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Storm Brewing over Microsoft on the Horizon?

SexyFingers writes "Robert X. Cringely, of I, Cringely discusses one of the last anti-trust lawsuit beleaguering Microsoft. It seems like Microsoft is looking bad on these bouts... words like, lie, dissemble, ignores were applied to Microsoft."

66 of 310 comments (clear)

  1. Nothing will change. by Anonymous Coward · · Score: 4, Insightful

    They'll worm their way out of it somehow, and after any publicity this generates dies down, they'll go right back to viciously fucking competitors, customers and business partners alike.

    1. Re:Nothing will change. by slavetrade55 · · Score: 5, Insightful

      Well, if the customers are being fucked, they should stop buying MS stuff. And if their business partners are being fucked, then they should stop being partners with Microsoft. And as for competitors, which one, exactly makes a better operating system for x86 machines that normal human beings would want to use? And which one makes (ever made) a better office suite? Who makes a better media player? Answer: Nobody (Well, quicktime runs fairly well on my mac). That *does not* mean MS stuff is grandly spectacular, it just means their competitors are more litigious than they are innovative.

      Oh, and someone will now say how the competitors remark meant that MS is anticompetitive, using their monopoly to blah blah blah, yadda yadda yadda. "OH NO! MS is selling windows for cheap to vendors who bundle it with their PCs! That makes them cheaper for customers to buy and so they only buy windows PCs!! *AND* they package a (crappy) web browser with the OS!" As Jim Ross might say, "Damn their black souls!"

      Firefox is a good example of how if a competitive product is released that people actually have a good reason to use, it will be adopted, even by people without a CS degree. Linux is coming along nicely too, but is definitely not ready for mom's desktop.

      One thing I do know is my powerbook has been giving me wet dreams, and MS stormtroopers aren't banging down my door.

    2. Re:Nothing will change. by Cromac · · Score: 3, Interesting

      The current version of Open Office is very competitive with MS Office for the vast majority of people. I'm sure there are some specific features used by a small percentage of people who couldn't switch away from MS Office but for what I use Office for I didn't have a problem switching, in fact being able to export documents to PDF from Open Office was a major plus that MS Office can't currently do.

    3. Re:Nothing will change. by slavetrade55 · · Score: 2, Insightful

      Good stuff. I'll try it some time. Like I said, MS stuff isn't, you know, great, it's just that up till now there has not been much in the way of good alternatives. I fully applaud the open source guys for all their effort. I just can't bring myself to rail against MS as much as most people 'round here.

      That and I think the anti-trust litigation against MS is probably immoral, but that's a debate I don't really want to get into now.

    4. Re:Nothing will change. by BasilBrush · · Score: 4, Insightful
      And as for competitors, which one, exactly makes a better operating system for x86 machines that normal human beings would want to use?

      BeOS. Except it doesn't exist any more because Microsoft abused it's monopoly to stop PC manufacturers from offering dual boot PCs. That's a cse in point.

      Who makes a better media player?

      Apple. The combination of iTunes and Quicktime.

      That *does not* mean MS stuff is grandly spectacular, it just means their competitors are more litigious than they are innovative.

      Not true. It ignores all the monopoly abuse that Microsoft indulged in to get where it is.

      Firefox is a good example of how if a competitive product is released that people actually have a good reason to use, it will be adopted, even by people without a CS degree.

      No. It's evidence that a no cost application is something that Microsoft can't cross subsidize to undercut. Opera has been better than IE for years, but costs money, or needs adware.

      Be happy with your PowerBook, as I am with my Mac. But realise that the superiority of the Mac platform hasn't stopped it from dwindling to 2% of the market. You aren't going to claim that is lack of innovation too, surely?

    5. Re:Nothing will change. by Brian+Kendig · · Score: 4, Interesting

      That *does not* mean MS stuff is grandly spectacular, it just means their competitors are more litigious than they are innovative.

      How would you compete against Microsoft?

      No, really - how would you compete? Say you DO have something that's more terrifically innovative than anything Microsoft offers. And say you're an American following the American dream of trying to capitalize on a great idea and become rich, while meanwhile Microsoft has near-infinite reserves of cash and manpower and lawyers to throw against you if they see you have something which might be profitable to them.

      How do you parlay your great idea into a successful business before Microsoft copies your idea, gives it away free with Windows, and chokes off the cash coming into your company? And you get extra points if you can do this without being "litigious."

      Really - tell me - I want to know.

    6. Re:Nothing will change. by tulax24 · · Score: 2, Interesting

      This is a very simplistic view of the economics of monopoly. 1) Customers can't vote with their feet, choose a different product because microsoft's monopoly ensured there wouldn't be (a viable) one. 2) And as to it makes it cheaper for customers to buy a windows PC, yes it is cheaper than if the customer bought the pc + the OS at an exorbant price, but its still overpriced when bought as a bundle. (You can't assume that the standalone price is the true competitive market price) Note I'm not a standard anti-microsoft slashdotter, I'm typing this on XP right now. However you can't discount the chilling effect Microsoft's practices have had on the amount of innovation in the market. And you certainly can't just look at the end effect and use that to justify how we got here.

    7. Re:Nothing will change. by tulax24 · · Score: 3, Insightful

      Again you missed the point. Microsoft can offer IE for "free" because they make such a whopping profit on their OS. You can even think of it as you are buying windows XP and IE together, so you are paying some amount for it. You just aren't aware of the explicit cost of it. Also, not having to advertise it because they bundle it with the OS saves them money as well. Opera has neither of these advantages, and so is relegated to a tiny market share even though it is vastly better.

    8. Re:Nothing will change. by slavetrade55 · · Score: 4, Interesting

      See, here is where you and I will never see eye to eye. It doesn't bug me that MS offers a web browser with their OS. If you are going to try to base a business plan on selling a webbrowser, something that you get for free in the dominant OS, then you'd better friggin make sure people know it's better. Yes, MS has an advantage because they have a popular operating system. So, why doesn't opera make a popular operating system? Why don't they release "Opera Linux" and bundle it there? And if it's so super wicked bad cool, advertise and tell people. I also said I've never seen Opera on a store shelf. How is that Microsoft's fault?

      Here's the primary problem. The stuff that is bundled with windows is good enough for most people out of the box. There are superior products out there, but if people are not willing to buy them on the basis of their superiority then Microsoft cannot, and should not be blamed. I bought a mac because I wanted something better. I got it, and I'm happy. I will sing its praises, but if windows is still "good enough" for people, no amount of convincing is going to work. MS is not hurting consumer choice. The consumers have choices, they just choose microsoft because it's what they're accustomed to.

    9. Re:Nothing will change. by BasilBrush · · Score: 4, Insightful
      You don't understand the concept that abuse of monopolies is a problem. If you don't understand that, none of the details will make sense to you either. Go back to the Sherman act. Go back to monopolies of the past, and find out why they are a problem. Find out why the Sherman act was invented.

      When you say customers have choice, you lose all credibility.

    10. Re:Nothing will change. by BasilBrush · · Score: 3, Interesting
      I'm no troll. I ran BeOS on a PC for about a year. Far more than your 3 days. There is no doubt that is was a fundamentally better OS. It was quick and snappy. At a time when Windows has trouble playing a single movie in a Window, BeOS was playing 6 movies, one on each side of a rotating cube. Remember that one?

      And it wasn't just media apps. I could process SETI@HOME unit at twice the speed on the very same PC when using BeOS as when using Windows.

      I'm a programmer. Developing software for the BeOS was a delight compared with Windows. It was a truly modern OS. Frankly the only thing better about Windows, was the amount of software already available for it. Just as that is the only advantage Windows has over OS X. There is no way that Windows was a better OS than BeOS. That's simply not the case. If you honestly thing you have enough knowledge of BeOS to disagree with me, make your case. Otherwise just accept that you are misinformed.

      Yes, I run iTunes on Windows as well as OS X. It's identical. The only difference is that the Windows version uses more memory. If you have a low memory PC it'll be sluggish. But most people are fine.

      I didn't mention Office suites because I didn't disagree with what you said the first time. It's the one area where Microsoft deserved to take a market. However, they did abuse their monopoly once they'd taken the market by changing the file format with every release so that customers had to pay money to upgrade whether they wanted to or not.

      Come back when you do understand that cross subsidisation is a problem for monopolies. It's in the Sherman act.

    11. Re:Nothing will change. by Qzukk · · Score: 4, Insightful

      The stuff that is bundled with windows is good enough for most people out of the box.

      The stuff that is bundled with windows is bundled with windows because Microsoft said so, and that was the problem. No amount of desire, fame, or money would have allowed Dell to install Opera (or Netscape, in the specific case of the original lawsuits) on a Windows pc it was selling, thanks to Microsoft's abuse of its monopoly position.

      You say "Opera should make their own OS", but thats not the same. If a Chevy dealer wants to offer a TV with the purchase of a new car, should the dealer have to make their own cars? Their own TVs?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    12. Re:Nothing will change. by jrp2 · · Score: 5, Informative

      I never understood why cross subsidization was a problem.

      Cross-subsidization is one of the core items of anti-trust regulations, as it is used to maintain monopolies and screw the consumer.

      Let's go back in history to the 1950s. Standard Oil (split up into Amooco, Exxon, and many others long ago) owned the gas station market in the US. If you were foolish enough to open a gas station near a Standard Oil station they would reduce their prices to below cost until you went out of business, then raise them again and rip the customers off. They could afford to do that, and ended up with little competition.

      Go back another 40-50 years or so. Before refrigerators there were ice boxes. You got ice delivered to keep your beer (and other food) cold. There were ice trusts that owned the ice delivery market. If you tried to compete, same thing, they would price you out (or send Bubba and Louie to take care of you physically, things were rougher then). As soon as you were gone, prices went back up. Again, competition eliminated, so carte blance to screw the customer as they have no viable alternative, the competition has been squashed.

      This is all the same now with Microsoft. You try to compete, they squeeze you out of the market in one way or another. The big pie is at risk, so they take a loss in that little area until you are dead and they dominate. They just use different tactics. Next thing you know, you are locked into a $300 OS.

      Take Wordperfect. Once they squashed them (arguably with a better product in this case) they dumped the documented RTF format, and used the ever changing, proprietary, doc format. They could get away with a proprietary format as they ruled the roost. Problem is, competition is essentially locked out due to format issues.

      Anyway, cross-subsidization is evil. The big guys use this to crush competition wherever it rears up. End result, few can compete, the monopolist remains the owner and screws their customers. This is why monopolies are split up or regulated. To remove this ability to screw the consumer by crushing competition. It is at the core of any capitalist system, to keep things in check.

      --
      The only athletic sport I ever mastered was backgammon - Douglas William Jerrold
    13. Re:Nothing will change. by Jane_Dozey · · Score: 2, Interesting

      Spend some money, patent what you have, and make sure you havn't infringed on any of MicroSofts patents. This way they either have to buy your idea, get your patent revoked, or play the market against you.

      Provided you're not treading on their turf they probably wouldn't bother you until you become a threat.

      --
      Silly rabbit
    14. Re:Nothing will change. by mrbcs · · Score: 5, Insightful

      The main problem with Microsoft is that they have also locked in the file formats. It's absurd that a closed, proprietary format should become the defacto standard. They use this to force upgrades that people don't need and keep the competition out of the marketplace. Yes Adobe has pdf, but many programs can also make pdf files. The .doc and .xls should have been made open in the DOJ trials. They did nothing, and nothing will change until the viruses and spyware hit critical mass... then maybe people will try alternatives.

      --
      I'm not anti-social, I'm anti-idiot.
    15. Re:Nothing will change. by AvitarX · · Score: 2, Funny


      Well let's look at office suites. MS didn't have a monopoly on office suites. Corel used to make one (do they still? I haven't used it since it sucked so bad it made me puke.) What else was there? It's hard to blame Office's success on exploiting a monopoly when historically you had just one competitor, and that competitor sucked.


      yeah, because having access to undocuments API's didn't give MS any advantages.

      I don't really remember the difference between the two back when they wre of equal market share., but modern Corel does suck, so that was probably a part of it, but MS used their control to their advantage very effectivly at the same time.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    16. Re:Nothing will change. by Brian+Kendig · · Score: 3, Insightful

      And when Microsoft steals your idea anyway, how many years can you stay in business without any revenues until Microsoft runs out of courtroom appeals?

    17. Re:Nothing will change. by michrech · · Score: 2, Insightful

      My Powerbook running itunes, quicktime, and Firefox disagrees with you.

      Apple's measly 2%-5% market share disagrees with you. What is funny is that Apple has made it's own problem by cutting off the clone makers. I'd look at apple as a viable 'choice' if they hadn't done that. The hardware was good, the prices were getting more in-line with PC prices for the time, etc. Apple just couldn't stand that. They couldn't be content with being the MS of the PowerPC hardware. Stupid move, in my eyes. Yea, they are still around, but they will never be the large company that they could have been.

      Not to mention that *any* Apple desktop computer I'd want to buy is exactly twice as expensive (if not mroe-so) than, say for example, a Dell desktop of comparable specs.

      That's like having a choice between a decent car for about $30k or a luxury car for $60k or higher, and that is IT. Sure, there might be a few cars you can get for free, but you need to piece the thing together from parts you find all over the globe, but it's there!

      It's just not the same.

      --
      bork bork bork!
    18. Re:Nothing will change. by krunk7 · · Score: 4, Insightful
      1. It's fairly cheap
      2. It's well supported
      3. There's lots of software for windows
      4. There's a lot of hardware compatibility
      5. It's good enough for most people, despite obvious flaws

      I think you forgot a few:
      6. It's bundled with damn near every OEM pc made.
      7. OEM's are required to purchase a windows license for every cpu sold as a result of Microsoft extortion tactics.

      Combine that with the fact that 1, 2, 3, and 4 are a direct consequence of my 6 and 7 and you may begin to understand the meaning of monoply. . . probably not though.

    19. Re:Nothing will change. by vsprintf · · Score: 4, Insightful

      Are there any grandmothers out there who said, "Oh, I'd rather use Firefox than IE"?

      There are some grandmothers out there who wrote programs before MicroSoft was incorporated. Yes, my mother, the grandmother of my child, knows that IE is a bad thing. Stop being so sexist and ageist. Who do you think invented the systems you're using today?

    20. Re:Nothing will change. by paj1234 · · Score: 2, Interesting

      > nothing will change until the viruses and spyware hit critical mass...

      Critical mass has already been reached, for some people. I recently switched a customer of mine (who is an airline pilot) from Windows 98 to Linux + Crossover Office because he felt "persecuted" by Windows email viruses.

    21. Re:Nothing will change. by suckmysav · · Score: 2, Informative

      "Let's go back in history to the 1950s. Standard Oil (split up into Amooco, Exxon, and many others long ago) owned the gas station market in the US. If you were foolish enough to open a gas station near a Standard Oil station they would reduce their prices to below cost until you went out of business, then raise them again and rip the customers off. They could afford to do that, and ended up with little competition."

      Much the same thing happens today here in Australia, only it is more a duopoly, and it occurs in the liquor store market (You can't buy beer & wine in the local convenience store over here in Australia).

      The alcohol retail market here is dominated by two large players, Woolworths and Coles Myer. Basically, one or the other of these two companies will open a new store in an area that's currently being serviced by one of the dwindling numbers of "Mom & Pop" operated stores, and proceed to price their goods at far lower levels than they do in their other stores where they are not attempting to destroy the local competition. Once the independant store is gone, they go back to price parity with the rest of their own stores and they are one step closer to having 50% each share of total market dominance. They can't be done for being a monopoly, because there are two of them doing it. They don't go up against each other like that, just the independants.

      --
      "You can't fight in here, this is the war room!"
    22. Re:Nothing will change. by BasilBrush · · Score: 2, Interesting

      If they don't compete in this way with each other, but they do with independants, then they sound very must like what the American's call a trust (a cartel). As such if it was happening in America, then it's be a violation of the Sherman Anti-trust act just as much as if it was a monopoly doing it. I think the same would apply under European competiton rules too.

    23. Re:Nothing will change. by man_of_mr_e · · Score: 2, Informative

      You are incorrect. Microsoft never disallowed any OEM from shipping Netscape with their computers, and quite a few did. I bought Toshiba laptops with Netscape pre-installed, and there were several others as well.

      You are basing your argument on an invalid assumption. You are probably one of those people that completely misinterpreted the (admitedly poorly worded) news stories about MS canceling Compaq's license for Windows because they chose to ship Netscape *instead* of IE. They were free to ship Netscape *IN ADDITION TO* IE, they just couldn't replace IE with Netscape.

      Now, whether or not it was right or wrong for MS to do that is largely irrelevant to this argument, as it completely changes the assumptions you are basing your argument on.

    24. Re:Nothing will change. by Spoing · · Score: 2, Informative
        1. How would you compete against Microsoft?

        Maybe you should ask Quicken ?

      Long list you've got there!

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
  2. A married man's life by Xpilot · · Score: 5, Funny

    The kid is as smart as his mother and twice as smart as me.

    He just admitted that his wife is twice as smart as he is. She must read his column.

    --
    "Backups are for wimps. Real men upload their data to an FTP site and have everyone else mirror it." -- Linus Torvalds
  3. Bad Day by cyber_rigger · · Score: 3, Funny

    Maybe Microsoft's mail servers were just having a bad day that day.

    1. Re:Bad Day by kramer · · Score: 4, Funny

      You know, if they were running exchange server I can actually understand the loss of a signifigant number of e-mails.

      Who would have thought that the shitty nature of their software might actually end up being Microsoft's saving grace?

  4. Isn't this illegal? by peawee03 · · Score: 5, Interesting

    Wouldn't normally evidence that suggests that MS is doing naughty things (manipulation of evidence, etc.) invite a DoJ probe or something to see what exactly they're up to?

    Or are actions like that limited to smaller companies that don't have the money to move to make problems "go away"?

    --
    I wish I could write clever and witty sigs.
    1. Re:Isn't this illegal? by kramer · · Score: 2, Insightful

      Wouldn't normally evidence that suggests that MS is doing naughty things (manipulation of evidence, etc.) invite a DoJ probe or something to see what exactly they're up to?

      Not under this administration.

    2. Re:Isn't this illegal? by Cromac · · Score: 2, Insightful

      You're dreaming if you think Kerry isn't just as big a friend to the mega corps. In case you've forgotten he, or at least his wife, owns one. His running mate won't want to hurt the mega corps either, who will he sue for mega bucks if the large corps go under?

    3. Re:Isn't this illegal? by phillymjs · · Score: 4, Informative

      In case you've forgotten he, or at least his wife, owns one.

      Wrong.

      ~Philly

    4. Re:Isn't this illegal? by Waffle+Iron · · Score: 4, Funny
      In case you've forgotten he, or at least his wife, owns one.

      Well, if I the choice is between having the president in the pocket of Big Oil vs. in the pocket of Big Ketchup, I suppose that I would pick the latter. I guess I just really don't care that much if the administration sets our National Condiment Policy in closed-door meetings with industry insiders.

    5. Re:Isn't this illegal? by Daniel+Dvorkin · · Score: 4, Informative

      [sigh] The DoJ under Clinton aggressively pursued the Microsoft anti-trust case and was close to asking the courts for a breakup -- which they would almost certainly have received -- when Clinton left office. The DoJ under Bush walked away from a clear win and let Microsoft dictate the terms of a settlement that accomplished nothing. You can argue all day about corruption and corporate control of government, but in this particular case there was a clear difference between administrations, and to claim otherwise is to deny reality.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  5. Re:Finally by korba · · Score: 4, Insightful

    Not for the first time, and not for the last time. It's all about exchanging. They're rich enough to be sued over and over.

  6. Smoke out the bastards by CaptainZapp · · Score: 5, Funny
    Great! Finally the Justice department has all the ammunition it ever wanted.

    I'm sure that Mr. Ashcroft will haul Mr. Ballmers ass in at once and the commander in chief will withdraw 10000 troups from Iraq, for the sole purpose of surrounding the Microsof campus and arrest everybody in sight!

    All property including cash assets will be seized and distributed to education and social security, since Mr. Cheeney finally sees the wrongs of his fiduciary irresponsibilities quite drastically and sees the light.

    Mr. Ashcroft will set all steps in motion right after finishing his doobie in a white house crapper stall.

    Just wait and see; it oughta be mighty entertaining.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  7. Sounds like a true story to me. by synq · · Score: 5, Interesting

    I wouldn't be a bit surprised if the way this article describes the actions taken by Microsoft in court were true.

    If Microsoft really 'plain lied' to the DoJ in the antitrust case, they might be 'really' convicted after all.

    --
    sig not found
  8. words like, lie, dissemble, ignores were applied.. by leav · · Score: 4, Interesting

    "words like, lie, dissemble, ignores were applied to Microsoft."

    so what?

    those words have been applied to any other major corporation in the world.

    in fact, those words are almost an synonym for corporate america.

    --
    I own a pump action golf ball cannon. I made it myself.
  9. IN CAPITALIST AMERICA... by hruske · · Score: 2, Insightful

    ... the guilty survives.

  10. Ergh by celeritas_2 · · Score: 3, Insightful

    I hate the evil empire I really do, but I've got work to do here. Really, people are getting much too excited about this, Microsoft will eventually die, but not yet anyway. It just depends on how much Longhorn sucks.

    --
    -- Checking emails and kicking cheats `till the day I die.
    1. Re:Ergh by caino59 · · Score: 4, Funny

      Longhorn won't be released until Linux has reached a reasonable maturity level on the Desktop and MS has had a chance to carry over the features it deems worthy...

      comspiracy...yea, i'm not really serious about it....but it does make you wonder.

    2. Re:Ergh by slashname3 · · Score: 2, Insightful

      Actually the more delay and reduction in features to Longhorn the longer Linux has to get a desktop system that is easy for the typical user to use. Linux already has most of the applications available that can replace all of the Microsoft based applications. Noteable excpetion is tax prepration software. (and I don't consider a web based application as a suitable replacement).

      Mirosoft knows that their current business model will not continue to be viable. That is why they started the process a couple of years ago to change over from a purchase once license to a an annual license scheme. Companies will no longer buy 10,000 copies of an OS and applications and use them for 5 years or more. Microsoft wants those companies to pay every year for those 10,000 seats. Linux and Open Source applications can provide a zero cost up front as well as updates and fixes in subsequent years. In addition they can choose from several different options in most categories which in most cases use open file formats and API's so they can interchange applications as needed. Very different from Microsofts current scheme of keeping the file formats and API's hidden so people can not develop alternative applications.

      Microsoft knows their time is limited, hence the huge dividend they payed out this year. They will continue to drain as much money out of the company as they can in the next several years. And during that time they will try to re-invent the company so they are not dependent on releasing new OSes every few years. Such a model is not sustainable in the long run ( I mean just how many new inovative items can you add to an OS?).

      The real danger is when Microsoft starts their legal campaign to maintain and prop up their current business model. The lawsuits may devistate the industry making it illegal to write and use alternative OSes and applications. Of course this could finally bring to a head the issues with patenting software.

  11. Will it matter? by nurb432 · · Score: 5, Insightful

    Even if its proven they lied/committed perjury.. I don't think its going to really matter much.

    The government already has proven they aren't interested in doing the job that was needed, and gave Microsoft a 'pass'.

    Sure they might pull out some token fine to make the people feel better, but it wont amount to anything more then a blip on the books...

    Unlike ATT, when they were attacked, Microsoft has managed to take control of the situation and will in the end, win, regardless of the outcome.

    --
    ---- Booth was a patriot ----
    1. Re:Will it matter? by killjoe · · Score: 2, Interesting

      I don't know if double jeapordy applies to corporations, I really don't think it does.

      Also the sentence MS got was conditional on them being nice, if they haven't been nice it's back to court.

      Finally nobody got tried for perjury, evidence tampering or witness tampering (intimidation). All those are crimes and all of them were comitted by employees of MS. There is no reason not to try individuals with crimes.

      --
      evil is as evil does
  12. Why government DOESN'T keep emails.... by i_want_you_to_throw_ · · Score: 5, Informative

    I contract for a branch of the military and they have a policy NOT to keep emails after a certain period of time.

    Why? The Freedom of Information Act. People are always filing them (damn you! Damn your FOIA rights!) and they use that time limit as more of a defense for themselves because in the words of legal, sometimes you don't want this stuff coming up.

    Given who they are, you'll understand.

    1. Re:Why government DOESN'T keep emails.... by Anonymous Coward · · Score: 2, Insightful

      Firstly, this is the link that works:

      Secondly, you should argue against that policy. In all likelihood you never speak with anyone who has the ability to change it or even themselves ever speaks with someone with the ability to change it, but if the information is classified, it is usually exempt from FOIA, and if it isn't, you shouldn't attempt to undermine the FOIA by pre-emptively deleting stuff. In fact, short of imformation that has a need for temporary secrecy such as the evaluation of various bids or discussions of security issues, you should be putting all that stuff online anyway. A policy of all emails being archived, and all archives older than 3 years automatically going online unless manually excepted, would be appropriate. You make your living from my tax dollars.

      Please consider suggesting this, or non-confrontationally discussing how you would hypothetically operate under such a policy, in coffee room talk or other informal situations. Such gossip and chatter can have a bigger effect than you might immagine, and when expressed as idle speculation in a non-official setting can be done with little danger to your job.

      One issue you might raise with the government folks is this: do they like the protections of the Hatch Act ? Are they aware that involvement in a scheme to evade FOIA might one day be construed as reason to invalidate those protections ? Can they invision a deficit burdened government going after every way possible of cutting costs, including making an issue out of the FOIA evasion just to find an excuse to slash pensions ?

  13. Re:headache by arose · · Score: 2, Funny
    You think he is enjoying that pile of cash?
    Why does that make me think of Gates swiming in a giant vault?
    --
    Analogies don't equal equalities, they are merely somewhat analogous.
  14. Re:headache by BoomerSooner · · Score: 2, Funny

    Scrooge McDuck swam in his money, he had good ethical behavior though.

  15. Odd isn't it... by Cylix · · Score: 5, Insightful

    If this were Joe nobody, they would come and take the relevant hardware from him. If this were Small Business Nobody... they would still take their equipment away from them.

    However, because they are mega-huge corp... they ask for the information.

    It's silly to think they are going to make it easy to screw themselves.

    --
    "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
  16. Don't be Foolish by aLe-ph-1(sh) · · Score: 3, Interesting

    Do Not archive your email, Said Jim Allchen, in the pdf that was mentioned in the email. Heh. Don't be foolish, Don't get us in trouble, must be what they were thinking. Now what amazes me is that if this were say, a kiddy porn ring, or a AlQueda cell, I bet that they could dig out the big guns, like a nice scanning microscope, and sift through the erased 1's and 0's till they made sense of all of it. But no. This is Microsoft, and they just ask. They frikkin' ask nicely, and expect everyone to play by the rules here. Jeez luiz, Microsoft, in an ANTI-""trust"" case. Hmmm. trust. Sounds like expecting to be able to trust a company to do what you are asking is the wrong route in a case about NOT being able to trust...

    --
    sig!wind down the juuice, let the tubes roar with the glow of alternative powers, not they that be." me, today...
  17. Pretty darn blunt, as such one of his best columns by fatphil · · Score: 4, Interesting

    In theory, being from the kind of technical background that I am, I ought to fawn over every column, but, to be honest, I find his usual statements to be a bit feeble, a gentle puff, with no real gusto. He does pull his punches.

    Normally.

    However, this one has broken that mould. There were no punches pulled, and he completely nailed his colours to the mast. Good on him.

    However, I'd be tempted to say that he's even made himself a target of Microsoft lawyers, as he has made allegations which could be, if false, be taken as libelous (or otherwise defamatory). (Not that I believe they are false.)

    Will the posse of lethal attack-lawyers be set on him for it? Or will MS just hope it gets forgotten about as quickly as possible?

    FP.

    --
    Also FatPhil on SoylentNews, id 863
  18. Ummm, they did. by khasim · · Score: 4, Informative

    Recall the video tape of how bad Windows was after most of the IE functionality had been disabled? It was submitted as an actual video tape of an actual experiment.

    But somethings didn't seem right on the tape. Icons were changing between screenshots. But that's okay, because Microsoft just cut out some of the boring bits, but the tape is really a tape of an actual experiment.

    But then it turns out that the machines are completely wrong. Well, Microsoft said it was only a dramatization of an actual experiment.

    So the judge said Microsoft could do the experiment over, but that the DoJ could watch it.

    Microsoft had problems re-doing the experiment because the Microsoft engineers could not get a reliable Internet connection from the hotel room.

    So, the judge finds Microsoft guilty and a monopoly, appeals, etc, new administration, case dropped.

  19. Liar Liar, Operating System on Fire by Foofoobar · · Score: 3, Funny

    Microsoft? LIE? Say it isn't so? No, I don't believe it! Bill Gates and Steve Ballmer are two of the most trust worthy people on the planet. When that security is their number one priority and I continually get attacked on a daily basis, I know it's because all those piles of money blocking the hallways in Bill's House was to blame. If only they coud figure out a way to put all that useless money to work solving their problems. Sigh.

    --
    This is my sig. There are many like it but this one is mine.
  20. yeah so did the nazi deathcamp guards by SmallFurryCreature · · Score: 3, Insightful
    Or the guards or those who feed the guards or who provide a home for them or those who deliver the prisoners to the deathcamps.

    Evil great and small can happen because people turn their back because it is to inconvenient to deal with it right now.

    But microsoft is an easy evil. You are not going to be shot for going after ms or any other cooperation that has gotten out of control. Yet.

    But leave it like this and the common american Sci-Fi theme of evil cooperations controlling the world, odd that in capatalist america hollywood movies often have cooperations as the evil enemy, will become true.

    Your strategie seems to be that Longhorn will suck. I got news for you. Every fucking windows release ever has sucked. Note that all the MS apologists are saying stuff like "Well this new release is less crap then the old one" but mostly are pointing out how good the next one will be and that all your current troubles are your fault anyway.

    So go right ahead and keep supporting MS with your computer tax and blind obedience. Others are fighting by not giving MS a penny and supporting those who help break out, (Have you bought your copy of Doom3 and Opera yet?)

    For those objecting to the nazis being brought in to this discussion lets not forget that they and their kind (what is the difference between "gein juden" and "whites only") were in power and doing their petty hatred and corrupting long before the famous "final solution" was put into effect. All those years people cried out in protest and people like the above poster silenced them by saying they shouldn't make a fuss and let people get on with their jobs and that it all would work out okay.

    I am not saying that MS will be rounding up people or anything similar. I do foresee a future were cooperations like MS but also like media have such a huge amount of control that being critical about them becomes impossible. Already controversial movies are being boycotted and tv series cancelled because the powers that be don't like them.

    MS will not be the evil but may easily be an instrument. Just as radio tv and the newspapers have become controlled by a tiny handfull of rightwingers (the same families that gave contributions to the nazis) we might loose the net as the last bastion of free expression that can be heard.

    Why else should MS be pushing to make DRM into every piece of media made? Exactly why should my home movies have DRM? To protect my interests or to make sure a protest movie can be easily traced?

    Tin foil hat time or not but MS was caught recording what DVD's people watched. MS said it was a mistake when people found out and asked questions. It was a mistake alright. People never should have found out or am I just paranoid?

    But that is the weird thing about paranoia isn't it. Your only paranoid if your wrong. Like those people who warned of the nazis and the many other horrors before until it is to late people like you have the majority. Afterwards you cry out, why did nobody do nothing.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  21. Re:Finally by dbrutus · · Score: 2, Insightful

    Actually, if they've been lying as accused, the company is largely finished. People will go to jail and Microsoft will be ripped to shreds. Arthur Anderson's corporate sins weren't as big as this and they're toast.

  22. Re:Odd isn't it...Big Haystacks. by Rich0 · · Score: 4, Interesting

    His point was this: Imagine that you are a small business that provides computational physics consulting to big companies. You don't make much money, but you have a big computer center which is most of your capital. Now, imagine that the feds investigate you for some reason (a competitor phones in an anonymous tip that you have warez on your servers or something like that). They bust in and take every computer that you own. In all, they have 50 terabytes of disk space.

    Now, the feds don't have time to sort through 50 terabytes of disk space, so they just tinker with it little by little while they delay the court case while they try to build a case. In five years they give up and maybe return your computers.

    Of course, you spent $50 million dollars on that computer hardware, and were making only a modest profit on the investment - before it was confiscated. For the next five years you make nothing and go bankrupt since you're still paying the loans on the computers that you can't use. Then, when you get them back they're worthless since they're slow by modern standards and you'll need all new servers to keep up with the competition. However, you can't get a loan for new servers since you defaulted on the loan for the old ones. They go on ebay and you recover a few hundred thousand dollars for your creditors.

    Sure, this is a bit of a contrived example, but you can probably use your imagination to come up with similar scenarios. The feds don't care if they don't have enough resources to analyze the evidence - it isn't costing them anything to store it until they get around to it...

    The government routinely kills small businesses in the course of investigations by confiscating capital equipment. They'd never do it to Microsoft, however...

  23. Where is this storm brewing, exactly? by davie · · Score: 2, Funny

    Is this storm brewing on the horizon, or over Microsoft? I'm confused.

    --
    slashdot broke my sig
  24. Dont worry by MemoryDragon · · Score: 2, Insightful

    They will weasel their way out of it again. After all they have so much smearing cream ($$$$) in their pockets that law is a non issue for them.

  25. hiding evidence could . . . by ir0b0t · · Score: 3, Funny

    equal a large jury verdict against MS and possibly support a punitive damages award too. A large verdict could represent a tipping point in any number of tactical efforts by MS, for example the ongoing war over consumer desktop space. . . . Okay I just like the idea of a significant verdict coming from a suit which is basically called, "Burst Microsoft."

    --
    I'm laughing at clouds.
  26. Re:Pretty darn blunt, as such one of his best colu by kalidasa · · Score: 2, Insightful
    The test for libel of a public figure (and though MS is a corporation, it is a legal person, and probably would be treated as a "public figure" for the purposes of libel law - but I am not a lawyer) by a journalist is pretty stringent: either deliberate falsification or reckless disregard for the truth. If MS goes after PBS with a claim that Cringely is libelling them, they'll have to prove that Cringely's accusation is false, AND that Cringely either knew or didn't care it was false. So if there's even a hint of truth here (and Cringely is citing court documents, so the plausible truth test may be satisfied by definition), MS likely would have no chance of winning on the merits. Now, they could try outlasting PBS money wise - after all, MS has a lot more money than PBS does - but if they try that, this information will get VERY widely disseminated, and will stain their reputation far more than the actual article has done. So it's not in MS's best interests to sue Cringely or PBS - far better to just respond by saying "we're disappointed that Mr. Cringely would choose to report the opposing party's position in a pending law suit without providing a responsible representation of our position, but as a successful world-wide company we've grown used to envy masquerading itself as righteousness." And the whole thing blows over yet again.

    Unless, that is, Burst has enough evidence to win.

  27. Re:words like, lie, dissemble, ignores were applie by Kwil · · Score: 2, Insightful

    Yes, but usually not with evidence and in a Court of Law

    --

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

  28. Features of MS Office by pommiekiwifruit · · Score: 2, Interesting
    1. being able to load .doc files, such as you might get from a neighbour or a work colleage. Yes, I know open office can usually load the text, it's just the formatting and document layout it gets wrong. My neighbour gave me a simple page to print out and I had to edit it to make it make sense.
    2. being able to copy and paste from internet explorer. This is an example of a simple operation in the computer literacy course my auntie was taking, but she couldn't do it because someone had sneaked open-office onto her system, and it pasted the test page completely wrong.

    Maybe things like "open file" and "paste" are very complicated to get right (god knows microsoft was unable to perform "save document" correctly for several years) but users expect these things to just work.

  29. Burst.com by westlake · · Score: 2, Informative
    Time for a Reality Check:

    Yahoo's last financial profile for Burst.com (2002) had the company with two employees, and nine month revenues of $150,000 set against losses of $628,000. Profile: Burst.com

    Burst.com has since raised enough capital to carry it through to trial. Message from the Chairman You could argue that buying stock in the company is simply buying a ticket in the lawsuit lottery. Burst.com has one product and a patent portfolio, neither of which seem to be setting the world on fire. burst.com Sales

    To consider the lawsuit as a threat to Microsoft strikes me as just plain loopy. A bit of trivia: Richard Lang's last success was as the co-founder of Go-Video and co-inventor of the Go-Video dual deck VCR. Burst.com MS Q&A

  30. Meanwhile, back at real life by leonbrooks · · Score: 2, Interesting

    These are things that I've seen MS-Word get wrong too, so no doughnut.

    It's true that MS-Word does less of them, but it's also true that it will spontaneously corrupt documents from time to time (which OpenOffice will often fix), that MS-Word's HTML editing requires extensive therapy to come within hailing distance of standard, and that its autosave (in relative terms) sucks for reliability and intrusiveness.

    The advantages cut both ways, which for the price - AUD$319 (RRP, basic OEM edition) vs AUD$0 - is wrong.

    In fact, if you throw in a copy of XP Pro (AUD$279 RRP OEM) and a basic virus scanner (AUD$60), the cost of the software to do fundamental office work exceeds the cost (AUD$599 for Celeron 2.4, 256M, 40G) of the hardware to run it on. An increasing number of people have a problem with this.

    It's also true that OpenOffice is steadily (in relative terms again) becoming more capable, and that the "headline" improvements (like PDF writing) are genuinely useful for mainstream and near-mainstream users. The next major release will also import PDFs.

    Finally, MS-Word won't run on my system, at all, even under WINE.

    PS, if you want to pick up all of the formatting from a web page, open the thing directly in your word processor. This works better for MS-Word, too, albeit it throws the resulting HTML into the bushes and jumps in after it no matter which way you import it.

    --
    Got time? Spend some of it coding or testing
  31. Re:Intuit isn't part of MS thanks to the DOJ by drsmithy · · Score: 2, Interesting
    Did you miss where the DOJ pressure was applied?

    No. Did you miss the part where MS Money "got better" ?

    That wasn't competition in action.

    Of course it was. Microsoft had to compete because their product wasn't as good. That they also tried to buy out the other product is irrelevant - that's *also* competition in action.

    If MS had had its choice, there would be no Intuit right now.

    Surely the decision whether or not to be acquired by another company should be the sole domain of the target company's shareholders or owners ?

    And since Intuit is basically their only competition in that arena, MS Money would've disappeared and MS would have another monopoly.

    And we'd still have a good product in Quicken.

    But, they didn't, so now we have Quicken *and* a better MS Money.

    Actually, the problem wasn't that MS added classes to their JVM, it was that they didn't implement part of the Java spec, but still marketed the JVM as a full Java implementation.

    Not being a Java developer, or having a great interest in Java, I'll concede to not knowing a great deal of detail on the subject. I do remember, however, the problem not being with the functionality of Microsoft's JVM, merely the semantic details of how their additional functionality was accessed ("too easy for developers to make Microsoft-Java-only code" was one of the arguments used IIRC). Certainly from my end user's perspective, the Microsoft JVM was faster and worked with everything I ever tried.

  32. You clearly don't get it by leonbrooks · · Score: 2, Interesting

    I'm not complaining about MS dropping the price.

    I'm not complaining about MS dropping the price.

    I'm not complaining about MS dropping the price.

    Are we clear on that now?

    The problem is that Microsoft drop the price further iff the dealer ostracises any competitors. This is not a discount for bulk, for performance, for anything positive, this is an extra discount for telling competitors to nick off, for removing them from your advertising, catalogues etc, for shutting competitors out.

    The bad effect of this is that soon there no effective competitors, and the price goes up. Those last 5 words are the key and core of monopoly power.

    --
    Got time? Spend some of it coding or testing