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Burst.com and Microsoft Settle

prostoalex writes "Microsoft and Burst.com announced a tentative settlement, where Microsoft will pay Californian company $60 mln for allegedly stolen multimedia streaming software. Robert X. Cringely provided the recap of the court case back in 2003 (and Slashdot discussion ensued). According to Burst claims, Microsoft entered a non-disclosure agreement with the company to learn about Burst's multimedia streaming technology. Later the technology, for which Burst has 37 patents, has been found in Windows Media Player. When aksed to present the archives of the e-mails and all communications within the company for the trial, Microsoft somehow presented all the documents that preceded before the deal and the documents that followed it. The e-mails during the 35 weeks that negotiations were held mysteriously disappeared. In court Microsoft claimed the e-mails were erased from employee's desktops, e-mail servers and server backups. The technology was not interesting to Microsoft, lawyers insisted, so the electronic trail of communications was erased."

9 of 226 comments (clear)

  1. How does one... by maotx · · Score: 5, Insightful

    In court Microsoft claimed the e-mails were erased from employee's desktops, e-mail servers and server backups.

    I don't know how Microsoft's IT structure works but I know at where I work we have snapshots of all of our data done every week and held for a month. Then at the month limit we archive our data for another year. Not to mention the nightly incremental backups. Essentially we can go back to any time of a week for a month, then in month increments and recover that snapshot.

    I guess what I'm getting at is how exactly does a company lose "uninteresting" data spanning a period of 35 weeks unless it's intentional?

    It would be near impossible for someone to cover ones tracks without going through only God knows how many tapes and erasing said data.

    --
    I'm a virgo and on Slashdot. Coincidence? Yes.
    1. Re:How does one... by Jason+Earl · · Score: 4, Insightful

      It's quite simple. The loss of the data wasn't unintentional, rather it was deliberate. Microsoft simply went in front of a judge to see if he would buy the story, when he didn't and a jury trial was emminent, Microsoft wisely settled. Microsoft's, "the dog ate my homework," defense was a long shot, but Microsoft spends a lot of time in the court room, and it can't really afford to roll over every time someone sues.

    2. Re:How does one... by DNS-and-BIND · · Score: 4, Insightful
      Duh.

      MICROSOFT LIED

      Of course, they got caught, and settled out of court for an appropriate bribe (err...settlement)

      You'd be surprised how often this works. The cost of further litigation only enriches the lawyers, not the shareholders involved.

      PHB1: How much is this gonna cost us?
      Accountant1: $XX
      PHB2: Let's lie and say we lost the emails. How much will this cost us?
      Accountant1: The same as if we bribed them (settled)
      PHB2: OK, let's see if this 'dog ate my homework' defense actually works...sometimes it does!

      (time elapses)

      PHB1: It didn't work. Release the bankers!
      Accountant1: OK!
      PHB2: We sure have fulfilled our obligations regarding our shareholders!
      PHB1: Amen, brother.
      Accountant1: Whatever you say!

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  2. Trivial software patents are bad... by Rattencremesuppe · · Score: 5, Insightful
    ...unless Microsoft is sued?

    Double standards, anyone?

  3. Yet another case MS doesn't take the fault by Anonymous Coward · · Score: 5, Insightful

    Seriously, this is getting tedious.

    This case had all the indications that MS workers would finally be found guilty of perjury and sent to jail.

    And if they were found guilty of perjury, I would really like to see the crooks doing hard time. In fact, I wish some DA picks up the leads (even after the settlement) and investigate what would possibly be the most blatant case of lying to a Court Judge we have notice of.

    Then comes money and it's all forgotten. Now they can go on and do the same thing to the next victim they can find.

    Someone define Justice for me, please.

  4. Breaking the law for fun and profit by voisine · · Score: 4, Insightful

    Once again Microsoft learns that laws are now impediment. Everyone complains about their illegal business practices, but why shouldn't they do what's illegal? It's not like they hide it. They simply say, yes we broke the law and we accept the penalty because the penalty doesn't even come close to the amount of money we've made from the illegal practice. Time and again they learn that our legal system is totaly incapable of punishment or correction for mega corporation like them. I say bravo for providing such a vivid demonstration of how broken our legal system is. If it's brokeness is not plainly revealed, it'll never get fixed.

    1. Re:Breaking the law for fun and profit by nagora · · Score: 4, Insightful
      No, the legal system is not broken, the settlement shows that the law worked as it should.

      No it didn't. The law pretends that corperations are legal entities when it wants to protect execs from taking responsibility but when a company comes up in court over and over again it doesn't get three-strikes rules or any of that shit you or I would get. Just one more slapped hand. Again. That's not how the law should work.

      If Burst accepts the settlement they're authorizing MS to use the code

      No, they're accepting that they have to let MS do that or become a company that has no resources other than those needed to fight their case. They look like they would win after a decate or so in court, but maybe they don't want to do that; aybe they're rather get some work done.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  5. Really, this is nothing new by iced_773 · · Score: 4, Insightful

    Remember, way back in the Win3.x days, that whole thing about DoubleSpace and Stacker? These things have happened before, and they will probably happen again.

  6. Re:It's interesting... by Anonymous Coward · · Score: 5, Insightful

    well you're wrong. Burst was not just a patent company, they developed and produced a product, they did not just patent ideas.

    Perhaps you should be worrying about Microsofts actions and seeming lack of punishment instead.

    Microsoft disgusts me.