Slashdot Mirror


Microsoft Chided Over Exclusive Music Idea

grumpyman writes "The federal judge overseeing Microsoft Corp.'s business practices scolded the company Wednesday over a proposal to force manufacturers to tether iPod-like devices to Microsoft's own music player software. Microsoft blamed the proposal on a newly hired, "lower-level business person" who did not understand the company's obligations under the antitrust settlement."

331 comments

  1. Suuuure by gbulmash · · Score: 4, Funny
    Microsoft blamed the proposal on a newly hired, "lower-level business person" who did not understand the company's obligations under the antitrust settlement.

    Possible responses from the judge:

    • The Surgeon General has determined it is hazardous to your health to blow smoke up my ass.
    • Pull my other leg, it has bells on it.
    • And after I accept that, you've got a bridge you want to sell me?
    • Ha ha ha ha! Stop it, you're killin' me!
    • Ahhh, the blame it on the new guy defense. Not gonna fly. Next excuse?
    • (to lead counsel) Okay. If you say so. Are we still on for golf in Bermuda next week?

    - Greg

    1. Re:Suuuure by rumcho · · Score: 1

      That's pretty funny!

    2. Re:Suuuure by FosterKanig · · Score: 1

      Obviously their "music business" is very important to them since they have a lower level business person running it without any oversight.

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

      And Ballmer really didn't throw a chair.

    4. Re:Suuuure by Anonymous Coward · · Score: 0

      Microsoft blamed the proposal on a newly hired, "lower-level business person" who did not understand the company's obligations under the antitrust settlement.

      They should have used the Chewbacca Defense instead.

    5. Re:Suuuure by Anonymous Coward · · Score: 0

      You forgot that the new employee was also a Wookie....and just couldn't help it.

    6. Re:Suuuure by cgenman · · Score: 5, Insightful

      low level business person who did not understand the company's obligations under the antitrust settlement.

      Ballmer?

    7. Re:Suuuure by Master+of+Transhuman · · Score: 0


      Our employee eats Twinkies - what can we say?

      Better yet:
      Bill eats Twinkies - what can we say?

      Worked for Dan White...

      Oh, wait, that defense is banned now...

      Oh, wait, that defense is being un-banned so it can be used by Dick Cheney after tomorrow's indictments...

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    8. Re:Suuuure by waferhead · · Score: 4, Funny

      "Ballmer?"

      No, he said "Low Level"... Not "Neanderthal".

    9. Re:Suuuure by hugesmile · · Score: 1
      Microsoft blamed the proposal on a newly hired, "lower-level business person" who did not understand the company's obligations under the antitrust settlement.

      "Your Honor, appropriate disciplinary action has been taken, and the individual in question is no longer a low-level business with Microsoft!"

      Translation: He's been promoted. Twice.

    10. Re:Suuuure by AdamWeeden · · Score: 1

      We apologise for the fault in the parent post. Those responsible have been sacked. - Adam "The Wonder Llama" Weeden

      --
      I was quoted out of context in my autobiography...
    11. Re:Suuuure by Anonymous Coward · · Score: 0
      Ballmer?

      Steve Ballmer is the CEO of Microsoft so I'm sure that he would be aware of his company's obligations under the antitrust settlement.

    12. Re:Suuuure by Anonymous Coward · · Score: 0

      Dude, you have your name both in the header of your post as well as in your signature. Is three times really the charm?

    13. Re:Suuuure by TheSpoom · · Score: 1

      *whoosh*

      Nuff said.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    14. Re:Suuuure by dreadlocks · · Score: 1

      I bet that "person" was since promoted for having the "balls" to be "unaware" of the business obligations/restrictions that MS was operating under.

      To test the antitrust waters by throwing your boys on the table deserves a reward.

    15. Re:Suuuure by Anonymous Coward · · Score: 0
      *whoosh*

      Ballmer is the CEO of Microsoft, so I guess the "whoosh" is on you. And they say Lienux people are smart.

    16. Re:Suuuure by Anonymous Coward · · Score: 0

      Ah Tibor, how many times have you saved my butt?

    17. Re:Suuuure by sgtrock · · Score: 1

      Whooosh!

      That was the sound of the orginal joke flying past your head a second time. :)

    18. Re:Suuuure by Anonymous Coward · · Score: 0

      Now remember kids, if something went over the head of the person you're trying to defend, look up.

    19. Re:Suuuure by Anonymous Coward · · Score: 0

      I think this pitiful excuse does say a lot, though. Think about it, they are actually making pitiful excuses to convince the court that they didn't mean to do something. In the past they were always on the offensive and thumbing their nose at the court. This sort of thing would come with a flat denial and a long paper about how it is totally legal if they did do it, and another message about how they will do it if they want to because they have to stay competitive or they will be crushed by all the competition. They might have even doctored up some evidence and paid off a couple politicians.

      It's a sad, and happy, day when the mighty Microsoft has to point fingers at the intern.

    20. Re:Suuuure by Anonymous Coward · · Score: 0

      Yes he is CEO. There is this thing called "search." It mkaes the internet alot easier. You could use it to find things like this. And then maybe you wouldn't be so smug.

    21. Re:Suuuure by Hal_Porter · · Score: 1

      RTFA they said he was a 'chink in the compliance process'. Though they should probably say Asian American these days, racist bastards.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    22. Re:Suuuure by gewalker · · Score: 1
    23. Re:Suuuure by chrish · · Score: 1

      Actually, it was that damned Tibor, he's always screwing things up.

      --
      - chrish
    24. Re:Suuuure by Hal_Porter · · Score: 1
      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    25. Re:Suuuure by Anonymous Coward · · Score: 0

      I hope this guy is a troll...no one can be this stupid, can they?

    26. Re:Suuuure by Gilmoure · · Score: 1

      See, we have this new guy, named Chewbaca...

      --
      I drank what? -- Socrates
    27. Re:Suuuure by freshman_a · · Score: 1

      ok, so the joke has flown over your head so many times it's starting to earn frequent flyer miles.

    28. Re:Suuuure by Anonymous Coward · · Score: 0

      He thought it'd be funnier if he made clear that there's no way he's chief of HR at Microsoft.

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

      I think the joke's on you at this point.

    30. Re:Suuuure by Anonymous Coward · · Score: 1, Informative

      Buddy... you've already proven you're a flaming idiot with your previous posts. Please do us all a favor and refrain from posting anything ever again otherwise I'll be forced to sue you for wasting my bandwidth with your stupidity. No comment you make, no matter how clever you think it is, will erase the notion that you are a dumbass. Go away now, thanks.

    31. Re:Suuuure by Anonymous Coward · · Score: 0
      Buddy... you've already proven you're a flaming idiot

      That wasn't me, that was somebody else with a clue. He's right though, I was messin' with you. I'm done now.

    32. Re:Suuuure by Doc+Ruby · · Score: 1

      You're a racist bastard.

      --

      --
      make install -not war

  2. Of course by dtfinch · · Score: 5, Funny

    There's nothing Microsoft could have done. Those low level interns practically run the company.

    1. Re:Of course by MLopat · · Score: 5, Insightful

      Yeah well that's closer to the truth than you think. 10% of the company is comprised of co-ops. They typically put in longer hours, do more work, and are the real boys and girls in the trenches.

    2. Re:Of course by rtb61 · · Score: 5, Insightful

      Well perhaps they would get more senior people doing it if there were considerable fines and minor jail terms for continued attempts to thwart the princicples of the settlement as minimal as they are. This failure to apply genuine fiscal pressures upon microsoft, especially considering the cost to government of the continued overseeing of the monopolistic machinations of bog balls and wee willie, is very strange to say the least ;-).

      --
      Chaos - everything, everywhere, everywhen
    3. Re:Of course by Landshark17 · · Score: 0

      That explains a lot.

      --
      This sig is false.
    4. Re:Of course by Anonymous Coward · · Score: 0

      Smithers: Uh, sir, we found the problem. Some idiot threw this in the reactor core.
      Homer: [sees charred doughnut] Success!
      Burns: You did this? How could you be so irresponsible?
      Homer: Eh... it's my first day!
      Burns: Since I've never seen you before, maybe it is your first day.Very well, carry on!
      [Mr. Burns begins to walk off, when Smithers catches up with him.]
      Smithers: Sir, that's Homer Simpson. He's been working here for ten years!
      Burns: Ohh, really? Why did you think you could lie to me?
      Homer: It's my first day!
      Burns: Well, why didn't you say that be...[realizes] Yawoo! You're fired!

    5. Re:Of course by Flendon · · Score: 1

      This failure to apply genuine fiscal pressures upon microsoft, especially considering the cost to government of the continued overseeing of the monopolistic machinations of bog balls and wee willie, is very strange to say the least ;-).

      What are you talking about? Microsoft is paying enough to the government to cover those costs... Oh wait you meant the government itself and not the government officials.

      --
      chown -R us ./base
  3. I can hear it now... by xgadflyx · · Score: 3, Funny

    Somewhere deep in the heart of Redmond.... "Damn those new MBA graduate students! Don't know there head from their @#$hole. Looks like we need to re-evaluate our initial MS obscure wording 101 course"

    --
    Civilization, the death of dreams.
    1. Re:I can hear it now... by Master+of+Transhuman · · Score: 1


      See, we hired this guy using our (patented) hiring process which entails answering a bunch of clever puzzle questions and IQ tests and also tested how much system minutiae he could remember after being exposed to it for thirty seconds. Our typical "geek moron employment" process.

      But we didn't test his ability to reason or understand the law. That's not our policy. We don't want anyone working for us who has either scruples or common sense.

      We want coders and liars - that's it.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    2. Re:I can hear it now... by xgadflyx · · Score: 0

      I knew we should have put the "EULA" guys on this one to supervise. They can obfuscate anything!

      --
      Civilization, the death of dreams.
  4. "lower-level business person" by Baricom · · Score: 4, Funny

    Can't get any lower than scapegoat, right?

    1. Re:"lower-level business person" by rootcode · · Score: 0

      How about a low-level Microsoft employee?

      --
    2. Re:"lower-level business person" by jellomizer · · Score: 2, Funny

      Official Job Title: Jr. Manager of Marketing
      Actaull Job title: Scapegoat.

      Your jobs is to be blames for all "mistakes" that we make and get caught for. Depending on the size of the mistake you could get fired, but we will leave a good reference for you. Just as long as you don't work for and competition.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  5. "business person"? by Anonymous Coward · · Score: 0, Funny

    Read: business woman.

    1. Re:"business person"? by jspoon · · Score: 1
      Read: business woman.

      No. More like: Read someone other than Ballmer.

  6. "Microsoft regrets by ceoyoyo · · Score: 5, Insightful

    the proposal ever was sent to music-player manufacturers..." Wow, they let the new coffee getter conference call with Sony by himself? Huh.

    1. Re:"Microsoft regrets by Anonymous Coward · · Score: 4, Insightful

      Obviously there long enough to understand how Micorsoft works though, just not that those inner workings should never be made so ...public. Hilarious that MS's retraction related to adherence to "the company's obligations under the antitrust settlement" and not to the fact it's a loathsome business practice. One more window into the Redmond giant.

    2. Re:"Microsoft regrets by steelfood · · Score: 1

      Which makes you wonder what Microsoft will be doing once those clauses of their settlement expires in 2008. Perhaps what they're really regreting is the manager letting the cat out of the bag before they could legally do it.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    3. Re:"Microsoft regrets by ceoyoyo · · Score: 1

      It's not THAT far away... Vista might finally be out... I wonder if it has any interesting "capabilities" that might be revealed, Hot Coffee style... some killer app that just happens to require some as-yet untapped potential in the OS.

    4. Re:"Microsoft regrets by mattjb0010 · · Score: 4, Funny

      the proposal ever was sent to music-player

      Come on, get with the times. They're not music players or mp3 players any more, they're iPod-like devices.

    5. Re:"Microsoft regrets by steelfood · · Score: 4, Insightful

      That's one of the things that's so frightening, and so ineffectual about the settlement. It's possible Vista's launch is planned to coincide with the ending of their settlement terms. It'll probably be something like one app in Office 12 (like Word or Powerpoint) with it, or even a dumbed down version of said product (like the way Outlook Express is). After all, when people buy Office, they buy it for Word, Excel, Powerpoint, and Outlook as a package. Including Word with Vista won't hurt sales of office, but it might help to kill the whole open formats thing.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    6. Re:"Microsoft regrets by einhverfr · · Score: 5, Insightful

      IANAL, but these are my thoughts.

      Which makes you wonder what Microsoft will be doing once those clauses of their settlement expires in 2008. Perhaps what they're really regreting is the manager letting the cat out of the bag before they could legally do it.

      Doesn't matter. Antitrust law doesn't expire in 2007, only close government supervision does. If anyone thinks that this expiration means the end of Microsoft's antitrust woes, they need to think again. The reason is something called collateral estoppel. Basically all those facts decided as a necessary part of that portion of the case not overturned on appeal is beyond relitigation. I.e. in any future antitrust suit, Microsoft cannot say "We were never a predatory monopoly." The best they can say is "We are not a monopoly any more" or maybe "what we are accused of doing is not predatory." I.e. the litigation changes from establishing facts to establishing *changes* of facts since they were established.

      What this means is that the whole point of the antitrust case against microsoft was the judgement that Microsoft both was a monopoly and had broken antitrust law in maintaining it. The exact details of the judgement are largely irrelevant. Indeed had Microsoft been broken up, it would have been *easy* to argue that facts had changed "Yes, Microsoft was a monopoly, your honor, but we were broken up and so the facts from the prior case no longer apply." THe fact that they are largely allowed to continue doing business as usual is *not* a good thing or a light punishment for Microsoft. Indeed it is largely a declaration that it is open season on Microsoft from an antitrust litigation point of view (in that the bar has been lowered to a rediculously low level for such claims, including continuing violations).

      Already there are over 100 antitrust suits against them winding their way though a multidistrict panel including Novell v. Microsoft, Go v. Microsoft and countless more. The antitrust settlement might be a minor cut to Microsoft, but it is a cut that occurs in waters populated by a large number of man-eating sharks. Sucks to be Microsoft. Which is one reason I no longer work there.

      --

      LedgerSMB: Open source Accounting/ERP
    7. Re:"Microsoft regrets by steelfood · · Score: 4, Interesting

      Antitrust law doesn't expire in 2007, only close government supervision does.

      You are right. Having a monopoly isn't something the government can regulate; being a monopoly is not against the law. Companies can't just sue another company for being successful. It is only when Microsoft engages in unfair business practices where they use the advantages of their monopoly status that it becomes an issue of antitrust. But whether to sue them under antitrust laws is up to the government, specifically the attorney general (antitrust is a civil matter, not a criminal one).

      That largely depends on the administration in office. Sure future antitrust violations will be dealt with more harshly. If they never get sued by the government, the only thing that'll happen is that they'll pay some large sum in fines to a bunch of small or already-dead companies and go about their merry way. And even if the DOJ does get involved, well Microsoft received a large fine the last time, setting the precedent to fine them even more (yes, it can be argued that fines aren't enough, but then again, that was argued for this case too and Microsoft was still largely fined). Anyhow, this administration is likely not going to act and we know little to nothing about the next one. Yet the settlement conveniently expires before then. By the time the next administration comes around to suing them again for unfair business practices, they'd have bought up all the so-called victims and the prosecution wouldn't have much of a leg to stand on except for Microsoft's history. And all Microsoft would need to ask then in defense is where the prosecution's witnesses are.

      Once they're out from under the microscope, it doesn't give them free reign to do as they please, but it does loosen their chains considerably.

      Already there are over 100 antitrust suits against them winding their way though a multidistrict panel

      And there have been countless antitrust suits and unfair business practices suits before that. What really is litigation to Microsoft? Just part of the cost of doing business. Microsoft has been engaged in this business model for a very long time. Everyone sues Microsoft. Microsoft either settles with them for some amount of money, or loses, and is fined some amount of money. To Microsoft, these fines and suits are looked at like their utility bills.

      Which is one reason I no longer work there.

      I would work for Google too if given the choice. They get free food. :p

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    8. Re:"Microsoft regrets by Sandman1971 · · Score: 0

      Do you mean something like Winword which has been included in Windows since Windows95 or 98?

      --
      It's better to burn out than to fade away
    9. Re:"Microsoft regrets by Anonymous Coward · · Score: 0

      Which is one reason I no longer work there.

      So you were fired?

    10. Re:"Microsoft regrets by Anonymous Coward · · Score: 0

      being a monopoly is not against the law.

      whether to sue them under antitrust laws is up to the government, specifically the attorney general.


      Dude, that's a great post but you're wrong.

      1. Monopolies are against the law as specified in the Sherman and Clayton anti trust acts.

      2. Anti trust suits are not "up to the government". Any company can bring suit against another company under the above acts if the amount of damages execeeds $50,0000.

      Google it baby. There's a ton of anti trust literature out there.

      Peace.

    11. Re:"Microsoft regrets by Anonymous Coward · · Score: 0

      Says there right on the page you linked to: bundled with the Microsoft Office Suite, i.e. part of Office.

    12. Re:"Microsoft regrets by Hal_Porter · · Score: 1

      I did e.g.

      http://www.infoplease.com/ce6/history/A0844878.htm l

      "The act, based on the constitutional power of Congress to regulate interstate commerce, declared illegal every contract, combination (in the form of trust or otherwise), or conspiracy in restraint of interstate and foreign trade"

      So if I sell my software and get a 95% market share, that is not in itself illegal, but tying agreements are if you are declared a monopoly. The interesting thing is, they are not illegal as far as I can see until then. So I can offer my customers the most restrictive contracts possible and get a massive market share, but then once I'm declared an abusive monopoly, they become illegal. Which is the situation Microsoft is in.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    13. Re:"Microsoft regrets by Anonymous Coward · · Score: 0

      I can offer my customers the most restrictive contracts possible and get a massive market share, but then the I'm declared an abusive monopoly, they become illegal.

      I see your point. But that's like saying it's not illegal until I get caught which is not true because it's illegal to even attempt to monopolize.

      Read the text.

      Peace.

    14. Re:"Microsoft regrets by Anonymous Coward · · Score: 0

      I think you mean wordpad

    15. Re:"Microsoft regrets by einhverfr · · Score: 1

      Companies can't just sue another company for being successful. It is only when Microsoft engages in unfair business practices where they use the advantages of their monopoly status that it becomes an issue of antitrust. But whether to sue them under antitrust laws is up to the government, specifically the attorney general (antitrust is a civil matter, not a criminal one).

      That largely depends on the administration in office. Sure future antitrust violations will be dealt with more harshly.

      Well, there are two very important things to remember about USDoJ v. Microsoft (again IANAL):

      1) The appeals court found that the USDoJ had not adequately established merits for portions of the case. The most notable point here was that nobody had established that there was such a thing as the web browser market. THerefore the finding that Microsoft had illegally extended their monopoly into the web browser market was overturned.

      2) The appeals court found that it was unreasonable to break up Microsoft for the instances where Microsoft had been found to violate the law.

      So as much as I don't like George III, this one isn't his fault.

      nd there have been countless antitrust suits and unfair business practices suits before that. What really is litigation to Microsoft? Just part of the cost of doing business. Microsoft has been engaged in this business model for a very long time. Everyone sues Microsoft. Microsoft either settles with them for some amount of money, or loses, and is fined some amount of money. To Microsoft, these fines and suits are looked at like their utility bills.

      I suppose you have never heard of injunctive relief?

      Now, since everyone seems to look back on the AT&T divestiture, lets look back a little further in AT&T's history to see what it took for AT&T to be broken up.

      AT&T was largely originally bankrolled by J.P. Morgan, and the close friendship of Theodore Vail and J.P. Morgan was largely responsible for the antitrust conspiracies that followed. Basically to cut a long story short, Vail and Morgan had reached an agreement to create a telephone services monopoly out of the Bell Network. Morgan used his financial interest to put Vail on the board of directors, and later when AT&T purchased 30% share in Western Union, Vail became president of that company. Note that in 1900, Bell Company only had a bit over 50% market share.

      The conspiracy was that Morgan would cut financial credit to non-Bell companies and Vail (then a GM at the Bell Company) would buy them at a cut rate. This was done specifically to make the Bell Company and AT&T the sole provider of telephone services. In 1910, the Interstate Commerce Commission (predicessor to the FCC and FTC) began investigating AT&T for antitrust violations, though in 1921, Congress passed the Graham-Willis act exempting telephony from the Sherman Antitrust Act.

      This being said, AT&T tried to extend its monopoly into other areas such as radio and motion pictures. Investigations continued in various forms until 1949 when charges were filed (this had been delayed by among other things, WWII). The antitrust trial was also interrupted by the Korean war. In 1956, the case was settled by consent decree (AT&T had already sold Sandia Corp to the Martin Marietta Corporation, now part of Lockheed Martin), its radio company to RCA, and Western Union. As part of the consent decree, AT&T agreed not to seek markets outside telephony.

      AT&T basically began a long war with the government over exactly where the line was drawn, and the government interpreted the telephony market very narrowly. The US Government also began an active policy of fostering competition, first by allowing customer-owned equipment on Bell lines, then by forming the Comsat Corporation and later pressuring AT&T to sell all stock they had in it, and finally by allowing Microwave Communications Incorporated (MCI) to establish microwave telephone links between cities.

      --

      LedgerSMB: Open source Accounting/ERP
    16. Re:"Microsoft regrets by Sandman1971 · · Score: 1

      Wordpad, yeah that's it. A watered down version or word that's free with every OS since Win95/98.

      --
      It's better to burn out than to fade away
  7. Oh no! by Anonymous Coward · · Score: 0

    The judge said Microsoft's music-player proposal -- even though it was abandoned 10 days later -- "maybe indicates a chink in the compliance process."

    Fayo Sung, director of antitrust compliance at Microsoft, was not available for comment.

  8. lower-level business person by Anonymous Coward · · Score: 0

    Must be Billy or Ballmer. You can't get any lower than a snake in the grass

  9. Oh, okay. by dirtsurfer · · Score: 1

    It turns out the proposal was made by Bill the Janitor.

    Nothing to see, move along, false alarm.

    1. Re:Oh, okay. by Cave_Monster · · Score: 1

      Bill was attempting to rid himself of this position and get a promotion as an exec. If this proposal had gotten through undetected, he would have been made a hero at Microsoft.

    2. Re:Oh, okay. by Anonymous Coward · · Score: 0

      And he would have gotten away with it if it wasn't for those meddling kids!

    3. Re:Oh, okay. by Anonymous Coward · · Score: 0

      Raggy?

    4. Re:Oh, okay. by kbw · · Score: 1

      The new graduate who how made the decision is now known as Bill the Janitor.

  10. Why the Music Idea by Anonymous Coward · · Score: 0

    Why not:

    Anti-Virus
    Anti-Spyware
    Firewall

    The typical statements are:
    1) Anti-spware; there is just no clear leader in the market
    2) Firewall; its not full fledge product
    3) A/V not sure what the rational is here. There are market leaders and its going to be a full fledge product.

    1. Re:Why the Music Idea by einhverfr · · Score: 3, Interesting

      IANAL, etc.

      Why not:

      Anti-Virus
      Anti-Spyware
      Firewall

      The typical statements are:
      1) Anti-spware; there is just no clear leader in the market
      2) Firewall; its not full fledge product
      3) A/V not sure what the rational is here. There are market leaders and its going to be a full fledge product.


      The fundamental problem is that Microsoft really has lost the ability to compete on merits of software. I think that many of their current policies may expose them to far more dangerous antitrust litigation in the future including all those you just mentioned. IANAL though.

      I think that the changes in SP2 regarding better protection against ActiveX controls could have bit into the antispyware market, but that is quite defensible in terms of improving one's product. That seems to me to be clearly on the right side of the line. However, bundling antispyware solutions with Windows (via WIndows Update) seems to be questionable at best. Personal firewalls are another area where there is good question (though Microsoft's personal firewall isn't that great of a product).

      In both of these cases, however, it could be argued (unsuccessfully, I think) that because most of this software is given away as a loss leader or integrated into antivirus software, that there is no such thing as a personal firewall or antispyware market. This might be sufficient to handle such complaints (remember that the appeals court found that the DoJ had not made a case that there was such a thing as a web browser market and hence overturned part of the judgement against Microsoft on these grounds). But I don't know. If there is a dispute about whether a market exists, I would expect that to be an issue of fact and a matter for a jury. If I were Microsoft, I would not want to allow for a jury trial in such a case.

      None of these arguments work in the antivirus area. And it is quite possible that this is an area that Microsoft is going to get sucked into quite to their detriment.

      --

      LedgerSMB: Open source Accounting/ERP
    2. Re:Why the Music Idea by Anonymous Coward · · Score: 1, Insightful

      You must have forgotten about MSAV. It existed and now it doesn't. I don't know why they dropped it but I suspect that there were two main reasons:

      1) They couldn't compete. An AV company must be able to release new signatures within hours. MS can't make a pot of coffee in less than a month.

      2) Liability. Right now MS can release any crap they want and argue that it was the customer's fault that their system picked up 6 worms and 2 backdoors in 20 minutes. By shipping MSAV, they acknowleged in a measurable way that their software was insecure and may have made themselves more liable for failing to produce a secure product.

  11. Blame Management! by TauntingElf · · Score: 3, Insightful

    How in the world can they blame the low level worker when it would have to be a management decision. Now are they saying their new management has been stuck under a rock for 5 years? How many people don't know about Microsoft and the monopoly case against them?

    1. Re:Blame Management! by Mr.+Sketch · · Score: 2, Insightful

      How many people don't know about Microsoft and the monopoly case against them?

      Exactly. Especially if this person is responsible for these kinds of deals, shouldn't an understanding of the anti-trust settlement restrictions be a requirement for this position?

    2. Re:Blame Management! by FidelCatsro · · Score: 1

      IT was a misquote , it was meant to read "lower-level Ballmer person"

      --
      The only things certain in war are Propaganda and Death. You can never be sure which is which though
    3. Re:Blame Management! by simms2bavaro · · Score: 1

      Since when is ignorance of law a valid legal defense? Or, conversely, what's stopping Microsoft from repeatedly using this "oops, honest mistake" excuse? At what point does the court reject this defense?

    4. Re:Blame Management! by Threni · · Score: 1

      >"lower-level business person" who did not understand the company's obligations
      >under the antitrust settlement."

      Yeah, must be the same guy who handles their software security QA department.

    5. Re:Blame Management! by Anonymous Coward · · Score: 0

      There's wiggle room in their statement. He could be a Microsoft business person who is low level in, for example, World of Warcraft.
      I think I saw a level 6 goblin named Balmy who was a member the DEVELOPERS!!!!!!!!!!!!!!!!!!!! guild a few days ago. Hmm.

    6. Re:Blame Management! by Anonymous Coward · · Score: 0

      Speaking of Ballmer, did anyone else see the clip of that Astro's manager (?) or whoever pulling a Ballmer during the 3rd World Series game? The toss he gave that chair was worthy of Ballmer himself :)

  12. The good old days at MS by MLopat · · Score: 5, Funny

    I miss the good old days at Microsoft. When we used to just do whatever the hell we wanted, and would write a cheque for the consequences later. :)

    1. Re:The good old days at MS by SpinJaunt · · Score: 1
      Money, money, money
      Must be funny
      In the rich man's world
      Money, money, money
      Always sunny
      In the rich man's world
      Aha-ahaaa
      All the things I could do
      If I had a little money
      It's a rich man's world
      --
      /. is good for you.
    2. Re:The good old days at MS by twitter · · Score: 1
      The good old days are now:

      a marketing campaign known as "easy start," would have affected portable music devices that compete with Apple Computer Inc.'s popular iPod. It would have precluded makers of those devices from distributing to consumers music software other than Microsoft's own Windows Media Player ...

      Just take that last sentence and add whatever you want:

      "precluded makers of whatever_you_want from distributing software other than Microsoft's own whatever_M$_wants."

      Some typical pairs:

      • computer devices, Windoze drivers
      • computers, Windows
      • computers, IE
      • computers, M$ Office
      • PDAs, Windows
      • Music Players, Works for Sure

      Nothing has changed, they are unrivaled hardware and software bullies. Microsoft still pressures everyone with anything to do with computing into "supporting" them and only them. From the stupid M$ approval sticker and it's FUD ability to Windoze updater with it's ability to push broken drivers to replace newer ones that work. They are pushing it into phones, music players and want to own every electronic device you have all to protect their crummy OS market share.

      The judge is asleep.

      --

      Friends don't help friends install M$ junk.

  13. When are Mp3 player companies going to get it? by QuantumG · · Score: 2, Interesting

    My girlfriend got an iRiver for her birthday. She's been happily ripping her 2000+ CD collection (all original, bought and paid for) and putting the songs on it. I asked her the other day if she had to install any special drivers or if the Mp3 player was just a normal USB storage device. Apparently it is "kinda" standard. You can drag an Mp3 off the iRiver onto a machine that has not had special iRiver drivers installed and you'll be able to play it.. but you can't drag any old Mp3 file off the computer and onto the iRiver and expect it to play. You can transport Mp3s like that but you need the iRiver drivers to update the index file. Sigh. Why can't the iRiver extract the song name and artist from the ID3 tags in the Mp3? Why can't it just use the freakin' filesystem instead of using its own index? At least it's better than an iPod.

    --
    How we know is more important than what we know.
    1. Re:When are Mp3 player companies going to get it? by jrockway · · Score: 3, Informative

      The iPod is exactly the same. It does rename its music files, though, ... but they'll still play fine.

      --
      My other car is first.
    2. Re:When are Mp3 player companies going to get it? by Dionysus · · Score: 3, Informative

      Because these devices are small with limited amount of memory? And when the memory is limited and the storage capacity is huge, then there is a question of where do you store all that id3 tags. File access would be dirt slow (when you push play, you don't want to wait 5 seconds for the system to find the file. Heck, if you browse your system, you don't want to wait for each update). Even something like amaroK index the files. Try loading all your the mp3s into xmms and see how long it takes.

      --
      Je ne parle pas francais.
    3. Re:When are Mp3 player companies going to get it? by forkazoo · · Score: 2, Interesting

      Even so, you can't stash something in the menu of the MP3 player that tells it to update its own index? Sure, it may take a moment, or even several minutes if you dump oodles of songs all at once, but it would be really convenient. I keep two copies of some stuff on my iPod so that I can listen to it either on the iPod, or copy it onto a computer I plug the iPod into. It's a waste of space, and it is annoying.

    4. Re:When are Mp3 player companies going to get it? by QuantumG · · Score: 1

      Uhh, no. You scan the directory for any file which is not in the index and you display the filename to the user. If the user selects that filename you read the ID3 tags and update the index.

      --
      How we know is more important than what we know.
    5. Re:When are Mp3 player companies going to get it? by Anonymous Coward · · Score: 0

      Actually my old Odyssey 100 player has a 'Reconcile' menu option that make it go through a re-indexing operation, and it does as you suggest take a couple of minutes for a full 20gig drive. so some players have it.

    6. Re:When are Mp3 player companies going to get it? by chill · · Score: 1

      Quit whining and try ASKING someone. You know, like iRiver's tech support? You can flash the unit with a ROM update that'll make it a USB Mass Storage (UMS) device. Go search their downloads for "UMS" and drag to your heart's content.

        -Charles

      --
      Learning HOW to think is more important than learning WHAT to think.
    7. Re:When are Mp3 player companies going to get it? by Xemoka · · Score: 1

      If your going to be using the iPod on a Mac/Win/Lin box, just put all the Yamipod varriation on it. That way you can just run that program. If your using windows or mac, you can even run yamipod from the ipod itself.

    8. Re:When are Mp3 player companies going to get it? by zsau · · Score: 1

      My iRiver works with no drivers (other than default USB stuff). I just plug it into to my GNU/Linux box, and drag the icon from one ROX-Filer window to the other to copy music on or off. Then, I go to the folder on the iRiver and play. It just worked the day I bought it, and it still just works today. In fact, this was one of my prereqs when buying it---iPods were completely out of the question for this (and other) reasons.

      I understand the American versions have some differences, but I woudn't know what they are. It may be that in America you need to have a separate database.

      --
      Look out!
    9. Re:When are Mp3 player companies going to get it? by QuantumG · · Score: 1

      Cool. That's the way it should be. I'm told a firmware upgrade will make a lot of players work this way.. sounds like iRiver and Creative are starting to get it. Where's that leave Apple? As far as I'm aware you still need special software with an iPod, and you can't drag playable items from the iPod to the desktop.

      --
      How we know is more important than what we know.
    10. Re:When are Mp3 player companies going to get it? by hotzeyboy · · Score: 1


      I have a flash based river T20 1 gig model, and it works exactly as you asked. All i have to do is drag a file across in nautilus and its on the player. MP3, OGG, WMA you name it. No DRM on the imp3 and Hogg files but it is compatible with windows media 10 bdrm apparently. I cant speak for their other models but the T20 really does act like a portable hard drive that automatically indexes the songs "instantly" when it starts.

      I do have a few complaints though, I haven't figured out how to order the songs by file name, it seems to order them by last modified tag. However it does display the ID3 tags correctly

    11. Re:When are Mp3 player companies going to get it? by zsau · · Score: 1

      I bought my iRiver last year; it looks like the model is superceded, or at least there's newer equivalents by iRiver out now. I based my decision to buy it on my sister's then-boyfriend's, which was a model earlier and he'd had it for a while. I think iRiver got it from the beginning—but then, they support Ogg Vorbis, so it's no real surprise.

      As for Apple, they'll never change, and it won't hurt them a bit. Apple's that good at marketing and making sure the masses want what they have. "Kick me harder!" I understand it means you can hide the filesystem from the user, or something. (I never really looked at the iPods---I knew they were out of the question so the exact details of why they were were irrelevant.)

      --
      Look out!
    12. Re:When are Mp3 player companies going to get it? by Anonymous Coward · · Score: 0

      I'm using standard Iriver firmware, and there is an option to use index mode (in which case it needs the Iriver drivers to update the index file) or normal mode, where it allows you to browse the filesystem and play songs through there.

      So you can just drag files onto the player and have them play - that's what I do all the time!

    13. Re:When are Mp3 player companies going to get it? by aixou · · Score: 1

      It does rename its music files, though

      I just noticed this today and it pissed me off. It didn't used to rename the files (they might have been truncated a bit, but you could still see what they were). Now they all have meaningless (to me) filenames when on the ipod. I went to take an mp3 off my ipod today to put on my Linux box, but was upset to find that I wasn't able to find the song I wanted because I couldn't differentiate one from another. Good ol' Limewire came to the rescue though.

      Frustrating.

    14. Re:When are Mp3 player companies going to get it? by iainl · · Score: 1

      The files on the iPod just exist in a hidden folder. If you're not the kind of weirdo (and/or Mac owner) whose file navigation program of choice doesn't show hidden files and folders you'll get them easily enough.

      As for putting files onto the iPod for playing, it's because the device won't recognise a music file until the internal database knows about it. There are some third-party tools for doing that too, but you're right that you can't just drag and drop. It's a hangover of the fact that Apple were fairly late in going to smaller flash-based devices, and so still regard scanning the whole filesystem as a nasty waste of disk activity when you can keep it all in a database that lets you slice the data by artist, title, album or playlist.

      If that's not what you want to do, then certainly I'd recommend staying with the competition. Personally, I've only once hit the situation where I've got an MP3 sitting on my iPod that the database doesn't yet know about, but I really wanted to listen to it right away.

      --
      "I Know You Are But What Am I?"
    15. Re:When are Mp3 player companies going to get it? by jrockway · · Score: 1

      If you're using a mac, just copy Sentui on to your iPod. Then when you go to another computer, you can just open Sentui and copy all the music (or a few tracks) on your iPod to the host computer's iTunes library. It's brilliant for moving your music to work or giving your friends a few tracks. (Oh that's illegal. umm... not for that then. riiiight.)

      --
      My other car is first.
    16. Re:When are Mp3 player companies going to get it? by C_nemo · · Score: 1

      I had the same problem. bunch of random files in random folders from my ipod. I used "Ex falso" to mass rename and move the files according to the id3 tag. Took about 10 seconds after figuring out how to use "ex falso" and setting the move pattern to Artist/album/XX -songname.mp3

      I highly recomend the program. Uses a GUI and has a pretty easy to use (and fast!) rename system.

    17. Re:When are Mp3 player companies going to get it? by Bobsledboy · · Score: 1

      Anyone know a good windows equivalent of this program?

    18. Re:When are Mp3 player companies going to get it? by Anonymous Coward · · Score: 0
      Actually if I had known it did that before I bought it (yea I know, blame me for poor research) then I wouldn't have bought my iPod Mini in the first place. I just thought it copied the files up into some Music folder on the thing and you could mount it on another Mac or PC and copy your MP3s off of it if you wanted to import them into another computer's iTunes library (like mine at work). I was suprised as hell to find that Apple really expects this to be a one-way trip for your music. Like you said, why not just organize the files using a directory heirarchy and read the ID3 tags instead of using some central index and then friggin scrambling the names of the files on top of it (that was the straw that broke the camel's back).

      Yes, I know there is special software I can buy that will let me copy my tunes back off the iPod onto another computer but I'm saying I shouldn't NEED anything else. When this thing dies I will definitely look at finding something better that doesn't munge the names and maybe even has bluetooth built in.

    19. Re:When are Mp3 player companies going to get it? by Matthew+Bafford · · Score: 1
      I keep both of these on my ipod (both good for different things):

      PodPlayer | SharePod

    20. Re:When are Mp3 player companies going to get it? by Anonymous Coward · · Score: 0

      I can verify that for at least the older IRiver models (IHP 120/140) that they are jsut a USB harddrive as far as the system is concerned. I don't think the newer ones are any different. While they do require a desktop based program to index and database the ID3 tags it is not necessary to transfer or play music files. Access to the directory structure on the disk is quite easy. Just dump files on and power it up. I have never actually used the database program as I have a nice folder structure that works for me.

      Mike Walker

    21. Re:When are Mp3 player companies going to get it? by TheSpoom · · Score: 2, Insightful

      Uh, my Lyra works just like a USB memory stick and requires no extra drivers. That this player requires drivers to "update its index" smacks of laziness on the part of the developers.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    22. Re:When are Mp3 player companies going to get it? by Bobsledboy · · Score: 1

      Cheers =)

    23. Re:When are Mp3 player companies going to get it? by shotfeel · · Score: 1

      //All Mac users read and do the Snoopy Dance!

    24. Re:When are Mp3 player companies going to get it? by dave1212 · · Score: 1

      That's miserable. Get Senuti and keep that on the iPod instead. It lets you pull whatever tracks you want over to any machine you connect it to. Reads and sends to playlists, etc. Works great. Completely free.
      If you're on Windows, I don't have much sympathy, but there's probably something like that on Versiontracker.

    25. Re:When are Mp3 player companies going to get it? by krbvroc1 · · Score: 1

      Well, I don't do it that way. Instead, I have my ripping software put all my CDs into a directory structure of Artist/Album/. All songs go under that. Then you can navigate/find stuff using the directory structure and not use the index file. That is how I use my iRiver H340. I never installed any special driver. Maybe you have a cheaper model or something? Drag/drop from ANY OS that supports USB without special drivers or DRM was a requirement for my purchase which I one reason I went with the iRiver.

    26. Re:When are Mp3 player companies going to get it? by graikor · · Score: 1

      It's not that hard - sure, Apple officially* discourages the possibility of getting music from an iPod onto a computer, but there's a gaping hole in that security: if you select the option to allow you to mount the iPod as a drive in Windows, and your Explorer is configured to display hidden folders, you have complete access to the music library. Yes, the folder configuration is pretty munged up, but the Find File function works perfectly, and you can drag-and-drop from the "Find File" window to another Explorer window. From there, you could easily drag-and-drop into iTunes, and voila!

      * Likewise, the FairPlay system has a big hole - there is nothing to stop anyone from burning purchased tracks onto an Audio CD and re-ripping them. The quality drop is negligible, and the newly ripped tracks have no copy protection whatsoever. Apple's software makes it mildly inconvenient to get around the copy protection, but not so difficult that any additional software is actually required to accomplish it.

    27. Re:When are Mp3 player companies going to get it? by Anonymous Coward · · Score: 0

      So if my MP3 player has 3,000 songs and I drag another 7,000 songs, the player is supposed to:
      scan all 10,000 files and do a comparison to see what's in the index and what isn't.
      present to the user 7,000 files for confirmation
      the user selects 7,000 files to update the database

      You'd rather hit 'yes' 6,999 times (allowing for one duplicate) and 'no' once, rather than have the computer do:
      Automatically update the index when it receives 7,000 songs (1 of which is a duplicate)
      Copy the index to the mp3 player when it synchronizes the songs
      Automatically copy the 6,999 songs to the player

      From the user perspective, all that happens is:
      Drag 7,000 songs into the jukebox
      Plug in mp3 player

    28. Re:When are Mp3 player companies going to get it? by blackraven14250 · · Score: 1

      From personal experience, the driver an iRiver H10 (the newest version of their product) uses happens to be an MTP driver, standard with all editions of XP. I don't see how this is a big deal, because anything before XP, and these products didn't exist to be worthwhile to support with a bundled driver.

    29. Re:When are Mp3 player companies going to get it? by obirt · · Score: 1

      Because it takes an incredibly long time to index 2000+ ID3 tags, add them to an array and sort it every time you hit play. With flash, hd and cpu speeds in the devices themselves taking off, this might not be such a big hit as it once was, but its still a lot of time. It'd be nice if they had the ability to rebuild the database on the device, say if it was corrupted or updated, but I don't want to sit and wait 30 seconds every time I hit play.

      --

      I use to be indecisive, but now I'm not so sure.
    30. Re:When are Mp3 player companies going to get it? by the_real_bto · · Score: 1

      I have an iAudio M3. It works exactly as you want. I plug it into my Linux box, copy files over and they play.

    31. Re:When are Mp3 player companies going to get it? by Anonymous Coward · · Score: 0

      Your girlfriend has spent $20,000 on CDs!!!! What a RIAA whore. Holy crap that is stupid. It boggles the mind.

  14. of course... by sapgau · · Score: 5, Funny

    It was one of those lower level, chair throwing, teeth grinding employees!!

    1. Re:of course... by putko · · Score: 1

      Ha ha. Yeah, I figured it had to be Ballmer myself. "Lower level business person" my ass.

      Perhaps Ballmer's been demoted to portable music Wunderkind.

      --
      http://www.thebricktestament.com/the_law/when_to_s tone_your_children/dt21_18a.html
    2. Re:of course... by klang · · Score: 1

      I read "low level" and thought that could be anybody in the company! :-)

  15. Are you fucking kidding me? by sootman · · Score: 2, Insightful

    I swear, you can't make this shit up. Show of hands: who here believes a single thing MS says anymore?

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    1. Re:Are you fucking kidding me? by Anonymous Coward · · Score: 0

      Glancing at the bottom of microsoft.com, I see the text "© 2005 Microsoft Corporation". I think I can believe that, more or less.

    2. Re:Are you fucking kidding me? by johansalk · · Score: 1, Funny

      It seems to work for Bush.

    3. Re:Are you fucking kidding me? by dascandy · · Score: 1

      > I swear, you can't make this shit up. Show of hands: who here believes a single thing MS says anymore?

      If you put that as "Show of hands: Who here believes nothing MS says anymore?" you'd be modded as +5 Troll for trying to get a load of replies and being very correct at that.

  16. Who do you think they're talking about? by Anonymous Coward · · Score: 0, Redundant
    "lower-level business person" who did not understand the company's obligations under the antitrust settlement.

    Steve Ballmer?

    1. Re:Who do you think they're talking about? by The+Ancients · · Score: 1
      Steve Ballmer?

      All Steve understands is how to jump around the stage leaping and whooping like a primate. However, apparently that's enough to run Microsoft.

    2. Re:Who do you think they're talking about? by Tuross · · Score: 1

      No.

      Steve Ballmer is not a stupid man. He fully understands that his ability to dance around a stage like a primate, and to toss company furniture around, and to make death threats against other individuals; and generally behave anti-socially and immaturely and in a manner that would get regular folks like you and I slapped in gaol rests solely on the fact he has made an arse-load of money via his company's illegally-obtained monopoly - and gotten away with it all to the point where the arguably strongest government in the world won't touch him or his criminal organisation.

      You'd be dancing around too with that kind of injustice^H^H^H^H^H^H^Hgood fortune.

      --
      Matt
      1. Read Slashdot
      2. ???
      3. Profit
  17. Re:Whisky Tango Foxtrot by netkid91 · · Score: 0, Redundant

    Microsoft = Proprietary Apple = Proprietary Indirectly, Microsoft = Apple, they share the same common goal even, MONEY $$$$.

    --
    NO~, I read Slashdot because I think it's stupid.....
  18. Turnabout is FairPlay? by CodeBuster · · Score: 0, Troll

    Isn't this precisely what Apple is doing with iPod + iTunes? If Apple can open an online music store and restrict competing hardware and software products then why can Microsoft not compete in exactly the same way? What about the tethering of music purchased on iTunes to the computer which purchased the music and the FairPlay system? It seems to me that Microsoft cannot be faulted for taking a few pages from Apple's playbook in this case.

    1. Re:Turnabout is FairPlay? by Janacek · · Score: 4, Insightful

      Completely different situation. Apple makes the iPod and has every right to limit it to run whatever software it chooses. If MS made the player nobody would have a right to say that it must run other companies' software. The problem here is MS was trying to force other manufacturers to limit their players to running only Windows Media Player software.

    2. Re:Turnabout is FairPlay? by RollingThunder · · Score: 1

      Microsoft can't do it because they're a convicted monopolist.

      Apple is not, so they can do it.

      This is pretty simple. You break the law, you get curtailed rights.

    3. Re:Turnabout is FairPlay? by sholden · · Score: 1

      Because Apple didn't get found guilty of illegally using anticompetitive means to keep an existing monopoly and obtain monopoly power in a second market.

    4. Re:Turnabout is FairPlay? by steelfood · · Score: 2, Insightful

      I think this has been discussed quite a bit in the past already. Apple can at most be accused of having a monopoly in the mp3-player world, and that's not quite true (there are a lot of competing players in the market, it's just that nobody buys them). They also haven't attempted to kill their competition through monopolistic practices. Their competition survives just fine by using alternative software, and it isn't iTunes or FairPlay that's the cause of the competition's failure to gain any marketshare.

      On the other hand, Microsoft has used and still wants to use their monopoly in the OS market to force out competition (OS2) and even in other markets (Netscape).

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    5. Re:Turnabout is FairPlay? by womby · · Score: 1

      Because Microsoft is a convicted monopolist and Apple is not.
      Apple in some territories the iPod holds a monopoly like position and Apple might abuse that position, but until they are dragged into court on anti-trust violations and have business practice restrictions placed upon them, like Microsoft, they are free to do as they please. Microsoft reached an agreement that restricted what they could and could not do in the market place with their products, this means other companies are free to create vertically integrated product lines that Microsoft cannot emulate.

      --
      **** lying is wrong even for sleeping dogs
    6. Re:Turnabout is FairPlay? by D.A.+Zollinger · · Score: 1

      Isn't this precisely what Apple is doing with iPod + iTunes?

      I guess you forgot about the HP branded iPod. Truth of the matter is, anyone can build an iPod and offer music encoded with Apple's DRM, as long as they play by Apple's rules. Unfortunately most companies find Apple's design specs too restrictive, and lisencing too expensive. But they make great equipment that is highly desirable, and offer an end-to-end solution with the iTunes store, iTunes, and the iPod. If you want part of their 75% market share, you are going to have to play by their rules, which means small margins, and high royalties.

      If I may speculate about what might have been...if Winamp had focused on selling songs, and got Rio to make mp3 players that linked up to their software, we would be living in a totally different world right now.

      --
      I haven't lost my mind!
      It is backed up on disk...somewhere...
    7. Re:Turnabout is FairPlay? by Jah-Wren+Ryel · · Score: 1

      why can Microsoft not compete in exactly the same way?

      I'm sure this has got to be redundant by now, but what the hell, at least I'll pile on...

      Did you happen to notice WHO it was that Microsoft was explaining their error to? You know, the judge who ruled over the trial in which MS was convicted for illegal abuse of monopoly power?

      When Apple gets convicted of illegal abuse of monopoly power, then you might have a point.

      Note that simply having a monopoly (as Apple does with the portable music player market where they hold more than 90% marketshare) does not equate to abuse of that monopoly power.

      --
      When information is power, privacy is freedom.
    8. Re:Turnabout is FairPlay? by caese · · Score: 3, Insightful

      No, because Apple isn't twisting the arm of hardware manufacturers to use their software. You buy an Ipod from Apple and it comes with Apple Software. It the same as if you bought a Sony MD, you're be expected to use Sony software (sonicstage was perhaps the worst piece of junk ever i might add). This is clearly not the same as Microsoft (a software company, OK they do make keyboards) saying to Creative or whomever is creating the devices that they have to use WMP.

      --
      I could see the truth if I was blind.
    9. Re:Turnabout is FairPlay? by Planesdragon · · Score: 0

      Close. Very close. But wrong.

      Microsoft is a legally recognized monopoly. Even if we somehow agree with MS and absolve them of all moral and ethical wrongs they may have committeed, they are now a monopoly and are constrained in how they can act in a way that Apple is not.

      There is competition for iTunes. There is competition for the iPod. It's entirely possible to use iTunes to buy music that doesn't go to an iPod at all, and it's entirely possible to use an iPod with someoen else's service.

      The day that you can't get legal music online save through Apple, or that you can't easily find a portable high-capacity music player that isn't an iPod, is the day that Apple will be held to the same standard of fair play that Microsoft is held to.

    10. Re:Turnabout is FairPlay? by prockcore · · Score: 1

      Because Apple didn't get found guilty of illegally using anticompetitive means to keep an existing monopoly and obtain monopoly power in a second market.

      That's only becaues Apple neglected to actually obtain a monopoly before acting like one.

    11. Re:Turnabout is FairPlay? by sabaco · · Score: 2, Interesting

      Not at all. The point of the article is, Microsoft, because of past abuses, currently (until 2007) has more restrictions against them than most companies. Something like this:

      The disputed plan, part of a marketing campaign known as "easy start," would have affected portable music devices that compete with Apple Computer Inc.'s popular iPod. It would have precluded makers of those devices from distributing to consumers music software other than Microsoft's own Windows Media Player, in exchange for Microsoft-supplied CDs.

      is a violation of their punishment - much like if a person on parole can't hang out w/ convicted felons, but a regular person can

      --
      This is SO educational! -- Kintaro Oe
    12. Re:Turnabout is FairPlay? by MochaMan · · Score: 1

      Microsoft can't do it because they're a convicted monopolist.

      Not to split hairs, but Microsoft has never been "convicted" of being a monopoly. Being a monopoly is not, in itself, illegal. Microsoft has been found guilty of abusing its monopoly position in one market to extend it to others. This is illegal as there are many laws preventing monopolies from engaging in such behaviour.

      As you point out, Apple is not in the same position and as such, they're not restricted by these laws, neither are they bound to conditions imposed by previous lawsuits.

      To the grandparent poster -- it would be nice if everyone were treated equally, but there are many cases where this is not so. Convicted murderers get confined to jails, monopolies that abuse their monopoly position have fines, and restrictions imposed on what kind of business they can engage in.

    13. Re:Turnabout is FairPlay? by gzearfoss · · Score: 2, Insightful

      Not from how I interpret it. The main difference between the two is that Apple owns iTunes, iPod, and the music store, while Microsoft only owns its Media Player and the operating system. If Apple wants to restrict their iPod to only their product, it's their choice. If Bob makes an MP3 player that will only load music from BobSongs Music Player, it's his choice; he controls both, and that decision is made by him. In either case, if people don't want to use the designated music loader, then they shouldn't buy the music player. Alice has no right to go to Bob and force him to change his product to use only her music player.

      In other words, if Microsoft makes a music player of their own, then they can restrict it to only using WMP. But they shouldn't be able to force other MP3 player manufacturers to only use WMP, even though Microsoft controls the operating system.

    14. Re:Turnabout is FairPlay? by Fulcrum+of+Evil · · Score: 1

      Apple in some territories the iPod holds a monopoly like position and Apple might abuse that position

      Explain how Apple can exclude competitords from the market, then.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    15. Re:Turnabout is FairPlay? by _Sprocket_ · · Score: 1
      If I may speculate about what might have been...if Winamp had focused on selling songs, and got Rio to make mp3 players that linked up to their software, we would be living in a totally different world right now.

      And what songs was Winamp going to sell? The big content owners were busy fighting new distribution methods at that point. Furthermore, they certainly weren't interested in selling MP3s - still aren't.

      Sure - the big guys aren't the whole show. But independants have been early adopters of MP3s; a format that plays in Winamp and the Rio. And what's the big news? iTune because Apple has managed to either bring the big media to the table, or at least provide a table where they'll sit at the right time... or perhapse both.
    16. Re:Turnabout is FairPlay? by Anonymous Coward · · Score: 0

      No its not the same. The online music store is, I beleive on Apple's site, and they can make the music downloaded from there compatible only to their play if they want. MSN is Microsoft's site and they can make it where only IE is the only browser that connects, but Microsoft can not make thier music player an exclusive on Apple's prodcut.

    17. Re:Turnabout is FairPlay? by einhverfr · · Score: 1

      If MS made the player nobody would have a right to say that it must run other companies' software. The problem here is MS was trying to force other manufacturers to limit their players to running only Windows Media Player software.

      If there was sufficient competition in the market, nobody would care if "MS was trying to force other manufacturers to limit their players to running only Windows Media Player software."

      The problem occurs when someone who has monopoly power in a major part of the platform industry tries to use that power to strong-arm third parties into restricting their choice to monopoly products.

      --

      LedgerSMB: Open source Accounting/ERP
    18. Re:Turnabout is FairPlay? by _Sprocket_ · · Score: 3, Interesting
      Isn't this precisely what Apple is doing with iPod + iTunes? If Apple can open an online music store and restrict competing hardware and software products then why can Microsoft not compete in exactly the same way? What about the tethering of music purchased on iTunes to the computer which purchased the music and the FairPlay system?

      You're comparing apples to oranges. From the article:

      The disputed plan, part of a marketing campaign known as "easy start," would have affected portable music devices that compete with Apple Computer Inc.'s popular iPod. It would have precluded makers of those devices from distributing to consumers music software other than Microsoft's own Windows Media Player, in exchange for Microsoft-supplied CDs.

      A proper comparison would be to note that Apple requires Apple to bundle iTunes with sales of the iPod and other devices Apple sells. Which, I suppose, they do.... since it's all one company. But this is hardly your point.

      Your confusion is over the content offered on iTunes. Note that this has absolutely nothing to do with content. Would you care to point out where content providers are required to enter an exclusive contract with Apple to make that content only available via iTunes? Or perhapse where the Judge found objections to the Windows Media format?
    19. Re:Turnabout is FairPlay? by Anonymous Coward · · Score: 0

      Apple can at most be accused of having a monopoly in the mp3-player world, and that's not quite true (there are a lot of competing players in the market, it's just that nobody buys them)

      There are lots of competing operating systems too. But MS still has a monopoly in that area. It's not the number of competitors that counts, it's their market share.

    20. Re:Turnabout is FairPlay? by Tony+Hoyle · · Score: 1

      (a software company, OK they do make keyboards)

      And.. Mice, Trackball, Fingerprint readers, Wifi cards, Routers (several kinds), Ethernet adapters, Joysticks (many types)...

      For a software company they sure make a shitload of hardware!

    21. Re:Turnabout is FairPlay? by Moofie · · Score: 1

      "If there was sufficient competition in the market, nobody would care if "MS was trying to force other manufacturers to limit their players to running only Windows Media Player software.""

      Funny thing is, if you look at the numbers on MP3 player sales and pay-for-download music, nobody does care.

      --
      Why yes, I AM a rocket scientist!
    22. Re:Turnabout is FairPlay? by womby · · Score: 1

      Apple in some territories the iPod holds a monopoly like position and Apple might abuse that position

      Explain how Apple can exclude competitords from the market, then.


      Excluding competitors from a market place is not a requirement for being classed as a monopoly. A monopoly is when their is only one provider in a marketplace. So in some territories Apple holds a market share an order of magnitude larger than its nearest competitor, and Apple might abuse that monopoly like position.

      I could have chosen a variety of words,
      Apple could abuse that position,
      Apple should abuse that position,
      Apple wants to abuse that position,
      Apple is likely to abuse that position,
      Apple wishes they could abuse that position,
      Apple won't abuse that position,
      Apple can't abuse that position,
      Apple is packed with floppy haired liberals who wouldn't dare abuse that position.

      But really all I was saying was that Apple might hold what looks like a monopoly position but until they loose (or settle) an anti-trust case they are free to do as they please in the market place, unlike Microsoft.
      --
      **** lying is wrong even for sleeping dogs
    23. Re:Turnabout is FairPlay? by Moofie · · Score: 1

      "Apple in some territories the iPod holds a monopoly like position"

      Which territories?

      " and Apple might abuse that position"

      How?

      --
      Why yes, I AM a rocket scientist!
    24. Re:Turnabout is FairPlay? by ceoyoyo · · Score: 1

      I have an iPod. I've never purchased a song from the iTMS. I do use iTunes on my Mac, but I could use it on a Windows machine if I wanted to. Yes, I do have to use iTunes to put music on my iPod, but Apple gives that away free. So what is it that they're using their dominance of the portable music player market to force me to use? The free software they gave me?

    25. Re:Turnabout is FairPlay? by Zebra_X · · Score: 0, Flamebait

      You are smoking crack. The iPod and iTunes are as anti-competitive as it gets. The hardware is completely closed and no third party software can run on it. There are also a limited number of codec's that work with the iPod. The only thing that you can do is play AAC, MP3 and DRM'd apple music on it. It is a black box. It even enforces DRM practices on non-DRM music.

      Apple chooses to enforce their monopoly on the market by forcing consumers to use only apple products to access the iTunes music store - No iPod, no iTunes. It is a monopoly now - because Apple currently has a majority of the mp3 player market share, and a 100% monopoly on music encoded in an Apple DRM format. They are also actively discouraging 3rd parties from interfacing with their hardware and software (real player). Thus, they are using their monopoly advantage to exclude competition in the market of players that can play AAC/DRM formatted music. It is of course their "right" because they manufacture the hardware and software. Ultimately, the lack of formats on the iPod reduces the consumers' choice decreases the utility of the device thus harming the consumer. This again is the mark of a monopoly. Though the rough textbook definition is "monopoly: If a certain firm is the only one that can produce a certain good, it has a monopoly in the market for that good." (econterms.com)

      To put this in a MS context: If Microsoft manufactured their own player - and their own software for playing and listening to music. Then they *actively* discouraged other vendors and companies from interfacing with their software and seemingly refused to grant licenses at a reasonable rate - they would probably be taken to court. As it is, there are a variety of WMV capable players out there and a number of music services that utilize the format for content delivery.

      As a parallel observation to the current discussion - Apple has actively pursued an anti-competitive strategy both on a software and hardware level. Take for example the difficulty in getting Linux to run on Mac hardware, or BeOS. Or perhaps the total lack of 3rd party hardware that can run OS X? OS X as it currently ships has as many or more features than XP SP2. The real indicator of monopolistic practices at work is a lack of diversity in a market place. In the case of apple, there are apple logos on just about everything a Mac user would buy, or what the get for "free". Sure, there are features there that other products do not have such as the AirPort express with iTunes integration. However, that is a result of Apple's unwillingness to license Apple DRM to other companies on a reasonable basis. Apple's transition to a Media platform will only worsen this trend. As this battle continues Apple will use licensing and intellectual property as their cudal in the fight against competition.

      It would not be so bad if all of Apple's products functioned as well as they are formed. Apple's products are generally beautiful, but the nice design comes at a cost. In the last three years hardware issues have plagued the iPod line. Starting with the Apple Battery scandal, Massive iPod mini DOA issues, almost everyone I know has had some problem or another with their iPod. Their machines have had problems as well. Most recently the 1.8 G5 iMacs have had thermal issues. On a software front, Apples updates have caused serious problems on a couple of occasions in the last few years. Pretty sad considering Apple knows every single machine and it's shipped configuration. The real kicker is that Apple doesn't seem to care. Getting these issues resolved have caused end users time and money because of slow apple response, and poor policy making (high restocking fees, hidden part return deadlines). My point in all of this is that Mac users have to put up with this, and Apple has no market force to correct it. The reason? Apple has a monopoly on the Mac.

      In closing this kind of thing can only last so long - I would argue that the speed with which the iPod Nano screen scratch suit was brought against Apple

    26. Re:Turnabout is FairPlay? by Fulcrum+of+Evil · · Score: 1

      Excluding competitors from a market place is not a requirement for being classed as a monopoly.

      It absolutely is. If you can't exclude competitors, then they will come, so long as your market is profitable. The very essence of monopoly is that you can set the price higher than market rates and increase your overall profit. In order to do that, you must prevent the other guy from undercutting you, as they would in a free market.

      Apple is packed with floppy haired liberals who wouldn't dare abuse that position.

      Who are these liberals? I'm liberal, but I'm not an idiot. If I had a monopoly, I would certainly milk it, but even monopolies can't go too far - the higher your rents, the more incentive to make you irrelevant.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    27. Re:Turnabout is FairPlay? by Zebra_X · · Score: 1

      There is competition for iTunes. There is competition for the iPod. It's entirely possible to use iTunes to buy music that doesn't go to an iPod at all, and it's entirely possible to use an iPod with someoen else's service.

      Last time i checked the iPod was then only device that could play AAC DRM files. That's pretty monopolistic.

    28. Re:Turnabout is FairPlay? by Budenny · · Score: 0
      Probably the most reasoned and accurate comment ever published on a public forum about Apple's marketing strategy and performance. Your point about the apparent failure of the controlled hardware environment to deliver the superior quality, the 'just works' performance used to justify it in computers, is very true.

      Your central point about iTunes is also true: making people use Apple products to buy music on iTunes is classic anti competitive behaviour, and should be condemned.

      There remains the baffling puzzle. Why is it that people think this stuff is perfectly acceptable, even praiseworthy, from Apple, but wrong and dreadful from everyone else? Extraordinary moral blindness.

    29. Re:Turnabout is FairPlay? by oscast · · Score: 5, Insightful

      "You are smoking crack."

      No crack.... you're just confused.

      "The iPod and iTunes are as anti-competitive as it gets."

      Not at all... watch as I destroy your whole argument.

      "The hardware is completely closed and no third party software can run on it."

      That's not anticompetitive... Apple creates the whole product. You might as well go after radio manufacturers (for example) for not allowing other companies to automatically be suppliers for their knobs and buttons. If you create the entire product (hardware and software) you can include as much or as little as you want with it. If Windows could be used to the exclusion of PC hardware... then they would be allowed to bundle as much as they want without concern of leveraging their illegal monopoly.

      "There are also a limited number of codec's that work with the iPod."

      Actually, the iPod is pretty much on par with all other music players with regard to the number of codecs it can play.

      "The only thing that you can do is play AAC, MP3 and DRM'd apple music on it."

      Wrong. The iPod can play songs encoded with these CODECS:
      MP3 (from 32 Kbps to 320 Kbps)
      MP3 Variable Bit Rate (VBR)
      AIFF *
      WAV (with no compression)
      The following require iPod software 1.3 or later:
      M4A AAC *
      M4P AAC (Protected) *
      M4B AAC (iTunes Music Store Spoken Word files) *
      The following require iPod software 2.2 or later or iPod mini 1.1 or later:
      Apple Lossless Encoder
      * Requires iTunes 4 or iTunes 4 for Windows. AAC files also require the most recent update to the iPod software.

      "It is a black box. It even enforces DRM practices on non-DRM music."

      Its a Black box... and of course also a white one... and no it does not enforce DRMpractices on non-DRM music.

      "Apple chooses to enforce their monopoly on the market by forcing consumers to use only apple products to access the iTunes music store - No iPod, no iTunes."

      Motorola chooses to enforce their monopoly on the market by forcing consumers to use only motorola LCD displays in their phones. No Motorola LCD display, no motorola phone.

      Whirlpool chooses to enforce their monopoly on the market by forcing consumers to use only Whirlpool dish soap dispensers in their dish washers. No Whirlpool dishsoap dispenser, no Whirlpool dish washer.

      Sony chooses to enforce their monopoly on the market by forcing consumers to use only sony buttons on their stereos. No Sony buttons, no Sony radio.

      See how ridiculous your argument is? Apple creates the entire product the same way that these other companies do. Because Apple also happens to compete in a market that is largely comprised of multiple vendors each contributing a small part in a piecemeal approach to any given technological solution does not mean they are required to do so under any law as you're implying... be it legal or ethical.

      "It is a monopoly now - because Apple currently has a majority of the mp3 player market share, and a 100% monopoly on music encoded in an Apple DRM format."

      Keep in mind... its not illegal to be a monopoly. Its illegal to use your monopoly illegally. Apple is not doing anything that excludes competitors to enter into the market. Microsoft's spotty history is rife with this sort of behavior throughout its history. They didn't achieve their monopoly legally... and they certainly haven't maintained it legally. Apple on the other hand achieved their monopoly in the market through hard work and innovation. They are maintaining it by doing the same repeatedly.... over and over again.

      "They are also actively discouraging 3rd parties from interfacing with their hardware and software (real player)."

      And there's nothing illegal or unethical about that.

      "Thus, they are using their monopoly advantage to exclude competition in the market of players that can play AAC/DRM formatted music."

      No, any company can use the AAC codec and can attach DRM to the fo

    30. Re:Turnabout is FairPlay? by Anonymous Coward · · Score: 1, Interesting
      No iPod, no iTunes
      How is that different from needing Internet Explorer to access some of Microsoft sites or stores? Besides, i can d/l iTunes, just like that from the Apple website, and buy stuff there, which i can happily play on my computer, stream over to my stereo system using Airport Express, burn to a cd to take with me in my car etc, without ever needing an iPod. Closed system?

      DRM on non-DRM music you say?
      I call BS.

      People get what they buy. I want it to play mp3s and i'm not interested in WMA. Similarly, my hard disk tv recorder plus DVD-RW, supports only a few formats, but doesn't support DIVX for instance. I still bought it, because i know what i want.

      100% monopoly on music encoded in an Apple DRM format you say?
      I bought an Xbox, and darn, it only plays Xbox games! What a closed system it is! As said, people get what they buy. And you may want to check up on why Microsoft got convicted for using its monopoly and then checking if this holds for OS X? Or for the iPod.
      It would not be so bad if all of Apple's products functioned as well as they are formed
      And you quote for instance iMac thermal problems. Product recalls happen. Sony customers know about that (see for instance a recent /. story on digital camera's equipment with Sony parts). Also (don't have link handy) according to independent sources Apple has the best service record of any computer company AND the lowest repair rate.
    31. Re:Turnabout is FairPlay? by geminidomino · · Score: 1

      How much of that crap does MS actually MAKE vs. have made for them and just branding it?

    32. Re:Turnabout is FairPlay? by RzUpAnmsCwrds · · Score: 1

      "They also haven't attempted to kill their competition through monopolistic practices."

      Wait a minute. Apple has extended their de-facto monopoly on portable music players (how the got it is unimportant) to a near-monopoly on music software (iTunes) and a music download service (iTMS).

      This is EXACTLY what Microsoft is often trashed for. Microsoft used their near-monopoly on operating systems to attempt to corner the browser market. If you want Windows, you get IE.

      Apple is doing the same thing. If you want an iPod, you get iTunes. If you want to buy music for your iPod (from major labels), iTMS is the only legal online download source for your iPod. And once you buy that music, the iPod is the only portable player that can play those tunes without jumping through hoops to burn CDs.

      The result? iTMS is the #1 store. And iTunes is the #1 music software. If consumers were given the freedom to choose where to buy their tunes from, you can bet that tracks wouldn't be selling for $0.99. A competitive marketplace encourages lower prices, better service, and better quality. Apple's lock-in has prevented that.

      Whatever you think of WMA-DRM, the fact is that there are hundreds of different devices from many companies that play it. You don't have to use MSN Music. You don't have to use a Creative player. Hell, with RealPlayer or Yahoo! Music, you don't even have to use Windows Media player.

      Who's using their monopoly to stifle competition now?

    33. Re:Turnabout is FairPlay? by pintomp3 · · Score: 2, Interesting

      the radio/button analogy is stupid. a closer analogy is sony tvs letting u only play movies from the sony label or home movies, not from anyone else. the majority of the rest of your arguments are blind faith. if you own shares, i can understand your defense. otherwise, it makes no sense to religion out of a company.

    34. Re:Turnabout is FairPlay? by pintomp3 · · Score: 1

      while i agree with a lot of the things you said.. you are pretty much waving a cowboys banner at a redskins game (football teams for those of you who never leave /.)

    35. Re:Turnabout is FairPlay? by Anonymous Coward · · Score: 0

      The problem with your argument is this...

      "If you want an iPod, you get iTunes."
      That's 100% legal. The question isn't about iPods, it's about music players. Apple isn't stopping you (or even trying to stop you) from going out to buy a digital music player from another manufacturer. You do have a choice. Buy an iPod and use iTunes, or buy someone else's player and use another service. Sony tried to do the same thing with their music players and music store, they just weren't successful. MS could also produce a music player and say that it will only work with the MS store and there would be nothing wrong with that.

      But what MS was trying to do was wrong. They were going to tell third party manufacturers that if they wanted to use the WMA format then they couldn't make their players support any other format. Using your monopoly position to restrict third parties choices is a no-no.

    36. Re:Turnabout is FairPlay? by geekboy642 · · Score: 1

      They actually make the MN700 WiFi router...you can tell because it loses WAN connection every two hours, drops wifi every three thousand packets, and has no extensibility.

      Luckily you can put Linux on it.

      --
      Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio
    37. Re:Turnabout is FairPlay? by Anonymous Coward · · Score: 0

      But you're not restricted to only playing AAC on the iPod. You can buy AACs, burn them to disk and play them on any CD player, or make MP3s and play them on any music player (albeit at a slightly lower quality.) You can also play MP3s on an iPod so you're not restricted to only playing music bought through the iTMS. I don't see how it needs to be more open. Just because an iPod doesn't play your favorite format doesn't mean that it's evil. And Apple has no obligation to open the format that it created to competitors. That would be silly.

      And once again, there's nothing wrong with being a monopoly. There's something wrong with abusing your monopoly power, which MS has done and Apple hasn't.

    38. Re:Turnabout is FairPlay? by Omestes · · Score: 1

      Errr... No one forced me to get iTunes, no one locked me out of switching back to Winamp after trying it. I discovered that is was a superior product (don't even mention WMP). It was superior, I kept it. Seems very free market. If they become #1 for this, GOOD! This is how things should work, superior products win, this is good, as long as they don't do something illegal to do so, OR leverage people to their product by nerfarious means, like locking out competition.

      Last time I checked there are several competeing software players.

      Ditto with the iPod (which I got after to switching to iTunes and iTMS because of their superiority to the rest of the feild) after trying several other players (granted, not HD ones, only flash), I found the iPod a better investment. Simple. Stable. No tweaking needed. Thus I buy an iPod, others feel the same way and do the same. Apple becomes #1 in portable music players, great, free market at work again. Superior product. No one forced me to pick and ipod over a x. iTunes did not shut me out from getting a different player, since I could let iTunes handle music, and a combination of directory tree, software, and jHymn handle putting music on my x.

      So far we have two choices, dictated by a superior (as perceived by the public) product, within a free market. Sorry if this principle leads to a conclusion that you do not agree with, blaim the free market. In NO WAY IS APPLE LEVERAGING THEIR PRODUCT TO MONOPOLY LIKE MSFT. They made it easy, they made is elogent, they made it better, and people use it, but are free to choose otherwise with no difficulty.

      And iTMS does not interupt the free market in any way, since THERE is competition, granted not for the iPod, but if it became viable to switch (if iTMS stopped being the superior service), people CAN. The iPod is not a permanent attachment to your body.

      It's like saying Apple has an OS monopoly, then citing that OS X only runs on Macs (yeah, I know it runs on x86 with tweaking too). It's an inane statement, since people CAN buy a PC with Windows/Lunux/BeOS/etc very easily, choice still exists, with relatively few (non-economic) restrictions.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    39. Re:Turnabout is FairPlay? by Anonymous Coward · · Score: 0

      Or perhaps Sony making a music player that would only allow you to play music bought from their store? Oh, that's right, Sony did do that *cough*ATRAC*cough* and there was nothing wrong with that.

    40. Re:Turnabout is FairPlay? by womby · · Score: 1

      Excluding competitors from a market place is not a requirement for being classed as a monopoly.

      It absolutely is. If you can't exclude competitors, then they will come, so long as your market is profitable. The very essence of monopoly is that you can set the price higher than market rates and increase your overall profit. In order to do that, you must prevent the other guy from undercutting you, as they would in a free market.

      Because of their market size, Apple have secured volume discounts on flashram chips that allow them to sell their iPod nano player at a price lower than than any competitor can reach. Scale also gives Apple a R&D advantage where their fixed development costs makeup a smaller proportion of the per player cost. Now Apple has a market advantage based on both product style and price point, all without excluding competitors from entering the market, but they wont be able to undercut the iPod.

      A Monopoly is where their is only one supplier of a good or service, a monopoly is impossible in a true market economy but "near monopoly" and "monopoly like" situations are entirely possible, Microsoft did not have a monopoly in the OS market, but they were still found guilty of abusing their monopoly status. The closer Apple gets to 100% of the mp3 player market the closer they will be to a true monopoly, the only point of contention is where do you draw the line between "not monopoly like" and "monopoly like".


      Apple is packed with floppy haired liberals who wouldn't dare abuse that position.

      Who are these liberals? I'm liberal, but I'm not an idiot. If I had a monopoly, I would certainly milk it, but even monopolies can't go too far - the higher your rents, the more incentive to make you irrelevant.


      Nice of you to take that quote out of context, they were all examples of things I could have said but didn't all of which could be taken to mean different things by different people (which you demonstrated oh so well). What I said was that apple might abuse their position, and I clarified what I meant by the word might.
      --
      **** lying is wrong even for sleeping dogs
    41. Re:Turnabout is FairPlay? by womby · · Score: 1

      "Apple in some territories the iPod holds a monopoly like position"

      Which territories?


      Apple claim to have an increasing share of the mp3 player market trending past 75%, they claim to own an 80% share of the Legal Music download market, it is impossible for a true monopoly to exist in a true market economy which is why I used the term "monopoly like". The only difference between "not monopoly like" and "monopoly like" is where you draw the line, 70% of the market with 30 competitors holding 1% each, 85% of the market with 5 competitors sharing 3%, 95% with 1 competitor.

      I decided to set the bar low.


      and Apple might abuse that position

      How?


      Is the how important? The point I was making is that at some point some where some how apple could attempt to abuse their monopoly like position, unlike Microsoft their is nobody with the legal authority to step in and stop them. I was not saying this would be desirable, or that Apple will make us all line up, bend over and grab our ankles before listening to our music, but that their is always the possibility that somebody somewhere might attempt to abuse it.
      --
      **** lying is wrong even for sleeping dogs
    42. Re:Turnabout is FairPlay? by GaryPatterson · · Score: 1

      You keep saying that Apple has a monopoly on the Mac as if that means something.

      Every single manufacturer has a 'monopoly' on the products they manufacture. That's not a surprise, it's an issue of poor definition.

      Who else makes Macs? No-one. Is that bad? Only in the exact and precise same manner as in the cases of Ford cars, GMH cars, Sony Walkmans, Reebok sneakers, Bonds underwear and pretty much anything out there. You'll notice that any one of those examples has many other replacements, as does Apple's Macintosh. You can choose to go PC instead, and run PC software.

      The choice is not an Apple Mac or nothing. It's down to what personal computer you want to use - an Apple Mac or a HP PC or a Dell PC or a homebuilt PC or...

      There's absolutely no meaningful or useful definition of monopoly that includes the Macintosh, unless you can somehow show that a company with 3-5% of the marketshare is somehow controlling the purchasing decisions of the other 95-97%.

      Apple have had some quality control issues, just as every other manufacturer since the beginning of time has had. That's not shocking or newsworthy though, because it continually reports better than any other personal computer manufacturer out there. Consumer reports keep rating Apple well every year and customers keep being (obstinately, you'll probably think) happy with Apple.

      My current Mac, an iBook, has had chronic issues in the past eighteen months. My homebuilt PC has been fine though. And yet I keep using the Mac because it's better to use. I'm more productive with it, and it fits better into my daily life.

      Truth be told, it's the first Mac I've had (since 1991) with any issues worth mentioning. I've owned a number of PCs in that time with issues though, so quality control is a positive for Apple in my experience.

      And that's what your post boils down to - personal experience and opinion. No more valid than mine, but in both cases we have to bow before things like those positive consumer reports and the fact that Apple haven't been taken to court as an anti-competitive monopoly.

      Which is something you have to admit. Apple are not a monopoly in any sense worth mentioning. Not a legal sense and certainly not a sense with any sanity behind it. But hey! Apple haters don't need logic! Apple are doomed! They're probably beleagured or something. The fact that they're doing well and people like them is too much for some people, who can't seem to handle any competition with their chosen platform.

    43. Re:Turnabout is FairPlay? by Anonymous Coward · · Score: 0

      So what is it that they're using their dominance of the portable music player market to force me to use? The free software they gave me?

      Substitute "portable music player" for "OS" and change the free software from "iTunes" to "Windows Media Player" and it seems to be something that lots of people around here found cause to complain about...

    44. Re:Turnabout is FairPlay? by zootm · · Score: 1

      No, any company can use the AAC codec and can attach DRM to the format. Apple isn't excluding anybody.

      Not DRM that the iPod can read. Apple's DRM can only be used by ITMS, they have refused to licence it to third parties. Weren't they trying to legislate against Rhapsody (or something like that?) for selling DRMed content that the iPod could play?

    45. Re:Turnabout is FairPlay? by Anonymous Coward · · Score: 0

      "There remains the baffling puzzle. Why is it that people think this stuff is perfectly acceptable, even praiseworthy, from Apple, but wrong and dreadful from everyone else? Extraordinary moral blindness."

      As with Google, MySQL AB, and others on /., it's a willful exercise of doublethink:

      "the power of holding two contradictory beliefs in one's mind simultaneously, and accepting both of them. ... To tell deliberate lies while genuinely believing in them, to forget any fact that has become inconvenient, and then, when it becomes necessary again, to draw it back from oblivion for just so long as it is needed, to deny the existence of objective reality and all the while to take account of the reality which one denies--all this is indispensably necessary. Even in using the word doublethink it is necessary to exercise doublethink. For by using the word one admits that one is tampering with reality; by a fresh act of doublethink one erases this knowledge; and so on indefinitely, with the lie always one leap ahead of the truth.
    46. Re:Turnabout is FairPlay? by ceoyoyo · · Score: 1

      Only because MS is trying to bully OTHER companies into using WMP. To parallel the Apple example, if Microsoft built an iPod-like device, made it play Windows Media files (but also mp3s) and gave you WMP with the device, I doubt they'd have gotten the judicial naughty-naughty.

    47. Re:Turnabout is FairPlay? by Moofie · · Score: 1

      "Apple claim to have an increasing share of the mp3 player market trending past 75%"

      And they're maintaining their barrier to entry, how? Oh right, they're not. Microsoft is. See above.

      "Is the how important?"

      Uh, yeah.

      " unlike Microsoft their is nobody with the legal authority to step in and stop them"

      Who's stopping Microsoft? You remember, the people who have actually been found by a court of law to maintain and extend an illegal monopoly?

      --
      Why yes, I AM a rocket scientist!
    48. Re:Turnabout is FairPlay? by KarmaMB84 · · Score: 1

      They made a proposal that would've allowed consumers to get any player they wanted and just use one peice of software for any of them. If it weren't for the fact that there were competing products, this could've been a good thing for the music player manufactureres. The player manufacturers might've been perfectly okay with it, but developers of competing software would not be.

    49. Re:Turnabout is FairPlay? by applecrumble · · Score: 1

      One aspect that wasn't mentioned about Apple is vendor lock-in. In a couple of years, it is conceivable that some fantastic new type of MP3 device from another company will come out that lots of iPod users will want to switch to. When Joe the iPod user realises he has bought over $2000 worth of music from iTunes and he can't change to a non-Apple MP3 player because he can't play his music, he's going to be very annoyed. The majority of the population do not understand what DRM music and vendor lock-in means as they are merrily purchasing their MP3s from iTunes. This problem really needs to be addressed as Apple is selling the most downloaded music around and every track sold means they tighten their grip on the MP3 downloads/player market. Perhaps you could argue that they are leveraging their MP3 downloads market into the MP3 player market? Each product should be strong enough to compete on their own without this vendor lock-in to help as this hurts product quality and price for customers (they can't buy, say, cheaper DRMed MP3s from somewhere else because they can't play them and they can't switch music player because they can't play their current collection).

      By the way, is there any need to write a one paragraph reply to every sentence from the OP? You should be able to articulate your position without having to do this; it's just excessive to take each sentence out of context and try to rip it to pieces. It looks like your trolling.

    50. Re:Turnabout is FairPlay? by womby · · Score: 1

      "Apple claim to have an increasing share of the mp3 player market trending past 75%"

      And they're maintaining their barrier to entry, how? Oh right, they're not. Microsoft is. See above.

      So if I get this right, you are here to repeat my point for me, if you look at that grandparent post you will see its me.


      "Is the how important?"

      Uh, yeah.

      No it isn't, because my point was that in the future apple might abuse a monopoly position in some way but Microsoft have abused their monopoly position in the past so right now Apple has less restrictions on their behaviour in the market. the great grandparent said...
      "If Apple can open an online music store and restrict competing hardware and software products then why can Microsoft not compete in exactly the same way? "
      And I replied ...
      "Because Microsoft is a convicted monopolist and Apple is not."
      I then quantified it by saying that in the future apple might abuse their market position but until they are prosecuted under anti-trust they are free to do as they please in the market place.


      "unlike Microsoft their is nobody with the legal authority to step in and stop them"

      Who's stopping Microsoft? You remember, the people who have actually been found by a court of law to maintain and extend an illegal monopoly?

      unlike Microsoft, Apple was not prosecuted for anti-trust violations and as such have nobody limiting their behaviour in the market, if they continue to avoid an anti-trust court case, preferably by continuing to not violate anti-trust laws, then they will never have anybody limiting their behaviour in the market.
      --
      **** lying is wrong even for sleeping dogs
    51. Re:Turnabout is FairPlay? by womby · · Score: 1

      I think you have that backwards, a closer analogy is Sony only allowing you to play Sony Movies on Sony TVs. The only* media restriction on the iPod is that only apple can provide DRM content that can play on it, I don't have or want any DRM content so this restriction does not affect me in any way.

      * by only I am assuming that apple obviously will not support every codec known to man or beast, but that the codecs they do support are open and standard enough that anybody can provide supported content.

      --
      **** lying is wrong even for sleeping dogs
    52. Re:Turnabout is FairPlay? by oscast · · Score: 1

      "Perhaps you could argue that they are leveraging their MP3 downloads market into the MP3 player market?"

      Only if you assume that they're seperate products. Apple is creating a music download solution. Only when you look at it through Microsoft's/PC industry's piecemeal business model can it be considered harmful to the consumer.

      "By the way, is there any need to write a one paragraph reply to every sentence from the OP?"

      Yes, because the poster made several comments that were either grossly mis-informed or downright wrong. The post was geared to cause confusion and detract from Apple's strengths.

      "It looks like your trolling."

      It might only appear that way if you agreed with the parent comment... which was a troll in itself.

    53. Re:Turnabout is FairPlay? by Zebra_X · · Score: 1

      lol - yeah. almost everyone comes to apples defense when it comes to this argument. i was expecting to get a poor reception to this argument :-)

    54. Re:Turnabout is FairPlay? by Fulcrum+of+Evil · · Score: 1

      Because of their market size, Apple have secured volume discounts on flashram chips that allow them to sell their iPod nano player at a price lower than than any competitor can reach.

      That means they're big. If you notice, Apple doesn't compete on price; somebody else could come up with a mp3 player that does things better than the iPod and steal some thunder. That is why Apple is not a monopoly. Thee is little stopping people from switching to a competitor.

      A Monopoly is where their is only one supplier of a good or service, a monopoly is impossible in a true market economy but "near monopoly" and "monopoly like" situations are entirely possible,

      Anyone can build mp3 players. Apple is merely dominant in this market.

      Microsoft did not have a monopoly in the OS market, but they were still found guilty of abusing their monopoly status.

      Yes they did. Their OS was sufficiently complex that no new competitors could enter the market, and all the OEMs would be bundling a MS OS with their PCs anyway, due to exclusivity deals. There is only one supplier, and noone else can create a competing product. The danger is that the desktop market may become irrelevant, what with everything moving to the web. The only things really keeping MS afloat are Office and Line of Business apps. If people migrate their internal apps to the web and pick an open document standard (predicated on the government doing so), then MS is fucked. All they'll have left is games, which is much smaller.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    55. Re:Turnabout is FairPlay? by Zebra_X · · Score: 1

      You wouldn't know really if you at the receiving end of a monopoly power. You've probably overpaid for your iPod but there is no way to tell because there are no other players that support the PlayFair format, thus no competition for your FairPlay player dollars. Why is it that WMA files play on a variety of players?

      Format wars only hurt us, the consumers. Most formats are open - but Apple is pursing a rather old and archaic strategy A LA MS word formats.

      As far as MS goes - it's a completly different discussion.

      MS's antitrust suit was orginally raised by competitors of MS. There is no one right now in a position to challenge Apple in that regard except consumers. There is no competiton with Apple hardware, becuase there cannot be. Doesn't that strike you as wrong?

    56. Re:Turnabout is FairPlay? by 2nd+Post! · · Score: 1

      Why do you think we've overpaid for iPods? Just because there are cheaper MP3 players? How about the fact that, for two quarters straight, Creative hasn't made money off it's MP3 players? Are they charging too little? Or how about the fact that there are MP3 players that cost more?

      It's not because there are no other players that support FairPlay that make or break the iPod, btw. Over 500 million songs sold and something like 20 million iPods. Or 25 songs per iPod. To put it bluntly, the iTMS isn't really part of the equation (yet). The dominant format of choice is MP3 and AAC, and not Fairplay.

      Both of which are actually open standards, both belonging to the MPEG group.

      So why is it that the champion of AAC is Apple, while everyone else has chosen the 'closed' WMA?

      And as for competition with Apple on hardware, there is plenty. Most of it sucks. Is that Apple's fault? Has Apple done anything to prevent Creative or Sony from doing any of 4 things to make competitive music players?
      1) Better design (Sony's is prettier, but Creative's isn't)
      2) Better software (iTunes wipes SonicStage or whatever Creative uses. We know about Apple's iTunes because it's free. Where can I download and use Creative Lab's software to organize my music?)
      3) Better ad campaigns (Apple's more or less saturating the market. Sony can definitely match them. How come they aren't?)
      4) Better price (Sony and Creative are more expensive. The 20gb Zen Sleek is $249 from Amazon, the 30gb iPod is $299 from Apple; cheaper per gb, plus you get color, pictures, and video from Apple. You get FM from Creative)

    57. Re:Turnabout is FairPlay? by womby · · Score: 1
      ... that allow them to sell their iPod nano player at a price lower than than any competitor can reach.

      Apple doesn't compete on price


      Care to explain that to Creative who have just publicly announced that they cannot sell cheeper MP3 players than the iPod. Apple is now able to compete on style AND price, the only way a competitor can beat them is to out Apple Apple.


      A Monopoly is where their is only one supplier of a good or service, a monopoly is impossible in a true market economy but "near monopoly" and "monopoly like" situations are entirely possible,

      Anyone can build mp3 players. Apple is merely dominant in this market.

      Microsoft did not have a monopoly in the OS market, but they were still found guilty of abusing their monopoly status.

      Yes they did. Their OS was sufficiently complex that no new competitors could enter the market, and all the OEMs would be bundling a MS OS with their PCs anyway, due to exclusivity deals.

      You appear to be confusing monopoly with abuse of monopoly and illegally maintaining a monopoly.
      A monopoly means there is a single supplier in a marketplace, it is technically impossible to ever have a real monopoly in a market because there will always be some competition. If you make the best toothbrush in the whole wide world and your ultra-mega-dragonball-toothbrush sells until it has 99% of the tooth care market, you have a near monopoly, once it grows to 100% (and all the competitors leave the market) you have a total monopoly, but the instant somebody pulls out a stick, ties a bit of string on one end and rubs in over their teeth, you have lost your monopoly. A monopoly is a description for a market not the behaviour of players in that market.

      Microsoft never had a monopoly over operating systems, if they did Apple, Sun, Novel, Suse, Redhat (all the linux packagers) *BSD and palm would not exist, monopoly means single supplier the instant any other supplier is available (even if they never ever sell a single unit) the monopoly does not exist.

      Microsoft was convicted of having a Monopoly like position in the OS market, which they then maintained by illegal means (and leveraged to take over emerging markets), having a monopoly is not illegal, and their is nothing specifically bad about a monopoly in and of itself.

      You say Apple has a dominant position in the portable music player market, I said that in some territories they have a Monopoly like position, at some point a dominant position becomes a monopoly like position, it must do otherwise Microsoft would never have found itself in a Monopoly like position.
      --
      **** lying is wrong even for sleeping dogs
    58. Re:Turnabout is FairPlay? by Fulcrum+of+Evil · · Score: 1

      You appear to be confusing monopoly with abuse of monopoly and illegally maintaining a monopoly.

      Go look it up in a dictionary - monopolies are defined as being in control of a commodity to the point that you can raise its price. Apple apparently sells its products really cheaply, so they aren't doing that.

      A monopoly means there is a single supplier in a marketplace, it is technically impossible to ever have a real monopoly in a market because there will always be some competition.

      Standard Oil was a real monopoly. They controled the oil supply and crushed all competition until, as I recall, oil was discovered in LA and companies were formed faster than they could stomp them out or buy them.

      You say Apple has a dominant position in the portable music player market, I said that in some territories they have a Monopoly like position, at some point a dominant position becomes a monopoly like position, it must do otherwise Microsoft would never have found itself in a Monopoly like position.

      You can say what you like, but you're wrong, according to the common definition of a monopoly.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    59. Re:Turnabout is FairPlay? by womby · · Score: 1
      monopolies are defined as being in control of a commodity to the point that you can raise its price.

      From the wikipedia monopoly page, the first sentence is.
      In economics, a monopoly (from the Greek monos, one + polein, to sell) is defined as a persistent market situation where there is only one provider of a kind of product or service. Monopolies are characterized by a lack of economic competition for the good or service that they provide and a lack of viable substitute goods.


      Standard Oil was a real monopoly. They controled the oil supply and crushed all competition until, as I recall, oil was discovered in LA and companies were formed faster than they could stomp them out or buy them.

      The definition does not include crushing competitors, anti competitive behaviour or illegal actions none are necessary for a market to be a monopoly. Standard Oil had a little over 60% of the oil market, not a technical monopoly by any stretch of the imagination yet it was broken up by the government because it abused its monopoly like position to inhibit competition.

      You can say what you like, but you're wrong, according to the common definition of a monopoly.

      Why, if Standard Oil with 60 odd percent of the oil market can be declared a de-facto monopoly, can I not suggest that in some territories Apple with its 75% market share holds a monopoly like status.
      --
      **** lying is wrong even for sleeping dogs
    60. Re:Turnabout is FairPlay? by Fulcrum+of+Evil · · Score: 1

      That's not a very good definition. Monopoly power is defined by a company's ability to set prices, not their market share. The ability to control prices is a result of why certain things, such as physical phone service (specifically, the last mile) and utilities are natural monopolies - any new compeitior would need to duplicate a lot of infrastructure and get right of ways which are no longer available - why would the city allow such things if there's already power service to an area. A single supplier is common, but not neessary.

      Face it: you could create an mp3 player tomorrow and sell it. That is why Apple doesn't have a monopoly.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    61. Re:Turnabout is FairPlay? by Phroggy · · Score: 1

      Not DRM that the iPod can read. Apple's DRM can only be used by ITMS, they have refused to licence it to third parties. Weren't they trying to legislate against Rhapsody (or something like that?) for selling DRMed content that the iPod could play?

      Yes, that would be Real Networks, which owns Rhapsody. Real apparently reverse-engineered Apple's FairPlay DRM without licensing it from Apple (because Apple wouldn't license it to them), and Apple wasn't happy.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    62. Re:Turnabout is FairPlay? by womby · · Score: 1

      That's not a very good definition. Monopoly power is defined by a company's ability to set prices, not their market share.

      Good thing we were not (and never were) talking about monopoly power then.

      Face it: you could create an mp3 player tomorrow and sell it. That is why Apple doesn't have a monopoly.

      Good thing I didn't say Apple had a monopoly.

      Shall I repeat myself, In some territories Apple holds a monopoly like position* which at some point in the future they might try to abuse** in an illegal manner, but for now there is nothing to stop them acting in ways which Microsoft*** is prevented from emulating.

      * If Standard Oil can be broken up for abusing its 65% market share, Apple can be described as Monopoly like with 75%.
      ** Difficult to do
      *** Convicted of illegally leveraging a monopoly in one market to take over another, and so prevented from certain market leveraging actions.

      --
      **** lying is wrong even for sleeping dogs
    63. Re:Turnabout is FairPlay? by zootm · · Score: 1

      Thanks for information.

  19. I don't care what they say... by NotQuiteReal · · Score: 1, Funny
    I may hate MSFT (slashdot crowd cheers) them or love them (slashdot crowd boos), but either way, I give them money every year.

    This is not a moral judgement anymore... on a technical basis, do they have something I want? yes.

    BTW, I reboot my Windows boxes every month or so, whether they need it or not. Just Because.

    --
    This issue is a bit more complicated than you think.
    1. Re:I don't care what they say... by killjoe · · Score: 2, Insightful

      How you spend your money is the most important moral decision you will ever make. Every time you reach in your wallet you can make the decision to make the world better or worse. Hundreds of moral decisions every day multiplied by billions of people, the most powerful force for change in the world is in your pocket. Use it.

      --
      evil is as evil does
    2. Re:I don't care what they say... by Braino420 · · Score: 1

      Yes, don't give your money to bums/beggars.

      --
      They call me the wookie man, I guess that's what I am
  20. Re:Whisky Tango Foxtrot by Cave_Monster · · Score: 1

    Shock horror! A company trying to make money. Well I never heard such a far-out thing. Regardless of the tactics used, I'm sure it really isn't going to hurt their market share. I think it's more a case of, lets try it and if we get caught 'bummer' otherwise profit!

  21. did not understand? by the-build-chicken · · Score: 4, Funny

    lower-level business person" who did not understand the company's obligations under the antitrust settlement...and apparently been living the past 5 years without a tv.....or a newspaper.....or interpersonal contact.......in a box....wearing earmuffs......buried in a 12 foot crater on the other side of mars.

    1. Re:did not understand? by jedZ · · Score: 5, Funny

      with a sign on it saying "Beware of Leopard".

    2. Re:did not understand? by Crunchie+Frog · · Score: 1

      Ever thought of going into advertising?

      --
      --- Never attribute to malice that which can be adequately explained by stupidity
    3. Re:did not understand? by Anonymous Coward · · Score: 0

      Whatever... I'm not surprised. We can't even find Iraq on a map.

    4. Re:did not understand? by BocaJuniors · · Score: 1

      ...and apparently been living the past 5 years without a tv.....or a newspaper.....or interpersonal contact.......

      You mean...a Slashdotter?

  22. Re:Whisky Tango Foxtrot by badmammajamma · · Score: 1, Troll

    Good thing you went anonymous with that post, otherwise you would have been modded down for dissing Apple (in spite of the fact it's true).

    I don't care if I get modded down, so feel free.

    --
    Any man who afflicts the human race with ideas must be prepared to see them misunderstood. -- H. L. Mencken
  23. Re:Question by superpulpsicle · · Score: 1

    Do hotfixes count?

  24. Simpler explanation by aepervius · · Score: 4, Insightful

    They are "testing the water" to see how far they can go expanding their grasp without anyone reacting. Next time they will go a little less far and nobody will react etc...

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
    1. Re:Simpler explanation by Tim+C · · Score: 1

      Never attribute to malice that which can be adequately explained by incompetence.

    2. Re:Simpler explanation by duffahtolla · · Score: 1

      Malice and Microsoft seem a pretty sure bet these days.

    3. Re:Simpler explanation by leuk_he · · Score: 1

      They should have know better than bulling music makers. That industie even tougher than the software makers.

      The proper solution if to fill the music player arena with patents involving everything about transering music (not excluding music) to external players and sue every producer that does not license their software.

  25. Re:Whisky Tango Foxtrot by netkid91 · · Score: 0

    Pretty much.

    --
    NO~, I read Slashdot because I think it's stupid.....
  26. Really nail them... by The+Ancients · · Score: 1
    ...over a proposal to force manufacturers to tether iPod-like devices to Microsoft's own music player software.

    Meh - teach 'em a lesson. Force manufacturers to tether iPods to Microsoft's own music player software :p

    Ok, ok - I know it's not fair, not going to happen, and just plain not nice, but imagine the look on Bill's face when that little beauty came zinging his way...
  27. MP3 players by Tony · · Score: 1

    The deal is this: if you had 2000+ albums on your hard drive, it'd take you forever to index them so you had a cool interface with which to access your music.

    Now.

    Take your desktop computer, with all its resources, and scrunch it down into a device that'll fit into your pocket.

    The deal is, it's easier to "cache" the ID3 tags into a "database" (sorry if I'm using technical terms here) and have a small "embedded device" use the database for song information. And, since you need a computer to move those songs over to the embedded device, it's much easier to move the db workload off to the big computer than the small computer.

    It really does make sense. It's just a pain the ass for the citizen using the device.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:MP3 players by QuantumG · · Score: 1

      Then add to the user interface of the mp3 player the option to play files that have not been indexed. It's no more expensive to show a directory listing than it is to show a song/artist listing. And for God's sake, use a flat text file to store the index so anyone can write a program to update it (or you can just use a text editor and do it manually).

      --
      How we know is more important than what we know.
    2. Re:MP3 players by Fulcrum+of+Evil · · Score: 1

      And for God's sake, use a flat text file to store the index so anyone can write a program to update it

      ,p>Why is that a proirity? You lose the advantage of faster searching for no real gain. Granted, 10k files isn't really huge, but with indexes, you can lower your memory usage signifigantly.
      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:MP3 players by Anonymous Coward · · Score: 0

      fyi,

      1. a number of mp3 players do let you browse files to find one to play
      2. some mp3 players support text-based playlist formats
      3. finding an mp3 player that works well and is flexible is pretty tough.

    4. Re:MP3 players by Moofie · · Score: 1

      Right, because it's a lot easier to write a program to index my collection than to let iTunes do it flawlessly.

      Hey man, if that's what works for you, knock yourself out. I can't imagine why I'd ever desire that feature. Smart Playlists==super awesome.

      --
      Why yes, I AM a rocket scientist!
  28. They forgot... by laughingcoyote · · Score: 0, Redundant

    The "lower-level" employee was also accused of throwing chairs across the room while threatening to "fucking bury these antitrust guys", according to a Microsoft statement. His identity has not been released, but Microsoft has promised that "appropriate action" will be taken.

    "We've decided that Mr. Bal-erm-this low-level goon is only allowed to have beanbag chairs in his office from now on. And if he throws any more furniture he's paying for his own wall." said Jack Priceup, a low-level marketing goon for Microsoft. Asked if low-level people within the organization were allowed to make large-scale decisions with competitors, he said "No way, they don't even let us take a piss without askin..." After checking his pager, which started furiously going off at that time, he then stated that time for comments was up.

    --
    To fight the war on terror, stop being afraid.
  29. brilliant future by Anonymous Coward · · Score: 1, Funny

    Microsoft blamed the proposal on a newly hired, "lower-level business person" who did not understand the company's obligations under the antitrust settlement.

    Let's say that for a new hire, the guy knows a lot about Microsoft tactics already... he only failed one test: never get caught!

  30. But is it really so? by Anonymous Coward · · Score: 0

    > All Steve understands is how to jump around the stage leaping and whooping
    > like a primate. However, apparently that's enough to run Microsoft.

    However, apparently that's enough to run the USA.

  31. Nice work judge, now what about OpenDocument? by cpu_fusion · · Score: 3, Insightful
    1. Re:Nice work judge, now what about OpenDocument? by gnasher719 · · Score: 1

      Absolutely no need to get any judges involved there.

      Massachusetts stated their requirements. Microsoft stated that they wouldn't fulfil these requirements. Massachusetts decided they don't want Microsoft software that doesn't meet their requirements. The market decided. Against Microsoft.

      Microsoft is one hundred percent allowed to create software that people don't want. I mean, they are already creating software that people don't like, so this is just a small step. Doing so is absolutely legal and no court should prevent Microsoft from making software that doesn't sell.

    2. Re:Nice work judge, now what about OpenDocument? by codemachine · · Score: 1

      Sure, but they shouldn't be allowed to lie about their ability to support it. They are claiming that they are unable to support OpenDocument. That is a pretty dubious claim, being that they are one of the largest software companies in the world, and they specification for OpenDocument is quite available to them.

      To say that they are unwilling to support OpenDocument would be telling the truth. To say that they are unable to do so is almost certainly a lie. If they truly do not have the capability to support this format in MS Office, I think that everyone has to be seriously worried about Microsoft's ability to create software at all. Though given the collosal failure that was the Longhorn development process, I guess that isn't necessarily so far fetched.

  32. Culpability by Red+Flayer · · Score: 3, Interesting

    FTA: "Microsoft abandoned the idea after a competitor protested."

    How many questionable actions have slipped through because the competitors have been strong-armed (due to business relations with MS) or bought off?

    This happens to be an area where MS has valid competition who have a large interest in making sure MS doesn't leverage their OS dominance... what happens in areas where the competition doesn't have the legal resources to monitor MS & to file complaints?

    Not to bash MS, but really now... Gates & co are making a good case for the idea that they need to be monitored past 2007, and that perhaps the previous settlement wasn't enough.

    The fact of the matter is that whether it was Gates or Ballmer or some new lackey, they were acting in official capacity as an employee of MS. It is the responsibility of those in charge to make sure no one in the organization could take illegal action. And should the court take action (which the judge said she won't), the execs at MS should be held liable by their shareholders.

    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    1. Re:Culpability by Anonymous Coward · · Score: 0
      the execs at MS should be held liable by their shareholders.


      I'm sure Gates and Ballmer will question the executives intensively.

    2. Re:Culpability by rsax · · Score: 1
      The fact of the matter is that whether it was Gates or Ballmer or some new lackey, they were acting in official capacity as an employee of MS. It is the responsibility of those in charge to make sure no one in the organization could take illegal action. And should the court take action (which the judge said she won't), the execs at MS should be held liable by their shareholders.

      It's just an excuse and a lame one at that. I find it really hard to believe that in a large organization such as Microsoft, an agreement like the one mentioned wouldn't make its way through several levels of management and the legal department before getting into the hands of a 3rd party. So it's amazing that a judge actually bought their excuse that a "lower-level-business-person" fucked up. I think a previous /. poster is dead-on: they were either testing the waters to see what they could get away with or were genuinely hoping that no one would have a problem with this.

    3. Re:Culpability by Red+Flayer · · Score: 1

      I agree.

      My point, in essence, is that the higher-ups are responsible for the actions of their underlings. If they did not oversee the underlings properly, then they were negligent. If they approved the action, then they were complicit.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  33. MRD by starling · · Score: 3, Insightful
    Microsoft blamed the proposal on a newly hired, "lower-level business person" who did not understand the company's obligations under the antitrust settlement.


    Well, they would say that, woudn't they?

    http://en.wikipedia.org/wiki/Mandy_Rice-Davies

  34. MICROSOFT NEEDS A SPANKING! by Anonymous Coward · · Score: 0

    That's it, Microsoft! You have worn out my patience. Time to go over my knee to have your bare bottom spanked! No more excuses for you, Microsoft!

    Now how is *that* for chiding Microsoft over its exclusive song plan?

  35. Maybe his name was "Tibor" by Anonymous Coward · · Score: 1, Funny

    (with apologies to The Simpsons")

    Homer: Now Bill if you get in trouble, just blame the guy who can't speak English. Ah Tibor, how many times have you saved my butt?

  36. Re:Whisky Tango Foxtrot by Anonymous Coward · · Score: 0

    The only difference between MS and apple is that MS handed apple their asses to them on a plate with MS-DOS (of all things). Other than that they have exactly the same business practices. The only thing apple has going for them is the iPod/Tunes - which makes apple primarily a music appliance company/RIAA shill (who also make mediocre niche computers), NOT a computer company.

  37. In defense of MS by weavermatic · · Score: 5, Informative

    I am a service tech with Siemens on the Redmond Microsoft campus. We do all of their desktop support so I see A LOT of the normal day to day happenings that go on around this place. Ever since I've been here, all I've seen are people doing everything they can to make the most feature-filled, least buggy, most compatible software they can. I know for certain that the team working on Microsoft Operations Manager has in the last week broken several barriers that they were working on.

    My point is that Microsoft is not the immense evil company that they are made out to be. The people that work here are not trying to rip you off. They are not sabotaging their software. They take pride in thier work. We have copies of different linux builds lying around and some people even use Macs here. Seeing the way things work here, when Balmer says he has not thrown a chair, I believe him. Every last employee and most vendors here have IMMENSE amounts of freedom in their jobs. Microsoft hires people that present an air of trustworthyness. They want to be able to hire people, assign them a task, and be confident that the person they hired will be able to complete the task in the most efficient and responsible way possible.

    In reference to this article that obviously did not happen. Somebody was entrusted with a certain amount of authority and they misused it. Please realize that Microsoft as a company is not some huge evil organization out to rape your wallets. They are regular people who want to, like anyone else, do the best job they can.

    1. Re:In defense of MS by Chirs · · Score: 1, Insightful


      The majority of the individual employees probably are as you say.

      That still doesn't change the fact that Microsoft as a company *is* a huge organization out to rape our wallets. In the current business/legal climate it almost has to be, in order to not be sued by the shareholders.

    2. Re:In defense of MS by Moofie · · Score: 0, Troll

      uh huh. Trying to get hired on permanently, are you?

      --
      Why yes, I AM a rocket scientist!
    3. Re:In defense of MS by Anonymous Coward · · Score: 0
      Somebody was entrusted with a certain amount of authority and they misused it.

      That somebody has to be at least at the VP level. This is about working with dozens of OEMs for a sweeping contract - and it would require at least a VP-level person's OK (and a final nod from at least one of the two big boys BG and/or SB.)

      "Lower-level business person" indeed. heh. If it is who I think came up with this gem - he is neither "lower level" nor "business".

    4. Re:In defense of MS by DrJimbo · · Score: 4, Insightful
      Please realize that Microsoft as a company is not some huge evil organization out to rape your wallets. They are regular people who want to, like anyone else, do the best job they can.

      Unfortunately that job they are working so hard at is to rape our wallets, for the benefit of their stockholders.

      The fact that the company is comprised of people doing the best they can is not really a valid argument against the idea that Microsoft is a huge evil organization. In fact, I would imagine that most, if not all, huge evil organizations are filled with regular people doing the best they can.

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
    5. Re:In defense of MS by Anonymous Coward · · Score: 0
      I am a service tech with Siemens on the Redmond Microsoft campus. We do all of their desktop support

      Methinks you should upgrade them to Linux - it'll make your job easier, and make them more productive - so they'll have time to read up like things like obeying the law so this whole article would never have happened.

    6. Re:In defense of MS by TheoMurpse · · Score: 1

      not some huge evil organization out to rape your wallets

      Wake up, dude. That's the sole purpose of a corporation. From Wikipedia:
      In Anglo-American jurisdictions, business corporations are generally required to serve the best interests of the shareholders, a rule that courts have generally interpreted to mean the maximization of share value, and thus profits. Corporate directors are prohibited by corporate law from sacrificing profits to serve some other interest, such as environmental protection, or the improvement of the welfare of the community.

    7. Re:In defense of MS by Mistshadow2k4 · · Score: 1

      If they were not an evil company out to rape my wallet, Windows XP would not require online activation to use after I pay for it. Furthermore, it would not require re-activation if I should have to reinstall it - which MS has failed to do for several people. You can blather away about software piracy all you want, but when you're talking about one of the richest companies in the world and in the history of the world, it all comes down to is greed on an overwhelming scale. I would have bought XP if not for the activation problem. It's done a great job of preventing piracy hasn't it? It's also preventing people like me from buying it at all. I'm on Win 2k and have no intention of buying XP ever. Yes, all software is prone to piracy by it's very nature, but that's their problem, not mine, and I'm nto going to jump through hoops to earn the privilege to use software after I pay for it. Hello Linux!

      And speaking of the most feature-filled, least buggy and most compatible softwarem what about Windows ME? I had to buy a copy of Win 2k to replace it because it was almost unusable, between the blue screens and continual freezing up. We actually called Microsoft tech support about this. The guy we got hold of was whispering into the phone and said "Yes, there are problems with Windows ME". We asked when there might be patches to fix these problems. He whispered back "There aren't going to be". He was right, of course, because soon after that Windows XP came out. Windows ME has never been fixed to this day. So I have paid for two Microsoft OSes in my time, one of which I couldn't make use of because it was too buggy.

      Hey, here's an idea. Wonder how many people who are pirating XP also paid for Windows ME? Maybe they feel like MS owed them a working operating system - which they do. So when is Microsoft going to refund the money to all the people who bought Windows ME or exchange their copies for a working version of Windows? Never.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    8. Re:In defense of MS by killjoe · · Score: 3, Interesting

      MIcrosoft is full of kind and nice people who work hard every day. That's why they steal technology, refuse to follow standards, stab their partners in the back, call people communists and cancer and a hundred other sleazy and unethical things.

      Nice people do that all the time, they really do!

      --
      evil is as evil does
    9. Re:In defense of MS by Smuffe · · Score: 1

      I agree.

      I think Despair says it best:
      Irresponsibility (Despair.com)

    10. Re:In defense of MS by Anonymous Coward · · Score: 0

      What do you expect. He said he was one of Microsoft's Siemens service techs. Of course he's blowing them.

    11. Re:In defense of MS by Anonymous Coward · · Score: 0

      The Nazi's probably considered themselves ordinary people doing the best they could, hopefully there'll be a day of reckoning for MS employees.

    12. Re:In defense of MS by globalar · · Score: 1

      It's very easy to do the wrong thing as a group. It is even easier to let it happen and not say anything. Responsibility really is not a group concept. Combined with an office that supports the corporation (how can it not?), is somewhat sanitized and removed from the effects of a decision, and has job security, this effect just seems to be multiplied.

      Once I learned this, my ability to influence people on a person-to-person level became the primary focus of work - managing or as just a team player.

    13. Re:In defense of MS by the+arbiter · · Score: 1

      How ya doin', Mr. Astroturf? Been a while since we saw you around!

      --
      Boycott everything - they're all trying to fuck you one way or another
    14. Re:In defense of MS by Anonymous Coward · · Score: 0

      That concept is called the banality of evil.
      Once the scope of evil becomes large enough you're just following orders.
      Of course, comparing Microsoft to the Nazis is still pretty mean.

    15. Re:In defense of MS by killjoe · · Score: 1

      "It's very easy to do the wrong thing as a group. It is even easier to let it happen and not say anything. Responsibility really is not a group concept"

      How does that saying go? All that is takes for evil to win is for good men to do nothing. Good takes effort.

      --
      evil is as evil does
    16. Re:In defense of MS by leifb · · Score: 1
      ... Microsoft as a company is not some huge evil organization out to rape your wallets. They are regular people who want to, like anyone else, do the best job they can.


      You say this as though huge evil organizations cannot be composed of regular people who just want to do the best job they can.

      In fact, they are rarely made up of anything else.
    17. Re:In defense of MS by aukestrel · · Score: 1

      Yeah, forgive me for hauling out the Nazi parallel, but the Holocaust was a result of a bunch of regular (nice, cultured intellectual!) people doing the best they could.

      --
      "It's the crazy backwards universe, where up is down and boy bands play instruments." -Tino, The Weekenders
    18. Re:In defense of MS by F_Scentura · · Score: 1

      Everyone involved in the incidents you refer to would still form a very small percentage of the 60000 people Microsoft employs.

      While I'm sure that there is a very definite corporate attitude, it does not form the "criminal monoculture" that you're implying.

  38. Re:Why not? by Anonymous Coward · · Score: 0

    It was a stupid post. I don't agree that it was worthy of moderation, but it was still a stupid post.

    If anything, it should have been moderated, "-1 irrelevant", but since that's not an option, perhaps "-1 overrated".

  39. Might as well give it a try ... by Anonymous Coward · · Score: 1, Insightful
    BushCo got away with this sort of excuse in the torture scandal. They sacrificed a few underlings and are still pushing for torture from the top:

    White House pressures Congress to reject torture amendment.

  40. MOD PARENT +1 FUNNY by Anonymous Coward · · Score: 0

    Mod parent +1 Funny

  41. A Tale of Two Microsoft's by einhverfr · · Score: 5, Interesting

    I used to work at Microsoft. I started out as a temp and was eventually hired full time. I have worked in PSS, and apprenticed in other departments such as testing. I as also deeply involved in many competitive discussions regarding Linux, etc. Indeed, over two years after I quit, I am still seeing the effects of suggestions I made to high-level competitive managers while I worked there.

    Pretty much every thing you say is true. To a point. It is true that Microsoft is a place where one can generally have a lot of freedom on how you do your job and you only find out once a year that the management thinks several of your most important contributions were wastes of time (a more common complaint than you might think), and that in general, it was a fairly satisfying place to work. It is true that people take a lot of pride in their work, and that most of the people there, especially those in product development, are primarily interested in making quality software, though whether they succeed or not is another question.

    The problem, however, is that there is also an odd sense of mean-spiritedness which exists as a hidden undercurrent at the company. It does not come out in every employee, and I think that the GM of my department through most of the time I was there was probably the least mean-spirited guy I have enver seen in any company, but it is a part of the corporate culture. You would not believe how many Microsoft employees might ordinarily vode democrat but voted to elect Sen. Gordon simply because Cantwell was coming from a competing company (Real Networks). Never mind the fact that she might actually understand the industry. One guy even told me that he could not in good conscience vote to elect an executive from a competitor to public office. And you would not beleive the flack I got because before I was hired, I had migrated my parents to a Linux desktop and did not want to bring them back into the fold of Microsoft software (yes they still run Linux, and no they are not nerds or techies).

    Similarly, the level of mean-spiritedness I watched seemed to go up as one ascended the management chain though there were plenty of exceptions. I knew several people who ended up in GM positions who really were great people to work for and with, and were entirely procompetitive. Sadly I also saw many more people who were fundamentally meanspirited (even if they did not at first appear this way) who were promoted as well.

    Now, I was not ill-informed as to the nature of this aspect of Microsoft corporate culture when I was hired. I had read essentially all of the court documents both regarding Caldera v. Microsoft and USDoJ v. Microsoft. And I largely accepted the employement at first due to the fact that I did not have another job lined up when my term came to an end. In other words, it was clear to me that a large percentage of senior execs (including Gates and Ballmer) were of this category of employees, and that this was a large part of what catylized this attitude in the company.

    During my time at Microsoft, I worked tirelessly to improve Microsoft software and business practices. My contributions were nearly all procompetitive. Among ideas first floated by me:
    1) One has to stop thinking of Exchange and Sendmail as competitors (as a result of this email, a POP3 server was added to Windows Server 2003).
    2) If you are going to Linuxworld, at least take the one product (SFU) that Linux guys might find interesting.
    3) SFU should ship with the operating system.
    4) If you can't provide SSH, at least provide a telnet server which uses Kerberos to encrypt the session (don't know the status on this one, but I believe it may be forthcoming)

    I don't know where my other suggestions so I will not mention them here. However, I will say that I had suggested a very aggressive competitive approach aimed at materially reducing the number of safe markets for Linux and FreeBSD. I would not be surprised if Microsoft continues to impliment other suggestions I made.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:A Tale of Two Microsoft's by Alioth · · Score: 1

      Why can't they provide OpenSSH? It's BSD licensed. Everyone uses it now (no one uses Kerberos+Telnet), it works well, it has good features. The best we can get at the moment Windows-wise is the OpenSSH installer which contains just enough cygwin to make it work - it's OK, but things like tab and the command history don't work with the Windows CLI, which is a minor annoyance. I'd love to see OpenSSH properly integrated into Windows (and not in an embrace/extend/extinguish manner - just integrated so it does what it does elsewhere). I wouldn't advocate turning it on by default, but having it in the standard install where the administrator can just switch it on.

    2. Re:A Tale of Two Microsoft's by seifried · · Score: 1

      1) It's mildly embaressing, also they want to push their own management tools

      2) It's monopolistic, extending their control and basically snuffing out ssh.com and other commercial SSH providers. They got in trouble for this type of behavior remember?

    3. Re:A Tale of Two Microsoft's by Anonymous Coward · · Score: 0
      And you would not beleive the flack I got because before I was hired, I had migrated my parents to a Linux desktop and did not want to bring them back into the fold of Microsoft software (yes they still run Linux, and no they are not nerds or techies).

      So I guess the idea that Bill Hilf (responsible for understanding Linux at MS or something) was a big Linux guy before working at MS is probably a load of garbage, seeing how that is received there?

    4. Re:A Tale of Two Microsoft's by einhverfr · · Score: 1

      Some deal involving the review of their legal department and concerns about some sort of IP rights (not sure if it is trademark or patent issues).

      --

      LedgerSMB: Open source Accounting/ERP
    5. Re:A Tale of Two Microsoft's by einhverfr · · Score: 1

      So I guess the idea that Bill Hilf (responsible for understanding Linux at MS or something) was a big Linux guy before working at MS is probably a load of garbage, seeing how that is received there?

      Actually there are a lot of UNIX geeks at Microsoft. Most of the people involved involved in SFU are UNIX geeks.

      The issue is not the hostility surrounding a specific technology. It is the hostility surrounding competitors. Heck, I ran Linux on many of my computers (and virtual machines) at Microsoft and got hardly any flack for it. OTOH, the fact that I wouldn't migrate my parents to Windows was an issue for many of them. Not all, and not officially mind you. Just a portion of the corporate culture.

      In other words, they wanted every employee to *sell* Microsoft software to the world. So it is OK if you run a Mac at home, and even likely to be OK if your parents run one, but if you validate Linux on the desktop by having your parents run that, you are asking for trouble at least from some people.

      --

      LedgerSMB: Open source Accounting/ERP
  42. well WTF did you think would happen? by Anonymous Coward · · Score: 0

    Judge Koltar Kelly, MS was found guilty of preadatory monopolistic practices. That was upheld in a court of appeals. only the solution, the breakup of MS, was challenged. You, judge Koltar-Kelly, forced the DOJ to settle with MS in the name of 911, a settlement which essentially let MS get off scott free. WTF did you think would happen?

  43. I enjoyed your comment. by Futurepower(R) · · Score: 1

    Excellent. Very interesting and very well written.

  44. newly hired, "lower-level business person" by Anonymous Coward · · Score: 0

    Obligatory Homer Wisdom:

    "Just blame it on the guy who doesn't speak English. Ahh, teebore, how many times you've saved my butt."

  45. Glad to see Microsoft's H1-B program is working by bombadier_beetle · · Score: 5, Funny

    The judge said Microsoft's music-player proposal -- even though it was abandoned 10 days later -- "maybe indicates a chink in the compliance process."

    Well, now we know the ethnicity of the low-level intern.

    --

    If you mod me down, I shall become more powerful than you can possibly imagine.
    1. Re:Glad to see Microsoft's H1-B program is working by pintomp3 · · Score: 2, Funny

      LOL, took me a second to figure out what you were refering to figure out what you were refering to. gotta start reading my racist dictionary more often.

  46. Where is Chewie when you need him? by madtinkerer · · Score: 1

    That's a pretty lame ass defense they put forward. The could have, at the very least, tried some version of the Chewbacca Defense

  47. Low level works if... by Ixitar · · Score: 0, Flamebait

    ... you count 'slithering out from under a rock'.

  48. Does it really suck to be Microsoft? by Anonymous Coward · · Score: 0

    Gee... I guess it must really suck to have your OS pre-installed on nearly every computer ever sold - and if those computer manufacturers don't preinstall your OS they still pay you for it. It must really suck that as a result of that 95% pre-installed OS base you have yet another leg up on anyone that gets in the way. Must really suck that the Feds still allowed you to be a monopoly while you suffered a tiny wrist slap. Probably also sucks to be able to buy nearly every competitor that gets in your way and simply integrate their software into your pre-installed OS. Yeah, it also probably really sucks to be the richest software company in the world, able to bully nearly anyone... and it also must suck to be able to use hidden API's that nobody else can. Must really suck to use proprietary file formats making it difficult for everyone else while at the same time slamming everyone else who want open file formats. Yeah, "Sucks to be Microsoft."

  49. Corporate tool by Sloppy · · Score: 3, Interesting
    "iPod-like devices"? Grumpyman, is it so hard to call them "music players"?

    I still haven't seen anyone with an iPod, but I've had a Neuros and I know someone with an Archos. Unless you're being paid to publicize that one company's antiquated product (fuckin' A, it can't even play modern codecs like Vorbis), then there's no reason to shill for it.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    1. Re:Corporate tool by pintomp3 · · Score: 1

      while i hate seeing terms like "ipod-like devices" (it's like saying trinitron-like devices or big mac-like sandwiches) you have to be kidding if you've never seen anyone with an ipod. every teenager and grandma has them in the subways in nyc, along with razrs and mcds.

    2. Re:Corporate tool by klubar · · Score: 1

      And you forgot... the generic term for an OS: "windows-like". As in, my Macintosh runs windows-like

    3. Re:Corporate tool by SlightlyOldGuy · · Score: 1

      Same in in the S.F. Bay Area. iPods are almost a uniform on BART these days.

    4. Re:Corporate tool by dave1212 · · Score: 1

      Antiquated? If you still haven't seen anyone with an iPod, you really need to leave the basement more often.

      Sad to see such a low UID resort to trolling.

    5. Re:Corporate tool by Sloppy · · Score: 1
      I guess I should explain to you and that other guy: I live in New Mexico. Even when I come out of the basement, there just aren't any subways here, and the bus system is unusable for most people.

      Take away mass transit, and you take away 99% of portable music players, or at least most of the exposure where other people get to see you on the way to work. So maybe someone in New Mexico owns an iPod for their commute, but you sure don't see them in businesses, on the street, in bars, etc.

      There was one exaggeration in my post, though. I actually have seen an iPod once. It was on display at a store (CompUSA, I think?).

      "Antiquated" has connotations that I sort of did mean as a troll, but at the same time, it's appropriate. If a player can't handle the best codec, whose format has been frozen for many years now, then the maker must not be trying very hard to keep up with technology. Even the Neuros coupld play Vorbis two years ago, and the Neuros was, I hate to say, kinda crappy. Let me know when there's an iPod model that can do what its lamest competitors could do in 2003.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    6. Re:Corporate tool by XBoyAdv · · Score: 1

      I live in a similar environment as you. (psst...it is worse than New Mexico. It is the Texas Panhandle) I have seen several iPods around my area but you have to visit the local "higher" education areas to see them. Plus using the "iPod-like" wording makes sense consider it is the market leader and culture phenom. (I don't own one)

  50. All that is solid melts into air by guet · · Score: 1

    It even enforces DRM practices on non-DRM music.

    In what way?

    Take for example the difficulty in getting Linux to run on Mac hardware,

    Ever heard of YDL, the official supplier of Linux on Apple hardware? There are a few different versions of Linux on PPC (ie Apple hardware).

    Then they *actively* discouraged other vendors and companies from interfacing with their software and seemingly refused to grant licenses at a reasonable rate - they would probably be taken to court. As it is, there are a variety of WMV capable players out there and a number of music services that utilize the format for content delivery.

    This is interesting behaviour, and I believe it's been prompted by the experiences of Steve Jobs in the past, at Apple and at Next, seeing better technology crushed by the MS juggernaut and forced out of the market by any means necessary (legal or not). If Apple had opened the iPod to WMA, that would be the default format now and MS would rule online music. If they had opened Fairplay and allowed others to use it, MS would have co-opted it with their own 'good enough' free software player and extended it (thus becoming the default implementation of Fairplay). Look at what happened to Sun, who licensed Java to MS only to see it knifed.
    So now Apple are playing the same kind of hard game back, and choosing the moment to open the service. I imagine eventually they'll open it up to other players, once they are assured that MS can not try to co-opt the standard. If Apple don't and they end up with a monopoly of online music and try to force other players out of the market, I hope they get sued.

    My point in all of this is that Mac users have to put up with this, and Apple has no market force to correct it. The reason? Apple has a monopoly on the Mac.

    If Mac users don't like their software they can always change to Linux or Windows (on another machine). Most people change OS when they change machines, and at no other time. And yeah, market forces have done a lot to correct the problems with Windows and Office haven't they? Things are so much better on that side of the fence (cough). Our model of capitalism doesn't remotely approximate a free and rational market, why talk as if it does? Will a free and rational market ever exist? Lastly, a monopoly in itself is not evil or illegal, the abuse of a monopoly to dictate conditions in other markets is illegal and evil.

    1. Re:All that is solid melts into air by zootm · · Score: 1

      In what way?

      Probably referring to the lack of ability (in the default software) for taking media files back off of an iPod once they're on there. Although this is easily circumvented with third-party software, there doesn't seem a good reason that the ability would be missing in the first place.

    2. Re:All that is solid melts into air by GaryPatterson · · Score: 1

      The music industry would close down the iTMS if they saw this happening with Apple's blessing. It would be promoting copyright infringement and file sharing, which is exactly what anyone selling media has to step around.

      It's easy to work around, but no company will allow this if they want to sell media as well. It's a recipe for disaster.

    3. Re:All that is solid melts into air by zootm · · Score: 1

      Most other players on the market allow this. It does not affect the iTMS files as they are DRMed and tied to a (set of) computer(s).

    4. Re:All that is solid melts into air by GaryPatterson · · Score: 1

      Which other company sells the music and the playback devices?

      Apple have to be careful about this, where a company such as Creative doesn't have to keep the music industry on-side.

    5. Re:All that is solid melts into air by zootm · · Score: 1

      Hmm. This is almost a consequence of their monopolistic (effectively) control over music on iPods, however.

    6. Re:All that is solid melts into air by GaryPatterson · · Score: 1

      Not at all.

      It's purely a consequence of the tight grip the music industry wants to keep on its assets. Apple gain no benefit from locking down music in this manner. On the contrary, it seems as though they'd benefit from being able to transfer music from the iPod, to help spread iTunes and increase the iPod's usefulness.

      And yet again someone brings up a monopoly that Apple have over the iPod. The same monopoly that every manufacturer has over their own products. This is no monopoly in any real, legal or useful sense.

      There are other music players to buy, from other companies. The have about 25% of the market.
      There are other ways to buy music, either physically or online. Online sales are dwarfed by CD sales, although online no-one seems able to compete with Apple. You can even rent music for next to nothing.
      There are other ways to manage music. iTunes is one of a large number of applications. Many prefer it, but there are plenty of options for those who don't.

      Where's the monopoly?

      The fact seems to be that Apple have taken a large risk, and it paid off handsomely for them. The risk was doing the whole thing - store, organiser and portable player - and no-one else has even tried to compete across all three arenas. Apple have done something big, and even after several years to catch up, no-one's even made it to the track to compete.

      This surprises me. I'd have thought Microsoft or Dell would step up, but they've brought nothing coherent to the table, just pieces of the whole.

      And if a monopoly can actually be shown, where is the illegal use of monopoly power? Without both a real monopoly and illegal use of the power derived from it, there's no legal issue at all.

      You bring the spectre of a monopoly in where it's neither necessary nor demonstrable.

    7. Re:All that is solid melts into air by zootm · · Score: 1

      I didn't want to get into this argument today, I was just trying to point out what the parent post to the post above my original one was talking about! Bah!

      There are other music players to buy, from other companies. The have about 25% of the market.

      They are all largely compatible with each other, too. The problem is that portable players have such a control over the online music market that every other company has no choice but to only target that 25% of a large segment of the industry.

      There are other ways to buy music, either physically or online. Online sales are dwarfed by CD sales, although online no-one seems able to compete with Apple. You can even rent music for next to nothing.

      People want to buy music online. The music companies (the real people to blame, I agree) often insist that it is DRMed. Therefore those who wish to listen to this music, and wish to download (which is more convenient and cheaper, and so on, so there's an incentive) must buy DRMed content. iPods (75% of the market, assuming your figure is correct) can only play music from non-DRMed sources (which isn't enough for many) or ITMS, since Apple won't licence their DRM to other stores.

      This surprises me. I'd have thought Microsoft or Dell would step up, but they've brought nothing coherent to the table, just pieces of the whole.

      MS licence their DRM system to other people, and most (I think) other players use it. There is no way in hell that Microsoft would get away with what Apple have already gotten away with, and they know this.

      And if a monopoly can actually be shown, where is the illegal use of monopoly power? Without both a real monopoly and illegal use of the power derived from it, there's no legal issue at all.

      This is the interesting point. But as I've said, I'm not interested in arguing this. It just strikes me as strange that so many people get upset with Microsoft for what is, in context, often far less. This issue does not really affect me though, since I couldn't justify purchasing music in the knowledge that my ownership of it could be revoked.

    8. Re:All that is solid melts into air by GaryPatterson · · Score: 1

      Sorry for the unexpected argument.

      It's late, I've seen a lot of stuff lately I don't agree with, it's angried up the blood and I should be in bed long since. Seems like aging is making me more sensitive to jumping at shadows (says he at the ripe old age of nearly 35).

      Your patience in not just flaming me is admirable, by the way.

    9. Re:All that is solid melts into air by zootm · · Score: 1

      I don't like getting into "that kind" of argument online. It never feels productive. I prefer to argue in order to learn more, or at least understand other people's arguments.

      If it helps, I'm currently at work, so things could be worse for you. :D

  51. Canary M Burns by pintomp3 · · Score: 1

    i wonder if microsoft is technically owned by a canary.

    in case the reference is lost on you:
    http://www.simpsoncrazy.com/news/news.php?id=393

  52. Asok by weg · · Score: 1

    Asok works at Microsoft? I wasn't aware of that...

    --
    Georg
  53. Scary... by iCoach · · Score: 2, Insightful

    So if the anti-trust suit had never happend this would have been perfectly acceptable to "higher-level business persons"?

    The quote says more than I think they intended.

    -Coach

    --
    "Never upset a goalie, getting hit with a blocker is an unpleasent experience - facemask or not." -Me
  54. In other news... by catmistake · · Score: 1
    Upper lever company officials have decided to make the United States Judicial Branch a part of Microsoft. The I.R.S was 'thrown in' to sweeten the deal. The acquisition took place behind closed doors late Tuesday afternoon for a reported $2 trillion. Vice-President Cheney claims that it is the first time in American history that an administration has managed a budget surplus of over half a trillion dollars. Microsoft's first order of business was to replace the Supreme Court with an automatic updating service accessable through their web site via Windows XP at a cost of $400 per license.

    "By making the Judicial Branch a part of Microsoft, we hope to offer our customers unsurpassed customer service. This is a good thing," says Bill Gates.

  55. I'm shocked there is gambling in this establishmen by Analogy+Man · · Score: 1

    I'll collect my winnings later.

    --
    When the people fear their government, there is tyranny; when the government fears the people, there is liberty.
  56. Wow, how ridiculous... by TheNetAvenger · · Score: 1, Troll

    Wow, how ridiculous...

    We all know only Apple can do things like this, and get praise for doing it at the same time...

    iTunes anyone?

    1. Re:Wow, how ridiculous... by Anonymous Coward · · Score: 0

      Um, no. You can use different players with iTunes.

    2. Re:Wow, how ridiculous... by Ash-Fox · · Score: 1

      Such as?

      --
      Change is certain; progress is not obligatory.
    3. Re:Wow, how ridiculous... by TheNetAvenger · · Score: 1

      Um, no. You can use different players with iTunes.

      I think you read the point of this article and my post BACKWARDS...

    4. Re:Wow, how ridiculous... by Anonymous Coward · · Score: 0

      Apple sure is sneaky... I didn't even realize they were a monopoly! We really should keep a close eye on them.

    5. Re:Wow, how ridiculous... by Anonymous Coward · · Score: 1, Insightful

      Why do people keep comparing Microsoft's practices of monopolistic abuse to Apple's? To abuse a monopoly, you have to have it first. And no, Apple has a monopoly of Apple's products argument does not count.

      *Shake head*
      Seesh! You'd think reading this over and over, even a stupid person will learn something.

    6. Re:Wow, how ridiculous... by 2nd+Post! · · Score: 1

      Tell me, who has Apple told, "You may only bundle iTunes if it is the only media player you bundle?"

      HP sold iPods, bundled iTunes, and STILL bundled Windows Media Player.
      When Apple first sold iPods to PC users, they bundled MusicMatch.
      When Apple first sold iPods to PC users, they sold them through Dell.

      So can you name anyone that Apple restricted iPod or iTunes distribution bundles? Because Dell certainly never bundled iTunes, and HP never stopped bundling MusicMatch.

    7. Re:Wow, how ridiculous... by TheNetAvenger · · Score: 1

      Tell me, who has Apple told, "You may only bundle iTunes if it is the only media player you bundle?"

      HP sold iPods, bundled iTunes, and STILL bundled Windows Media Player.
      When Apple first sold iPods to PC users, they bundled MusicMatch.
      When Apple first sold iPods to PC users, they sold them through Dell.

      So can you name anyone that Apple restricted iPod or iTunes distribution bundles? Because Dell certainly never bundled iTunes, and HP never stopped bundling MusicMatch


      Ok, I serious might have missed something great here... So this isn't a troll response, but a true question.

      All I have ever known is that to download music to your iPod or purchase music for your iPod you had to use iTunes - no execptions. Even books bought through audible.com needs iTunes to dowload the books to the iPod last time I looked.

      Windows Players and regular MP3s (non iPods), can use any software they want to download music to the device, pick any store they want, and aren't required to use Media Player to downoad the content. Even Audible again, uses their own software to download the books to alll the non (iPod) players, but plugs into iTunes for an iPod, because you have to use iTunes and Apples control their DRM for the content.

      Where with other players, if hte publisher wants control of the media(music), they can use MS's DRM or their own, and their own players, or even install their DRM into Windows Media player if they choose, they can pick any tool and their own technology if they want.

      To a certain degree DRM and iPods is pretty much all Apple controlled at this point, and one point of control is the requirement of iTunes. Where such a single point doesn't exist for other players - they can use their own stuff, use Media Player, use MS's DRM, make up their own DRM, etc...

      I am fully willing to believe I missed some transition, so please correct my assumptions about the iTunes and Apple DRM necessity for an iPod.

      (Not a troll post, just wanting to see how far off I am on this, truly.)

    8. Re:Wow, how ridiculous... by TheNetAvenger · · Score: 1

      Why do people keep comparing Microsoft's practices of monopolistic abuse to Apple's? To abuse a monopoly, you have to have it first. And no, Apple has a monopoly of Apple's products argument does not count.

      *Shake head*
      Seesh! You'd think reading this over and over, even a stupid person will learn something.


      Well this is the common assumption based on the rulings and as presented to the people, but in actual terms Microsoft was NEVER convicted of being a monopoly.

      They were charged with basically being the 800lb gorilla and using that to extend their presense and maket dominance, but they are still NOT or have legally been deemed a monopoly.

      So, they aren't any different than Apple, except like you said, they have 90% of the market share - but that does not make them a monopoly, successful, not a monopoly.

      When you can't buy a computer and run anything on it but MS OSes, and there is NO other choices in the world, then they could be moved to a monopoly - but to say they are that now, would be saying OSX is not a real OS, and all the Open Source variants for Intel/Amd based PCs are not REAL OSes or competition either. Sort of shooting your own market to label MS...

      (PS the only examples of Dell and other companies 'bundling' Windows by default on the computer no matter if you wanted it or not, was a contract by the manufactuers that they signed with Microsoft. They were never forced to do an exclusive bundling of Windows on all computers to get it cheaper. And this NOT out of the norm in software bundling licensing. My company has even sold bundling licenses, where if the manufacturer agrees to pay us for every computer they sell a few bucks, they can install our software on every computer they sell...)

      Take Care,
      The Net Avenger

    9. Re:Wow, how ridiculous... by 2nd+Post! · · Score: 1

      What's your point with the question, "All I have ever known is that to download music to your iPod or purchase music for your iPod you had to use iTunes - no execptions. Even books bought through audible.com needs iTunes to dowload the books to the iPod last time I looked"

      Is it Apple's problem then that no one else writes programs to load music onto an iPod? How about Yamipod? I mean, what else are they going to do? Rely on Microsoft to write a program to upload music to their MP3 player? Does it bother you then that Sony uses SonicStage, Dell uses MusicMatch, and Creative uses Creative Media Source?

      What's the problem with iTunes? Because it's free? Because it's crappy? Does that mean you don't use IE, either? Apple bought iTunes when it was called SoundJam, then released it as iTunes; and when it was first released, it was compatible with Rio, Creative, and Sony MP3 players; it was a generic MP3 jukebox written for Mac users because no one else would provide a decent one (sound familiar? Developers tend to forget about the Mac, so Apple usually takes it upon themselves to provide decent programs to their user base). Even as far back as last year, iTunes was compatible with OTHER mp3 players. I'm not sure if they still are, but I don't see why Apple would remove that functionality.

      So why do we have to use iTunes? Because no one else (Microsoft, Creative, Sony, Dell, etc) is willing to write iPod compatible software. Only third parties who don't make MP3 players do.

      So maybe I'll try again. You're asking, "Do I have to use iTunes to use an iPod?"

      The answer is, "No you don't have to use iTunes to use an iPod". There are even WinAMP plugins for the iPod and people have also written tools to allow Windows Media Player to synch with the iPod. Why are you blaming Apple for the lack of iPod support from Microsoft and others? The iPod doesn't use secret sauce: All it does is create a database of all the songs to enable quick ID3 tag browsing without spinning up the harddrive, and it stores all the songs in a hash-table on the iPod to maximize efficiency and minimize tree depth.

      More info on iTunes with other players.

  57. MS-credibility .. by KwKSilver · · Score: 1

    MS's credibility = 0. eom.

    --
    If you want your life to be different, live it differently.
  58. Four play by Anonymous Coward · · Score: 0
    Dude, you have your name both in the header of your post as well as in your signature. Is three times really the charm?

    Actually it's also in his URL (so TWICE in his header!). No, it's not very charming.

    1. Re:Four play by Anonymous Coward · · Score: 0

      It's to ensure that he doesn't forget it.

  59. And in related news... by Anonymous Coward · · Score: 1, Funny

    Bill Gates privately commended his new padawan.

  60. riiiiight! by suezz · · Score: 1

    "I do want to know how this happened," the judge said. "It seems to me at this late date, we should not have this occur." She did not indicate she plans to punish Microsoft, but her comments were remarkable because she generally praises efforts by the company and government under the settlement."

    I hope they get the book thrown at them and not just a lecturing. They need some kind of punishment.

    If what they say is true then they should not have low level people doing this work, but I doubt it is true. this is typical microsoft and it is a pattern and they are just playing with the court system because they are a cash cow for the government.

  61. Corporate culture by QuestorTapes · · Score: 2, Interesting

    > The federal judge overseeing Microsoft Corp.'s business
    > practices scolded the company Wednesday over a proposal
    > to force manufacturers to tether iPod-like devices to
    > Microsoft's own music player software. Microsoft blamed
    > the proposal on a newly hired, "lower-level business person"
    > who did not understand the company's obligations under
    > the antitrust settlement.

    This points out well why Microsoft can't be trusted in these anti-trust settlements. Microsoft's view is that proposals like this are only a problem in that they violate the anti-trust settlement terms. In reality, they are a problem in that they violate the intent of the anti-trust laws.

    MS expects its employees to work tirelessly to skirt the edge of the anti-trust laws, and build up its defacto monopoly. They can't accept into the corporate culture that attempting to force use of MS software through restrictive licensing agreements is not an acceptable business practice, -even if- you can do it without contravening the strict letter of the law.

    Frm the referenced article: 'The judge said Microsoft's music-player proposal -- even though it was abandoned 10 days later -- "maybe indicates a chink in the compliance process."'

    I would not describe it as a "chink"; I would describe it as a gap in which Microsoft is unwilling to comply with any settlement agreement to any greater degree than they can be compelled to by threat of force.

    '"This is an issue that Microsoft is concerned showed up," Rule said. He added that Microsoft regrets the proposal ever was sent to music-player manufacturers and that the company was "looking at it to make sure this is a lesson learned."'

    Unfortunately, from Microsoft's point of view, the lesson they seem to want to impress on the employees is, "thou shalt not get caught", where the court wants them to learn to alter their business practices to prohibit these kinds of restrictive agreements.

  62. Where was his boss? by slapout · · Score: 1

    "lower-level business person"

    So this person's higher level supervisior didn't know what this guy was doing? Shouldn't he be reported to someone?

    --
    Coder's Stone: The programming language quick ref for iPad
  63. If you don't like iPod, then buy something else by Secrity · · Score: 1

    For one thing, Apple is not a convicted monopolist. For another, Apple is not trying to use it's market position to force anybody to do anything. If you don't like buying a closed system, then don't buy an iPod. For the record, I won't buy Apple products because of their closed nature, the only Apple product that I have ever purchased was an Apple //e.

    So what if Apple has a monopoly on the Mac? Sun has a monopoly on Sparc servers and GMC has a monopoly on Cadillacs. Apple, Sun, and GMC can't use their market position to try to force anybody to use a Mac, Sparc, or Cadillac because people are free to use other computers or to use other cars.

    If Apple produces a product that has a problem, such as the iPod Nano scratching problem, there are consumer laws in place that can be used to seek remedy. Also, why are people still buying iPod Nanos when it is pretty well known that the Nano's have a problem with the window scratching?

    1. Re:If you don't like iPod, then buy something else by Anonymous Coward · · Score: 0

      GM (GMC is a division within GM) can not create artificial barriers for aftermarket parts manufactureres or independent mechanics. For example GM can not void a warranty, even though they say they will, on a car simply because an aftermarket part was installed unless they can demonstrate the aftermarket part caused the failure. Nor can GM prevent independent shops from working on their vehicles by making their technology "closed"; GM must provide the same training to independent shops that they provide to dealerships, and they must provide it at a comparable cost.

      In other words, neither GM nor GM's dealers are allowed to earn uncompetitive profits for repairing cars simply because GM made the car. Making a car and servicing a car are two seperate markets. Just as the market for online music and digital music players are two different markets. If Apple, after establishing a locked in customer base for iPods, began to chage significantly more for songs, they might have some explaining to do.

  64. Why its an iPod like device: by Anonymous Coward · · Score: 0

    This is exactly what apple is doing with the iPod and iTunes, and no one seems to care about that. Microsoft just took Apples idea and decided to see if they could go one step further with it and make it more universal. Even if the judge hadnt said something, I dont think it would have gone anywhere, thats just asking to much really to have every manufacturer give up their own dreams of "iTunes like programs".
    However, I do think it would be smart of them to make it an OPTION to be able to connect to whatever Microsoft is cooking up in the iTunes like program department... Apple needs a little competition, keep them from getting lazy.

  65. OT: Fix the damn CSS by belg4mit · · Score: 1

    WTH black and blue on black for headers?!

    --
    Were that I say, pancakes?
  66. Do you need any more proof that ..... by Anonymous Coward · · Score: 0

    the judge is a TRUE BLONDE?

  67. GP: In other words... by Anonymous Coward · · Score: 0

    You suck at the Internet!

  68. "This should not be happening." by Eggplant62 · · Score: 1
    From the OFA:

    In a rare display of indignation, U.S. District Judge Colleen Kollar-Kotelly demanded an explanation from Microsoft's lawyers and told them, "This should not be happening."


    Well, if the Justice Department had done it's job, this criminal monopoly would not be in existence to perpetrate such acts. Oh, and by the way and while you're at it Judge K-K, would you mind pokin' yer nose into the Massachussets legislature and ask a few questions about why there's a sudden surge of political unrest regarding the MA State IT department adopting OpenDoc Format over Monopoly Office Suite product formats, even though this is "an administrative matter that's not subject to legislative proceedings?" Maybe a little behind the scenes political brib... ahem, er.. manip... no, lobbying is taking place on behalf of said criminal monopoly?

    Thanks.
    1. Re:"This should not be happening." by KarmaMB84 · · Score: 1

      Nearly everything is subject to legislation. It's called checks and balances ;) Perhaps the legislature isn't happy that THEY might be forced to change their software and learn OOo on a whim from the executive branch?

    2. Re:"This should not be happening." by Eggplant62 · · Score: 1

      What's to learn? OOo is so much like the Monopoly Office suite that there's not much to learn, really, so the point is moot. If the monopoly would listen to their customers and simply implement support for OpenDoc in their products, it won't be a problem, will it?

  69. Slightly reworded: by samsmithnz · · Score: 1

    "Microsoft blamed the proposal on a newly FIRED, "lower-level business person" who did not understand the company's obligations under the antitrust settlement.""

  70. Reminds me of teenage sex by Weaselmancer · · Score: 2, Funny

    You know, when you're new to it all and shy about asking and you kind of hedge your bets.

    "Ha ha ha. No, I'm just kidding."

    "...unless you think it's a good idea, that is."

    --
    Weaselmancer
    rediculous.
  71. Sabotage is an exhibited behavior by SgtChaireBourne · · Score: 1
    They are not sabotaging their software.
    Jokes about how the 'security' patches usually work aside, sabotage actually is one behavior already exhibited. Sure the AARD code was a few years ago, but you have the court records to look at to see what MS did to Java. But that was a few years ago, too. Ok. How about something from 2005, then. It's even related to the topic, which is Music.

    Then at what point can neglect or inaction be called sabotage, if the result is the same? MS products still have ongoing problems with their support of protocols like TCP/IP, HTTP, and Kerberos. And with releasing documentation for their APIs, or even with the implementation of the API itself, such as with ODBC. These are problems that just happen to hinder or block competitors. No. It must be a coincidence.

    MS has worked hard to earn the poor reputation it has in the tech community. For years it has engaged in anti-competitive, predatory practices and chronically made shoddy software that usually underperforms the nearest competitor by a long shot.

    Pardon us for learning from experience.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
  72. Consisering that... by Svartalf · · Score: 1

    The little RCA MP3 player seems to have handled all of that just fine with none of the negatives you list with a cheaper device , iRiver shouldn't be cut any slack on that regard.

    Sorry, it doesn't work for me.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  73. Don't fire 'disposable' employees by Simonetta · · Score: 1

    I'm constantly amazed that in graduate level management classes it is still taught that low-level employees should be thrown away like a used tissue. I never occurs to them that a 'disposable' employee is a rare asset to the company.

        This is because the company can use the disposable employee to take charge of special projects that have the potential of bringing the company a lot of money if successful but can be safely fired and covered up if the project doesn't work out. Usually the disposable employee is young, unmarried, and without children and other dependents. They are often bored, smart, well-trained, under-utilized, and restlessly willing to do something out-of-the-box or even extreme.

          Traditionally taught management dictates that these people be just tossed away. But this is crazy because these employees give you the ability to reinvigorate your company with special risky projects with the minimum amount of exposure to bad consequences. If it doesn't work out, you can blame it all on a 'low-level new employee unaware of legal agreements invoked before their hire', as Microsoft has done in this case. If it does work, cover the illegal aspects and promote the 'low-level employee' who took the risk and made it work. In other words, give them health insurance and job security.

          This is quite Machiavellian. Nevertheless, all large corporations are Machiavellian and these strategies should be taught in graduate-level business school.

  74. Hi, Mr. Troll! Hello, Ms. Shill! by Anonymous Coward · · Score: 0

    Shock horror! A company trying to make money.

    That's the excuse Mafia guys use, shill. Where are the moderators today?

  75. The fault also lies with those who ostensibly care by 5n3ak3rp1mp · · Score: 1

    It would obviously benefit the consumers as well as us who work in this industry if everyone small- and medium-sized wasn't afraid to go near the 900lb. gorilla in the room for fear it will sneeze out a legal document. Microsoft has successfully established itself as the "safe" choice both for corporations as well as uninformed consumers. Microsoft is after all the new IBM, and they are seemingly too big for even a coalition of competitors to gang up against.

    Did something go wrong along the way?

    Part of the problem is you guys. Yes, you. YOU have not fought management enough on their mindless devotion to Microsoft BizTalk, Outlook and Exchange Server. YOU have not spent enough weekends building a kickass app using open-source tools that you could use to prove your faith to management or the client or both. YOU have failed to convince your Windows-using friends to try anything else, even though they still go to you for Windows assistance. YOU know how hard it is for them to get past that mental block, so go ahead and put your money where your mouth (and heart) is and lend them a used or rebuilt machine for a while. YOU, the army of independent thinkers, of underdog fans, of any thought or decision that looks too lemming-like, you PHB despisers and abhorrers of the status quo... need to not only hold your ground, but advance! (Disclaimer: I'm not just all talk- I just quit my decent-paying, Microsoft-technology-focused and totally-time-consuming salaried-worker-abusing Big 4 consulting job so I could focus on mastering some open-source technologies that the corporate world has not gotten a whiff of yet, and to try my hand at building great stuff with it... and I already have a paying project...)

  76. Perjury by NullProg · · Score: 1

    Microsoft initially drafted a marketing agreement with language indicating that manufacturers that signed on would be barred from supplying software other than the Windows product.

    An attorney for Microsoft, Charles Rule, said Microsoft regretted the mistake and that "a low-level business person" who was not fully aware of Microsoft's mandate was responsible.


    Since when does any agreement get sent out of Microsoft without thirty different lawyers/PR Reps. looking it over. I hope the Judge calls them out on this.

    A) They are either lying. -OR- B) Anti-trust measures are not working because Microsoft is to incompetent to police itself.

    Enjoy,

    --
    It's just the normal noises in here.
  77. Comparisons ? by Anonymous Coward · · Score: 0

    I think the thing that most people seem to forget is that business is war and some people do dispicable things in war. Some are willing to sell their soul to the devil, whilst others are humane. It is pretty obvious that Microsoft has no respect for the spirit of the law, and is always pushing their luck similar to Hitler and his stunts regarding Austria and the Sudetenland (???). Some soldiers actually were welcomes by the people of Europe others were hated because of the cruel things they did. I dont think theres any need to point who is whom.

    Its a growing shame that Microsoft cant change their ways and be human for once instead of mindless robots bent on ruining everything for their own gain. Another anology is that of the pathetic drug dealer who will sell drugs and ruin countless lives just so he can make a $.

  78. Gratuitous post (thread first) by cgenman · · Score: 1
    Kevin: Good evening. I am Sir Simon Milligan. And welcome to the Pit of Ultimate Darkness. Where's the reverb? I asked for reverb. (reverb goes on) Not now. Never mind.

    Tonight, we dive into the diseased human mind. Join me, the grey matter is warm. Within each of us are several personalities. For example, are any of us the same person when we talk to our parents as we are when we say, "I go with a prostitute?" J-just an example.

    You see, in the normal mind these personalities are integrated. However, in the freakish...unnormal mind, these personalities splinter, forming separate and distinct people, living within a single brain, like this one!! (shows brain, drops it)

    Now, in the tradition of 3 Faces of Eve, yet less ambitious than Cybill, join me in welcoming the multiple personalities of my brimstone baby, Manservant Hecubus. (Hecubus rises)

    Dave: Good evening, master.
    Kevin: Good evening. And now for the sleep of ages. Leba! Seba! Kootie! (Hecubus falls asleep) Hecubus, can you hear me?
    Dave: Yes, master.
    Kevin: Is there anyone else in you brain I can speak to?
    Dave: Hold the phone, master. (changes) Hello. How ya doing, pally?
    Kevin: And who am I talking to?
    Dave: Ed. Ed's the name.
    Kevin: And what do you do, Ed?
    Dave: Uh, nothin'.
    Kevin: Really, then how do you know when you're done? (Laughs, become serious) EVIL! Now, is there anyone else I can speak to?
    Dave: Sure, just a sec. (changes) Hello.
    Kevin: And who am I talking to now?
    Dave: Ted. Ed said you wanted to talk to me.
    Kevin: Gee, Ted. You sound an awful lot like Ed.
    Dave: Yeah? Never heard that before.
    Kevin: May I speak to Ed again?
    Dave: Sure. (changes) Hello.
    Kevin: Hello, is this Ed?
    Dave: No, this is Fred. Ted musta heard you wrong. Ed, phone for you. (changes) Hello.
    Kevin: Now Ed?
    Dave: Yeah. (laughs)
    Kevin: What's so funny?
    Dave: It's still Fred. I fooled ya!
    Kevin: Evil. May I please speak to Ed?
    Dave: Sure. (changes) Hello, Ed here. (laughs)
    Kevin: Okay, who is this?
    Dave: Oh, it's Ed. I just think what Fred did was pretty damn funny. (changes)
    Kevin: Oh, let me guess who this is. Jed?
    Dave: No. My name Julio! Julio the bus driver!! Ay, ay!
    Kevin: Now we're cooking with evil gas. Tell me, Julio, how long have you been around?
    Dave: No, it's still Fred. God, you're gullible.
    Kevin: Enough of this farce. Hecubus, awaken. (slaps him)
    Dave: Master, where have I been?
    Kevin: Oh, shut up. I hope this evening's performance has taught you to value your flimsy grasp on sanity. At any given moment, any one of you can snap! (snaps)
    Dave: Hello, Ed here. Geez, you know , these tights really bind at the crotch.
    Kevin: So from all of us at the snake pit, goodnight. And please remember to floss. (to Dave) Where did you go to acting school?

  79. What sucks (IANAL) by einhverfr · · Score: 1

    Is to be told that you have an illegally maintained monopoly and then just get a very minor slap on the wrist. This means that the floodgates of litigation are opened, and that a huge amount of pent-up frustration over business practices gets released on the company. This means that everyone who now has a valid antitrust case can pursue it with far less expense *and* that Microsoft has to be very careful about letting these go to trial.

    For example, suppose Novell wins Novell v. Microsoft and Microsoft is found to have illegally maintained their MS Office monopoly. Not only does Novell have an easier case to make but Microsoft is much more vulnerable to a guilty verdict in this case because it would be an established matter of legal fact that Microsoft not only has market power in Windows but also in Office, and that both these monopolies had been obtained or maintained by illegally anticompetitive ways.

    I have no sympathy of Microsoft. Indeed I am happy to see them be given a small cut and thrown into shark infested waters, as this case has done. But don't forget the role of the small cut.

    --

    LedgerSMB: Open source Accounting/ERP