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DOJ Calls EU Microsoft Decision "Unfortunate"

ogma writes "This one is especially ironic after the recent slashdot story on more of Microsoft's underhanded actions coming to light. It seems that the DOJ thinks Europe was too hard on Microsoft in its anti-trust ruling.. According to Assistant Attorney General Hewitt Pate, the fine 'may send the wrong message about antitrust enforcement priorities'..." Open Council writes "The Register points out that the EU has provided Microsoft with a major victory over its Open Source rivals because it will now be allowed to pursue royalty revenue from the APIs it publishes. Jeremy Allison says that the projects such as Samba, which he jointly leads, may face a prohibitive hurdle. The size of the fine is peanuts to MS but will be a bargain if it can lock out Open Source projects from using its API's."

671 comments

  1. Meanwhile, back in Redmond by Anonymous Coward · · Score: 4, Funny

    Bill Gates revealed his awesome new creation... the Death Star. "It's capable of destroying entire continents, as we'll soon demonstrate." he was quoted as saying.

    1. Re:Meanwhile, back in Redmond by Anonymous Coward · · Score: 5, Funny

      Microsoft programs are generally bug-free. If you visit the Microsoft hotline, you'll literally have to wait weeks if not months until someone calls in with a bug in one of our programs. 99.99% of calls turn out to be user mistakes. I know not a single less irrelevant reason for an update than bugfixes. The reasons for updates are to present more new features. -- Bill Gates, on code stability, from Focus Magazine

    2. Re:Meanwhile, back in Redmond by Anonymous Coward · · Score: 5, Funny
      99.99% of calls turn out to be user mistakes.

      Naturally, installing "Windows" was the first user mistake.

    3. Re:Meanwhile, back in Redmond by Anonymous Coward · · Score: 0

      .. like, erm .. "destroying entire continents, as we'll soon demonstrate" ... if we don't get that monthly service pack out to the Yorktown in time :-)

    4. Re:Meanwhile, back in Redmond by strictnein · · Score: 1

      this_ruling = null

      From the article:

      Microsoft will challenge the ruling, a process that could keep the battle rumbling until 2009, it said.

      Weee.... so, this will finish up right after SCO wins its lawsuit, right?

    5. Re:Meanwhile, back in Redmond by Channard · · Score: 3, Funny
      Bill Gates revealed his awesome new creation... the Death Star. "It's capable of destroying entire continents, as we'll soon demonstrate." he was quoted as saying.

      To which the European Comissioner replied.. 'Puny Gates! You and your 'death star' shall soon face the wrath of EUnicron.'

    6. Re:Meanwhile, back in Redmond by spellraiser · · Score: 3, Funny

      this_ruling = null

      No, no, no ... what are you thinking of ?? Microsoft programmers using Java ?? I think you must mean:

      this_ruling = NULL

      --
      I hear there's rumors on the Slashdots
    7. Re:Meanwhile, back in Redmond by Anonymous Coward · · Score: 0

      I think you mean:

      hThisRuling = INVALID_HANDLE_VALUE;

    8. Re:Meanwhile, back in Redmond by Bull999999 · · Score: 2, Funny

      If Bill said it, it must be true.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    9. Re:Meanwhile, back in Redmond by pyros · · Score: 0

      Who changes every file to 0600? I certainly never have, and I've never had a box rooted in 8 years.

    10. Re:Meanwhile, back in Redmond by warkda+rrior · · Score: 1

      this_ruling = NULL

      Shouldn't it be in C++?

      this->ruling = NULL;

      Then, in standard Microsoft fashion, you need to dereference it...

      --
      You need to install an RTFM interface.
    11. Re:Meanwhile, back in Redmond by Dirk+Pitt · · Score: 1
      Uh, if a browser or outlook exploit is used to run a piece of rogue software on your machine in the context of your account, it doesn't matter how well your ACLs are setup.

      I would hazard a guess that very few Linux 'zealots' chmod 600 their files, unless they're very paranoid.

    12. Re:Meanwhile, back in Redmond by whathappenedtomonday · · Score: 1
      Naturally, installing "Windows" was the first user mistake.

      definitely!
      and the remaining 0,01% just called to ask how they can rename multiple files...
      NOT using something like ren *.jpeg *.jpg

      --
      I hope I didn't brain my damage.
    13. Re:Meanwhile, back in Redmond by ghjm · · Score: 1
      You're implying Microsoft code that doesn't contain a bug. Fortunately, if you look at it in context you can see the truth:
      this_ruling = new euro_antitrust;
      vehemently_disagree(this_ruling);
      this_ruling = NULL;
    14. Re:Meanwhile, back in Redmond by caseydk · · Score: 2, Insightful



      So the EU Commission demonstrates that it gives no regard to licensing or intellectual property rights...

      How is this good for the GPL and the Open Source Community?

    15. Re:Meanwhile, back in Redmond by mangu · · Score: 2, Funny
      the remaining 0,01% just called to ask how they can rename multiple files...


      It's a two step process:

      1) Install Linux

      2) for i in *.jpeg; do mv $i `echo $i | sed s/\.jpeg/.jpg/ - ` ; done

    16. Re:Meanwhile, back in Redmond by tiger99 · · Score: 1
      A very clear demonstration of Sir Bill's serious mental problems, for a start an ego larger than the known universe, and a complete inability to distinguish between truth and fiction.

      Are the criminally insane allowed to be company directors in the US?

      More likely, 99.99% of calls turn out to be due to Sir Bill's complete incompetence.

    17. Re:Meanwhile, back in Redmond by ncc74656 · · Score: 1
      Who changes every file to 0600?

      Somebody who wants to nuke his system...it's not going to boot up too well when /sbin/init and friends aren't marked executable.

      --
      20 January 2017: the End of an Error.
    18. Re:Meanwhile, back in Redmond by Anonymous Coward · · Score: 0

      for i in *.jpeg; do mv $i `echo $i | sed s/\.jpeg/.jpg/ - ` ; done

      And this is superior to "ren *.jpeg *.jpg"... how, precisely?

    19. Re:Meanwhile, back in Redmond by Anonymous Coward · · Score: 0

      This is how "ren *.jpeg *.jpg" works in MS/DOS:

      suppose you have three files, 1.jpeg, 2.jpeg, 3.jpeg. Applying the ren command in DOS will take the first file, 1.jpeg, and successively rename it, first to 1.jpg, then to 2.jpg and finally to 3.jpg. Then the command will take 2.jpeg and rename it three times in sucession. The final result is that you'll have three copies of the original 1.jpeg file, named respectively 1.jpg, 2.jpg and 3.jpg.

    20. Re:Meanwhile, back in Redmond by cmacb · · Score: 1

      "I know not a single less irrelevant reason for an update than bugfixes. -- Bill Gates, on code stability, from Focus Magazine"

      Well, if that's what he actually said then I'd have to agree with him.

      Follow closely the multiple negatives in that sentence and you find that it equates to: The most relevant reason for updates to Windows is bug fixes. His thinking is a muddled as his OS.

      On the other hand, the only thing I can think of to say about the DOJ is: They must be smoking crack.

    21. Re:Meanwhile, back in Redmond by Anonymous Coward · · Score: 0
      Are the criminally insane allowed to be company directors in the US?

      It's more or less a job requirement.
    22. Re:Meanwhile, back in Redmond by The+Spoonman · · Score: 1

      Sure it does, if you're not using a privledged account. You know how one doesn't run as root regularly? Then, don't run as administrator. :)

      --
      Which is more painful? Going to work or gouging your eye out with a spoon? Find out!
      http://www.workorspoon.com
    23. Re:Meanwhile, back in Redmond by cubic6 · · Score: 1

      Really, all you have to do to nuke most systems is:

      chmod 0 /bin/sh /bin/bash /sbin/init /bin/chmod"

      Can't fix it without a rescue disk, unless you happen to have a spare copy of chmod sitting around for a rainy day...

      (Credit goes to someone else on /. for the idea)

      --
      Karma: Contrapositive
    24. Re:Meanwhile, back in Redmond by Anonymous Coward · · Score: 0

      I don't have an old school DOS machine to test with, but that's sure as hell not what it does now.

      Q:\test>dir
      Volume in drive Q has no label.
      Volume Serial Number is XXXX-XXXX

      Directory of Q:\test

      26/03/2004 09:34 .
      26/03/2004 09:34 ..
      26/03/2004 09:34 8 1.jpeg
      26/03/2004 09:34 8 2.jpeg
      26/03/2004 09:34 8 3.jpeg
      3 File(s) 24 bytes
      2 Dir(s) 18,283,184,128 bytes free

      Q:\test>type 1.jpeg
      file1

      Q:\test>type 2.jpeg
      file2

      Q:\test>type 3.jpeg
      file3

      Q:\test>ren *.jpeg *.jpg

      Q:\test>type 1.jpg
      file1

      Q:\test>type 2.jpg
      file2

      Q:\test>type 3.jpg
      file3

    25. Re:Meanwhile, back in Redmond by cfuse · · Score: 1
      99.99% of calls turn out to be user mistakes.

      One of the developers at work tried to report a bug to Microsoft, who wanted to charge us $299 for the privilege. She told them to 'go fuck themselves'. Does this count as a 'user mistake'?

    26. Re:Meanwhile, back in Redmond by mlyle · · Score: 1

      Or you could just run a perl interpreter and chmod in there; or compile something that uses chmod(2), or.. any number of things.

      Not so hard to fix.

    27. Re:Meanwhile, back in Redmond by Anonymous Coward · · Score: 0

      what a windBlows TWAT go suck a yea well nuff said..

    28. Re:Meanwhile, back in Redmond by cubic6 · · Score: 1

      Perl I'll give you, but if you compile something that uses chmod, how do you plan to run it?

      --
      Karma: Contrapositive
    29. Re:Meanwhile, back in Redmond by shadowbearer · · Score: 1

      So the EU Commission demonstrates that it gives no regard to licensing or intellectual property rights...


      There's a difference between use and abuse; I suspect the Commission knows that :) At least, I hope so...

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    30. Re:Meanwhile, back in Redmond by Hanzie · · Score: 1

      A fine is depriving someone of their right to property. In fact, it seems to care enough about property rights to punish those who abuse the system.

      Impounding property is depriving someone of their right to property.

      Governments are empowered to do this. They are also empowered to take other rights away.

      Lots of them.

      Taking away these rights is called "Punishments" They are generally used as a negative reward to discourage bad deeds. Bad deeds like Microsoft abusing the capitalist system to take away the property rights of others when they steal business.

      Capitalism does have a few flaws, one of them being that if someone can get a monopoly on an essential product, it's quite possible to leverage that into a dictatorship. For study of this, look up "Water Empires" and "water rights in the old west." I further recommend looking into the "robber barons" "trusts" "Carnegie Steel" and "Standard Oil".

      Most governments dislike the idea that they can be owned by an enterprising company or person, so they enact laws to keep anyone else from getting powerful enough to challenge them. These are called anti-trust laws.

      I think my sig is entirely appropriate to the current discussion.

      Thanks,
      hanzie.

      --
      ********* sig: If you don't like the law, get filthy stinking rich, and buy a better one.
    31. Re:Meanwhile, back in Redmond by drsmithy · · Score: 1
      Follow closely the multiple negatives in that sentence and you find that it equates to: The most relevant reason for updates to Windows is bug fixes. His thinking is a muddled as his OS.

      Even without going into intricate grammar deconstructions it makes perfect sense if you understand what he means by "updates".

      An "update" is a major release. Eg, NT4 -> Win2k or Linux 2.4 -> 2.6. The primary purpose of such releases is *not* to fix bugs - that's why there are service packs and 2.4.x kernels - it's for introducing new features.

      Which is not to say bugs aren't or shouldn't be fixed in product updates, merely that it's far from the biggest reason to do one.

    32. Re:Meanwhile, back in Redmond by DotNetGuru · · Score: 1

      One of the developers at work tried to report a bug to Microsoft, who wanted to charge us $299 for the privilege. She told them to 'go fuck themselves'. Does this count as a 'user mistake'?

      I thought MS's policy was to charge you only if its NOT a bug. If it's a bug I thought they wouldn't charge you, and might provide you with a fix.

      If this person was having a problem with a developer product there's a pretty good chance they may find completely free support the same way OSS programmers find support - via newsgroups (you can find them on msdn.microsoft.com, but using google will find you them faster), mailing lists (eg the dotnet mailing lists), and blogs (weblogs.asp.net). Not to mention the more traditional knowledge base.

      So who really knows whether it's a user mistake. You haven't described what the problem was. And this is Slashdot and although there are many anti-MS people here, somehow pro-MS comments get modded up too. So there's obviously people who know about MS as much as there's people who know about Linux here. So this place is possibly one of those places where you could find an answer too. But that'd be off topic. Unlike this post that mentions the DOJ and EU right here in this very sentence. Your coworker should Ask Slashdot. :)

      It's amazing sometimes people make mistakes even if they happen to be smart developers. That applies to your coworker as much as it applies to Microsoft. I suppose it is a gamble though: $299 bucks if you're wrong...

    33. Re:Meanwhile, back in Redmond by Merusdraconis · · Score: 1

      It's a two step process:

      1) Install Linux

      2) for i in *.jpeg; do mv $i `echo $i | sed s/\.jpeg/.jpg/ - ` ; done

      See? Who says Linux isn't user-friendly?

    34. Re:Meanwhile, back in Redmond by mlyle · · Score: 1

      The linker chmod(2)'s it internally so it's executable.

    35. Re:Meanwhile, back in Redmond by spyder_Z · · Score: 1

      Each OS that Microsoft published is error free only for the front eye's. But in-detailed usage and experiences on pragramming will show how terrific OS is it.....compared to UNIX!

  2. What the EU did was perfect, fuck the DOJ. by garcia · · Score: 5, Insightful

    It surpasses fines the Commission has imposed on price-fixing cartels and that may send the wrong message about antitrust enforcement priorities, Pate said.

    It seems like it sends a perfectly clear message. DO NOT FUCK UP OR WE WILL HUNT YOU DOWN. The fine wasn't all that steep for what MS can afford. It was another quick bump in the road. What it shows me is that the EU cannot be bought as easily as the US can.

    "Imposing antitrust liability on the basis of product enhancements and imposing 'code removal' remedies may produce unintended consequences," Pate said. "Sound antitrust policy must avoid chilling innovation and competition even by 'dominant' companies. A contrary approach risks protecting competitors, not competition, in ways that may ultimately harm innovation and the consumers that benefit from it."

    I really don't believe that MS purchasing companies and rolling their products it into their OS makes it any better for the consumers. In fact, I find that updates to software by smaller companies comes often and usually w/o large upgrade fees. To upgrade software once it is rolled into the OS requires you to usually pay for another version and may take years. Sure, WMP9 came out but at the cost of a very harsh EULA that had consequences that outweighed its benefits.

    1. Re:What the EU did was perfect, fuck the DOJ. by kwoff · · Score: 1

      How does this send the message "WE WILL HUNT YOU DOWN"? Was Microsoft hiding?

    2. Re:What the EU did was perfect, fuck the DOJ. by Anonymous Coward · · Score: 5, Insightful

      The DOJ didn't do shit. They knew what was going on but had very shaky ground to stand on that would allow a fine of any magnitude (read we use too much Microsoft software and don't want to pay back this fine later).

    3. Re:What the EU did was perfect, fuck the DOJ. by FattMattP · · Score: 4, Insightful
      It seems like it sends a perfectly clear message. DO NOT FUCK UP OR WE WILL HUNT YOU DOWN. The fine wasn't all that steep for what MS can afford. It was another quick bump in the road. What it shows me is that the EU cannot be bought as easily as the US can.
      While I agree with your view, I think we should wait until the check clears before we all jump up and down with joy. Until Microsoft is done with appeals or paying for thier actions anything can happen.
      --
      Prevent email address forgery. Publish SPF records for y
    4. Re:What the EU did was perfect, fuck the DOJ. by mwood · · Score: 4, Interesting

      "Imposing antitrust liability on the basis of product enhancements and imposing 'code removal' remedies may produce unintended consequences," Pate said. "Sound antitrust policy must avoid chilling innovation and competition even by 'dominant' companies. A contrary approach risks protecting competitors, not competition, in ways that may ultimately harm innovation and the consumers that benefit from it."

      This is a very interesting quote, as it can be read two ways. I agree that we should avoid chilling innovation and competition even by 'dominant' companies, and Microsoft has been doing an excellent job of chilling innovation and competition by trying to lock everyone else out. It's time to put a stop to that.

    5. Re:What the EU did was perfect, fuck the DOJ. by garcia · · Score: 2, Insightful

      well see that's the difference... The DOJ didn't even bother to wait. They just slapped them and let it go at that. Then they had the nerve to complain that the EU was too harsh.

      At least the EU *said* that's what they were going to do. It's obvious that MS will fight the ruling and the article claimed it could be 2009 before that all closes up.

    6. Re:What the EU did was perfect, fuck the DOJ. by GoofyBoy · · Score: 2, Insightful

      Its just different negotiation tactics. Each party is seeing how far the other will go. The EU just played one card that the DoJ felt it didn't.

      EU was in negotiations before this announcement, and thats all it is, an announcement. Don't be fooled into taking it as a statement of fact/law.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    7. Re:What the EU did was perfect, fuck the DOJ. by the_2nd_coming · · Score: 1

      I guess you missed the part where the DOJ sites the fact that this will be bad for the industry and the register says "heck yeah it will, now many OSS projects will have to pay royalties on the APIs that are published"

      hmm, sounds unfortunat to me.

      --



      I am the Alpha and the Omega-3
    8. Re:What the EU did was perfect, fuck the DOJ. by Anonymous Coward · · Score: 0

      Sig of parent: Prevent email address forgery. Publish SPF records for your domain

      Don't publish SPF records - it breaks forwarding, adds overhead to mail processing and doesn't stop any spam.

      It is a club for people with simple email scenarios...

      If you don't want to have your pet, half-baked, make-it-up-as-we-go-along [did we say "Sender Preferred From" oops, we meant "Sender Policy Framework"; did we say "stop spam", oops we meant "prevent 'from' address forgery in certain cases"] project criticized, don't put it in your sig.

    9. Re:What the EU did was perfect, fuck the DOJ. by whathappenedtomonday · · Score: 1
      shaky ground to stand on that would allow a fine

      so they better do nothing and let M$ become even more powerful. great idea. that might also mean that the laws aren't much good. read We'll have to pay if we fine them, so let's rather not. Better let them grow until they take over the world. We could try and improve legislation, but we're too busy kissing asses.

      --
      I hope I didn't brain my damage.
    10. Re:What the EU did was perfect, fuck the DOJ. by tiger99 · · Score: 2, Interesting
      True enough, and I hope that their ability to charge money for the APIs is overturned during the appeal process. I don't know if the EU are able to multiply the fine by 10 or even better, 100, on appeal. Really, the only way forward as far as the world at large is concerned is to break M$ and Sir Bill completely, or they will continue to behave as before.

      They have lost virtually every case brought against them (STAC, DRDOS,.....) (OK some were settled out of court because they were clearly losing) yet not once have they paid the slightest attention to any court ruling. They have simply continued expanding their Criminal Monopoly at every opportunity.

      Frankly, nothing will do any good unless it involves a prison sentence for their top directors. In countries which make decent attempts to regulate rogue companies, that would have happened long ago. The US needs to get some decent laws, not an indecent excess of lawyers, and the EU needs to swiftly enforce what it does have the power to do. Swift justice is the only thing that scumbags, and ego-maniacs understand.

    11. Re:What the EU did was perfect, fuck the DOJ. by Anonymous Coward · · Score: 0

      Frankly, if I were MS, I'd be ecstatic. RealPlayer and Quicktime were proving hard to dislodge, and now I can explain Windows Media Player's not-overwhelming success to investment houses as EU interference. At the same time, I get to cut Samba off at the knees.

      What it shows me is that the EU cannot be bought as easily as the US can.

      What it shows to me is that the EU can be bought for no more than 500 million, which isn't " all that steep for what MS can afford."

    12. Re:What the EU did was perfect, fuck the DOJ. by Anonymous Coward · · Score: 0

      Strikes me the only bit of innovating M$ has EVER done is creating something so full of bugs that if you fart in it's pressence it falls over and goes BSOD innovation my aunt fanny real innovation would be like chopping M$ into very small disconnected little tribes an never lettin them communicate in any way at all oh an also canning windBlows sorry to be so anti but the though of windBlows makes me wanna puke ..

    13. Re:What the EU did was perfect, fuck the DOJ. by Anonymous Coward · · Score: 0

      Frankly, nothing will do any good unless it involves a prison sentence for their top directors. In countries which make decent attempts to regulate rogue companies, that would have happened long ago.

      Microsoft self evidently feels they are above the law. They have even gone as far as to pick a fight with Israel! Though that country is more likely to bomb poor Arabs than American gangsters.

    14. Re:What the EU did was perfect, fuck the DOJ. by BuckaBooBob · · Score: 1

      Alot of the moneys MS has "Extorted" from the general and busniess public should be used to fund competitive products... I don't think that this 600 million + fine imposed on MS will do much at all to MS as far as punishment.. But could you imagine if a few companies (say 3 at 200 million each) had that level of funding for R&D for a media player... Of course It would take a bit to manage the funds to make sure they were put to Real use instead of lining the pockets of CEO's ect that usually happeneds with large influxes of Cash into a company..

      MS would Really take notice if suddenly nearly a billion dollars (in fines they paid) wnet into its "Competitors" hands to be used wisely on developing competitve products to theirs.. (I am thinking Open source as this is where monies would be the most efficently spent...) This would be a real Punishment to MS and might effect change in the way they Do business..

      --
      Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
    15. Re:What the EU did was perfect, fuck the DOJ. by BuckaBooBob · · Score: 1

      I disagree... Funneling mony into competing products they they have yet squashed out of the market.. The only problem is regulating how they money is spent so that its actually spent on proper product development instead of lining the pockets of CEO's and "Marketing Guru's"... While marketing is of the upmost importance in a sucessful product marketing is of empty value after the money has been spent unless your in MS's shoes where you have obtained a massive market share from the investment in marketing..

      --
      Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
    16. Re:What the EU did was perfect, fuck the DOJ. by kwoff · · Score: 1

      What I was referring to was that the message "WE WILL HUNT YOU DOWN" implies them hunting Microsoft. Hunting. Searching for. I get annoyed by people repeating phrases that they think sound cool but don't apparently understand what they mean. But that's what people do, I guess. Maybe that's about all we do.

  3. It's the DOJs fault by Jahf · · Score: 5, Insightful

    Had the DOJ followed through on it's case properly earlier, I don't think that the EU ruling would have been so harsh. The EU felt they had to send a message that someone was going to stand up.

    Hell, if the DOJ had pursued real resolution there might not have been a case in the EU as Media Player might have been unbundled then.

    Media Player is not the biggest anti-competitive piece they have anyway.

    --
    It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
    1. Re:It's the DOJs fault by Anonymous Coward · · Score: 0

      absolutely.

      eu has to do the job of both entities. instead of 2 moderate/sensible rulings, we had doj idiots slap on the wrist, and eu's zealous lambast

    2. Re:It's the DOJs fault by deman1985 · · Score: 4, Insightful

      I agree. Although some of the points that the DOJ was making in their case against Microsoft seemed irrelevent, I was one of many people I knew who were looking forward to some kind of real penalty. Then, out of the blue, it was as if the case just disappeared and we never heard about it again.

      They were talking about breaking up the company into different divisions or separating products or imposing massive fines, and yet did any of these things really happen? It seems like the DOJ really failed in that regard, and I'm glad that somebody stood up and sent a wake up call to MS.

    3. Re:It's the DOJs fault by Anonymous Coward · · Score: 5, Insightful

      Bullshit -- The DOJ's resolution was a lot more "real" than the EU's. It was nothing dramatic or user-visible like a Breakup or removing Media Player, but it cut right to the heart of Microsoft's monopoly power -- their relationship with OEMs.

      For those that don't know, MS is now forbidden from playing price games with Windows. They absolutely can not threaten or cajole OEMs to do their evil bidding. And guess what -- OEMs are now shipping bare PCs and Linux PCs and RealPlayer and Sun Java and so on -- where there were scared to before. It's working

      The EU doesn't do jack shit to reign in MS -- it only costs them some money. Having a Windows with out Media Player is a retarded remedy -- 99% of OEMs will continue to ship the full version of Windows.

    4. Re:It's the DOJs fault by Ateryx · · Score: 2, Insightful
      Media Player is not the biggest anti-competitive piece they have anyway.

      Can someone please explain this further?
      I struggle to understand where "bully business practices" go to trying to create a monopoly. I'm sure I'm missing something, but half of me says if its Microsofts product, why should they have to support others? There _are_ other options. Isn't just not using Windows until Microsoft stops the said monopoly activities the "correct way" in capitialism to change a product if you don't like it? (See Adam Smith).

      This isn't flame, if you read closely, I actually am promoting the use of linux.

      --
      "The truth suffers from too much analysis"
    5. Re:It's the DOJs fault by Anonymous Coward · · Score: 0

      Are we in the obligation to get that question _everytime_ the topic occurs ?

    6. Re:It's the DOJs fault by chadm1967 · · Score: 0

      I agree! The EU did exactly what was needed. And our government stating that the ruling was "unfortunate" is, well, unfortunate.

      Let this be a lesson to MS, not every government can be bought.

    7. Re:It's the DOJs fault by GPLDAN · · Score: 4, Insightful

      The DOJ should STFU. WTF are they doing commenting on a ruling by the European Union? Does the US care what France has to say about the Martha Stewart trial?

      US companies are censored and fined all the time that do business in the EU. Read the Economist and you see all kinds of articles, one was about Coca-Cola and some fine on distribution. The DOJ didn't say anything about that.

      As another poster pointed out, if the DOJ had prosecuted their case CORRECTLY, and broken Microsoft up along O/S and application lines, none of this would be an issue. Microsoft will continue to blur the line between stuff that the O/S loads at startup via linked libs and shared objects, as long as they can get away with it. Pretty soon, we'll find out that Longhorn REQUIRES Media PLayer Player 9 to be installed AND be linked to all the major media types like .mpg and .avi, or the new "video help system" won't work.

    8. Re:It's the DOJs fault by Bull999999 · · Score: 1

      I second this post. Otherwise, no major OEMs would ever offer Linux preinstalled with their computers.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    9. Re:It's the DOJs fault by Jahf · · Score: 4, Insightful

      One was a key methodology change that affected Microsoft's channel business. The other was a public slap in the face that gives Big Business a wake-up call about MS's practices.

      Both were required to get the job done. The DOJ did one but not the other, the EU did the other in response.

      OEMs were only -part- of Microsoft's stranglehold. I was in Australia last year and Ireland this year to talk about competitive products to Microsoft (overseas Microsoft is just as reliant on direct sales as it is OEMs, OEMs are often much more regional outside of the states) and it was quite clear that people feel that the US government is in bed with MS because everything seemed to have gone away so quietly and MS is still exercising monopolistic attitudes with many groups because of it.

      Even though $613,000,000 may be only a couple of percent of what MS can afford, it is a public statement of injury and will have at least as much of an affect in the longterm as the OEM issue did.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
    10. Re:It's the DOJs fault by a_n_d_e_r_s · · Score: 2, Insightful

      Where in the verdict does it say that Microsoft has to support competitors ? Nowhere does it say that.

      What the verdicts says is that Micrsofts does not have the right to force competitors out of the market by making it impossible to change media player - now thay have to publish the interface so the competorits have the change to make mediaplayers that work seamlessly with MS Windows and ship a Windows without it so OEM can ship another companies media player.

      And yes you are trolling for Microsoft. Because this has been explaind' many a times on slashdot if you have been following this discussion.

      --
      Just saying it like it are.
    11. Re:It's the DOJs fault by chadm1967 · · Score: 0

      Wow! Couldn't have said it any better.......

    12. Re:It's the DOJs fault by Anonymous Coward · · Score: 0

      Obviously, the US settlement doesn't cover Australia . Neither does the EU's.

      I'm not claiming that Microsoft are nice guys all of a sudden -- just that they can't threaten to bankrupt their largest customers anymore.

    13. Re:It's the DOJs fault by AstroDrabb · · Score: 1

      The DOJ's resolution was all smoke and mirrors. It may have helped by allowing OEM's to ship no OS or Linux, etc, however, it still did nothing to stop the MS monopoly. The MS monopoly is much deeper then what OS an OEM can install. MS's monopooly power is in all the back room deals with a wink and a hand shake that give them control. A little email to Intel, AMD, HP, IBM, etc is all that is often needed for MS to get what they want.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    14. Re:It's the DOJs fault by Anonymous Coward · · Score: 0

      Geee... It all got dropped just around the time we got a Republican president. Got to take care of your own you know.

    15. Re:It's the DOJs fault by Fulcrum+of+Evil · · Score: 4, Interesting

      MS is now forbidden from playing price games with Windows. They absolutely can not threaten or cajole OEMs to do their evil bidding.

      Weren't they forbidden from doing that back in 1993? I must be getting old, because I could swear that this had already happened once before.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    16. Re:It's the DOJs fault by PainKilleR-CE · · Score: 2, Informative

      I agree. Although some of the points that the DOJ was making in their case against Microsoft seemed irrelevent, I was one of many people I knew who were looking forward to some kind of real penalty. Then, out of the blue, it was as if the case just disappeared and we never heard about it again.

      Many of the points were irrelevant, and when it went to appeals the points were thrown out because they had no relevance, or, at least, were not properly tied by the DoJ's lawyers to the case they were trying to make. The case "disappeared" because the judge that received the case after appeals forced all parties into long settlement talks.

      They were talking about breaking up the company into different divisions or separating products or imposing massive fines, and yet did any of these things really happen? It seems like the DOJ really failed in that regard, and I'm glad that somebody stood up and sent a wake up call to MS.

      The DoJ failed to make their case, and the judge that originally handled the case failed to follow proper procedure before putting forth his remedies. To say the least, the DoJ was lucky the appeals court didn't throw the whole case out, but instead chose to go through the transcripts, findings, and judgments, as well as the appeals and counters filed with the appeals court and decide where Microsoft had been found guilty without proper evidence and where there was enough evidence to uphold that finding of guilt. Then they threw out the original judge for his mishandling of the case and "appearance of bias" and remanded it to another judge to handle. By that time, the DoJ's case was full of holes like a block of swiss cheese, and the settlement they came to was probably better than they could've gotten if the judge had allowed them to restart the case (which took something like 5 years the first time around).

      All of the important filings are available online, and though it can be a dry read at times, the appeals court's findings especially can be very enlightening as to why the DoJ settled for the remedies they did.

      --
      -PainKilleR-[CE]
    17. Re:It's the DOJs fault by enjo13 · · Score: 1

      When a competitor brings out a product we usually take the time to look it over, make a few comments, and otherwise critique what they did well and did wrong. Sometimes we even give an opinion on it...

      I would certainly hope that the DOJ is taking the time to look at other rulings and ideas across the globe to examine their OWN opinions of right and wrong.

      In this case.. THEY feel that the ruling was wrong, and went on to explain why. I disagree, but I am glad that the DOJ has an opinion at least.

      --
      Turn s60 photos into awesome videos with mScrapbook for all S60 3rd edition phones!
    18. Re:It's the DOJs fault by nomadic · · Score: 1

      Are there any major OEMs who offer it now? Where the fact that it's linux has a noticeable effect on the price (i.e. it's $100 or so cheaper than the same system they sell with windows)?

    19. Re:It's the DOJs fault by Anonymous Coward · · Score: 0

      Its already like this, its called DirectShow.

    20. Re:It's the DOJs fault by Kphrak · · Score: 1

      Just because no one's listening doesn't mean the US shouldn't comment. France certainly comments whenever we execute a prisoner or drop bombs on a third-world country...not that anyone listens to them either. :)

      The US government has to comment to save face in front of MS, because MS 0wnz it through its deadly addiction to the crack-rock called MS Office. If you've ever worked at a .gov, you'd know that most IT people there physically cannot think of any solution other than a Microsoft solution. Most of them can't understand why anyone would want to release software for free. And they're not even politicians. Gates isn't even paying them off!

      Also, this wasn't the first, but it was the biggest EU antitrust fine in history (from what I hear). Some of the economy wonks in the government probably think that this is an attempt to get a leg up on the US software industry.

      It's idiotic, I know, but this explains some of what the government does.

      --

      There's no sig like this sig anywhere near this sig, so this must be the sig.
    21. Re:It's the DOJs fault by SillyNickName4me · · Score: 1

      One suggestion. If you are like many others from the USA and would want an end to US bashing, I very strongly suggest you leave your 'France' jokes at home.

    22. Re:It's the DOJs fault by Anonymous Coward · · Score: 0

      You ASSume that it's $100 cheaper to ship a system with Linux. It is not -- OEM Windows only costs $25 or so, and the Distro Vendor/Support Provider will no doubt get a similar kickback.

      And yes, HP offers Linux PCs, and yes they are cheaper than the Windows models.

    23. Re:It's the DOJs fault by Anonymous Coward · · Score: 0

      The difference is that now the Price Sheet and the licencing terms for Windows is published, and there's someone you can complain to if MS isn't behaving.

    24. Re:It's the DOJs fault by Ateryx · · Score: 1
      And yes you are trolling for Microsoft. Because this has been explaind' many a times on slashdot if you have been following this discussion

      If by this discussion you mean this thread, I posted with ~50 comments, and none related to my question. If you are refering to the MS EU suit in general--it is impossible that I have been busy and haven't been able to keep up? I got on slashdot after most of the initial MS US court suit stuff.
      Uninformed? Yes. Trolling? No.

      --
      "The truth suffers from too much analysis"
    25. Re:It's the DOJs fault by Bull999999 · · Score: 1

      Besides the answer by the AC, you can get OEM copy of XP home online for around $100, so I figure major OEMs can get them at a much lower price.

      In my case, I'm running Slackware on my desktop not because of the pricing, but I dislike MS' EULA and activation feature.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    26. Re:It's the DOJs fault by AstroDrabb · · Score: 2, Insightful
      It is much deeper. Look at software; you can go into any software store and get tons of applications for MS Windows, while you will find almost none for Mac and Linux. Read this article, it will give you a good idea of how MS throws their weight around to stop competition. The monopoly status of MS is not because of their size or dominance, but because of what they do to prevent competition and kill it off.
      Isn't just not using Windows until Microsoft stops the said monopoly activities the "correct way" in capitialism to change a product if you don't like it? (See Adam Smith).
      How can a consumer exercise thier free choice when MS does what ever it can to kill off competition and remove choice? I bet we would be all shocked if we found out about all the back room deals MS has made over the years. I find the best way to understand the MS situation is to change the product that MS makes. If MS made any other product, they would not have gotten away with what they have done. Imagine if MS made cars. You would not be allowed to look under the hood, the mechanical/electrical parts would all be undocumented, covered by patents and protected by some DMCA type law, you would be required to use MS gas at an MS gas station and have your car serviced by an MS technician who is only allowed to put MS made parts in. Along comes some other car company and MS doesn't allow any car dealer to sell MS cars if they sell cars by any other maker, even used car dealers have to sell only MS cars. The new cars are not allowed to use MS gas at the MS gas stations. Are you beginning to see the picture? This situation would never fly here in the USA, yet MS gets away with this and more.

      The DOJ did too little too late. MS has already done the damage. I also don't see how the EU's decision/fine will make any impact. The fine is chump change. The penalties are a joke. What API's will MS have to publish? What will be the fee to use them? I am sure it will be priced a little too high for any OSS project. Maybe the Linux community can get together and make paypal contributions to buy the specs? Maybe IBM/Novell/Redhat could buy them for some projects?
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    27. Re:It's the DOJs fault by Anonymous Coward · · Score: 0

      I agree. Although some of the points that the DOJ was making in their case against Microsoft seemed irrelevent, I was one of many people I knew who were looking forward to some kind of real penalty. Then, out of the blue, it was as if the case just disappeared and we never heard about it again.

      It wasn't exactly out of the blue. One of the first actions that the DOJ took when Bush was (ahem) elected was to basically drop everything to settle with MS.

      W's approach to regulating business is to not regulate at all, and certainly not to enfore existing rules.

    28. Re:It's the DOJs fault by Anonymous Coward · · Score: 0

      Media Player is not the biggest anti-competitive piece they have anyway.

      Amen, brother!

      At least you can *uninstall* WMP from your Windows installation. Where's the same option for IE? Where's the EU ruling for that?

      (No matter how 100% I use Mozilla, just having IE there keeps weird things happening. I want it out. And I have to use Windows for some work-related software.)

    29. Re:It's the DOJs fault by ttsalo · · Score: 1
      Can someone please explain this further?

      Simple. Microsoft bundles stuff like a media player and a browser in Windows - which means that they force anyone that buys Windows to buy Microsoft's media player and browser as well. They leverage their monopoly on one field (desktop OSs) to gain monopoly on other fields as well. This is illegal.

      Forcing Microsoft to sell the previously bundled products separately opens up the field for free competition, which results in cheaper and better products (or so the most common capitalist thinking goes).

      And if Microsoft tries to use their OS monopoly to subsidize the media player development and force competitors out of business, that would be a classic case of dumping, also illegal.

      --

      --
      If the road to hell is paved with good intentions, where does the road paved with evil intentions lead to?
    30. Re:It's the DOJs fault by Dragonshed · · Score: 1

      Why is this interesting? Where's the proof? Link? EH?

    31. Re:It's the DOJs fault by Jahf · · Score: 1

      HP announced Novell/SuSE desktop bundling the other day. IBM announced Novell/SuSE server bundling yesterday. Both have been doing RedHat for awhile. Sun, Microtel and Wal-Mart have started selling JDS on Wal-Mart.com.

      It may not be high visibility, but it's definitely there and on big name brands.

      --
      It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
    32. Re:It's the DOJs fault by Billly+Gates · · Score: 1
      IT did properly go through its case.

      Its that the Bush administration decided pro corporate agenda would be best in dealing with the situation. I forget the guys name but he was a DOJ official working under Ashcroft made a case to drop the MS lawsuit.

      In essence its the Bush administrations pro corporate agenda is what is running the DOJ today.

      They also support clear channel owning all the radio stations. Hmmm I wonder why?

    33. Re:It's the DOJs fault by Kphrak · · Score: 1

      I very strongly suggest you leave your 'France' jokes at home.

      Saying that the US doesn't care (except a few members of Amnesty International) when France complains about prisoner execution or attacking Iraq may have been said in a flippant way, but it's not a joke. It's the truth. The same goes for most other countries, but the parent poster mentioned France specifically.

      --

      There's no sig like this sig anywhere near this sig, so this must be the sig.
  4. The Wrong Message by Dark+Paladin · · Score: 5, Insightful

    Ah, yes, sending the wrong message about antitrust enforcement policies. Like, when someone is found guilty of anticompetitive behavior while a monopoly - actually enforcing a penalty so they don't do it again?

    Sorry - my bad, what was I thinking of.

    I am somewhat concerned with the EU's choice to allow MS to "license" the API's. From my perspective, those API's should be fully published with no license behind them. MS should not have to reveal the code behind how they work, but the API's should be publicly available, and any updates and changes to those API's (say, though a patch or service pack) should be immediatly updated.

    Just my $0.02. As always, it's just my opinion, and I could be wrong.

    1. Re:The Wrong Message by Tassach · · Score: 5, Informative
      Microsoft licensing the APIs is irrelvant to Samba -- all the samba work is based on specifications which were either released publicly or which were independently reverse-engineered.

      As long as Samba continues to base itself on untainted specifications, Microsoft can't do jack.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    2. Re:The Wrong Message by gl4ss · · Score: 1

      well, I'd imagine that they would deem ms not living up to the sanctions if ms just released them under some ridiculous licenses(which they are already available under) that would prevent them from being of any use.

      --
      world was created 5 seconds before this post as it is.
    3. Re:The Wrong Message by JimDabell · · Score: 3, Insightful

      Microsoft licensing the APIs is irrelvant to Samba -- all the samba work is based on specifications which were either released publicly or which were independently reverse-engineered.

      Says who? The Samba developers? If Samba gets a few new features in the next few years, what's to stop Microsoft accusing them from looking at the stuff that needs royalties, or looking at the leaked source code?

      Remember - Microsoft don't have to win in court to win overall - they just have to have enough of a case to tie the Samba guys up for years or bankrupt them with legal fees.

    4. Re:The Wrong Message by RAMMS+EIN · · Score: 2, Interesting

      ``I am somewhat concerned with the EU's choice to allow MS to "license" the API's.''

      Nothing wrong with that. They are MS's APIs, MS has every right to do anything they wish with them. If they decide to charge for specifications, it becomes that much harder for individuals and small companies to code to them, which gives open systems a competitive advantage. It's up to MicroSoft to make the best decission about it.

      --
      Please correct me if I got my facts wrong.
    5. Re:The Wrong Message by Anonymous Coward · · Score: 0

      As long as Samba continues to base itself on untainted specifications, Microsoft can't do jack.

      And MS has a history of sticking to specifications for the benefit of all right? ;)

      This is why I loathe the idea of OS projects that chase MS APIs, protocols, etc - that's playing right into MS hands to alter and leave the OS projects broken. The typical end users won't care that MS intentionally broke it, just that "it doesn't work" and go back to Windows.

    6. Re:The Wrong Message by uradu · · Score: 1

      > all the samba work is based on specifications which
      > were either released publicly or which were
      > independently reverse-engineered

      Thank you very much. Samba exists today no thanks to Microsoft in any particular fashion. Microsoft has never cared for the project anyway, they just didn't do much about it until now. All this whining that this means the death knell for Samba is just an utter load of crap, even if it comes from the horse's mouth.

    7. Re:The Wrong Message by maximilln · · Score: 1

      I also see this as a problem. Microsoft is considered anti-competive for withholding API specifications. The logical thing to do is to allow MS to charge for API specs?

      So to avoid monopoly, MS will spin off "Windows Media Player Corp." (like Mozilla and Netscape) and develop two trees of code. The API specs for the media player will be set to be prohibitively expensive. Windows Media Player Corp will qualify for some ridiculous cut rate price on the API spec due to preexisting intellectual property or some such bull. Windows Media Player Corp. will be owned primarily by shareholders who also own controlling shares in Microsoft.

      By allowing MS to charge for the API specs they will negate any competition by setting the price prohibitively high. By spinning off Windows Media Player Corp. they will be avoiding the "monopoly". By simple ownership MS will keep all the profit.

      This changes the MS monopoly system how??? If anything it illustrates the existence of a collaborative monopoly... commonly referred to by the ignorant fools as a conspiracy theory.

      --
      +++ATHZ 99:5:80
    8. Re:The Wrong Message by pandrijeczko · · Score: 5, Insightful
      If Samba gets a few new features in the next few years, what's to stop Microsoft accusing them from looking at the stuff that needs royalties, or looking at the leaked source code?

      What stops them is that MS has full access to the SAMBA source code under the Open Source license just like the rest of us. If there was any hint of the MS leaked code in SAMBA, nothing would give MS greater pleasure than to come down hard on the SAMBA team.

      Give Jeremy Allinson a little more intelligence than that, please!

      --
      Gentoo Linux - another day, another USE flag.
    9. Re:The Wrong Message by vidarh · · Score: 1
      Microsoft could do that today if they wanted to, but they know perfectly well that a judge would look VERY unkindly on a large corporate suing people without a shred of evidence to maintain their monopoly, and they know perfectly well that suing any of these people would cause legal funds to be up the same day to pay for their defences.

      As long as the Samba people are careful to document the development process of any new features they would be in the clear.

    10. Re:The Wrong Message by ameoba · · Score: 2, Interesting

      Samba has fsck all to do with MSFT APIs. An API is the definition of how a program interfaces with the OS or libraries. Samba implements a protocol, a standard for information exchange between systems.

      This is why what MSFT does to its APIs doesn't matter, it has nothing to do with reverse engineering, it's just that they're two completely different things.

      --
      my sig's at the bottom of the page.
    11. Re:The Wrong Message by k_head · · Score: 1

      Anybody who thinks that this punishment is real or will discourage MS needs to lay down the crack pipe and check out their stock price.

      Since the announcement of the punishment the stock has gone UP!. The investors think this is a good thing for MS.

      --
      The best way to support the US war effort is to continue buying American products.
    12. Re:The Wrong Message by Grishnakh · · Score: 1

      Someone correct me if I'm wrong, but aren't the Samba developers located in countries other than the US? If so, the ol' kill-them-with-legal-fees approach probably won't work, because in places like Europe, this is frowned upon, and the loser is forced to pay for all the costs of a trial. In more intelligently-run countries, people aren't forced to pay to defend themselves against baseless lawsuits as they are here in the US.

    13. Re:The Wrong Message by civilizedINTENSITY · · Score: 1

      But if you can charge royalties for *using* the API, does it matter if its a cleanroom reverse engineering of the API? Wouldn't the royalty charges still apply?

    14. Re:The Wrong Message by SillyNickName4me · · Score: 1

      Well, even for those who managed to officialy license their code (IBM with Windows 3.1 and the win32s implementation) MS tries to consiously screw things up. How?

      As soon as you have a workign implementation of their current version of the API (fully legal and based on contracts with MS) they change the API spec.

      They have played this game a decade ago with OS/2, and will play it again when needed.

    15. Re:The Wrong Message by Anonymous Coward · · Score: 0

      Just how exactly could MSFT charge for USE of an API? Makes no sense. They have copyright on the code and the interface, sure, and they could charge for access to the API documentation... but that's the limit.

      Once you have access to the API (or indeed, even if you don't have access) and you write your own code, you're in the clear.

    16. Re:The Wrong Message by mangu · · Score: 1
      what's to stop Microsoft accusing them from looking at the stuff that needs royalties, or looking at the leaked source code?


      The fact that trade secrets aren't protected by law. If you want to get protection for your ideas under the law, then you must patent and disclose your secrets. The system is designed like that to make sure that new inventions are available to the community after the patent expires.

    17. Re:The Wrong Message by kcbrown · · Score: 2, Insightful
      What stops them is that MS has full access to the SAMBA source code under the Open Source license just like the rest of us. If there was any hint of the MS leaked code in SAMBA, nothing would give MS greater pleasure than to come down hard on the SAMBA team.

      Microsoft doesn't have to be correct in their accusation in order to bankrupt the Samba guys -- they can willfully make false accusations in court against the Samba guys and bankrupt them. Certainly the Samba guys will be ordered to stop development while the trial is taking place, something which would take years. And with the way the U.S. judicial system works, the Samba guys would have to spend more money (after they're broke) on a countersuit in order to recover damages.

      Microsoft has so much money that they don't have to care what the judicial branch says. They've proven this countless times already. Why can't you people understand this?

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    18. Re:The Wrong Message by Alphanos · · Score: 2, Insightful
      Parent Post rewrite:

      If Linux gets a few new features in the next few years, what's to stop SCO accusing them from looking at the stuff that needs royalties, or looking at the leaked source code?

      What stops them is that SCO has full access to the Linux source code under the Open Source license just like the rest of us. If there was any hint of the SCO leaked code in Linux, nothing would give SCO greater pleasure than to come down hard on the Linux team.

      Give the kernel developers a little more intelligence than that, please!

      The point is that the it doesn't matter whether or not the SAMBA team looks at these published API specs/leaked code files or not. Microsoft can lie.

      --
      Alphanos
  5. Too hard? by Omni+Magnus · · Score: 5, Interesting

    I don't think fining a business with 40 billion in the bank 500 million is harsh. I think the DoJ wanted them to get a slap on the wrist like always.

    1. Re:Too hard? by southpolesammy · · Score: 2, Interesting

      This may seem like a dumb question...but what would happen if Microsoft just "didn't pay" the fine? That is, they ignore the EU's decision altogether.

      Then what happens?

      --
      Rule #1 -- Politics always trumps technology.
    2. Re:Too hard? by smsp · · Score: 0

      Yes, it's just that they don't have it "in the bank." I'm pretty sure they can't use even half of that in so little time.

    3. Re:Too hard? by lpp · · Score: 4, Interesting

      I imagine any corporate assets within reach of the executive powers of the EU (i.e. whatever body is in place to enforce such rulings as the EU just made) could be seized in order to compensate for the fine.

      Likewise, any officers of the company's European branches could possibly be prosecuted for failing to comply with the order of this body.

      As a final parting shot, if that didn't satisfy them, I suppose it is also possible that Microsoft would no longer be able to do business in the EU, but that would be a more diplomatic/political issue and given the federated nature of the EU, much less likely to succeed I would think as some nations might not want to anger Microsoft (or the US, for that matter) by locking them out.

      But IANAL, corporate, international or otherwise, so what do I know?

    4. Re:Too hard? by The_K4 · · Score: 1

      They can't sell windows in the EU anymore, so ALL computers sold in the EU would have to be MS free.

    5. Re:Too hard? by Anonymous Coward · · Score: 2, Interesting
      This may seem like a dumb question...but what would happen if Microsoft just "didn't pay" the fine? That is, they ignore the EU's decision altogether.

      Even dumber one, what happens if they just stopping selling software in Europe ? Are they taking that big a chunk out of their sales ? Is losing 20% sales worth it to them to just stop shipping and not have to deal with EU ?
      I also agree with an earlier poster, wait untill the check clears before spending that money.

    6. Re:Too hard? by Anonymous Coward · · Score: 2, Funny

      " Yes, it's just that they don't have it "in the bank." "

      That would be your guess, and that guess would be wrong.

      Microsoft could raise $600M in one phone call in one hour.

      They're so liquid, Neptune goes to them for advice.

      They have so much money, Scrooge McDuck is jealous.

      You have no idea how wealthy MS is. You think its a bunch of little VB coders sitting in their cubes trying to code the next release of Windows.

      I assure you, Microsoft knows how to make money like its never been made before.

      The Cosa Nostra calls them for advice on how to make money.

    7. Re:Too hard? by Ogrez · · Score: 1

      You have to understand who holds the stick here... The EU can fine Microsoft, big deal, they have the money...

      If Microsoft decided to play their card, and just stop selling software to Europe, pull the support.. it would be a event that you would read about in history books 100 years from now. Instead of black tuesday in the US, it would be black tuesday, wednesday, thursday, and so on... it would put the EU back in the damn stoneage...and everyone knows it... so they slap Microsoft with a little fine, because its ALL THEY CAN DO!

      --


      Fire in the hands of the village idiot is no tool, but a weapon of mass destruction
    8. Re:Too hard? by Daniel+Dvorkin · · Score: 2, Funny

      The Cosa Nostra calls them for advice on how to make money.

      o/~ Woke up this morning, got myself a gun o/~

      "Bill, it's Tony. Listen, I got a problem."

      "You got a problem, huh? What problem?"

      "I'm not pulling in the dough like I used to, Bill. My guys -- they're not bringing it in any more, you know what I mean?"

      "Yeah, so what the fuck do you want me to do about it, Tony?"

      "Just thought you could maybe give me some advice, is all. You and Steve, I respect you guys. You always have some scam going. How do you do it?"

      "You think I'm going to tell you that, Tony? How I do it? Fuck you. No, you just keep on doing what I tell you, you got that? And oh yeah, this Mario Monti guy. Sounds like a Wop name. So I want you Wops to take care of him. Take care of him good, you know what I mean, Tony? And do it soon, you got that?"

      (quietly) "Um, yes sir, Mr. Gates. Thanks for your time."

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    9. Re:Too hard? by Anonymous Coward · · Score: 0

      Message to Microsoft: don't pay the fine!

    10. Re:Too hard? by GPLDAN · · Score: 1

      Well, I've seen many negative depictions of Gates. But never a racist. Bravo.

    11. Re:Too hard? by Endive4Ever · · Score: 1

      IBM did that very thing to India decades ago. India tried to nationalize IBM-India. IBM just pulled entirely out of the country. India has pretty much recovered from it, but it took quite awhile.

      I'm not sure the BBB (bloated Brussels bureaucrats) want that kind of egg on their faces.

      --
      ---
    12. Re:Too hard? by Anonymous Coward · · Score: 0

      I keep seeing this "What if MS stopped selling in Europe and can't believe anyone's so silly as to even think this.
      The EU market is bigger than the US. With the upcoming enlargement there will be approx double the number of people in the EU as in the US. Does anyone seriously think MS would cut themselves out of such a market !!!! REALITY CHECK PLEASE

    13. Re:Too hard? by 1010011010 · · Score: 1


      Not having MSFT products would "out the EU back in the damn stoneage?" Riiiight.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    14. Re:Too hard? by FuzzyBad-Mofo · · Score: 2, Insightful

      If MS refused to abide by the EU's ruling, then they wouldn't be able to sell their wares in EU countries anymore. This would lead to a temporary vacuum, which I predict would quickly be filled by Linux, Macintosh, and other competitors.

      In the end, this would lead to an even faster dissolution of MS's monopoly. But MS is too smart to just let go of 1/3 of the global IT market.

    15. Re:Too hard? by Daniel+Dvorkin · · Score: 2, Insightful

      Well, I've seen many negative depictions of Gates. But never a racist. Bravo.

      Oh, for Christ's sake, it was a joke.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    16. Re:Too hard? by pjt33 · · Score: 1

      I'm sure the EU will accept equivalent value in something like gold or stocks - although probably not Win98 licences.

    17. Re:Too hard? by maximilln · · Score: 1

      -----
      then they wouldn't be able to sell their wares in EU countries anymore
      -----
      I doubt that the EU is going to be able to enforce this ruling. Distributors and retailers are still going to sell MS product. The EU can't put Guidos on every shipping dock.

      Like the ruling about DVD copying. Best Buy still sells the DVD copying software.

      --
      +++ATHZ 99:5:80
    18. Re:Too hard? by Anonymous Coward · · Score: 0

      No, it would just freeze EU business in the Year 2004 for a decade or more, forcing them to rewrite a bunch of working systems. Meanwhile the rest of the world is moving forward. (It would be a great Jobs Program for programmers, however.)

      Just look at all those large corporations that have been unable to migrate off OS/2 even those it's been stagnant since 1995 or so.

    19. Re:Too hard? by Anonymous Coward · · Score: 0

      Yes, a bad stupid racist joke. Intended to amuse bad stupid racist people. I see its working.

    20. Re:Too hard? by thrills33ker · · Score: 1

      Try looking at a map sometime - the world is not just America and "some other little bits". Get a clue - the population of the EU member states totals 376 million making it a larger market than the USA.

      When Munich defected, Balmer flew over there personally to try and talk them out of it, as I recall. And thats just one city - do you think they are going to let (almost) a whole continent go and use something other than MS?

    21. Re:Too hard? by mormop · · Score: 1

      Simple. EU orders stores and distributors to pull MS products from shelves, tells MS to piss off and Mandrake, SuSE, Redhat and all hold the biggest fscking party you've ever seen.

      --
      Hmmmmmm..... Deep fried and look like Squirrel.
    22. Re:Too hard? by squiggleslash · · Score: 1
      If Microsoft decided to play their card, and just stop selling software to Europe, pull the support.. it would be a event that you would read about in history books 100 years from now. Instead of black tuesday in the US, it would be black tuesday, wednesday, thursday, and so on... it would put the EU back in the damn stoneage
      Are you on crack?

      If Microsoft pulls Windows, EU businesses reliant on Windows will continue to run Windows XP, 98, 95, Me, NT, and 2000 on their existing machines. Software houses will port their stuff to GNU/Linux, probably via WINE, and as that software becomes widely available, EU businesses will migrate.

      As most people using Windows have nothing more than a web browser, Exchange/Outlook, and MS Office installed, it's fair to say most businesses aren't even reliant on Windows. They could migrate off it in the same amount of time, with the same degree of smoothness, as they would move from XP to Longhorn.

      To be honest, I think most EU businesses would end up better off, as the platforms they'd migrate to would be royalty free and self-supportable. If you consider that "the stone age", then you need to stop putting those stones in your crack pipe.

      --
      You are not alone. This is not normal. None of this is normal.
    23. Re:Too hard? by squiggleslash · · Score: 1
      Yes, a bad stupid racist joke. Intended to amuse bad stupid racist people. I see its working.
      Sorry, what was racist about the joke? The characters were racist perhaps, but that was one of the objects of ridicule. The original stereotypes that the poster was spoofing are arguably racist, though tell that to Puza, Coppola, and the producers of this who were clearly influenced by their works. But the joke itself doesn't strike me as being racist by itself. It might have been had it not been a spoof, but it clearly was.

      You need to get out more.

      --
      You are not alone. This is not normal. None of this is normal.
    24. Re:Too hard? by Nurseman · · Score: 1
      Try looking at a map sometime - the world is not just America and "some other little bits". Get a clue [admin.ch] - the population of the EU member states totals 376 million making it a larger market than the USA.

      I think the original poster was trying to say at what point does it become more trouble than it's worth for Microsoft ? I know EU is huge, bigger than US Markets, and Asia is another huge market. I think MS is getting to the point they may just pull back from any market that is too stringent. There is a computer maker (Dell ?) that wont ship overseas beacause of credit card fraud. I am sure they are losing out of a big market, but it probably is not worth the effort for them.

      --
      Save a Life. Donate Blood. Please.
  6. Register overreacting a bit by 0x0d0a · · Score: 4, Informative

    The decision states that "to the extent that any of this interface information might be protected by intellectual property in the European Economic Area, Microsoft would be entitled to reasonable remuneration".

    Interfaces and formats aren't protected, which is why WINE and Samba can and have been using them for years. I remember Microsoft getting in a tiff over WINE using the same header files, but backed down.

    This doesn't seem to grant anything to Microsoft that they didn't already have. No biggie.

    1. Re:Register overreacting a bit by janoc · · Score: 5, Insightful

      In fact, it does - what if MS files patents on the CIFS APIs ? Samba has no means how to license those, and even though, theoretically, the API is "open", it is not, in fact. And Microsoft is filling patents one after another these days. This is exactly what Register tries to point out and you have missed. Regards, Jan

    2. Re:Register overreacting a bit by alexborges · · Score: 1

      Yes... this is very insightfull as well... I mean, international copyright LAW and principles would also still apply regardless of the Euros messing up in the decition as Fair Use is the de-facto right of users, ergo, api and headers ok.

      --
      NO SIG
    3. Re:Register overreacting a bit by mwood · · Score: 1

      Samba *does not use Microsoft's APIs*. It does not call Net$whatever() and the like. It's an independent implementation of the same specifications (to the extent that the *real* specifications can be divined). That has nothing to do with a specific collection of functions and their parameter lists.

    4. Re:Register overreacting a bit by ignavusincognitus · · Score: 1

      Why hadn't they done it previously? I'm not seeing how the EU decision changes anything in this respect. If MS had the will and means to stop SAMBA before, they'd have tried it already.

    5. Re:Register overreacting a bit by ignavusincognitus · · Score: 1
      Here's what will happen. Some company will buy the specification from Microsoft and will make a linux implementation for CIFS. RedHat and SuSe will buy licenses to it and bundle it in their enterprise editions.

      SAMBA will continue to work as they do now, and lots of people will use them for small and cheap workgroup servers. At most, they'll need to move their servers out of the EU but I doubt even that will be necessary. If MS wanted and could take them to court they would have done that already.

    6. Re:Register overreacting a bit by Talthane · · Score: 3, Interesting

      That'd be a neat trick, since software isn't patentable in the EU (not yet anyway). And Microsoft has been able to file patents in the US for years on CIFS, so this case makes not one iota of difference to the situation either way - same as it's always been.

      Also, IBM, Sun and Apple would likely all cry foul simultaneously, and they have much more clout than Samba itself in such matters.

      --
      "This is why men never share their feelings; because women always remember." -Just Shoot Me.
    7. Re:Register overreacting a bit by finkployd · · Score: 2, Interesting

      Since when does Samba call windows APIs?

      Finkployd

    8. Re:Register overreacting a bit by 0x0d0a · · Score: 4, Informative

      Okay, of the types of IP there are (at least in the US -- I don't know European law, unfortunately):

      * Patent law. This is probably Microsoft's best bet, but it's terribly thin. You patent a process, a way of doing something. Even software/algorithm patents get a lot of criticism, though they're still a process. An API is static. There are not changes involved, nothing to patent.

      * Trademark law. Well, Microsoft *might* requre people not to call their "DirectX" implementation "DirectX", but they can't go any further than that.

      * Copyright. You may be able to copyright the specific representation of the API that you put out -- but you can't copyright a list of facts (like what values need to be passed to what functions) -- just the presentation. If someone types up their own API docs/headers, they're in the clear.

      * Trade Secret. Won't work. Microsoft already tried doing exactly this with the Kerberos-in-CIFS attempt earlier -- trade secrets need to be *secrets*. They can't be published and handed out and still recieve trade secret status. If the EU forces Microsoft to publish their APIs, Microsoft automatically loses all trade secret protection on those APIs that they might potentially have had. (There are other reasons this might not work, like reverse engineering IP exemptions, but I believe that this is enough to blow away their protection already).

    9. Re:Register overreacting a bit by MadJo · · Score: 1

      thank god, software patents aren't yet enforcable in the EU...

    10. Re:Register overreacting a bit by vidarh · · Score: 1

      First of all, you can't patent API's. Secondly the way CIFS works has been open and well documented way too long for MS to be able to patent it anywhere (typically the requirement is that a patent must be filed no later than a year after the publication of an invention).

    11. Re:Register overreacting a bit by antientropic · · Score: 1

      what if MS files patents on the CIFS APIs ?

      If Microsoft patents APIs, file formats, or network protocols, and you reverse engineer them and use that knowledge in your products, you are infringing on the patents in any case. The EU's decision doesn't change anything in that respect. Remember, patents are not copyrights - if you invent something completely on your own, then if someone else has a patent on it, you are still infringing. If Microsoft has patents on the SMB protocol, they could already go after the Samba team, which as far as I know they haven't done.

      Besides, such patents are currently pretty much unenforcable in the EU anyway.

    12. Re:Register overreacting a bit by Jeremy+Allison+-+Sam · · Score: 2, Informative

      Andrew confused API's with protocols. Otherwise the article is correct.

      Jeremy.

    13. Re:Register overreacting a bit by Dr+Bluetonic · · Score: 1

      I think the idea is that if Microsoft had decided to use their own patented encryption to encrypt packets (for example), then because they have a patent on the encyrption (for example) which is incuded in their specification that the EU is making them disclose, they would be entitled to renumeration for the subsequent use by others of their patents. I think the reason the EU put that sentence in is to styme MS's subsequent legal trickery. If the EU said, "you have to tell everyone in the EU how to make things work with your stuff, oh and by the way all your patents are rubished too" it would be easier to throw out. But by saying "You have to tell everyone in the EU how to make things work with your stuff. Oh, and if you have used things on which you have patents you are entitled to _fair_ payment for other people using your patents" it will be harder for MS to claim it's unfair... basically the EU competition people don't want their remediation being thrown out just because they stepped on the EU patent people's toes

    14. Re:Register overreacting a bit by finkployd · · Score: 1

      So I can see then how this could be a problem, but isn't the burden of proof still on them to prove that you saw their protocol in an improper way (vs reverse engineering it)?

      Or is the more insidious than I am thinking, meaning that reverse engineering it will be now illegal because it is licensed?

      Either way, Palladium's remote attestation scares me more when it comes to Samba...

      Finkployd

    15. Re:Register overreacting a bit by Halo1 · · Score: 2, Informative
      * Patent law. This is probably Microsoft's best bet, but it's terribly thin. You patent a process, a way of doing something. Even software/algorithm patents get a lot of criticism, though they're still a process. An API is static. There are not changes involved, nothing to patent.
      The API should indeed be irrelevant as far as patent law is concerned, but that doesn't matter. All they have to do is include a patented (e.g. encryption) algorithm in their communications protocol, and you're hosed. Because of this, you can patent any protocol and file format (just require some patented algorithm to read it). If software patents are legalised in Europe, that is.

      Which they hopefully won't, and to accomplish that, I would urge everyone who can to join us in a demonstration in Brussels (press release) on 14th April, as well as to participate in another online demonstration like last September whereby websites go on strike.

      Preparations are still in progress, hopefully we'll be with more info soon on slashdot's front page :)

      --
      Donate free food here
    16. Re:Register overreacting a bit by plugger · · Score: 1

      What if they use a completely open protocol including the encryption algorithm, but embed encryption keys into a TCPA enabled system, ostensibly to ensure that documents are only received by approved applications? Could they then invoke the DMCA to explicitely forbid other applications from interoperating (in the US) by cracking the key?

    17. Re:Register overreacting a bit by Halo1 · · Score: 1

      Certainly. FWIW, we have something like the DMCA in Europe as well (the EUCD). I don't know its details, however.

      --
      Donate free food here
  7. Even when MS looses it wins! by iplayfast · · Score: 4, Interesting

    It doesn't seem right to me that a royalty could be charged for using api's. The api's are there and can be used by any software. Isn't that the purpose of an OS? That is, to provide an interface layer between the programs and the hardware? The royalty is payed for by the consumer when they buy the OS.

    1. Re:Even when MS looses it wins! by deman1985 · · Score: 4, Interesting

      It sounds a lot like the royalties that game companies have to pay when writing code for consoles (or at least they used to). If Microsoft even starts to contemplate charging royalties on every single program that people write and distribute for the operating system, I can bet we'll see one of the largest shifts to Linux development in history.

    2. Re:Even when MS looses it wins! by molarmass192 · · Score: 4, Insightful

      Huh? ... but the MS zealots made it very clear to me that "the purpose of an OS" was to provide a web browser and a media player. I had started thinking AIX wasn't an OS because it didn't bundle a browser and a media player.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    3. Re:Even when MS looses it wins! by Anonymous Coward · · Score: 1, Insightful

      Unfortuantely, Microsoft got this idea from GNU's ideas about intellectual property crossing API boundries -- that end-user programs would have to follow the GPL/LGPL or whatever just by dynamically linking to something.

      Microsoft used to insist that there was nothing they could do to stop a programmer from linking to their APIs. They only licenced redistribution. Unfortuntely now we are in a situation where a programmer is going to have to be very careful what OS sevices he/she uses becuse now they all come with IP traps. Bleck.

      Hopefully the copyright office will get invovled and destroy this Linking bullshit before it infests the entire industry.

    4. Re:Even when MS looses it wins! by lavalyn · · Score: 1

      In the same way that we can fight "reverse engineering" copyright infringement through clean-room implementation, a closed-source shop can clean-room implement, say, GNOME and all its libraries and programs. And then it would not be encumbered in the least.

      It's not about linking against an API.

      It's about linking against a GPLed library.

      --
      Doing the Right Thing should not be preempted by making a buck.
    5. Re:Even when MS looses it wins! by e-Motion · · Score: 1

      If Microsoft even starts to contemplate charging royalties on every single program that people write and distribute for the operating system, I can bet we'll see one of the largest shifts to Linux development in history.

      You're absolutely right. Unfortunately, this would only happen if Microsoft enlisted a team of chimpanzees to make its corporate decisions.

    6. Re:Even when MS looses it wins! by Anonymous Coward · · Score: 0

      and you wonder why USA is slipping in school when its output get basic words confused like
      lose
      loose

    7. Re:Even when MS looses it wins! by Anonymous Coward · · Score: 0

      loses

    8. Re:Even when MS looses it wins! by Endive4Ever · · Score: 1

      AIX bundles a browser.

      --
      ---
    9. Re:Even when MS looses it wins! by Anonymous Coward · · Score: 0

      Well, if you think this is a good idea rather than a perversity of copyright law, don't complain when Microsoft uses it to shut out competitors.

      You are claiming: GNU Emacs builds on Windows, therefore it's a derived work of Windows, therefore Microsoft has copyright control over it. This is ridiclous.

      The conventional view of the entire software industry is that a GPL library can not impose restrictions on the programmer, unless he/she redistributes the library.

    10. Re:Even when MS looses it wins! by cluckshot · · Score: 1

      Mod this guy up a lot! He gets it. If M$ locks stuff up more, they will drive people to Linux. It is that simple. The reality of M$ trying to hold on this way is best seen in the efforts in China and India. Giving them more control will wipe them out faster

      --
      Never Politically Correct ~ I prefer the facts If you don't like what I say, get a life, or comment yourself.
    11. Re:Even when MS looses it wins! by gbjbaanb · · Score: 1

      I think you only heard what you wanted to hear. No-one said that, especially in that context.

    12. Re:Even when MS looses it wins! by gglaze · · Score: 1

      agree with other poster - you heard what you wanted to hear, or are just making this up.

      in any case - you are missing an important distinction: in this simplistic mind of your hypothetical "ms zealot", he would have said "the purpose of a consumer OS". it's obvious that non-consumer OS's may not need to bundle browsers or media players, and it's also clear that this discussion has always been about the consumer desktop OS.

    13. Re:Even when MS looses it wins! by Soul-Burn666 · · Score: 1

      It will just mean small software companies won't be able to write programs for Windows, while the big corps could still pay these royalties and rule the software scene on Windows.

      --
      ^_^
    14. Re:Even when MS looses it wins! by Dr+Bluetonic · · Score: 1

      If I have a patent on compressing audio or video using a specific algorithm, then I should be entitled to royalties when people use my patent.

      That is what patents are about. And while I may find the need for them w.r.t. software somewhat questionable, currently the rules allow for some patents on some software algorithms

      Now suppose that an API requires that the audio data being passed to it is in my compressed audio format (the one on which I have a patent). The EU competition authority cannot say that I should not recieve royalties on people using my audio compression algorithm. They can even say I'm charging too much, they can decide that 0.0000001c per server is too much, but they cannot tell me to give it away for free (Without opening themselves up to a massive internal fight with the EU patent office)

      The thing sounds more like the EU covering their ass to prevent MS from throwing out the remediation in court

    15. Re:Even when MS looses it wins! by hyphz · · Score: 1

      Sure, but they won't.

      They'll arrange "developer agreements" with those who make a certain amount of money from their software or are companies of a certain size. Everyone else (ie, OS developers) has to pay the fee..

    16. Re:Even when MS looses it wins! by whathappenedtomonday · · Score: 1
      If Microsoft even starts to contemplate charging royalties on every single program that people write and distribute for the operating system, I can bet we'll see one of the largest shifts to Linux development in history.

      great! so let's hope they badly need those bucks and start charging real soon! :)

      seriosly, though: selling your software / IP instead of opening your sources is not a bad thing per se. I know most posters would rather disseize M$, when in fact it would be sufficient to just force them to at least play by the rules (hard enough already). the royalties you mention would certainly speed up the shift towards Linux a lot, but even without those unlikely royalties, Linux will definitely rise, M$ decline even further. from all the end user complaints we've heard, and counting all the M$-related worm/virus/vulnerability/spam hassles, and money it costs, this process can only go faster, but it can't be stopped or reversed. or so I think. I guess.

      --
      I hope I didn't brain my damage.
    17. Re:Even when MS looses it wins! by |DeN|niS · · Score: 1
      Now suppose that an API requires that the audio data being passed to it is in my compressed audio format (the one on which I have a patent). The EU competition authority cannot say that I should not recieve royalties on people using my audio compression algorithm. They can even say I'm charging too much, they can decide that 0.0000001c per server is too much, but they cannot tell me to give it away for free (Without opening themselves up to a massive internal fight with the EU patent office)



      Which is why the EU patent law says that if using the patent is necessary for interoperability, tough bananas for you. Add an Ogg Vorbis interface so people dont HAVE to license your patent just to interoperate.

    18. Re:Even when MS looses it wins! by plugger · · Score: 1

      it's also clear that this discussion has always been about the consumer desktop OS.

      No, the case is about MS leveraging their dominance desktop systems to lock out competing content servers.

    19. Re:Even when MS looses it wins! by Dr+Bluetonic · · Score: 1

      I think you missed my point.

      The point is that MS are not interested in everyone else, so they'll be happy to have everyone required to use their patent...

      They'll even be quite happy to have everyone pay reasonable and non-discribatory terms...

      After all such terms could well stop Samba!!!

      We (the consumers) are quite free to demand an Ogg Vorbis interface from MS, just as MS are quite free to refuse to provide us with one and only provide WMA interfaces...

      Much like if you don't like a law, you can campaign to have it changed... if the campaining gets you nowhere, buy a boat and sail out to international waters and declare your own corporate state... there you can write your own rules all you like... (oh are you complaining about inconvieniences? worried about having to have your own security? that's what happens when you throw out everything just because you don't like something)

    20. Re:Even when MS looses it wins! by gglaze · · Score: 1

      "locking out content servers"???

      Where did you get that idea? The (EU) case in particular is about software companies who build media players, such as Real. However, I was referring to the overall discussion of Microsoft vis-a-vis antitrust (not just this particular case), which is what the parent comment appeared to be directed towards.

      In any case, it doesn't change the point - we are talking about "dominant [consumer] desktop systems", as opposed to say, the server OS, or some other type of OS where media player is not a naturally bundled-in product. In this area (consumer desktop OS), if you still believe it is not important or relevant for the product (a consumer desktop OS) to come with a media player, you are living in the stone ages.

  8. Scarey stuff by Doesn't_Comment_Code · · Score: 0

    Sounds like a mob boss doesn't it?

    Sort of ominous, but not so threatening as to be considered out and out illegal.

    --

    Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    1. Re:Scarey stuff by mingot · · Score: 1

      Look, they're going to get that money back from somewhere. And the cost of the army of lawyers who have been working on this thing, until now. If they can find an underhanded way to take it out of their competetors ass, more power to them. Perhaps instead of the MS which has pretty much let anyone who felt like it run roughshod over their IP they'll start collecting, starting with media related patents. My guy is that Apple has enough reciprocal patents to come out unscathed, but if Real is infringing... Woe to them, they'll be taking it up the ass without the benifit of any lubrication.

  9. The wrong message? by carcosa30 · · Score: 5, Insightful

    Yeah, it may send the "wrong" message about trust enforcement priorities.

    Their job is to enforce antitrust legislation. To the extent that they have not enforced it upon Microsoft (and numerous other conglomerates) they are not doing their job and are guilty of dereliction of duty.

    Are they worried this "wrong message" might get people thinking about what should be done to aggressive monopolies, and get people talking about the fact that pork and kickbacks are now driving policy in the US under the current administration?

    A fine that large ain't hay, even for the $loth.

    --
    Intolerance for ambiguity is the mark of the authoritarian personality.
    1. Re:The wrong message? by Doesn't_Comment_Code · · Score: 4, Insightful

      pork and kickbacks are now driving policy in the US under the current administration

      This has been a problem for quite some time, with administrations and legislators alike - any elected official really. Even if you don't like Bush, you can't saddle all this on him. This is a large problem, and has been for a while.

      The worst part of it is it's self-supportive nature. Those who oppose this unscrupulous model have a much harder time being elected because they don't get money. That's the problem. But it is very difficult to fix due to freedoms guaranteed in the constitution.

      --

      Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    2. Re:The wrong message? by microbox · · Score: 1

      they are not doing their job and are guilty of dereliction of duty

      In theory is it possible to go after the DOJ for not doing their job? Are the courts of the US (or anywhere) answerable to anyone?

      Another thing I don't understand is, how was the Bush government able to force a settlement between the DOJ and M$? Isn't there a division of powers? I'm not sure that the Australian government would be able to force the courts to do anything.

      --

      Like all pain, suffering is a signal that something isn't right
    3. Re:The wrong message? by k_head · · Score: 0, Troll

      OTOH Bush has collected more bribes er I mean donations then anybody else in history.

      --
      The best way to support the US war effort is to continue buying American products.
    4. Re:The wrong message? by Endive4Ever · · Score: 1

      The DOJ is a branch of the Executive wing of government. IOW: the DOJ is the President's organization. It's not part of the judicial or legislative branch.

      Hadn't you noticed? The atrocities (i.e. Waco) and adventures of the Clinton-era DOJ came about because that was a liberal gig. Which changed when Bush came into office.

      (If the tree had been elected instead things would have just rolled on the way they were. We probably would have surrendered all plans for that jet the Chinese forced down, etc. etc. McDonalds would now be a Chinese company. And we'd all be struggling to get the Windows 95 port to DR-DOS working, which would be the most 'innovative' thing Microsoft would be allowed to produce)

      --
      ---
    5. Re:The wrong message? by clem · · Score: 1
      I think the confusion here is the implication that the DOJ is a part of the Judicial branch of government. It's not the same thing as the courts. In fact, it's the strong arm of the Executive branch, the one that brings cases to the courts on behalf of the Attorney General.

      The Attorney General, in turn, answers to the President. So it's through this chain of command that legal action is brought against parties by the government. But if the AG decides against bringing legal action -- or dropping legal action -- that's his discretion. If this is done abusively, it's ultimately the President's job to bonk him on the head for it.

      So, to answer your question, by appointing Ashcroft to head the DOJ, Bush is deemed responsible for the settlement with Microsoft.

      --
      Your courageous and selfless spelling corrections have made me a better person.
    6. Re:The wrong message? by Abcd1234 · · Score: 1

      What do freedoms have to do with it? It really is fairly simple: cap campaign finance contributions. Of course, you can't stop "soft money" expenditures by companies (as that really is an encroachment on freedom of speech), but at least you can limit the amount of funds outright "contributed" to election campaigns.

      Of course, the real reason this problem is difficult to fix is that the elected officials don't *want* to cap financial contributions, so it'll never actually happen, even if it is the will of the people.

    7. Re:The wrong message? by Doesn't_Comment_Code · · Score: 3, Informative

      What do freedoms have to do with it? It really is fairly simple: cap campaign finance contributions.

      To my understanding, campaign contributions are already capped. An individual can only give a certain amount, and an organization can only give a certain amount.

      Soft money IS the problem. That is where the freedoms come in. The courts consider using your money to influence a campaign freedom of speech. So groups of businesses and labor unions spend money for their own commercials and such, effectively donating money without it technically changing hands. The soft money contributions make up a HUGE percentage of all the money spent during an election. And that's where most of the corruption starts.

      --

      Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    8. Re:The wrong message? by Anonymous Coward · · Score: 0

      Yes but unfortunately the current crop of ultra conservative have made it the way things are done. Up until GW it was not considered a good thing, now politicians use their graft as badges of honor. It is one of the things that has made us the laughing stock of the world. It is also one of the things that gives the world the impression that we are nothing but a bunch of amoral crooks (and subsequently pisses them off). These are our representatives, they represent us. People look at them and judge you and me by the people we have elected to represent us. Get it? I didnt think so.

      The first thing we have to do is allow congresscritters and senators to pay their staffs with tax money. Corps spent most of the 70's trying to force politicians to pay their staffs with their own money (think abscam) so that they could buy our politicians easier. It is time we take this power that corps have over our reps away.

    9. Re:The wrong message? by kabocox · · Score: 1

      I'm surprised that they aren't going after businesses just for the money. I thought after the Tobacco Settlement that we'd have the government go after just about every industry that it could. I thought the Tobacoo Settlement was just wrong. How the money was moved around to pet projects was worse, but why can't some good things come from bad projects?

    10. Re:The wrong message? by Anonymous Coward · · Score: 0

      These freedoms aren't guaranteed in the constitution, the constitution is interpreted to guarantee these "freedoms." The ruling is that spending money to influence an election is exercising free speech. But free speech is only important as a means of guaranteeing the "one citizen, one vote" principle of a democracy. If the government can stifle some opinions, those citizens holding those opinions have less say than those holding approved opinions.

      Clearly, though, spending money to sway others' opinions is also a violation of the "one citizen, one vote" princple. Some people have plenty of money to spend to sway opinion, though they have done nothing to deserve it (Paris Hilton) or accumulated it through illegal means (Bill Gates), while plenty of hard-working ethical people don't have enough money to spend on basic needs, much less influencing the political process. Clearly, the Supreme Court needs to rule that spending any money to sway public opinion on political issues is a violation of the principle or the 14th admendment.

    11. Re:The wrong message? by Anonymous Coward · · Score: 0

      Great majority of it came in $2000 or less asswipe.

    12. Re:The wrong message? by Anonymous Coward · · Score: 0

      Oh I see.. so when the Democrats get money from people it's "campaign contributions", but when Bush gets money the exact same way it's "bribes".

      Cute. And entirely retarded.

    13. Re:The wrong message? by Brandybuck · · Score: 2, Insightful

      And the next president will collect even more. And then the one after that. Forever and ever, amen. If Gore had been elected, then HE would have been the one which " collected more bribes er I mean donations then anybody else in history".

      --
      Don't blame me, I didn't vote for either of them!
    14. Re:The wrong message? by 10101001+10101001 · · Score: 1

      Of course, you can't stop "soft money" expenditures by companies (as that really is an encroachment on freedom of speech)

      Companies and corporations aren't people. Corporations are only "people" to the extent of limited liability. The Constitution protects the right of a company president, acting as a person, to give money to someone else.

      There's nothing in the Constitution that'd stop there being a law blocking companies (ie, people acting as something other than people (like a large company)) from donating soft money. And there's nothing stopping an owner of a company paying himself a large sum of money from a company and donating to politicians (beyond, of course, whatever happens now as punishment for giving away lots of money). Do realize, though, that such legal transfers mean more taxes (paying yourself == income tax) which would minorly decrease the resulting soft money received by a small percent. Then we'd get to find out the legality of forcing people to contribute money they get in their pay check towards political groups (or do you really think they'd gives a single CEO a couple million dollars which he's "encouraged" to hand over to some lobbying group?).

      --
      Eurohacker European paranoia, gun rights, and h
  10. The summary is right by Anonymous Coward · · Score: 0

    It's not about the fine. That's chump change, especially now that they probably don't have to pay the Eolas fees. They gained a huge huge advantage by being able to collect royalties. It'll be very easy to lock-out open source now.

  11. Be careful what you wish for by Anonymous Coward · · Score: 2, Insightful

    From the beginning of time, those on top have worked hard and sometimes unfairly to protect their position. Despite all Microsoft's attempts Linux is gaining traction. Why do the movement's followers run towards to government to protect them when they are already finding a place in a free market? End the end you will end up regretting your deal with the government devil.

    1. Re:Be careful what you wish for by Anonymous Coward · · Score: 0

      Nonsense. Just look at Sun and Netscape.

      Oh wait...

  12. cry me a river by happyfrogcow · · Score: 1

    FFS, get out of Microsoft's pocket, Mr. U.S. Government. Get out of all corporate pockets. Neither the government nor corporations are held accountable for anything these days.

    1. Re:cry me a river by Anonymous Coward · · Score: 0
      FFS, get out of Microsoft's pocket, Mr. U.S. Government. Get out of all corporate pockets.

      Your statement doesn't parse cleanly, but I'm guessing that you want FFS (Forderung Freier Software?) to stop taking money from MS, and the government to stop taking money from corperations?

      The first part I can slightly understand, but the second part is ignorant. Corperations willingly give oodles of cash to governments (read: lobbiests buy polititians) in order to gain favorable advantages for doing business within the jurisdiction of those governments. These days, governments don't have to ask for kickbacks, as they are merely considered the price of doing business.

    2. Re:cry me a river by Anonymous Coward · · Score: 0

      "for f*cks sake, ..."

  13. Is the DOJ now M$'s lackey? by Techmaniac · · Score: 1

    You would think so from the nonsense and rhetoric they are spouting off here.
    I though the DOJ was a bunch of pansies when they backed down on Microsquash's penalties, now I see they must be stockholders.

    Abuse me once, shame on you. Abuse me twice, I must be a investor.

    1. Re:Is the DOJ now M$'s lackey? by mwood · · Score: 1

      "I though the DOJ was a bunch of pansies when they backed down on Microsquash's penalties, now I see they must be stockholders."

      Hey, I hold some MS stock and I'm not amused either by some of the actions of the people there who work for me. I dislike some of the ways in which they treat my customers, and my voting reflects that.

    2. Re:Is the DOJ now M$'s lackey? by Techmaniac · · Score: 1

      Glad to see someone that owns the stock has a conscience.

  14. Let us welcome.... by sheapshearer · · Score: 0, Funny

    Let us welcome our new world overlord, Bill Gates.

    Capital punishment will become the "blue screen of death"

  15. Rightly so by Anonymous Coward · · Score: 0

    I think Europe overstepped in phunishing Microsoft. Probably courts will overrule, but this might force Microsoft to take more serious precautions to prevent Europe to take down Microsoft to promote its own Linux companies. If you noticed it really doesn't protect the competing companies, it doesn't make much of a difference for those companies. It is designed to set a precedent to freeze the features on Windows and make Linux more attractive. This might very well cause a trade war between Europe and USA.

    1. Re:Rightly so by K3lvin · · Score: 1

      This might very well cause a trade war between Europe and USA.

      Aren't US and EU already in a trade war?

    2. Re:Rightly so by kisak · · Score: 1

      yes

      --

      --- guns don't kill people, people with guns kill people ---

  16. Proof positive by Anonymous Coward · · Score: 1, Insightful

    This should demonstrate beyond a shadow of a doubt what kind of "justice" the DOJ believes in -- justice for the megacorps and their masters, but certainly not for average Americans and consumers who have been screwed left and right by the practices of ethically-challenged companies.

    Hats off to Europe, for still having some moxie when it comes to taking on corporate power. We'll see how much longer that lasts.

    ---
    http://thewired.blogs.com/teotwawki
    The techno-mediated cultural conspiracy

  17. Remember folks, by mumblestheclown · · Score: 3, Interesting

    this is the same protectionist EU which is absolutely drunk in love with GI (geographic indicators). this link is a bit over the top, but not too far: http://www.kc3.co.uk/~dt/protectionism.htm also: http://www.lymec.org/article.php?sid=117 Anybody who claims that the EU as a whole does not play machiavellian economic power politics with rulings and regulations is a fool. the EU's economic policies are the equivalent of the stereotype of the US's current military ones.. unilateral, self-serving, and ultimately deadly to innocents.

    1. Re:Remember folks, by Anonymous Coward · · Score: 0
      the EU's economic policies are the equivalent of the stereotype of the US's current military ones.. unilateral, self-serving, and ultimately deadly to innocents.
      Pretty funny, coming from a country who's illegal blockade of Cuba, backed up with threats of force, has been responsible for thousands of deaths.
    2. Re:Remember folks, by pubjames · · Score: 5, Insightful

      this is the same protectionist EU which is absolutely drunk in love with GI (geographic indicators).

      Geographic Indicators are a good idea. If the packet says parmesan cheese, that's what I want, not some inferior cheese that has chosen to exploit the popularity of parmesan. The crazy thing is that in the USA, a company can Trademark a name like "parmesan", even when parmesan has meant something very specific in the rest of the world for hundreds of years.

      I think the reason the US doesn't like GI is because it doesn't have so many food products that are linked to a region like Europe does. But really, if the USA expects everyone to respect their trademarks, they should respect our product labels too. Come up with your own names for stuff, don't rip off names that have been respected in Europe for generations.

    3. Re:Remember folks, by Otter · · Score: 1
      I was going to ask the following question of the European readers -- and this is a genuinely sincere query, for which I have no preconceived answer:

      Whose interest do you think the EU is trying to benefit here? European consumers? European competitors to Microsoft? All global competitors to Microsoft? Or just sticking it to Microsoft for its own sake?

      I simply don't get who benefits from this course of action. What could the EU care about helping out Real? (Maybe they've confused Real Media with Real Madrid?)

    4. Re:Remember folks, by Anonymous Coward · · Score: 0

      Do you have a problem if it's the SAME KIND of cheese, just made somewhere else?

      You do know that the best California rolls are made in Japan?

    5. Re:Remember folks, by Anonymous Coward · · Score: 0

      You do know that the best California rolls are made in Japan?

      What, you mean the best California roll sushi is made in Japan?! Those Japanese have no respect for American inventions!

    6. Re:Remember folks, by gowen · · Score: 1

      So if I set up a motor company in India, building cars with a faint resemblance to Fords, I should be able to market them as "Made In America", due to their similarity with American made cars?

      (Assuming Ford haven't completely relocated to Mexico yet).

      Parmesan means "From Parma", like "Made In The USA" means "Made in the USA".

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    7. Re:Remember folks, by Anonymous Coward · · Score: 0

      Can you please cite your source?

      Thanks

    8. Re:Remember folks, by pjacobi · · Score: 1

      The second article you cite, gave as an example for one of these bad EU practises:

      > L"ubeck marzipan must come from L"ubeck.

      Sorry, am I the brain-dead here? Of course L"ubeck marzipan must come from L"ubeck. If it comes from Bad Ass, Texas, it should be named Bad Ass marzipan.

      Or do you think it's equally unfair that an product named "orange juice" must be orange juice (and not colored, sweetened water)?

      Regards,
      Peter Jacobi
      Hamburg (not far from L"ubeck)

    9. Re:Remember folks, by pubjames · · Score: 4, Insightful

      Do you have a problem if it's the SAME KIND of cheese, just made somewhere else?

      What we are talking about mostly is a lot of very high quality food products that are linked to specific regions of Europe of the same name. How would you qualify, and regulate, the concept of "same kind"?

      The problem here is one of perception in the USA. Most Americans can clearly see that if I started making, say, a fizzy drink and I called it Pepsi, that would clearly not be "right", both legally and morally. Well, when companies in other countries start making cheeses (for instance) exploiting the good names of Euopean cheeses that have been around for generations, then that is cearly not right either. The problem is that there has been no legal protection for these names. That is what GI addresses.

    10. Re:Remember folks, by DataCannibal · · Score: 1

      I hate the EU as much as the next Daily Telegraph reader (but not as much as some Daily Mail readers :-) but the EU is no more protectionist than anyone else. Tariffs, subsidies, trade barriers etc. are the ways that governments keep powerful interest groups happy. I see no difference between the EU and the US on issues like this.

      --
      No but, yeah but, no but...
    11. Re:Remember folks, by Anonymous Coward · · Score: 0

      What about the finest of all cheeses?

      You know...AMERICAN CHEESE.

      As a Canadian I find it funny that such a good name is reserved for what we call "Processed Cheese", the lowest of all cheeses.

    12. Re:Remember folks, by Pysslingen · · Score: 1

      Well, I wouldn't start that sort of discussion here, but the US has pretty much the same policy as Europe when it comes to trade. Please learn a bit more and keep posts on topic. This is irrelevant to this discussion and unncesarily provocative.

    13. Re:Remember folks, by mumblestheclown · · Score: 0, Flamebait
      A region is not a company.

      A region is not a person.

      A region is not even a method of production.

      Champagnes vary amongst themselves as much as Cava and champagne varry. Ditto nearly every other GI product.

      If the product produced is the same, then what's left when you peel away the GI onion is bald-faced protectionism. The error in your reasoning is that you are attempting to equate a region with a single entity... it is not by any stretch of the imagination so, except for a geographical accident of being painted the same color on some map. What you are essentially promoting is a sort of racism for products where all products may be equal, but some are more equal than others.

      And that's bullshit.

      Regarding your statement: "names of Euopean cheeses that have been around for generations", then that's exactly the frickin point: if somebody makes a cheese that is indistinguishable, regardless of where it is made, then it is the same cheese. The people in Hamburg who called some imported cheese "parmesan" cared about taste, not where the hell it came from.

      Now, if you raise a stink about Kraft Parmesan, well, that's a product labelling issue, not a GI issue. I might take your side on that one--but it's for a court to decide whether the term "parmesan" has become a common noun effectively meaning "grated" (as it arguably has in the USA) (just like "philly cheese" has been genericized for any soft, spreadable white cheese) or whether kraft's calling it parmesan is an attempt to, effectively, sell an apple as an orange.

      GI proponents like to confuse the issue by telling the Kraft Parmesan tale.. but really, that's a sidenote. The real story is not in the small few cases such as that which are really product labelling issues, but in more substantive ones such as Champagne vs Sparkling Wine (etc), basmati rice vs identical non-indian rice, etc.

    14. Re:Remember folks, by ponxx · · Score: 2, Interesting

      This was decided by a court based on European law. The court acted upon complaints by Real and Sun (both US companies) against MS (also US).

      There have been many similar decisions against companies from within and outside the EU, for example Volkswagen (cars, germany), BASH (chemicals, germany), Hoffman-Laroche (pharmaceutical, swiss), Nintendo (Japan), Degussa, Hoechst, etc. etc.

      The law applies to everyone, including MS, and that's why this prosecution was brought. The court found MS in violation of the law hence the fine and the orders to changer their business practices.

      So I think the question of who the EU is trying to benefit is the wrong question. You can argue with the law or with the courts' interpretation of the law, but it's not for "the EU" (whatever that entity might be) to decide what's good for its citizens in a court-case...

      Ponxx

    15. Re:Remember folks, by Solandri · · Score: 1
      The crazy thing is that in the USA, a company can Trademark a name like "parmesan", even when parmesan has meant something very specific in the rest of the world for hundreds of years.

      Kinda like how in the Netherlands, Belgium, and Luxembourg, a company has trademarked a name like "windows", even when window has meant something very specific in the rest of the English-speaking world for hundreds of years?

    16. Re:Remember folks, by pubjames · · Score: 2, Insightful

      If the product produced is the same, then what's left when you peel away the GI onion is bald-faced protectionism.

      So if I make a product in the same way as Pepsi, I can call it Pepsi? Oh, no, of course not. Is the Pepsi company a bald-faced protectionist for not letting me do this? Of course not.

      We are talking about names here. Names with specific meanings. Parmesan cheese literally means "Cheese from Parma". I can't sell a product "Made in the USA" if it isn't actually made there, so why should American companies be able to sell "Made in Parma" products?

    17. Re:Remember folks, by Anonymous Coward · · Score: 0

      This isnt even worth an argument. Why dont you just take yourself out of the genepool...

    18. Re:Remember folks, by mumblestheclown · · Score: 1
      the problem is that you're wrong.

      while i agree that this has strayed off topic, your error is far more egregious.

      you, like several others who have no good answers, simply insist that the us has "pretty much the same policy" as the EU when it comes to trade.

      this is bullshit.

      this is a complete and utter fairy tale that you use to console yourself because you know deep down inside that EU policy hurts more poor people throughout the world than the US policy ever could.

      And please don't tell me to "learn a bit more." Provide some evidence or fuck off. At the very least, provide me some list of alleged US abuses that affect the poor of the world in anywhere near the same scale that the EU's does.

      Hint: you can't. the best you can find is some ramblings about steel or boeing vs airbus or some poorly reasoned nonsense about cuba which igores the fact of its oppressive government which failed to produce a good economy despite being able to sell its goods to 95%+ of the world's populatio without restriction.

    19. Re:Remember folks, by pubjames · · Score: 1

      Kinda like how in the Netherlands, Belgium, and Luxembourg, a company has trademarked a name like "windows", even when window has meant something very specific in the rest of the English-speaking world for hundreds of years?

      No, not like that at all. If you can't see how that is different then I can't help you.

    20. Re:Remember folks, by pjt33 · · Score: 1

      Like the American queuing in Cheddar Gorge who was heard to say "They make real Cheddar where I come from"?

    21. Re:Remember folks, by mumblestheclown · · Score: 1, Flamebait
      Listen slowly, idiot.

      "PepsiCo" is a company. YOU can make Cola. You can even make it taste like pepsi! But Pepsi is a single purposed actor. A region NEVER WAS.

      If I travelled to the good city of Parma, rented some space, and produced something that for all intents and purposes would otherwise be known as Cheddar cheese (a product of Cheddar, UK, only!), would you call this "Parmesan?" No, you wouldn't. Nobody would. If they did, we'd have up to n * m names for cheese, where n is the number of places and m is the average number of cheeses produced in each. That's stupid, illogical nonsense. There is no common noun for "cheddar cheese" other than "cheddar." "Cheddar" describes something generic just like "cola".

      If your product is so good that it can be branded, then do so and make a mint. Look at Brut Champagne.

      Ergo, any idiot can realize that calling it parmesan refers largely to how it TASTES, not where it's from. Whether it's "largely" or "completely" is debatable, but that point is a minor one compared to the handwaving that you are trying to do.

    22. Re:Remember folks, by radish · · Score: 1

      Lubeck is a great little town, and the marzipan shop there sells probably the best ground-up almonds in the world. If I saw a pack of marzipan which said Lubeck on it, and it didn't come from Lubeck, you can bet I'd be pissed off. Just like Champagne should come from France, Edam from Holland and Cheddar from England. Living in the US I hate the fact that a lot of the time I just can't tell whether I'm buying the real thing or some crappy knock off until I get home and taste it.

      Imagine if I was allowed to make shirts in my basement and call the Calvin Klein, simply because they looked the same. I think there are laws against that...no?

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    23. Re:Remember folks, by pubjames · · Score: 1

      If your product is so good that it can be branded, then do so and make a mint. Look at Brut Champagne.

      This is very funny. You obviously don't understand why this should be funny, and I'm not going to explain, since I am apparently an idiot.

      Good day to you sir.

    24. Re:Remember folks, by Anonymous Coward · · Score: 0

      "If your product is so good that it can be branded, then do so and make a mint. Look at Brut Champagne"

      Oh. My. God. That has to be the most stupid unintentional comment I have ever seen.

      I honestly don't know whether to laugh or cry.

    25. Re:Remember folks, by Anonymous Coward · · Score: 0

      You mean like the Budvar/Budweiser mess.

    26. Re:Remember folks, by Anonymous Coward · · Score: 0

      It _is_ too far, parmesan refers to the city -parma, the same happens with the asti champagne and the porto wine.
      Companies around the world have used these names, and are a real threat to local industries.
      They don't only take away money, they also discredit the real product's quality.

      Geographic indicators is what europe has to offer, and i really don't see what is wrong with it.

      You go to paris to see the eiffel tower, how would you feel if you found out you had bought a ticket to see the tokyo tower in Japan. And how would the french feel?

      Don't answer that :)

    27. Re:Remember folks, by 110010001000 · · Score: 1

      No, you can't because Pepsi is trademarked by PepsiCo. "Parmesan" isn't trademarked. Moron. Man, you guys in EU are in for a big mess allowing such a large beaurocratic control.

    28. Re:Remember folks, by nilenico · · Score: 1
      Ah, yes - the lovely Champagne district of France... I found the Cheddar Gorge in England way too crowded and touristy, though.

      Sheesh.

      --
      .sig? No.
    29. Re:Remember folks, by mumblestheclown · · Score: 1
      Ok, I give.

      You are an idiot (or at least, your previous post put you squarely in that camp in my book), but I nevertheless fully admit to keys-before-brain silliness on that one.

      mea culpa.

    30. Re:Remember folks, by Rupert · · Score: 1

      They would be if they were equally applied. Cheddar is an identifiable region, with a distinctive style of cheese. However, it was denied GI status. Likewise, I don't see much hope of ever being to pick up a bottle of pilsner and knowing for sure that is was brewed in Pilsen.

      --

      --
      E_NOSIG
    31. Re:Remember folks, by mangu · · Score: 2, Insightful
      you can't because Pepsi is trademarked by PepsiCo. "Parmesan" isn't trademarked.


      But it's protected by Geographic Indicator. One is a law that protects the people who have invested in a corporation. The other is a law that protects people who have invested in a farm. Why should one group of people get some protection under the law that the other hasn't? If the product "Pepsi" has some special characteristic and value that enables it to have a particular label, why can't the product "Parmesan" get a similar protection? And, no, you cannot make "cheddar" cheese in Parma and call it Parmesan. Geographic Indicators are linked to specific production methods. It's not enough to make cheese in Parma to call it Parmesan, you must make it using the traditional Parmesan recipe to do so.


      you guys in EU are in for a big mess allowing such a large beaurocratic control.


      What are you suggesting? That the Parma city trademark the name "Parmesan" in the US? Wouldn't that be an even bigger bureaucratic mess?

    32. Re:Remember folks, by Moderation+abuser · · Score: 1

      The problem is, it's not the same kind of cheese, it might have a similar look and a similar consistency but there the similarity ends.

      The Italian Hard Cheese which Safeway used to sell as Parmesan is a poor substitute for real Parmesan. They do taste entirely different.

      --
      Government of the people, by corporate executives, for corporate profits.
    33. Re:Remember folks, by geirhe · · Score: 3, Informative
      If I travelled to the good city of Parma, rented some space, and produced something that for all intents and purposes would otherwise be known as Cheddar cheese (a product of Cheddar, UK, only!), would you call this "Parmesan?"

      What would happen would be a hefty fine. If you were using a cheddar process, the result would not be parmigiano reggiano, just as a brie is not a hard cheese.

      There are several requirements that have to be met in order for something to be called parmigiano reggiano. Making it in the right place is only one of them. 18 months of aging is another. The producers are only allowed to make the cheese between the months of may and november - for quality reasons.

      There is something called the parmigiano reggiano cheese control consortium. They market the parmesan cheese (just as Pepsi does), and they control the quality of the products (Hey, just as Pepsi does). They have existed since 1934.

      You are wrong in thinking that parmesan cheese comes from Parma. It can be made anywhere in the Parma, Reggio Emilia, Modena, Mantua or Bologna regions. It is also not a cheese it is possible to make industrially, unlike the parmesan-labeled muck you are cheering for.

      I suggest you actually take a piece of the parmesan-labeled cheese to Italy, and then see if you can taste a difference from a freshly-cut wheel of the real McCoy. My bet is that you can.

      More of the manufacturing process can be found here.

      Oh, and by the way, "brut champagne" means "dry sparkling wine from the champagne district in France, made with the champagne process". This is just as much a regional label as parmigiano reggiano is.

    34. Re:Remember folks, by kisak · · Score: 1
      If your product is so good that it can be branded, then do so and make a mint. Look at Brut Champagne.

      Any idiot can make soda water, but leave the fine champagnes to the wine houses in Champagne. And if the cheaper bubble-water is good enough for you, then buy it instead, but don't believe it is equal to wine produced by a french wine castle that has the tradition and expertise from before Colombus.

      --

      --- guns don't kill people, people with guns kill people ---

    35. Re:Remember folks, by mumblestheclown · · Score: 0, Flamebait
      First of all, fuck off with your statement about that I am cheering for "parmesan labelled muck." Please see my other post regarding the difference between truth-in-labelling issues and GI issues.

      Now, more to the point: the classic protectionist argument is this: in our land, there is a certain bird that eats a certain berry that grows in a certain in a certain field. this bird shits, and in the resulting manure there grows a tree. that tree is used to make barrels for our special product which is then aged exactly 7 years and 12 minutes in our special barrel. our product is unique because of the essence of the berry that has passed through the bird to the tree to the product.

      Such stories are always invented to justify protectionism--in your case, I am sure that the Reggiano Cheese Control Consortium likewise has a book full of spells and incantations that it uses to divine "pure" cheese from foreign muck. This is known as "design regulation"--that is, there are regulations on how an object is designed or made. This is, in a word, bullshit.

      Much better is what is called "output equivalence." It says that if an expert cannot tell the difference, or that there is not unreasonable variance between a product that has essence of bird berry shit and one that does not, then the products are the same. A healthy world economy is one where there is output equivalence one basic levels of design regulation (for example, no child labor) are met.

      However, I think you completely missed my point about cheddar and in doing so you also supported my argument! the previous poster said that the definition of Parmesan cheese is that it's from Parmeso (or the surrounding area.. whatever). My cheddar counterexample clearly showed that wrong. You further showed the insanity of the GI system by highlighting the fact that it relies on design regulation in order to sustain itself.

      I actually agree with you - industrial muck such as Kraft parmesan should probably not be labelled as parmesan any more than a bagel can be labelled a plain donut. but I don't see any reason why an enterprising young albanian (or whatever) who managed through ingenuity and skill to create in his home country a cheese that was for all practical puroses identical to that made in the parma region to sell it as "parmesan" as that has become the COMMON TERM for that kind of cheese. Otherwise, we'd have the m * n problem.

    36. Re:Remember folks, by Anonymous Coward · · Score: 0
      Such stories are always invented to justify protectionism--in your case, I am sure that the Reggiano Cheese Control Consortium likewise has a book full of spells and incantations that it uses to divine "pure" cheese from foreign muck. This is known as "design regulation"--that is, there are regulations on how an object is designed or made. This is, in a word, bullshit

      Are you saying the processes used to create food stuff are all the same, by labeling it as bullshit? Ingredients are one side and cooking style and method are the other, it greatly effects taste as to how something is cooked. You aren't thinking correctly.

    37. Re:Remember folks, by Anonymous Coward · · Score: 0

      And you aren't reading correctly. Read his next paragraph.

    38. Re:Remember folks, by Anonymous Coward · · Score: 0

      I read it of course, he tries to change the conditions under which product quality can be argued. I am sure it's fun to read.

      Something with such differentiation in product quality as food can not be idly cast into a "everything is the same" assertion. "It's all just widgets", which can all be manufactured to the same "standard". It works well for MacDonalds, it all tastes bland, but not for "real" food.

      You weren't reading correctly.

  18. Remember: That's Department of "Justice" by burgburgburg · · Score: 2, Funny

    "It's deeply unfortunate that the EU is ignoring our lead of playfully mock-slapping Microsoft on the wrist to try to placate the unwashed masses and have instead chosen to not only fine them a whole days worth of dessert money but more importantly, create a legal precedent that could be invoked for fines that might actually hurt. It is my responsibility to announce that the ministers and employees of the EU are now considered to be enemy combatants. Special Forces Units are en route to collect and process them at sunny Guantanamo Bay."

  19. hahah.. by pb · · Score: 4, Insightful

    Thanks to Ashcroft, the DoJ has lost all their credibility with me. If they say it's bad, well, it must be WONDERFUL.

    I'd love to hear their positions on this, and a variety of other issues; can we get a DoJ interview?

    Should we have broken up Ma Bell? Standard Oil? American Tobacco?

    What's your position on mandatory prayer in school... how about illegal search and seizure--an idea that was ahead of its time?

    --
    pb Reply or e-mail; don't vaguely moderate.
    1. Re:hahah.. by Anonymous Coward · · Score: 0

      the breakup of Standard Oil was badly needed. It was they (along with US Steel) who prompted the Sherman Act's original authoring. Both companies had products for which they were the only provider, and when competition came along, they started buying up supply (oil pumped out of the ground or the ores used to make steel), artificially increasing the cost of that supply such that the competitor couldn't afford it. Those costs were then passed onto the consumer (mostly builders who operated heavy machinery, as cars weren't really around yet, and then the same builders who used steel in construction)

      Eventually those costs hit the government as well (eg: government-subsidized construction, construction of government buildings, even railway fares for politicians going to/from washington), which created the need for anti-trust laws.

      Standard Oil was broken up into several companies (four or five, cant recall exactly) that all did the same thing: Purchase oil from the field and refine it into gasoline and other products. Because there were so many suppliers for each product, the market was the one who set the price. Likewise happened for US Steel - the assets were divided into several companies which in turn allowed the market to dictate pricing.

      Microsoft needs to broken up into at least three companies: One for Windows and immediately related products (this one retains the name Microsoft), one for applications, and one for their Internet service (MSN). Add to that no "exclusive" deals allowed between those three for a 10-15 year period to allow the market to settle into a sense of normalcy. This will allow the Applications company to port programs like Office to other platforms such as Linux and Solaris as it doesn't affect the bottom line of the Windows OS buisiness the way it would today. It will also allow the MSN-inheritee to provide service on other platforms too (OSX, etc) again for the same reason. (They may also wish to spin-off gaming to a separate company as well - both XBox and the PC games)

    2. Re:hahah.. by Anonymous Coward · · Score: 0

      You're saying that there was a point when you didn't hate Ashcroft and that he did have credibility with you that he later lost? You don't have any credibility with me because you're obviously a liar, pal.

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

      You're an idiot. How would YOU know if the poster hated him or not?

    4. Re:hahah.. by djh101010 · · Score: 1

      Nobody, including your apparent un-friend Ashcroft, is saying anything abuot "mandatory prayer in school". It weakens your point when you resort to clear falsehoods - anyone who is undecided will take your obvious lie as a good indication that your argument is so weak, you need to lie to make your points.

    5. Re:hahah.. by pb · · Score: 1

      Did I say that he was? I just want to know his opinion on it. He's also not saying anything about promoting illegal search and seizure, but The PATRIOT Act says differently, as do his actions.

      FYI, there is going to be a Supreme Court decision on the whole "under God"/Pledge of Allegiance thing, (if it doesn't get thrown out for lack of standing) and one of the issues there is whether or not it constitutes a prayer.

      The pledge was mandatory in California schools too, IIRC. And I think I know which side Ashcroft would be on, but it'd be nice to hear from the people running our Justice department, especially when it concerns our freedoms.

      --
      pb Reply or e-mail; don't vaguely moderate.
  20. I think it sends a good message by Tokerat · · Score: 1


    Play the way you're supposed to or get screwed.

    --
    CAn'T CompreHend SARcaSm?
  21. Not peanuts by pubjames · · Score: 1, Insightful

    The size of the fine is peanuts to MS

    Why do people keep saying this? It's not peanuts, not to Microsoft, not to anyone. It is a considerable fine.

    1. Re:Not peanuts by Open+Council · · Score: 2, Funny

      if their past record is anything to go by, MS will just run off a million MS Office CD's at a few cents each and "donate" then to EU schools, saying that their retail value more than covers the fine..

      then they will claim the full retail value of the CDs against US tax...

      --
      Paul
      www.opencouncil.org
      Open
    2. Re:Not peanuts by BCW2 · · Score: 0

      They have done it before and will get away with it again.

      --
      Professional Politicians are not the solution, they ARE the problem.
    3. Re:Not peanuts by Anonymous Coward · · Score: 1, Insightful

      "Why do people keep saying this?"

      Because Microsoft has about $40-50B in the bank; the interest on this money alone is probably $5B/annum. This is not counting the vast amount of income derived from continuing sale of Office and Windows, which amount to $15-20B/year.

      This in effect legitimizes the monopolistic behavior, not explicitly, but implicitly because this will cost Microsoft probably less than 2 weeks of revenue...

      Its like robbing a bank of $10,000 and the fine is $50 and court costs. If that was the real penalty for bank robbery, we'd have thousands of bank robberies a day. Its basically saying "Screw the customer, just give us a cut and its okay".

      Really, you can't be this dense.

    4. Re:Not peanuts by Daniel+Dvorkin · · Score: 1

      Well, look at it this way. Microsoft has ~ $50 billion cash, and the fine is ~ $600 million. (Obviously the exact dollar value varies with the dollar-euro exchange rate.) This represents about 1.2% of their current cash on hand. Now, on average, I have a bank balance of about $3,000. The equivalent fine, for me, would therefore be $36, or about what I'd pay for a speeding ticket. And yes, I consider that pretty much peanuts.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    5. Re:Not peanuts by theLOUDroom · · Score: 2, Insightful

      Why do people keep saying this? It's not peanuts, not to Microsoft, not to anyone. It is a considerable fine.

      Because it is.

      Do you any idea how much money Microsoft is losing on their own attempting to extend their monopoly to the console market?


      Do you grasp the magnitude of the extra money that Microsoft has been able to make by buying up or driving their competition out of business and rolling products into the cost of windows?

      --
      Life is too short to proofread.
    6. Re:Not peanuts by Anonymous Coward · · Score: 0

      So how many elephants will these peanuts feed?

      500 million dollars
      1 lb peanuts costs about $3.
      So that's 166,666,667 pounds of peanuts.
      An elephant can consume around 200 lbs a day or 73,000 pounds a year.
      So the find can feed around 11 elephants peanuts for a whole year.

    7. Re:Not peanuts by HD+Webdev · · Score: 1

      Why do people keep saying this? It's not peanuts, not to Microsoft, not to anyone. It is a considerable fine.

      Especially if you're a shareholder.

      --
      This is not a dream, not a dream...we are transmitting from the year 1-9-9-9.
    8. Re:Not peanuts by Anonymous Coward · · Score: 0

      This is moronic. Microsoft AS A WHOLE may have access to $50 billion in cash, but that doesn't mean that Microsoft Europe isn't bleeding.

    9. Re:Not peanuts by naelurec · · Score: 1

      Wah??

      that would be 2283 elephants fed for the entire year.. of course, if your buying 166million lbs of peanuts, I'm just guessing that you could get a better deal than $3/lb ...

    10. Re:Not peanuts by Anonymous Coward · · Score: 1, Insightful
      >>Why do people keep saying this?

      Because 500M is 1% of 50B. If I have $10k in the bank, fining me $100 is not going to shock the life out of me. It may sour my day but I'll still put 93 octane in the camaro.

      So maybe it's not peanuts per se, but it's definitely NOT a major setback for MS. The fine would have to be practically absurd to be effective. But no court in the EU would go so far as to hit them with an effective fine... what would it take? $1B? 5? 10? A damn sight more than 1%, I'd wager.

  22. Re:wait a minute by Murf_E · · Score: 1

    wow can you run your posts through a spell-check first? my head hurts from reading that.

    --
    this sig intentionally left blank
  23. Senator Patty Murray is deeply troubled by Anonymous Coward · · Score: 4, Informative

    Patty Murray's statement can be found at Murray Statement on EU Ruling Against Microsoft. Here are her contact information: http://murray.senate.gov/contact/

    1. Re:Senator Patty Murray is deeply troubled by sageman · · Score: 1

      "First, both Microsoft's creative authority and the ability of consumers to reap the benefits of new technological innovation will be curtailed."

      Question: since when has Microsoft had any sort of creativity?

      " press reports are true, the Commission's ruling on Wednesday will render the U.S. settlement -- negotiated with Microsoft less than two years ago -- largely irrelevant."

      Good.

      Too bad about the API's, but considering most of these projects are all reverse engineered for operability (under the DMCA this is very legal), such as Samba and Wine (if I'm not mistaken) then this is "largely irrelevant" in their progress.

      --
      --- "To iterate is human, to recurse divine." -- Robert Heller
    2. Re:Senator Patty Murray is deeply troubled by Anonymous Coward · · Score: 0

      Duh. She is from Washington state. What did you expect her to say?

      Douchebag.

    3. Re:Senator Patty Murray is deeply troubled by geoff313 · · Score: 4, Informative

      And that wouldn't have anything to do with her having received approximately $180,000 in campaign contributions from Microsoft in the past 6 years now, would it?

      Don't believe me?

      Check out her top contributors:

      1998

      2000

      2002

      2004





    4. Re:Senator Patty Murray is deeply troubled by Anonymous Coward · · Score: 0

      Patty Murray needs to learn a lesson.. When you are a global player, you play by global rules.

      The statement she makes is deeply troubling and emphasizes the arrogance that so many people in American politics share. It all revolves around idiotic protectionist policy and lots of greased palms.

      She wants to make it out like some international bullies are picking on poor Microsoft, and that since the DOJ passed 'judgement' on MS already that noone else should be able to do so.

      Of course, you don't see her writing statements condeming the actions of various States around the US, who are still pursuing anti trust cases. Noone would take such statements seriously, so why should these anti-EU words be treated any differently?

      The best part is the same shill-talk you hear from every politician paid off by Microsoft and by Microsoft themselves. "This hurts innovation and customers." I wish these lies could actually come back to haunt MS and their shills, but sadly, politics is a game of lies. Microsoft may innovate, but they do so at the cost of other companies innovations.

    5. Re:Senator Patty Murray is deeply troubled by elviscious · · Score: 1

      This should really surprise anyone. She's #8 on the MS political contributions list. In fact, 7 of the top 8 are from Washington. But in at #2 is everyones friend, Dubya.

    6. Re:Senator Patty Murray is deeply troubled by Anonymous Coward · · Score: 0

      Senator Murray's statements basically amount to "bring out the American flags, these EU people are uncouth rebels undermining the very basis of our way of life!" Microsoft is a creative *authority*? No wonder art is suffering in our school systems.

  24. Royalty Revenues by Anonymous Coward · · Score: 2, Interesting

    If Samba gets locked out of the Windows APIs, then I guess someone will have to come up with something better than Samba and make it work with Windows. Personally I think NFS is better, I guess we'll have to create a Windows NFS client that is as easy to use and implement as the Windows networking client.

    Shouldn't be that hard considering all the geniuses we have here on Slashdot...Oh wait, nevermind.

    1. Re:Royalty Revenues by dr+bacardi · · Score: 2, Informative

      It has already been done... nfs server too (and other cool toys).

    2. Re:Royalty Revenues by maximilln · · Score: 1

      -----
      then I guess someone will have to come up with something better than Samba and make it work with Windows
      -----
      But it will only be legal if they have properly paid MS for the use of the filesystem API.

      We're screwed.

      --
      +++ATHZ 99:5:80
  25. Poor solution to the wrong problem by heironymouscoward · · Score: 5, Interesting

    Fining Microsoft sounds fine but it's the wrong tool for several reasons. First, it will force Microsoft to raise prices in other ways, so the fine is a hidden tax on consumers. Second, it does not change the underlying problem, which is that Microsoft have been allowed over the last decade to establish a position from which they can control prices in a market almost devoid of real competition. Third, the timing is poor, since the EU and US are on the edge of a trade war, and the US will certainly use this as an excuse to raise barriers on EU businesses. Lastly, Microsoft will appeal and this will take years, during which there will be much argument and hostility, with no positive changes to show for it.

    I don't believe for a second that Microsoft will take this fine as a warning that merits a change in behaviour. They will simply spin it into an advantage, one way or another.

    What needs to be done is establish and enforce international free-competition standards via the WTO. Then, if a US company is found to be breaking these, the problem can be addressed to the right place, namely the US government.

    The EU could achieve much more in the arena of competition by correcting the injustices of the patent system (which turns it into a tool for market control by large businesses), and by mandating the use of OSS licenses in all software that is developed for the EU bodies themselves.

    --
    Ceci n'est pas une signature
    1. Re:Poor solution to the wrong problem by lavalyn · · Score: 1

      Hidden taxing the consumer is fine... would you or a system integrator pay $300 to get a copy of Windows on a $400 computer?

      I think it's more likely that the price remains $149(CDN) retail but Microsoft takes a smaller cut. Because even a monopoly or tight oligopoly can go bankrupt. Look at the airlines.

      --
      Doing the Right Thing should not be preempted by making a buck.
    2. Re:Poor solution to the wrong problem by evilad · · Score: 1

      in re: your point about "forcing Microsoft to raise prices in other ways"

      This is a common fallacy. In fact, their prices are, and always have been, set in such a way as to maximize sales. This is how free-market capitalism works.

      Increasing fixed expenses does nothing to vary the unit cost per sale, and so it does not change the equations which set retail prices. A fine like this affects _only_ the bottom line.

    3. Re:Poor solution to the wrong problem by dabadab · · Score: 1

      The fine is not the point, it's just the silver lining on the ruling.

      The real thins is that they HAVE to open their APIs (and offer Windows w/o WMP - although in itself it's not that big deal, it has its implications leading very far...)

      --
      Real life is overrated.
    4. Re:Poor solution to the wrong problem by mwood · · Score: 1

      Microsoft is not forced to raise prices to offset this trifling fine. They could cut their dividend by a penny per share. They could delay the next round of raises for the top brass by a couple of weeks.

    5. Re:Poor solution to the wrong problem by term8or · · Score: 1

      First, it will force Microsoft to raise prices in other ways, so the fine is a hidden tax on consumers.

      Thereby increasing the price of the product and making it less competitive against rivals. *cough* apple. *cough* unix.

      Second, it does not change the underlying problem, which is that Microsoft have been allowed over the last decade to establish a position from which they can control prices in a market almost devoid of real competition.

      But establishing that microsoft is a monopoly in court creates a landslide of other regulations and potential liabilities. e.g. (a) the UK and other EU governments can order products to be sold on fixed terms at a reasonable price. (b) any purchase by microsoft of other companies will be reviewed by government organisations (c) any release of a new product that is supported by the existing monopoly may be a breach of the law (d) Refusal to give vital information about microsoft API's, software code, document formats may constitute anticompetitive behaviour. & etc.

      Third, the timing is poor, since the EU and US are on the edge of a trade war, and the US will certainly use this as an excuse to raise barriers on EU businesses.

      Lets face it: The US was always going to try to raise trade barriers against the EU because it's trade balance is so poor. Let them. It will give the UK and other EU nations a good excuse to get out of the daft war on terror

      Lastly, Microsoft will appeal and this will take years, during which there will be much argument and hostility, with no positive changes to show for it.

      Fines and remedies can go up as well as down in the EU appeal process. And I would like to know how doing nothing against microsoft would result in positive changes?

      --



      "As a writer / novelist you might want to spellcheck your sig. :) " - AC
    6. Re:Poor solution to the wrong problem by 0x0d0a · · Score: 1

      What needs to be done is establish and enforce international free-competition standards via the WTO. Then, if a US company is found to be breaking these, the problem can be addressed to the right place, namely the US government.

      What are you, nuts? That'd just give it back to the Bush administration DoJ, which would let Microsoft off the hook again.

      Ah, for Janet Reno to be back again...

    7. Re:Poor solution to the wrong problem by starcraftsicko · · Score: 1
      What needs to be done is establish and enforce international free-competition standards via the WTO. Then, if a US company is found to be breaking these, the problem can be addressed to the right place, namely the US government.
      Err... the WTO? I doubt the WTO would want to do anything with this. Even if it did, I don't see that it could do anything useful. Order punitive tariffs on all US exports? Just on US software exports? Is that a solution?

      Or perhaps you think that the WTO will fine the US government (and taxpayers) directly? Do you think the US government would pay? Are you prepared to enforce that judgment? The traditional remedy amongst nations when one maliciously fails to meet its obligations is to make war. Europeans don't have much stomach for fighting even "just" wars. Neville Chamberlain was a man ahead of his time; he'd do great in Europe today. But if by some mischance the EU does decide to undertake such an action, could you PLEASE send the French over first?

      I'm no fan of M$ or US policy in dealing with anti-competitive abuse, but I'm not sure that war is the answer.

      The EU could achieve much more in the arena of competition by correcting the injustices of the patent system
      Well, the EU could do this, but I'm not sure why they would... anymore than the US would. Governments like these little injustices when they gain by them, and oppose them when they are on the short end. Go figure.

      That said, the EU is the LAST body I would want rewriting patent laws. The European model of copyright is causing all kinds of problems in the US. I'm afraid of what an European patent model would be.
    8. Re:Poor solution to the wrong problem by Endive4Ever · · Score: 1
      But establishing that microsoft is a monopoly in court creates a landslide of other regulations and potential liabilities. e.g. (a) the UK and other EU governments can order products to be sold on fixed terms at a reasonable price. (b) any purchase by microsoft of other companies will be reviewed by government organisations (c) any release of a new product that is supported by the existing monopoly may be a breach of the law (d) Refusal to give vital information about microsoft API's, software code, document formats may constitute anticompetitive behaviour. & etc.


      In other words 'release the slime squadrons, boys!'

      It's disturbing that all those parasites are gonna feed on this ruling. At the expensive of the regular people who now not only are still forced to use Microsoft, but now have to pay the other side off as well.

      --
      ---
    9. Re:Poor solution to the wrong problem by kabocox · · Score: 1

      The US slapped MS's wrist for voliating US laws in the US.
      The EU is cutting MS's finger for voliating EU laws in the EU.
      I'd much rather the US and the EU both took and arm or leg from MS. 30-40 billion dollar fine would've made law makers very happy if they got a slice of it.

    10. Re:Poor solution to the wrong problem by jwsd · · Score: 1


      I don't believe for a second that Microsoft will take this fine as a warning that merits a change in behaviour.


      Why should Microsoft change its hehavior? It's the most successful hi-tech company so far and all the business leaders in the world want to be the next Microsoft.

      The CEO of my previous company was one the key witnesses against Microsoft in the US anti-trust case. Even though he publicly bashes Microsoft at every turn, he specifically said at the company meeting that he wanted to mimic Microsoft's business strategies whenever possible and that it was the right way to do business. But he did a lousy job at that and ran the company into ground. But he managed to get $400 million investment for the company, those poor investors never saw a single penny return. In his testimony, he blamed Microsoft for the failure of his previous company, Sybase. After seeing how he ran my previous company, I wonder if Microsoft is to be blamed for the failure of Sybase.

    11. Re:Poor solution to the wrong problem by NoOneInParticular · · Score: 1
      Just wars. Afghanistan was a just war, you will find the majority of Europeans agreeing with that. Iraq wasn't: even with the WMD threat many people considered it a tight call and mostly a smoke-screen to avoid tackling worldwide terrorism. Now that it turns out that even the WMD threat was a bunch of lies, the 'just' war has been unmasked for what it really was: a plan to get a an extra few billion bucks in the hands of the unneedy (read Dick Cheney and friends).

      Meanwhile, the Iraqi population is headed towards a few decades of civil war, and muslim terrorism has found a new safe haven. Thanks US, your war on terror has certainly struck at the right place.

    12. Re:Poor solution to the wrong problem by Bob9113 · · Score: 2, Insightful

      First, it will force Microsoft to raise prices in other ways, so the fine is a hidden tax on consumers.

      You're assuming supply-side economics. The price of Microsoft's products is not governed by the supply side, it's governed by the demand side. Heck, that's pretty much the definition of monopoly pricing.

      Second, it does not change the underlying problem, which is that Microsoft have been allowed over the last decade to establish a position from which they can control prices in a market almost devoid of real competition.

      Neither does charging a fine for double parking solve the underlying problem of a willingness to occupy two parking spaces. Penalties are meant to be punitive, to make the violator think twice next time, and (in the case of MS's penalty) to provide recompense to the injured party.

  26. unfortunate mixup of interests... by sofar · · Score: 3, Insightful


    This just gets to me... US judicial bodies, not a political party, a president, or something *commenting* on .eu trade regulations, which are much more open than .us ones. If they want to scare the .eu they are obviously stupid, but this just smells like Bush pushing his puppets to make clear that he and his troops will put .US companies first above everything, and they intend to smear other countries in favor of their home voters.

    Vote democrat, 5.85 billion people in the world would do so if they could!!!

    1. Re:unfortunate mixup of interests... by Atzanteol · · Score: 4, Insightful

      http://murray.senate.gov/news.cfm?id=219442

      Go on though. You were saying something funny about Democrats?

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    2. Re:unfortunate mixup of interests... by Anonymous Coward · · Score: 0

      5.85 billion people who voted for governments whose economies are doing much worse than ours---smart. You know where you can go if you want to live among these ``enlightened'' people.

    3. Re:unfortunate mixup of interests... by Anonymous Coward · · Score: 0

      The reason that 5.85 billion would is because a large majority of them are morons.

      If you're not a liberal at 18, you have no heart. If you're not a conservative by 30, you have no head.

      (And we do scare the EU... cause we could take them down in an instant if we so wished... one of the many benefits of being a superpower :)

      (And no... I'm not a war monger...read Orwell's 1984 sometime to understand why)

    4. Re:unfortunate mixup of interests... by Hi,+I'm+Troy+McClure · · Score: 1
      I'm not so sure everone else in the world would vote Democrat. For large portions, i.e. almost all of Asia, the trade relationship with the US is above all. This is what the presumptive Democratic nominee says on trade: (from his website)

      Break Down Barriers in Key Export Markets. This Administration has done little to open key export markets in places like Japan and Korea. Some countries use non-tariff barriers, such as making it difficult to access finance or have obscure investment requirements, to undermine U.S. exports. For example, auto exports to Japan are still essentially blocked by complicated rules. John Kerry would use all the available tools, including Section 301 of the 1974 Trade Act, WTO remedies, and diplomatic measures to open these markets.

      Review Existing Trade Agreements. John Kerry will also order an immediate 120 day review of all existing trade agreements to ensure that our trade partners are living up to their labor and environment obligations and that trade agreements are enforceable and are balanced for America's workers. He will consider necessary steps if they are not. And John Kerry will not sign any new trade agreements until the review is complete and its recommendations put in place. He believes all new trade agreements must have strong labor and environmental standards.

      For those countries whose lifeblood is the trade defict with the US, I believe they are hoping for a more hands-off approach to international trade.

      They don't have a fear of being invaded by America, China is no Afganistan. Their fear is America will crawl into a shell and place barriers on trade with them.

      Also, isn't the Justice Department part of the Executive Branch, not the Judicial Branch?

      Anyway, just my thoughts.

    5. Re:unfortunate mixup of interests... by medeii · · Score: 1

      Microsoft (and a good chunk of their employees) reside in her district. Speaking as a Washington voter, she's expected to represent her constituents' interests, no?

      That said, her statement does look like a lot of tripe. I've talked with her before, and it looks like something she was given to publish (by whom, I wonder?) rather than something she had one of her aides do.

      --
      got standards? --- http://www.w3.org/
    6. Re:unfortunate mixup of interests... by Atzanteol · · Score: 1

      Microsoft (and a good chunk of their employees) reside in her district. Speaking as a Washington voter, she's expected to represent her constituents' interests, no?

      Ahh, but does not Microsoft exist in the United States as well? And given that this is an 'international' issue, is it that surprising that a federal office makes a statement (for the same reasons)?

      I bet we'd see the same from another nation if we imposed a penalty on a company from their nation. It's all just politics. No action was taken.

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    7. Re:unfortunate mixup of interests... by medeii · · Score: 1

      Yes, Microsoft exists in the United States. The comment I was replying to was not about the DoJ's statement, but rather it was poking fun at Patty Murray for being a Microsoft shill.

      Now, she very well might be (and my post makes comments to that effect), but my point was that as the representative of that part of the state, such a supportive statement is hardly out of the ordinary.

      --
      got standards? --- http://www.w3.org/
    8. Re:unfortunate mixup of interests... by Grishnakh · · Score: 1

      Last time I checked, the Euro was rising steadily relative to the US Dollar. Looks to me like US economy isn't doing so hot lately.

    9. Re:unfortunate mixup of interests... by Anonymous Coward · · Score: 0

      You are an idiot my friend.

      Read up about it before you open your mouth.

    10. Re:unfortunate mixup of interests... by Anonymous Coward · · Score: 0

      Yeah, "vote democrat", that'll work. They did SUCH a good job dealing with Microsoft, after all. [HEAVY SARCASM]

      And for what it's worth, were I american I wouldn't vote democratic or republican. Different sides of the exact same coin.

    11. Re:unfortunate mixup of interests... by Anonymous Coward · · Score: 0

      You are an idiot my friend.

      Read up about it before you open your mouth.


      Would you like to elaborate? If you think he's wrong, the least you could do with be to, oh, maybe refute his argument instead of just calling him an idiot?

      For the record, I have been reading up on it. I see a very low dollar (falling), a reasonable Euro (rising), and an extremely strong British pound. That suggests to me that the European economy is in better shape than the American one. Where are your facts and figures to contradict me?

      Incidentally, even if he is an idiot, that doesn't necessarily mean he types with his mouth shut.

    12. Re:unfortunate mixup of interests... by Anonymous Coward · · Score: 0

      QUOTE
      but this just smells like Bush pushing his puppets to make clear that he and his troops will put .US companies first above everything,
      END QUOTE

      This is exactly why we put him there. We need someone to lookout for the United States Of America's interests rather than some foriegn power. The president of the USA should have in his top priority, his job one, his main agenda, the protection and well being of the USA bar NONE.

      Furthermore, it would be absolute stupidity to allow foriegn peoples to vote for my president. And I am not going to let that happen.

  27. Follow the money by Anonymous Coward · · Score: 5, Informative

    Hardly surprising, giving R. Hewitt Pate was one of the men who imposed MS's wristslap by the DoJ. I wonder if there might be a conflict of interest here.

    Note : Allowing your senior DoJ / government lawyers *cough, Ashcroft* to be in hock to major corporations might not be a very wise idea.

    1. Re:Follow the money by FFFish · · Score: 1

      "Allowing your senior DoJ/government lawyers to be in hock to major corporations might not be a very wise idea."

      I suppose that very much depends on what your goal is and whether it furthers your efforts to reach that goal.

      I rather suspect that for the people who are in power, allowing the senior lawyers to be owned by corporations is a very good idea.

      --

      --
      Don't like it? Respond with words, not karma.
    2. Re:Follow the money by Anonymous Coward · · Score: 0

      That got me wondering where Microsoft's money goes, which lead me to this :

      http://www.opensecrets.org/orgs/summary.asp?ID=D 00 0000115&Name=Microsoft+Corp

      "Microsoft Corp
      Microsoft Corp is the world's top computer software company. It is also one of the biggest campaign contributors in Washington--an astounding fact when you consider that Microsoft is a relatively new player on the political scene. Prior to 1998, the company and its employees gave virtually nothing in terms of political contributions. But when the Justice Department launched an antitrust investigation into the company's marketing of its popular Windows software, things changed. The company opened a Washington lobbying office, founded a political action committee and soon became one of the most generous political givers in the country. The move eventually galvanized an entire industry, as computer and Internet companies quickly moved to emulate Microsoft's political savvy."

      Questionable use of the word 'generous', to say the least - this entire paragraph illustrates that their contributions are not in the least altruistic.

  28. Re:wait a minute by fireshipjohn · · Score: 0, Redundant

    Only if you'll spellcheck before you post :)

  29. How will this affect SCO? by Anonymous Coward · · Score: 0

    Since SCO uses Samba, I wonder what their take is how this would affect their use of Samba?
    I suppose MS will come knocking for their money back. :)

  30. Hopefully... by GFLPraxis · · Score: 1

    Hopefully they'll have to unbundle Internet Explorer, as well... After all, WMP is needed because there are still idiots who use the WMP format on the internet... What I want is a choice during installation: Do you want: a) Internet Explorer b) Mozilla FireFox 0.8 c) Mozilla 1.7 d) Netscape e) Opera Do you want: a) Windows Media Player b) QuickTime and iTunes c) RealPlayer d) All of the above

  31. Re:I still think MS by colinleroy · · Score: 2, Funny

    Now that would be great. I'm tired of seeing sooo much Visual* and MS* shit in jobs descriptions when I look for one. I'd really like if Europe was 100% Unixes :)

    --
    blah
  32. I wouldn't call... by Anonymous Coward · · Score: 0
    Microsoft an innocent.

    I think that's just a LEETLE bit of an exaggeration of Microsoft's position.

    The EU gets to look good in this decision (i.e. punishing a convicted monopolist company), gets money in the process, and gets to finally stick one to the U.S. after being called "Old Europe" and getting the shaft from the U.S. gov't.

  33. Gray Matter by Prince+Vegeta+SSJ4 · · Score: 3, Insightful

    "Imposing antitrust liability on the basis of product enhancements and imposing 'code removal' remedies may produce unintended consequences," Pate said. "Sound antitrust policy must avoid chilling innovation and competition even by 'dominant' companies. A contrary approach risks protecting competitors, not competition, in ways that may ultimately harm innovation and the consumers that benefit from it."

    IMO , this is a very sticky subject. For instance - what if a TV manufacturer couldn't sell remotes? What if MacDonalds Couldn't sell french fries or sodas? I know that's a little silly but it is still similar.

    On one hand M$ should be able to 'innovate' and add new features users want, on the other, they ARE a convicted monopoly and should not be allowed to use that position illegaly (unless of course I bought the stock at the right time). Microsoft, however, has become a victim of their own tactics.

    By that I mean, that Microsoft as essentially muscled windows into what many consider is a 'staple' product (/. users excepted of course), now they may have to live with the fact that they may not forcibly bundle certain 'features' within the OS. An OS may go the route of a commodity (and in this day and age probably should, although I would probably be against any law that forces commodity pricing for windows), making MS compete in the open market, and on the basis of quality for all of Windows 'Features'.

    Nevertheless, maybe we should have a definition of what an OS is, and what must be sold seperately.

    1. Re:Gray Matter by robnauta · · Score: 1

      A good analogy. Suppose I am a TV remote control manufacturer and there's one big TV company. I could sue the TV company for dominating the market and giving away free remotes that they massproduce in china for $3 cost price. With a bit of luck, if the company is impopular I could win and everyone who buys a TV will get it without a remote, and they'll have to buy an extra $49.99 remote. I make money and Joe Customer loses money.

      The EU decision is a scam, populism. Who gains anything from fining a company and makes them remove a random product ? It's not like the media player market is a highly competitive market with many competitors. There is one product (Real) that is despised by everyone, and several others (powerdvd, windvd) that offer features (dvd playing) that media player doesn't. So people buy PowerDVD anyway, with or without WMP installed with windows. Others (Bink) sell only to other companies and doesn't even do players.

      If you want a media player, you have 3 choices.
      First, buy one for $50.
      Second, get a free one from an internet company that tries to generate revenue with unwanted pop under ads while you watch, subscribes you to channels, pops up its own website in all open browser windows whenever you start it and occupies most of the screen because there are banner ads above and below the output window.
      Third, use the OS' included simple player. Thanks to the EU, it's now either use Real or pay for PowerDVD or WMP.

      After all, windows media player is just the tip of the iceberg, an application using the DirectShow API with all its filters, streams, etc. A programmer can write his own media player in half an hour just calling various API functions. That's what most free players like divxplayer, bsplayer, mplayer etc. do, just a user interface layer on top of it.

    2. Re:Gray Matter by mikec14606 · · Score: 1

      No it isn't similar, to make your point similar TV companies would have to actively sue universal remote manufacturers for figuring out the codes and frequencies for the TVs and McDonalds would have to patent the French Fry and threaten to drop Coca-Cola if they persued a contract with BK, or Wendy's. The problem is that monopolies like MS do not innovate, they do as little as possible to keep the revenue rolling in. WMP9s only innovation is DRM, and DRMs only purpose is to ensure a revenue stream to the content provider and to the technology provider (MS).

    3. Re:Gray Matter by Anonymous Coward · · Score: 0

      What if MacDonalds Couldn't sell french fries or sodas?

      An analogy to the Microsoft situation is this:

      What if 95% of the world's fast-food restaraunts were McDonalds? What if a new chain started up with a great new product as well, perhaps selling veggie burgers that were expensive, but tasted better than anything McDonalds did?

      Now McDonalds, owning all those restaraunts, have loads of cash at hand. So they bring out a good-tasting veggie burger, but sell it for far less than the other chain, at a loss to McDonalds?

      Result: the new chain goes out of business, and McDonalds have surpressed their competition. The loss they made on the veggie burger is peanuts in comparison, and they can now hike their prices back up to avoid making a loss on them.

      This is essentially what Microsoft did to Netscape. Sure, Microsoft might feel hard done by if somebody suggests that they shouldn't be allowed to bundle a web browser with their operating system, but I'm sure McDonalds would feel hard done by if somebody suggested they weren't allowed to sell veggie burgers.

    4. Re:Gray Matter by mwood · · Score: 1

      "...what if a TV manufacturer couldn't sell remotes?"

      That would be great. Then they'd have to settle on ONE standard code instead of a thousand mysteries, you wouldn't have to tell your aftermarket remote which particular flavor of Magnavox you want it to talk to, and it's more likely there'd be competition among remote manufacturers for the end of the market which would like access to *all* functions, not just the least common denominator. I could just buy one deluxe remote, it would continue to work as I replace the gear it controls, and I wouldn't have a basket of other remotes each of which doesn't control most of my stuff.

    5. Re:Gray Matter by vidarh · · Score: 1
      Your example is pure bullshit. A more direct analogy would be if a TV manufacturer that has a monopoly gets sued because their TV's are a fully usable standalone product (it does have a full set of buttons) and there is a real market for TV's without remotes, but the TV manufacturer refuses to sell TV's without their remotes.

      The TV manufacturer then gets a judgement saying they need to offer to sell their TV's to distributors without the remote if they want to, and may have to deduct the cost of the remote ($3 in your example). The consumers gets the choice of buying the TV with or without the original remote, and possibly bundled with the universal remote from the other company.

      The consumer gets choice, and the TV manufacturer is unable to force it's remotes on everybody in the hope of bankrupting the universal remote manufacturer so that they can enter the universal remote market without competition.

    6. Re:Gray Matter by Endive4Ever · · Score: 1

      The cost to retailers of having to stock both with and without-remote TV sets then drives the price of all TV sets up.

      Who wins in the end? The government bureaucrats who get to increase their staff to enforce the madness.

      Go AFSCME! Yay!

      --
      ---
  34. Corruption of the US goverment by shuz · · Score: 4, Insightful

    It is sad to see that excellent decisions in other countries highlight the corruption of my US goverment. As a minnesotan, I say put Ventura in as president and we can eliminate corruption once and for all.

    --
    There is or can be built a machine that can simulate any physical object. -Church-Turing principle
    1. Re:Corruption of the US goverment by Ateryx · · Score: 1
      You obviously didn't live in Minnesota that long, or ignored much of Venturas term.

      1) He was 'pro public school' yet didn't put any money towards it, Ventura was when most big hikes in tuition began for UMN-Twin Cities. (Next year the paper is reporting a 17% increase).
      2)He publically complained about the $900 tax he paid yearly on his Porshe, and wanted $25,000 a year because his wife 'couldn't continue her horse-raising job' as first lady.

      There is more, but I don't have the time to type them up, sure he did some good things such as keeping the Twins in MN the best he could, but overall he was inexperienced. Lest not even mention the house parties that Venturas son threw (Read: Trashed) in the governer's mansion...

      --
      "The truth suffers from too much analysis"
    2. Re:Corruption of the US goverment by Anonymous Coward · · Score: 0

      As a minnesotan, I say put Ventura in as president and we can eliminate corruption once and for all.

      Yeah! Of course, Arnold would be my first choice, if it weren't for the damn Constitution.

    3. Re:Corruption of the US goverment by Anonymous Coward · · Score: 0

      If we could get Ventura as Commander in chief of the United States, I would absolutely love the fact that my leader could kick the ass of any other country's leader in a cage match... hell I'd want him to start knocking heads in the Senate and House...

      But no we get some rich stupid and corrupt lawyer every fricking time...

    4. Re:Corruption of the US goverment by Anonymous Coward · · Score: 0

      You don't need another country to highlight the corruption in the government. They are there, people just choose not to see it. DoJ's crying foul over them nasty Yorepeeans who limit the freedom of a big campaign contributor to innovate is just the latest in the series:

      * US Supreme Court appointed Bush to be the president
      * The outing of CIA operative -- where is the independent counsel?
      * Haliburton got the contract to rebuild Iraq in a closed process
      * Haliburton got off easy for doing questionable practices such as overcharging the tax payers.
      * Scalia refused to recuse himself after the hunting trip with Cheney *Quack!!*

    5. Re:Corruption of the US goverment by Rupert · · Score: 1
      My father is fond of quoting the following verse, which applies, I think, to our beloved ex-Gub.

      You cannot hope to bribe or twist
      (thank god) the British journalist.
      But seeing what the man will do
      unbribed, there's no occaision to.

      I have to admit though, it would be no more than the Washington press corp deserve.
      --

      --
      E_NOSIG
  35. -1 Offtopic by Anonymous Coward · · Score: 1, Insightful

    These articles deal with the EU (and WTO) having policies which may seem protectionist. Machievillian in a sense, but I do think Europe is much more concerned about the world as a whole that is the US. But even if full credit is given to the articles (I don't know enough about the subject to accept or reject them) this has no bearing on the trial against Microsoft -- they violated antitrust laws and have payed a penalty that is more that a mere wrist-slap.

    1. Re:-1 Offtopic by Anonymous Coward · · Score: 0

      One could easily argue that the fine would have been smaller against an EU company.

    2. Re:-1 Offtopic by socode · · Score: 1

      Another could easily argue that the DoJ would have actually fined an EU company.

    3. Re:-1 Offtopic by Anonymous Coward · · Score: 0

      Well that's just a given ;-)

  36. From Groklaw : Bush to "Engage" the EU by anandpur · · Score: 5, Interesting

    From Groklaw :
    Washington State's Senator Murray Asks Bush to "Engage" the EU

    "'This ruling is yet another example of the EU assaulting a successful American industry and policies that support our economic growth,' said U.S. Senator Patty Murray, a Democrat from Microsoft's home state, Washington. . . .
    "Murray called on the Bush administration to 'engage' the EU in settling the case. 'The EU has now directly attacked the authority of the United States and our economy in general,' she said in a statement. 'American jobs and economic interests are threatened,' she said."

    Um. "Engage"? She doesn't mean sending in troops or anything, does she?

    Joke.

    Wait a sec. Who assaulted who? Isn't the issue whether Microsoft broke the law over there? If they did, does she suggest it shouldn't matter, because they simultaneously give Americans jobs? The article points out that corporations that do sufficient business in Europe are subject to their laws, something they could avoid by not doing business there. They could also avoid consequences by not breaking any laws. I believe that would entail reading them

    1. Re:From Groklaw : Bush to "Engage" the EU by thepeete · · Score: 0

      Not only that, but doesn't American law cover companies performing anti-trust activity abroad?

      --
      My Karma is so low that even my own postings are beyond my current threshold
    2. Re:From Groklaw : Bush to "Engage" the EU by Anonymous Coward · · Score: 0

      ''The EU has now directly attacked the authority of the United States''

      What 'authority' does the US have over the EU, I wonder?

      The same 'authority' a bully has?

    3. Re:From Groklaw : Bush to "Engage" the EU by j7953 · · Score: 1
      'The EU has now directly attacked the authority of the United States and our economy in general,' [Senator Patty Murray] said in a statement.

      Actually, the only one who was directly "attacked" was Microsoft.

      If a direct attack against Microsoft is also a direct attack against "the authority of the United States" and the US economy, does this imply that Microsoft and the US government are a single entity?

      --
      Sig (appended to the end of comments I post, 54 chars)
    4. Re:From Groklaw : Bush to "Engage" the EU by Anonymous Coward · · Score: 0

      Absolutely. The US has nothing to do with this.

      Tell you what, USA. Let's do a deal. You keep your noses out of our business and we'll keep ours out of yours. You stop complaining about us punishing US companies that break our laws, and we'll stop sneering at your barbaric death penalty and those lovely "three strikes" laws that put people in jail for life without parole for heinous crimes like stealing cookies. We might even stop complaining about the EU citizens you're detaining illegally in Cuba.

      It would, of course, also help if you checked your own eyes for logs before complaining about how we're being unfair to US economic interests. Presumably your steel tariffs are designed to be perfectly fair to EU interests?

      (Sits back and waits to be accused of being "anti-American" (I am) and "as bad as al-Qaida" (I'm not).)

    5. Re:From Groklaw : Bush to "Engage" the EU by drinkypoo · · Score: 1

      Since you bring it up, it would involve reading them, not entail. It would entail reading, understanding, and following the laws.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  37. Further proof by DigiShaman · · Score: 4, Insightful

    ...of how government is tied to big busness regardless of political affiliation. In other words, the US system is corrupt. But then again, so is about every other nation on this planet.

    Human nature never ceases to amaze me. Even under large orginizations called countries, corruption can and WILL take place.

    --
    Life is not for the lazy.
    1. Re:Further proof by hoover · · Score: 1, Interesting
      Quote:Human nature never ceases to amaze me. Even under large orginizations called countries, corruption can and WILL take place.

      Maybe humans aren't meant to live in "large organizations", leaving them stranded without a culture to pass on from generation to generation for thousands of years?

      Evolution shaped the best-of-breed form of living together for humans: the tribe. Not perfect to be sure, but also not planet consuming like our taker culture has proved to be ever since it took off in the fertile crescent 10,000 years ago.

      See friendofishmael.org for more information.

      Cheers,

      Uwe

      --
      Ever wondered whats wrong with the world? http://www.ishmael.org/
    2. Re:Further proof by Anonymous Coward · · Score: 0

      Being a first generation immigrant I can tell you that I am losing my culture her in US. I speak a hybrid language at home and I've been assimilated by the bor^H^H^H states.

      America is the land where culture dies out in couple of generations and one becomes just another american soon enough.

    3. Re:Further proof by Anonymous Coward · · Score: 0

      The cultures of black, white, hispanic, and asian are all to be found in a land called America. Only one ring can bring them togeather, for it is called Hip-Hop.

    4. Re:Further proof by Phragmen-Lindelof · · Score: 1

      Perhaps we need to colonize other planets (around other stars) and let evolution work its magic. Eventually we will discover the best type of human organization. (And, if you have not performed this experiment, you should not claim to know the "answer".)

    5. Re:Further proof by DigiShaman · · Score: 1

      That actually might work against the human race.

      Let say there is a period of history where humans colonize other planets and star systems. Then, wars breaks out on those planets which renders them secluded on their own for millions of years. If this happens (on many other planets as well), those human colonies might end up evolving into their own species. Once fragmentation takes root, so might racism on a scale like never before imagined. And from that point on, everlasting wars will break out from the now fracture human race in order for each new species to maintain dominance and self protection.

      I know this is a worst case scenario. But just look to biological diversity here on Earth. On one hand, it's good colonize other planets from the protection of the Human race. But whos to say they will remain human on each planet after millions of years thereafter?

      --
      Life is not for the lazy.
    6. Re:Further proof by Phragmen-Lindelof · · Score: 1

      I assume you also read Science Fiction (and Science writings). In a few million years, "human" will not mean what it means now even if we stay on this planet. My point was just that the previous poster could not know the optimal form of human organization.

    7. Re:Further proof by edbarrett · · Score: 1
      See friendofishmael.org for more information.

      I swear I parsed that url as friend-o-fishmael.org. Can I get that supersized, please?

    8. Re:Further proof by Bluesman · · Score: 1

      Funny, as an American, I wouldn't expect to go to Japan and have my kids not assimilate. I'm sure they'd become "Just another Japanese" within a generation or two. Why would it be any different in the U.S.?

      Sadly, being an American obviously holds little value to you. I hesitate to ask why you stay.

      --
      If moderation could change anything, it would be illegal.
    9. Re:Further proof by myowntrueself · · Score: 1

      The invention of the 'nation state' is one of the worst things to happen to the human race in the last 10,000 years, barring epidemics such as black death or spanish flu. Maybe.

      I'd be inclined to put disease organisms and national governments in the same category of vileness.

      --
      In the free world the media isn't government run; the government is media run.
    10. Re:Further proof by Anonymous Coward · · Score: 0
      "Funny, as an American, I wouldn't expect to go to Japan and have my kids not assimilate. I'm sure they'd become "Just another Japanese" within a generation or two. Why would it be any different in the U.S.?"

      Ah... like we all assimilated into the Native American civilizations that were here when we came from europe?

      "Sadly, being an American obviously holds little value to you. I hesitate to ask why you stay."

      I'd say America has a pretty long-lasting tradition of newcomers wiping out the culture that's present at the time and replacing it with their own, or some hybrid thereof. Seems to me, for better or worse, it's happening again.

    11. Re:Further proof by warrax_666 · · Score: 1

      Evolution does not find a global maximum for "fitness". It finds a local maximum for "fitness" -- exactly where this lies is a question of initial conditions and some degree of randomness. Therefore your 'experiment' is meaningless.

      --
      HAND.
    12. Re:Further proof by saden1 · · Score: 1

      Sadly, being an American obviously holds little value to you. I hesitate to ask why you stay

      umm...where in the post does it say being an American has no value? The person stated that they are merely becoming just another American. Becoming "just another" of anything isn't exactly a good thing.

      I think you take you patriotism way to seriously. Chill!!

      --

      -----
      One is born into aristocracy, but mediocrity can only be achieved through hard work.
    13. Re:Further proof by Phragmen-Lindelof · · Score: 1

      Actually, I do not believe it "maximizes" for anything. (If you can point to sources in the biology or mathematical biology literature which supports the view that evolution optimizes anything, I would be interested.) I suspect that "randomness" plays a larger role than most people understand. However, one popular impression is "survival of the fittest" and I wrote from this point of view. The original idea that an optimal form of human organization exists is silly; only people like psychologists believe things like this :).

    14. Re:Further proof by Anonymous Coward · · Score: 0
      Funny, as an American, I wouldn't expect to go to Japan and have my kids not assimilate. I'm sure they'd become "Just another Japanese" within a generation or two.

      Not unless they're ethnically Japanese. Japan hasn't succumbed to the imperial ideal, and so it remains a nation-state, meaning the unification of a nation and a state. The nation is the Japanese people (i.e. people of Japanese ethnic origin), and the state is Japan. If you're not ethnically Japanese, you're not Japanese. Full stop.

      In Europe, there's still an ongoing debate between those who favour the nation-state concept and those who favour building a new empire. I oppose the imperial view, and hope Europe will remain a collection of cooperating nation-states. I fear, however, that a new empire is being built.

    15. Re:Further proof by Anonymous Coward · · Score: 0

      Evolution also assumes that the environment will shape the species. Insofar as humans are now able to shape the environment, it is the environment which is evolving, and not humanity.

    16. Re:Further proof by Hanzie · · Score: 1
      I'd be inclined to put disease organisms and national governments in the same category of vileness.

      Hey, disease organisms are just trying to live and reproduce, same as you. Governments, on the other hand, just try to absorb all excess wealth and wield complete power over their subjects.

      I really think an apology to disease organisms is in order.

      Come to think of it, if I had to choose one group or the other to hate me, I'd take governments. Disease organisms are rarely lazy or incompetent, and can never be bribed.

      --
      ********* sig: If you don't like the law, get filthy stinking rich, and buy a better one.
    17. Re:Further proof by myowntrueself · · Score: 1

      "I really think an apology to disease organisms is in order."

      Yeah true true...

      My apologies to all viruses, bacteria and protists everywhere, you are benign compared with government.

      --
      In the free world the media isn't government run; the government is media run.
    18. Re:Further proof by vivian · · Score: 1

      Unless the majority of your ancestors are gnetically Japanese ( ie. about 15/16), you will never assimilate.
      You can live in Japan 20 years, marry a Japanese wife, speak the language perfectly, but you will *never* be Japanese, and new Japanese will still remark at how well you use chopsticks.

      Furthermore, any kids you have that are born in Japan will still need to carry a "gaijin card" (Alien registration card) as will your grandkids.
      I met 3rd generation "immigrants" in Japan in the alien registration office (that you have to go to each year to renew your card) that sure looked Japanese (but were actually of Korean descent), but still apparently had to go through this beuraucratic process on a regular basis.

      Even Japanese/Brazillians moving back to Japan have difficulty apparently - and they have either 1 parent or several grandparents that are Japanese.

      I have heard that it's easier to become a citizen though if your father/grandfathers are Japanese (as opposed to your mother being Japanese)

    19. Re:Further proof by hoover · · Score: 1
      ;-) I chose this site because the "original" authors site (see sig) happened to be down at the moment, sorry for that.

      About the other poster saying I haven't performed the experiment, just ask tribal people (where we have until now chosen to leave them alone) if they would like to live like us (no horror stories of cutting off female parts and the like, please).

      While they might have a set of laws and customs in place that fits their lifestyle perfectly, funnily enough they don't go out to conquer the world and tell everyone that they should live like them.

      That's exactly what our culture does (and has done) on a global scale for the last 10,000 years, simply because our form or agriculture (of which there are many) produces so much human "surplus" that expansion into other tribe's territories becomes a necessity and part of the tribal vision.

      This success is rather short-term of course, as obviously our food-fueled population explosion will not last very much longer simply because we'll run out of resources if we continue on that path. Colonization of other planets won't help a lot, either.

      Exponential growth simply is not sustainable, not for animals and not or the human species on a whole.

      --
      Ever wondered whats wrong with the world? http://www.ishmael.org/
    20. Re:Further proof by warrax_666 · · Score: 1

      I can't be bothered to find any references, but it seems rather obvious to me that microevolution and natural selection is a type of local optimization (i.e. find the set of genes which maximize survival rate within a species). Even if the survival of an individual in a species is 90% pure luck and 10% natural selection, the species as a whole will tend towards a local maximum (the 'location' of which is dependent on the initial conditions and random chance) -- it will just do so more slowly that if it's pure natural selection. This ignores other external factors such as changes in the environment and/or competition/predation by other species, etc., but these have not been terribly relevant to human evolution for at least a few thousand years.

      I wasn't actually arguing with the original assertion that there isn't an optimal form of human organization; I was just pointing out a flaw in the "experiment".

      --
      HAND.
    21. Re:Further proof by edbarrett · · Score: 1
      Even Japanese/Brazillians moving back to Japan have difficulty apparently - and they have either 1 parent or several grandparents that are Japanese.

      The one thing that really took me by surprise when I was (barely) studying Japanese was that people of Japanese descent, born outside of Japan, when returning to Japan, had their names spelled using katakana rather than the original ideograms.

      Katakana is generally used to spell words borrowed from other languages.

    22. Re:Further proof by Phragmen-Lindelof · · Score: 1

      I do not think we have serious disagreements but this is an interesting question.

      Before going on with this, I am happy to note that my "PhD grandfather" just received the Abel prize.

      Anyway, we can use systems of ODEs or PDEs to model populations and evolution or we can use stochastic process models (or other things). In some of these models, stable (local) equilibria may not exist and more intertesting things can happen. Do we have data on what actually happens in "nature"? My research involves PDEs and systems of PDEs but applications to biological systems is of great interest.

    23. Re:Further proof by Anarcho-Goth · · Score: 1

      ...of how government is tied to big busness regardless of political affiliation.

      It is called Fascism.
      Mussolini said he would prefer it to be called corporatism.

      --
      I hate Liberals and Conservatives.
      If you are a Liberal or a Conservative, then HAVE A NICE DAY!
      Courage.
    24. Re:Further proof by Anarcho-Goth · · Score: 1

      Maybe humans aren't meant to live in "large organizations", leaving them stranded without a culture to pass on from generation to generation for thousands of years?

      Under the new world order we'll have a culture.
      Unfortunately it will be a monoculture.

      I hope it doesn't come to that but it is already forming.

      --
      I hate Liberals and Conservatives.
      If you are a Liberal or a Conservative, then HAVE A NICE DAY!
      Courage.
  38. Force compliance, don't impose a fine by ahodgkinson · · Score: 5, Interesting
    • "It would have been better to levy no fine, but to force Microsoft to provide these interfaces into the public domain. This would allow the possibility of real competition. Allowing Microsoft to remain in control in any form over the interface disclosure leaves the competitive landscape unchanged."

    Why not an injunction instead of a fine? Removing less than a billion dollars from Microsoft's $50 billion in cash isn't going cause Microsoft to do anything differently. At most it will be a embarrassing publicity problem.

    The EU's goal is to provide a competitive environment where other companies will have chance. This can only be done my making Microsoft compete fairly, which means forcing a change in their corporate behavior. This won't happen by confiscating 2% of their yearly revenues.

    Microsoft has shown multiples time that it is unwilling to do business on a level playing field. So instead of a fine, how about immediately imposing an injunction on Microsoft making it illegal to sell their products in Europe until they comply with the EU's terms. I think this is the only way to get them to change their corporate behavior.

    --
    ---- It won't be as bad as you fear or as good as you hope, but it will take twice as long as you plan.
    1. Re:Force compliance, don't impose a fine by Anonymous Coward · · Score: 0

      Because this is not about enforcing the law. This is about getting money from Microsoft. They'll be a lot happier if Microsoft keeps on giving them excuses to fine them than they will if Microsoft stays within the law. This move is pretty transparent---politics as usual.

    2. Re:Force compliance, don't impose a fine by firewood · · Score: 1
      how about immediately imposing an injunction on Microsoft making it illegal to sell their products in Europe until they comply with the EU's terms. I think this is the only way to get them to change their corporate behavior.

      That would also hurt the 80+% of EU business which use Windows and need to expand, buy new PC's, etc. How about temporarily voiding MS copyrights on their illegal OS (but not bundled stuff such as media player, et. al. so it won't hurt their commerial competitors also), making the OS free to be copied until they comply?

    3. Re:Force compliance, don't impose a fine by Anonymous Coward · · Score: 0

      It's fun to suggest all kinds of draconian measures, but the EU competition bureaucracy is limited by EU law. They cannot just think up any punishment they like, they can only punish by fines and order corrective action limited to the specific complaints they were assessing. For example, the reason MS can ask for a reasonable price for the API specifications is that the EU commission cannot order them to part of their property without fair compensation.

    4. Re:Force compliance, don't impose a fine by ratsnapple+tea · · Score: 1

      I think it's a pretty clear signal that if Microsoft doesn't compete fairly in the future, then they can be expected to get hit again with more fines. "Hey Ballmer, you better clean up your act or you're gonna be donating us another $600M!" So in a way, yeah, it's forcing a change in their corporate behavior.

    5. Re:Force compliance, don't impose a fine by pinkocommie · · Score: 1

      Not if the same act netted them 601+ million? (minus costs obviously :))

    6. Re:Force compliance, don't impose a fine by Anonymous Coward · · Score: 0

      Heh, patriotism evidently trumps anti-MS feeling here.

    7. Re:Force compliance, don't impose a fine by plugger · · Score: 1

      I expect a court would note this and maybe see it as contempt. Just double the fine every time they try it on, they'd soon learn ;-)

  39. Re:wait a minute by Anonymous Coward · · Score: 0

    what weed were these people smoking, huh?

    Probably the same shit you need to cut back on, seeing as that was (almost) the only sentence in which you mispelled no words.

  40. Damned if you do... by morgajel · · Score: 2, Interesting

    Damned if you don't.

    I honestly can't see any way to win at this point, and it sucks. There is no way microsoft can be punished. even levelling record setting fines, microsoft still makes out good. This was supposed to be a punishment, not giving them any sort of leverage.

    aw hell, I just don't care any,ore.

    --
    Looking for Book Reviews? Check out Literary Escapism.
    1. Re:Damned if you do... by Daniel+Dvorkin · · Score: 1

      The way Microsoft's corporate behavior could be moderated, quite successfully, would be to break it up into separate companies, as the DoJ wanted to do back in the days when we had a DoJ that was more concerned with things like antitrust laws than with calico cats and bare boobies. But of course, no European court has the authority to impose such a penalty on a US company, so don't expect anything to change any time soon.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    2. Re:Damned if you do... by urmensch · · Score: 1

      The way to win is to not to punish microsoft but to contribute your time and effort (as much as possible) to promoting the only real rival to microsofts power. Give each new person that gets shafted by the softies a real alternative and the situation will quickly change.

    3. Re:Damned if you do... by Endive4Ever · · Score: 1

      You live in a fantasy world where your self-created parodies of your opponents have overshadowed reality.

      Now, personally, I think thats a fine place for you to be. Keeps you out of trouble and an amusement to watch.

      --
      ---
    4. Re:Damned if you do... by Daniel+Dvorkin · · Score: 1

      No, I live in a world where we have a religious fanatic for an AG who would be an amusing self-parody if he weren't so damned scary. Every time I think Ashcroft has reached the limit of wackiness, he pulls out some new trick. Nothing I or anyone else could say about him would be wilder than the truth.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  41. It is unfortunate by cgenman · · Score: 4, Insightful

    It is unfortunate... unfortunate that the DOJ didn't do thier jobs properly the first FOUR times, allowing this company to continue to behave in an anticompetitive and illegal manner with nothing more than a wink and a nudge.

    Why can't I get away with abusive and immoral practices for 25 years, leading to nothing but becoming the richest man, and company, in the world? Am I not rich enough? Is my industry not new enough to be beyond the law?

    While limited one of many particular aspects of Microsoft's behavior, I applaud the EU's ruling. If anything it was too limited in scope... hopefully other cases will follow. Let's see, there is DrDos, BeOS, Word compatibility, IE, per-cpu licensing, OS only licensing, No naked licensing...

    1. Re:It is unfortunate by Jeff+DeMaagd · · Score: 1

      per-cpu licensing,

      Huh?

      A great deal of software companies have per-cpu licencing on operating system and database software, and charge up the wazoo for it, why hold it against Microsoft? It costs more to develop and test multi-cpu software, so the ones that have multiple CPUs should be the ones to pay for it.

    2. Re:It is unfortunate by Anonymous Coward · · Score: 0

      That was per-cpu sold, not per cpu that actually had windows on it. Unless I'm confusing my timeline, during the point after Microsoft was reprimanded for having "windows only" as part of their OEM contracts, they started charging all of their clients for every machine sold whether or not it had Windows on it. This had the effect of stopping anybody from pre-loading OS2 on a segment of their line, as every copy of OS2 would cost as much as Windows + OS2.

      It was called per-cpu pricing, but they could have chosen any other arbitrary piece of the computer. It was also called anticompetitive and illegal, but Microsoft was given a very slight slap on the wrist for it.

    3. Re:It is unfortunate by Anonymous Coward · · Score: 0

      In 1994, MS and the DOJ came to an agreement that stopped per-machine licencing. It was the violation of this agreement (in other ways) that lead to the big anti-trust case in the late 90s. All part of the process.

    4. Re:It is unfortunate by drinkypoo · · Score: 1
      The amount you pay per CPU is out of proportion to the amount of effort employed adding SMP support to an operating system. When you get into obscene numbers of processors, I'm sure that's not true any more, but for 2-4 processors it can't make much difference frankly, given how many licenses of that type they will sell.

      On the other hand, they should be free to license their software any way they like, and people should feel free to buy something else. It's true that until fairly recently there hasn't been much alternative on the PC, but then, there's alternatives to the PC for many (most) tasks.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:It is unfortunate by cgenman · · Score: 1

      In 1994, MS and the DOJ came to an agreement that stopped per-machine licencing. It was the violation of this agreement (in other ways) that lead to the big anti-trust case in the late 90s. All part of the process.

      Yes, the process of Microsoft violations coming so rapidly and repeatedly as to pose too much of a moving target for the DOJ. Forget punishing them for what they used to do, look what they're doing now. Oh, they're not doing that anymore, look now! Oh, now they're doing something else. New case!

    6. Re:It is unfortunate by plugger · · Score: 1

      Why can't I get away with abusive and immoral practices for 25 years, leading to nothing but becoming the richest man, and company, in the world?

      If you were a significant source of foreign revenue for your national economy, you might well find that your freedom of action was considerably widened too. Maybe cynical, maybe true as well.

  42. It is too hard on MS... by kevlar · · Score: 1

    I have to agree that the punishment does not equal the crime. Since it is so heavy-handed I have to look at it like the EU wants to punish America, rather than Microsoft for its actions.

    Any time an arbitrary amount is handed out like this, there is usually an ulterior motive.

    1. Re:It is too hard on MS... by gl4ss · · Score: 1

      uhhuh, too hard for the crime?

      it's just a 'standard' fine, it just happens that microsoft is a multi(ten)billion company.

      there have been fines going to the hundred millions before for _much_ smaller abuses of dominance in the market place(for way much smaller companies).

      it's not like the officials didn't try to get ms to change it's ways by talks before(hey, most companies do that and still get fined when in similar position ms is in - why should they get special treatment?).

      --
      world was created 5 seconds before this post as it is.
  43. WMP's by laejoh · · Score: 0

    1. the US will try to convince all the planet Europe still has WMP's
    2. the US will invade us
    ...
    3. WMP's won't be found in Europe

  44. I'm not surprised, but a little sad... by Pecisk · · Score: 1

    How much US goverment and politics are on Microsoft and other big corps money. It is not democracy anymore, officially. And no, for Microsoft it is not a harsh fine. It is what it really deserved. Billy, world doesn't belong to you, remember it!

    --
    user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  45. This just in. by PierceLabs · · Score: 1

    America calls DOJ ruling unfortunate as well. Just becaue Microsoft got away with a slap on the wrist here doesn't mean that they should in other countries who apparently have clearly more stringent rules governing monopolists.

  46. Re:wait a minute by happyfrogcow · · Score: 0, Troll

    your' sis th ewrost post evre.

  47. How About Some Calculations. by jetkust · · Score: 1

    Well lets see. To recoup this fine, Microsoft would have to sell 3,424,581 xboxes, 3,065,000 copies of windows xp home edition, or 1,228,456 copies of office. Yep, doesn't sound like peanuts to me. I doubt microsoft nets much more than than in an entire year, maybe less.

    1. Re:How About Some Calculations. by deman1985 · · Score: 1

      Let's not forgot that the XBox, XP Home, and Office are only three out of the hundreds of different products which Microsoft sells. There's also XP Pro, 2000 Pro/Server, SQL Server, VS.net, etc, etc, which all make more profit per sale than most of the consumer products combined. $600 mil is still a lot of money, yes, but it won't hurt Microsoft in the least. I bet their stock is going to go down, though.

    2. Re:How About Some Calculations. by Anonymous Coward · · Score: 0

      "I doubt microsoft nets much more than than in an entire year, maybe less."

      Are you trolling? Surely you can't be serious.

      Take a look here... http://finance.yahoo.com/q/ta?s=MSFT

      You'll see MS's Market Cap is close to $300B. Let that number sink in.

      If you look here ...
      http://finance.yahoo.com/q/is?s=MSFT&annual

      You'll see annual revenue is about $33B, they had a operating margin of $13B and a net margin of about $10B.

      So you see, this fine is approximately 2-3 weeks of profits. Sweet deal for Microsoft.

    3. Re:How About Some Calculations. by Copperhead · · Score: 2, Informative
      Well lets see. To recoup this fine, Microsoft would have to sell 3,424,581 xboxes, 3,065,000 copies of windows xp home edition, or 1,228,456 copies of office. Yep, doesn't sound like peanuts to me. I doubt microsoft nets much more than than in an entire year, maybe less.

      According to the BBC, the file is equal to 5% of their 2003 income...

      --
      Your reality is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever. - Baron Munchausen
    4. Re:How About Some Calculations. by Copperhead · · Score: 1

      sorry... s/file/fine.

      --
      Your reality is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever. - Baron Munchausen
    5. Re:How About Some Calculations. by robnauta · · Score: 1

      ====
      Take a look here... http://finance.yahoo.com/q/ta?s=MSFT

      You'll see MS's Market Cap is close to $300B. Let that number sink in.

      If you look here ...
      http://finance.yahoo.com/q/is?s=MSFT&annual

      You'll see annual revenue is about $33B, they had a operating margin of $13B and a net margin of about $10B.

      So you see, this fine is approximately 2-3 weeks of profits. Sweet deal for Microsoft.

      ====
      You are a fool. Market cap is the number of outstanding shares multiplies by today's stock price. Those shares are the ones bought by ordinary people. It means nothing.

      Also, revenue and profits mean little for a listed company, as they pay a big part of that profit as dividend to stockholders.

    6. Re:How About Some Calculations. by Anonymous Coward · · Score: 0

      Nice to call names without proof.

      Market cap is important because it is a measure of how the market views the company's worth; it determines the bond rating and hence liquidity.

      Moreover the profit numbers simply show the size of the company compared with the fine size makes this fine "peanuts".

      Doesn't matter how many names you me, those are facts. Stop sticking up for Microsoft without any sort of proof of metrics.

  48. What has this got to do with the DoJ? by csteinle · · Score: 5, Insightful

    My understanding of US government is somewhat lacking, but what does this have to do with the DoJ? MS broke EU rules, and the EU has made a decision based on that (right or wrong). It probably does have something to do with whatever department(s) handle foreign trade and relations, but what way is that the business of the DoJ?

    1. Re:What has this got to do with the DoJ? by nonameisgood · · Score: 2, Interesting

      Nothing at all.

      It is posturing, just as we'd do if an American citizen were sentenced harshly in a criminal case overseas. We would not really interfere with the case, but someone from State or Justice would poke their nose in to let them know that we are watching.

      And then there is the whole "stop interfering without ability to sell government" thing.

      --
      Faith is the very antithesis of reason, injudiciousness a critical component of spiritual devotion. Jon Krakauer
    2. Re:What has this got to do with the DoJ? by Imperator · · Score: 2, Interesting

      The DoJ brings antitrust cases on behalf of the federal government. They tend to have an opinion on which companies are violating antitrust laws and which ones aren't.

      (You're right that in theory, the State Department (foreign ministry) should be the one engaging in diplomacy, but there are so many facets of foreign relations that other departments like to handle their own little parts of the pie--assuming the subject is not too sensitive. Trade is generally under the aegis of the Commerce Department, but again this is an antitrust issue rather than a trade issue.)

      --

      Gates' Law: Every 18 months, the speed of software halves.
  49. Yes, PEANUTS by clickster · · Score: 5, Insightful

    $500 million is enormous to most companies, but it's 1/80th of the CASH that MS has in the bank. Not 1/80 of the company's total value, 1/80th of the amount that they can write a check for. Most companies would give far more than 1/80th of their cash if it meant that was the cost of maintaining a monopoly. From a cost/benefit standpoint, MS is getting off easy. That's why certain European countries have started making traffic fines a percentage of a person's income, rather than a flat rate for everyone. $150 will make me think twice about speeding, but it's the price of lunch for a millionaire. It's the same for MS. Let me ask you this. Let's say you lie, cheat, and defraud people in a completely illegal manner for years until you've become the richest man in the world. You have $40 billion in the bank. The fine for having done all of that is $500 million. Do you think that's excessive? You get to keep the other $39.5 BILLION that you extorted from people. In the world of individuals (as opposed to corporations), thieves, extorters, and embezzlers don't get to keep what they've stolen. But MS does. At least 79/80ths of it. Peanuts my friend, peanuts.

    --
    If you mod me down, I shall become less powerful than you could possibly imagine.
    1. Re:Yes, PEANUTS by froschmann · · Score: 1
      You get to keep the other $39.5 BILLION that you extorted from people. In the world of individuals (as opposed to corporations), thieves, extorters, and embezzlers don't get to keep what they've stolen. But MS does. At least 79/80ths of it. Peanuts my friend, peanuts.

      Alright, I am no fan of Microsoft. That said, accusing them of having stolen all their money is slander. They aren't thieves; they just practice unfair business practices. They are worlds away from a common thief, so don't compare them.

    2. Re:Yes, PEANUTS by vidarh · · Score: 2, Insightful

      How is "pracising unfair business practices" that have resulted in anti-trust convictions because they have illegally overcharged people for billions better than being a common thief? If it's slander against anyone to call Microsoft thieves, it would be against thieves, not Microsoft.

    3. Re:Yes, PEANUTS by actiondan · · Score: 2, Insightful

      Alright, I am no fan of Microsoft. That said, accusing them of having stolen all their money is slander. They aren't thieves; they just practice unfair business practices. They are worlds away from a common thief, so don't compare them.


      So a broke father who steals some food for his kids is a worse person than a company exec who uses illegal practices to make more profit and thus increase the value of their shares?

      Crime is crime no matter how much money the criminal has.

      Dan.

    4. Re:Yes, PEANUTS by Shakrai · · Score: 1
      They are worlds away from a common thief, so don't compare them.

      Yeah common thieves have (or used to have) an honor code. Honor among thieves and the like. I highly doubt Microsoft has any such thing.

      You do the common thief a disservice when you compare him to Microsoft.

      (Am I being insightful or funny? You decide.)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    5. Re:Yes, PEANUTS by clickster · · Score: 1

      So are you agreeing with the comparisons to extrorters and embezzlers. And you're right. It's not like being a common thief. They can only steal from one place at a time. MS extorts money from everyone at all times. Look at their contracts with major PC vendors. Now why is it so hard to buy a major-brand PC without an OS?

      --
      If you mod me down, I shall become less powerful than you could possibly imagine.
  50. MOD PARENT DOWN by Anonymous Coward · · Score: 0

    Completely and utterly pissed.

  51. The Administration by InodoroPereyra · · Score: 3, Interesting

    How much can a change in the political administration of a country influence its Justice ? In theory very little. The independence of these powers is essential to a democracy. In practice, the US DoJ changed from prosecuting a monopolist corporation (with B. Clinton) to: first letting go, and now publically defend, the same monopolist (with the current administration, which shall go unnamed ;-). Quite a change, quite a change ...

    1. Re:The Administration by Anonymous Coward · · Score: 0

      You left out the prosecuting administrations failed attempt at extortion of campaign funds from MS before the trial.

    2. Re:The Administration by Anonymous Coward · · Score: 0

      In the past, there was some resemblance of balance in the branches of the governments. But now, the White House is Republican, the majority of the Supreme Court are Republican and the majority of the Senate and the House of Representative are Republican. There are no check and balance between the branches anymore. Whatever the White House wants, the White House gets. How do you change it? For a start, you can go out and vote. Make yourselves heard.

    3. Re:The Administration by Anonymous Coward · · Score: 0

      You're an idiot. Prosecution of Microsoft as a monopoly started with G.H.W. Bush. It was dropped when Clinton got elected after a healthy contribution from Microsoft. Later on, Jim Barksdale from Netscape managed to talk the Clinton administration into turning it into a popular political issue and to turn the steam on higher than it was before. As soon as Clinton did that, the economy started a downturn from which we haven't yet recovered.

      Yes, after that, G.W. Bush got a bigger contribution from Microsoft than Gore did, but Gates isn't a Democrat or a Republican. He's just trying to support who'll do Microsoft the least harm, no matter what else he might disagree with the politicians on.

      I hate Microsoft, but not to the point where we nuke our economy with frivolous politics. That's insane.

    4. Re:The Administration by Anonymous Coward · · Score: 0

      Yeah, it was actually a bi-partisan shakedown because many in politics felt that Gates and Microsoft was not "doing their part" (giving campaign contributions). Newt Gingrich was quite blatent about saying so.

      Gates personally is actually fairly liberal, but now he's just playing the game that he has to.

    5. Re:The Administration by Endive4Ever · · Score: 1

      Actually, Gates is a fiscal and social Liberal, and has views that hew more with the Democrats than the Republicans. Granted, he's the Warren Buffet kind of liberal, but he's no Republican by any measure of the word.

      --
      ---
  52. Wrong message??? by nizo · · Score: 3, Insightful

    According to Assistant Attorney General Hewitt Pate, the fine 'may send the wrong message about antitrust enforcement priorities'.
    You mean something like the EU pursues antitrust violators while the US doesn't?

  53. Re:What the EU did was perfect, f*** the DOJ. by MyHair · · Score: 4, Insightful

    What it shows me is that the EU cannot be bought as easily as the US can.

    A slightly more cynical wording: It shows that the EU cannot be bought by a US company as easily as the US DOJ/presidency can.

  54. What blockade? by glrotate · · Score: 1

    There is no blockade of Cuba. Only a law forbidding Americans from doing business with them. Other countries can and do trade with them.

    1. Re:What blockade? by Anonymous Coward · · Score: 0

      and that law contravenes numerous UN resolutions, making the US a rogue nation. we need regime change now!

    2. Re:What blockade? by Anonymous Coward · · Score: 0

      That is a blatant lie. If you trade with Cuba and visit the US you can be detained and face trial for it.

      If you are a company you cannot trade in the US and with Cuba.

  55. It is NOT a fine. It is a TAX. by Shivetya · · Score: 2, Interesting

    First off, it is not a fine. No government ever accesses a FINE. They only tax. They just call it by different names.

    Second, the remedies are good in regards to making them separate out the audio/video players. Though in context MS should have been congratulated if it impeded someone from getting REAL.

    Back to the main point. Fines are taxes. Every consumer will being paying this "fine" for Microsoft. I don't care if you use Linux, Mac, or nothing at all. Your paying. Think of it as an embedded tax. It looks good in the press as an "evil corporation" is getting punished but tell me what corporation pays any tax? They don't, hence they don't pay fines either. You pay. Corporations make money, anything that reduces that profit is still paid for by the people bought the product or did business with someone who did.

    The EU was on the right track but they may have given MS some advantages that it would have never had otherwise.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  56. Samba Protocol, not API by Anonymous Coward · · Score: 0

    The example about Samba cant be right.. or the writer got the words wrong.

    SMB is a protocol, not an API. .Net contains alot of APIs tho.. so does Windows, so Mono and Wine would not be happy about this.

    If the story teller is right that is.

  57. "Convicted Monopoly" by Gothmolly · · Score: 1

    Except being a monopoly isn't a crime. Call me a nitpicker, but too often, especially among the Slashdot crew, Big Evil Business is seen that way by virtue of its Bigness. The Bigness isn't the crime, forcing competitors out of the market typically is.

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:"Convicted Monopoly" by Prince+Vegeta+SSJ4 · · Score: 1
      Maybe I summarize too much in my responses. But this is what I mean when I sy Monopoly. (I have not Shepardized this case of course) --

      In U.S. v. Grinnell (384 U.S. 563)

      Mr. Justice DOUGLAS delivered the opinion of the Court.

      This case presents an important question under Section 2 of the Sherman Act, which makes it an offense for any person to "monopolize any part of the trade or commerce among the several States."

      The offense of monopoly under Section 2 of the Sherman Act has two elements: (1) the possession of monopoly power in the relevant market and (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident.

  58. maybe shoulda coulda by SlashDread · · Score: 1

    Big deal. Mr DOJ, while you worry about maybe shoulda coulda, the EU will focus on fact OK?

    Now go wash yer mouth with oily ashes.

    "/Dread"

  59. Department of (In)Justice by JosKarith · · Score: 0

    "It seems that the DOJ thinks Europe was too hard on Microsoft in its anti-trust ruling.. According to Assistant Attorney General Hewitt Pate, the fine 'may send the wrong message about antitrust enforcement priorities'"
    Spot who's Sweaty Ballmer's shower bitch.
    "You bent over to pick up the money, Hewie. Now bend your as right back over again..."

    --
    'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
  60. Supposed to be funny? by Anonymous Coward · · Score: 0
    The European Commission's order for Microsoft Corp. to ship a version of Windows without the Windows Media Player could stifle innovation and help Microsoft's rivals instead of promoting fair competition, the U.S. Department of Justice's antitrust chief said Wednesday.
    It's a very bad thing when the head of the DOJ's antitrust division is in bed with Microsoft. You can tell they are because of the crying over "innovation". Every time I see that word all I can think of is Bill and Co.

    The best part is "help Microsoft's rivals instead of promoting fair competition". As long as Microsoft is free to abuse their monopoly position, there will be no fair competition. Microsoft has shown NO tendency to compete fairly.

    Kudos to EU for a wise decision. I really hope they stick to there guns and don't waffle and let BillG worm his way out of this.
  61. US v (them) by Anonymous Coward · · Score: 1, Interesting

    I think that the DOJ is playing the nationality card here.

    Every Western country has a few corporations which regularly piss all over various aspects of industry, we even have some here in Ireland, Eircom for example has been an obstacle to roll out of broadband, because it (and competition) jeopardised it's monopoly, eventually the likes of British Telecom got involved in the Irish telecoms market and Eircom's monopoly disappated.

    Roll on BT I say, I'm a consumer, the cheaper my broadband the better.

    Same with Microsoft, yes, there is a falling out between the US and EU over Iraq, basically because French oil interests didn't coincide with US oil interests... does this affect Microsoft and it's monopoly over the PC software industry?

    It shouldn't, the facts are this monopoly is bad for the computer industry and while the DOJ in the US may have too many pro M$ lobbyists to constrain it, there are less of those in the EU.

    Probably the fine does relate back to the Iraq war and tensions between the US and EU because of that, but, kids, in the real world, it doesn't matter what the reason is, or how it's done, M$'s stranglehold on technology and the suffocation it puts on it must be broken.

    It's a shame the DOJ didn't endorse this ruling, since a monopoly hurts US consumers just as much as it hurts EU consumers.

    Yes I use Linux and yes... I've read the manifesto of the communist party.

    Ireland... instigating a Soviet invasion of US industry ... any day now.

  62. Go Microsoft! by Anonymous Coward · · Score: 0

    The Bin Laden family has shares in Microsoft Corp.
    Well, thats beside the topic but let them license their API's; EU people are no fools ; they will even turn quicker to Free Software after all :) Especially now the EU has spoken its anti trust feelings, governments will closer investigate Open Source possibilities.

  63. They seem to forget EU new patent law by lazy_arabica · · Score: 1

    In October 2003, the european union voted a strongly amended law whose initial aim was to allow and regulate software patents.

    One of these amendments clearly stipulates a patent doesn't have to be respected when its infringment is needed to permit the connection between several systems. This protects samba, doesn't it ?

  64. Seems to me samba is no worse off than before by xant · · Score: 1

    They've always had to work by reverse-engineering APIs. As long as they can continue to do that, they'll still thrive until the day nobody's running a microsoft server any more.

    Free, published APIs would be nice, but nobody ever had them before. Develop alternatives! Nuff said.

    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
    1. Re:Seems to me samba is no worse off than before by vidarh · · Score: 1

      That's my take as well. In addition, they will benefit from having more Microsoft alternatives available even if they are closed source, as any additional implementation means added pressure for Microsoft to stick to the specs (or anyone depending on the API documentation they've paid for will go whining to the court complaining that Microsoft are violating the judgement), and more software to test Samba and other open source projects against.

    2. Re:Seems to me samba is no worse off than before by Anonymous Coward · · Score: 0

      Reverse engineering may not help. I saw those weaselly words "intellectual property" mentioned in the article. Let's say there's a big fat piece of IP in the interfaces; a nice patent for example on some arcane aspect of the way the server and client shake hands before transferring any files. If it breaks the TCP/IP specs so much the better. Now what are you going to do? You cannot implement your side of the interface without paying up. Microsoft will be very happy to make the interface specifications freely available. That isn't the problem.

  65. How about creating a new OS with similar APIs? by Anonymous Coward · · Score: 0

    Can we create a new OS (call it "ACOS" - Anonymous Coward Operating System) and it just happens be sheer coincidence to have the exact same API as Win 9x/2000/XP
    Do we still have to pay royalty payments then?

    Thomas "fping" Dz.

  66. Re:I still think MS by maxwell+demon · · Score: 1

    Are you from the MS marketing department?

    --
    The Tao of math: The numbers you can count are not the real numbers.
  67. Poor Microsoft, give the company fair competition! by OwlWhacker · · Score: 1

    The European Commission's order for Microsoft Corp. to ship a version of Windows without the Windows Media Player could stifle innovation and help Microsoft's rivals instead of promoting fair competition, the U.S. Department of Justice's antitrust chief said Wednesday.

    Stifle innovation? How the hell does the DoJ come up with that one?

    Help Microsoft's rivals? Isn't this the point? Microsoft has stifled innovation and held back competition for years, its rivals need help to overcome an anti-competitive monopoly!

    Fair competition? You mean, like the way Microsoft gets to bundle all of its own middleware with Windows purely because it owns both the OS and the middleware? How fair is that? How does this help competition and innovation, where people usually stick with defaults as long as they work?

    Why should removing a media player from Windows cause a problem? Like Microsoft said about its competitors, it's easy for the end user to download a media player. Or was that argument only viable when used by Microsoft in a bid to keep WMP part of the OS?

    The U.S. continues to be active in its enforcement of Microsoft's compliance with the settlement and this work has resulted in substantial changes to Microsoft's business practices, according to Pate.

    According to Pate? Yes, but some of us are not living in a dream world and can see that Microsoft is just as anti-competitive as ever, obviously plans to remain anti-competitive, and without the EUs input will have freedom to remain anti-competitive way into the future.

    I think the EU was too lenient.

  68. MOD DOWN TROLL by Anonymous Coward · · Score: 0

    This is the same mithuro.com Troll. MOD HIM DOWN!

  69. My message to Senetor Patty by Anonymous Coward · · Score: 0

    Fuck you. If Microsoft doesn't want to deal with Europe, then they don't have to sell they crappy software there.

  70. What's This To Do With Linux? by pandrijeczko · · Score: 4, Insightful
    Why does everyone mention Linux alongside Microsoft in just about every post about the EU decision?

    Firstly, the ruling is about MS being a monopolist and locking out competitor products from Windows by virtue of the very deep integration of WMP within Windows. This affects commercial products like RealPlayer and some OSS players that exist for or have been ported to Windows - nothing to do with Linux.

    Secondly, this decision slows down MS's plans of dominating the market with licensed DRM software, for which WMP is the "Trojan Horse" transport. This aspect of the EU decision is what really hurts MS, especially if they are forced to license the APIs for those DRM formats.

    However, DRM will affect Windows users first because it will be the codecs inside Windows that get altered or replaced, over a period of time, to stop the playing of "unlicensed" media. Linux users might end up not being able to play DRM media but they'll still be able to play the standard non-DRM formats like MP3, MPEG, etc.

    It would be really nice to hear from a Windows user exactly how he or she feels about having his/her rights to fair use curtailed by Microsoft, the RIAA, etc. because I have never seen a Windows user ever respond to that question.

    Windows users need to remember that a major reason a lot of people use Linux is because they intend to maintain their rights to have full and complete control over the software their machines run - this has always been a core philosophy of Unix that has been carried across into Linux by the Open Source movement.

    Whether MS is fined or not, whether MS exists or not, is of no importance to the majority of the Linux community.

    Unfortunately, it's the poor thinking by the Windows community that will allow DRM to get pushed through that will affect everyone's rights to fair use.

    I've said this before and I'll say it again - if the EU decision holds back DRM in any way, then it's a good decision. End of story.

    --
    Gentoo Linux - another day, another USE flag.
    1. Re:What's This To Do With Linux? by Alternate+Interior · · Score: 1

      How exactly have other applications been locked out of Windows just by WMP being there? I have no problems at all getting iTunes to coexist quite merrily with WMP. MS already does license DRM software for WMP. It's what almost all of the music stores save ITMS use. Now, say the codecs for non-licensed music do get removed. So what? It only affects WMP users. So it's a non-issue. What rights are being curtailed? Everything you pose is hypothetical, and as is, nothing is being denied. Your argument is that Microsoft chooses the defaults instead of asking - most of those who would be asked wouldn't know what to pick anyway.

    2. Re:What's This To Do With Linux? by pandrijeczko · · Score: 1, Insightful
      Imagine that we're 3 or 4 years in the future...

      Every new PC is now Palladium or DRM based. This now means that everything you run on that PC is now verified to be "licensed" or "unlicensed", "secure" or "insecure" by some piece of hardware in on the motherboard.

      You also run Windows Longhorn. Longhorn works in conjunction with the DRM hardware to verify what you're running on that PC and either allows or denies an application to run - together with that data that the application runs.

      You install your iTunes software. That will only run if it has been pre-verified as a valid application on your platform. This means that Apple had to buy a Microsoft license to run the iTunes software on Windows. The cost of that license was passed on to you, the purchaser.

      You want to use an MP3 codec to make some MP3s from a CD you own. WMP in Longhorn doesn't include an MP3 codec because WMA is now the "accepted" standard that also happens to be DRM.

      You find a free MP3 codec on the Internet. However, it's deemed "insecure" by Palladium and Longhorn. You cannot run it.

      You also find that documents you received 6 months ago have been deleted, that email you archived has disappeared and the cool film trailer you wanted to show a buddy has "expired" - again, because DRM has been given the power to decide what you can and cannot run on your PC.

      How does all that sound???

      All the above is technology that is being pushed by MS and certain hardware vendors now. It's being pushed because it makes them more money and they don't give a damn about your freedoms.

      And it all started with a pretty looking Media Player that got bundled with Windows and that most people started using "because it came with it"...

      --
      Gentoo Linux - another day, another USE flag.
    3. Re:What's This To Do With Linux? by Alternate+Interior · · Score: 2, Insightful

      Still hypothetical. It hasn't happened yet. And don't you think that percentage wise, there are enough geeks out there that will blantly refuse Longhorn based solely on that?

      Furthermore, what makes you so sure MS is going to charge for those licenses? MS makes an enormouse amount of software free. As far as I'm concerned, the sheer volume of software available for Windows (From MS and third party) is largely whats ensured its continuing success. If they start charging for licenses, then all that software will cease to exist. Windows will be in the same camp as *nix, only there won't even be a compiler with Windows. That is bad for business - and though you may not agree with their policies, that has always been their attitude. They'll only fuck the customer when its good business, and this isn't.

      And what makes you so sure, while speaking hypothetically, that non DRM-enabled components will cease to exist? As another poster pointed out, the modchip community for consoles is likely what will happen if they do disappear, but again, thats bad for business.

      Even if all you say is right, even then, whats to prevent you from using the top of the line 2006-technology? Athlon-64:II 7200+? So you won't be able to compile for Longhorn. If its that bad, will you really want to? Technology will naturally plateu at that point until DRM is removed.

      It works out either way. But I think the less paranoid version of the future is more likely, as everyone comes out ahead, both financially and in a usability way.

    4. Re:What's This To Do With Linux? by soulhuntre · · Score: 1

      "How does all that sound???

      Like a paranoid delusion. But it's anti-MS and anti intellectual property protection so no doubt you will get a +5.

      Much like trusted ActiveX controls now the end user (or the company admin) of a DRM system will be given the option to grant trust to any third party app they chose.

      However a DRM system WILL stop a lot of worms and so on from being run accidentally. And that is a good thing.

      --
      --> Fight tyranny and repression.... read /. at -1!
    5. Re:What's This To Do With Linux? by The_DOD_player · · Score: 1

      How does all that sound???

      That sounds lame, and it wont happen, ever!
      It wont happen because everyone will think: "this sucks". Plain and simple.

    6. Re:What's This To Do With Linux? by Anonymous Coward · · Score: 0

      "Secondly, this decision slows down MS's plans of dominating the market with licensed DRM software, for which WMP is the "Trojan Horse" transport. This aspect of the EU decision is what really hurts MS, especially if they are forced to license the APIs for those DRM formats."

      The apis for the DRM formats are already licensable. The DRM SDK is available from Microsoft.

    7. Re:What's This To Do With Linux? by dantheman82 · · Score: 1

      As primarily a Windows user (I've also used Linux, btw), I don't see the big problem about bundling Windows Media player into Windows, especially since it has been bundled since Windows 3.1 or so. To change it would probably require Microsoft to change the OS pretty significantly in some places. I personally much prefer MusicMatch over Windows Media Player, but I don't see the big deal as a user. If I'm used to Real Player, I'd download a later version than would (in theory) ship with a new PC anyway. Anyway, any Dell system would usually come with MusicMatch preinstalled anyway with the file associations easily customizable. Just my 2 cents, Dan

      --
      This sig donated to Pater. Long live /.
    8. Re:What's This To Do With Linux? by plugger · · Score: 1

      I don't think that's they way it is supposed to work. From what I read, Palladium is designed to make some data available only when all running code is signed by some trusted authority. You will still be able to use your mp3 player (not while listening to DRM tunes, of course), but you won't be able to patch media player, run custom sound drivers nor run a ripping program while listening to locked-down media.

    9. Re:What's This To Do With Linux? by Anonymous Coward · · Score: 0

      You do realise that if everyone licenses your technology, you might dominate the market?

    10. Re:What's This To Do With Linux? by Anonymous Coward · · Score: 0

      >> It would be really nice to hear from a Windows user exactly how he or she feels about having his/her rights to fair use curtailed by Microsoft, the RIAA, etc. because I have never seen a Windows user ever respond to that question.

      I guess I would have to say that I don't see my rights to fair use being curtailed. I buy/lease/rent a product I live with the conditions they impose or I go somewhere else. Them not giving me what I want isn't curtailing my rights, it is giving me a reason to exercise my right to go else where.

      >> full and complete control over the software their machine run

      You may want that, but for most of what I run I don't. I want a piece of software that works the way I think it should and let me do what I want. For the few cases where I do want total control ... well that is why I am a developer. I can write it myself. I feel the same way about my car, stove, microwave, and television. I just want to hit the switch and have it work. I don't want, or need, the ability to do more then that.

      >> it's the poor thinking by the Windows community that will allow DRM to get pushed through that will affect everyone's rights to fair use.

      What rights are talking about here? What poor thinking? The rights you think you should have? How does the thinking of the Windows community have anything to do with that?

    11. Re:What's This To Do With Linux? by dave.abel · · Score: 1

      "How a Windows user feels about having his/her rights to fair use curtailed by Microsoft, the RIAA, etc."

      On this issue, don't care. Computer (with windows) is used for work. Don't do music / videos, discourage users the same.

      Anyway, surely the largest amount of m$ revenue is from business use, where probably media player is not an issue (or am I being naive. Computers are provided to users to do spreadsheets/wp/CAD/order control etc. Not to enjoy themselves!

      what's a sig for?

  71. Congrats, EU, you just killed Samba! by SysKoll · · Score: 5, Insightful
    You are very optimistic, garcia. All this shows is that the EU wasted an excellent opportunity. They could have requested that MS open up their interfaces. For free. It's not unprecedented: IBM was required (by the US DoJ) to publish their mainframe interfacing architecture in order to allow competitors to provide storage and comm hardware as well as security services.

    Instead of which, the little Commissars of Brussels royally screwed up by allowing MS to levy a fee for their interface specs. Which guarantees that Open Source software won't be able to use them.

    Do you realize what it means?

    Ii means that in one fell swoop, the Commissars kicked OSS competitiors out of MS pathway in the file and print server business. If it has been the result of bribery, I'd say "kudos to the bastards". But here, the incompetent Brussels morons apparently wanted to promote competition in this field. Unfortunately, as good carreer bureaucrats, they completely ignored the technical and market environment and used ideologically tainted views instead of reality as a decision basis. Whatever the intent, here is the result: Samba will be unable to develop new versions to follow MS changes without paying. Which they can't. So Samba will become incompatible and irrelevant. Linux will not be able to interface with future Windows 200x servers. The lock-out will be complete.

    To paraphrase Linus, the destruction of Samba will be "a completely unintentional side effect". Nevertheless, that's what the Brussels Buffoons achieved. Which was to be expected, since after all, they are bureaucrats, not techies.

    Heck, paying $600M for this result is a piffle. MS would gladly have payed ten times that to kill Samba, only people would have cried foul. But I'm sure Balmer is giggling right now: "Hey Bill, look at that, the Linux crowd is cheering 'cuz we have to pay the equivalent of 3 weeks of revenue!" - "Yes, Steve, little do the fools realize that we just completely won."

    Once again, EU snatches defeat from the jaws of victory. And there was much rejoicing (in megacorp orations' board rooms).

    --

    --
    Mad science! Robots! Underwear! Cute girls! Full comic online! http://www.girlgeniusonline.com/

  72. Since When.. by Dunarie · · Score: 2

    did our DOJ start giving out it's opinion on cases in other countries? I don't recall the DOJ having 'bitching and moaning about cases in other countries' in their 'job' description. For most cases they wouldn't even have access to enough of the details to be able to comment.

    Hell, even in this case they could, theoreticly not have enough details to comment. Lets say, maybe, someway, somehow, Microsoft actually did only deserve the slap on the wrist the DOJ handed to them. How does the DOJ know though that they wheren't doing extra illegal stuff in Europe that they wheren't doing here, or did extra illegal stuff since the DOJ case. I mean really, the DOJ doesn't have the right to be commenting on cases in other fucking countries.

  73. You're Way Off by Anonymous Coward · · Score: 0

    Your figures are way off. First off, I seriously doubt they get 5 billion income each year from interest alone. Secondly, if they made 15-20 billion a year selling microsoft office,this means by now they should have hundreds of billions of dollars in the bank (considering this so called >10% annual interest rate their bank is giving them).

  74. Re:wait a minute by ErroneousBee · · Score: 1

    Ive just run it through a spell checker, didnt make much sense even then.

    I think he's saying:

    The ruling ish irrelevant because the MicroSsoft eshMB APIsh are not documented. Evurp'n when they are, the MicroShoft eshMB APIsh achually work differently than the documentation shuggesgsh, hic.

    --
    **TODO** Steal someone elses sig.
  75. HEADLINE: by pergamon · · Score: 2, Funny

    "Slashdot calls DOJ Microsoft Decision Unfortunate"

  76. DOJ has too much m$ stock by Anonymous Coward · · Score: 0

    I take that "unfortunate" means "darn EU competition freaks -- driving my M$ stock down so I can't retire to a house larger than 50 rooms" after we worked so hard to get them off the hook in the US.

  77. ...not hard enough!! by Dewin+Cymraeg · · Score: 1
    You couldn't be more wrong. The money might seem alot to you and me, but to M$ it's just a bit of an annoyance.

    The punishment does not equal the crime beacuse it probably isn't enough money. Punishment is only any good if it hurts! This won't hurt M$.

    It's not that the Microsoft guys are bad people. They're just doing what comes naturally to businessmen: they're trying to beat the competitors however they can and make the most money they can. The fact of being so amazingly successful is bound to be somewhat corrupting. Remember: power corrupts, and in the computing world, M$ are very powerful!

    This is why it is necessary to correct the tendencies of the likes of M$. They must not be allowed to bully the smaller guys out of the market. This is not good for the consumer.

    So, don't take it as an insult to America. Just take it that our justice is not afraid of big business.

    1. Re:...not hard enough!! by kevlar · · Score: 1

      Its a completely arbitrary amount, that makes it bullshit. MS is hardly corrupt or criminal. MS is successful at marketing and meeting market demands for its products. It is good to the communities (here at least) and good to its employees. An $800M fine because they supplied their media player on their cd's for THEIR operating systems is completely assinine.

    2. Re:...not hard enough!! by szo · · Score: 1

      Hardly corrupt? Your very own court found it guilty...

      Szo

      --
      Red Leader Standing By!
    3. Re:...not hard enough!! by kevlar · · Score: 1

      Look up the definition of corrupt. There is nothing corrupt about MS. Antri-Trust laws are wide reaching and broadly defined, so much so that most of the allegations could be applied to _any_ large company, simply because these practices are the way business function. There is nothing inherently corrupt about it.

    4. Re:...not hard enough!! by szo · · Score: 1

      I would resolve your problem like this: the way businesses function is inherently corrupt. Sad way, but nonetheles true. And doesn't make M$ less corrupt.

      Szo

      --
      Red Leader Standing By!
    5. Re:...not hard enough!! by kevlar · · Score: 1

      You have obviously never started or managed a business.

      There is nothing corrupt about MS. You might think they're a pain in the ass (like I do), but MS is not corrupt.

      Enron and WorldCom are corrupt companies. Possibly Texaco or Exxon/Mobil or whoever has been falsely reporting their oil reserve levels, thats corruption. Microsoft is not corrupt. They leverage their status in the industry to market themselves but that is no different from any other large corporation, nor is it "corrupt" by _any_ definition.

  78. Don't guess by tkrotchko · · Score: 2, Interesting

    Here's the place to look:

    http://finance.yahoo.com/q/is?s=MSFT&annual

    You can see their revenue is about $32B/year, and their net profits is close to $10B/year.

    So, the other numbers are off, but the effect is 2 weeks of profit for microsoft. Peanuts.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  79. This fine is completely bogus anyway by melted · · Score: 2, Insightful

    I'll rub the slashdot crowd the wrong way, but I EXPECT my OS to have rich multimedia abilities these days, and I wouldn't like to have Real on it just because Real decides they can force themselves upon me. Who do you think is stirring the shit? That's right, Real. I don't see why any of the European countries would oppose the decision. $100M is a nice chunk of cash, nobody will decline to participate. Next time they decide they need cash they'll say that DirectX shouldn't be there. In 10 years they'll only allow MS to ship bare kernel.

    In my opinion what MS offered them was reasonable - they offered to include competing media players alongside with WMP. For some reason that wasn't enough, and EC decided to screw the innocent consumer by robbing him of convenience of having the best media player on the planet come for free with his Windows purchase, and go through the chores of installing it from the internet.

    If things go well for Real, EC may decide to not only prohibit the distribution of WMP but also force MS to include that POS Real software. It's like forcing Coca Cola to sell _only_ Pepsi products from their vending machines.

    1. Re:This fine is completely bogus anyway by pandrijeczko · · Score: 4, Interesting
      Will you still be saying this when you can no longer make MP3s from the CDs you own, can no longer make legitimate backup copies of the software you paid money for and cannot run the applications you want to run because Microsoft considers it to be "unlicensed" or a "security threat"?

      Don't like RealPlayer? Fine don't use it, but then go find an Open Source or commercial media player that does not dictate what you can and cannot run on your PC - because that's precisely what WMP is starting to do now and will do more and more in the future.

      In that way, you'll preserve your freedoms a while longer... and while you're at it, ditch IE and get Mozilla.

      --
      Gentoo Linux - another day, another USE flag.
    2. Re:This fine is completely bogus anyway by Anonymous Coward · · Score: 0

      Fine. The CD you buy *can* have rich multimedia.

      1) Buy a multimedia pack
      2) Write your own

      Why should *I* pay MS to develop WMP? I don't want it. So, MS should

      1) Empty out from Windows all the extra guff
      2) Sell cut down Windows cheaper
      3) Put all the extra guff in another Plus Pack.

      Advantages to this are:

      1) People who want the MS solution can have it
      2) People who don't want the MS solution don't have to have it
      3) Since the apps are separately sold, they cannot be relied upon to be there (which would be coercion by th emonopoly product).
      4) Since Windows need to be updated over the Web, the bare system should be updatable using anyone else's web browser.

      Note for point 4: if you have a critical upgrade for a common flaw in IE, how do you get the fix without opening up your system to being compromised. If you don't have to use IE to download the patch, you're laughing.

      The EU commission has given back to me the cost of developing programs I do not want. They have not robbed you of anything. If WMP is still free, download the fecking thing. If it isn't, then the cost of the base system should be lower.

    3. Re:This fine is completely bogus anyway by physick · · Score: 1

      "...For some reason that wasn't enough, and EC decided to screw the innocent consumer by robbing him of convenience of having the best media player on the planet come for free with his Windows purchase, and go through the chores of installing it from the internet.""

      Huh?

      If you define "convenience" as meaning you let someone else tell you what software you can use then, yes, the EU decision does reduce this "convenience"

      And, if you define "come for free" as meaning you have to put with defective software that is "just good enough" not to crash once per week, and exposes you to so many security loopholes that I now spend more time trying to patch the OS than I do downloading useful software then, yes, it is a "chore" to have to download an alternative piece of software.

      I think that obtaining products from different vendors who each specialise in a few things, and none of whom actively destroys the investment of the others other than by selling a better product, is worth a loss of the "convenience" of not having everything spoon fed to me.

    4. Re:This fine is completely bogus anyway by gglaze · · Score: 1

      Don't like RealPlayer? Fine don't use it, but then go find an Open Source or commercial media player that does not dictate what you can and cannot run on your PC - because that's precisely what WMP is starting to do now and will do more and more in the future.

      Are you just planning to spread FUD, or did you actually have any evidence to back up a claim like this? I don't know what version of WMP you have, but my WMP allows me to play whatever I want, including ripping mp3s from CDs (using a plugin).

    5. Re:This fine is completely bogus anyway by gglaze · · Score: 1

      1. I'm not sure who told you what media player you can use or can't use, but it definitely wasn't Microsoft. As far as I'm aware, there are no issues with installing any of the leading alternative media players on any current versions of Windows.

      2. I'm not sure what media player is crashing once per week for you, but my WMP has never, ever crashed.

      3. If there really was a "better product" in this category (media players), I would love to see it. Obviously it's not Real - at least no one here seems to be claiming that - that's why this whole discussion is ridiculous.

    6. Re:This fine is completely bogus anyway by endx7 · · Score: 1

      I'll rub the slashdot crowd the wrong way, but I EXPECT my OS to have rich multimedia abilities these days, and I wouldn't like to have Real on it just because Real decides they can force themselves upon me.

      And -Microsoft- decided -they- can force WMP on you. You may not want Real, while someone else may not want WMP.

      In my opinion what MS offered them was reasonable - they offered to include competing media players alongside with WMP. For some reason that wasn't enough, and EC decided to screw the innocent consumer by robbing him of convenience of having the best media player on the planet come for free with his Windows purchase, and go through the chores of installing it from the internet.

      Free? With purchase? No, I'd rather imagine it's included in the cost of the rest of Windows. The software has to come from somewhere, which means you have to pay people, which means you have to charge for it somehow. However, you don't see the cost of it because it's bundled with having to pay for the rest of windows.

    7. Re:This fine is completely bogus anyway by Anonymous Coward · · Score: 0

      Stop forcing your software on me. IE > Mozilla. God, you're as bad as you think Microsoft are... =P

    8. Re:This fine is completely bogus anyway by Anonymous Coward · · Score: 0

      If Microsoft made an offer was because they were going to lose the case. So, if there is no menace, there is no offer.

      'To screw the innocent consumer'. Wait, innocent yes, but not idiot. This is the kind of sentence that it's said when no other point can ve made.

      A last question. How do you define what an OS is? It must have multimedia, you said, but it doesn't need a dictionary? or a spreed sheet? mmmmmh What a difficult question. We'll better let Microsoft define the term OS.

    9. Re:This fine is completely bogus anyway by plugger · · Score: 1

      It does at the moment. TPCA is aimed at stopping you from ripping protected media as much as it is about allowing you to control who sees your documents.

    10. Re:This fine is completely bogus anyway by Anonymous Coward · · Score: 0
      I don't see what the big deal is here. The PC I bought (laptop) came with loads of crap I didn't want installed, and WMP was certainly not the worst of it (I didn't find it as obnoxious as RealOne). That's why I wiped the drive once I got it and installed exactly what I did want.

      The thing most people on /. don't understand, however, is that most people aren't like that. Most people like getting WMP or RealOne, or whatever else is bundled in the systems.

      As for the cost of WMP, of course someone had to be paid to develop it. However, remember that production costs in the software business are insignificant. If the inclusion of WMP makes MS Windows more attractive to a sufficient number of users, then the increased sales will more than cover the development costs, theoretically making it cheaper for everyone.

    11. Re:This fine is completely bogus anyway by RzUpAnmsCwrds · · Score: 1

      Oh. Come on. You can make anything look rediculous by extending it to the extreme.

      Example:

      Original Post:

      The US should introduce a standardized health care system.

      Reply:
      Well, once we get the government involved in healthcare, they will soon be involved in test equipment, telecommunications, manufacturing, and retail. Will you still be saying that when the government owns everything and you have no freedoms?

      Microsoft *can not* and *will not* stop you from making MP3s from the CDs you own. To do so would require DRM technology on CDs.

      What *could happen* is that WMA discs could use WMA-DRM and would only be playable on a single device. Of course, this would never be accepted by the masses.

      "because that's precisely what WMP is starting to do now"

      Huh? Do what? You can run RealPlayer, QuickTime, iTunes, Winamp, or *any other* product on your Windows computer with WMP instaled. It's not "starting" to lock out other players.

      WMP *never* encoded to MP3s. Why? Patents! MP3 is patented. Heck, XMMS in Fedora doesn't even play MP3s because of patent worries. Oh, and WMP *can* encode to MP3 if you get the right plugin.

      WMA-DRM files play on WMP and WMP alone. Just like FairPlay AAC files which only play on iTunes.

    12. Re:This fine is completely bogus anyway by Brad+Mace · · Score: 1
      Who do you think is stirring the shit? That's right, Real.
      Did you expect the people who *don't* care to speak up about this? Of course they're acting out of self interest. It may make them less noble, but not any less right.
      For some reason that wasn't enough, and EC decided to screw the innocent consumer by robbing him of convenience of having the best media player on the planet come for free with his Windows purchase, and go through the chores of installing it from the internet.
      Really? Are you sure? Or was it just the first one you saw and was just good enough that you didn't want to "go through the chore" of trying any others? There could be incredible players out there that surpass anything you'd ever imagined, but you'd never know since you just went with the first thing that showed up. Multiply that by 90% of MS's customers, and you have one monopoly creating another.

      That of course is the whole point. No one should get that advantage. I don't want them bundling 10 different players, and even then it would hurt everyone that didn't make the cut. Ship it without, and let OEMs or the user decide what to put on. Multimedia may be popular, but it's hardly critical functionality.

      If they weren't using their current monopoly to create another, furthering customer lock-in, they'd be allowed to bundle it.

  80. Re:What the EU did was perfect, f*** the DOJ. by jawtheshark · · Score: 1, Interesting

    Tell that to Volkswagen ....

    --
    Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
  81. Re:I still think MS by Patrik_AKA_RedX · · Score: 2, Funny

    Indeed, MS products have a superior number of bugs, a superior rate of crashes per unit of time and a superior use of HD space.

  82. OSS should turn the tables by MrIrwin · · Score: 4, Insightful
    What a network server does is essentially simple and may be realised with well established non IP'able techniques.

    Unfortunately Linux, and *nix in general, appears to have placed importance on an SMB network, the only alternatives such as NFS are still orientated around networking computers rather than users.

    OSS should present and push a simple and credible alternative standard for user orientated networking, get it standardised, and evangelize to the user community the advantages of not having a networked locked into proprietry standards (as if those compelled to upgrade thier NT servers are not allready aware!). MS should be forced to comply by user demand.

    BTW, interesting that one of the few viable alternatives to SMB (as far as integrating on windows is concerned) is Novells stuff, I wonder what thier approach to the problem will be?

    --

    And if you thought that was boring you obviously havn't read my Journal ;-)

    1. Re:OSS should turn the tables by foniksonik · · Score: 1

      Here's an alternative:

      ZeroConf

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
  83. what a bunch of crap by Anonymous Coward · · Score: 0, Insightful

    in other words he doesn't want to loose his job.
    he still want microsoft's money so he has to look good in the press.

    I am sure he has some stock too that is plunging.

    I am embarrassed to be an american and I can't wait till the next election to get these corporate yes men out of power.

  84. The Wrong Message ? Bush and his pussy Judges by Anonymous Coward · · Score: 0

    Bush and his pussy Judges in DOJ ?

    Yes I am flaming.. I am angry and disappointed.

  85. Interoperability anyone? by file-exists-p · · Score: 1

    Isn't there all over the world laws that allow to study protocoles and write softwares required to inter-operate ? If I remember well even the DMCA in the US and the DMCA-like laws in the EU allow such things.

    How can you prevent someone from writing the software required to use the hard-disks on a GNU/Linux box from a Windows machine ? Then, how can you ask for money for that ?

    --
    Go Debian!!!

  86. Re:It is NOT a fine. It is a TAX. by Anonymous Coward · · Score: 0

    So the only way to punish a corporation is what?

    Fine the directors?
    Imprison the directors?
    Close the company down (revoke charter)?

  87. Protectionism by k98sven · · Score: 1

    Anybody who claims that the EU as a whole does not play machiavellian economic power politics with rulings and regulations is a fool. the EU's economic policies are the equivalent of the stereotype of the US's current military ones.. unilateral, self-serving, and ultimately deadly to innocents.

    You're oversimplifying things. The EU is protectionistic in trade issues.
    And I agree that is bad.
    But the US is equally protectionistic, as are most western nations outside of the EU, like Norway and Japan.

    So, it's not fair to condemn the EU's trade regulations in their entiety just because they are protectionistic. Also, there is quite a bit of criticism and controversy over this within the EU.

    Contrast that to the situation in the USA, where the Bush administration is no less protectionistic than the EU. (Imposing tariffs on pig-iron imports, for example)
    Unfortunately, there is little opposition to this in the USA, unlike Clinton, Kerry hasn't been particularily enthusiastic over free-trade either.

    1. Re:Protectionism by mumblestheclown · · Score: 1
      I agree i oversimplified a bit, of course.

      But you pot kettle me an order of magnitude worse by claiming that if the EU is protectionistic then the US et al are _equally_ protectionistic.

      Talk about a massive oversimplification.

      Yes, it's certainly fair to criticize the EU exactly as i just did -- not because I am ignorant to the fact that other countries engage in similar activities, but the fact is that the EU does it considerably more than anybody else that matters on the global scale and the EU's policies unquestionably have more negative effects on the poor peoples of the world than anybody else's (where US protectionism tends to be in more developed industries such as steel, the EU's is rooted in the CAP/agriculture.).

  88. Hypocrisy by plopez · · Score: 4, Interesting

    MS is also engaging in blatant hypocrisy. On one hand, they argued that since they had already had an anti-trust case in the US which they lost that the EU had no reason or right to extend the penalties beyond what was already done. They were already and ONLY bound by the US decision. On the other hand, after losing (or suffering a setback in) the Lindows case in the US (IIRC) they are now jurisdiction shopping across the globe because the US courts did not rule in their favor. Go figure...

    --
    putting the 'B' in LGBTQ+
  89. Re:Even when MS looses [SIC] it wins! by froschmann · · Score: 1

    What are they loosing? Loosening their hold on the market? Loosing the ropes on the captives? Or did you mean losing?

  90. Microsoft Wins! by deck · · Score: 1

    Methinks they protest too loudly! The only reason Microsoft is complaining so loudly is to look as though they have been punished. Often, a person who has been punished will act as if they received a great deal more than they actually did when they know that they should have received harsher punishment. Microsoft would probably be glad to pay the current fine if it would end their anti-trust problems permanently. If MS keeps getting the governments to enfore their monopoly we are all in trouble.

    Additionally from some other articles on the EU/MS debacle, MS seems to think that their "IP" rights trump all law. Their power has become such that they feel they are beyond the reach of law.

    Just to let off steam. What will it be like in 10-20 years when heart pacemakers are based on an MS OS. Will their EULA exclued failure of the device? Will untimely deaths due to the BSOD status (though there is no screen)just be swept under the carpet? If Microsoft has their way, which in the end I think they will buy from our governments the world over, we will all be at their mercy. They are as insidious as the worst governments.

    NUKE REDMOND!(I mean this figuratively. You can say things like that in business; MS does. You know -- "knife the baby","cut off their air supply","cut them off at the knees".)

    The above editorializing and rant were brought to you by all of the letters in the English alphabet, some numbers, and a few punctuation marks.

    1. Re:Microsoft Wins! by Anonymous Coward · · Score: 0

      Erm, have you read the GPL or BSDL recently? Disclaiming all responsibility for a product, even if it's completely broken, is normal in the software industry, and has been as far back as I know. The main reason is that software is still more of a craft than a true engineering discipline.

      If correctness of software was enforced by law (i.e. users could sue programmers for developing incorrect code), virtually all software available today, open- and closed-source, would be pulled. Given the complexity of current systems, the number of competent programmers who would be willing to guarantee the functionality of non-trivial code is vanishingly small.

  91. Stupid comment. by gonvaled · · Score: 1

    M$ can increase products prices - and thus tax customers - to cover the fine _only_ if they do not have competition.

    With competition, they are not able to do it, otherwise competitor's products become more attractive.

    The EU ruling has the goal of keeping competition alive - indiretly making this fine a real fine, not a tax.

    1. Re:Stupid comment. by mdfst13 · · Score: 1

      "M$ can increase products prices - and thus tax customers - to cover the fine _only_ if they do not have competition."

      This is not strictly true. A better statement would be that Microsoft can only increase prices if it was underpricing its product (i.e. charging less than the market will bear) or the judgement changes its market. If anything, the judgement would tend to *decrease* prices it can charge for its products. The OS because it no longer has a bundled media player. The server because it is no longer associated with a client that is bundled in the OS. The media player will stay free, as that is the market in which it competes (with Real and QuickTime).

      Microsoft's prices are not cost bound. If they were, the XBox would be $300 (the cost to manufacture it). Both the server and the OS are priced at levels where the profit margin is over 50%. This decision will not change that. It is simply a transfer from the cash reserves that Microsoft maintains to pay such lawsuits to the EU.

    2. Re:Stupid comment. by gonvaled · · Score: 1

      I think you misunderstand me: my opinion is that MS will not change their pricing policy - short term - because of the ruling. They can not increase it (see below), and they are not yet forced to decreased (too small competition on the desktop - but growing)

      What the market bears is directly related to the number of players that a given market has. Keeping some players alive ensures that MS must consider competitor's products (in features and pricing terms) in order to price their products.

      Even when a company has a virtual monopoly, it is healthy to encourage the creation of competitors, however small they may be. Even though MS has a monopoly on the desktop, they must very carefully price their Longhorn offerings, otherwise their TCO FUD will just explode.

      So I think the ruling will have the effect of decreasing MS OS prices in the long term. They will also have to price separately the Windows Media Player, and eventually they will have to make money out of it (that is, above production costs); the same will happen to other MS products (XBox ...) as they are forced to reduce margins in their cash cows (Windows and Office) by an increasing competition.

      In essence, you kill the cash cow, and then you get a normal company doing decent business once again. The question is how many people will want to make business with MS once they are not forced to.

  92. mouthpiece by www+www+www · · Score: 1
    you know something is wrong when the DOJ sounds like a PR-agent for the evil empire;
    ... risks protecting competitors, not competition, in ways that may ultimately harm innovation and the consumers that benefit from it.

    Double plus good double speak there.

    --

    bring it on! --- JFK

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

      Really

    2. Re:mouthpiece by Anonymous Coward · · Score: 0

      You can make a good case for this, actually. I mean, whether or not I like WMP or DRM, if a DRM-capable codec and WMP were to become standards on all PCs, it would make the development of digital music players much easier.

      You can argue that everyone should use MP3, but the fact is the proprietary codecs from MS, Real, Apple, et al. are better. Also, without DRM support the media companies will never adopt them.

      At the end of the day, most consumers don't care if they're using WMP, Real, QT, whatever. They simply want to listen to their music with a minimal amount of hassle. Protecting Real or Apple from the ability of MS to embed WMP into Windows may seem like the fair thing to do, but that doesn't mean it's good for consumers, wider competition (e.g. among digital music devices) or technological development.

      Note: I'm not saying that the DoJ is right, only that I find the notion plausible. I don't even have a tiny fraction of the data I'd need to be convinced that the DoJ argument quoted in your post is valid.

  93. EU "Win"? by Erwos · · Score: 4, Insightful

    So let me get this straight:
    1. Microsoft has to pay pocket cash to pay the fine.
    2. Microsoft can't bundle Windows Media Player.
    3. Microsoft can now lock out all open-source projects trying to attain API compatibility. Good-bye WINE, Samba, et al.

    Forgive me, but any EU decision which ends up doing significant damage to the free software movement and does minimal damage to Microsoft can't really be considered a "win" for the consumer.

    That's not to mention that, compared to the DoJ ruling, this does NOTHING to reign in their monopolist tendencies. If the DoJ was a slap on the wrist, this was a loving pat on the rump. At least the DoJ got Microsoft to stop abusing OEMs who tried to give choice - all the EU ruling did was protect Real and get some money from a US corporation. If this was a big win for the EU, I can only imagine what a big defeat would be.

    -Erwos

    --
    Plausible conjecture should not be misrepresented as proof positive.
    1. Re:EU "Win"? by BBird · · Score: 2, Informative

      3. Microsoft can now lock out all open-source projects trying to attain API compatibility. Good-bye WINE, Samba, et al. Imho you should be carefull with conclusions like this. All the EC rulling is that if and when there is IP to protect they are entitled to reasonable remuneration. Note that sw patents are not alowed in the EU, so this protection is much smaller that in the US.

    2. Re:EU "Win"? by Erwos · · Score: 1

      What you're missing is, what happens if software patents _do_ become legal in the EU? There is still some genuine fear about this, from what I can see.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    3. Re:EU "Win"? by BBird · · Score: 1

      Specificaly the ruling says:

      "To the extent that any of this interface information might be protected by intellectual property in the European Economic Area, Microsoft would be entitled to reasonable remuneration. The disclosure order concerns the interface documentation only, and not the Windows source code, as this is not necessary to achieve the development of interoperable products."

    4. Re:EU "Win"? by Anonymous Coward · · Score: 0

      let me get this straight.

      1) microsoft develops APIs
      2) microsoft is not allowed to charge a lisence for use of those APIs
      3) now they can (outside of windows)

      make sense to me, to be able to charge for a product that someone else wants to use. Can I have some of your closed source code that u sell and use it in my free version? oh yes and can i have it for free?

    5. Re:EU "Win"? by Brandybuck · · Score: 1

      You're absolutely right. The only reason the EU decision isn't being called a "slap on the wrist" is because of the current anti-US attitude prevalent in Europe and on Slashdot. The world runs on double standards, and this is one of them. If the DoJ had imposed a similar decision there would have been wailing and gnashing of teeth everywhere but Redmond.

      --
      Don't blame me, I didn't vote for either of them!
    6. Re:EU "Win"? by Anonymous Coward · · Score: 0

      No.

      "Publish details of how your different products work together so other products can provide the same level of integration. And no, it isn't one monolithic product, some units are seperable.".

  94. Clinton DOJ antitrust head likes EU deal by tehanu · · Score: 4, Insightful

    In "The Age" article at http://www.theage.com.au/articles/2004/03/25/10799 39782633.html

    the former head of antitrust in the DOJ under Clinton disagrees with the current head of antitrust.

    "But Douglas Melamed, chief of the DoJ's antitrust division in the Clinton administration, said the EU's order made perfect sense.

    "The commission did nothing that strikes me as outrageous or foolish," he said. The fine was appropriate; a good deterrent that "enables you to focus yourself on deterring wrongful conduct rather than trying to regulate it after you find it.""

    The opposing reactions of the two heads of antitrust lends strong credence to the theory that Bush's election did lead to a dramatic change in the DOJ antitrust operations and was the reason why stronger action against MS was dropped.

    Also, Senate Republican leader Bill Frist has hinted at sanctions and a trade war with the EU over Microsoft. According to the article in "The Age" he is quoted as saying:

    "I fear that the US and the EU are heading towards a new trade war and that the commission's ruling against Microsoft is the first shot." and

    "If the US Government does not make a clear and strong objection to the EU actions, we will lose influence and credibility for years to come, to the detriment of the US economy and US consumers,"

    So I guess now support for MS has become intertwined with patriotism and national pride. Yay. I guess for all your Americans out there, remember, according to your beloved Republican Senate leader, the reputation of the US as a nation is now intertwined with that of MS...

  95. Now, what those poor capitalists need.... by Anonymous Coward · · Score: 0

    ...is a union to stand up for them... oh, wait...

  96. Re:I still think MS by Biotech9 · · Score: 1

    Very smart, leave what is soon to be an economy of about 500 million people accounting for over a third of thier business. I for one wouldn't mind if they did go, I don't think DC++ would have trouble importing their latest releases.

  97. I agree by Anonymous Coward · · Score: 0

    Until we see film footage of Saddam Gates being yanked out of his spider hole the nightmare will not be over.

    1. Re:I agree by Anonymous Coward · · Score: 0

      Nah, I blame that Billy Hussein for all the trouble. Resolution 1441 clearly said 'Stop trying to kill competing products'. All you anti-DOJ sissies are in league with the axiom of evil.

  98. What do you expect... by Anonymous Coward · · Score: 0

    The DOJ is so far up GW's ass they dont even need to use their own eyes.

  99. Re:wait a minute by Anonymous Coward · · Score: 0

    Will some one please think beofre they mouth oiff?

    Considering I only have a vague sense of what you were trying to say, I find some delightful irony in this last bit...

  100. Thoughts by RAMMS+EIN · · Score: 4, Interesting

    ``The European Commission's order for Microsoft Corp. to ship a version of Windows without the Windows Media Player could stifle innovation and help Microsoft's rivals instead of promoting fair competition, the U.S. Department of Justice's antitrust chief said Wednesday.''

    Well, yes and no. Disallowing MicroSoft from bundling their apps with the OS gives competing OS and application vendors a competitive advantage. However, this _promotes_ rather than stifles competition, because, as it stands, MicroSoft pulls all the strings. I agree that assymetric measures like this should be avoided, but the system is out of balance and won't function properly until we rebalance it somehow.

    I see it as a punishment; in principle, you are allowed to bundle anything with anything you please, but if you use bundling as a weapon to push competitors out of the market, the court can forbid it.

    Earlier, I objected that bundling is a service to the consumer and should therefore not be limited, but I realize there is a solution: if MicroSoft can't bundle, a third party still can. They could then select the things to bundle from every product on the market, and given enough bundlers, every software gets a fair chance; at least, theoretically.

    --
    Please correct me if I got my facts wrong.
    1. Re:Thoughts by kyoko21 · · Score: 1

      I for one would not buy an European version of Windows because I actually like Windows Media Player version 6.4 :-) If they can unbundle WMPlayer 7.x, 8.x, or 9.x that'd be great :-) Just don't throw 6.4 away!!!

    2. Re:Thoughts by Jagasian · · Score: 1

      If you like WMP 6.4, then consider using Media Player Classic instead, as it is similar to WMP 6.4 with regards to fast performance and minimalist graphical interface. However, Media Player Classic goes beyond that and also supports every media codec out there: Quicktime, Real, Windows, Divx, Xvid, etc...

      MPC is the one player for all. It is also free and open source. It is simply the best media player for Windows... and in fact, it is the best media player for any OS!

  101. Keep your shirts on... by soccerisgod · · Score: 1

    ...and wait how this plays out in court. Mario Monti lost the three last major cases, so it's doubtful if this decision is gonna stand.

    --
    If a train station is a place where a train stops, what's a workstation?
  102. Nice Purchase... by Sfing_ter · · Score: 1

    You have got to hand it to Gates+Balmer they made a great purchase, 600mil for the right to keep anyone from connecting to their software without paying a tax... good one. FSCKing bastardos. Now we know the EU can be bought off... guess we need to keep an eye on what the other hand is doing...

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  103. Re:It is NOT a fine. It is a TAX. by revscat · · Score: 1

    First off, it is not a fine. No government ever accesses a FINE. They only tax. They just call it by different names.

    I don't think this is entirely accurate. Fines are levied as punishment against individuals or corporations as a result of legal proceedings. Taxes are levied against groups or individuals (supposedly) equally. Further, taxes are enacted by legislatures. Fines are typically levied by the judiciary or, in the case of most modern governments, bureaucratic agencies such as the FTC or the FCC.

    Defining taxes as "governments requiring moneys be delivered to them" is in my mind overly simplistic and unfortunately confuses the situation. Specicifity in terms is almost always beneficial.

    Every consumer will being paying this "fine" for Microsoft. I don't care if you use Linux, Mac, or nothing at all. Your paying. Think of it as an embedded tax.

    This, too, is inaccurate. These moneys are going from Microsoft's assets into the EU's treasury. How this affects me -- an American Mac user -- you fail to say. You assert it is true, but do not say how. I have not used a Microsoft product in many years, and therefore the success or failure of their business does not affect me, except in perhaps a "Butterfly Effect" kind of way. If, as a result of this, Microsoft raises the prices of Windows or Office, I and those like me will be unaffected.

    In any event, if Microsoft is indeed guilty, as they seem to be, then justice requires that punishments be levied. The EU did the right thing here. You seem to oppose government actions such as this in toto, and I believe that to be a mistake. Governments can and should levy puntative fines against corporations that do not play by the rules set up by those same governmetns. To do otherwise would make the law meaningless.

  104. OT: your sig by Anonymous Coward · · Score: 0
    Being a soldier means as much about loving war as being a firefighter does about loving fire.


    That is an invalid analogy. A more proper analogy is "Being a soldier means as much about loving war as being a match does about loving fire." Firefighters "fight" wars in order to put them out. Soldiers are tools used to implement war, just as a match is to fire.

  105. What's needed.... by Anonymous Coward · · Score: 0

    ...is a pickup truck and some domestic chemicals.

  106. The Money Trail by brad3378 · · Score: 1

    Where does this $600+ million go?
    who gets it?

    Competitors like SuSE Linux?
    Microsoft customers?
    Goverment pork?
    slashdot user brad3378? :-)

    --

    1. Re:The Money Trail by iapetus · · Score: 3, Informative

      It goes into EU general funds - the same as money paid in by member states. If we assume that it's divided in the same proportions as all EU spending, then the majority of it will likely go to agricultural subsidies.

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
    2. Re:The Money Trail by Anonymous Coward · · Score: 0

      Funny? Informative, more like. The parent is deadly serious (give or take a minor inaccuracy - although the largest chunk of EU budget goes on agricultural subsidies it's actually less than 50%).

      See the BBC News story for more details.

  107. Re:Congrats, EU, you just killed Samba! by hungarian_sausage · · Score: 1

    The EU essentially threw brear rabbit into the briar patch.

  108. Linux by Anonymous Coward · · Score: 0

    I accept the EU's decision on not being allowed to include applications with an installation if it's a binding precedent. Of course, this also means that all Linux distro's must quit bundling apps like media players, games, cd burning software, mail clients, word processing etc.

    Say I wrote a commercial text editor, could I sue Redhat, Suse, Mandrake etc. to force them to remove Emacs, Pico, vi etc from their distro's ?

    1. Re:Linux by Anonymous Coward · · Score: 1, Interesting

      Yes you could (provided that you could show Redhat, Suse, Mandrake etc. were applying their operating systems monopolies so as to stifle competition in the text editor market).

  109. Re:Congrats, EU, you just killed Samba! by BiggerIsBetter · · Score: 1

    It might not be so bad. Even if Samba is toast (which would suck largely), perhaps those who have invest heavily in Linux infrastructure will promote development of a free Windows network protocol that can work effectively with CUPS, NFS, and LDAP. I've often thought that making Linux servers bend over for Windows clients as backwards. Hell, lets see what Novell can bring to the party with their years of similar work with Netware. Even if Samba has been shut out in the EU, Linux has not.

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  110. I don't think so... by DarkMan · · Score: 4, Insightful
    Whatever the intent, here is the result: Samba will be unable to develop new versions to follow MS changes without paying.


    That is just plain wrong.

    Samba team managed to remain interoperable through, what, Win 3.11 even, definitly Windows 95, 98, 98SE, ME, and NT 3.5, 2k, and XP series, without any acess to documentation, beyond what was freely available.

    On what basis does making Microsoft make more information available to some other people make it more difficult for the Samba team to continue to do what they do, for future versions of Windows?

    In short, Samba exists without Microsoft assistance. Forcing Microsoft to help a third party doesn't make it more difficult for Samba, at all.

    (As an aside, given that the EU was only looking at Media players, I think that the API's will only be for Media playing interfaces - thus I don't think that, say, the printing subsystem, will bo covered in all this.)

    Oh, and Samba doesn't _use_ any Windows API's. It uses the SMB protocol, and I've not seen anyone claim that Microsoft's protocols will have to be opened - the equivelent here would be the protocols that cover WMP to server negotiations, I think.

    So, unless you want to point me to something I must have missed, I can't agree with you.
    1. Re:I don't think so... by essreenim · · Score: 1

      I agree and appreciate your comments, this is a problem but,

      Don't be quite so pessimistic. Yes, M$ would undoubtedly charge heavy royalties to 3rd. party software that uses it's API's. Yes, this would be bad for Samba, but what makes you so sure big E.U business will choose M$ over Linux/Unix etx. This really would effect the latter too. Part of the future of Linux etc. depends on communication with the enemy, but we cannot be sure that big business will inevitably choose M$ over Linux although I'm sure many would.

      So what else does this effect or set up precedence for?

      WineX, I presume - big time.
      Transgamings version of the Windows API might not have a future in the E.U. etc.
      Could this mean an end for DirectX games on Linux?
      Could it promote the death of Linux as a future alternative gamimg /3d environment to Windows?

      I don't know. I'm asking you.

      Somebody tell me, cause thats what it sounds like.

      I certainly think $600 million would be a bargain for M$ if thats the case..

      But I do believe in the future if this does happen, the E.U. would introduce legislation to make the delivery of these API's flexible
      and open. Who knows??

    2. Re:I don't think so... by maximilln · · Score: 1

      -----
      Oh, and Samba doesn't _use_ any Windows API's. It uses the SMB protocol, and I've not seen anyone claim that Microsoft's protocols will have to be opened - the equivelent here would be the protocols that cover WMP to server negotiations, I think.
      -----
      Once Windows starts licensing their API for NetBEUI (Samba) filesharing it'll only be a matter of time until the lawyers argue that any filesharing which uses the SMB protocol is making use of the Microsoft filesharing API.

      Chicken-egg argument? Absolutely. In court, however, Microsoft can afford to pay more lawyers to claim ownership of the chicken. Anyone who manufactures eggs must pay royalties to use the chicken API.

      --
      +++ATHZ 99:5:80
    3. Re:I don't think so... by oyenstikker · · Score: 1

      Please correct me if I am wrong, but aren't Windows APIs something that you use when writing code to run on Windows? (And something you copy to make code written for Windows run elsewhere.) Won't this affect Wine, but not Samba?

      --
      The masses are the crack whores of religion.
    4. Re:I don't think so... by maximilln · · Score: 1

      -----
      but aren't Windows APIs something that you use when writing code to run on Windows?
      -----
      That's what I'm afraid that the lawyers will gloss over when presenting their case to judges who don't know a transistor from a hole in the head.

      I'm afraid that Windows APIs will come to encompass anything written to work _with_ Windows, not just on Windows. This will probably come to include file formats and transmission protocols. In the most extreme court case I can almost see Windows claiming ownership of TCP/IP.

      --
      +++ATHZ 99:5:80
    5. Re:I don't think so... by GooberToo · · Score: 2, Insightful

      Except that SMB is a protocol, not an API. On top of that, US law already exists which specifically grants alternate protocol implementations for sake of compatibility purposes. In the event MS thought they had something to move on, precident and law would be against them. They wouldn't have a leg to stand on.

      No, I can't see how this is going to effect project like Samba in the least.

    6. Re:I don't think so... by SysKoll · · Score: 4, Insightful
      I really wish you're right. SMB was undocumented and protected by obscurity.

      But consider this situation now. MS has hired the IBM patent guru, the guy who drove IBM's Intellectual Property licensing from zero to $2 billion a year in a short time. Obviously, MS intends to patent everything they can.

      Enter Longhorn, which already includes a slew of patented techs. Here comes a new patented version of SMB. The specs are available to competitors, as per the EU mandates, and the IP license is available for the reasonable sum of $3000. A mere tip in the IP business. Only, the Samba developer cannot afford it.

      In this situation, I don't see how Samba can be made compatible with Longhorn without infringing IP or patent laws. If you reimplement a patented technology, you are infringing the patent, even if you have never seen it.

      Feel free to reassure me. Please.

      --

      --
      Mad science! Robots! Underwear! Cute girls! Full comic online! http://www.girlgeniusonline.com/

    7. Re:I don't think so... by DF5JT · · Score: 1

      "(As an aside, given that the EU was only looking at Media players, I think that the API's will only be for Media playing interfaces - thus I don't think that, say, the printing subsystem, will bo covered in all this.)"

      That is equally wrong.

      Please read the EU's announcement and you will see that they were explicitly referring to opening the interfaces of workgroup services, including the printing, file sharing and messenging protocols.

    8. Re:I don't think so... by Anonymous Coward · · Score: 0

      Except that samba's interopability enables networks to use a hybrid domain system in their company rather than all windows or all Linux. They will not be attacking samba, it bridges the gap for Linux users as much as it does by keeping people on windows.

    9. Re:I don't think so... by AstroDrabb · · Score: 1

      If the cost is not unreasonable, why couldn't our community come up with the money? Everyone can donate via PayPal or something. Also, if the cost is that low, it would be very, very easy for IBM, Novel or Redhat to give that money to a big OSS project so that the project can purchase the specs. Though I am sure MS wil find some legal loophole to try to stop OSS from using these specs. The big issue will be if MS is allowed to choose who can buy/use the specs.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    10. Re:I don't think so... by afidel · · Score: 2, Interesting

      Besides which CIFS has been documented for some time, it is a standard afterall. Of course what the documented standard says and any given version of windows actually DOES is different, but so what. In fact the more technical members of the SAMBA team know the SMB protocol better than anyone currently working for MS.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    11. Re:I don't think so... by joaobranco · · Score: 1

      Oh yes, we forgot to add a small thing... Besides that US$ 3000 one-time sum, there will be a added 0.5 per installation charge...

      Such a small charge will surely not hinder your open-source plans, would it?

      Goodbye, freedom.

    12. Re:I don't think so... by tiger99 · · Score: 1
      True. Does that leave the way open for some sort of legalaction, such as simple fraud, if someone pays the money and gets a worthless document?

      IMHO the day will never come when M$ does manage to correctly document anything, not at least till the root of the problem, the Chief Software Architect is gone.

      I remember trying to make sense of the MessyDOS (as we immediately named it) manual of the early 1980s which was very difficult to get, had obviously been run off on the office photocopier at Redmond, and was full of errors. (The manual for Bill's bugg-ridden basic was much worse, simply some A4 (or would it have been US Letter) size paper stapled together with a thin card cover, written on a typewriter, in a font that had been smeared by umpteen generations of photo-copying, at least the MessyDOS manual was typeset originally, and in a loose-leaf binder). And that was for a simple, but incredibly messy OS, a mere fraction of the size of the CIFS protocol, for example. Despite Sir Bill's assertions about the number of actual bugs, they never did come even close to eliminating all bugs from the relatively small MessyDOS kernel.

      BTW, are there not advertising laws in most civilised countries? "Common Internet File System" is a completely false description, CIFS, NETBEUI, Windows File Sharing, call bits of it what you will, has nothing at all to do with the Internet. The protocol is not routable, for a start. It is however a major security hole in the majority of Windoze computers that are misconfigured (out of the box, of course). Almost everything my firewall logs is CIFS related.

    13. Re:I don't think so... by jdgeorge · · Score: 3, Interesting

      But consider this situation now. MS has hired the IBM patent guru, the guy who drove IBM's Intellectual Property licensing from zero to $2 billion a year in a short time. Obviously, MS intends to patent everything they can.

      In 2003, largely in the absence of Marshall Phelps, IBM was granted 3,415 patents. The others of the top 10 patent leaders were: Canon, Hitachi, Matsushita, HP, Micron, Intel, Philips, Samsung, and Sony.

      IBM's piece of that was 18.8% of the patents granted to all of these companies in 2003. They do indeed patent "everything they can", and are very agressive about encouraging patent applications from all employees. Their commitment to developing their IP portfolio will not diminish in the absence of Marshall Phelps.

      In short, Microsoft has a LONG way to go before it becomes as dominant in patents as it is in software.

      In this situation, I don't see how Samba can be made compatible with Longhorn without infringing IP or patent laws. If you reimplement a patented technology, you are infringing the patent, even if you have never seen it.

      Longhorn is currently vaporware. It is not yet a problem. Interaction with it is currently a non-issue. In the longer term, Samba may become unable to interact with new versions of Windows. Big deal. Companies will be aware that if they buy software from Microsoft that can't interoperate, they are locking themselves in to a single vendor.

      Feel free to reassure me. Please.

      Microsoft's fight to retain it's current level of dominance has become an uphill battle. GNU/Linux and BSD now present a level of functionality and reliability that Microsoft simply can not match at the current price of its software products.

      For example, the base distribution of Debian GNU/Linux, available for the price of the media, provides functionality that would cost literally thousands of dollars on Microsoft's current operating systems.

      Really, this is probably the most painful (to Microsoft) part of the EU punishment. The issue is largely related to bundling and exclusive arrangements. BSD or GNU/Linux distributions can and do bundle quantities of high-quality free software. This makes Microsoft cringe, because not only are they are being punished for bundling their own software, but because they cannot legally bundle much of the same free software due to licensing restrictions.

    14. Re:I don't think so... by KarmaMB84 · · Score: 1

      "They're obviously using information from one of our lawbreaking licensees!" ;p

    15. Re:I don't think so... by plugger · · Score: 1

      If the specs were to somehow get out into the wild, would reading them taint an OSS programmer? It's not as if they have seen the source code, so there is no question of copying IP into the end product. Whoever leaked the document would be at fault for copying that particular document, but would a 3rd party be guilty of anything?

    16. Re:I don't think so... by torpor · · Score: 1

      If Open Source Software isn't worth 3,000 people voluntarily paying $1 for, simply to keep it safe ... then ... its not good enough.

      In either case (a:Microsoft win/b:Microsoft win slightly less), it doesn't matter: They can -never- compete with Free Software.

      If SMB protocols' can't be used, then good: that makes a market for interoperable filesystem protocols on the Windows platform which haven't been written by Microsoft/ingested by their patent dogs.

      All this hooplah about an old-school software company with so much to lose, fails to recognize one thing: Linux is on a loooong, steady, and infinitely unbeatable march into *everything* ...

      --
      ; -- the corruption of government starts with its secrets. a truly free people keep no secrets. --
    17. Re:I don't think so... by Brad+Mace · · Score: 2, Interesting
      I certainly hope the courts remember about 'fair uses' like compatibility.

      If not, I'm sure someone will come up with a better way to provide the same features. Perhaps instead of trying to interoperate with a windows protocol, we could make a package for windows that provides an integrated nfs client which works just like samba.

      The way OSS is moving, it probably exists already. It's be nice to have windows coming to linux for a change anyway.

    18. Re:I don't think so... by f0rt0r · · Score: 1

      Thank you for clearing that up, I was getting ready to and then saw your post. Most non-programmers do not have a clue what an API is,and there are precious few times a customer of mine cared to hear an explanation. I am glad Samba is still around, though I have failed all attempts to get my management to see the light and try it out. Instead, they asked me to shut down the prototype ( to show how it could work in our company ) Samba server I was running as Linux was not an authorized OS. :(

      --
      I can't afford a sig!
    19. Re:I don't think so... by fferreres · · Score: 1

      They will force Samba to have to circunvent security measures...

      --
      unfinished: (adj.)
  111. Great Positioning by 4of12 · · Score: 4, Interesting

    Even though MS, sitting on US$6e10 cash can easily afford the penalty, I'd say to the EU:

    1. Drop the fine entirely.
    2. Prohibit bundling of new features on top of the basic OS unless all competitors including MS have an equal opportunity to that desktop.
    3. Open the API's to complete, free access to make a level playing field for all comers to innovate on top of Windows, not just Microsoft and not just those willing to sign NDA's or pay a toll charge.

    [I'm a US citizen and I don't think the EU decision is at all out of line. The US DOJ action does not seemed to have increased Microsoft's competition on the Windows desktop or innovation in general by one iota. But we're still getting charged.]

    --
    "Provided by the management for your protection."
    1. Re:Great Positioning by jkarczjr · · Score: 1

      I agree. Operating systems should be operating systems, and any type of media player, web browser, etc should not be "vital" to the functionality of the OS. Thats just bad programming.

    2. Re:Great Positioning by Anonymous Coward · · Score: 0

      Operating systems should be operating systems, and any type of media player, web browser, etc should not be "vital" to the functionality of the OS. Thats just bad programming.

      I think you missed the 'reusability' trend that everyone's been clamouring for in the software industry for the last few decades.

      The web browser reusability argument works something like this: web browsers display formatted text and graphics using HTML. Other applications that run on the OS also need to display formatted text and graphics. Why not use HTML as the format (not a good idea IMO, but that's beside the point)? If using HTML as the format, why not move all of the HTML rendering from the individual applications into libraries that can be shared by all?

      Once you've got dozens of applications sharing the same code for rendering HTML, including, for example, the operating system's help system, you can't bloody well rip it out. UNIX actually has a similar dependency on troff (and Linux on groff): without it, you can't even generate man pages.

      The 'media player' argument sounds a bit dodgy at first, but when you consider that modern PCs are expected to be multimedia devices, with A/V capabilities no less critical than the ability to format and display text/graphics, it's a pretty natural evolution.

      Note that nobody here is suggesting that IE or troff are part of the OS proper, meaning the kernel. They're just user-mode commands/libraries, but so many other tools depend on them that they've become critical to the OS. I don't know if WMP can yet be put into this category, but if not, it's probably only a matter of time.

  112. Re:Congrats, EU, you just killed Samba! by JohnFluxx · · Score: 2, Insightful

    hmm. If the samba people don't get access to the technical documents, then they'll just do exactly what they've been doing all along - reverse engineer.
    How is this going to affect samba team in a negative way?

  113. To pay for royalties... by ClubStew · · Score: 2, Funny

    Here's a thought: try selling software and those royalties wouldn't be so bad.

  114. Re:Congrats, EU, you just killed Samba! by tius · · Score: 0

    Pure cruft...why can't sheeple think beyond what everyone else is barking?!?

    Anyhow, there's a flip side to this scenario:
    One of the big bad boys pushing Linux will by the API specs and push the concerned projects ahead. All because it suites their business needs and will make them money.

    And. Even if this doesn't happen, nothing has changed in terms of the old clean room approach that seems to have been pretty successful so far.

  115. The eu is corrupt too. by steve_l · · Score: 2, Interesting

    Look at the effective encouragement for diesel cars -protects the french car industry against the japanese.

    Look at the Common Agricultural Policy, that preserves rural peasant life at the expense of the rest of the world.

    The EU is pretty blatantly self-serving at times. But it has embraced the Kyoto agreement, and it is not afraid of slapping around companies that overstep the mark. And it monitors those decisions pretty well.

    Maybe it is because there is no president; to buy the EU you have to subvert a majority of countries, and without a big MS presence, none of them can be swayed by the MS creates Jobs story.

    1. Re:The eu is corrupt too. by Anonymous Coward · · Score: 0

      "Look at the effective encouragement for diesel cars - protects the french car industry against the japanese."

      The ruling doesn't say "no Japanese cars". If the Japanese want to make a diesel car and send it over then it would sell. Unless you can show that the Euro MPs took a backhander from the French car industry then I don't see any corruption.

      "Look at the Common Agricultural Policy, that preserves rural peasant life at the expense of the rest of the world."

      Now that's just bizarre. This is the very opposite of corruption. Are you suggesting that the EU have taken a backhander from the peasants and stuffed the corporations by not allowing them to pillage the ancient European landscape? It may well be self serving but it's hardly corrupt. In fact, you've provided an excellent example of how self-service and corruption are two very different concepts.

  116. Re:Congrats, EU, you just killed Samba! by maximilln · · Score: 1

    It won't affect the Samba team but when MS braces it's monopoly to standardize a completely different file sharing API it will provide an avenue to sue the crap out of anyone that reverse engineers the new protocol because they will not have properly paid for the API specs.

    Think about the DeCSS guy. He didn't use the actual code published in the patents but simply reversed engineered the "API" of DeCSS. Under this new EU ruling he wouldn't be guilty of infringing on DVD encryption but rather guilty of making use of something that wasn't properly licensed.

    Perhaps that isn't a perfect example but, if you're thinking with a big corporate mentality, it's easy enough to see how this can be used to quash all competition.

    --
    +++ATHZ 99:5:80
  117. this happens ALL the time. by Anonymous Coward · · Score: 0

    Even if it had something Bush-special about it, I wouldn't be surprised if supporting Microsoft actually CAUSED the disaffected-youth quasi-techie population to vote against Bush.

    Something which is worse than the whole mess to begin with.

  118. It is unfortunate. by Queuetue · · Score: 1

    After all, as everyone should know - jabbing a bull with a fork just gets you crushed.

  119. Re:Congrats, EU, you just killed Samba! by Anonymous Coward · · Score: 0

    It should make it a lot harder for Samba's developers to operate under the presumption that they haven't seen the APIs, maybe.

  120. DRM is here already, get used to it by MrMickS · · Score: 1
    I know that this is going to be deeply unpopular but what is wrong, in principle, with DRM? It is popular to be anti-DRM but in the long run some form of DRM has to be adopted.

    I already have DRM on my P800. Software vendors tie their applications to the IMEI number of the phone. I've used hardware keyed DRM software on Sun boxen since the early '90s. DRM is something that's here and here to stay.

    I'd rather see an open, standardized, DRM solution rather than one foisted on us by a monolopistic gatekeeper that I don't trust, but DRM is going to be an essential part of the electronic future.

    --
    You may think me a tired, old, cynic. I'd have to disagree about the tired bit.
    1. Re:DRM is here already, get used to it by hyphz · · Score: 1

      > I already have DRM on my P800. Software
      > vendors tie their applications to the IMEI
      > number of the phone. I've used hardware keyed
      > DRM software on Sun boxen since the early '90s.

      Although they are forms of DRM, neither of them are the destructive forms that people are worried about. Anyone can obtain a mobile SDK and write software that locks to the IMEI number, and not all software is obliged to do so. Dongles are easily transfered between machines, you can purchase dongles and dongle drivers for software you write, and you can still run non-dongled software.

      The dangerous kind of DRM is the type where one or more of the following is true: a) anything that does NOT use the DRM is banned from use, b) to use the DRM on something you have made yourself requires you to enter an agreement with a certain company or pay an amount of money that is out of proportion with the value of a market newcomer; or c) it restricts your fair use or transfer rights.

      The DRMs you've described break none of these. But many media DRMs break all of them. A and B are dangerous because they close the market for newcomers and competitors to existing publishers. C is dangerous because it establishes a precedent that firms that wish to gain a particular benefit from technology may do so by using a technology that restricts people's legal rights.

    2. Re:DRM is here already, get used to it by plugger · · Score: 1

      It can't be open, otherwise someone would just write a backend to grab the music/video/whatever after it has been decrypted. TPCA is about ensuring that nothing unsigned has access to the stream as it is being processed. At least, that's how I understand it. Correct me if I'm wrong.

  121. Modded as a flame again, I'm sure by nightsweat · · Score: 4, Insightful

    I've said it before. It's been modded as flamebait before. I'll say it again and it's not a flame.

    Anti-trust is DEAD under this administration. It wasn't kicking so strong under Clinton either, but it was alive. Remember the MS suit that was tossed out as soon as the Bush team took office?

    --

    the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
  122. Re:Or, even another possibility by symbolic · · Score: 1


    Some one with deep pockets decides to weigh in and test the validity of Microsoft's arrangement - they end up in court (which is the intent all along), and Microsoft is forced to open up their APIs. It seems like getting anywhere with Microsoft is like a square dance - a step to the right, a step to the left, swing your partner to and fro, but all the while, you're moving closer and closer to the edge. I am confident that Microsoft's arrogance will eventually lead them close enough that they'll stumble and go right over.

  123. Administrations do decide justice by Open+Council · · Score: 1

    In a number of ways ...

    1) appointing new members to the Supreme Court that will "interpret" laws their way..

    2) doing "deals" ..

    a: The Court came up with some punishments for Microsoft, the administration changed, MS was let off with only a wrist-slap.

    b: An energy company charges tens of millions of dollars for energy not delivered ... the governor wants them to pay it back .. the governor is unseated .. new governor accepts 1 cent on the dollar.

    2) The administration can decide to take no action against people or companies whom most of the public think broke the law..

    The admin can also change legislation to remove company's actions from list of crimes.

    its easy

    --
    Paul
    www.opencouncil.org
    Open
  124. BREAKING NEWS! by mrscott · · Score: 1

    Update to the related story: Microsoft will now, in fact, be required to pay the entire fine in the form of peanuts... Planters, specifically.

    Bill Gates, Chairman of Microsoft, was quoted as saying that "[he] and high level EU officials are now in negotiations to determine exactly the kind of peanuts that [they] have to use." Adding, "Personally, I like the 'spicy peanuts', but being very close to the famed Italian phrase 'Thats a spicy meatball' may have trademark implications. Our lawyers are working on that."

    Steve Ballmer, the President of the world's largest monopoly has indicated his preference for honey roasted peanuts since "spicy peanuts just wreck me."

    More to come on this breaking story.

  125. Imagine... by Anonymous Coward · · Score: 0

    > 'American jobs ...' she said."

    Sure. Just imagine all the jobs that would be created if Microsoft was simply deleted from the Universe, tommorow.

  126. Other Cases by Anonymous Coward · · Score: 0

    "We've determined Standard Oil to be a monopoly. However, because so many companies depend on oil, we shouldn't disrupt the industry"

    "We've determined Ma Bell to be a monopoly. However, because so many companies depend on phones, we shouldn't disrupt the industry"

    "Don't worry, we've asked the monopoly to assign top people to oversee their practices. Who? Top people I tell ya!"

  127. Re:Congrats, EU, you just killed Samba! by Anonymous Coward · · Score: 0

    It might not affect the "Samba Team", but it probably could affect Samba USERS.

    In fact, I think some NAS vendors that use Samba already pay MS their kickback. One could seem Microsoft sending a bill to corporations for using Samba.

  128. Microsoft gave Ashcroft $5,000 for his failed by alfredo · · Score: 0, Troll

    Senate bid against a dead man. they also allowed their lobbyist, Ralph Reed to work for the bush selection in 2000. Reed is now head of the Georgia GOP. He was also an Employee of Enron.

    bush was a Mac user, but when MS started giving money and use of their employees, he switched to a Wintel machine.

    --
    photosMy Photostream
    1. Re:Microsoft gave Ashcroft $5,000 for his failed by tiger99 · · Score: 1
      I didn't think that your unelected non-president, and illegal incumbent in the White House had sufficient brain to know what a computer is, far less use one, even a Mac. Our (elected but not by me) Tony B. Liar has a few more brain cells, but still not enough......

      It is sad that Sir Bill has been able to effectively bribe politicians in the US and the UK, including both of those I just mentioned. It is even sadder that the (supposedly) elected rulers are so stupid that they pay any attention to a complete incompetent with an inflated ego, whose only achievemment ever has been to find new ways of creating an Illegal Monopoly.

    2. Re:Microsoft gave Ashcroft $5,000 for his failed by KarmaMB84 · · Score: 1

      Our Supreme Court put a stop to the perpetual recounts and the result at the time showed Bush as winning so he was elected by a slim majority of the electoral college. Just because you don't agree with our electoral system it doesn't mean you have any right to call the man unelected. There have been far worse elections in US history anyhow and those presidents did just fine. :p

    3. Re:Microsoft gave Ashcroft $5,000 for his failed by Anonymous Coward · · Score: 0

      A: he was elected, popular vote is not the deciding factor, NEVER HAS BEEN. rules cant be changed just becasue

      B: he is more intelligent than gore, and way more than you. go get a masters degree, then maybe you could compare

      C: MS, enron etc gave equally to the dumber one (gore) too

      D: you have no idea what you are talking about, but you sure expres those opinions loudly.

    4. Re:Microsoft gave Ashcroft $5,000 for his failed by Anonymous Coward · · Score: 0

      you're a faggot and so is your faggot president

    5. Re:Microsoft gave Ashcroft $5,000 for his failed by Anonymous Coward · · Score: 0

      i'm an american. he is unelected, and stupid, and a faggot, and so are you. fuck off.

    6. Re:Microsoft gave Ashcroft $5,000 for his failed by tiger99 · · Score: 1
      I agree there have been far worse, and will continue to be, is some parts of the world. But, that does not excuse the richest country in the world being unable to run a reliable electoral system. (I hear that the atempts at electronic voting are proving to be very much worse, of course they are mostly based on trash software of very dubious origin, and it is quite wrong to get a Criminal Monopoly of proven incompetence involved in providing such things anyway.)

      The fact is that the final recount showed conclusively that he lost, and the Supreme Court should have allowed the official counting to go on a bit longer, so the world would not have to suffer that warmongering fascist. And no, I am not a communist, and I doubt that the other guy would have been anything more than slightly better. I am just sick of the duopoly of malignant minds, Dubya and our Tony B. Liar, who went to war on the basis of a bunch of lies, which they at the time knew to be lies. That is without excuse, and I hope that in both cases the voters turn out to do what needs to be done. The only difference between the two is that Dubya has a very obvious mental problem, while B. Liar is simply malignant. Then there is his wife, the original Blair Witch, who illegally (not being elected) chairs cabinet meetings in his absence. I don't think the UK has seen such an abuse of power in living memory. At least, we don't seem to hear of misdeeds by Mrs. Dubya.

      Such people only get elected because the public are sick of politics and politicians, and those who care, or even bother to think, are usually too fed up to bother to vote.

      And finally, your electoral system is as stupid as ours, but at least they are different. Two the same as either would be worse.... Civilised countries mostly have proportional representation now, and the blatant bribery of making contributions to election campaigns in return for political favours is mostly outlawed. I admit that the European Pariament is a true pillar of corruption, some of the national governments are OK, others rotten.

      The fact is that is someone was to invent a fair and efficient way of governing a country, they would not start with any of the existing models, and if someone was to pick people suitable for running a country, the existing political parties, of all varieties, would be the last place to look....

  129. Against OpenSource ?!?!? by DrYak · · Score: 2, Insightful

    According to EU :
    "To the extent that any of this interface information might be protected by intellectual property in the European Economic Area(6), Microsoft would be entitled to reasonable ["and non-discriminatory"] remuneration."
    (The word "non-discriminatory" is absent in the english translation, but present in other languages). So according to this Microsoft has not right to sell their API specification too much expensive.
    If they charge too much for their network API, Samba people should be able to attack microsoft because the price is not reasonable and is discriminating against open source project.

    Also about the WMP-free version : "However, Microsoft must refrain from using any commercial, technological or contractual terms that would have the effect of rendering the unbundled version of Windows less attractive or performing. In particular, it must not give PC manufacturers a discount conditional on their buying Windows together with WMP."
    so Microsoft cannot sell WMP-free only 2$ cheaper than other versions.
    And Microsoft cannot force websites to put content in WMV format only, because that will make WMP version more attractiv than the WMP-free version .

    I don't understand the problems DOJ is complaining about

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Against OpenSource ?!?!? by shaitand · · Score: 1

      "(The word "non-discriminatory" is absent in the english translation, but present in other languages). So according to this Microsoft has not right to sell their API specification too much expensive.
      If they charge too much for their network API, Samba people should be able to attack microsoft because the price is not reasonable and is discriminating against open source project"

      First there is nothing in the ruling which actually spells that out. Which means in 7yrs or so when this ruling goes into effect, Microsoft will have to blatantly violate the ruling (read anything less than $4bil per copy of software which uses the API isn't worth taking them back to court over). The concern for samba isn't about paying for access to the api, it's royalties Microsoft will charge on a per copy basis for any software which uses said api. And once said api is readily available and they can charge royalties for it they don't have to maintain a trade secret and it won't matter if samba is an independently coded implementation of the API, microsoft can still sue for royalties.

      "Also about the WMP-free version : "However, Microsoft must refrain from using any commercial, technological or contractual terms that would have the effect of rendering the unbundled version of Windows less attractive or performing. In particular, it must not give PC manufacturers a discount conditional on their buying Windows together with WMP."
      so Microsoft cannot sell WMP-free only 2$ cheaper than other versions.
      And Microsoft cannot force websites to put content in WMV format only, because that will make WMP version more attractiv than the WMP-free version ."

      That's not what it says at all, it says very vaguely that microsoft "must refrain from using any commercial, technological or contractual terms that would have the effect of rendering unbundled versions of Windows less attractive or performing."

      Ideally this would mean they can't only make it $2 cheaper, in reality it means a whole lot of nothing. It's vague enough that Microsoft can fight it off everytime someone attempts to enforce it unless it's the one example they gave. As a result they won't try to enforce it unless it's the one example they gave and possibly not even then.

      "And Microsoft cannot force websites to put content in WMV format only, because that will make WMP version more attractiv than the WMP-free version."

      That's a bit of a stretch, actually making a case you can win against microsoft's lawyers trying to connect anything that doesn't explictly mean contracts regarding bundled/non-bundled copies of windows is hopless/damn near impossible. Common snese and legal sense have nothing to do with one another, you should infer things, the legal ruling mean just what it says and does not have enough force to enforce what it implies, only what it spells out and only then if it's extremely blatant, extremely public, and concerns a huge amount of $$$.

      Note: IANAL, I'm an american and I don't think anybody would argue that it's our citizens who have the most lubricant caked on our bums from previous microsoft reemings.

    2. Re:Against OpenSource ?!?!? by Anonymous Coward · · Score: 0

      Non-discrimintory just means that any open-source project using MS APIs would have to pay similar royalties to closed-source projects using those APIs. In general, that's bad for open-source projects, since closed-source projects usually have more money to spend on royalties.

  130. Re:Even when MS looses [SIC] it wins! by iplayfast · · Score: 1

    AAaaaaaaaaaaaaaaaaahhhhhhhhhh

    HELP!!!

    The Grammer police are after me!

    FYI, it was meant to be a play on words. The idea was that MS would be loosening it's monopolistic hold, and also losing the case.

    And for the other Grammer Policeman, who commented about this showing the US having poorer schools, I agree. I'm Canadian, and the fact that it was an airplane joke, shows the poster (whom I assume to be from a US institution) is not up to the Canadian level of education. :)

    (Just joking again...)

  131. Pay no attention to the man behind the curtain by Tarwn · · Score: 4, Insightful

    EU judgement:
    Ok, so the DoJ doesn't like the way things went down. Neither do I, perhaps for differant reasons.

    I think that in fining MS and then telling them to release the API's, with the ability to charge for said access to the API's, the EU did nothing. Thats right, they made a lot of noise, but in the end they did nothing. Unless you consider forcing MS to open a new market and give some of the profit to the EU courts as something to be proud of.

    Consider: EU court system charges MS a fine. Why does the EU government get this money? Was MS competing with the EU government? Does anybody believe the majority of this money will end up in the hands of the companies MS was charged with pushing out of the market? So free check for the EU courts. Next the EU courts tell MS that they have to allow others to use their API's, but MS is allowed to charge a royalty. In other words, thanks for the cash, here's a slap on the wrist and a way to make the money back.

    So in the end, the companies that MS has forced out of business are still out of business, the API's they wouldn't release before are now released, but still unavailable to those that cannot afford them, and...?

    Maybe next time they will consider not bribing themselves and actually making a decision that will actually help the situation, rather than simply making it look as if they had.

    Taking money away from MS won't do a thing towards getting them to compete equally. Opening closed standards and imposing financial monitoring would only be a start to forcing free competition, but it would go a lot further than forcing MS to sell access to (some of) the API's.

    In the end I think the EU courts basically took a bribe to look the other way. Except where they had the power to really do somehting ere, they were actually the ones that offered and received the bribe, they just made sure the money was coming out of someone elses pocket.

    Amount of Fine:As to the arguments about the amount of the fine, it doesn't matter to MS as long as the amount doesn't affect operating costs. The money will be made back simply by not offering as many special deals on software. MS doesn't even have to raise the retail prices, just the wholesale ones (ie, the real price we pay everywhere but Amazon and BestBuy who carge retail and tell us we're getting a deal).

    OSS:
    No effect. Samba (as an example) hasn't needed the API's this long, and as far as I know they really don't need the Media Player API's. Just a guess.

    --
    Whee signature.
    1. Re:Pay no attention to the man behind the curtain by amorsen · · Score: 2, Insightful
      The whole case was started by competitors who complained about Microsofts behaviour hurting them. The ruling is trying to help the competitors who complained.

      It doesn't do much good for Free Software, but that wasn't the intention anyway.

      --
      Finally! A year of moderation! Ready for 2019?
  132. Re:Congrats, EU, you just killed Samba! by SysKoll · · Score: 4, Interesting
    Even if Samba has been shut out in the EU, Linux has not.

    You're correct, BiggerIsBetter, but keep in mind that most companies have a lot of Windows server. They see the cost going up, as well as security and reliability problems, so they want to deploy Linux without too much trouble. That's where Samba comes in. Samba allows drop-in replacement of Windows servers. It represents one of the main Linux opportunities that open the door to OSS in corporate and small business shops. Remove Samba and all these Windows shops are effectively trapped into MS forever.

    Do you see why Samba is so important and why removing its threat is such a victory for MS?

    Optimistic people think that Samba will continue reverse engineering new MS protocols. But the conjunction of patented protocols and for-pay-only specs makes this a shaky proposal from a legal perspective. I doubt Samba can afford long, protracted legal fights. So this stupid EU ruling might well be the weapon that will keep future versions of Samba from being compatible with new Windows protocols.

    --

    --
    Mad science! Robots! Underwear! Cute girls! Full comic online! http://www.girlgeniusonline.com/

  133. Re:Meanwhile, back in Pedanticville by http · · Score: 1
    if they were using Java it would have been
    thisRuling = null ; //stupid gits
    you're thinking perhaps of C? in which case they should really shorten up the name, because "Identrifiers with external links may be more restricted; implementations may make as few as the first six characters significant." (K+R, appendix A2.3)
    --
    If opportunity came disguised as temptation, one knock would be enough.
    3^2 * 67^1 * 977^1
  134. But EU says.... by DrYak · · Score: 1

    EU says that they have to sell this APIs at a reasonnable and non discriminatoring price.

    Selling it too high in order to kill Samba is definitly a non-reasonnable and discriminatoring price

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:But EU says.... by SysKoll · · Score: 1
      How high is too high? $100? $1000? That's fuzzy. Your outrageous price tag is my regular license price.

      Some people pointed out that the potential Samba killer has nothing to do with this EU ruling, that it is actually the patent protection of future implementations of SMB. They say that all the EU obtained is that MS has to license its future patented networking protocols, which is normal patent licensing business. Tens of thousands of dollar per patent is cheap in this field.

      --

      --
      Mad science! Robots! Underwear! Cute girls! Full comic online! http://www.girlgeniusonline.com/

  135. Re: Slightly OT....... by botzi · · Score: 1

    ......the "require WMP" part.
    I urge anyone that has installed WMP 9 to try deleting/renaming the executable in the player's main directory. I wanted to register MPC for use with IE without going trough the registry and my initial idea was to rename the original executable. Well, guess what, a nice little .dll restores it immediately. (not very difficult to bypass, but still irritating)

    --
    1. No sig. 2. ???? 3. Profit!!!
  136. Poor DOJ... by SphericalCrusher · · Score: 1

    The DOJ is just jealous because they couldn't land such a successful attack on Microsoft.

    They should have one coming up though! With Microsoft's intentions on buying AOL... they had better get in the way. If not, I think they should reconsider letting Oracle buy PeopleSoft.

    --
    "Instant gratification takes too long." - Carrie Fisher
    1. Re:Poor DOJ... by fedux · · Score: 1

      The DOJ is just jealous because they couldn't land such a successful attack on Microsoft.

      I think this is not an attack but a defense.

    2. Re:Poor DOJ... by SphericalCrusher · · Score: 1

      No. I mean they said that because THEY could not land a successful lawsuit in the pass. The EU did though, and I was saying that it made them jealous, so to speak. They were defending their pride. Ha.

      --
      "Instant gratification takes too long." - Carrie Fisher
  137. Dave Barry joke by Anonymous Coward · · Score: 2, Insightful

    The behavior of the US politicians defending MS reminds me of a Dave Barry joke about the Keating Five. "They are known collectively as the `Keating Five' because it would be a serious violation of the libel laws to call them `prostitutes with speechwriters.'"

  138. You missed the point by mdfst13 · · Score: 1

    "If there was any hint of the MS leaked code in SAMBA"

    The API is not code. The API is the interface. Microsoft does not need to claim that there is Microsoft *code* in SAMBA to collect the fee. They just need to claim that someone in SAMBA *looked* at the API specification and used it to develop the code without paying. Further, this does not need to be true. If there is some supporting evidence (for example, a Microsoft employee emailed SAMBA the API), then it might be enough to stop distribution of SAMBA and would certainly be enough to tie it up in court. If the developers are spending all their time in court rather than coding, they've effectively killed the project.

    This is a problem with licensing an API. By its very nature, it's a virtual product. There is nothing to stop someone from illegally copying it and distributing it to one or more SAMBA developers. Further, there is no way to tell if someone came up with a particular protocol via observation or by reading a copy of the API.

    IANAL, but it's also possible that they could claim that the decision gives them the right to collect fees based on the information that SAMBA derives from *observation* of the functionality (no looking at the API/code necessary) or by making up their own method that happens to be the same. That's how patents work. If I patent a method and you develop the same method entirely separately, you still have to pay me royalties. It doesn't matter that you did not rely on my work in any way. The patent protects me from independent development as well as from copying.

    1. Re:You missed the point by plugger · · Score: 1

      Only if SMB/CIFS does something groundbreaking. You can't patent something just because you made it yourself, it also has to do something new, or something old in a novel way.

  139. The first thing that struck me by Inv8r+Zim · · Score: 1

    about the whole MS vs EU case...

    Does anyone think that the aggressive prosecution and result of this case was partly influenced by anti-American sentiment? It's a great opportunity to stick it to one of the USA's biggest and baddest corporations. I'm not trying to be cynical...however I can't help but feel I am correct in this regard. Why, I'd stake bgate's life on it!

  140. Our leaders in the USA are a tad defensive... by Anthony+Boyd · · Score: 4, Insightful
    According to Assistant Attorney General Hewitt Pate, the fine 'may send the wrong message about antitrust enforcement priorities'

    Translation: "Shit, you guys are making us look bad. Stop it!"

  141. Err...so what? by Roger+W+Moore · · Score: 2, Interesting

    Who cares what the US DOJ thinks? It has no power in Europe. It's certainly entitled to its opinion (afterall we Europeans frequently comment on American "justice"). In fact I think its nice to have things this way around for a change!

    1. Re:Err...so what? by Anonymous Coward · · Score: 0

      Actually a lot of people care what the DOJ thinks. Competition authorities have a much better chance of success when they work together, and Monti's case is clearly weakened by these comments, becoming open to suggestions that it's politically motivated (e.g. after a number of high-profile losses, Monti refused to settle because he wants a 'win'), based on flawed assumptions, etc.

      The US DOJ and EU CC have been making an effort to work more closely in recent years. The fact that the US DOJ have not only not endorsed this decision, but have actually opposed it, makes Monti look pretty stupid (something he's actually very adept at). It might not change the outcome, but whoever is responsible for the EU/US split over this has definitely set back some of the progress that had been made in recent years.

  142. Patents? by emil · · Score: 2, Interesting

    I believe that the Samba team is concerned with patent enforcement.

    I remember an article in the past regarding some type of password hashing technique where Microsoft discretely reminded a Samba developer that the Samba code was treading on a Microsoft patent.

    The EU action gets the patent engine rolling.

  143. Re:Congrats, EU, you just killed Samba! by sepluv · · Score: 1
    I hope this is not true and I certainly would not interpret it like that. The press release by the EC seems a bit vague, but my interpretation was that
    "To the extent that any of this interface information might be protected by intellectual property in the European Economic Area, Microsoft would be entitled to reasonable remuneration."
    means renumeration out of the money they were fined not from anyone who uses their interfaces.

    In other words, from an optimistic point of view, I would interpret that as saying that the EC are compulsorarily public-domaining (like copmulsory purchasing) MS's exclusive intellectual exploitation rights (what sort of rights are we talking -- patents mainly I assume?).

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  144. Present US governement and Big Business by Teun · · Score: 1
    To paraphrase a post of a few days ago, you mean things like microsoft.gov and or usgov.com?

    I am truly troubled these statements of some US politicians and officials.

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  145. Wrong message!?! by blanks · · Score: 2

    "may send the wrong message about antitrust enforcement priorities"

    Yeah that message is don't do it or were going to bust your ass! I think their message is right on the money.

  146. DOJ Calls EU Microsoft Decision "Unfortunate" by Anonymous Coward · · Score: 0

    That's interesting as it's what most of the World said when Bush was elected.

  147. 17k a minute profit by Anonymous Coward · · Score: 0


    no they are not ripping anyone off

  148. Does the EU see Microsoft as free money? by CitznFish · · Score: 1

    I guess it's easier to get "grants" from Microsoft in the form of fines, than it is to issue bonds.

    --
    'mmmmmmmmm.... forbidden donut'
  149. Vote democrat? Yeah right by SmallFurryCreature · · Score: 1
    I would vote democrat about the same time as I would vote KKK. Give me a break.

    Look at the political field in europe and you will see that to us the democrats are extreme right wing. Anti-gay marriage being the most obvious at the moment.

    The state has no business telling people how to life and a religion should only be allowed to advise its own followers on how to behave as long as it doesn't violate others rights. I can't quite see how banning people from saying "I choose this person as my partner for life" fits in with this.

    Strangly enough isn't it the republican Arnold Schwarzenegger who is for equal rights?

    No both democrats and republicans are bought and sold. Just look at the sock puppets for the RIAA/MPAAfia.

    Also look at a recent story in france where a EU sock puppet is trying to pull the same stunt.

    The only saving grace in europe is that we are so fucking huge and have so many parties. We got them all, nazi to communist. Hippies to bankers. 99% of the time they are fighting each other and doing absolutly nothing. This is goverment at its best. If something is worth doing by goverment it is worth 10 yrs of fighting. Good things are worth waiting for. Bad things need a lot of time to be wiped out.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  150. Mind your own beezwax! by InfiniteWisdom · · Score: 2, Insightful

    I mean seriously... this is the EU ruling on MS violating european law. What the DOJ really needs to do is STFU

  151. Re:Even when MS looses [SIC] it wins! by Anonymous Coward · · Score: 0

    The spelling police need to question you regarding your mispelling of the word "grammar."

    You have 24 hours to turn yourself in, then we come in hot with dictionaries open in both hands.

  152. Re: Slightly OT....... by afidel · · Score: 1

    Uh, you have windows file protection on, and it's doing exactly what it's told to do, restore a given set of OS files. If you installed an app that downgrade MSVCRT.DLL to an old version the same OS service would have replaced it with the correct version from the dllcache directory, this way stupid installers are less likely to break critical OS components. Origionally MS was going to rework DLL registration so that when an app did something like this it would place the DLL into a hidden system subdirectory under the app's install path and whenever the app was launched it would be given its own private DLL namespace with the versions of the DLL's which it installed. For some reason this was dropped (probably too difficult to make work correctly, consistently).

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  153. Why is the DOJ commenting at all? by n-baxley · · Score: 1

    Why does the DOJ need to make any comment on this issue? It seems like they are only doing this to show support for MS. I would think that with the DOJ currently in an oversight role with regards to MS it should refrain from making any comment at all on what its counter part in the EU does to MS. Doesn't give me a lot of confidence that new stateside abuses will be policed very well.

  154. What are the EU playing at? by tiger99 · · Score: 2, Insightful
    On the one hand they attempt, seemingly quite diligently, to promote Open Source for government use, on the other they create a situation where a Convicted Momnopolist can now demand royalties from anyone who attempts to be interoperable with his trash products.

    And where is the DOJ, their settlement IIRC was supposed to include publishing the APIs (BTW many years after the DRDOS case outlawed the practice of secret APIs which still continues).

    These scumbags have set themselves up as being above all democratically elected (or in the case of Dubya, non-elected) authority worldwide. They must be stopped. Stupidity, ignorance and incompetence by the DOJ and the EU is not what is required, nor is the imposition of a fine so small that it will be paid from the petty cash, or the slush fund to bribe corrupt US senators, without anyone even noticing.

    It is time that someone somewhere dealt properly with this global manace.

    1. Re:What are the EU playing at? by Anonymous Coward · · Score: 0

      They're playing at making it easier for Sun Microsystems and Real to compete with Microsoft, by preventing MS doing things on the desktop that Sun and Real can't do (because they don't own the dominant desktop OS). The paranoid delusions of spotty GNU hippies probably didn't enter into the picture.

  155. Re:It's the (Bush administration) DOJs fault by Scryber · · Score: 1

    You can say it's the DOJs fault, but it should be clarified that it is the DOJ of the Bush administration. The case, as it was brought by the DOJ under the Clinton administration, had more teeth--hell, consider that it was even brought up at all, do you really think the current Attorney General would have started this case?--and indeed even the original proposed remedy by Judge Jackson was to split MS up into parts. (Whether that actually was a good idea is another matter entirely).

  156. Re:Meanwhile, with proper shell quoting by Anonymous Coward · · Score: 0
    Please remember to quote your variables (and backquote output). You're going to get bitten by a name with a space in it one of these days.

    Also quote your backslashes, or they're not backslashes for long.
    for i in *.jpeg ; do mv "$i" "`echo $i | sed 's/\.jpeg$/.jpg/'`" ; done
  157. The only engagement... by Jesrad · · Score: 1

    The only engagement here, is how Patty Murray engages the responsibility of the WHOLE US in this case, by her commenting on how Microsoft's criminal behaviour in the EU profits the economy of the US and creates jobs there.

    Very wise indeed. *clap* *clap*

    --
    Maybe we deserve this world ?
  158. DOJ response normal by Anonymous Coward · · Score: 0

    Its a bit of "we can attack our brother but no one else had better talk smack about him".

    Normal response...not unexpected.

  159. Re:What the EU did was perfect, f*** the DOJ. by Anonymous Coward · · Score: 0

    Right. But Arab dictators are another story...

  160. Buy a linux distro and merge by SmallFurryCreature · · Score: 1
    I thought that was bloody obvious. Even stated that they would continue with their products but base it on linux instead of their own "kernel/OS".

    Smarter people have speculated on this but it would make a lot of sense to see "Novell/GNU/Linux/Window Manager" come out of this.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  161. true by Anonymous Coward · · Score: 0

    Now comes the EU with bite number three: tackling the very concerns that were first raised by the Justice Department, then later raised and rejected after separate hearings involving the non-settling states. Still, the EU ploughs ahead -- second-guessing and overriding the judgment of both the judicial and executive branches of the US government in a matter that concerns management decisions made in the US by a US company. What is worse, the entire process has been instigated by US-based competitors that have failed repeatedly within the American legal system to accomplish what they have been inept at accomplishing within the global marketplace.

  162. Re:Meanwhile, with proper shell quoting by 10101001+10101001 · · Score: 1

    I prefer:

    for i in *.jpeg; do mv "${i}" "${i/%.jpeg/.jpg}"; done

    --
    Eurohacker European paranoia, gun rights, and h
  163. You don't know what Brut Champagne is? by Moderation+abuser · · Score: 1

    Or are you taking the piss? Nah, you have to be taking the piss. That just has to be a troll, but it's a bloody good one. Impossible not to comment on.

    Kudos. Excellent troll.

    --
    Government of the people, by corporate executives, for corporate profits.
  164. Dude! by Duhavid · · Score: 1

    Dont give them ideas!

    --
    emt 377 emt 4
  165. Re:Congrats, EU, you just killed Samba! by Anonymous Coward · · Score: 0

    There is always the good old FTP; which actually works via Internet Explorer as if it was folder based.

    As for Linux boxes accessing Windows... Hmm... why would they ever need to? (I run a Linux network, with a few windows boxes, and I can't imagine a situation where a Linux box would need anything from a Windows box).

  166. the DOJ is at least consistent by swschrad · · Score: 1

    the best feature of washington-captured systems and institutions is that once the are bought off, they STAY bought off.

    and the DOJ was bought off on the "settlement."

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  167. Re:Or, even another possibility by tiger99 · · Score: 2
    Of course it will, M$ has nothing of substance, it is just all smoke and mirrors, and when the shareholders panic and start selling, the end will come quickly.

    The sad thing is that before they reach that stage they are continuing to inflict serious damage on the world economy, destroy productivity, and wipe out honourable and legitimate competitors, and meanwhile some of us at work are forced to use their counterproductive trash.

    I don't know which will start the slide into oblivion, zero uptake of Longhorn (because it will completely break compatability of almost everything, since the API set is cut down to about 20%, still far too bloated), or massive and expensive damage to a large and influential customer as a result of one of their security holes, or maybe something else entirely. The fact is that they are walking a tightrope, and gravity only pulls downwards....

    But it is up to the informed public. As I say about the security hole known as Outlook (Lookout), no-one has to use it, ever. Same with their other trash products. It may well be that the people who specify business software are generally stupid, but I doubt that they all are, and some with embarassing balance sheets (or even some with excellent balance sheets who know they could do even better) will start to trim the expenditure by going to Linux/BSD (I hope they choose both, diversity is a good thing) and OpenOffice.org. They will not be disappointed, word will eventually get round in the business community.

    M$ have already as good as lost a number of countries, when they lose businesses who are household names, the slide will accelerate.

    It all comes down to the well-known fact that you can't fool all of the people all of the time..

  168. Re:Meanwhile, with proper shell quoting by Anonymous Coward · · Score: 0

    The problem is that bash (and thus the bash array construct) isn't available everywhere. I do consulting work on various System V-ish Unices where I have at best an old version of tcsh, and more likely just plain old sh. And where I'm not permitted to install bash (or any other software), even if it's from a Sunsoft package (for instance). You think doing without arrays is a pain - try working all day with no command-line editing beyond the terminal driver. ;)

    There are less keystrokes in the array'd version, but knowing it will work anywhere makes typing the traditional version actually faster - at least for me. Even with all the nested quoting (second nature by now ;).

    In any event you properly quoted the variables in your version, which was the main point.

  169. Shouldn't of course. by Moderation+abuser · · Score: 2, Interesting

    So you get:

    Italian style hard cheese.
    Sparkling white wine.
    Cornish style pasties.

    Which is fair enough. The manufacturers in these regions are justifiably famous for their products and have spent centuries collectively developing their quality and reputation to the point where they are famous the world over.

    You want to make a cheap knockoff and hijack that reputation? Bugger off and build your own name/reputation.

    --
    Government of the people, by corporate executives, for corporate profits.
  170. Re:What the EU did was perfect, f*** the DOJ. by quantaman · · Score: 0

    A slightly more cynical wording: It shows that the EU cannot be bought by a US company as easily as the US DOJ/presidency can.

    You're right, you also need to mention the numerous massive fines the EU has given to European companies to show that the EU cannot be bought as easily as the US DOJ/presidency can.

    (would give a link but I'm too lazy, just glance at the previous stories on this subject for pleanty of evidence)

    --
    I stole this Sig
  171. Re:What the EU did was perfect, f*** the DOJ. by Wiz · · Score: 1

    Last time I recall, it was Sun & Realmedia who have been complaining about Microsoft mostly.

    And they are both American companies!

    As other posts have said, the EU has also fined the crap out of a load of EU companies too so they are pretty fair about it.

  172. Re:Congrats, EU, you just killed Samba! by Anonymous Coward · · Score: 1, Insightful

    So then, if this ruling had not been made, Samba would still be dead by your argument. At no time has Microsoft been required to allow use of their specs for free so reverse engineering was the only way to go. If it becomes imposible to reverse engineer the protocols in the near future that surely is not the doing of this ruling by the EU is it?

    Maybe you would have liked the EU to make MS open up their API's royalty free and they did not, but they sure as hell did more to punish MS's abuses than any other country around.

  173. Redhat/Novell are probably happy. by ron_ivi · · Score: 1
    "Hell, lets see what Novell can bring to the party with their years of similar work with Netware. "

    I bet Novell and Red Hat and IBM bring a expensive-samba-with-royalties-for-patents to the party.

    Note that Novell isn't a charity, and selling interoperability to corporations is exactly one of their strenghts.

  174. Re:You missed one by Thomas+Shaddack · · Score: 1

    EU is not the whole world. There are other areas that are often being forgotten in the discussions; the whole region of Africa goes under the radar, together with South America, and I don't even mention Asia. For all of these, EU is largely irrelevant, together with the USA. They can fork, they have the source, and as long as they publish it, we all have it.

  175. Re:Meanwhile, with proper shell quoting by 680x0 · · Score: 1
    You think doing without arrays is a pain - try working all day with no command-line editing beyond the terminal driver.
    I had that situation back in '89-92 when I worked on Suns from a VT100. My solution was to run Emacs, and open a shell inside that. It also gave me crude windowing, and other cool stuff.
  176. Learn to work on your own protocols by Anonymous Coward · · Score: 0

    Instead of getting things free, open source has to learn work hard and produce something. Trying to force companies open up their source and IP will not be effective. In fact, if Europe ever does something like that Microsoft will show the middle finger to Europe, at the end Linux will be the only choice. That in turn may cause lots of problems since Linux is not a well-tested system, in fact is not stable at all. So this requests are more like idealogical requests. These requests looks more like communism to me, so we should actually try to stop Linux if that's what is after Linux. It is completely wrong in threatening people by attacking them.

  177. The Wrong Message-SCO by Anonymous Coward · · Score: 1, Insightful

    "What stops them is that MS has full access to the SAMBA source code under the Open Source license just like the rest of us. If there was any hint of the MS leaked code in SAMBA, nothing would give MS greater pleasure than to come down hard on the SAMBA team."

    And SCO has had full access to the Linux kernel source code. Didn't stop them.

  178. Re:You missed one by Thomas+Shaddack · · Score: 1

    Make the per-install charge the responsibility of the end user? The dev team will be out of the enforcement game.

  179. Re:You missed one by Thomas+Shaddack · · Score: 1

    Development teams based in law-heavy jurisdictions aren't the most robust way to do things these days. We still have large areas more or less outside the reach of the dirty paws of the lawyers - as I mentioned a while ago, most of South America, Africa, and Asia - with LOTS of people there, whose Net connectivity is getting better every week.

  180. Geographic indicator idea by Thomas+Shaddack · · Score: 1

    Why not officially call the original parmesan cheese "parmesan", and the variants "parmesanoids"? Describes the relation well enough for the customer, while keeping the distinction between the original and the copy.

  181. Typical stupid /. rated insightful post. by Anonymous Coward · · Score: 0

    Typical of the /. mods is that your post was rated insightful.

    You don't even cite instances of why Ashcroft and the DOJ are a problem. This DOJ has done more to reign in corporate greed than the previous. In fact it was that the MS case was so badly mishandled by the previous administration that this one knew it was a lost cause.

    However ignorace and bash-Bush is a /. forte' Always easier to be emotional than factual

  182. Thats because he is still an idiot. by Shivetya · · Score: 1

    He is part of the reason that MS beat the first case. The gross mishandling of that and many other cases simply points out that this guy's opinion doesn't mean jack.

    If anything it should point out everything wrong with it.

    LOOK.

    He would favor it. It adds an embedded tax. That 600M fine is just a tax on consumers by indirect means. Hence it is a favorite means of the left. You pretend to take the high road by taking money from the big bad "EVEEEL" corporation and protecting the little guy. You just convienently forget to mention that the fine really does come out of the little guy's pocket one way or another.

    Real enforcement is to put processes in place to prevent future abuse, to take corrective action to fix past transgressions, and set forth policy that is clear to others.

    Fining is to impress the weak minded simpletons that infest our world.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
    1. Re:Thats because he is still an idiot. by Anonymous Coward · · Score: 0

      Exactly. If you assume a competitive market exists, then a fine against one firm operating in that market will put it at a disadvantage with respect to competing firms. If you assume a monopoly, without regulation of prices, a fine does nothing other than raise money for the organisation imposing the fine, and ensure that it is seen to be doing something.

  183. EU didn't kill Samba. by ttsalo · · Score: 1
    Instead of which, the little Commissars of Brussels royally screwed up by allowing MS to levy a fee for their interface specs. Which guarantees that Open Source software won't be able to use them.

    So, in the future the Open Source developers won't be able to get the specs they never had access to in the past? What's the difference? It sure would have been nice to get all the specs for free, but you think that this "kills" Samba?

    Exactly what law would MS use to prosecute the Samba developers, if they don't license the specs from MS? There would need to be a specific law being broken. Patent law? I don't think that the APIs are patented. Copyright? Samba developers can do cleanroom development to avoid copyright violations. Contract law? They don't have to enter into a contract with MS. Something else? What?

    --

    --
    If the road to hell is paved with good intentions, where does the road paved with evil intentions lead to?
    1. Re:EU didn't kill Samba. by SysKoll · · Score: 1
      Thanks for responding. My fear is that the next SMB protocol version (probably called Whatever .NET) will be protected by licenses and available only to whoever pays a fee. Requesting a fee per installation would defeat the "buy back" scheme that would allow OSS enthusiasts to buy an IP license to implement a Samba update (heck, I donated for Blender).

      The EU could have made sure that MS protocols would be documented and available. Instead, the wording of the agreement seems to reinforce MS's future IP enforcement by explicitely allowing licenses.

      Again, a license fee is of course not exclusive to the EU. However, I find deplorable that Brussels missed such an opportunity to prevent this.

      Say MS comes up with Whatever .NET . It asks for an upfront fee and $3 per CPU implementing a non-MS software compatible with Whatever .NET. That's entirely within the wording of the agreement: $3, now that's a reasonable fee, right, so the EU can't object. Well, Samba could not be legally distributed in this hypothetical situation. They'd have to track and bill each downloader. Curtains.

      Does that make sense to you? Or do you think MS will never patent a newer SMB? If so, why?

      --

      --
      Mad science! Robots! Underwear! Cute girls! Full comic online! http://www.girlgeniusonline.com/

  184. Not surprising by Anonymous Coward · · Score: 0

    This is not really surprising. During major technological shifts like the microcomputer revolution of the 1970s or the Internet revolution of the 1990s, big firms like IBM (1970s) or Microsoft (1990s) are often seen to be standing in the way of the small firms that represent the future.

    When the situation changes, e.g. IBM's humbling by the other PC firms in the 1980s, or the implosion of the loss-making 'new economy' startups in the early 2000s, the regulators often change their tune as well. Harsh penalties against Microsoft probably wouldn't do anything to help the US IT sector, in fact the opposite, but maybe would help the EU IT sector (simply by weakening the US IT sector's power).

  185. Re:This gives me fear! by Anonymous Coward · · Score: 0

    'hostile act''attacked the authority of the United States' 'our government must now engage'...

    Wow, those are the kind of words that precedes a military intervention.

    Tell, fellow americans, this Senator has some authority? Is well respected?

  186. Re:From European coward by Anonymous Coward · · Score: 0

    I hope this is really only a joke.

    Miss Rice or Mr. Rumsfeld have told something about this case?

  187. Mmm... shaved parmesanoids... by Anonymous Coward · · Score: 0

    Somehow I don't think it would take off.

  188. Correct me if I'm wrong but..... by hajihill · · Score: 1

    .....the EU has provided Microsoft with a major victory over its Open Source rivals because it will now be allowed to pursue royalty revenue from the APIs it publishes. Don't most Open Source projects such as Samba come free of charge??? How can you charge royalties if the program is already free? How is this a bad thing for Open Source software... sounds like it simply doesn't matter, for the most part... not that I think MS shouldn't be given the short-end at every possible junction, just that this is really a non-issue. Way to waste your bribe money Gates! >;)

    --
    Of blankness, I know nothing.
  189. Correct me if I'm wrong.... by hajihill · · Score: 2, Interesting
    .....the EU has provided Microsoft with a major victory over its Open Source rivals because it will now be allowed to pursue royalty revenue from the APIs it publishes.

    Don't most Open Source projects such as Samba come free of charge??? How can you charge royalties if the program is already free?

    How is this a bad thing for Open Source software... sounds like it simply doesn't matter, for the most part... not that I don't think MS shouldn't be given the short-end at every possible junction, just that this is really a non-issue.

    Way to waste your bribe money Gates! >;-)

    --
    Of blankness, I know nothing.
    1. Re:Correct me if I'm wrong.... by Anonymous Coward · · Score: 0

      Royalties can be based on profit, turnover, units sold, etc. If I were going to charge the Samba developers royalties for the right to use some code, I think I'd charge either per-unit or a flat fee. However, royalty fees based on turnover and/or profit could conceivably apply to commercial products that include Samba (e.g. Linux distributions that are sold).

  190. It's not protectionist: only the name is protected by blorg · · Score: 1
    No-one is stopping people selling their Parmesan equivalents - they just can't use the name Parmesan, as that is protected. Just like third parties can't make 'Pepsi' or 'Coca-Cola'. You believe that only corporations should be accorded such protection; the EU has a different viewpoint, believing that producers in these areas have invested in their brand over many years, before the advent of trademark protection, and that this deserves protection equivalent to trademarks.

    There is absolutely nothing to stop a third party coming in and making a cheese like Parmesan, which tastes like Parmesan, and for them to build up that brand independently. They just can't use the name 'Parmesan'. And indeed, this happens - for example in Ireland there is a local cheese called 'Regato' which is a Parmesan clone - pre-1992 it used to be marketed as 'the Irish Parmesan'. And it's nice, but it is different, and not Parmesan. In a fit of irony, it is now itself apparently Ireland's only PDO cheese and is apparently doing well in Greece.

  191. Re:Even when MS looses [SIC] it wins! by froschmann · · Score: 1
    ...shows the poster (whom I assume to be from a US institution)

    Yeah, right, I'm American. That would explain why my name is in GERMAN. They really teach you some great reasoning skills over there. Well, that and grammer is spelled "grammar." Glad I'm not up to the Canadian level of education.

    (Just joking, I'm a dirty American pig, but Froschmann is German for frogman... no idea where I got that name from.)

  192. Just some thoughts... by shaitand · · Score: 2, Interesting

    To try to be fair, lets take a look at this whole bundling with the OS issue. I think where we get confused is by calling windows an Operating system, there is an operating system in there but lets not forget that an operating system is a kernel and doesn't even include a way to interact with that kernel (ie shell, gui, etc). Nobody is really claiming that Microsoft should be forced to only distribute the operating system.

    The windows operating system is equivelent to the linux operating system, the main place to go if you want just the linux operating system is kernel.org. No, what we are really talking about here is the Microsoft windows distributions and there is nothing wrong with Microsoft bundling all the software they want with them even if they are a monopoly. The real problem is having all those applications install by default. The default install should include only system level applications (ie the kernel, c libraries, shell and gui, basic set of standard utils for managing files and directories).

    There is nothing wrong with them including all their apps in their distribution if they wanted to, so long as they don't default them in the install. There is no reason to deny them the right to include their browser on the cd, media player, etc. The justification for going this far is that they are a monopoly and I think it would be far enough in this corner of the issue, have a quarterly review of what they want to install by default by a panel which includes various experts from the industry (expert not measured in which fortune 500 they work for, but rather by expertise, Linus Torvalds for instance should be on the panel).

    Their api's, protocols, filesystems, and formats of course should be fully published on the internet as well as all new api's and communications protocols at any point in time for the rest of eternity that their market share in desktop operating systems exceeds 40%, if they go under it and come back up to 40% everything kicks in again. Of course all their api's and protocols, filesystems, and formats cannot be patented and are rendered into the public domain upon creation.

    The fine should be at least to the two of 200 billion as a rough estimate of illegitimate gains from their actions, payable in sums of 1billion per year us dollar equiv (adjusted to factor inflation) payable to a non-profit organization which will use it to fund open-source development. Some system would need to be implemented to get input on what the world needs unlocked from proprietary hands most.

    Anyone else think this would be a FAIR and PROPER way of handling this that would actually have some effect if actively enforced?

  193. Re:Congrats, EU, you just killed Samba! by Anonymous Coward · · Score: 0

    Samba is a non-issue... Samba shouldn't exist because Windows shouldn't exist therefore Samba is of no use. Samba is a non-issue.

  194. The EU ruling is disgusting... by kmweber · · Score: 1
    ...and Microsoft done nothing wrong.

    Why, exactly, is it OK to fine a company for doing one or more of the following?
    • Daring to build its products as it wishes
    • Buying something that, whether you like it or not, people really do want
    • Having the gall to actually set its own terms for the distribution of what it has created


    I could go on...but do I really need to?
    --
    "Other than that, Mrs. Lincoln, how was the play?"
  195. Re: Lets look at samba by Billly+Gates · · Score: 1

    How well does it deal with active directory?

    Samba is about 6 years behind Windows at all times. Before active directory they were just getting Domain controllers to work.

    When Windows200 came it broke it.

    Now right before catch up, guess what? Windows2003 server made changes with the domain controller code and active directory which f*cks samba up all over again.

    Ya, they are doing fine with no help at all.

    PS the DMCA makes it illegal to hack the SMB protocal because a packet sniffer is a copyright circumvention device. The crap that they have to go through is astounding to get anything done.

  196. Re:Meanwhile, with proper shell quoting by welsh+git · · Score: 1

    > Please remember to quote your variables (and backquote output). > You're going to get bitten by a name with a space in it one of these days. So are you - you haven't quoted the inside "$i" which will cause it to fail if a file has 2 or more spaces in a row, for example... And, what about filenames beginning with a "-" ? for i in *.jpeg ; do mv "$i" "`echo \"$i\" | sed 's/\.jpeg$/.jpg/'`" ; done

    --
    Sig out of date
  197. Thanks, guys! by mangu · · Score: 1

    I have put a few improvements in a years-old line in my tips.txt file. The fact is, since I never have spaces in my file names (spaces in file names usually come from ms-word files being named after their first line...), I have never felt the need for proper quoting, but it's good to have it, anyhow. That's what Slashdot is good for: one more little bit of debugging, thanks to Open Source Software!

  198. Re:Congrats, EU, you just killed Samba! by pedrop357 · · Score: 1

    If MS were to patent an entirely new file sharing API and/or protocol that was inoperable with current implementations of SAMBA, wouldn't this new protocol/API also be incompatible with current versions of windows?

    If Longhorn+ can't share files with Server 2003/XP and before, companies may wait a very long time to roll out this new less compatible OS.

  199. Re:Congrats, EU, you just killed Samba! by TheUser0x58 · · Score: 1

    If being forced to levy fees for their opened-up interface specs is such a big win for Microsoft, don't you think they would have done it without the EU telling them to?

    --
    -- listen to interesting music, support independent radio... WPRB
  200. Re:Congrats, EU, you just killed Samba! by BiggerIsBetter · · Score: 1

    I understand why some folks see Samba as important for market penetration. What I'm implying is that Linux may have reached the stage where it doesn't have to be a "drop in replacement" to gain acceptance. That if an OSS server has benefits then users/customers may be ready to change the worstation's network interface, instead of making the server march to the MS drum.

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  201. Other ways to do step 2 by some+guy+I+know · · Score: 1
    2) for i in *.jpeg; do mv $i `echo $i | sed s/\.jpeg/.jpg/ - ` ; done
    More readable/understandable:
    for f in *.jpeg; do mv "$f" "`basename \"$f\" .jpeg`.jpg"; done
    -or-
    for f in *.jpeg; do mv "$f" "`basename \"$f\" eg`g"; done
    Faster (in ksh/bash) (because it doesn't run a program for each file):
    for f in *.jpeg; do mv "$f" "${f%eg}g"; done
    Note the double-quotes, to handle files containing spaces.
    --
    Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
    1. Re:Other ways to do step 2 by some+guy+I+know · · Score: 1
      Whoops!
      because it doesn't run a program for each file
      should be
      because it runs one less program for each file
      All of the methods run the mv program for each file.
      However, both sed and basename are external programs, whereas the pattern substitution (${f%eg}g) happens in the shell itself.
      --
      Those who sacrifice security to condemn liberty deserve to repeat history or something. - Benjamin Santayana
  202. On the contrary, a fine is smart! by musicmaster · · Score: 1

    We have seen several sentences in the US where Microsoft had to change the way it does business. They just kept fighting those rulings until they were made irrelevant by the passage of time.
    With a fine this trick doesn't work, so I think that this is the first punishment that really hurts. OK, it is a tiny amount for Microsoft, but it sets the tune. Maybe the next time Microsoft is on trial in the US the US will consider a fine too.
    I don't expect MS too raise prices for this. They set their prices at the level that they think the market can bear. That won't change, so the prices won't change.

  203. Good food at reasonable prices. by PerpetualMotion · · Score: 1

    When Pepsi is made and bottled in a diffrent country it tastes diffrent and is priced diffrently. Until someone steps on a family's name brand of cheese, or wine, or whatever hoity toity imported exported food stuffs you choose to be worthy of caring about, people just want to eat good food at reasonable prices.

  204. Why is Samba required? by jotaeleemeese · · Score: 1

    What is stopping the OSS world for creating a new protocol to share disks and or directories, or using an open one, create a client and a server for Windows as well as for any OS required (i.e LINUX, Solaris, MacOS or whatever it is called)?

    It baffles me the well intentioned stubborness of the Samba team. Why to dance at the tune of MS if we could make our own music?

    --
    IANAL but write like a drunk one.
    1. Re:Why is Samba required? by Anonymous Coward · · Score: 0

      95% or so of desktop PCs run MS-Windows, which has inbuilt support for SMB. 95% or so of desktop computers can therefore share files with SMB. A few of the users of those PCs might care about your file-sharing protocol, but you can be virtually certain that >90% of PC users would completely ignore it. They have SMB, and it works for them.

      If replacing a defacto standard were as simple as making an equivalent (or even a better) product, the landscape of the IT industry would be completely different. Even something as brain-damaged as NFS is still widely used because it's standard on UNIX (and UNIX-like) systems.

  205. Tollificus! by jotaeleemeese · · Score: 1

    Good rant!.

    I will not point the obvious (why the US would comply with WTO rulings, as it has done in the past), but just congratulate you for an sterling work of missing all the points at once.

    --
    IANAL but write like a drunk one.
  206. point of order sir! by LifesABeach · · Score: 0


    the first mistake is 'microsoft'.

  207. A request for Tiger99 by oz4me · · Score: 1

    Sorry to be off subject Tiger but it is a tad hard to contact you for some vital info I HOPE you have. I saw in one of your postings that you had a script to get ICS working in Xandros (which they did omit by the way) I would rally appreciate if you could supply it to me or tell me where and how you set it up. If you like you could email me driect to oz4me@hotmail.com would appreciate your assistance

    1. Re:A request for Tiger99 by tiger99 · · Score: 1
      Hi oz4me,

      Sorry to keep you waiting. I work and live a long way from home during the week, and the Xandros machine is at home, where I now am. My Slashdot address is my work address.....

      Anyway, here goes:

      First (you probably have done this already) check that your /etc/hosts file contains entries for every machine on the network, in a Win2000 machine for example it will be /Win23/system/drivers/etc/hosts or something like that, it is also called hosts on Win 9x trash but I can't remember where.... If edited by Notepad, watch out for the .txt which will get appended, and rename it correctly in explorer. Exactly the same file format is used (except for the /n, CR+LF oissue at the ends of lines like all DOS to Windoze text conversions). My /etc/hosts under Xandros looks like:

      127.0.0.1 localhost hermione

      192.168.0.1 hermione

      192.168.0.220 scatty

      192.168.0.200 denise

      etc, where hermione is the ICS machine. Every machine should have its own name as the 127.0.0.1 localhost, and should have all machines including its own network interface listed. Naturally they all need to be on the same network address, and the netmask etc in the network card setup also needs to be OK. If you can ping any machine from any other, by name, then that is OK. No doubt you have got all that working already.

      Now comes the easy bit (yes, really!).Make a little shell script,

      #!/bin/bash

      echo "1" >/proc/sys/net/ipv4/ip_forward

      /sbin/iptables -t nat -A POSTROUTING -o ppp0 -j MASQUERADE

      /sbin/iptables -A INPUT -i ppp0 -m state --state NEW,INVALID -j DROP

      /sbin/iptables -A FORWARD -i ppp0 -m state --state NEW,INVALID -j DROP

      Run that file, manually or from one of the startup scripts, and you have ICS and a firewall. If you get the manual page for iptables, you can add any extra rules that you want, but as shown it silently blocks all uninvited incoming connections, just like Zone Alarm. It should work on any Linux with 2.4 kernel or later, with iptables compiled in.

      This of course assumes that your modem link is ppp0, you will want to change that to whatever network address or pppoe device the broadband is on, if you have such.

      I am slightly confused, because I seem to have Firestarter on my machine and don't remember downloading it. It seems to do much the same job, but crashes if invoked before the ppp connection, or left running after going off-line, and I don't know what it does behind the scenes.

      Something to watch out for is that something, in some cases konnect, in others probably pppd, is adding unwanted entries to /etc/hosts each time you connect to a dialup, and not cleaning them out afterwards. I don't know if it happens every time or only if the connection is dropped by the ISP, but they need to be cleaned out periodically, easiest way would be to make a master copy of /etc/hosts somewhere and copy it over the working one. That could be automated, I don't have time to look at it yet, as my first priority is being able to resume interrupted downloads.

      I will be away for a few days, but you might be able to get me at tiger@sardius.force9.co.uk if there are any problems. And, if you want to write that up properly and put it on a web page somewhere, please do, it is not copyrighted.

      Have fun.

      Tiger

    2. Re:A request for Tiger99 by oz4me · · Score: 1

      Thanks very much Tiger. HAve looked at vairous methods but most required the rc.local which Debian does not run. Will give this a try and let you know how I go
      Appreciate your time