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Should We Follow Novell v. MS in Detail?

e6003 writes "Groklaw has a fascinating article written by a retired attorney. In short, he believes FOSS advocates should be following the recently announced Novell anti-trust case against Microsoft with as much vigour as we do the SCO-IBM case. Whilst the latter is to all intents and purposes settled in favour of the Good Guys, the article points out how Novell v. MS is far harder to call. Evidence produced during this new case, he argues, may be valuable for proving anti-competitive intent on Microsoft's behalf should MS (or a proxy) go on a patent rampage against FOSS. Finally, the article points out that Microsoft either destroys evidence itself (see the Burst.com case) or requires evidence to be destroyed as part of settlements (as in the Caldera DR-DOS case)."

202 comments

  1. With these judges and DoJ why bother? by Anonymous Coward · · Score: 0

    Microsoft has already been brought up on anti trust charges, multiple times.

    Boycott, it is the only terminal solution.

    1. Re:With these judges and DoJ why bother? by Anonymous Coward · · Score: 0

      yup, thats the only plausable solution i know too...

      i already declared a war of attrition against microsoft, i bad mouth msft every chance i get, and never buy their products and reccomend others do the same, if enough people start to use alternative products then eventually microsoft may get the message that nobody likes them anymore...

    2. Re:With these judges and DoJ why bother? by Anonymous Coward · · Score: 0

      yup, thats the only plausable solution i know too...

      i already declared a war of attrition against microsoft, i bad mouth msft every chance i get, and never buy their products and reccomend others do the same, if enough people start to use alternative products then eventually microsoft may get the message that nobody likes them anymore...


      ur shooeing bily, d00d. fite da man!!!!

    3. Re:With these judges and DoJ why bother? by mangu · · Score: 0, Troll
      thats the only plausable solution i know too...


      What do you mean "plausable"? Is that the ability to plause? How do you plause something?


      I guess we got here the new generation of astroturfing: criticize what you want to defend, using terribly wrong grammar and spelling. In that way you convey the message that anybody criticizing Microsoft is an ignorant moron, whose opinion is unworhty of credit.


      Hey, Billy boy, clever, but rather transparent tactics, don't you think? Next time try to be more subtle...

    4. Re:With these judges and DoJ why bother? by ZB+Mowrey · · Score: 1
      whose opinion is unworhty of credit.

      Wtf, Grammar Nazi? The rule of thumb best used is thus: when criticizing one's grammar or spelling, always double-check your own criticism lest you expose your foolishness.

      --

      Self-referential sigs are rarely entertaining.

  2. Eh by Anonymous Coward · · Score: 0

    For a moment, I thought this was an Ask Slashdot.

  3. Can anyone tell me... by Aneurysm9 · · Score: 2, Insightful

    why anti-competitive intent would have any bearing on a patent suit? Aren't patents intended as monopolies that will be used, at least in many cases, anti-competitively?

    --
    There was Cowboy Neal at the wheel of a bus to never-ever land.
    1. Re:Can anyone tell me... by tekunokurato · · Score: 3, Informative

      No. Patents protect the "inventor" from other people competing against them with duplicate products/processes/whatever. They do not protect the holder from competition in the marketplace. Anticompetitive behavior is using force to keep products unfairly out of participation in the marketplace. Keep in mind that patents aren't on actual results--if you have two black boxes which both produce, say, anti-gravity but they do it in different ways, the patents will not infringe. But if the owner of one company squelches the other one to death outside of the marketplace, they are being "anitcompetitive."

    2. Re:Can anyone tell me... by laird · · Score: 4, Interesting

      "Patents protect the "inventor" from other people competing against them with duplicate products/processes/whatever. They do not protect the holder from competition in the marketplace."

      In an ideal world you might be right. In practice, patents can be so broad that they cover any means of doing something, and a company with an aggressive patent strategy can very effectively block anyone else from competing in their arena. Look for example at GemStar -- even though they failed completely with their products, they patented everything even remotely related to on screen TV listings, to the point where TV Guide (!) was forced to merge with them because the Gemstar patents prevented them from competing in the electronic program guide market, because there's no way to work around basic patents such as on displaying TV listings in a grid on the screen, or clicking a button to record a TV program. Not a specific means of implementing the grid, but actually ANY display of tv programs in a grid on screen, is exclusively Gemstar's. But they're not the only company using fundamental patents -- Motorola got the patent on the heat sink on the transistor, and made many, many $millions on it. And don't get me started on how Philo T. Farnsworth was treated by RCA, who used their broad radio patent portfolio to take over his invention, and crush all competition.

    3. Re:Can anyone tell me... by laird · · Score: 2, Informative

      The RCA/Pharnsworth story is at http://pd.cpim.org/2002/aug25/08252002_snd.htm and it's interesting reading.

    4. Re:Can anyone tell me... by back_pages · · Score: 3, Informative
      I'm sorry but this is 99% false.

      Patents are a license to sue. They are designed as licenses to sue. They grant the assignee a temporary monopoly should he/she/it choose to enforce it and they grant a source of revenue should he/she/it choose to license it.

      If you have two black boxes and both produce anti-gravity but by different means, one may infringe upon the other. This example would likely fall under a "product by process" claim, and the burden would fall on the inventor of the second product to prove that his antigravity is patentably distinct from the first antigravity, if the first black box is patented with a product by process claim. In distilled form, the rules regarding prior art for product by process claims during prosecution of a patent application state that (in this case) antigravity which is "substantially identical" to antigravity produced by a different process is prior art and the second invention's antigravity is NOT patentably different from the prior art.

      Now, if we stay away from patenting the antigravity itself (and therefore away from a product by process claim) you could easily have to patentable devices for producing antigravity.

      And, for discussion's sake, I'm pretending that antigravity is patentable. ;)

      No offense to the original poster, but the fact that it was modded so highly informative ought to make some people (some with mod points, some without) think about how informed the Slashdot crowd really is about the patent system. Again I reiterate - no offense to the original poster.

    5. Re:Can anyone tell me... by dhammabum · · Score: 1
      I'm sorry but this is 99% false.


      Patently false???

      --
      I am not a robot. I am a unicorn.
    6. Re:Can anyone tell me... by Nikker · · Score: 3, Insightful

      I know its not really the 'thing to do' but I RTFA.

      What it is about is starting a repository where data about all companies can be stored.

      As it shows in the article companies (i.e. M$) destroy all of _their_ copies of data and otherwise, meaning that if in the future there is a problem we will have no proof in a court of law those events occured(Those 'haloween' emails for example) By making a repository where we can keep them we will alway be able to pin M$ to the stake rather than letting them get away on technicalities

      This will help FOSS as it will be a very good way to keep companies on their toes and know once something makes it to the public domain it will never be forgotten. And as well TFA also states that this case envolves ENORMOUS amounts of emails and other info that will most certainly be *DESTROYED* after the final judgement

      If this data can some way be preserved then if we need it to show as an example of oh well lets say monopolistic behaviour, we can show it as we can all guarentee M$ will sweep that puppy under the rug as soon and as quickly as possible.

      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
    7. Re:Can anyone tell me... by Anonymous Coward · · Score: 0

      hehe

      Slow Down Cowboy!

      Slashdot requires you to wait 20 seconds between hitting 'reply' and submitting a comment.

      It's been 5 seconds since you hit 'reply'.

      Chances are, you're behind a firewall or proxy, or clicked the Back button to accidentally reuse a form. Please try again. If the problem persists, and all other options have been tried, contact the site administrator.

      Yeah - cause I had to think loooooong and hard about this post...

    8. Re:Can anyone tell me... by mwa · · Score: 1
      why anti-competitive intent would have any bearing on a patent suit? Aren't patents intended as monopolies that will be used, at least in many cases, anti-competitively?

      Monopolies are held to a different standard of conduct. The enforcement of a legal patent can still be illegally anti-competitive. Convicted illegal monopolies are held to an even tougher standard.

    9. Re:Can anyone tell me... by HuguesT · · Score: 1

      I'm not sure about the US system but in Europe or Australia you would not be able to patent a black box that produces Anti-Gravity.

      You'd have to describe the innards of the box in such a way as to "someone skilled in the art" would be able to reproduce it, i.e. make their own anti-gravity devices that work (but the Law would not allow them to use their own devices for anything, let alone sell them).

      I'm not sure what a "patent by process" is, would you be so kind as to describe it, perhaps with another example.

    10. Re:Can anyone tell me... by Anonymous Coward · · Score: 0

      I think the main issue between antitrust and patents occurs where a patent is wielded illegally in an anti competitive manner.

      Since patents are legal monopolies, this would not apply where a valid patent is wielded against genuinely related infringing behaviour.

      The issue could arise in other instances where company A sues Company B with a questionably valid patent.

      Company B, instead of vigorously challenging the patent's validity in court, takes an exclusive license on the patent in and in effect creates a monopoly based upon the questionable validity of the patent.

    11. Re:Can anyone tell me... by tekunokurato · · Score: 1

      You clearly have a good working knowledge of the patent system, but you've missed my fundamental point (and the stated objectives of the USPTO)--patents cover processes, not business outcomes. There are many ways to fullfill most desires, and a patent covers only one. I didn't say the burden of proof fell on one party or another. Using that as an argument for why I'm incorrect is pretty stupid.

      If I invent a patented black box that makes something lighter than air and you invent a patented black box that reduces the effects of gravity and the effect on a given object is exactly the same, our patents do not infringe. You may be able to crush me with your lawyers, but that's an entirely separate issue.

      Again, the point I made was that patents are not made to reduce competition in the marketplace--if you've got a better way to do something than I do, by all means do it; just don't copy my way.

    12. Re:Can anyone tell me... by back_pages · · Score: 1
      patents cover processes, not business outcomes.

      True, however antigravity produced by a black box is not a "business outcome".

      If I invent a patented black box that makes something lighter than air and you invent a patented black box that reduces the effects of gravity and the effect on a given object is exactly the same, our patents do not infringe.

      And this is false. The concept is called "product by process" as I mentioned previously. If Patent A issues before Patent B, and A has a "antigravity produced by means of a black box", then Patent B cannot claim patent protection for its antigravity unless B's applicant proves that his antigravity is not "substantially identical" to that produced by A. If B fails to do so, then B has a patentable process (or black box apparatus) which produces a product patented by A. Using B's invention infringes on A's product by process claim.

      This only comes into play if A has a "product by process" claim, however any competent attorney would throw one in on the first attempt.

      Before asserting what the "stated objectives of the USPTO" are, I encourage you to study what 35 U.S.C. say. The USPTO's objectives are to examine patents according to the law - nothing more, nothing less. The law says that an article of manufacture (product), an apparatus (machine), a process, a composition of material, or an improvement of any of those 4 are patentable. Case law supports the concept of "product by process". You can have two patented machines or processes which produce "substantially identical" products - only one patent can properly claim protection for the product.

    13. Re:Can anyone tell me... by back_pages · · Score: 1
      Yes, in the US you couldn't patent a "black box" that produces antigravity either, I was pretending for discussion's sake.

      A product by process claim is where you invent a new process - a marvelous new manufacturing method to produce a composite hockey stick. Your method of manufacturing is patentable, and your hockey stick is also patentable (assuming it's different from prior art, etc.) I don't know about the EPO, but in the US an applicant is therefore allowed to define his new hockey stick according to the process by which it is made - the product by process claim.

      This doesn't grant any new patenting concepts, since the product would be subject to patenting all by itself. It does introduce some interesting rules for prior art, however. For prior art to teach a product by process, it merely needs to be "substantially identical". While a wooden hockey stick would be quite different than a composite hockey stick, a plausible argument exists that they are "substantially identical", but only until the applicant argues that his composite construction actually enhances the thing's usefulness as a hockey stick. On the infringement side, it enables the patent holder to sue people for using his process as well as manufacturing "substantially identical" hockey sticks - but remember that this is defined before the patent is issued as NOT a hockey stick that is "substantially equal" to the prior art. It's basically a shortcut to patenting the actual, specific hockey stick itself by defining it according to the process that makes it.

      The result is that you could have TWO different processes of making a composite hockey stick - process A protected by patent A and process B protected by patent B. The two processes are perfectly free from infringing each other. However, if they produce the same hockey stick, and patent A claims the hockey stick in a product by process claim, then the assignee of patent B must still license the final product from the assignee of patent A.

    14. Re:Can anyone tell me... by tepples · · Score: 1

      And, for discussion's sake, I'm pretending that antigravity is patentable. ;)

      Bad example. Devices that create a force opposing gravity might have been patentable until the Montgolfier brothers and the Wright brothers successively got patents on methods of antigravity, placing the general concept of antigravity devices in prior art and opening it up once the patents had expired[1].

      [1] Unlike copyrights, trademarks, and trade secrets, patents expire within a human lifetime, giving the inventor an incentive to invent something else.

    15. Re:Can anyone tell me... by leifbk · · Score: 1

      Patents are a license to sue. They are designed as licenses to sue. They grant the assignee a temporary monopoly should he/she/it choose to enforce it and they grant a source of revenue should he/she/it choose to license it.

      Makes me wonder why the US Government didn't patent the nuclear bomb back in '45. They could have sued Stalin out of his shirt.

      --
      I used to be a sceptic. These days, I'm not so certain.
  4. Re:Yawn by Dante+Shamest · · Score: 1
    Uh, can I vote no?

    No.

  5. Re:Yawn by Gentlewhisper · · Score: 1

    Some "maths"

    1. Both are big multi million dollar corporations
    2. Hence Novel = i$, and MS = j$!
    3. Money is the root of all evil
    4. But because j > i, therefore Microsoft is more evil!

  6. yes evidence! by fozzy(pro) · · Score: 5, Interesting

    "I believe the Novell-Microsoft case, regardless of outcome, could have a major beneficial impact for FOSS, providing we watch it closely. Groklaw is uniquely positioned to collect and disseminate information about the case. In a nutshell, the Novell complaint promises a bonanza of evidence that Microsoft engages in unfair competition to maintain its monopoly in the PC software operating system market and to extend that monopoly to the application markets."

    This is a good idea. As MS could sue over StarOffice/OpenOffice, evidnece may come up that is relevant..

    1. Re:yes evidence! by mrchaotica · · Score: 5, Insightful

      The other reason this is important is that (according to the article) Microsoft tends to destroy evidence at the conclusion of each anti-trust case. So apparantly unless we collect it at Groklaw, it will be gone by the time we really need it.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:yes evidence! by Anonymous Coward · · Score: 0
      "In the management's temperate, considered, intellectual opinion, Microsoft sucks and we hate them."

      Note: that should be "we hates them".

      --Society for the Study of Gollum Grammar

    3. Re:yes evidence! by Anonymous Coward · · Score: 0

      What the hell are you talking about? Do you get your information from SCO or what?

    4. Re:yes evidence! by mrchaotica · · Score: 1
      I'll keep that in mind.

      For the record, though, that's actually a quote from OpenSourceShakespeare's technical details page:
      Database: Originally it was Microsoft Access, but switched to mySQL because it's cheaper to find a Web host that supports mySQL. Plus, in the management's temperate, considered, intellectual opinion, Microsoft sucks and we hate them.
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    5. Re:yes evidence! by westlake · · Score: 1

      Tell me how evidence in the Novell case becomes admissible in any other case. Novell is permitted to probe only as deep as is needed to make it's own case. It cannot become a fact-finder for others. Tell me why once a final decision or settlement is reached either party is obligated to maintain the records from which the evidence in the case was drawn.

    6. Re:yes evidence! by Ohreally_factor · · Score: 2, Informative

      Because if evidence is accepted as fact in one case, it becomes a matter of record. This potentially makes discovery easier in related future cases, as well. If the evidence is sealed, an attorney in the hypothetical future case can petition for it to be unsealed.

      --
      It's not offtopic, dumbass. It's orthogonal.
    7. Re:yes evidence! by IntlHarvester · · Score: 2, Insightful

      I'm not clear on why Novell vs Microsoft is more interesting than Sun vs Microsoft or AOL/Netscape vs Microsoft (both mostly ignored on Groklaw & Slashdot). Or why anyone thinks the result will be any different than those two (cash + technology cross-licences).

      I guess it will be interesting to hear in gory detail how WordPerfect blew a dominant market position through bad programming and bad marketing and about Microsoft's usual tricks. Also I sincerely look forward to the OpenDoc flamewars.

      --
      Business. Numbers. Money. People. Computer World.
    8. Re:yes evidence! by advocate_one · · Score: 1

      rather dificult to unseal evidence which has been destroyed... which is precisely why I hoovered up and archived all those documents presented in the Sun vs Microsoft case... which strangely enough has been sealed as part of the settlement terms.

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    9. Re:yes evidence! by jellomizer · · Score: 1

      Well Lately Novell has been a big and vocal Linux supporter, so they feel that Novell is the good guy.

      For some reason a lot of Slashdoters really don't care for Sun Microsystems much. It is probably due to the angelical following to Linux and open source. So with Sun whos' main goal is to create a profit is out casted because Sun tries to do things that make profit and sometimes it is by not doing it the open source way.

      AOL/Netscape vs. Microsoft: Most slashdotters poo-poo AOL users as a bunch of no nothing nubies, going about giving people internet access the wrong and obtrusive way. And Netscape it a lot of ways allowed itself to be killed in the browser war. (They took way to long to go from Netscape 4-5(which they renames as 6) By this time it allowed Microsoft to actually make a better browser, and by time 6 came out IE was still ahead in netscape. (Although Firefox is starting to change the tides now but I think most feel that netscape fairly loss the browser wars even with the underhanded move of integrating the browser, which very little people understand or utilize, Most users when they want to use the web bowser they will click on the internet explorer Icon. They will not try to type the URL in My computer or any where else thy just use it as if it was an unintegrated program)

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  7. The "Good Guys" by Dancin_Santa · · Score: 5, Insightful

    This phrase is so loaded that it's hard to broach anything resembling a middle ground here. If you refer to Microsoft as the "enemy" and everyone else (excluding SCO) the "Good Guys", how can you expect to be partial when delivering judgement.

    Take a look at what's going on in Iraq. The American "Good Guys" are wiping out the "Bad Guys". From the other perspective, the Iraqi "Good Guys" are being slaughtered at the hands of the American "Bad Guys". It all depends on your perspective. Until you give up the notion of "good vs. evil" in your considerations, you will never be able to find a common ground and eventually peace.

    You have to understand that not only are Microsoft and Novell's hands completely clean, they are not completely dirty either. The Iraqi resistor may be shooting at the American soldier because he believes that the occupation is unjust. The American soldier may be shooting back only because he has been trained to kill instead of think. Each one has their reasons, and to them, their actions are perfectly reasonable.

    Until you can find a way to reason with the "enemy" and truly come to an understanding, you will never win. You will only fight.

    There's an old saying, "The only way to destroy an enemy is to make him your friend."

    1. Re:The "Good Guys" by mrchaotica · · Score: 5, Insightful

      So, we aren't allowed to define "bad guys" as "guys who try to pervert the law in order to accomplish something in direct opposition to it's spirit?"

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:The "Good Guys" by quarx · · Score: 1

      good analogy... but i like better the old saying concluding your post.

      --
      blue dots across San Francisco http://www.mapjack.com
    3. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      I am kinda lost here, but if I understand you correctly, MS is the Iraqi resistor and OSS hippies are the stereotypical stupid Americans with guns, bang banging away at anything.

      Is that your point? Or were you just trying to stick a political troll in the middle of some bullshit?

    4. Re:The "Good Guys" by Anonymous Coward · · Score: 0
      In short, he believes FOSS advocates should be following the recently announced Novell anti-trust case against Microsoft with as much vigour as we do the SCO-IBM case. Whilst the latter is to all intents and purposes settled in favour of the Good Guys, the article points out how Novell v. MS is far harder to call.

      Erm... Doesn't it talk about IBM - SCO as good -vs- bad not MS?

    5. Re:The "Good Guys" by IT+Steve · · Score: 1

      Only if you have the authority to label a person or a company as doing such.

    6. Re:The "Good Guys" by loid_void · · Score: 1
      "The only way to destroy an enemy is to make him your friend."

      I think the guy who said that was the bad guy.

      --
      Anyone seen my jagged little pill?
    7. Re:The "Good Guys" by strider44 · · Score: 0, Troll

      How about "guys who are trying to protect their intellectual property from competitors who [*cough cough*] stole code off them and are now completely ruining their business"?

      Everything has two sides, even with people trying to kill linux.

    8. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      Up to 100,000 of them in Iraq, hey? Oh, sorry, those were the figures for the non-combatants in the recent Lancer study.

    9. Re:The "Good Guys" by Anonymous Coward · · Score: 5, Interesting

      Wow. I never thought I'd see the day when this argument was logically followed through to its conclusion *and shown to be false by the person making it*.

      This "everyone has to be objective" thing is nonsense. No one is truly objective. Everyone has a personal stake in whatever it is that interests them, just by them being interested.

      You said it yourself. Each side believes they are right. That's likely true. And whether or not in the grand scheme of things one is more morally justified than the other, it is a natural thing for people to choose sides and then fight for them. (And it's not entirely people, either - wolves choose a side againts rabbits, and the rabbits against the wolves.)

      It's this "everyone must be objective" and "one must always reason" argument that leads to more problems. If you don't believe me, there's a gentleman named Neville Chamberlain who was proof enough otherwise. Saddam was evil; there can be no doubt about that. That he is no longer in power can only be a good thing.

      The same goes for Microsoft and Novell. No one company is pure good; however, some are worse than others. Microsoft has been in hot water with not only the DOJ, but the Eurpoean Union. Countless examples of their anti-competitive practices exist - ask Netscape or Be. So to say that Microsoft is the "bad guy" in this situation is not only smart, but also accurate. Painting Novell as the "good guy" is accurate as well - they're one of the few companies that have survived against Microsoft's continued sabotage.

      While it may work on planet Vulcan, here on earth, people take sides. Sides are good and bad. Very few instances have those sides so equal as to not be able to tell the good from the bad; this is certainly not one of those instances.

    10. Re:The "Good Guys" by rewt66 · · Score: 2, Interesting
      You have a good point - in general. But applied to Microsoft, you've got to be kidding. I do not want to "reason with" Microsoft. Even more, I do not want to make Microsoft my friend. I've seen what they do to their friends, historically, and it resembles what a female black widow spider does to the male.

      See, Microsoft isn't a person. It's a corporation. And it doesn't care how much I want to be friends with it. I'm small enough, Microsoft doesn't even know that I exist. Microsoft is not going to change it's behavior based on whether I try to make them my friend or not. So, given a behemoth with hostile behavior, I have three options: Destroy it, avoid it, or be destroyed.

      Yes, I'm partial. I'm against Microsoft. But my partiality is based on impartially reviewing their documented behavior over a period of years.

    11. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      'only trained to kill, not think'?

      Gee you arent showing any bias there. I think if someone is shooting at me, I'd be shooting back (assuming I was able) regardless of my political beliefs, or wether bleeding heart liberals thought I was just trained to kill.

      If you are being shot at, feel free to take all the time to think that you like. RIP.

    12. Re:The "Good Guys" by aralin · · Score: 2, Interesting
      Looking in the history, I'd have to say that Genocide worked just fine for many. Genghis Khan burned to ground any city which resisted and killed all men, women and childern. He had surprisingly few enemies. There is a lot of wisdom to these old sayings, but trust me, there is never "only way" to anything.

      But I agree with you that if you look at things with "good" and "evil" labels in mind, it just clouds your vision. Lets get back to forementioned Genghis Khan. If he would dwell on problems like is a genocide "evil"? He would have so many enemies all over his borders, that his realm could never enyoj a full century of peace. Come to think of it, he was the last person who managed to keep peace on a whole continent for that long. Its hard to decide, was he "good" or "evil"? ( Or was he damn good at being evil? 0:) ) One thing is for sure, his pragmatic point of view made him a very successful ruler.

      --
      If programs would be read like poetry, most programmers would be Vogons.
    13. Re:The "Good Guys" by mrchaotica · · Score: 4, Interesting

      Well, of course they would be good guys if that were true. It's pretty much been established (by Groklaw and the court system) that in SCO's case it is not.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    14. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      Agreed, MS is evil.

      'Allah' doesnt exist, any more than the fabled all-powerful being of any of the so-called 'religions'; another possibility is that there is only one nonexistent all-powerful being, and all of the popular myths and fables (ala 'religions') have different 'names' for it. Regardless, that they/it is nonexistent renders moot any allegation of being 'evil'

      I will agree that much evil is done in the *name* of those nonexistent all-powerful beings.

    15. Re:The "Good Guys" by mrchaotica · · Score: 1

      Alright, then do the courts have that authority? Because when the submitter talked about "Bad Guys" he was referring to SCO, who is close (AFAIK) to losing their court case.

      Of course, to be fair I actually had Microsoft in mind when I wrote that. So, since I'm the one who implied that Microsoft is a "Bad Guy," I'll justify my opinion:

      Based on my observations and experiences regarding Microsoft, it is my belief that they are violating anti-trust law by using anticompetitive practices to create and maintain monopolies.

      For that reason, my opinion is that Microsoft is a "Bad Guy." Is that okay with you, or did I overstep my authority?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    16. Re:The "Good Guys" by ajs · · Score: 1

      Your reading it wrong. That statement was in reference to SCO, and yes, Slashdot as a community is generally of the opinion that SCO are "Bad Guys". I'm not sure I 100% agree with that, but I certainly am more willing to accept that characterization than I am to accept it refering to Microsoft, the way you seem to have taken it. Microsoft is motivated by profits and little else, but they do continue to produce some things which benefit the public at large to some (perhaps insufficient for the impact they have) degree.

      SCO on the other hand really isn't doing enough for the world to merit sucking up my air.

    17. Re:The "Good Guys" by djradon · · Score: 4, Insightful

      It's hard to sympathize with any company whose actions have been so underhanded . They ruined their own business a long time ago, and their current legal manuevering is at best an ugly money grab.

      But it seems the impact on Linux will be, at worst, a re-write of any SCO-owned code, should any be found.

      FOSS will never die.

    18. Re:The "Good Guys" by lobsterGun · · Score: 2, Insightful

      The parent post typifies relativism at its most boring.

      It denies that there are just causes that are worth fighting for. What a sad world this would be if it were true.

    19. Re:The "Good Guys" by donnz · · Score: 1

      Agreed. Particualrly when you consider that Novell, Caldera/SCO, Canopy all come from the same Noorda stable and seem to share a common business model. Buy a struggling company a sue the shit out'a somebody bigger. They sure have had some big payouts in the last ten years or so.

      Still, the article in question does makes a very valid point about why the case should be followed from a FOSS perpective.

      --
      -- Free software on every PC on every desk
    20. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      As any company or person who has delt with MS will tell you, they are always the Bad guy.

      Yeah - the huge ISV market is full of masochists that like to get, figuratively, raped by Microsoft. The billions that Microsoft spends each year on running events for partners and ISVs and evangelists and so on - that's because Microsoft secretly hates everyone they deal with. Get a grip.

      Microsoft might be an abusive monopolist, but they know they need others on their side as well. And they spend a lot of time, effort and money keeping those people "on side" and working for the Microsoft platform, and not something else.

    21. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      How do you know that?

      While you are correct that Allah as in 'Allah the god' doesn't exist, rest assured he is very real.

      But of course he isn't God. He's a demon, a very good one ('good' in the sense of skilled) who has managed to enslave a good portion of the planets population.

      The truth is there's a whole lot more going on in the world than what you can see in front of your face.

    22. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      No, because then you assume that the law is good.

    23. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      It's even worse than you suspect.

      When Satan rebelled and there was that big war in heaven, Satan and the rebel angels actually won, and overthrew God. Then Satan put out the word that he had lost and been cast into hell. God was in his heaven and all was right with the world. Man, is that Satan slick. Now millions of people who consider themselves Christians have been enslaved by him and his son.

      I guess the buddhists are our only hope at this point.

    24. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      > (remember much of Novells upper management are tied up in the Church of Latter Day Saints)

      Where the fuck do you get this from?

      By the same fucked-up logic, Novell's upper management (who currently resides in the Boston area) are a bunch of homosexuals because they are in Massachusetts? Guilt by association, right?

      Not all people who live in Utah are Mormon. Making stupid fucking assumptions like this just makes you look like an idiot.

      (From someone who lives in Utah and isn't a member of that the LDS Cult)

    25. Re:The "Good Guys" by cranos · · Score: 1

      Just a quick point, Allah = God = G-D (For the jewish on the board). It's amazing how many people forget that Judaism, Christianity and Islam all spring from the same source.

    26. Re:The "Good Guys" by Fnkmaster · · Score: 1

      made him a very successful ruler

      Depends how you define that. Genghis Khan is one of the few people in history who managed to make his memory universally loathed in EVERY region he ruled over, except in his native Mongolia. If you measure your success as a ruler by how you are remembered in the history books after you die, then he was a reather unsuccessful ruler indeed.

      Other great imperial rulers have their checkered histories, and probably had to kill a few people and piss some off to maintain order, but Genghis Khan is more like a Hitler than an Alexander the Great or a Caesar Augustus. Not all the great empire builders followed a strict regimen of rape, pillage and slaughter.

    27. Re:The "Good Guys" by aralin · · Score: 1
      If you measure your success as a ruler by how you are remembered in the history books after you die

      Thats extremly bad measure, since the books you read are mostly written by his enemies. I think that Alexander the Great and Caesar wouldn't look half that good if most of the records about them that survived until today wouldn't come from their respective nations.

      I measure the success by how much time of peace and prosperity did the ruler secure for citizens living inside the borders of his influence. By this account the old Rome has over 200 years for a continent at peace (Europe), Genghis Khan almost a centry in Asia and I belive Egypt had quite a few centuries over large parts of Africa and Mideterrean areas. I guess we could more or less give US over a century at North America. Which would put them on par with Genghis Khan :))

      --
      If programs would be read like poetry, most programmers would be Vogons.
    28. Re:The "Good Guys" by Trogre · · Score: 1

      Uh, I wasn't making any generalisation about Utah. I was making one about Novell.

      Read up on Novells history and hiring policies sometime. It is a mormon company.

      Respectfully,
      Trogre

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    29. Re:The "Good Guys" by Fnkmaster · · Score: 1

      Thats extremly bad measure, since the books you read are mostly written by his enemies.

      Maybe because he had no friends? Seriously though, plenty of other conquering peoples aren't in my nation-states' direct lineage, like the Ottoman Turks, and while they did plenty of nasty things too, I don't think they were on the level of Genghis Khan.

    30. Re:The "Good Guys" by aralin · · Score: 1
      Maybe because he had no friends? Seriously though, plenty of other conquering peoples aren't in my nation-states' direct lineage, like the Ottoman Turks, and while they did plenty of nasty things too, I don't think they were on the level of Genghis Khan.

      This really depends on who you ask. For example if you will go to Slovakia, which is a country that was on a border of expansion of both Genghis Khan's and Ottoman's empires, just west of Ukraine, you will find no bad feelings, memories or accounts of Genghis Khan, while you will find plenty of references to attrocities caused by the Turks.

      Thats because historic accounts are very subjective, they differ from place to place, the literacy levels of defeated nations at the time and many other factors. As such they make for extremly bad measure for quality of rulers.

      I simply have to stick with the numbers. Things like years of peace, percentual comparisons of gross domestic product, literacy levels, monetary stability and others are much better and we have plenty of evidence to compare those.

      --
      If programs would be read like poetry, most programmers would be Vogons.
    31. Re:The "Good Guys" by subsoniq · · Score: 2, Insightful

      The Iraqi resistor may be shooting at the American soldier because he believes that the occupation is unjust. The American soldier may be shooting back only because he has been trained to kill instead of think.

      Now just hold on here a second, this sounds like a loaded statement. I served 8 years in the US military and I can say that one of the things they train you on quite a bit is conduct in war, especially the Geneva Conventions and the Laws of War. To insinuate that American troops are trained to shoot first and ask questions later is bullhockey, the military spends a lot of money on training it's personnel about how to deal with combatants and non-combatants. Just because one individual might ignore all the training he's received doesn't mean the entire US military is made up of blood thirsty monsters looking to kill anything in their path. Your statement certainly appears to point to that conclusion, and if that's not what you meant then I apologize for the rant. But on the other hand if you're the type to blindly make assumptions about well over a million Americans serving their country in the armed forces, then you, Sir or Madam, should go Fuck yourself. Pardon the language.

    32. Re:The "Good Guys" by Creepy+Crawler · · Score: 0, Redundant

      ---Your reading it wrong. That statement was in reference to SCO, and yes, Slashdot as a community is generally of the opinion that SCO are "Bad Guys". I'm not sure I 100% agree with that,

      Bad to whom? IBM and Linux in general.. though it doesnt seem too good for them now.

      ---but I certainly am more willing to accept that characterization than I am to accept it refering to Microsoft, the way you seem to have taken it. Microsoft is motivated by profits and little else,

      Any Public company has a FIDUCIARY OBLIGATION to make money in the interest of the stockholders. If a company does not put profits in front of everything, they are sued for failure to communicate fiduciary duty for the stockholders.

      ---but they do continue to produce some things which benefit the public at large to some (perhaps insufficient for the impact they have) degree.

      All that matters is that they make the most money they can. The products are a means to that.

      ---SCO on the other hand really isn't doing enough for the world to merit sucking up my air.

      The directors at SCO still have that fiduciary responsibility. If making lawsuits and collecting are how they do it, they satisfy that responsibility, even if they no longer "create" a product.

      --
    33. Re:The "Good Guys" by timpaton · · Score: 1
      So, we aren't allowed to define "bad guys" as "guys who try to pervert the law in order to accomplish something in direct opposition to it's spirit?"

      Just to clarify - are you referring to Microsoft, SCO, or the American troops in Iraq?

    34. Re:The "Good Guys" by NCraig · · Score: 1
      So, we aren't allowed to define "bad guys" as "guys who try to pervert the law in order to accomplish something in direct opposition to it's spirit?"


      Of course you are!

      This is why Stallman thinks Gates is a bad guy.

      It's also why Gates thinks Stallman is a bad guy.

      Uh oh!

    35. Re:The "Good Guys" by mrchaotica · · Score: 1

      What law is Stallman trying to pervert? Copyright law? If that's what you're referring to, read this. I'd say that Jefferson's opinion is about the closest to the spirit of the law as you can get, since he helped write it into the Constitution!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    36. Re:The "Good Guys" by mrchaotica · · Score: 1

      Microsoft and SCO. I refuse to have an opinion about Iraq in this topic.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    37. Re:The "Good Guys" by NCraig · · Score: 2, Interesting

      I don't personally believe that Stallman is trying to pervert the law. I'm merely pointing out that certain people think that. Stallman contends that current copyright law is misguided and should be changed. Gates, however, seems to think that copyright law is working just fine in protecting his assets. He probably views Stallman's ratifications as chipping away at a good system. Therefore, Gates would contend that Stallman is a "bad guy" who is trying to "pervert the law in order to accomplish something in direct opposition to its spirit."

    38. Re:The "Good Guys" by xenocide2 · · Score: 2, Interesting

      In the america vs iraq example, who's law? Kant's theoretical law of democracy through war and peace, or the Islamic law that the insurgents are fighting for? Kant disagreed with a state mandated religion, and I'm pretty sure Islamic law isn't subject to the whims of the people.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    39. Re:The "Good Guys" by mrchaotica · · Score: 1

      Well, in that case Gates' interpretation of the law is wrong. We know that Jefferson wrote the law, and from those letters to Madison we know his views on the subject: monopolies (i.e., copyrights, patents, etc., not just companies like Microsoft) are bad, but possibly necessary to encourage innovation -- and he only reluctantly agreed to that! Considering that fact, do you think anyone, even Bill Gates himself, would honestly believe that Jefferson would think that Gates still needs or deserves a government-granted monopoly?

      Some issues of right and wrong are debatable: you could argue that Jefferson's views on monopolies are wrong. But we know what they were, and we know that the law was written to reflect his views. Therefore, we know exactly what the spirit of the law is. If you notice, I carefully defined "bad guys" solely in relation to the spirit of the law. I did not make any judgement of that spirit.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    40. Re:The "Good Guys" by mrchaotica · · Score: 1

      Sorry, as I stated above, I refuse to discuss Iraq in this article, as it would be grossly off-topic. Besides that, I don't know enough about either Kant or Islamic law to have an informed opinion anyway! Finally, I didn't intend to discuss ideology -- my definition accepts "spirit of the law" at face value, whether it's right or wrong.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    41. Re:The "Good Guys" by mrchaotica · · Score: 1

      Now that I think about it, I think perhaps my definition should be limited to situations where all parties accept the binding nature of the law. In other words, by the fact of their US citizenship, people like Bill Gates, Darl McBride, and Richard Stallman agree to be bound by US copyright law.

      In contrast, Americans do not accept Islamic Law and Iraqis do not accept American law, so there's no common basis to reconcile what "the spirit of the law" is for the combined group.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    42. Re:The "Good Guys" by strider44 · · Score: 1

      I'm not giving a critique on the reliability of SCO's version of events, but I'm just trying (and it seems failing with a very stubborn slashdot section) to point out that even if you disagree with an argument, there is always two sides to every story. If you blindly ignore and don't even try to empathise with what people have called the "enemy" then . . . well that's just stupid.

      I'm not trying to incite contrivercy or be a troll (and I'm of the opinion that whoever marked me down before has a strange opinion of "troll") - I'm just trying to make a point.

      Anyway you're not exactly teaching the uninformed. I use debian linux, read every article on groklaw (and have for quite a while now) and follow cases like this quite carefully. If I lived in America I might have travelled to the court in person.

    43. Re:The "Good Guys" by mrchaotica · · Score: 1

      I don't think the business model is the problem, but rather whether they have a legitimate grievance against the company they're suing (e.g. SCO didn't, but Novell (as far as I know) does).

      That doesn't mean that buiness models can't ever be a problem; Microsoft's business model of stifling competition is illegal, for instance.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    44. Re:The "Good Guys" by mrchaotica · · Score: 1

      I think I realized that, which is why I said "well, of course they would be good guys...." The thing is, though, that we already did listen to their side and tried to empathize with them. Your post seems to imply that we should still be doing so, even though their side of the story has been refuted. I think perhaps you should have stated it differently, such as "But some could consider them to be "guys who are trying to protect...." As it stands, you have an insightful post expressed in a trollish way.

      I agree that the troll mod is unfair, although I understand why the moderator did it. He should have paid more attention to your second sentence.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    45. Re:The "Good Guys" by HuguesT · · Score: 1

      Talk to the Armenians about the Turks. "Genocide" is the word most commonly used to described what happened.

    46. Re:The "Good Guys" by ajs · · Score: 1

      Any Public company has a FIDUCIARY OBLIGATION to make money in the interest of the stockholders

      Random side point: is that the correct use of fiduciary obligation? I thought that only refered to the obligation of a broker, agent or accountant to their client.

      None the less, I get what you mean, and you're right.

      What I think we've lost sight of in recent years, and Microsoft is guilty of having lost sight of it too, is that that is not the only responsibility that they have. They have a responsibility to their employees (in fact many responsibilities, some of which are enforced by law, and some of which are just part of our culture). They also have a responsibility to the law, including anti-trust laws.

      Another important point: where do you draw the line? Do they have a responsibility to increase their stock value forever? There's an expectation that they do, but in reality a company that simply maintains their market and produces dividends SHOULD (and used to) be considered to have met their obligation. Remember that stock is not an interest-bearing instrument.

      We've become a culture obsessed with the idea that companies grow without bounds, and we punish harshly any company that fails to do so. The result is that companies have to either lie (Enron, MCI) or cheat (Microsoft, Walmart) in order to match our unrealistic expectations. Companies that play by the old rules are simply crushed.

      The directors at SCO still have that fiduciary responsibility. If making lawsuits and collecting are how they do it, they satisfy that responsibility, even if they no longer "create" a product.

      No. For several reasons no. First off, "SCO" as it exists today is a fiction. The company was dying and was purchased by people who had no interest in the product, only in the value of the litigation that they could initiate. I submit to you that starting a business based on the concept that you can sue for profit is unethical (not illegal) and SHOULD result in your being viewed as the "Bad Guy".

      Second, risk is part of a business plan. If you execute your business plan as stated in your filing with the SEC and it fails, you are NOT under any obligation to invent a new plan by any means necessary to save the business. That means that there is no counter-weight to the law or even ethics that says you must find a way, any way out. Now, you probably should for the aforementioned reasons of obligation to employees, etc, but that's no reason to start abusing the legal system.

      Third, SCO is acting as a strong-man, absuing the Linux communtiy for those who would rather not get their hands dirty. There is no better definition of "Bad Guy".

      All of that aside, I was simply responding to correct a mistake in a post. It wasn't Microsoft that was being called a "Bad Guy".

    47. Re:The "Good Guys" by Sarastrobert · · Score: 1

      I guess we could more or less give US over a century at North America. Which would put them on par with Genghis Khan

      Are we talking about the same US? Do you mean the US who has destabilized South America during the last decades. That had democratically elected goverments be overthrown to be replaced by Military dictatorships who then proceeded to kill thousands of their citizens for disagreeing with their ways?

      Are we talking about the US that caused the bay of pigs, who invaded Grenada, who invaded Panama etc etc.

      I guess this goes to show how hard it is to decide who is good guy and who is bad. It is all a matter of view. Presonally I do not want any of that kind of "Pax Americana" imposed on me.

    48. Re:The "Good Guys" by jedidiah · · Score: 1

      The other side to an argument can also be a total work of fiction.

      This is also something that needs to be acknowledged.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    49. Re:The "Good Guys" by jedidiah · · Score: 1

      It is unclear that there is any islamic principle that support the Iraqi insurgency at this point. The stated goal of the US military has been to rebuild the anthill that they knocked over and get the hell back out. Any action that slows this process is ultimately harmful to the nation of Iraq and the average Mo.

      The militias just aren't blowing up GI's. They are also attempting to destroy the law enforcement infastructure, scaring off simple truck drivers and power plant maintenance crews. They are also beheading allied charity workers.

      They aren't just "fighting the good fight".

      --
      A Pirate and a Puritan look the same on a balance sheet.
    50. Re:The "Good Guys" by jedidiah · · Score: 1

      The problem with all of this is that Microsoft still turns out to be a bad guy even if you "enforce objectivity". The facts remain. History remains. Gates started out in business by blackmailing and then betraying his first big customer.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    51. Re:The "Good Guys" by Clansman · · Score: 1

      Correct. What if it is an unjust law?

    52. Re:The "Good Guys" by mrchaotica · · Score: 1

      Once you start talking about that you have to start debating morality, which can differ between people. In that case, there's no possible way to have a clear-cut definition. So, in order to avoid that problem, my statement assumes the law is just.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    53. Re:The "Good Guys" by hendersj · · Score: 1

      You are mistaken, it isn't a Mormon company. I work for Novell and have been through the hiring process. I also am a shareholder, as it is traded on the public market.

      It was originally founded by people who happen to be members of the LDS church, yes, but that does not make it a Mormon company. Beneficial Life is an example of a Mormon company.

      --
      Insanity is a gradual process; don't rush it.
    54. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      The problem with all of this is that Microsoft still turns out to be a bad guy even if you "enforce objectivity". The facts remain. History remains. Gates started out in business by blackmailing and then betraying his first big customer.

      It doesn't even come down to objectivity. Relativists like the parent poster of this thread essentially deny both morality and logical reasoning. Theirs is a world utterly devoid of all meaning and purpose. Years ago, this would probably be considered classic insanity. Now, it's hip and trendy or something.

      Let this be a lesson to all: Relativism is pure BS. Don't be brainwashed by it. It has the potential to literally destroy a society, because guess what? The bad guys aren't relativists!

    55. Re:The "Good Guys" by Anonymous Coward · · Score: 0

      This "everyone has to be objective" thing is nonsense. No one is truly objective. Everyone has a personal stake in whatever it is that interests them, just by them being interested.

      Relativism is pure BS, folks. Don't be brainwashed by it. It has the potential to literally destroy a society, because guess what? The bad guys aren't relativists!

    56. Re:The "Good Guys" by Trogre · · Score: 1

      Are you sure about that? In Linus Torvalds (50% auto)biography, he is introduced to some of the management of Novell, who take him of a tour of the local mormon temples.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    57. Re:The "Good Guys" by Creepy+Crawler · · Score: 1

      ---Random side point: is that the correct use of fiduciary obligation? I thought that only refered to the obligation of a broker, agent or accountant to their client.

      I believe so.. but I'm not a lawyer.

      ---None the less, I get what you mean, and you're right.

      What I think we've lost sight of in recent years, and Microsoft is guilty of having lost sight of it too, is that that is not the only responsibility that they have. They have a responsibility to their employees (in fact many responsibilities, some of which are enforced by law, and some of which are just part of our culture).

      They do, but some of those are social mores and expected in current culture. Better businesses usually keep more of these in lieu of making more profits. That tatic usally keeps better employees and maintains better customer relations.

      ---They also have a responsibility to the law, including anti-trust laws.

      And there's cases where the law may not be right. As of around 2000, Microsoft, in my opinion, has lost its monopoly status to Linux. How do you fight against a group making software, when they do not receive money for use, free to modify and redistribute, and not even an identity (another corporation)?

      ---Another important point: where do you draw the line? Do they have a responsibility to increase their stock value forever?

      No, they do not have a responsibility to increase it, they have a responsibility to attempt to increase it. The difference is just like the way the Constitution is made: right to life, liberty, and the PURSUIT of happieness. They have a responsibility to try their best effort, but sometimes, they cannot.

      ---There's an expectation that they do, but in reality a company that simply maintains their market and produces dividends SHOULD (and used to) be considered to have met their obligation. Remember that stock is not an interest-bearing instrument.

      ---We've become a culture obsessed with the idea that companies grow without bounds, and we punish harshly any company that fails to do so.

      Well, thats growth. What would you expect if you invested in a company, and then they turned around and said "We're done innovating. We have all the money we're happy with", what would you say or respond? I'd sue them for misleading the prublic.

      ---The result is that companies have to either lie (Enron, MCI) or cheat (Microsoft, Walmart) in order to match our unrealistic expectations. Companies that play by the old rules are simply crushed.

      There were never really any old rules. Making money is still priority #1 and will be. Any action that a company does is to lead to that principle.

      --
    58. Re:The "Good Guys" by ajs · · Score: 1

      Well, thats growth. What would you expect if you invested in a company, and then they turned around and said "We're done innovating. We have all the money we're happy with", what would you say or respond? I'd sue them for misleading the prublic.

      That is entirely a matter of looking over their S-1. It's not a judgement call at all.

      If their S-1 said, "we plan to produce widgets for sale in the United states," and they announce that they're a) not going to get into selling wudgets, which are now all the rage, and b) not going to start selling over-seas, then their stock price might drop because there's an expectation that that limits their growth, but that IS what you signed up for according to the S-1. If they decide to go affield and get into new things, they need stockholder approval, but they'll probably get it. To decide to stick with the existing plan, they need much less (if any) approval of the stock holders or even the board.

      Now, we can get into the fact that no one reads S-1s any more and that stockholders expect the board to force growth, but that's not the company's fault and I don't think it's legitimate to apply a growth-oriented business plan to every company by default. Simply providing dividend returns and maintaining your position in the market was a valid plan for most of last century, and it technically (if not practically) still is.

      There were never really any old rules

      The SEC has volumes and volumes of rules, and surprisingly most of the "sense" that the modern investor has of what it means to be a public company has no grounding in those rules. That disconnect is what I'm refering to.

    59. Re:The "Good Guys" by hendersj · · Score: 1

      Yes, I am sure about that. Sure, some of the management are members of the LDS Church, but that does not make Novell a Mormon company. Some of those members of management may have taken Linus on a tour of parts of the local temples (in order to tour the full temple, you must be a member in good standing, though I understand it's not hard to work around that if you really, really wanted to). If I were an executive (I'm not) and then took you to a Pagan circle, would that make the company I work for a Pagan company?

      I used Beneficial Life as an example of a Mormon company. They are actually an asset of the LDS Church. That is the definition of a Mormon company. Another example is Zion's Bank.

      --
      Insanity is a gradual process; don't rush it.
  8. Sounds like a good idea to me! by mrchaotica · · Score: 2, Insightful
    From the article:
    At a minimum, following this case will help prepare us better to understand the IBM unfair competition counterclaims in the SCO v. IBM case. But even better, evidence of such tactics can establish Microsoft's improper motives as part of an unfair competition defense to later Microsoft lawsuits or legislative attacks on FOSS, such as lawsuits asserting Microsoft's alleged intellectual property rights like patents and copyrights as weapons against FOSS. The existence of such a database may also to some degree deter Microsoft from pursuing such tactics.

    <snip>

    A public and freely available repository for such evidence would be an incredible resource for FOSS lawyers, developers, and users likely to need such evidence in the future. Unfair competition defenses to IP lawsuits require, by definition, that the motive of anti-competitive acts be proved. The acts must not only be proved to have an anti-competitive effect, but also that they were knowingly intended to have such effects. Bear in mind that it's a truism of anti-trust litigation that even lawful acts taken for an unlawful anti-competitive purpose are unlawful.
    Anything that we can use to defend ourselves against Microsoft is a good thing in my book!

    [I'm not the most impartial person around, of course...]
    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  9. my vote... by SuperBanana · · Score: 4, Funny

    ...is that editors be limited to one story about it per week. I'm sorry, but I'm just fed up after the tabloid-like fetish the editors had with the whole SCO thing that most of us didn't give a crap about, at least not on anything near that level. "Darryl sneezes!" "Assistant wipes his nose for him!" "IBM has no comment!" "Groklaw eloquently pontificates!" "IBM says 'bless you', is settlement around the corner?"

    Wait- make that twice a week, if you count the inevitable duplicate because the editors can't be bothered to read their own site.

    Metaediting, anyone? Jolly good!

    1. Re:my vote... by GreyWolf3000 · · Score: 1

      I agree. It is entirely possible that the same damage that the OJ Simpson trial did to the integrity of mainstream medio is being done to Slashdot?

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
  10. burst.com? by SenFo · · Score: 0

    Ok, you win...What burst.com case?

    1. Re:burst.com? by Cosmix · · Score: 4, Informative

      Burst is currently in court suing Microsoft for stealing their video on demand technology. Microsoft had examined the technology over a period of many months, decided not to license it but did offer Burst $1M for an exclusive license. Burst declined and soon MS was touting a new version of their media player featuring the same technology.

      During trial discovery Burst lawyers found that Microsoft had purged all emails regarding Burst during the negotiating period. So that puts Burst SOL unless they can prove why the emails were destroyed.

    2. Re:burst.com? by westlake · · Score: 1
      Ok, you win...What burst.com case?

      Burst.com is a penny stock company with no employees, no product and no discernible assets except a lawsuit against Microsoft, a company kept afloat by speculators --- gamblers --- in the lawsuit lottery game who believe a pot of gold lies at the end of that particlar rainbow. Burst.com's streaming snake oil

  11. Re:Yawn by loid_void · · Score: 0, Offtopic

    Dude, I just read all 68 pages. Thank you Fun With Phonics.

    --
    Anyone seen my jagged little pill?
  12. Re:Windoze and .Not sucks only way M$ wins ? by Anonymous Coward · · Score: 0

    You are a human cliche. Try thinking for yourself sometime, boy.

  13. Re:Yawn by ssimontis · · Score: 2, Interesting

    I learned from the SCO case that by reading the article headlines, I can get all the info I need. I really have better things to do then try and track the entire case. When some big thing happens, like when a settlement is reached, I'll read the article, but most of the time, I read the title and figure out it is useless. These cases might be important, but the thing that maters the most for me is the outcome. If this is like the SCO case, there will be a long time where Microsoft will probably spread FUD and try to stall while making up pure and utter bullshit. That's my way of following the case. No need to go into detail as far as I'm concerned.

    --
    Scott Simontis
  14. King Kong vs. Ant by thelaststarfighter · · Score: 1

    Patent lawsuits and anti-competitive intent have little to no bearing on a FOSS developer, they couldn't afford to defend against or start a lawsuit against Microsoft or another company that size.

    1. Re:King Kong vs. Ant by Anonymous Coward · · Score: 0, Funny

      Must... string... together... coherent sentence...

  15. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  16. Spoilation by grolaw · · Score: 1

    Pronounced:

    Spo (long O) Li a (long A) tion

    SPOILATION is the last refuge of the above-the-law. It will result in a judgment against the party spoiling the evidence - sooner or later.

    1. Re:Spoilation by Anonymous Coward · · Score: 4, Informative

      www.bizjournals.com/houston/stories/2002/02/25/foc us6.html

      The above link is a good article on the subject. Basically, if you know that litigation is coming, you can not destroy evidence. That's for civil cases. Destroying evidence in criminal cases really gets you in trouble.

      Spoilation became a big issue with the Enron case. In other words, the rules of the game have become much clearer. What Microsoft thought it could get away with, it can't anymore.

    2. Re:Spoilation by Red+Rocket · · Score: 1


      Pronounced:

      Spo (long O) Li a (long A) tion


      If that's the way it's pronounced then it's spelled wrong. The i is clearly not between the l and the a.
      The definition I came up with for spoilation is a synonym for plundering and pillaging.

      The word "spoliation", on the other hand seems to have the same definition with the addition of a legal one:

      n 1: (law) the intentional destruction of a document or an alteration of it that destroys its value as evidence

      --
      - Hail to our fearless misleader! Fool speed ahead!
  17. Maybe by jd · · Score: 1

    It would be better to save the evidence and have the DoJ just destroy Microsoft. It would cut down on the increase in entropy.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Maybe by Anonymous Coward · · Score: 0

      Yeah, I feel the same way about Wal-Mart, the MPAA, the RIAA, pediphiles, perverts, the boogey-man and SCO, too! Get a grip, man.

  18. MS vs Novell by strider44 · · Score: 1

    A lot of linux zeolots around here (and even some Windows users) will be thinking that anything that could hurt Microsoft must be linux friendly.

    So my answer to the question posed in the title is "yeah, why not?" Besides, it is topical to current computer events.

    1. Re:MS vs Novell by Anonymous Coward · · Score: 0

      Well, anything that could hurt Microsoft must be anything else friendly

    2. Re:MS vs Novell by Ilgaz · · Score: 1

      I am not a linux zealot, not even a open source liking guy.

      What made me disgusted about MS tactics is buying OS/2 Warp 3 for free internet account at ibm.net

      After using that OS for months and seeing how it died (for general end user) by disgusting tricks of Microsoft, I had a reason to hate Microsoft.

      Not an IBM share holder of course :) If you have used OS/2 by any chance, that true 32bit system and HAD to use Windows 95, that fake OS running over DOS (yea, virtualized,bla bla) you may easily understand that "trick" of MS pushed x86 to at least 5 years earlier.

      Now using Mac G5 as only system, using OS X, still NOT VERY MUCH impressed as I was impressed at 1995 first time running OS/2 on my Pentium 75.

  19. Patents and antitrust by tepples · · Score: 5, Insightful

    Anticompetitive misuse of a given patent attracts more researchers to search for prior art that would invalidate that patent. In addition, 35 USC 271(d)(5) implies a narrow exception to the definition of patent infringement where one with "market power" (that is, a monopolist) ties the purchase of a patented product to another specific product.

  20. Re:Windoze and .Not sucks only way M$ wins ? by MrDomino · · Score: 2, Funny

    I thought the cliche anti-establishment Linux advocate typically at least had proper grammar...

  21. Summary of why we should care by fireboy1919 · · Score: 2, Interesting

    1) This case will provide evidence of why Microsoft is evil.
    2) This evidence will show us the face of evil, so that we know what we're looking for when other companies, such as SCO, are evil.
    3) When they do more evil, the victims can bring up this evidence in court.

    In this case, by the way, "evil" mostly means "anti-competitive and monopolistic."

    --
    Mod me down and I will become more powerful than you can possibly imagine!
    1. Re:Summary of why we should care by Anonymous Coward · · Score: 0

      Or:

      1) This case will provide fresh evidence that Novell is bungling mess of incompetence.
      2) The evidence will show that Microsoft one at least business battle by producing a technically superior product.
      3) Novell will lose, and Microsoft will stop paying out claims and instead use its enormous bankroll to crush litigous competitors into the ground.

      By the way, I define willfull ignorance one kind of "evil".

    2. Re:Summary of why we should care by Ilgaz · · Score: 1

      I am not interested in this case since nothing will surprise me after reading very old, mafioso tactics of MS, YEARS ago at "The Microsoft File":

      http://www.amazon.com/exec/obidos/tg/detail/-/0812 927168/qid=1100772396/sr=8-8/ref=sr_8_xs_ap_i8_xgl 14/102-9458463-2904913?v=glance&s=books&n=5078 46

      If you read its preface, you will understand what I mean.

      Nothing can surprise you after reading what they did to IBM at OS/2 days. They do it to IBM, that monstrous big company. Imagine what they can do to "smaller" rivals.

  22. Re:Yawn by builderbob_nz · · Score: 3, Funny
    Slight problem with you logic, or maybe mine - its been a while so please be gentle. If money is the root of all evil then
    • money = the root of all evil
    • therefore evil = money * money
    • therefore j^2 = i^2
    • therefore j = i
    So they are both as bad as one another? Am I missing something here?
    --

    Karma? Hey I just call it as I see it.
  23. Canopy, not Microsoft, requested destruction by rufusdufus · · Score: 5, Insightful

    If you read the sources carefully especially this you will see that it was Canopy, the successors of Caldera that wanted to destroy their evidence because it was costing them too much to maintain it, and they didnt need it anymore because their case was finished.

    The key line is "The Canopy Group, Inc. ("Canopy"), filed a motion to this court seeking permission to dispose of hundreds of boxes in its possession..", "the primary issues relate to Canopy's desire to avoid further burden and expense.."

    The sort of fudging of facts in the headline here is how you get people who are nearly insane with hatred who post here making the linux crowd look totally unstable to the mainstream.

    1. Re:Canopy, not Microsoft, requested destruction by The+Famous+Brett+Wat · · Score: 1

      Of course, what with Microsoft lurking in the shadows behind "SCO vs Anything Linux-Related" and infusing cash here and there, one can be excused for suspecting that Microsoft may have slipped Canopy a few million to make destruction of evidence a priority.

      --
      proof, n. A demonstration that a conclusion is implied by certain premises and axioms.
    2. Re:Canopy, not Microsoft, requested destruction by AndroidCat · · Score: 1

      So Canopy didn't want to be canopic.

      --
      One line blog. I hear that they're called Twitters now.
    3. Re:Canopy, not Microsoft, requested destruction by Anonymous Coward · · Score: 0
      Hey - we could make everyone who ever worked for Microsoft wear a yellow star. Contractors might get a pink triangle. And then we'll look for a final solution to the problem of eradicating evil.

      Good thing all of us are so objective.

    4. Re:Canopy, not Microsoft, requested destruction by ewe2 · · Score: 1

      The sort of fudging of facts in the headline here is how you get people who are nearly insane with hatred who post here making the linux crowd look totally unstable to the mainstream.

      yeah, well every little bit helps :)

      --
      insecurity asks the wrong question irritation gives the wrong answer
    5. Re:Canopy, not Microsoft, requested destruction by oldgeezer1954 · · Score: 2, Interesting

      "If you read the sources carefully especially this you will see that it was Canopy, " If you had read the sources carefully you would have noticed this "We already have strong indications from other cases such as Burst v. Microsoft that Microsoft has had a document retention policy that has resulted in routine destruction of corporate emails, sometimes even, according to Burst, if they related to looming litigation issues. Microsoft's response to that accusation can be read here." "The key line is "The Canopy Group, Inc. ("Canopy"), filed a motion to this court seeking" No, you're fudging the issue. The canopy group applying for permission is a totally separate issue. "The sort of fudging of facts in the headline here is how you get people [snip] making the linux crowd look totally unstable to the mainstream." Of course your inability to comprehend or fudging of facts to excuse the illegal activities undetaken by MS make you appear to be either ignorant or disingenuous. Ignorance is MS's best accomplice in crime.

  24. A railroad bridge case.... by Anonymous Coward · · Score: 3, Insightful

    Back in the bad old days of the railroad - one of the barrons bought up much of the 'good' crossing point land up and down a river. This allowed said barron to 'have control' over access. Eventually the courts declared that the other railroads could not be denyed the crossing point under the idea that access to critical resources can not be denied.

    It is possible this chestnut could be dusted off and used VS Microsoft.

  25. Why should we? by rewt66 · · Score: 4, Informative

    Groklaw's doing it. Groklaw does careful, thorough, detailed work. Slashdot doesn't do the kind of in-depth research. (Semi-obsessively reading both sites, I think that I can objectively say that.)

    If you feel strongly that this needs to be done, go over to Groklaw and help.

    1. Re:Why should we? by mrchaotica · · Score: 1

      The article is asking "Should Groklaw care about this," and I believe the submitter is asking "should we bother to help Groklaw [which would require caring about this]?"

      In other words, the submitter is advising that we do just what you suggest: "go over to Groklaw and help."

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  26. Catch 22? by eokyere · · Score: 0

    I was reading this article yesterday, all the time thinking... Groklaw.. shut up!... an excellent article that answers the SOL Question I had put out when /. broke the story, beautifully... oh! why I want them to shut up? well, it might not count a lot, but if MS hasn't really thought this through well, which is what the article seems to be pointing to in part, then such articles are going to make them rethink and rethink and rethink... and find some settlement out of court... that means, the very gems the article pushes that we get to collect... well, we don't get to... but of course, if they (groklaw for foss) are going to build support prior to the case to undertake the project, then the only way is to put out such, no? catch 22?

  27. Remember "Certified To Run Under Windows?" by quarkscat · · Score: 1

    Microsoft decreed that any software (or
    drivers) that were officially allowed to
    be badged "Windows Compatible" had to be
    vetted in a Microsoft testing laboratory.
    As I recall, Microsoft charged some pretty
    big bucks ($50K - $250K) for the priviledge.
    I wonder just how many programs (and drivers)
    that went through the Microsoft vetting process
    were disassembled by MS for future use ...

  28. Yes, and a moot question at that by Flexagon · · Score: 1

    For a moment, I thought this was an Ask Slashdot.

    So did I. And the question seemed moot, since Groklaw had already asked this question of its audience and gotten a resounding yes. A very misleading title.

  29. Re:Yawn by Anonymous Coward · · Score: 0

    Mods? How is parent a troll?

    To be quite honest, I agree with him. It's not that interesting, and I'm already sick of hearing about it. There are plenty more interesting things to talk about on Slashdot.

  30. one of these things is not like the other by fermion · · Score: 3, Interesting
    I do not see that the SCO v IBM case is all that decided, nor are the similiar in any interesting way. Furthermore, I do not think that there would be any great interest if SCO had limited the case to the alleged misappropriation by IBM.

    But they did not. They started a PR campaign against open source. Why they did this we may never know. Perhaps it was just a publicity ploy. Perhaps it was a way to way to raise funds for an expensive fight against IBM. In any case, that is what most found interesting.

    IBM may very well have taken code and used it in an unlicensed manner. Who knows. IBM is very big, and can probably get away with stuff like that. MS probably did tweak the API so as to disable Wordperfect. The defense will be that both were on the decline already and were unlikely to survive in any case. Even if IBM or MS loses, the payments are unlikely to significantly hurt the companies. And both will go on following the SOP of doing whatever it takes to make a dollar.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  31. Re:Yawn by The+Phantom+Buffalo · · Score: 1
    Money is a medium that can be exchanged for goods and services.

    The love of money is the root of all evil.

  32. Why must we be "linux zealots"? by CaptPungent · · Score: 1

    Novell is a linux company, they own and develop a distro of linux, so I'd say in this case its safe to say they are linux-friendly.......

    Do you even think before you type?

    --
    C Pungent
    1. Re:Why must we be "linux zealots"? by strider44 · · Score: 1

      Just because they own a distro of linux doesn't neccessarily make them likable around slashdot. Just look at Sun - alot of mean stuff flying around about them. And, really, having Novell gain (in my opinion) at the very max a couple of hundred million when they just gained over half a billion dollars a few days ago, isn't exactly going to start a linux rennaissance.

      I'm just going to stop now - I've had enough trolls in the past few days!

  33. ms is evil, is this, is that.... by Anonymous Coward · · Score: 0

    oh come off the zealot wagon for a minute and look how silly you sound.

    MS is a corp
    corps make money
    corps want to keep competitors down (DUH)

    does this make MS any better or worse then any other corp that wont play nice with the competition? No it doesn't. (dinga-dong)

    take off the tinfoil hats, and stop making up stories and conspiracy theories that just are not there.

    If you want to take money away from MS, create something that can compete. MS cannot and would not try to stop you from this. The only reason you don't is fear of failure, ignorence in business, and inability to actualy do what you keep spouting off about.

    If MS switched every kernel to BSD based, slashdot would still find a reason to call them evil, and create more FUD just because it's MS.

    1. Re:ms is evil, is this, is that.... by Duhavid · · Score: 1

      Yer prolly a troll, but just in case.

      does this make MS any better or worse then any other corp that wont play nice with the competition? No it doesn't.

      Corps are ( supposed to be ) limited here in the US in how they can go about these things. When a company has a monopoly hold on a market, the rules change, and they are not allowed to do some things that are permissible when there is competition. Like some of the things MS has done to stifle others.

      Netscape, Stac, etc, etc.

      MS cannot and would not try to stop you from this.

      Read up on some recent history. MS *has* and does attempt ( and they succeed ) at stopping those that want to compete with them.

      I personally think that Linux is about the only way to reintroduce competition, MS cant kill it, cant buy it, cant do much about it. But look at what that means, no ordinary company can expect to compete ( not without immensely deep pockets, and a very very long range plan ).


      If MS switched every kernel to BSD based, slashdot would still find a reason to call them evil, and create more FUD just because it's MS


      A: Unix != good business. SCO for example. The complaint I have ( and I think, many others ) is based on their actions in the market, not thier technology. ( I do tire of them spouting about having "the best" this and that, when they are basically average ( note, I did *not* say worst, just average ), but that is another rant ).

      So, since switching to a BSD kernal would not change their business practices, yes, we probably will continue to call them bad until they change.

      FUD? Just because it is true? Just because they have gotten away with it?

      --
      emt 377 emt 4
  34. Re:Yawn by adler187 · · Score: 0, Offtopic

    no the formula is:

    women are time and money thus translated in to the equation:

    women = time * money

    and since time is money

    women = money * money or

    women = money^2

    and since money is the root of all evil

    women = (evil^1/2)^2 and thus

    women = evil

    There you have it pure mathematics, women are evil. And since this is slashdot and of course we know that we are not the evil ones, there are no women on slashdot and we don't associate with their evil kind.

    Hmmm... begs the question though, if this holds true, is Bill Gates really a woman?

  35. Re:Yawn by ltmon · · Score: 1

    actually...

    j = +-i

    (i.e. j = plus or minus i).

    So does that mean that being in debt can equate to evil?

  36. This isn't a question for the unwashed /. masses by NullProg · · Score: 5, Interesting

    Its a question for those of us who were around at the time.

    The much anticipated Word Perfect for Windows (6.0) was crap when released. The mass migration to Word was immediate afterwards (especially when Word would import your Word Perfect documents for you).

    Word Perfect Corporation (not Novell) at the time claimed it was due to Microsoft's Win32 SDK. They also claimed that the Beta version of the SDK they developed for was different than the production release.

    According to Joel Spolsky in this story: http://www.eweek.com/article2/0,1759,1726059,00.as p
    It was due to WordPerfect being written in assembler vs 'C' and the office team could write code faster. I disagree as the owner of DOS, MacIntosh and AppleGS versions of WordPerfect. Two of which are GUI/Event driven prior to the release of the Windows 3.x version. All three versions didn't suck. I don't think they used 100% assembler and I have no proof to back up this comment.

    Enter into the true slashdot conversation on this article.

    1) Did Microsoft withhold SDK information from competitors in the first release of Windows 3.0?

    2) Why did Ashton Tate (dBase), Lotus (1-2-3), and others also have problems with their first Windows 3.0 versions? (Keep in mind, all had GUI/Event driven products for MacIntosh/Amiga etc. at the time).

    3) Was Word Perfect and others written in Assembler?

    BTW, Novell should let this thing go. Proof will be hard to find. Evidence will be circumstantial at best. Spend the lawyer fees on improving SuSE. The hell with Microsoft. It's a new era and a new playing field.

    Lets discuss,
    Enjoy.

    --
    It's just the normal noises in here.
  37. Sometimes they don't wait... by wasted · · Score: 2, Informative

    ...for the case to even begin, and destroy the evidence first.

    1. Re:Sometimes they don't wait... by Anonymous Coward · · Score: 0

      Sometimes people don't use court submissions by a litigant as gospel truth. Sometimes.

  38. Re:Good guys? by VocabularyNazi · · Score: 0

    perhaps you should consider what the GPL does for a moment.

    the GPL allows for others to change the source code of someone else's work and to distribute that work, as long as the person doing so provides the source code of their changes, and the proper credit to those whose work it was built upon. patents, however do not necessarily allow for such things and are generally used to squelch others from building upon someone's work. most patents tend to be used for closed and proprietary works.

    those who would steal IP from GPL'ed products and use it in closed, proprietary products deserve neither the protections of the GPL or any other protection of IP.

    --
    I will not be using Plan 9 in the creation of weapons of mass destruction to be used by nations other than the US.
  39. Read the Novell document here. by EdlinUser · · Score: 0, Offtopic

    www.ip-wars.net

    Be warned: it's long.

    1. Re:Read the Novell document here. by Anonymous Coward · · Score: 0

      Interesting - a site that claims to fight the FUD about IP issues, yet half the time is bashing GrokLaw.

      And it appears to have been started up around the time SCO decided to "shelve" prosco.net due to legal advice.

      Hmmm...

    2. Re:Read the Novell document here. by Anonymous Coward · · Score: 0

      That should be Hmmm my tinfoil hat is too tight. The site is crital of GrokLaw becuse PJ has deleted users while leaving their posts behind and atributed to anonymous. Not exactly respecting peoples copyrights...

  40. Destruction of Evidence is very very risky by UnapprovedThought · · Score: 3, Insightful

    Naturally, if the evidence is destroyed, there is no evidence to show that there was evidence, unless someone speaks up.

    But, the trouble with this approach is that somebody always saves evidence, either through sloppiness or because something gets written in the margins of a technical manual, etc. Thus, not everything gets shredded, so that this gambit has its risks.

    Even as we speak, there may be an MS employee, or former MS employee holding the key to all of this. This is pure speculation of course, but maybe the reason Novell is on this trail is because it knows such a person. Even if that person has signed all the NDA forms in the world, such a person might still be willing to come forward in exchange for some immunity.

  41. novell will lose by b17bmbr · · Score: 1

    what made office the de facto program wasn't anything done by microsoft, but rather what they didn't do. they didn't really pursue pirating of office. they were strict with business workstations, but everyone i know got their copy of office from work. why you think they made officeXP need activation, for the home user, but not the coprorate version. as homer would say, DOH!! at my school disrtrict, there are damn near as many copies of office97 and office2000 burnt cd's as teachers. and it's not even that everyone "knew word", it's the damn file format. and all that crap about business training/retraining is simple. "here's a cd", the rest is history. yeah, there are lots of other reasons, but you can't compete with free, especially when people think they're getting a "steal".

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    1. Re:novell will lose by Anonymous Coward · · Score: 0

      Actually if you bothered to read those old office licenses, you'd see that if you had your own workstation at work you could use a second copy on your personal machine at home. This was until the last few years when MS realized they could no longer count on expantion of the market.

  42. Re:Yawn by cranos · · Score: 1

    At least this evil is a much better root than money, and it gets rid of that embarrasment afterwards when you go to pay someone with the evil you just rooted...

    I'm going to go and have a lie down now

  43. Re:This isn't a question for the unwashed /. masse by Duhavid · · Score: 1

    Dos isnt done until Lotus doesnt run?
    DR Dos "activities"?

    1) I dont know, but I would not rule out MS playing with the Win32 SDK. It was new, and those outside MS would know the true direction and have access earlier. Those outside would be at a disadvantage. I believe that they did. Proof? Well, nothing except past MS behaviour.

    2) See number 1. Also, it was not clear at that time that Windows was going anywhere. The only company that was going to bet the farm on Windows was the author of Windows.

    AFA letting go? I would presume that Novell would not be following this up if they did not expect to have a chance to win.

    --
    emt 377 emt 4
  44. Re:This isn't a question for the unwashed /. masse by IntlHarvester · · Score: 2, Interesting

    1) Probably.

    2) How were Micrographix, Aldus, Ami, and others able to release high quality first gen Windows programs while the larger shops at Lotus and WordPerfect were unable to? (Honest question, perhaps MS was nicer to the small guys.)

    Related question is why Lotus & WordPerfect were also unable to produce a decent Macintosh or OS/2 PM apps.

    3) The legend is that Macintosh version of WordPerfect is STILL in assembler. Coding in Assembler was not all that odd in the DOS and Apple II worlds.

    --
    Business. Numbers. Money. People. Computer World.
  45. Re:This isn't a question...Yes, I Remember It Well by darkPHi3er · · Score: 5, Informative

    "Its a question for those of us who were around at the time."

    Ok, i'll bite.

    Not only did i wait on deploying MS Word, i was a "decider" for several large entities that were waiting for the consultant community to pick a winner.

    WordPerfect for Windows 6 (WPW6) was a train wreck, but as i remember (reasonably well, i believe), it was primarily a question of DESIGN (i.e. usuability), NOT reliability that pushed me and my customers to MS Word.

    The outstanding clarity of design focus that was evident in WordPerfect 5/5.5 was (OBVIOUSLY, IMHO), completely lacking in WPW6.

    The WPW6 menus, past the obligatory XWin/Win components were illogical, occasionally misleading and often confusing. As were many of the dialogs.

    I would hold that most of this confusion came from the complete departure from the long established Wang meta tag block text markup interface that SSI WordPerfect, UMMM, "adopted" for their own, with two pane screen windows, one for text and one for the markup meta tags.

    Though this was available in WPW6, it was awkwardly implemented, and in design terms the "context binding" to the Win32 design approach was very poor.

    Interestingly, MS Word for Windows 1.0 ALSO had a pretty horrible implementation of the Win32 GUI, however it was somewhat cleaner, and somewhat faster.

    Leading to another observation;

    WordPerfect for Windows 6 WAS SLOOOOOW, real, real slow. large document saves were "go get a cup of coffee slow".

    WinWord 1 was also somewhat porky (i personally stayed with MS WORD DOS for a LONG TIME, much faster, much more stable, from a BSofD perspective - i also had written nearly 300 macros that really couldn't be translated easily/well to WinWord).

    so, if WPW6 was all/mostly written in assembler, -- WPW6 was SO SLOW, i'd guess that it was either badly written, or rather badly optimized -- making me wonder if all/parts were written to the Win32S API (what a train wreck THAT was), and also wondering what assembler WP used????

    -- in those days the first round of Win32, the first version or two of MASM wasn't all that much more powerful than "Debug", i still occasionally use MASM 5/6 to knock out quick small drivers and some CODEC work, and as i recall from the time (VERY FOGGILY), IFF TASM was around (and many of MS' competitors wouldn't TOUCH MASM), early TASM never really performed for me (or my friends) on LARGE scale projects (it was VERY nicely fixed after the first/second version).

    I also seem to recall that it has already been legally established that MS has in/around this time period did indeed have "non-published" API features, particuarly used by the Excel teams in their "life and death" battle with the then spreadsheet market monopoly holder, "Lotus 1-2-3", and Andrew Schulman has written numerous books and articles on this aspect of early Win development.

    Lotus, i believe, having bet BIG on OS2/G (BTW, 1-2-3G ROCKED -- way ahead (2 years) of its time), came late to the Win32 party, and had to rush 1-2-3 Win out the door, using lots of source from OS2/G (not quite a port, but close) and the Oz2 -Win32 APIs were VERY different (Oz2 was in many ways much "cleaner" than the earliest W32 APIs).

    Ashcan Fate (down the street from my company) was imploding at the time, between the "religious" problems that were besetting the company's highest management, and the Big Bet (Failed) on Framework and that DTP program they were tussling with Ken Ski over, I would say Ashton-Tate died of self-inflicted wounds.

    While i certainly don't know the internals of WPW6, most of the senior corporate developer types i spoke to were not ready to put any large amount of developer resources into Win32 until it was market tested, most people at that time thought Oz2 would wipe Win32 out of the market, and many ISVs put their money down accordingly....

    And i completely agree, this suit serves NO ONE but, the attorneys, and Novell should leave it alone.

    What next? Should AT&T sue MITS and IMSAI for ripping off the OS approach and command verbs of UNIX????

    --
    Ten quid, she's so easy to blind. And not a word is spoken...
  46. Slightly Off Topic... by Scaz7 · · Score: 1

    I went to a novell conference thing in the city today and I have to say I'm greatly impressed with there current suite of software and the like, I think the're on the right track not only development wise but also this ms stuff and the way there business is run..

    Go the big red N

  47. I am a master CNE by JeanBaptiste · · Score: 0, Offtopic

    passed some 17 novell tests and am qualified to train, and to the question: "Should We Follow Novell v. MS in Detail", I say.... No.

    Spent probably 8 years of my life doing novell, and sorry, but its dead.

  48. Re:This isn't a question for the unwashed /. masse by NullProg · · Score: 1

    Your cheating...

    Aldus, Ami, didn't show up to the Microsoft party until after/during Windows 3.11.


    Related question is why Lotus & WordPerfect were also unable to produce a decent Macintosh or OS/2 PM apps.
    Good question. I don't know the answer though. The Mac interface to Word Perfect was always OK. But the PM/OS2 interface stunk.

    Maybe they didn't buy the first SDK?

    --
    It's just the normal noises in here.
  49. Re: Aneurysm9 just had #10 by Stuart+Poss · · Score: 2, Insightful

    Don't mean to be rude, but why does little stuff like corporate patent law even matter when we now live in a society where the House Majority Leader can remain in his position even when indicted?

    You are joking aren't you, or is this just another attempt to look away from the larger issue that such disputes are now just arbitrated in favor of the highest bidder or are just to be debated into sterility on TV or the internet in a way that diffuses any focused collective effort at intellect? Let's not think, as otherwise we might find out its too late! Great motto, I'll be home with the pretzels eagerly awaiting the rapture.

    Can anyone name a successful dialog turning back the Darwinian tide?

    Don't you just love how this is all turning out.

    Do hope you recover soon.

    Remember to pray for those who don't pray for DeLay. After all they are just aiding and abetting aren't they, and to aid and abet a crime is a sin, no? May god have mercy on their souls.

  50. m$ by torrents · · Score: 0, Flamebait

    m$ has been in a downward spiral for some time... patent grabs and ip is their greatest hope for securing their revenu stream for the long term... open source is taking a bite out of their model and the move towards non proprietary formats and open source software at some companies cannot be hidden from the view of others... their best bet is to hope and work towards a day when you need to pay a licence fee to use an open source browser that uses a protocol m$ says they invented...

    --
    Get your torrents...
    1. Re:m$ by Anonymous Coward · · Score: 2, Informative

      Downward spiral? Last quarter Microsoft made a profit of 2.9 billion dollars. 2.9 BILLION DOLLARS. Microsoft made more than Novell's entire market cap in three lousy months. Revenue is continuing to grow, Microsoft is pushing into new markets (missed that story about Pocket PC becoming the dominant handheld OS did ya?) and idiots like you still assert that Microsoft is in a downward spiral. Jeez.

      Repeat after me - saying it doesn't make it true! Propaganda doesn't help anyone if it's demonstrably false by any idiot with a browser.

  51. Re:This isn't a question...Yes, I Remember It Well by NullProg · · Score: 1

    On slashdot, it refreshing to hear from someone who knows who Phillipe Khan is.

    I don't disagree with anything you wrote. The OS/2 angle is a prime subject for another thread.

    I'll bet you $100 spacebucks that Microsoft misses the old days where they only had to fight OS2/Apple/DrDOS/etc.

    This Linux movement has thrown them into a frenzy.

    Enjoy,

    --
    It's just the normal noises in here.
  52. MS also kneecapped and took Corel private by Anonymous+Bullard · · Score: 5, Informative
    Corel used to love Linux and their WordPerfect Office and sheer consumer-level name recognition was potentially huge threat to Microsoft until Redmond bought their way into Corel three years ago and within months a Microsoft-friendly consultancy, McKinsey & Partners, helped Corel commit a strategic U-turn to support the non-existing .NET 100%.

    Fast forward to late 2002 when Corel "mistakenly" launched a somewhat successful EOM drive to get WPO preloaded and in December that year MS co-founder Paul Allen's venture capital firm Vector, operated by former MS (and McKinsey) executives, snapped up the MS-owned 20% of Corel shares at absolute giveaway prices and immediately began bullying Corel's management to sell the whole shop...

    Corel's CEO Derek Burney was a spineless lackey and their chairman Jim Baillie was a lawyer who's law firm in fact represented the Microsoft's friends Vector in the takeover bid (!!) and by blatantly manipulating the shareholder informing and voting procedure they narrowly won the "vote" and pulled Corel out of the public view and scrutiny during the 2003 summer holidays.

    Groklaw folks with their investigative abilities could well have a field day reopening the Microsoft-orchestrated Corel undertaking manoeuvre, especially as Novell is suing Microsoft over their anticompetitive manipulation of the cash-cow segment Office suites market. As most people here know, it was Corel who bought WordPerfect Office from Novell in 1996, inheriting the MS-enemy #1 status along with it.

    FWIW, the above-mentioned Jim Baillie was instrumental in Corel's decision not to sue MS after the US government won the closely-related Netscape antitrust trial, as the owners of the then #1 competitor to MS-Office, over unfair antitrust manipulation.

    Godspeed Novell. I only hope Corel's kneecapping will help you prove you case and take MS to the cleaners.

    --

    Should invading one's peaceful neighbours be opposed, or rewarded with trade deals?

    1. Re:MS also kneecapped and took Corel private by Anonymous Coward · · Score: 0

      Kneecapping? Corel had no brains, and the trophy wife had all the balls.

  53. Re:Yawn by Anonymous Coward · · Score: 0

    Not really.

  54. Re: Aneurysm9 just had #10 by techno-vampire · · Score: 1
    Don't mean to be rude, but why does little stuff like corporate patent law even matter when we now live in a society where the House Majority Leader can remain in his position even when indicted?

    You do know the difference between an indictment and a conviction, don't you? Just because he's been indicted doesn't mean he's guilty, just that he's going to have to stand trial. Now, if he retained his position after a conviction, then you'd have a complaint.

    --
    Good, inexpensive web hosting
  55. Lets talk about Word by jamesl · · Score: 2, Interesting

    Chris Pratley, a Microsoft insider, recently wrote about the competitive environment, product development and MS Word vs WordPerfect ca. 1995. Take a few minutes to read his http://blogs.msdn.com/chris_pratley/archive/2004/0 4/27/120944.aspx/ blog entry for background.

  56. Money for nothing. by Anonymous Coward · · Score: 0

    If you pump money to a moron who does nothing,
    what else can you expect from him ???

  57. Slashdot by Halcyon-X · · Score: 1

    It's a love-hate relationship.

    --

    .sig: Open Source, Open Mind

  58. yes by Anonymous Coward · · Score: 0

    Yes we should.

  59. Result prediction by gilesjuk · · Score: 1

    Novell takes $2BN and settles the case.

    Honestly, the only company that I believe has the resources to see through a case against Microsoft to the bitter end is Oracle.

  60. On the lines of the CR-DOS case... by ElvenMonkey · · Score: 1

    I've been wondering. Surely the Windows 64bit vaporware / farce has been going on longer than the whole situation with DOS in that case? Microsoft have been saying that 64bit Windows is just around the corner for a long time now, with barely more than a tech beta available. Surely it could be argued by the chip manufacturers (Intel and its Itanic? Compaq and its Alpha? AMD and the Opteron?), if not Linux distros, that people are not buying entry level 64bit chips because there isn't the suitable server software yet, or because Microsoft are 'just about' to release software? Its taken something significant like the AMD64 bit chips, with their very fast 32bit performance to even begin to open up the possible 64bit market, and even then the majority are only being used in 32bit mode.

    --
    "Joy is not in things; it is in us." Richard Wagner
  61. work at home rights by westlake · · Score: 1
    In the academic market:

    "Qualified Education Customers who have acquired licenses through Microsoft's Academic Volume Licensing programs may grant to their faculty and staff the right to use a second copy of a limited selection of products on either a home or portable computer for work-related purposes."

    "Work at Home Rights for Campus Agreement and School Agreement customers are available for all application, system, and CAL products at no extra cost." Work at Home Rights (last updated Nov. 11, 2004)

    1. Re:work at home rights by b17bmbr · · Score: 1

      but the cd's got passed around like a drunken sorority girl to everyone. and the home copy doesn't apply to students. i don't know how many times i heard of teachers giving assignments using powerpoint (a whole 'nother pet peeve of mine!!!) then giving them the cd to install at home.

      --
      My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
  62. Yeah and while we are at it by Anonymous Coward · · Score: 0
    I don't want to see more then one war story in the news. All that killing and is there really a reason to mention starving people more then say once a month after 9pm? I don't want it upsetting my dinner.

    If you don't want to read it then filter it out. Go hide behind you momma's skirt and pretend the world doesn't exist.

    Some of us prefer our news raw not limited to avoid upsetting the weak and feeble. Don't like it? Start reading MS websites. Sure you won't find anything about it there.

  63. Correct me if I'm wrong (and I'm not) by buss_error · · Score: 2, Interesting
    ...may be valuable for proving anti-competitive intent on Microsoft's behalf should MS (or a proxy) go on a patent rampage against FOSS.

    Microsoft is already going on that rampage. Evidence ripped from this month's headlines: See SPF & (without patents) SCOX.

    Microsoft has repeatly stated that they intend to rampage with patents. The only question is should SlashDot document it.
    Answer: No.

    PJ of Groklaw is a hobby site without any ads. Slashdot isn't. The liability of a suit against /. is much greater than the same suit against PJ. PJ isn't doing it for the money. MS could argue /. is, and would be putting every post under the microscope to crush, coverup, and destroy evey bit of evidence posted to public view. Count on it. If they tried that with GrokLaw, MS couldn't show any monitary advantage to GrokLaw for doing so, and PJ should know enough to avoid posting in a way that would likely result in a suit.

    /. is about technology. GrokLaw is about technology law suits. Let each do what they do best.

    But I don't see any reason why the tender tidbits posted at GrokLaw couldn't be discussed on SlashDot.

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  64. Re: Aneurysm9 just had #10 by jedidiah · · Score: 2

    The republicans made this particular rule to make themselves look more moral at a previous point in time. Now that it turns out that it can be used against one of their own, they are overturning that rule.

    This situation really has little to do with the particular categorical imperatives involved. Someone is being treated as if rules don't need to apply to them.

    Given what his minions are involved in, he should have stepped down already in order to avoid an appearance of impropriety.

    However, we all know that Republican talk of morals is just empty rhetoric only meant to decieve farmers in Montana.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  65. Re:Good guys? by Robocoastie · · Score: 1

    straw man.

  66. Fiefdom Practices by shpoffo · · Score: 1

    Destroying all the evidence is equivalent to killing all your opponents children.... Enacted by [Sir] William of Gates.

    .
    -Shpoffo

  67. Re: Aneurysm9 just had #10 by Anonymous Coward · · Score: 0

    The Republican Response: "Fuck you, it works."

  68. Re:Yawn by silicon+not+in+the+v · · Score: 1

    Not money itself. Here's the actual reference:
    1 Timothy 6:10 "For the love of money is a root of all kinds of evil. Some people, eager for money, have wandered from the faith and pierced themselves with many griefs."

    --
    We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  69. CORRECTED LINK by Alsee · · Score: 1

    I'm not sure how you got modded up with a broken link, but here's the correct link:

    http://blogs.msdn.com/chris_pratley/archive/2004/0 4/27/120944.aspx

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  70. The sort of fudging of facts... by CleverDan · · Score: 1

    ...requires a bit more diligence in un-fudging them.

    You see, The Canopy Group is the parent company of The SCO Group.

  71. The US Justice Department? by Red+Rocket · · Score: 1


    It would be better to save the evidence and have the DoJ just destroy Microsoft.

    Do you mean the US Justice Department? This administration uses Microsoft as a role model, dude. If arrogant abuse of power is good for business it's good for politics, right?

    --
    - Hail to our fearless misleader! Fool speed ahead!
  72. Re:Spoliation by grolaw · · Score: 1

    Got me on the spelling.

    The legal definition is the definition I refered to.

  73. some do read the articles by loid_void · · Score: 1

    the guy who moded this funny actually read the article, can you imagine that.

    --
    Anyone seen my jagged little pill?
  74. Re:Yawn by jekewa · · Score: 1

    But, did you look at the article, or just the headline? My comment was just based on the length of the diatribe about the action being taken. I'm sure following this, which was the question, will get just as arduous as reading this first bit. Troll? Why mod as "troll" just because my opinion is "no"? Some people just can't take opposing views. I didn't express anything more than "I'm wiped out from reading what I could muster before I gave up, and therefore don't want to follow it..." Sheesh.

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    End the FUD
  75. Re:This isn't a question for the unwashed /. masse by IntlHarvester · · Score: 1

    A quick Google indicates that Aldus PageMaker 3.0 was out for Window 2.11 and OS/2 1.3. I used the 4.0 release, it was just as good as the Mac version. I also found a reference to "Samna Word" (later AmiPro) as the only Windows wordprocessor in 1989. (<1471@cfa.cfa.harvard.EDU>)

    > The Mac interface to Word Perfect was always OK

    The original releases were terrible GUI programs -- if I recall, they were nearly identical to the DOS version. http://en.wikipedia.org/wiki/WordPerfect

    --
    Business. Numbers. Money. People. Computer World.