the countries where the people have no other means of representation. Countries that got like that and stay like that because of our own support for dictators and really foolish, "thy enemy's enemy is they friend" method of allie making. Step on a people's freedom and it all comes out as anger and a search for succor in religion - and anger+religion = radicalism, just like Koresh in this country.

      So, my vote is we stop sending soldiers overseas to die in service of that 5% of America and instead start putting more people like Ken Lay in prison. But, if anything, the current US administration has shackled the SEC - instead of icnreasing their funding. I guess "law and order" like racial profiling is worth the bucks, but getting rid of the people that are the root cause isn't even up for consideration.

  113. Autopoiesis? by solferino · · Score: 1

    offtopic
    ...could view this as a form of autopoesis

    Intrigued by this word I went and googled it. First, it is actually spelt Autopoiesis.

    There's a lot of stuff on the web about it. This page seems to have a good overview on the theory. It includes this tutorial.

    The tutorial contains two quotes that seem to sum up the foundation of the theory, viz.

    "Everything said is said by an observer."

    "All knowing is doing, and all doing is knowing."

  114. My problem with GWB... by leonbrooks · · Score: 2, Interesting

    ...is that he's apparently white-cane-and-glasses blind to a lesson which history should have burned deeply into our collective national psyches by now, one of the major reasons for the founding of the USA, and a problem which even Australia constitutionally recognises (although in practice we are, like the uSA, pretty much ignoring our own Constitution whenever it really counts).

    I'm talking about blending religion and politics.

    If he wants the Inquisition back, albeit named something harmless-sounding like "the department of Homeland Security", then George's going the right way about it. The Inquisition had a friendly-sounding name as well, "the Congregation for the Doctrine of the Faith", but that didn't stop it from causing tens (possibly hundreds, they also liked destroying records) of millions of deaths or perverting the government in scores of countries so that competing faiths stood no chance. Mao's and Stalin's faith-based purges weren't as subtle but killed around about as many people and clearly exposed the fallacy of regarding humanism or atheism as in any way benevolent or "safe" faiths.

    I think Microsoft counts as a religion, too. Pope Bill and Cardinals Steve, Paul and so on presiding over the congregation of money-worshippers. Whether you take that idea seriously or not, they're distorting government in pretty much the same way a religion does. The irony of them claiming to have any corporate rights should be pretty clear to anyone who's read one of their EULAs.

    To say that Anderer's either off his tree or snowing like Alaska in January would be something of an understatement, but it's inumportant compared to the context in which all of this crap is happening. Bush may be unsubtle about how he lets the USA get pushed around by religious and corporate interests, but Clinton didn't exactly raise a rash of red flags against most of the related issues either. If I was a Yank, I'd be voting against both Bush and Clinton.

    --
    Got time? Spend some of it coding or testing
  115. They just don't get it by Dunkirk · · Score: 1

    From the article:

    I think one real issue, that people are skirting, is who will be the ultimate guarantor of IP-related issues in a world that is governed by the GPL and GPL-like licenses. I could easily see IBM, HP, Sun, and many of the other large hardware players solving this problem tomorrow by settling the dispute with SCO and maybe even taking the entire code base and donating it into the public domain.

    Many speculated this was the case, but here we have confirmation that the intent all along was to sucker-punch the big boys into settling. And once again, we need to point out that the "suits" on SCO's side just don't "get it." If they did, they would have expected exactly the response that they've gotten.

    --
    Acts 17:28, "For in Him we live, and move, and have our being."
  116. Consistently voting for Nader... by leonbrooks · · Score: 2, Insightful

    ...is one way to make him a front-runner. Not that Nader is without his faults, but he'd be a Godsend compared with his alternates.

    --
    Got time? Spend some of it coding or testing
    1. Re:Consistently voting for Nader... by wmspringer · · Score: 1

      And if he keeps running for the next 200 years, that might eventually happen..

      I mean, has the man EVER held ANY elective office? Does he have ANY qualifications for the job aside from not being from one of the major parties?

    2. Re:Consistently voting for Nader... by djtack · · Score: 1

      I mean, has the man EVER held ANY elective office?

      Well, he has sued most of them...

  117. Great post by shadowbearer · · Score: 1

    Personally, I would end software patents for starters... software is just mathematics, and anyone who says otherwise is spouting nonsense. I do not agree that mathematics should ever be patented. We know that it is not necessary to drive mathematical innovation, after all. Ask Euclid and company. I can only wonder how much mathematical progress would have been lost if all the works of antiquity could not have been preserved... we had all too few copies of the great mathematical works to learn from for too long, after all...

    I agree. Software patents are stifling creativity.

    I'm going to be a bit of a pedant, however. Code is just mathematics. Software is creation based off that math, more art than anything else. I know a lot of people disagree with that, but think about this: If software *is* art, then copyrights will apply, but patents should not (how can you patent a Mona Lisa?). The act of creating something new using existing tools should be regarded as art rather than as an industrial process and should be copyrightable, but not patentable.

    Anyway IANAL IANASE and all that

    SB

    --
    It's old. The more humans I meet, the more I like my cats. At least they are honest.
  118. True. XGItech is a co which did as much as poss. by leonbrooks · · Score: 1
    They released their Linux drivers with the 2D parts Opened, and they released the specs so we-the-community could re-write an Open 3D part if we wished (thank you, Jer Yuan Yan and those who helped him) and they released a working-but-closed 3D driver.

    AFAICT, that's the best possible response to the issue of not having full ownership of your software technology.

    Now all we need is enough XGI dealers around that I can actually buy one of the danged things, and we'll be away...

    --
    Got time? Spend some of it coding or testing
  119. Let me get this straight ... by cdrguru · · Score: 1
    You would like a government-owned telecom system? One that owns fiber to every home? Nobody else would be able to compete with that, so the government would then own a telecom monopoly.

    That doesn't sound like a very sensible idea to me.

    1. Re:Let me get this straight ... by Jagasian · · Score: 1

      No, I am talking about the government subsidizing the laying of fiber... just as they did with the national highway system. Private companies still make and sell the products and services. Better to spend tax dollars on something like that, as opposed to funding a war.

  120. Re:Public Domain Linux - Microsoft's Goal by ka9dgx · · Score: 1
    "SUpporting two OS's and two different versions of Offices? I don't know sounds EXPENSIVE. "

    Well, unless I'm really mistaken, isn't Office:mac just the thing you think they can't do? How different is OS-X (a unix derivative) from Linux, really?

    --Mike--

  121. Exactly by Anonymous Coward · · Score: 0

    In the old days we used to say "don't break your arm", but these days everyone you read about is a self-promoting jackass, so people don't notice so much.

    But yes, this jerk is a self promoting jack ass among jack asses.

  122. Hello? Microsoft sock-puppet? (-: by leonbrooks · · Score: 1
    Microsoft doesn't deserve scorn, here or wherever thinking people discuss things? Hello? SCO?

    Oh, the irony!

    --
    Got time? Spend some of it coding or testing
  123. SCO --- Anderer and disapering Emails patents.. by Anonymous Coward · · Score: 0

    I bet mr. anderer or whoever he is wishes he had more than just a weak patent and actualy had a product - that way his Little memo would not have hit the streets--- it would have poofed

  124. Holy shit, he's practically illiterate. by benploni · · Score: 2, Interesting

    Put aside for a moment the actual message of his letter. Just for now, pay attention to his writing. The man is practically illiterate.

    He is incapable of putting together a coherent paragraph. Forget about getting a cogent argument; you have to struggle to understand what he's trying to express!

    OK, back to the content. In my experience, I've met many people like him. They have lots of shady companies. Often, they have had so many that they have lost track of them. Mr. Anderer brags of this trait, but it is a major red flag.

    Such people also tend to never stick to one thing; they make "contributions" in countless fields. They can never stay too long in one place, or people will notice that they are bullshitters.

    Bottom line, this confirms my guess about him. He's a sleazy, bottom-feeding, undereducated corporate whore, used by Microsoft and TSG only to distance themselves from an unsavory transaction.

  125. Re:Public Domain Linux - Microsoft's Goal by demon · · Score: 1

    Actually, Office for OS X is still a lot different from anything written for an "actual UNIX" - it's written to the Carbon API, which is pretty close to the old MacOS APIs, not like the Cocoa APIs, where OpenStep and GNUStep provide reasonably portable implementations to build against. A lot of applications currently written for OS X are still written to the Carbon API, so they hardly qualify as anything you could either just rebuild, or quickly port, to Linux, *BSD or another *NIX-like OS.

    --

    Sam: "That was needlessly cryptic."
    Max: "I'd be peeing my pants if I wore any!"
  126. Anderer is wanted for small parts in 'The Peanuts' by CherniyVolk · · Score: 2, Funny


    Yesterday, Charles M. Schulz was utterly amazed when he came across Mike Anderer's reply regarding the Baystar SCO transaction on NewsForge.

    Charles M. Schulz, who had used the famous 'wha wha wha' to identify adults speaking in his cartoons, was amazed to find the equivalent could actually be accomplished with real words.

  127. Cygwin and half-arsing by Anonymous Coward · · Score: 0
    SFU is a bunch of half-arsed stuff cobbled together from existing licensed products, some of which could be replaced by better Free Software (such as Cygwin).
    Cygwin is an impressive collection of work, but it suffers greatly from being a hack atop Win32. SFU (specifically, the Interix subsystem) provides a POSIX interface to the NT kernel. The advantage of Cygwin is of application availability, due largely to its former price advantage.
    Cygwin, OpenSSH, encrypted Samba access, CUPS support etc.,
    OpenSSH has been ported to Interix, and one doesn't need either emulation layer for encrypted SMB (stunnel) or IP printing (W2K+).
  128. Re:True. XGItech is a co which did as much as poss by Anonymous Coward · · Score: 0

    Well, I didn't find the specs. Can you give me the link?

  129. Do not speak for me! by redmoss · · Score: 1

    When you say "we here on Slashdot" you cannot possibly expect to represent every last Slashdot reader's views. You don't speak for me. So don't try.

  130. Re:True. XGItech is a co which did as much as poss by runderwo · · Score: 1
    He's full of shit. XGI released no programming docs. They are a conglomeration of SIS and Trident folks, neither of which have provided any programming information for their products for the last few years. Hence, the near complete lack of support in XFree86 and the DRI for their products.

    Buy something else.

  131. Problem with nomenclature by Anonymous Coward · · Score: 0

    What you've said is correct. However, the qwording allows people to think "so Windows is the superior platform". Which *is not* what you are saying here. It isn't the platform that is superior, but the *support* for that platform which is superior.

    That's why the statement the head of this thread had is so annoying.

  132. Re:perhaps this is SCO's 'MIT rocket scientist' by gandy909 · · Score: 1

    Wow, could this be the guy who invented the CueCat fiasco?

    --

    (Stolen sig) Remember: it's a "Microsoft virus", not an "email virus", a "Microsoft worm", not a "computer worm
  133. Sooner or later... by leonbrooks · · Score: 1
    has the man EVER held ANY elective office? Does he have ANY qualifications for the job aside from not being from one of the major parties?

    ...that may be enough. You need to sit down and watch Brewster's Millions again. (-:

    --
    Got time? Spend some of it coding or testing
  134. MS Word by abertoll · · Score: 1

    Maybe they'll fix that little "feature" in Word which allows people to see all previous versions of a document. It's kind of funny that this is coming back to haunt them. I wonder how many times they've used this in documents that they've traded with other companies to give them that extra "edge" in the deal...

    --
    "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
  135. Mod me to -1 flamebait right now. by Anonymous Coward · · Score: 0

    'BEGIN FLAME'

    I will respond in reverse order:

    Don't you think there's a reason people here (and in general anywhere people are more educated than average) dislike Bush?

    Translated: There is obviously no other opinion to have. No other opinion is possible. Yup no partisanship there, none whatsoever.

    And we, on Slashdot, should be called partisan (or the same implied) as if the political developments of the last 4 years don't suitably justify it?

    Sorry, just have to get that off my chest. Snidely poking at a consensus opinion (without appearing to worry on wether it's correct) just makes you look ignorant. Say why you think Bush gets short shrift, if you feel differently.

    Oh but YOU are not being snide, absolutely not. Also you demand proof to disagree with you but you don't offer any proof for your accusations to begin with. Of course you don't have to because no other intelligent opinion is possible. Also you need to discover this thing called a spell checker (but I'm not being snide)

    "You know what you sound like to me? If you want to take shots at Hitler... have at it... that's practically required here at soc.culture.jewish."

    This is what got me. I lost 3/4 of my family on my mothers side to the holocaust, the other 1/4 got sent to Russian concentration camps where they died slow horrible deaths over the ensuing ten years and my mother only survived because her birth records were lost. I am getting sick and GODDAMN tired of Liberals whipping out the Hitler analogy when it is obvious that you have no idea what you are talking about. You assume because SOME Jews are Liberals then ALL Jews are Liberals and so by your twisted calculus that is a Liberal argument that you get to use whenever you please. Take this from a Jew you insensitive motherfucking bastard, you and Hitler would have been pals: He didn't think any other intelligent opinion was possible but his either.

    "It seems to annoy people when a group develops a consensus on something - even when they are correct. Even when what they disapprove of is particularly egregious. Microsoft doesn't deserve scorn, here or wherever thinking people discuss things? Hello? SCO?"

    YOU think something, that's it. Liberal opinions like yours get more ink, EM spectrum and bandwidth because you are a bunch whiny, screaming crybabies that can't stand it when you don't get your way. I would have not responded to this if you would have left out the Hitler comment.

    You people still bitch about REAGAN for God's sake.

    "You can make criticism of Bush look like a reflex on Slashdot, the same way everyone paints the readership as Linux zealots or anti-Microsoft... But pardon me for being blunt, I call it rude and ignorant."

    See my last response

    'FLAMEOUT'

  136. Canon by mumpster · · Score: 1

    Yes, I know. But compare HCl for Canon and Olympus cameras. All current Olympus cameras just work as USB mass storage devices. Just mount them and voi la! Current Canon cameras require weird work around thru gphoto. The same fits to Canon LBP printers.

  137. Canon by mumpster · · Score: 1

    > "Boycott Canon" Hm...It does not look good. I'll better prefer just "skipping".:) Here I just mean that fiasco with scaner prevent me from other experiments with Canon equipment though I was ready to spend a sensable (for me, of course) sum to buy some printer and camera.