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Microsoft To Appeal EU Decision

An anonymous reader writes "News.com has an article on Microsoft's upcoming appeal of the EU antitrust decision. Their argument is essentially that they shouldn't be penalized for becoming successful in a marketplace." From the article: "Microsoft relies on the fact that its communication protocols are technologically innovative and are covered by intellectual-property rights ... [the company] had designed its Windows server operating systems from the outset to interoperate with non-Microsoft server operating systems"

237 comments

  1. Why the complaints? by liliafan · · Score: 5, Insightful
    "Microsoft had designed its Windows server operating systems from the outset to interoperate with non-Microsoft server operating systems,"


    If this is the case why are they complaining so much about documenting the protocols that would allow non-Microsoft software to interoperate?

    A lot of people don't agree with the EU anti-trust, personally I think the EU is succeeding where the US anti-trust cases failed, they are actually punishing M$, hopefully, Microsoft will learn a lesson this time around.....I doubt they will though.
    --
    GeekServ Unix Consulting Services (http://www.geekserv.com)
    1. Re:Why the complaints? by symbolic · · Score: 2, Insightful

      I personally think the EU case is a well-deserved and long overdue slap. We saw the overall effect of the Anti-competitive ruling- which, for all intents and purposes, accomplished very little. The EU's requirement should have been part of the US settlement from the very outset.

      In my opinion, you can't dominate a marketplace and expect to do bsuiness as you please...it's just too risky - especially when you consider that the medium in question is a huge part of the technical infrastructure.

    2. Re:Why the complaints? by erroneus · · Score: 4, Insightful

      The interaction only goes one way. And strangely, few if any complaints about that from the vendors whose territory they trample.

      Seems all of their own interoperability is for the purpose of migration [to Windows], not for peaceful cohabitation in a mixed computing environment.

    3. Re:Why the complaints? by babbling · · Score: 2, Funny

      I just can't believe they appealed...

    4. Re:Why the complaints? by suv4x4 · · Score: 1, Insightful

      "Microsoft will learn a lesson this time around.....I doubt they will though."

      It'll teach them all right. That if you become wildly successful, you'll be undoubtedly sued as hell.

    5. Re:Why the complaints? by Leon_Trotsky · · Score: 3, Interesting
      I can believe they appealed - I would be more surprised if they didn't.

      I just can't believe they are using the "shouldn't be penalized for becoming successful in a marketplace" argument.

      I have a monopoly on product X, therefore I should be allowed to let it continue to inflict pain and damage. This is a defense?

      --
      Ohhh! Pay Dirt! A pair of half-eaten choco-pants!
    6. Re:Why the complaints? by IamGarageGuy+2 · · Score: 1

      It is well known that these suits don't have any effct on MS business practices. From a money standpoint, it is almost impossible to fine them enough that it is worth their while to comply. The lawsuits take years, at which time the tech will become obsolete, all the while there is an obscene amount of cash coming in that can pay any lawsuits that have been brought forth in the past. I don't have the answer to stopping shady business practices like this but realize that it hurts the creativity of companies that try to compete. Why would I ever compete against a company that uses these practices as opposed to just starting widget company that has nothing to do with their market.

      --
      Stay tuned for new sig...
    7. Re:Why the complaints? by babbling · · Score: 1

      I was joking. They'll always appeal, unless they settle.

    8. Re:Why the complaints? by Anonymous Coward · · Score: 0

      what third party services does Windows operate offer support for? NFS (its NFS Client and SFU are a joke)? SSH? CUPS? AFP? WebDAV (again, weak support)?

      that statement should have been laughed out of court.

    9. Re:Why the complaints? by Blinocac200sx · · Score: 1, Insightful

      What exactly has Microsoft done that they need to be punished for? They build a product, if other products don't work with it too bad. Sure their product sucks, and people should switch to linux. But what has Microsoft done that violates the principles of freemarket. Should Chevrolet be punished because I can't plug a Ford ECU into a Silverado and expect it to work? Should What about the fact that I can't load a .308 round into my Mosin Nagant. How bout the fact that I can't plug my cable line into my dish box? Why are we singling out Microsoft?

    10. Re:Why the complaints? by LordOfTheNoobs · · Score: 1
      If this is the case why are they complaining so much about documenting the protocols that would allow non-Microsoft software to interoperate?

      Because they see interoperability as their operating system being able to communicate using the enemy protocols, while maintaining their own protocols for their own use. Their interoperability is Unix Services For Windows, but not SAMBA.

      People should have open standards. Just it should only be those other people, so that we can control our market and who can interact with us.

      I believe the word is `hypocrite'.

      --
      They're there affecting their effect.
    11. Re:Why the complaints? by Sassinak · · Score: 5, Insightful

      Because, as you just pointed out... Ford doesn't own the entire market. If you change to Chevy, or GM, or any other vehicle, you loose nothing. (Except for any backlog of parts and knowledge specific to the product that you may have). And that is a cost that you will have to decide is worth it or not.

      Ford does not (and can't really) use its leverage to make the auto parts manufactures to produce only parts for them and not anyone else.

      Ford can't basically tell you... "Drive us, or you will have to walk".

      If company A switches from windows to something else, (assuming they will unhook the leash to do so... stockholm syndrome comes to mind.), depending on their industry, they may not be able to function... this is not entirely due to the classic arguement of "no applications"..

      The long and short of it is that Micro$haft is being "singled out" (as you say) because of what they have done in the industry, not their size. You don't cage the gorilla for being 500lbs; but if he smacks everything that comes within 50 feet to death, and prevents any little gorillas from being born... I'm pretty sure you want a wall between him and you.

      --
      God made the Idiot for practice, and then He made the School Board -- Mark Twain Look for http://Thebar.steelbeachca
    12. Re:Why the complaints? by DerWulf · · Score: 1, Troll

      Do you even know what monopoly means? I doubt it.

      What kind of pain are they inflicting and on whom? Same question for damage.

      --

      ___
      No power in the 'verse can stop me
    13. Re:Why the complaints? by DerWulf · · Score: 1

      I really don't want use a car anaolgy, you know. It might make the whole case against MS seem even more ridiculous. Just think about how easy it is to "install" the air condition you previously had in your Ford into a BMW. Open standards? There are very close to zero in the car industry (tires and a while back radios, I think thats it).

      --

      ___
      No power in the 'verse can stop me
    14. Re:Why the complaints? by sconeu · · Score: 3, Funny

      It means I own both Boardwalk and Park Place :-)

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    15. Re:Why the complaints? by sumdumass · · Score: 1

      Actualy it the lesson is that if you become wildly successful by doing some of the tactics microsoft did (wich is questionably legal) you'll be undoubtedly sued as hell.

      This antitrust isn't about being successful, It is about being successful by cheating and underhanded tricks. It is about abusing a monopoly psoition to squelch any competition that could be better for the consumers.

    16. Re:Why the complaints? by Anonymous Coward · · Score: 0

      Do you even know what monopoly means? I doubt it.

      What kind of pain are they inflicting and on whom? Same question for damage.



      Read up a bit and learn yourself before critisizing others...

    17. Re:Why the complaints? by Grishnakh · · Score: 1

      This analogy is really worn out.

      Why would you want to install a Ford A/C system into a BMW? Most cars these days come with A/C already installed, so it's a non-issue. If you really wanted to, I'm sure it'd be possible to fabricate some special mounting brackets and mount a Ford A/C compressor on your BMW engine, and then make some special hoses to connect it. But it'd be a lot easier to just buy a reconditioned BMW compressor or a used one from a junkyard.

      Open standards aren't very big in the auto industry because there simply isn't much demand for them. Most people don't modify their cars, or install much aftermarket equipment in them. For people that do, they usually get stuff that's designed specifically for their car, instead of universal stuff. There are some standards, such as tire sizes as you mentioned, and also 12V power outlets which people use for cellphone chargers and other accessories. And when people want more expensive features, they usually just buy a whole new car.

      Besides, if cars were designed so that many parts and systems were completely interchangeable between both brands and models, 1) some things would stagnate because companies would want to stick to standards instead of improving those things, and 2) many things would not be optimized: imagine how much it'd suck if your $60k sports car came with some crappy low-performing suspension components because that's what other companies wanted to use on their econoboxes.

      It would be nice if there was a little more standardization on various parts, such as filters (why does there need to be hundreds of sizes of oil filters, instead of a small number to cover various engine sizes?), but automakers just don't seem to have much incentive to do this, especially when they make huge profits with dealership service departments and overpriced factory OEM parts which most people are happy to buy.

    18. Re:Why the complaints? by Leon_Trotsky · · Score: 1
      Why do you doubt it? What insight into what I know have you gained by my post? If you are going to insult me, please include an explanation. Are you saying that Microsoft doesn't have a monopoly?

      from http://en.wikipedia.org/wiki/Monopoly: Industries which are dominated by a single firm may allow the firm to act as a near-monopoly or "de facto monopoly", a practice known in economics as monopolistic competition. Common historical examples arguably include corporations such as Microsoft and Standard Oil (Standard's market share of refining was 64% in competition with over 100 other refiners at the time of the trial that resulted in the government-forced breakup). Practices which these entities may be accused of include dumping products below cost to harm competitors, creating tying arrangements between their products, and other practices regulated under antitrust law.

      What kind of pain are they inflicting and on whom?

      Everything from virii (damage) to windows apps constantly stealing focus (pain). I could go on but you really don't need to do much research to find examples of this, if necessary, I'll let others fill in here. -p

      --
      Ohhh! Pay Dirt! A pair of half-eaten choco-pants!
    19. Re:Why the complaints? by Chowderbags · · Score: 1

      If it's really that bad, couldn't the EU put an injunction on MS and force them to stop selling their products in the EU. Yeah, it's not ideal, but it would hurt MS enough to stop dragging their feet, especially if people got sick of waiting and started to move to Linux.

    20. Re:Why the complaints? by suv4x4 · · Score: 1

      "This antitrust isn't about being successful, It is about being successful by cheating and underhanded tricks. It is about abusing a monopoly psoition to squelch any competition that could be better for the consumers."

      You can save me that same old, you know. Last time they sued them for having WMP in Windows. All other OS come with some sort of media player.

      Yes the result is it becomes pretty much a standard, since it comes with the OS. Should Windows be sold as a bare OS without any multimedia functionality because it's the top OS on the marker, while the rest bundle tons of crap inside?

    21. Re:Why the complaints? by DoofusOfDeath · · Score: 1
      Ford can't basically tell you... "Drive us, or you will have to walk".
      Actually, it does say that to its employees. (Maybe it was GM, but regardless...)
    22. Re:Why the complaints? by Luctius · · Score: 1

      >>Should Windows be sold as a bare OS without any multimedia functionality because it's the top OS on the marker, while the rest bundle tons of crap inside?

      Well yes, or they could ship it with other media players and browsers offcourse.
      Oh how unfair it must be for them, not to be able to ship it with their player, and their player only...

    23. Re:Why the complaints? by sumdumass · · Score: 2, Insightful

      If you look at the histroical prograssion of the situation, yes.

      You see, microsoft didn't care one bit about multimedia or even the internet at one time. All they wanted to do was make it so you bought thier product because you used it at work. Windows 95 didn't even have a "media player" or web browser at first.

      Alot of third party companies came along and said lets do this and fill this niche in the market(for whatever reason). This is either internet, multimedia or whatever else. Microsoft vreated an addon product that you purchased in the store to compete with these other companies. Eventualy they started loosing sales on the addon product and decided to include them in windows releases. Now nothing is wrong with this so far. The probelm comes around when these other parties had contract to get thier software installed in new systems and microsoft made that impossible. I'm not saying impossible because they added thier stuff, impossible because contract with microsoft's OEM forbid it or made the OEM licenses cost more money. They even at one time threatend One of the BIG OEMs to stop selling OEMS entirly if they didn't switch to the per proccesor model of licensing.

      At this time OS2 was actualy a better operating system for mutimedia but was getting forced out of the markets because of microsoft's actions, Their pricing scheeme, and other mistakes made by managment. Netscap was actualy a far superior browser then IE at this time too. It had more feature, Was already doing the voice chat/phone over dialup(cool talk and watchdog). It had quite a few other feature that people are only now seeing come to market in a usable manor. Stuff that shoudl have been around and working in the late 90's.

      Now with the stuff built into windows as well as OEMs in an already tight market being forbiden to install third party software that might compete with microsoft, This creates the problem we are trying to fix.

      Now I don't think the answer is remove them completley. It is open thier API up and let third party developers completly replace the software with thier own if that is the consumer's wish. When a third party web browser is installed let it have the ability to do everything IE does. There is no real reason that help and support has to use IE outside the hint of "if you would have stuck with using microsoft's product you wouldn't have broken your computer"

    24. Re:Why the complaints? by DerWulf · · Score: 0, Troll

      Mono means ONE. Not two, not three, just one. IF micrsoft really was the sole supplier of operating systems, which is really not the case, you'd be right in calling them a monopoly. In reality, though, there are countless "rival" operating systems for the desktop, the bulk of which are *free*. Still, an overwhelming number of people chooses to buy Windows. Microsofts point about not being punished for success still stands.

      Are people at Microsoft writing viruses? Are they instructing people to NOT use AV? Are they telling people to download shady software from untrusted sources? Are they insisting you log-on as Administrator to do every day tasks like browsing the web and reading emails?
      Yes, Windows has security flaws. Just as every software ever written. Want to compare Windows to the real world? Did you know that standard doors and locks can not withstand any serious attempt to break in? If the same number of attacks that happen to computers would happen to houses, chances are your laptop would just have been stolen today while you were at work. What you demand is a fortress when all MS has to offer is a normal house. It's certainly not unreasonably of you to want to be secure. What is unreasonable is to put the blame for an internet full of criminals (the hackers) on Microsoft. Could Windows do a better job at security? Absolutely. Is Microsoft to blame if you catch the latest Sober/MyLove etc? Certainly not. Just as the producer of your door and lock is not to blame if criminals clear out your stuff.

      Regarding the pain: if you don't like a product, in example when the beeping your car does when not buckeling up causes you pain, you are free to not buy it.

      --

      ___
      No power in the 'verse can stop me
    25. Re:Why the complaints? by DerWulf · · Score: 1

      hmm, maybe Uncle Tom hasn't much use for open standards in Windows either. I'd be very glad if Microsoft would be judged by the same standards everybody uses to judge the auto-industry.

      --

      ___
      No power in the 'verse can stop me
    26. Re:Why the complaints? by Grishnakh · · Score: 1

      Maybe this is news to you, but no one in the auto industry has been found to have a monopoly. When you have a monopoly, THE RULES CHANGE. You don't get to compete the same way normal companies do. If you don't like this, then tough; lobby your lawmakers to change the system.

      It's unbelievable how many people here are ignorant (probably willfully) of monopoly laws. It's not rocket science. Or maybe people like you are just MS astroturfers.

    27. Re:Why the complaints? by WurdBendur · · Score: 1

      I hold in my hand a really big stick. Much as Windows has been designed to interoperate with non-Microsoft systems, this stick has been disigned from the onset to interoperate with people's faces. *demonstrates*

      --
      SCISNE? ANUS SIMIAE!
    28. Re:Why the complaints? by strider44 · · Score: 1

      Sheesh why don't you actually read about what Microsoft are being punished for rather than spout some useless straw man crap? They aren't being punished for being a monopoly (and yes . They are being punished for anticompetitive behavior, i.e. using their operating system to try and destroy competitors from other fields of software by only allowing Windows to play with Microsoft software. Why don't you look up Antitrust and find out what it means?

    29. Re:Why the complaints? by paedobear · · Score: 1

      Windows has had a media player bundled since Windows 3.1 (it was added in the multimedia upgrade pack for Windows 3.0) - they've been worried about media support since AT LEAST the earliest demos of Apple Quicktime. They were, however, famously late to the Internet revolution. 1/2 isn't bad, I guess.

    30. Re:Why the complaints? by NoOneInParticular · · Score: 1
      The suit wasn't just about bundling the WMP. What also came bundled with WMP were the Microsoft codecs (not generally available) and a business strategy devoted to making sure that electronic releases of content would be released for these codecs only. The EU decided that Microsoft was leveraging its monopoly in the OS market to obtain a monopoly in the electronic movie and music distribution business. If all content is distributed in Microsoft owned (copyright + patent) formats, yet another monopoly is born.

      It wasn't about WMP, it was about formats. Forcing MS to open up its formats as a punishment doesn't sound too ridiculous to me.

    31. Re:Why the complaints? by richlv · · Score: 1

      unless your country has radically different defintion of monopoly, i suggest reading laws that regulate these things.
      here, in some sectors (banking) company can be considered for extensive monitoring and anti-monopoly measures if it's marketshare is bigger than 40%. i'm sure there is no sector where more than 90% isn't considered a monopoly from legal view.

      --
      Rich
    32. Re:Why the complaints? by DerWulf · · Score: 0, Troll

      It's really funny to watch. It's like arguing the merits of anti-drug laws. You'd be the one inisting I look up the the law that says people in possesion of dope are criminals -> QED.

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      ___
      No power in the 'verse can stop me
    33. Re:Why the complaints? by DerWulf · · Score: 1

      However, they were found to be guilty of abusing their marketpower eventhough they only did what's common place in the auto industry, RE: making it impossible to integrate a third party [browser|air conditioner] into their [operating system|car].

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      No power in the 'verse can stop me
    34. Re:Why the complaints? by Decaff · · Score: 1

      However, they were found to be guilty of abusing their marketpower eventhough they only did what's common place in the auto industry, RE: making it impossible to integrate a third party [browser|air conditioner] into their [operating system|car].

      Yes, because they are a monopoly.

    35. Re:Why the complaints? by DerWulf · · Score: 1

      So they are in anti-trust violation because they did things that are illegal when you are in anti-trust violation? Nice going. MONOpoly, not so much.

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      No power in the 'verse can stop me
    36. Re:Why the complaints? by DerWulf · · Score: 1

      RE: Troll moderation. I really wonder how I could get to excellent karma with my opinions on this website. Finally, the day of reckoning is here. At least nobody pretents that this is a site for debate anymore, where presentation of an opionion gets moderated instead of the opinion itself.

      --

      ___
      No power in the 'verse can stop me
    37. Re:Why the complaints? by Grishnakh · · Score: 1

      You're a moron. "Monopoly" only means that you have a certain marketshare (like 85 or 90%). Stop astroturfing.

    38. Re:Why the complaints? by DerWulf · · Score: 1

      Calling a company that hasn't got a 100% marketshare a monopoly is plain wrong. It's also evil because the users of this 85%-truth speculate that some of the negative feelings associated with the word "monopoly" rub onto the company so falsly accused.

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      ___
      No power in the 'verse can stop me
    39. Re:Why the complaints? by Decaff · · Score: 1

      Calling a company that hasn't got a 100% marketshare a monopoly is plain wrong. It's also evil because the users of this 85%-truth speculate that some of the negative feelings associated with the word "monopoly" rub onto the company so falsly accused.

      There is nothing evil about being a monopoly. There need be no negative feelings about it. However, a monopoly has legal responsibilities. What is wrong is a company that has a monopoly (or "de facto" monopoly, which is when a company has sufficient strength to dominate the market even without 100% of that market) using tht dominance to control purchases in another market. This includes trying to use dominance in personal computer operating systems to encourage purchases of server systems, or to try and dominate multimedia systems. This is unquestionably what Microsoft are trying to do.

    40. Re:Why the complaints? by Decaff · · Score: 1

      RE: Troll moderation. I really wonder how I could get to excellent karma with my opinions on this website. Finally, the day of reckoning is here. At least nobody pretents that this is a site for debate anymore, where presentation of an opionion gets moderated instead of the opinion itself.

      You get good karma here by presenting reasoned arguments. I have opinions that are probably radically different from the majority of Slashdotters, but I try and support those opinions with examples and debate. Simply doing what you do and stating 'Microsoft aren't a monopoly' isn't enough. You should try and provide historical examples or legal backing for your view.

    41. Re:Why the complaints? by DerWulf · · Score: 1

      did they use there alledged position of power or is it simply the better product (winxp server)? How could you (or a judge) tell the difference?

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      No power in the 'verse can stop me
    42. Re:Why the complaints? by DerWulf · · Score: 1

      I'm arguing semantics. Maybe I was assuming to much, but I thought it was plain as day to everyone that Windows isn't the only operating system available. Despite this fact, stating that MS IS a monopoly without backing it up will never net you a troll moderation here.

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      No power in the 'verse can stop me
    43. Re:Why the complaints? by Grishnakh · · Score: 1

      You are a complete moron. Go read about anti-trust law sometime and come back when you're educated.

      What an idiot.

    44. Re:Why the complaints? by Decaff · · Score: 1

      Maybe I was assuming to much, but I thought it was plain as day to everyone that Windows isn't the only operating system available.

      Doesn't matter. What matters is the market share and how that share is used. This is why there is nothing intrinsically bad about a de-facto monopoly - it can in principle be achieved by quality. (Personally though, I think that much of Windows success is due to bundling with hardware).

      Microsoft truly have a de-facto monopoly, and other systems are somewhat excluded, if only because hardware makers work with Microsoft to help their software run better.

      But anyway, what matters is how you 'use' this powerful position even if it is achieved through merit.

      Despite this fact, stating that MS IS a monopoly without backing it up will never net you a troll moderation here.

      I suspect this is true!

    45. Re:Why the complaints? by Decaff · · Score: 1

      did they use there alledged position of power or is it simply the better product (winxp server)? How could you (or a judge) tell the difference?

      Ah, but you don't need to tell the difference! The quality of the Windows server system is irrelevant - what matters is that (allegedly) competing server systems can't even attempt to provide equivalent quality services to Windows clients because Microsoft is not revealing the protocols that the clients require. This gives Windows servers unfair leverage in the market. This is the key point - by having dominance in one market (desktops), Microsoft apparently has an automatic advantage in another (servers). By opening up the protocols, other server systems can compete equally to provide services to Windows clients.

      Do you see?

    46. Re:Why the complaints? by DerWulf · · Score: 1

      You know, I'm arguing about how useful and justfied a certain law/verdict is. You just keep pointing me to that same law. It's like the cycle of stupidity: Here, I think this law sucks and X shouldn't be called a Y. You: hurr hurr, moron, read the law that says X is indeed an Y. I wonder whos really the idiot.

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      No power in the 'verse can stop me
    47. Re:Why the complaints? by DerWulf · · Score: 1

      I really wonder what protocol(s) this is supposed to be. Are they talking about Remote Desktop? Thinking about the IT at work, this would be the only service that comes to mind that really is Windows specific.

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      No power in the 'verse can stop me
    48. Re:Why the complaints? by Decaff · · Score: 1

      I really wonder what protocol(s) this is supposed to be. Are they talking about Remote Desktop? Thinking about the IT at work, this would be the only service that comes to mind that really is Windows specific.

      It is all kinds of things! Just to take one example - Samba provides file sharing based on Windows protocols, but it can't do this based on any documentation, as Microsoft has not released any - it has reverse-engineered protocols based on analysis of network traffic. This seems to work well, but it is not guaranteed to work, and not guaranteed to be efficient, as Microsoft could change it without notice. There are also protocols for Office applications to talk to server systems to allow collaboration software to work; and there are probably various protocols for authentication systems.

      Can you now see the problem?

    49. Re:Why the complaints? by Grishnakh · · Score: 1

      The law's been around a lot longer than either of us, and comes from the days when there were a lot of predatory monopolies. It's not a bad law. What kind of moron would think that a monopoly should only be a company with 100% marketshare? With that kind of stupid logic, Standard Oil could have made sure that there was a single "Jim Bob's Gas Station" in Nowhere, KS, just so they could claim that they "only" have 99.9999% marketshare, and not a full 100.

      Admit it, you're just an MS astroturfer. Maybe if MS made sure you spent all your time actually writing and debugging code instead of astroturfing, their software would be better.

  2. Yeah. by cbiltcliffe · · Score: 0, Troll

    Slammer and Blaster will hammer Sun and Linux servers just as much as Windows servers when installed on a Windows machine! :)

    Seriously, though....wasn't it server<->desktop protocols that the EU wanted, rather than server<->server?

    --
    "City hall" in German is "Rathaus" Kinda explains a few things......
    1. Re:Yeah. by MSFanBoi2 · · Score: 4, Insightful

      The best thing is both blaster and slammer had fixes released well before the worms hit.

      It's most assuredly not Microsoft's fault that people don't patch.

      And any fool who says Linux or MacOS X don't need to be patched, are just that, fools.

    2. Re:Yeah. by Firehed · · Score: 2, Interesting
      And any fool who says Linux or MacOS X don't need to be patched, are just that, fools.
      Thankfully, most of the userbase for those OSs aren't as foolish as your typical Windows one. If Joe Consumer stopped being an idiot on the computer, viruses would just die off because there's be no point (not that most viruses have a point to start). My computer's behind a hardware firewall (read: cheap router) and I don't even view any emails sent by morons, and it works infinitely better than most people who are loading up on the AV software.

      Computer viruses are like AIDS, not colds - you have to do something stupid/irresponsible/etc to get them, just being exposed generally isn't a problem. I mean, it doesn't apply to 100% of viruses, but not opening that freeporn.html.exe attachment would prevent 99% of what's out there.

      --
      How are sites slashdotted when nobody reads TFAs?
    3. Re:Yeah. by Overly+Critical+Guy · · Score: 1

      And any fool who says Linux or MacOS X don't need to be patched, are just that, fools.

      Uh, Linux and OS X didn't need to be patched to fix RPC exploit worms that rebooted two-thirds of the world's computers, or database server worms that gave SQL Server the dubious distinction of being the platform for the fastest spreading worm in history. It's not foolish to say OS X and Linux have not needed such patches; it's truthful.

      There are plenty more holes in Windows that aren't patched yet, most of them in IE, and most of them critical.

      --
      "Sufferin' succotash."
    4. Re:Yeah. by MSFanBoi2 · · Score: 1

      You won't hear any arguement from me that the average linux user is more computer savy than the typical Windows user. I will argue tht the average Mac user isn't any more computer savy than the average Windows user though.

      I 100% agree that if Joe Consumer wasn't an idiot wanting his pr0n fix, the world would be a lot better place.
      My primary home system is a Windows XP Sp2 box dual booting with Vista. Neither has AV on it, neither has any anti-spyware software on it, because I'm not a computer idiot and know safe and unsafe things to do, and I also keep my computer up to date.

      I guess my main issue is with the Linux or Mac folks love to toss stones at Microsoft when a patch is relased or what not, but those Linux people are running the latest kernels with all the goodies, and the OS X folks paid 129 bucks time and time again to make sure they have the latest and greatest, not to mention downloading 30-40 MB security rollups without batting an eye claiming Apple was first to market with an Autoupdate feature without realizing Microsoft has been there for a long long time...

    5. Re:Yeah. by TheRaven64 · · Score: 3, Insightful
      It's most assuredly not Microsoft's fault that people don't patch

      It is, at least partially. Microsoft had (have?) a habit of releasing 'new features' with security patches. This meant that the security patches needed careful testing before deployment, since the new features often came free with new bugs that could break existing software. For most other operating systems, the security updates are just that; security updates. If you install a security update for OS X/FreeBSD/whatever, the only things that it should break are programs that made use of the insecurity that is fixed (and you probably want these to break, rather than being exploited, anyway). On Windows, it can be a game of Russian Roulette to patch a running server.

      --
      I am TheRaven on Soylent News
    6. Re:Yeah. by MSFanBoi2 · · Score: 2, Insightful

      No, but Linux and MacOS X have had to be patched for other reasons, some serious, some not. Just like Windows.

      The damn SQL worm had a fix for I believe six full months before the worm hit. Not to mention, if the administrators of said SQL boxes followed STANDARD SECURITY PRACTICES, the worm would have had no impact at all.

      There are plenty of holes in Linux and MacOS X too, some of them in browsers, some of them in other places, some of them critical, some of them not so critical. Just what point was it you were trying to make...

    7. Re:Yeah. by cyber-vandal · · Score: 1

      Browsing to 0wned websites with IE on anything other than XP SP2 will allow that 0wned website to put whatever it likes on your PC unless you're tech-savvy enough to know to change the default behaviour. That is most assuredly Microsoft's fault since they have given any scumbag a wide open door to any PC that doesn't have a well-read admin (that would be most of them). Now if you nerds would go wash and actually meet ordinary people occasionally you'd know that not being computer-savvy in no way makes you stupid, and since Microsoft has done its level best to hide any scary complexity from its users without actually making anything secure until it got too ludicrous to ignore the problems any longer, and given that this is the largest software company in the world who can and do give their users whatever they feel like releasing, it's an absolute scandal that it took until 2003 to fix some very obvious flaws.
      God I hate holier than thou IT assholes, I know so many bright people who freeze in front of a computer, and I've met some utter dumbasses who think that because they know the bash shell that they're some kind of god. Lose weight, get some dress sense, wash every day and take some lessons in social skills for god sake.

    8. Re:Yeah. by MSFanBoi2 · · Score: 1

      Um, this only stopped (other than SP2 for XP and SP1 for 2003, which was clearly announced well ahead of time) way back in SP1 for Windows 2000 Server (July 31, 2000)...

    9. Re:Yeah. by 99BottlesOfBeerInMyF · · Score: 1

      The best thing is both blaster and slammer had fixes released well before the worms hit.

      ...for some versions of Windows that allowed most software to work on those versions.

      RPC should never have been running and exposed on a desktop OS in the first place. Basically no services should be running and exposed on a default install of a desktop OS.

      It's most assuredly not Microsoft's fault that people don't patch.

      For the most part I agree, but MS has a pretty awful track record of issuing patches that break things and change other parts of the system, unrelated to the security hole. They also have a pretty unmanageable system of patches, which often leaves even seasoned admins wondering what patches in what order need to be installed for a given set of functionality to work.

      And any fool who says Linux or MacOS X don't need to be patched, are just that, fools.

      Of course every OS will have bugs that should be patched. That does not mean every OS is likely to have trivial remote exploits granting full access as often as it does not. It also does not imply that they make the same, basic architectural mistakes that lead to such a preponderance of vulnerabilities. No one with a clue would argue that Windows takes security seriously or even that it manages to do it as well as the average OS. Sorry, it's just the facts of life.

    10. Re:Yeah. by zsau · · Score: 1

      I don't know that GNU/Linux distributions are immune from that problem. I'm using Debian; as far as I know, I can either use incredibly out-of-date packages in Debian Stable, or use Unstable or Testing and get a huge number of (potentially breaking but usually at least interface-changing) package updates along with any security fix. This annoys me and makes me less likely to upgrade.

      And just as much as server maintainers don't patch, it's people on their desktops.

      (I could be wrong with my characterisation of GNU/Linux as being either out-of-date+stable or reasonably-recent+changing. If I am, I'd like not to be.)

      --
      Look out!
    11. Re:Yeah. by Firehed · · Score: 1
      There's a difference between freezing in front of a computer and, as a result, admitting you're clueless and randomly clicking crap in a vein effort to fake knowledge and in turn ruining the thing. I have no problem with the former, but most people I know are the latter. Common sense could go a long way, even if it won't deal with browser exploits.

      And of course, I have no problems being given life lessons by someone with a /. number that's eight hundred thousand below mine. I'll be sure to lose some weight, as clearly my near-anorexic appearance is holding back my social life.

      --
      How are sites slashdotted when nobody reads TFAs?
    12. Re:Yeah. by drsmithy · · Score: 1
      Uh, Linux and OS X didn't need to be patched to fix RPC exploit worms that rebooted two-thirds of the world's computers, or database server worms that gave SQL Server the dubious distinction of being the platform for the fastest spreading worm in history.

      Mainly because Linux and OS X - combined - still only represent around 1 in every 20-odd computers.

      Even a "perfect storm" of Linux or OS X worms wouldn't have anything close to the impact of a relatively low-key Windows worm. There's simply not enough machines running either of them out there for it to spread especially fast or hit especially hard.

      There have been *serious* flaws in OS X and Linux that have been patched since their release (more for Linux, obviously, since it's been around longer). Don't kid yourself otherwise. The reason these flaws have little noticable impact is because, relatively speaking, OS X and Linux have next to zero internet presence.

      Try dropping a completely unpatched, default install of Redhat 7.x, 8.x or 9.x on a fast internet connection and see how long it lasts.

    13. Re:Yeah. by cafard · · Score: 1

      Now if you nerds would go wash and actually meet ordinary people occasionally you'd know that not being computer-savvy in no way makes you stupid. [...] Lose weight, get some dress sense, wash every day and take some lessons in social skills for god sake.


      And maybe if you followed your own preaching, you'd take some lessons in social skills and avoid labelling computer-savvy people as fat, dirty, badly-dressed single men. Grand mastery of social skills indeed, talk about holier-than-thou attitude...

      --
      This post is awesome.
    14. Re:Yeah. by TheRaven64 · · Score: 1
      I haven't lived in Linux-land for a while, but in FreeBSD-land there are three branches for any major release. The -RELEASE branch is the version of the code that was forked for a given release, with any security/bug fixes applied. The -STABLE branch has other patches applied that add new features, but have undergone testing. The -CURRENT branch has untested features in it.

      If you are running a production server, you will track the -RELEASE branch, and get any security updates you need, but nothing that will break the system. You should track the -STABLE branch on a non-production system, to ensure that your applications are tested fully on what will become the next release, and only run -CURRENT if you are a developer (or someone interested in filing a lot of bug reports).

      --
      I am TheRaven on Soylent News
    15. Re:Yeah. by cyber-vandal · · Score: 1

      Don't abuse my family, friends and work colleagues if you don't want me to get abusive in return. The problems with Windows are Microsoft's fault, not theirs, and I notice you've completely avoided addressing my point about their poor design decisions and skipped to the blame the user position again. My Slashdot user number is irrelevant, I was in IT for a very long time and obviously I've been reading tech web sites for information and hints. Doesn't mean I haven't lived a very full life. Plus giving shit to dorks like you is entertaining.

  3. Let me be the first to say by ats-tech · · Score: 1, Informative

    "Microsoft To Appeal EU Decision"

    Well duh.

    1. Re:Let me be the first to say by MustardMan · · Score: 1

      No kidding. The first thing to pop into my head was this...

      "This just in, convicted murderer on death row to appeal sentence."

      of COURSE they're going to appeal - when you have that much money for lawyers why wouldn't you?

  4. Interoperable my... by GundamFan · · Score: 1

    I'm sorry but MS calls what the do interoperability? It's more like "make the other guy make it work and then break it occasonaly" honestly.

    --
    I don't give a damn for a man that can only spell a word one way.
    Mark Twain
    1. Re:Interoperable my... by Krach42 · · Score: 1

      I'm sorry but MS calls what the do interoperability? It's more like "make the other guy make it work and then break it occasonaly" honestly.

      No, Microsoft interoperability is much similar to the way every company works. Run a battery of tests against every new version to verify that you didn't break anything.

      This of course would require them to operate machines that run Linux, Novel Netware, etc in order to test for true interoperability.

      Windows is very much a fluid target point, where the actual operation of the program is the specification itself. Or more accurately, earlier expected operation of the program. Such that in many cases there is AppCompat stuff all over the place to make sure that application blah doesn't regress its errors that it had at one point.

      I find it difficult to understand how Linux can avoid these AppCompat issues... oh wait, specs defining behavior, and if an App breaks, it's the Apps fault for using undefined behavior, and not the library/kernels fault for breaking the App.

      --

      I am unamerican, and proud of it!
  5. Sure, George by gowen · · Score: 5, Informative
    had designed its Windows server operating systems from the outset to interoperate with non-Microsoft server operating systems
    Sure. That's why SMB is so appallingly documented that the only way to re-implement it is by packet sniffing Windows clients. And why their Kerberos implementation was deliberately incompatible with everyone elses, and with the incompatibility protected as a trade secret.
    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    1. Re:Sure, George by MightyMartian · · Score: 1

      Screwing with those who wish to communicate with your operating system via your protocols is all part of INNOVATION! Abusing your monopoly position is all part of INNOVATION! Poor long suffering Microsoft, the Jesus of Software, so maligned by so many.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Sure, George by Anonymous Coward · · Score: 0

      Right, this is the same reason why thier 'unicode' implementation is shifted by one stupid byte somewhere above english so that anyone useing a non microsoft web browser to view pages written in russian with microsoft front page will need to download special microsoft specific fonts. I don't know what makes it unicode when it follows no standard other then microsofts.

  6. Design and documentation by truthsearch · · Score: 3, Insightful

    Sure, they were designed to interoperate. They just weren't documented. Or not documented well.

    Anything can interoperate with any other as long as the protocols are documented and those documents are made available.

    1. Re:Design and documentation by Anonymous Coward · · Score: 0

      Who says they have to be documented? Microsoft created them for their use only, Microsoft does not have to disclose everything to the public that's why they're called a "private enterprise" because they are just that, private. Moreover, intellectual property is anti-marxist therefore anti-slashdot, as long as someone is making money - the marxists are pissed - as long as someone is making innovations - the marxists are pissed. Slashdot can eat my capitalist shorts.

    2. Re:Design and documentation by truthsearch · · Score: 1

      Forget about RTFA, you need to RTFP! Scroll up and you'll see "[the company] had designed its Windows server operating systems from the outset to interoperate with non-Microsoft server operating systems". If they make that claim they must disclose documentation.

      And this one should be obvious: if you hate /. then don't post here.

    3. Re:Design and documentation by k12linux · · Score: 3, Insightful
      Right. Anyone can communicate in a foreign langauge as long as they take the time to learn it too. Of course if those who speak it refuse to teach someone who doesn't then good luck trying to master the langauge. The best MS outsiders can do is listen in on the conversation, try to pick out the right words and see what happens when you repeat some of them back to someone else. (With any luck you make no major mistakes and the person you are talking to doesn't become enraged and kill you.)

      MS's SMB/CIFS implementation is really not different. They refuse to teach anyone else the protocols (language) and what progress there has been was due to packet sniffing (listening in) and repeating things back that seem right to see what happens.

    4. Re:Design and documentation by MightyMartian · · Score: 1

      I'm sure MS is talking about those pitiful Unix services like LPR that they put into NT.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    5. Re:Design and documentation by Criterion · · Score: 1

      Oohhh, look. It's astroturf.

      --
      We have enough youth, how about a fountain of SMART?
    6. Re:Design and documentation by joe_plastic · · Score: 1
      I think French Cafe technique is best description of what samba did to find out what the protocol was.
      Now one problem with the "French Cafe" technique is that you can only learn words that the customers use. What if you want to learn other words? Say for example you want to learn to swear in French? You would try ordering something at the cafe, then stepping on the waiters toe or poking him in the eye when he gives you your order. As you are being kicked out you take copious notes on the words he uses.

      So you need to be more active than just a passive listening in....
  7. Frankly... by dex22 · · Score: 5, Funny

    I can't imagine Microsoft appealing to anyone... ;)

  8. Msg to those in EU by Anonymous Coward · · Score: 4, Interesting
    Write to your reps in the EU to encourage them to keep up the pressure. Don't let it drop like it did in the US. Those of us across the pond from you are still shocked that the case was won by the US DOJ after spending millions of $US then rendered ineffective by politics.


    We need open standards. We need interoperability. However, closed standards, proprietary formats, and DRM all serve to preserve marketshare by those owning the technology and serve to lock out any competition. Bid on a project and you can propose vendor A version 2000 or vendor A version 2003 or vendora A version XP.... Now that is competition, right?

    1. Re:Msg to those in EU by erroneus · · Score: 1

      More than that, maybe they should also hear from us "Americans" who were also disappointed with the recently purchased decision that allowed Microsoft to escape any and all punishment. Give me some addresses (email would be easy... hope they'll actually read it) and I'll do some writing too.

  9. Slashdot: Up to the second Microsoft news by Anonymous Coward · · Score: 0

    no other source gives you this much (useless)information

  10. Wrong argument by Anonymous Coward · · Score: 5, Insightful

    Their argument is essentially that they shouldn't be penalized for becoming successful in a marketplace

    Shouldn't that be "penalised" not "penalized" as I'm pretty sure they use English rather than American in the EU, certainally we do in my part :-)

    Anyhow it's a deliberatley misleading argument - they're not being penalised for being successful, they're being penalised for BREAKING THE LAW. They really need to understand that the EU sees them as CRIMINALS and not contributing members of society. If they don't want to be treated as criminals then they shouldn't willfully and deliberatley break the law.

    They may be attempting to appeal that decision, however for the fact remains that it's not their success that has them up in the dock, it's their illegal behaviour.

    Specifically for abusing their monopoly position to the detriment of the market - adminttedly the monoply does show they were successful but that entire argument is a fallacy.

    1. Re:Wrong argument by hyfe · · Score: 1
      They really need to understand that the EU sees them as CRIMINALS and not contributing members of society.

      You are entirely correct. Microsoft are criminals. I don't think there is any doubt over this.

      The only fundemental difference is who's getting the share the loot

      --
      "" How about taking the safety labels off everything, and let the stupidity-problem solve itself? """
    2. Re:Wrong argument by Bogtha · · Score: 4, Insightful

      Anyhow it's a deliberatley misleading argument - they're not being penalised for being successful, they're being penalised for BREAKING THE LAW.

      I wish we could punish people who spout insincere rhetoric like this by treating them as if they were being honest.

      Microsoft: "We shouldn't be punished for becoming successful."
      EU: "Okay, we agree to those terms, appeal over."
      [A month goes by.]
      Microsoft: "Why are you forcing us to comply with the original judgement?"
      EU: "Why wouldn't we? That wasn't a punishment for being successful, that was a punishment for being anticompetitive."
      Microsoft: "We appeal!"
      EU: "You already had your appeal, we agreed to your terms, remember?"

      --
      Bogtha Bogtha Bogtha
    3. Re:Wrong argument by ccady · · Score: 3, Funny

      Shouldn't that be "penalised" not "penalized" as I'm pretty sure they use English rather than American in the EU, certainally we do in my part :-)

      Anyhow it's a deliberatley misleading argument ... they shouldn't willfully and deliberatley break the law.

      Is deliberatley an English word, too? No wonder us 'merican hicks cain't git it right.

      [Just pulling your leg. Not disturbed, just amused.]

      --
      J'aime mieux les méchants que les imbéciles, parce qu'ils se reposent. -- Alexandre Dumas
    4. Re:Wrong argument by Anonymous Coward · · Score: 1, Funny

      Yeah. I think I'll go beat the crap out of Bill Gates and then argue that I shouldn't be penalised simply because I grew up to be bigger and stronger than Bill.

    5. Re:Wrong argument by Blue+Stone · · Score: 1

      Microsoft are not being penalised for becoming successful in the marketplace, they're being penalised for what they've done to the marketplace once they've become 'successful'.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    6. Re:Wrong argument by babbling · · Score: 1

      They're being penalised because they were *successful* in breaking the law.

    7. Re:Wrong argument by peterfa · · Score: 1

      They only succeed by breaking the law. So, yeah, Microsoft has a good point.

    8. Re:Wrong argument by Reality+Master+101 · · Score: 0
      Anyhow it's a deliberatley misleading argument - they're not being penalised for being successful, they're being penalised for BREAKING THE LAW. They really need to understand that the EU sees them as CRIMINALS and not contributing members of society.

      Oh, geez. Don't be naive. The EU sees them as an almost bottomless well of money that they can plunge their greedy hands into. And, oh yeah, put out that wrist so we can slap it a bit.

      --
      Sometimes it's best to just let stupid people be stupid.
    9. Re:Wrong argument by hotdiggitydawg · · Score: 1

      They're being penalised because they were *successful* in breaking the law.

      Where I come from, you're only successful if you don't get caught...

    10. Re:Wrong argument by asylumx · · Score: 1

      By Deliberatley did you mean Deliberately? http://www.answers.com/deliberately&r=67 I'm not sure you should be making an argument against their spelling when you yourself can't spell.

    11. Re:Wrong argument by soulhuntre · · Score: 1

      BREAKING THE LAW

      I love how a community that routinely advocates breaking the law because the legal system is either to political, to influence by corporate interests or to tech ignorant to be trusted suddenly gets religeon and declares a court rulign the final arbiter of all things moral.

      --
      --> Fight tyranny and repression.... read /. at -1!
    12. Re:Wrong argument by Anonymous Coward · · Score: 0

      And this is an american server providing an american service on technologies (the internet) developed by american industry.

    13. Re:Wrong argument by carrier+lost · · Score: 1


      Shouldn't that be "penalised" not "penalized"...


      Actually, that should be "penisized", beat with a wet noodle.


      MjM

    14. Re:Wrong argument by RexRhino · · Score: 1

      Yeah, but "abusing monopoly position", what the hell does that mean? That is so vauge as to be meaningless. A law like that isn't a law, it is a catch-all disclaimer to allow the government to go after any company it feels like.

      One of the things that seperates a Democracy, with a Dictatorship, is that laws are precise and followable. "Don't drive faster than 100km/hour". That is a good law. It is absolutely clear what that law means. "Don't release more than x tons of carbon per y kw energy produced". That is a good law, because it is clearly measurable and understandable what it means. It is possible to prove guilty or innocent with no ambiguity. And I immediatly know what I need to do not to get in trouble.

      How about, if the government created a law for you that said "Be a good neighbor!"? And an unelected board of officials had the power to arbitrarily declare you a "Bad Neighbor" and send you to jail? That would be a nightmare! If you are alergic to cats, do you have to watch your neighbors cat when they go on vacation? You could be accused of being a bad neighbor, but you can never tell. If your kid plays baseball in the street, and break a window, are you a criminal? What the hell does it mean to be a "good neighbor"? Could one of the members of the Good Neighbor Commission accuse you of being a bad neighbor, because your bookstore competes with his son-in-laws bookstore? Does this board have the power to order you to marry the girl you get pregnant, because that is "what a good neighbor does".

      You don't support terrorism, do you? Well, what if someone is "convicted" of "terrorism" by a secret panel of un-elected officials, based on secret evidence, and thrown in prison? (and the charges against the "convicted terrorist" were put forward by the "terrorists" buisness competitors). Would you have a problem with that, after all, the guy IS a CONVICTED TERRORIST!!! The government might not have any real definition of what a "terrorist" is, or be willing to hold a trial in a way that is transparent or accountable to the people, but the person would be a "criminal" by every definition of the word.

      In a democracy, we understand that guilty parties may be able to get away with a crime. And if we don't use fair, objective, transparent, and accountable officials to judge a clearly understandable and objective law, it doesn't matter if you "know the person is guilty", because your criminal system is not legit.

      Microsoft is not a "criminal" in reasonable sense of the word. An un-elected body, of debatable authority (the E.U. constitution that gives it power to go after vauge kinda-crimes did not pass), and with a clear bias (they want to promote European software industry over the American software industry) decided to call Microsoft a "criminal", for a law so vauge that no one knows if they are guilty or not guilty until they are convicted. Even if you feel that Microsoft are a bunch of no-good evil bastards, any reasonable person has to see some series flaws with the process.

      You don't have to like someone, or feel they are not-guilty, in order to question the system and want everyone to get a fair trial, and to realize that it won't just be Microsoft to get burned if the term "criminal" is to be thrown around to lightly, and un-democraticly.

    15. Re:Wrong argument by drsmithy · · Score: 1
      Yeah, but "abusing monopoly position", what the hell does that mean? That is so vauge as to be meaningless. A law like that isn't a law, it is a catch-all disclaimer to allow the government to go after any company it feels like.

      It's not just the "abuse" part that's vague, either. "Monopoly" is in no way formally and strictly defined, and a company really has no way of knowing that it is a monopoly until a court of law finds it to be one (at which point completely normal business practices suddenly become "monopoly abuse"),

    16. Re:Wrong argument by Anonymous Coward · · Score: 0

      ...

      33. Microsoft enjoys so much power in the market for Intel-compatible PC operating systems that if it wished to exercise this power solely in terms of price, it could charge a price for Windows substantially above that which could be charged in a competitive market. Moreover, it could do so for a significant period of time without losing an unacceptable amount of business to competitors. In other words, Microsoft enjoys monopoly power in the relevant market.

      34. Viewed together, three main facts indicate that Microsoft enjoys monopoly power. First, Microsoft's share of the market for Intel-compatible PC operating systems is extremely large and stable. Second, Microsoft's dominant market share is protected by a high barrier to entry. Third, and largely as a result of that barrier, Microsoft's customers lack a commercially viable alternative to Windows.

      ...


      Looks like a duck, quacks like a duck...

      The whole ruling of Judge Thomas Penfield Jackson is here. Please clarify how it is vague...

  11. What IP rights ? by alexhs · · Score: 3, Insightful

    the Commission's demands threaten Microsoft's intellectual-property rights.

    What intellectual property rights ? The EU Commision didn't ask for the source code (copyright), and software patents have no legal value in Europe...

    --
    I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    1. Re:What IP rights ? by truthsearch · · Score: 4, Insightful

      Communications protocols. MS claims it's their IP and they don't have to share it (as in publicly document it). But they also claim they interoperate. They think no one is smart enough to see the contradiction.

    2. Re:What IP rights ? by Anonymous Coward · · Score: 0

      I can claim a banana is my IP too, it doesn't make it so or give me legal grounds to protect it as such.

    3. Re:What IP rights ? by cortana · · Score: 2, Insightful

      Don't let them get away with such a crass generalisation. A protocol can not be patented because it is not an invention; it can not be copyrighted because it is not a creative or artistic work; it can not be a trade secret because it is disclosed when software implementing the protocol is given to someone else; and it is impossible to trademark because it's not a ... trade mark.

      Putting aside the French attempt to create a new form of Intellectual property (the DRM right), is there any other form of IP I have missed?

    4. Re:What IP rights ? by Scarblac · · Score: 1

      So why I get fined for speeding, can I argue that it's my money and I don't have to hand it over...?

      They're just whining.

      --
      I believe posters are recognized by their sig. So I made one.
    5. Re:What IP rights ? by tepples · · Score: 1

      A protocol can not be patented because it is not an invention

      It is a method/process/system of communication, just as patentable as LZW.

      it can not be a trade secret because it is disclosed when software implementing the protocol is given to someone else

      It is not disclosed-to-the-public if the software is kept confidential. Such are the terms of most EULAs.

    6. Re:What IP rights ? by sarabob · · Score: 1

      The communication protocols are disclosed during a two-way connection between client and server. Trying to use trade secret laws to protect them is impossible when it's the equivalent of publishing the *exact* ingredients and *exact* quantities of coca-cola on the tin.

    7. Re:What IP rights ? by tepples · · Score: 1

      The communication protocols are disclosed during a two-way connection between client and server.

      No, a packet log discloses a single instance of communication using the protocols, not the protocols themselves.

      Trying to use trade secret laws to protect them is impossible when it's the equivalent of publishing the *exact* ingredients and *exact* quantities of coca-cola on the tin.

      No. A packet log is more analogous to the contents of a can of Coca-Cola.

    8. Re:What IP rights ? by magetoo · · Score: 1
      What intellectual property rights ? The EU Commision didn't ask for the source code (copyright), and software patents have no legal value in Europe...
      Even without any EU directive on software patents, we might still have software patents in the member countries. Compare with federal/state law in the US, for example.
    9. Re:What IP rights ? by magetoo · · Score: 1
      Compare with federal/state law in the US, for example.
      That should be "federal versus state law", obviously. (Where's that edit function when you need it?)
    10. Re:What IP rights ? by alexhs · · Score: 1

      Software is explicitely excluded from patentability by article 52-2c of the 1973 European Patent Convention, as are games and mathematics.

      Therefore, there are no software patents in any of the member countries.

      Besides, the action MS takes is against EU as a whole, and not in a specific country of Europe.
      I'm from EU (France) and not US, and am not aware of all subtilities of the US legal system, but it would seem logical that when a case is handled by a federal court, federal law prevails state law, right ?

      Now if the European Patent Office could stop to grant software patents - against its own rules ! - that have no legal value and aren't enforceable >_< ...

      --
      I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    11. Re:What IP rights ? by magetoo · · Score: 1
      Software is explicitely excluded from patentability by article 52-2c of the 1973 European Patent Convention, as are games and mathematics. Therefore, there are no software patents in any of the member countries.
      Thanks for the link, I was not aware of that.
      But then you say:
      Now if the European Patent Office could stop to grant software patents - against its own rules ! - that have no legal value and aren't enforceable
      So which is it? :-)
      I'm from EU (France) and not US, and am not aware of all subtilities of the US legal system, but it would seem logical that when a case is handled by a federal court, federal law prevails state law, right ?
      I'm not from the US either, that was for the benefit of the (mostly US-based, I presume) majority of /. readers. What I meant was that even though there is no EU law (= federal law) saying <something>, there still might be a national law (= state law) that does...
    12. Re:What IP rights ? by paedobear · · Score: 1

      I'm not a lawyer, but: You cannot patent software in the EU. That hasn't STOPPED the EU patent office granting them, just that they're not valid (but, I assume, they'd suddenly become valid if software patents were legalised.) There are a few "software patents" granted because they were defined as a mechanical process and the software carries out the same process.

  12. Ah, I see! by gowen · · Score: 4, Insightful
    [the company] had designed its Windows server operating systems from the outset to interoperate with non-Microsoft server operating systems
    Its non-Microsoft client operating systems that they have the problem with. You can have your slice of server space, but if your alternative OS's try and pick up market share for desktop computers, then they'll do everything they can to stop you.
    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    1. Re:Ah, I see! by 99BottlesOfBeerInMyF · · Score: 2, Interesting

      Its non-Microsoft client operating systems that they have the problem with.

      Not really. MS has not been judged as having a monopoly in the server space (rightfully so, IMHO). It has been judged as having a monopoly in the desktop space. MS can tie its servers to anything it wants, except its desktop. Because it has a monopoly on the desktop it is illegal for them to tie anything to the desktop via bundling or secret protocols, because it gives them an unfair advantage in the new market (in this case servers). No one buys MS servers because they are stable, the multitask well, they are cheap, they are fast, or because they are innovative in and of themselves. Most admins will tell you how many MS servers they need compared to Linux ones and how they pretty much have to be dedicated to one application if you want them to work. People buy them because they are the only ones that work perfectly with the desktop OS for filesharing, authentication, logging, etc. via active directory and exchange.

      Not providing full and complete documentation of all interactions with the desktop client is illegal and part of the punishment for that was that they were ordered to *gasp* stop doing it. Since that judgement has been handed down MS has done everything possible sans actually obeying the courts. They've appealed. They made numerous statements to the press. They've tried to pressure the EU using both the US government and other EU politician who are *ahem* consulting for them. They've released wrong and incomplete documentation. They've offered to license the source code in such a way that it will not actually remedy the situation.

      This is what everyone expects of them because they are liars and untrustworthy criminals. This is a non-story.

  13. Confused by Billosaur · · Score: 0
    Microsoft will essentially argue that it should not have to give away its intellectual property, having spent effort and money inventing it, only because it became successful.

    Inventing it? Like Al Gore "invented" the Internet? I think Redmond has confused "stealing and obfuscating" with "inventing."

    --
    GetOuttaMySpace - The Anti-Social Network
    1. Re:Confused by Anonymous Coward · · Score: 0

      Gore never said he invented the internet, he said that as a member of congress he took the initiative in creating the internet. Which he did, five years before mosaic he was writing bills to fund the "digital highway". He knew the actual key engineers personally. So stfu.

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

      The only thing Microsoft does is distribute innovation. They purchase or copy someone else's product.
      Like music, motion pictures, retail, energy, and just about any other distribution method, the original source of the product is expected to be screwed over.

  14. Idea for /. poll by Spy+der+Mann · · Score: 1

    When will Microsoft be defeated by the EU?

    * From 1 to 6 months
    * From 6 months to a year
    * From 1 to 2 years
    * From 2 and 5 years
    * More than 5 years
    * When CowboyNeal says it will

    Place your bets, gentlemen. Place your bets.

    1. Re:Idea for /. poll by Sassinak · · Score: 1

      Sadly they won't.. Granted, the EU has an incentive to punish MS and not let them get away. but the reality is, that they will let MS slip through their fingers. MS will start the rabble complaining about the "stifling of competition" and all of the other rhetoric we've heard about MS being the good guy.. and presto... The Slippery serpent will be free to strangle yet another 20 firms (read: grow) and "innovate" (by absorption).

      This is getting old. I wish they would just tell them, "shut up and fork over the cash cookie".
      But so long as this has the chance of being a public debate, MS will win in the end..
      L'sigh.

      --
      God made the Idiot for practice, and then He made the School Board -- Mark Twain Look for http://Thebar.steelbeachca
  15. Re:market success by TheBogie · · Score: 0

    You are correct. Microsoft doesn't want to be penalized for being successful. But all EU companies are penalized for being successful in the form of overbearing taxation and unbalanced labor laws ( a la france). Why does MS expect to be treated any differently from the EU?

  16. All I can say is... by Dorsai65 · · Score: 1
    cough bullshit cough

    MS' idea of 'interoperate' is 'works when such functionality suits us, and not a moment before or after'. Personally, I hope the EU does what the U.S. Gummit should have done in the first place...

    --
    --- Asking inconvenient questions for over 30 years...
  17. Re:market success by erroneus · · Score: 5, Funny

    EXACTLY. They are "successful" at the expense of the public which makes them harmful.

    Cockroaches are "successful." Rats are "successful." Microsoft is "successful."

    (wasn't that clever of me to associate cockroaches and rats with microsoft?)

  18. Wrong argument, part 2 by everphilski · · Score: 0, Troll

    they're being penalised for BREAKING THE LAW. They really need to understand that the EU sees them as CRIMINALS and not contributing members of society

    Wrong again. Last I checked, heads of the EU didn't purchase jewels for jewel thieves or software from software pirates. However, they do purchase software and solutions from Microsoft. If they are the moral idealogues you claim them to be they should stop purchasing Microsoft software. Now.

    They do see Microsoft as a contributing member of society. Overwhelmingly so. That's why they want things opened up, to contribute more, and on a different level (contribute not just products but knowlege.)

    That, and, the big guy will always be the biggest target, be it by the little guy or the big government. A cool 2 million a day (iirc) in fines is nothing to scoff at for the EU. Probably finances a lot of hookers...

    1. Re:Wrong argument, part 2 by Anonymous Coward · · Score: 0

      Microsoft, when they were convicted are criminals, and they were convicted.

      Their behavior has been anti to the well-being of society, allowing Microsoft to prey on the market and to use their IP as a way to continue the illegal activity. That's why they were convicted and ordered to open up and document--so they couldn't continue the malicious behavior.

      Microsoft's success came through monopolistic practices that harmed competition. That's why they were convicted. They became successful because they knew their dominance in one market could allow them, through closed and undocumented crucial technologies, maintain that monopoly status and hence behavior.

      Even the governments have been caught up in it. It is nearly impossible to break away from the Windows monopoly due to software--or the lack of it in competiting products.

      Don't get me wrong. I used Linux for years and though the kernel is solid, virtually all the other pieces are weak and disorganized, bug-ridden and feature poor. But it is through this product that people have a chance, and in effect it is only a chance at another choice because it is free.

      Everyone seems to clamor to XP on the Mac. This is completely crazy. People should be demanding Apple make it's OS capable on non-Apple hardware. They have the chance to make more money selling their OS than they do selling hardware. The costs in distributing and manufacturing hardware is seriously more costly than the development, manufacturing and distribution of OS X.

      If the EU could dump the products the criminal organization sold they would.

      BTW, they do buy goods from previously convicted criminals and even some people with criminal histories have been elected to public office and other are employees of the government--this is not saying they are still criminals, though some may still be.

      The main premise of your argument is incorrect. Yes, governments do still buy from convicted criminals and still employs them. Even the US hires criminals and criminals have been elected to public office.

      What troubles me is that a convicted criminal organization in the US (Microsoft) was allowed to write bills for proposed laws in the state of Oklahoma. This is a terrifying prospect as it leaves open opportunities for companies such as Microsoft to abuse the protections of the law--similar to the way the RIAA does and gives them an "in" to write more bills, thus making private companies and citizens the lawmakers in essence.

      The very idea that you believethat Microsoft's way was the only way and the best way is behind most people's reasoning. The idea is that they used monopolistic practices and preyed on the uninformed public and raped the competition with their behavior. That competition could have and would have produced better more open products in the long run and the money would have gone to greater diversity of people as profit and as pay/benefits. We have Microsoft not because of innovation and contribution but because of criminal behavior that went unchecked for so long that it harmed the overall.

      One case in point is Microsoft's threatened implementation of Pen Windows. Pen Computing had a product that was determined to be an unmeasured success until Microsoft stated that they'd implement Pen Windows. Guess what? It only took that sort of announcement to get investors to cease investing in Pen Computing and to kill their products.

      Microsoft also stole ideas and technologies and in the end were sued sometimes losing the cases, moreoften times purchasing the companies. They knew that having those technologies in the end lead to market dominance, so they felt they could steal instead of develop. Microsoft nearly never came out with their own technologies. That means they did not innovate nor create the IP. Instead they stole it and used it to kill competition and then to seal their market dominance, and when pursued in the courts either lost their case or bought the company outright.

      Microsoft was in a pos

    2. Re:Wrong argument, part 2 by Anonymous Coward · · Score: 0

      Last I checked, heads of the EU didn't purchase jewels for jewel thieves or software from software pirates. However, they do purchase software and solutions from Microsoft.

      Gee. It's almost as if Microsoft hold a strong, almost monopolistic, position in the software industry.

      Somebody should do something about that.

  19. Let's drag this out..... by Anonymous Coward · · Score: 0

    "Nothing in the file shows that the communication protocols in relation to which Microsoft will have to disclose specifications contain innovations"

    IMHO Microsoft are just dragging this out as long as possible hoping the EU will get fed up.

  20. Someone get the EU to double or nothing by jd · · Score: 4, Interesting
    If Microsoft can show anything that is both genuinely "innovative" (and using the BSD TCP/IP stack is not innovative) and compatible with non-Windows systems (excluding Samba, as that was reverse-engineered), I'd say the EU should be willing to listen and should perhaps reduce or suspend the fine. (So that regular Slashdottians don't suffer a heart attack, I don't consider this remotely likely.)


    If Microsoft is appealing on flagarantly fraudulant grounds that lie somewhere between making false statements to a court of law, deceptive advertising, and wilful abuse of the appeals system, then the EU should seriously examine if the law would allow them to increase the fine. Doubling it would seem suitable.


    This needs to be settled, once and for all, in a way that is fair but decisive.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Someone get the EU to double or nothing by mormop · · Score: 1

      "and compatible with non-Windows systems (excluding Samba, as that was reverse-engineered),"

      From what I understand, the SMB protocol that samba works on has been around longer than Microsoft have been using it. It's another case of the embrace, extend and exclude method of "innovation" that landed MS in the courts in the first place.

      --
      Hmmmmmm..... Deep fried and look like Squirrel.
    2. Re:Someone get the EU to double or nothing by Tom · · Score: 1

      Even as a solid M$ hater, I must admit they are innovative. They just hype themselves to about 5-10 times of their actual performance. There's a few cool things coming out of Redmond every now and then. The problem is that they're overselling themselves so badly that everyone without a clue thinks they're the pinacle of the computer business - when they're more like the tail end.

      --
      Assorted stuff I do sometimes: Lemuria.org
    3. Re:Someone get the EU to double or nothing by Criterion · · Score: 1

      Oh pretty please, list some of that elusive MS innovation that you speak of so that we all may bask in it's glory. While you're at it, you could submit it here. http://www.vcnet.com/bms/departments/innovation.sh tml

      --
      We have enough youth, how about a fountain of SMART?
  21. Re:market success by Richthofen80 · · Score: 3, Insightful

    What objective standard do you intend to use? How much is 'too much'? Who gets to decide?

    The idea is you don't punish the good for being the good. That's like saying, why don't we ban the New York Yankees from baseball because they have the most talented players? I think they're hitting way more home runs than they need to.

    If I owned a farm and had a bumper crop of corn one year, should I be penalized for being successful? What if I have ten farmers, all working cooperatively? What is the demarcation line for government or anyone to step in because 'success' has been too great.

    At least with the oil companies example, people can (falsely) argue that gas is 'owned by everyone' and therefore has a 'public responsibility'. With your arguement, the ideas of Microsoft and their labor is 'owned by everybody' and therefore subject to limiting restrictions as someone sees fit.

    --
    Reason, free market capitalism, and individualism
  22. A standard practice these days. by hackwrench · · Score: 2, Insightful

    Not just Microsoft. Change the subject and pretend it was the subject all along. I've had a lot of conversations where I've had this done to me. Then there's the whole "Wondering why you're so upset for" bit, done here as "We shouldn't be penalized for being successful".

    1. Re:A standard practice these days. by Anonymous Coward · · Score: 0
      Change the subject and pretend it was the subject all along.

      It's called the straw man technique. See any Bush answer to the rare unrehearsed challenge question for an example.

  23. Re:market success by MadHatter2005 · · Score: 2, Insightful

    Just who decides when a company is successful enough? You? People just like you? And, where is the incentive for starting a company if some group can say "You're too successful, we're bringing you down!" ? I'm all for ethical business practices, but placing artificial constraints on the success of a business strikes me as extreme-left punishment for simply being the alpha-business in a particular industry.

  24. Microsoft's EU Dilemma by dueyfinster · · Score: 5, Interesting

    Microsoft uses Ireland as a base to filter billions of dollars every year (Through a wholly owned obscure subsidiary), through a solicitors office in Dublin. That office controls all license revenue from Asia, Europe and Africa. On average they contribute $50 per person per year to Irish economy, with our low corporation tax rates. The EU has FULL legislative power over this, what represents a huge chunk, if not more than 50% of MSFT's business, so unlike South Korea, Microsoft could not just leave (like they threatened to move to Canada), as most of their Intellectual Property rights are based here in Ireland. The E.U. probably holds the most power over Microsoft then any legislator in the world, its all whether they are bman enough to make Microsoft pay for their crimes.....

    --
    --- Duey Finster http://www.dueyfinster.com
  25. Re:market success by guet · · Score: 2, Insightful

    If I owned a farm and had a bumper crop of corn one year, should I be penalized for being successful? What if I have ten farmers, all working cooperatively? What is the demarcation line for government or anyone to step in because 'success' has been too great.

    The government might well decide to have a look at your business practices... If you owned a farm and attempted to buy out, intimidate, and crush your rival farmers, if you then locked down the distribution market with illegal contracts to make it very difficult for competitors to gain a foothold. Just as Microsoft has done in the software market.

    A perfectly free market would be a perfectly amoral market.

  26. polluting the technologically innovative protocols by Anonymous Coward · · Score: 1, Interesting
    "Microsoft relies on the fact that its communication protocols are technologically innovative and are covered by intellectual-property rights"
    "technologically innovative" - nonsence all you are about here is needlessly duplication open protocols so as to get locking on the entire Internet.
    "Linux can win as long as services / protocols are commodities .. By extending these protocols and developing new protocols, we can deny OSS projects entry into the market"
    Vinod Valloppillil Nov 1998

    See here where you tried to claim ownership of TCP/IP hrough the tried and
    tested method of co-mingling functionality er .. polluting the protocols.
    Blunk pointed out that Microsoft is claiming some form of IP rights over "a total of 130 protocols which Microsoft is offering for license." "Many of the listed protocols are [IETF] RFC [request for comment] documents, including but not limited to the core TCP/IP v4 and TCP/IP v6 protocol specifications," he said in his note.
    Larry J. Blunk, Merit Network Inc. Nov 2004
  27. Re:market success by Anonymous Coward · · Score: 0
    If I owned a farm and had a bumper crop of corn one year, should I be penalized for being successful?

    No. You should be penalized for destroying everyone else's corn to make yours more valuable.

  28. Re:market success by MSFanBoi2 · · Score: 1

    But that's just the EU's way of showing it's displeasure that it's not an European company in that position, they have no other way of flexing anything other than trying to make a big stink about the evil American Microsoft...

  29. Re:market success by nattt · · Score: 1

    But Microsoft are NOT in trouble for being successful - they're in trouble for HOW they achieved their success. Remember, they're a convicted illegal monopolist. They have used market domination in one field to unfairly leverage dominance in others, at the total expense of innovation and consumer benefit.

    --
    -- oldthinkers unbellyfeel ingsoc
  30. Phrase of the day by 6031769 · · Score: 2, Funny
    Microsoft relies on the fact that its communication protocols are technologically innovative

    That really is fantastic (in both senses). Microsoft have seriously outdone themselves with that one. An upside-down toilet would be technologically innovative and about as much use as one of their communication protocols. At least it made me smile.

    --
    Burns: We're building a casino!
    McAllister: Arrr. Give me 5 minutes.
  31. Re:market success by Animats · · Score: 1

    There's an objective standard of market concentration. It was used by the U. S. Department of Justice to enforce antitrust laws until Bush came in.

  32. Re:market success by JustASlashDotGuy · · Score: 4, Insightful


    I think they're making way more money than they need to. Just like gas companies. Being successful
    doesn't make it right.


    Comments like yours are the ones that the 'other side' love. Someone who doesn't have the slightest
    grasp as to what is going on and makes comments that lead everyone else to believe that you don't have
    a grasp on capitalism. The simple fact that a company makes a lot of money doesn't make them bad or
    mean that restrictions should be placed on them. The company makes what the market permits, supply
    and demand. It's not up to you to say 'they are making too much money', there's no such thing as too
    much money (legally).

    You're probably one of those people that think the rich should be taxed to death for the simple fact
    that they have more money. "You make 1 million dollars a year.. I think we should tax you to death so
    you only take on 50k a year!... that is fair in my warped concept of fair".

    * Now, to be fair... you may very well have grasp on the facts, in fact I hope you do. Your comment
    alone is what I find rediculous, however you'll prolly get mod'd up as 'insightful' based on this
    crowd.

  33. Succession of arguments: by Mateo_LeFou · · Score: 4, Interesting
    Not sure if these are in strictly chronological order, but:

    1. We shouldn't have to give out documentation because we're not a monopoly
    2. We can't give out documentation.
    3. We gave out source code; that's the same as documentation
    4. We can't figure out what exactly it is you want us to give out.
    5. We don't need to give out documentation; the stuff is already interoperable enough.
    6. We shouldn't have to give out documentation 'cause that would mean giving away our intellectual property.

    This would be hilarious if it weren't so damaging to the marketplace. Could someone point me to the part of the EU's decision where Microsoft is required to sign over its intellectual property to someone?

    --
    My turnips listen for the soft cry of your love
    1. Re:Succession of arguments: by Anonymous Coward · · Score: 0

      7. If we allowed interoperablility, people would have a choice and we wouldn't be the big, fat, ugly kid in the sandbox that doesn't want to play with anyone unless you give me some candy to be your friend.

    2. Re:Succession of arguments: by SpaceLifeForm · · Score: 1

      The last one will be: go ahead and fine us, we aren't paying,
      and what are you going to do about it?

      Then, the only solution would be to outlaw the use of Microsoft
      products.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
    3. Re:Succession of arguments: by Anonymous Coward · · Score: 0

      More like:
      6. We can't be succesful without embracing and extending.

    4. Re:Succession of arguments: by Anonymous Coward · · Score: 0

      The actual solution isn't to specifically outlow Microsoft, you caputre their EU assets to cover the fine--the effect is pretty much the same though.

    5. Re:Succession of arguments: by cyber-vandal · · Score: 1

      Which would hurt Microsoft a lot more than the EU, or can they really afford to give up a huge percentage of their profits?

    6. Re:Succession of arguments: by richlv · · Score: 1

      it's not about the profits that much.
      marketshare and a perfect place for alternatives to grow - that is the real threat to microsoft. too bad that isn't happening, if it ever got close enough, bribing everybody in sight will help every time.

      --
      Rich
    7. Re:Succession of arguments: by Carewolf · · Score: 1

      EU can always cease whatever assets they need to cover the fine. They can even ask the US to cease assets for them if there are not enough Microsoft assets inside the EU.

  34. Well... by getwhipped · · Score: 1

    Microsoft's sure not appealing to me!

    --
    get whipped (you know you like it)
  35. Re:market success by deck · · Score: 1

    You are another that is side stepping the issue with Microsoft. You can spout your version of capatalist/free-market retoric that grounds itself in the theories of capatalist/free-market economics and ignores the need for certain restraints to make those theories work. Your brand of economics endorses bullying and lawlessness as admirable qualities. Microsoft's success is rooted in immoral, unethical, and even illegal practices. Just because they are "successful" does not justify them being allowed to do what they please. Following your line of reasoning to its ultimate conclusion, organized crime should be lauded for their "success".

  36. Sucessful by Anonymous Coward · · Score: 0

    "Their argument is essentially that they shouldn't be penalized for becoming successful in a marketplace."

    No, you shouldn't be penalized for being successful; you should be penalized for using your monpoly power to extend the reach of your products. You should be penalized for violating various antitrust laws in various countries.

  37. Penalized by Anonymous Coward · · Score: 0

    Penalized is not an American word. Both forms are acceptable in Britain, the EU, or anywhere else. Look it up in the OED. (I'm a Brit by the way).

  38. Interesting business practices... by tetabiate · · Score: 1

    1. They have integrated IE so tight into Windows that removing it will cause Windows to break down.
    Who gives a duck? Netscape is dead anyway.

    2. They charge more than necessary for their products.
    No problem, a coupon day or a few vouchers will be enough to clean this.

    3. They abuse their market position and control the info on how to use the APIs to fight competition off.
    Well, just document the APIs.

    MS: Nah, that's a lot of work. Here is the source code, we hope it will give competitors a better idea than thousands of manual pages on how to improve interoperability with our applications. However, they will not be able to use this information without licensing it from us first.

    Is there a way to get something from MS without having to pay twice for it?

  39. Jesus?!?! by Savage-Rabbit · · Score: 2, Funny

    crewing with those who wish to communicate with your operating system via your protocols is all part of INNOVATION! Abusing your monopoly position is all part of INNOVATION! Poor long suffering Microsoft, the Jesus of Software, so maligned by so many.

    I don't think your, Jesus analogy will hold because Jesus' disciples were men of peace and unlike some of the people at Microsoft they would never have thrown chairs at the faithful.

    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
    1. Re:Jesus?!?! by DoctorPepper · · Score: 1

      I don't think your, Jesus analogy will hold because Jesus' disciples were men of peace and unlike some of the people at Microsoft they would never have thrown chairs at the faithful.

      At the faithful? no. But I think you should re-aquaint yourself with Matthew 21:12:

      "And Jesus entered the temple of God and drove out all who sold and bought in the temple, and he overturned the tables of the money-changers and the seats of those who sold pigeons. He said unto them, 'It is written, "My house shall be called a house of prayer"; but you make it a den of robbers.'

      Yeah, I think Jesus went Balmer on them!

      --

      No matter where you go... there you are.
    2. Re:Jesus?!?! by MightyMartian · · Score: 2, Funny
      "And Jesus entered the temple of God and drove out all who sold and bought in the temple, and he overturned the tables of the money-changers and the seats of those who sold pigeons. He said unto them, 'It is written, "My house shall be called a house of prayer"; but you make it a den of robbers.'

      Yeah, I think Jesus went Balmer on them!

      I'm going to FUCKING KILL the money-changers!
      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:Jesus?!?! by Grishnakh · · Score: 1

      I don't think your, Jesus analogy will hold because Jesus' disciples were men of peace and unlike some of the people at Microsoft they would never have thrown chairs at the faithful.

      I think you're missing the guy's point. MS is trying to paint themselves as some wonderful company that obeys the laws and doesn't hurt anyone, when in fact any idiot can see that they're an abusive monopolist. Just like how they're always screaming about innovation, when in fact they do very little innovation of their own and usually just copy. In short, they're bald-faced liars.

    4. Re:Jesus?!?! by Forbman · · Score: 1

      So, Microsoft isn't like Jesus (Linus Torvalds probably is moreso), but the Pharisees.

      Among other things, Jesus kind of said things like, you don't need to talk to a priest to talk to god, and other things that struck hard at the business model of the Pharisees and their monopoly on access to God, as well as their sucking up to the Romans.

    5. Re:Jesus?!?! by Kuscheltier · · Score: 1

      Windows is not like any of these other half-assed prophets!

      Its even better than Jesus. Windows dies for you. Over and over!

  40. then they'll fail by bobamu · · Score: 1

    the eu just loves to take forever, that's part of what makes its gravytrain so appealing to so many that work within it.

  41. Re:market success by MadHatter2005 · · Score: 1
    No, I'm not saying that the mob should be lauded for their success. The mob runs afoul of the law, so they should be punished. Microsoft, on the other hand, plays very near the line what is ethical/legal, but I don't think they intentionally cross it.

    The gist of the original comment is that too much success is bad, and behind every great fortune there is a great crime, therefore too much success=criminal activity and 'the people' should punish the successful company. Sorry, I don't buy into that theory. Businesses are free, within the confines of the law, to be as brutal as they need to be in order to out-compete their competition.

  42. Re:market success by SEMW · · Score: 0

    One of the 'features' of capitalism is that, to vastly oversimplify it, rich people become richer and poor people become poorer. Precisely the same applies to companies. If you control a majority of a market, you can leverage that control to increase your majority to close to 100%, since whatever you decide automatically becomes the industry standard if you control the industry. This is exactly what Microsoft have been doing. It is a fundamental problem with a capitalist, company-based system; but since it seems to be the best system we have, it is thus desiarable - indeed, necessary - to limit the problem. That is the purpose of antimonoply legislation.

    So you are not "punishing people from being good", you are preventing them from leveraging the position they acheived by being "good" to stifle the market. All power corrupts.

    To use your farm analogy, if you had a "bumper crop", you would not be penalised; not would you if you had ten farmers working cooperatively. But if you ended up owning the vast majority of all farms in the world, and then used that advantage to try to prevent smaller, independant farms from continuing business (e.g. by refusing to sell to anyone who does not sign exclusive deals to buy only from you - which they have to since, as you own the majorit of the market, they cannot get the grain they need from only the independant farmers) then I think intervention would be entirely justified.

    --
    What's purple and commutes? An Abelian grape.
  43. Re:market success by cyber-dragon.net · · Score: 1

    I agree. Success and ethics are not one and the same. Also keep in mind America is NOT a free market economy in any sense of the word. Government regulations protect businesses to an incredible degree these days, in order to counter balance that they MUST step in when a company over steps their bounds.

    Others have said it I will re-iterate, Microsoft knew the rules, they are not secret, and they willingly and blatantly broke them. They bought politicians (I witnessed this first hand working on a campaign so don't tell me it did not happen) in order to reduce/eliminate their US anti-trust lawsuit penalties and it worked. That is UNETHICAL and NOT free-market behavior. That is ILLIGAL and IMMORAL. They SHOULD be punished and I for one am glad the EU seems to have the balls to do what the US could not.

  44. Yes but... by Anonymous Coward · · Score: 0

    Microsoft makes baby Jesus cry....

  45. Re:market success by Overly+Critical+Guy · · Score: 1

    The idea is you don't punish the good for being the good.

    They're not punishing them for being good. They're punishing them for not allowing interoperability with their monopoly platform, thereby preventing competing alternatives. When the world's computers are over 90% Microsoft-controlled, that changes things.

    --
    "Sufferin' succotash."
  46. No one will agree with me... by DesireCampbell · · Score: 2, Insightful

    I'm pretty sure I'm the only one who actually hates the anti-trust suits against Microsoft.

    I hate that the EU has made Microsoft ship separate versions of Windows: ones without Media Player or IE. But what if I use WMA and IE? These are important pieces of software that every computer needs. Every PC needs to be able to go online, and play media files.

    Now, I don't use IE or WMA; but I used to. I'm smart enough to figure out how to find better programs online. But if I didn't have IE to begin with - how would I get new programs? What if I didn't know how to get other programs? What If I just wanted to use WMA and IE?

    Now, Microsoft has used terrible methods of making themselves the best. They squash competitors with cheaper, inferior products, they've stolen and copied hardware and software designs from other companies, they push their products on retailers in a hostile and underhanded manor. But there are two things to remember here: Every other electronics and computer company does exactly the same thing, Microsoft's just better at it; and Microsoft is rarely on trial for being unscrupulous (most of it is illegal, but not all).

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    1. Re:No one will agree with me... by 99BottlesOfBeerInMyF · · Score: 1

      I'm pretty sure I'm the only one who actually hates the anti-trust suits against Microsoft.

      Nope, there are plenty of people who are clueless or who have been fooled by their constant PR campaign of misinformation.

      I hate that the EU has made Microsoft ship separate versions of Windows: ones without Media Player or IE. But what if I use WMA and IE? These are important pieces of software that every computer needs. Every PC needs to be able to go online, and play media files.

      When was the last time you bought a computer from Microsoft? What's that? They don't sell computers? This in about whether Dell or Gateway or Lenovo can sell you a computer pre-loaded with Windows and IE and WMP. This is about whether Microsoft can force Dell and Gateway and Lenovo to sell you a computer pre-loaded with Windows and IE and WMP instead of their choice of browser and media player. This is whether Dell can not install IE and instead ship Firefox.

      Now, Microsoft has used terrible methods of making themselves the best.

      Not at all. Microsoft has used terrible methods to force people to use them despite them obviously not being the best or the cheapest or the most reliable. It is about consumers using sub-par products because the free market is bypassed by MS's illegal abuse of their monopoly.

      Every other electronics and computer company does exactly the same thing, Microsoft's just better at it...

      Microsoft is not on trial. They lost their trial and were judged guilty. Microsoft is arguing that they don't have to obey the court's punishments or that they really did obey when they didn't. Second, Microsoft was judged guilty of abusing their monopoly. None of the other companies have a monopoly, thus they can't possibly be "doing the same thing."

      You seem to be very, very misinformed.

    2. Re:No one will agree with me... by DesireCampbell · · Score: 1

      Nope, there are plenty of people who are clueless or who have been fooled by their constant PR campaign of misinformation.

      That's an unnecessary insult. Just because I disagree with you, doesn't mean I'm stupid. I've presented valid points that are both pro- and anti-Microsoft.


      When was the last time you bought a computer from Microsoft?

      When did I say anything about Microsoft selling computers? I said Microsoft sells Windows, a program for computers. This is either an attempt at a 'straw man' argument, or you can't read.


      This in about whether Dell or Gateway or Lenovo can sell you a computer pre-loaded with Windows and IE and WMP. This is about whether Microsoft can force Dell and Gateway and Lenovo to sell you a computer pre-loaded with Windows and IE and WMP instead of their choice of browser and media player. This is whether Dell can not install IE and instead ship Firefox.

      And that's a valid point. I said that Microsoft has used underhanded, and possibly illegal business practices to push their software. But that should be dealt with in court, IE and WMA being pre-installed shouldn't be an issue - the extortion should be an issue. This is another 'straw man' argument, you're setting up an opposing view that no one supports to attempt to gain credibility.


      Not at all. Microsoft has used terrible methods to force people to use them despite them obviously not being the best or the cheapest or the most reliable. It is about consumers using sub-par products because the free market is bypassed by MS's illegal abuse of their monopoly.

      Yeah. I know. That's what I said. Right after what you quoted, I said "They squash competitors with cheaper, inferior products, they've stolen and copied hardware and software designs from other companies, they push their products on retailers in a hostile and underhanded manor." You keep taking what I said out of context, or completely misunderstand what I'm saying.


      Microsoft is not on trial. They lost their trial and were judged guilty. Microsoft is arguing that they don't have to obey the court's punishments or that they really did obey when they didn't.

      Yeah, that what an "appeal" is. It happens all the time. It's part of the judicial system. (sarcasm) Though we should get rid of that, because courts are never wrong (/sarcasm).

      Second, Microsoft was judged guilty of abusing their monopoly. None of the other companies have a monopoly, thus they can't possibly be "doing the same thing."

      Sigh, and I didn't say any other company had a monopoly. I said that other companies bundle their own software together. Doesn't OSX come with Safari and Quicktime? And iChat? And there's no court ruling baring them from doing that. That's an abuse of judicial powers.


      You seem to be very, very misinformed.

      And you seem to be a few cans short of a six-pack (see, I can be insulting too).

      You seem to completely miss the point. Forcing Microsoft to sell Windows and IE and WMA separately is like forcing Ford (imagine Ford sells 90% of all cars) not to put in a stereo. You'd have to go out and get your own stereo, or buy the stock stereo separately. It's completely asinine.

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    3. Re:No one will agree with me... by Criterion · · Score: 1

      "That's an unnecessary insult."

      That's not an insult, it's simply the hard, cold, truth. I've been around way too many business clients (not to mention friends and family) for this to not be obvious to me.

      "When did I say anything about Microsoft selling computers?"

      You didn't, but you seemed to imply that if it's not in the OS that it's not going to be on the computer.. here, I'll quote you for context...

      "I hate that the EU has made Microsoft ship separate versions of Windows: ones without Media Player or IE. But what if I use WMA and IE? These are important pieces of software that every computer needs. Every PC needs to be able to go online, and play media files."

      See? Right there. It could reasonably be implied that if it's not in the os that it won't be on the pc (although yes, there are plenty of pc's that do NOT need to go online, nor play media files). If MS does not include it, and it is deemed socially neccessary, your friendly pc source will likely include that functionality (along with backup disks for reinstall), or alternately if you build your own systems you are more than capable of including that functionality for yourself. It's simply being pointed out that YOU used a bad argument.

      "Sigh, and I didn't say any other company had a monopoly. I said that other companies bundle their own software together. Doesn't OSX come with Safari and Quicktime? And iChat? And there's no court ruling baring them from doing that. That's an abuse of judicial powers."

      No, you said *specifically* in reference to what MS was in trouble for "Every other electronics and computer company does exactly the same thing", which shows that you do not *understand* what they are in trouble for. It DOES have to do with taking certain actions *when you are ruled to have monopoly status*. The other poster was making the point that the other companies you mentioned do NOT have monopoly status, therefor they get to play under the standard rules, and NOT those set in place to prevent those with monopoly status from working in an unfair and anti-competitive manner (which is ONLY possible if you have the control that monopoly status brings you). So, simply put, they are NOT doing exactly the same thing, because they are not breaking rules that have been set in place for them.

      BTW, the car analogies are very, very worn out, and not even very relevent... but I'll go with it anyway, and correct it so that it actually fits this situation:
      Imagine, if you will, that Ford sold 90% of all cars. Imagine that they were tried and found to wield monopoly power in the auto sector. Imagine also, that they created a radio which picked up non-standard frequencies which they themselves controlled, and then included it standard with EVERY car they sold, AND integrated the controls into the same panel with the ventilation controls thus making it very hard to remove and replace (notice I said replace, not augment with another seperate system). They would then have the control to license those stations for whatever amount they wanted, and they might even make the reception on their non-standard freqs a bit better than those "normal" stations, to the extent that people stopped listening to the normal stations. They would have then leveraged their existing monopoly power to create a monopoly in another area.

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    4. Re:No one will agree with me... by Anonymous Coward · · Score: 0
      Forcing Microsoft to sell Windows and IE and WMA separately is like forcing Ford (imagine Ford sells 90% of all cars) not to put in a stereo. You'd have to go out and get your own stereo, or buy the stock stereo separately. It's completely asinine.

      The computer vendors are the ones that go out and get the media player and web browser of their choice, not necessarily you. The problem is that when Microsoft bundles their own media player and web browser, the computer vendors are forced to pay for those and thus have no real choice on which ones they bundle. The ideal is that a computer maker can choose whatever additional software they think their customers will like, and only pay for the software that they choose. Right now Microsoft includes the price of IE and Media Player in the price of Windows, so they get paid in any case, and thus get an unfair advantage over competing media player and web browser vendors.

    5. Re:No one will agree with me... by 99BottlesOfBeerInMyF · · Score: 1

      That's an unnecessary insult. Just because I disagree with you, doesn't mean I'm stupid. I've presented valid points that are both pro- and anti-Microsoft.

      I never claimed you were stupid. I claimed you were ignorant and/or deliberately deceived. Almost every point you made was based upon incorrect facts or a failure to grasp the intention, motivation, and enacting of the law. From your post it is obvious you don't understand the economics or history of monopolies. It is equally apparent that you have a number of misconceptions about the legal action against Microsoft. Pointing these facts out is not an insult or an ad hominem attack. I'm sure you can take some time and educate yourself about the facts. The only issue I have with you is that you did not do so before posting erroneous assertions that may well misinform someone else.

      When did I say anything about Microsoft selling computers? ...This is either an attempt at a 'straw man' argument, or you can't read.

      It is neither a straw man or an indication of illiteracy (although that is both an ad hominem attack and and emotive one). You stated that the action taken to stop Microsoft from bundling other applications would prevent you from buying them when you purchase your computer and add extra work for you. This contains the implicit assertion that either you buy your computer from Microsoft or you expect that legal actions against Microsoft will restrict the people you do buy computers from as well (for some unspecified reason).

      I said that Microsoft has used underhanded, and possibly illegal business practices to push their software. But that should be dealt with in court, IE and WMA being pre-installed shouldn't be an issue - the extortion should be an issue.

      Bundling a product from one market with a product from a monopolized one is the very first example of illegal behavior listed in US antitrust law. That is what is illegal, for reasons anyone who passed Econ 101 should understand. It bypasses the free market, removing all benefits of competition and gives the consumer a product that is not necessarily the best nor the cheapest. Microsoft knows this. The US knows this. the EU knows this. Microsoft intentionally broke this law as part of their business plan. They have bet that it is more profitable to break this law and be punished for it than it is to obey the law, as other companies do. So far they have been completely right. They've made a fortune breaking the law and bribed the US to drop all punishments against them after they were convicted. They've settled hundreds of lawsuits, but it has still cost much less than they are making, since most injured parties can't afford to take them to court. Even the full EU punishments don't come close to the profits they make performing this illegal behavior. Right now they are trying to weasel out of the punishment in the EU that says they have to stop breaking the law. (Imagine a thief arguing after their conviction that they don't want to stop stealing and it is unfair that they are being punished in this way.)

      One of the ways MS is trying to get out of their punishment is by pressuring the EU using US politicians, EU politicians who are "consulting" for them, and making lots of press releases that completely misinform the public about the situation in the hopes that public opinion (based upon very misleading information) will help. That is where you fit in.

      This is another 'straw man' argument, you're setting up an opposing view that no one supports to attempt to gain credibility.

      No, this is you completely failing to understand what the courts ruled MS guilty of.

      I said "They squash competitors with cheaper, inferior products, they've stolen and copied hardware and software designs from other companies, they push their products on retailers in a hostile and underhanded manor." You keep taking what I said out of context, or completely misunderstand what I'm saying.

      You're still

  47. Re:market success by Overly+Critical+Guy · · Score: 2, Insightful

    How many Microsoft fanbois are going to use the strawman argument that Microsoft is being "punished for being successful?"

    They're not being punished for being successful. The EU didn't say, "Hmm, Microsoft is being successful, let's fine them for that."

    The issue is the lack of interoperability documentation with their monopoly platform, which prevents competition from Microsoft's own server products, furthering Microsoft's monopoly. There are laws against that because it's the antithesis of a free market.

    --
    "Sufferin' succotash."
  48. Re:market success by Anonymous Coward · · Score: 0

    So you're totally okay with one company controlling nearly all computers, and that company also selling server software for that monopoly platform, and then not documenting that platform's APIs properly for other people to compete? That's a monopoly furthering a monopoly.

    You're essentially defending, for instance, Microsoft's refusal to document the SMB protocol, requiring packet sniffing for people to interoperate with it. You're defending a lot of behavior that is illegal under antitrust laws.

  49. There is a reason by SuperKendall · · Score: 2

    I hate that the EU has made Microsoft ship separate versions of Windows: ones without Media Player or IE. But what if I use WMA and IE? These are important pieces of software that every computer needs. Every PC needs to be able to go online, and play media files.

    It is very disturbing that you think that the need to browse the web and play media files by definition means a computer must have IE and WMP.

    It's not about a company shipping Windows without IE or WMP. It's about a computer company being able to ship Windows with Firefox and iTunes.

    Your message has shown just how badly needed the EU case really is, because Microsoft has managed to befuddle people just like you into thinking a choice that is not Microsoft is no choice at all.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:There is a reason by LynnwoodRooster · · Score: 1

      Except that many vendors SHIP the computer with alternate players, configurations, browsers, and such. Sure, IE and WMP is still installed, but I know that HP loads with several other media players, AOL and its browser comes preloaded on multiple systems, etc...

      --
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    2. Re:There is a reason by DesireCampbell · · Score: 1

      I didn't say that a computer needs IE and WMA, I said every pc needs to go online and play media files... let's look at the quote:
      "Every PC needs to be able to go online, and play media files"
      Not that every computer needs Microsoft software, but every computer needs something, and there's no reason why it shouldn't be Microsoft.

      I also said "they push their products on retailers in a hostile and underhanded manor". Specifically, they tell retailers that they'll pull all their products if they put competitor's software on it. That is a bad thing. There should be legal injunctions about that, to protect the retailers if they decided to pre-load other software - that would be a good solution, having choice. But the EU regulations are not just giving consumers choice, they're forcing them to get these programs themselves.

      These regulations seem to have no benefit for the average consumer. The average consumer doesn't care if they use IE or FF, they just want to go online. Why should the average consumer should be burdened with doing this work themselves? Why is it a bad thing to have easily accessible programs installed by default?

      > The average user doesn't care about any of this. They want everything to work 'out of the box'.
      > Advanced users care, but are smart enough to fix any 'software problem' themselves.
      > While Microsoft's business practices may be seen as unscrupulous, and possibly > illegal - their products are not.

      I'm still unclear about why Microsoft is in court over these petty issues. Why aren't they in court about how they steal hardware and software designs? Or about their attempts at superfluous patents, like 'double-clicking'? Why is it illegal for Microsoft to have closed-source software? Why should they be forced to share their coding secrets with others? Why is it Microsoft's fault that they're the most popular?

      Specifically, this story is about the EU's attempt to get Microsoft to "share information, so-called protocols, so that other software makers could compete." Why? Are they doing this with every operating system? Is it the law in Europe to help out business rivals? Am I the only one who thinks this is retarded? Why is Microsoft being targeted? How much help does Apple give their competitors?

      I don't claim to know all the answers, but I'm sure the EU doesn't either.

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    3. Re:There is a reason by Anonymous Coward · · Score: 0

      You went to such lengths to reply, I felt I had to comment myself.

      The EU case is about MS shipping software for free that interoperates with their server versions and thereby removing the need to aquire another media playing piece of software.

      Is this a good idea ...

      1. MS see competitor making money out of media players.
      2. MS make their media player do for free everything the pay version of the existing players do.
      3. MS bundle it into the OS.
      4. Competing companies forced to either also be free or accept they will never be installed on a large percentage of computers.
      5. Competing companies struggle to sell the profitable server side software as MS has made sure that all the clients only work with their software.
      6. MS charges $20 for every copy of IE and Media Player, but just add it to the cost of the OS so you have no choice.

      This method of doing business suits MS as they can keep charging pretty much what they want for the OS knowing that 95% of computers will have it on.

      To me an OS should consist of only the essentials, it should provide a platform to install whatever apps onto I want. I would be happy to pay for a media player of my own choice and a web browser. The EU should be dictating the price of MS's products as a penalty, the US is much cheaper for the same product with better support included! MS are just milking the EU and you cant blame them if they can get away with it.

      Ever wondered how come hardware keeps getting cheaper and MS software keeps getting more expensive despite the economies of scale paying off better for them than for a hardware company? The cost of developing is the same whether you sell 1 copy of your software or 200million copies.

      If you want to know what MS have done for us its easy to see the good things they have done, just look at the price of memory and hard drives. They have driven, more than just about anyone, the need for more space and more power. .. Simon

    4. Re:There is a reason by SuperKendall · · Score: 1

      Not that every computer needs Microsoft software, but every computer needs something, and there's no reason why it shouldn't be Microsoft.

      Sure there is - Firefox is more secure than IE, and iTunes is more popular than WMP as a media player. There still is no reason why that choice cannot be made by the consumer or the computer manufacturer without Microsoft being more than another set of options, instead of an option you have no choice but to have.

      Specifically, this story is about the EU's attempt to get Microsoft to "share information, so-called protocols, so that other software makers could compete." Why? Are they doing this with every operating system? Is it the law in Europe to help out business rivals? Am I the only one who thinks this is retarded? Why is Microsoft being targeted? How much help does Apple give their competitors

      Actually Apple helps a lot - they use SMB for sharing, and afp is fully documented should anyone care to rwite something against it. Zoerconf/Rondevouz/Bonjour is also fully documented, anyone can write anything they want that makes use of it or accesses it. The core data technology built into OS X sits over standard XML files OR SQLlite, an open source database that I can use any tool I like to access. Care to name an Apple interoperation technology you think is closed in the same way Microsoft's networking protocols are closed?

      The EU is all over Microsoft because no other company shuts out competition to the same degree. They are also after Microsoft because, as you might have heard, they are a MONOPOLY. That means they have special precautions they must take to wield power fairly, and they have not taken them - or even made a token attempt to do so.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    5. Re:There is a reason by Maestro4k · · Score: 1
      These regulations seem to have no benefit for the average consumer. The average consumer doesn't care if they use IE or FF, they just want to go online. Why should the average consumer should be burdened with doing this work themselves? Why is it a bad thing to have easily accessible programs installed by default? You pretty much answer your own questions there. "The average consumer doesn't care if they user IE or FF, they just want to go online." Yeah that's true, so why does it have to be IE that's prebundled? If IE wasn't tied into the OS and OEMs could get Windows without IE as a portion of it and install Firefox to take IE's place the average consumer isn't going to care (they might not even notice.)

      "Why should the average consumer should be burdened with doing this work themselves?" Who said they would be? This is about OEMs being able to bundle things other than IE or WMP that will be the default and/or only web browser or music player out of the box. Does the average consumer care if they have iTunes or WMP? Probably not but they won't have to do the work themselves, the OEMs would make sure there was a browser and media player on the PCs they sold.

      Why is it a bad thing to have easily accessible programs installed by default? It's not but IE and WMP aren't exactly installed, they're entertwined and impossible to remove without a lot of work (and even then you'll likely break part of the OS).

      To throw one of your own points back at you, why should consumers who want to use a more secure browser (anything besides IE basically) or a different media player have to be forced to have IE and WMP on their systems and do all the work to change the programs they use? These things work both ways you know.

    6. Re:There is a reason by DesireCampbell · · Score: 1

      You pretty much answer your own questions there. "The average consumer doesn't care if they user IE or FF, they just want to go online." Yeah that's true, so why does it have to be IE that's prebundled? If IE wasn't tied into the OS and OEMs could get Windows without IE as a portion of it and install Firefox to take IE's place the average consumer isn't going to care (they might not even notice.)

      It doesn't have to be IE or WMA only. Retailers actually do have the right to pre-instal software on their products. Microsoft frowns on this, and allegedly illegally pressures retailers to not do it. That's something that should be brought to court - but isn't.


      This is about OEMs being able to bundle things other than IE or WMP that will be the default and/or only web browser or music player out of the box. Does the average consumer care if they have iTunes or WMP? Probably not but they won't have to do the work themselves, the OEMs would make sure there was a browser and media player on the PCs they sold.

      Exactly. The average user (for whom, all consumer protection laws should keep in mind) doesn't care what he uses, just if he can use it.


      IE and WMP aren't exactly installed, they're entertwined and impossible to remove without a lot of work (and even then you'll likely break part of the OS).

      I till don't see why that's a problem. True, there are better programs out there. And true, it's difficult to get rid of them. But why would you want to get rid of them? If other programs are installed and told to be the default programs for their respective files, you'll never see IE or WMA again. Uninstaling them won't reclaim any significant disk space. And if you're that concerned about what's on your system, you shouldn't be using Windows :P


      To throw one of your own points back at you, why should consumers who want to use a more secure browser (anything besides IE basically) or a different media player have to be forced to have IE and WMP on their systems and do all the work to change the programs they use? These things work both ways you know.

      That's a good point. But practically, if they want a "more secure" browser then they know how to get it themselves. My problem is the EU's ruling to force Microsoft to not have IE and WMA as default installations for Vista. They didn't rule that retailers should be able to load on whatever they want because they already have that right. The EU is forcing Microsoft to share it'd code and unbundle software - something it isn't forcing anyone else to do.

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    7. Re:There is a reason by Criterion · · Score: 1

      "I till don't see why that's a problem. True, there are better programs out there. And true, it's difficult to get rid of them. But why would you want to get rid of them? If other programs are installed and told to be the default programs for their respective files, you'll never see IE or WMA again. Uninstaling them won't reclaim any significant disk space. And if you're that concerned about what's on your system, you shouldn't be using Windows :P "

      There is a very valid reason, and you are obviously missing it because your guesses (you mean your best guess is that people are concerned about the disk space it takes up?!? That's a pretty sad try, and simply shows that you have a very shallow view of the situation) are way off the mark. The reason that MS should be restricted from including their own closed and propriatary apps is because doing so gives them an avenue, that they know is *guaranteed to be on every single windows machine* through which they can then push their own server services such as video and music delivery (again the same theme with them, attempting to leverage their existing desktop monopoly to create another in a different area). I don't know about you, but I certainly don't want to envision any possible future where MS are in any kind of control of my home theatre experience.

      --
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    8. Re:There is a reason by DesireCampbell · · Score: 1

      That just seems very amatory. You've still neglected to talk about how Apple computers have the same thing. Your response seems to be rooted in "OMG MS 'r bad!" logic.

      Forcing Microsoft to unbundle IE and WMA from Windows, and not doing the same thing with Mac OS, is wrong. Double you, are, owe, en, gee, wrong. Forcing Microsoft to open it's closed source code, and help it's competitors, and not doing the same thing for every other software development firm, is wrong.

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    9. Re:There is a reason by Criterion · · Score: 2, Insightful

      No, it is YOU who seem to neglect the fact that it's not the simple act of bundling apps that is the problem. It's bundling apps which could leverage *your existing monopoly status* into another area. Last time I checked, Apple has not been tried and found to hold such status, therfore they are NOT breaking any rules by bundling whatever the hell they want.

      "Forcing Microsoft to open it's closed source code, and help it's competitors, and not doing the same thing for every other software development firm, is wrong."

      Wow, how very WRONG are you on this one? They *don't want* the source code. They told MS they don't want it, they don't need it, it's not the right answer. Sourcecode!=APIs

      "OMG MS 'r bad!"
      Sorry to say, but you really are pushing "noob speak" on the wrong person. :/

      --
      We have enough youth, how about a fountain of SMART?
    10. Re:There is a reason by angulion · · Score: 1

      In addition, I find it quite obnoxious to have WMP and having to patch security bugs in it on a Windows 2003 Server that is used primary as a DC and file-share.
      Plase name *one* reason why I would like to have WMP on a server?

    11. Re:There is a reason by duerra · · Score: 1

      I think the key point in all this is that Microsoft is a convicted monopoly. You really can't say enough that this isn't about comparing Apple to Microsoft, or anybody else to Microsoft, because they're not being held to the same standards. From a shallower perspective, yeah, it seems unfair to hold Microsoft to different standards. However, when you understand *why* they are being held to different standards, this becomes much more clear.

      As I've stated 100x over, though, I think *ALL* communications protocols should be required by law to be open standards. But somehow I don't really seem to get much of a backing on that position.

  50. Re:market success by Expert+Determination · · Score: 1
    What objective standard do you intend to use? What is the demarcation line for government or anyone to step in because 'success' has been too great.
    Whether or not it is in the public interest. We allow companies to grow because it is generally in the public interest. Western liberal countries provide a far higher standard of living for their population than other nations partly because they allow companies the freedom to provide people with the goods and services that they want. But if a company appears no longer to provide such benefits, eg. by stifling competition that would have been in the public interest, then it's time to reconsider.

    Who gets to decide?
    A body selected by a democratically elected government.
    If I owned a farm and had a bumper crop of corn one year, should I be penalized for being successful?
    I don't see the connection between this and Microsoft. Nobody penalises successful farmers in the US and there's no obvious reason why it would be in the public interest to do so.
    --
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  51. Re:market success by Anonymous Coward · · Score: 0

    Boy, you ass-troturfers are out in force today, posting crap like "Just who decides when a company is successful enough?" when Microsoft isn't (as has been pointed out many times by other posters) being punished for being sucessful, you're (yes, your company) being punished for breaking the law.

    This is a nerd site, we're not so stupid that we can't see through you.

    And these stupid, uninsightful posts are being moderated "+5, insightful."

    Would you jackasses please get back to work? If you didn't spend all day astroturfing /. maybe Access and Foxpro wouldn't be making me threaten to steal an airplane and bomb Redmond. God DAMN but you people write shit software.

  52. Re:market success by DerWulf · · Score: 2, Insightful

    everybody becomes richer under capitalism. The rich just slightly faster. If you doubt that, look at the kind of shit happening where the state rules supreme.

    --

    ___
    No power in the 'verse can stop me
  53. Re:market success by DerWulf · · Score: 1

    please define what monopoly means to you. Everybody seems to be entitled to make up what words mean these days, I just want to be certain.

    --

    ___
    No power in the 'verse can stop me
  54. Re:market success by ADRA · · Score: 1

    Rant
    Your argument is absolutely flawed. You're saying capitalism isn't flawed because totalierians make a lot of money. Lets stick up this man. He's made of straw. He's get a big t-shirt called totaliterian. He's baddddddd. He's got horns on his head. Lets burn him and be glad we're not him.

    Analysis
    Now on to the real analysis, you are saying the rich are just getting richer over the poor. In relative terms, lets say the rich (those that have $ to invest) are investing with returns of 10%. Cut off inflation, lets say 4% for arguments sake. That leaves the rich guy making 6% wealth increase over time. The poor guy who is 'just subsisting' makes 4% off inflation over the same period so they're wealth improvement at 0% increase over the period.

    (Note: Yes, no taxation numbers were calculated in this. If you really want to prove the disparity increase is less, then use real-world numbers on inflation/investment returns as well. Just assume taxes were calculated before the investment numbers)

    So, the average rate of return for rich/poor over a year is 6%:0% If in 17 years of that average (10% investment, 4% inflation) growth, the rich guy index has grown 2:1, while the poor-guy index has grown 1:1 making the disparity between the two twice as dramatic as it was 17 years ago.

    Proportionately, the rich get richer and the poor stay the same. Inflation may provide some added benefit to the poor, but it doesn't 'balance' the rich equation.

    Don't get me started on the whole 'ownership society' concept.

    --
    Bye!
  55. Re:market success by Anonymous Coward · · Score: 0

    please define what monopoly means to you. Everybody seems to be entitled to make up what words mean these days, I just want to be certain.

    How about reading up on the landmark ruling by Judge Thomas Penfield Jackson:

    33. Microsoft enjoys so much power in the market for Intel-compatible PC operating systems that if it wished to exercise this power solely in terms of price, it could charge a price for Windows substantially above that which could be charged in a competitive market. Moreover, it could do so for a significant period of time without losing an unacceptable amount of business to competitors. In other words, Microsoft enjoys monopoly power in the relevant market.

    34. Viewed together, three main facts indicate that Microsoft enjoys monopoly power. First, Microsoft's share of the market for Intel-compatible PC operating systems is extremely large and stable. Second, Microsoft's dominant market share is protected by a high barrier to entry. Third, and largely as a result of that barrier, Microsoft's customers lack a commercially viable alternative to Windows.

  56. Re:market success by Tom · · Score: 1

    The idea is you don't punish the good for being the good. That's like saying, why don't we ban the New York Yankees from baseball because they have the most talented players?

    Absolutely right.

    The crime here is the means by which success is achieved. In other words: We would ban the New York Yankees if it turned out they only win because they're all doping as hell.

    Antitrust law is like doping rules: There are things you can do that make you stronger and faster, but they're not allowed because both sports and free markets only work if the competition is fair.

    --
    Assorted stuff I do sometimes: Lemuria.org
  57. It's the MIcrosoft definition of interoperability. by Paul+Bristow · · Score: 2, Insightful
    Read the article - "designed its Windows server operating systems from the outset to interoperate with non-Microsoft server operating systems"

    This is exactly the problem. They said:

    MS Windows server ===== works with ======> non-MS server OS

    They did not say

    non-MS OS ====== works with ========> MS Windows server

    ...and that is exactly the problem that they are being sued for

    Don't be fooled by the doublespeak.
    --
    - Paul
  58. To have and have not by SuperKendall · · Score: 1

    Except that many vendors SHIP the computer with alternate players, configurations, browsers, and such.

    Great, but the original point was that the user needs a computer with a browser and a media player. Why are you blinded into thinking windows MUST ship with IE and WMP - even if other choices are also shipped? Why is the choice NOT to ship with that pair just as valid as shipping with Firefox and iTunes?

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:To have and have not by LynnwoodRooster · · Score: 1

      Umm, because the OS is Windows? It's from Microsoft, and they usually get to choose what the default set of applications included should be? I know RedHat pretty much decides what the default set of tools are. OSX does the same.

      Why can't the OS vendor decide what components should be part of the standard package? As long as the computer manufacturer or customer has the ability to install and use other options, what's the problem?

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  59. Re:market success by tradiuz · · Score: 1

    My only problem with your comment is that rats (domesticated ones at least) are very intelligent, resourceful, and cute. Not the revolting scum that Microsoft has let itself become. They're more on the order of Tapeworms, parasitic, souless beings with only the purpose to feed off you for its own survival.

  60. I HAPPEN TO KNOW by Anonymous Coward · · Score: 1, Informative

    I happen to know of a certain lab at Microsoft. In this lab they try to find ways to:

    a) Configure Windows boxes in ways which BREAK Linux and other Open Source os's interoperability.
    b) Create subtle changes to Windows protocols which keep Windows boxes moving fast, but slow down things like Samba.

    They are not friends of Open Source.

    1. Re:I HAPPEN TO KNOW by duerra · · Score: 1

      Care to give us some more information?

  61. Re:market success by Forbman · · Score: 1

    Google is being very successful, but they haven't been assholes about it, so people in general don't have their underwear all wadded up trying to knock Google down a couple of notches.

    But Microsoft has acted like one major bully. On one hand, they use the law (or whatever other means they can that are "legal" to beat their competitors/perceived enemies down. When the tables are finally turned on them, they cry foul.

    Imagine your school days, when the biggest prick in the school was the star player of one of the Big Sports (in the US, that would be football, basketball or baseball). He did what he wanted, essentially, and no one would/could stand up to him. Teachers realized how well-connected his parents were to the rest of the school administration, the teams were pretty successful and high-profile for the community, and his friends tended to be taken care of outside of school.

    Finally, a student or teacher has enough of this dickhead, and he's failed in a class for cheating, the week before a major game. The coach (who is no fine specimen of civil humanity himself) appeals to the teacher to "change his mind", first casually, but as the teacher holds his ground, the pressure starts to get nasty. Initially, the school administrators support the teacher, until somewhere along the way a rumor is created that the teacher enjoys a few kinky activities in his spare time, or the kid starts dating the daughter of the head of the school board, or the principal is remined of the benefits he enjoys at the school could easily be taken away, anyways, you get the idea.

    So a couple of days before the Big Game, the teacher finally relents and the dickhead's grade is reevaluated, and he barely passes and gets to play in the Big Game.

    Or, for those who can remember that long ago, remember when BillG was busted in Bellevue one night for speeding, and the cop had the balls to write him up a ticket for not having proof of insurance? Guess what happened after that? The cop was fired a couple of months after for having a "poor work record". Funny thing was, he had been a cop for quite a few years, and up to then he'd had good job evaluations...

    But at least BillG and SteveB aren't in the same league as Andrew Carnegie, Pullman, and others from that era. As far as we know, no one has directly died as the result of trying to throw the shit back onto Microsoft (well, except for that one guy who tried to fight Microsoft when they were arguing that NT4.0 had met some difficult NSA/NIST security classification that he'd worked successfully on for NT 3.51, when the wording of the specifications was clear that NT 4.0 should probably have been reevaluated...).

    As much as I don't like Paul Allen right now as a vulture...venture... capitalist (selling off TechTV, running Portland Trailblazers into the ground far worse than George Argyros or Jeff Smulyan tried to do with the Mariners, or even the owner of teh LA Clippers had been doing to that team up until this season), if the stories about him around when he left Microsoft are true, then at least he still has *some* character in him. Can't say the same for BillG or SteveB.

    As much as Microsoft as a corporation is just an amoral entity, its soul and basic character come from the people who run it, just like any other corporation.

  62. The question- why the need for protocol protection by PhYrE2k2 · · Score: 1
    Microsoft relies on the fact that its communication protocols are technologically innovative and are covered by intellectual-property rights


    The bigger question is why do they need to protect the protocols and APIs? _IF_ their product is superior, who would use anything else? If someone made software that could communicate with Windows clients/servers (Samba makes a good example), and Windows is still better, few if any people would use Samba, and hence it would cease to exist.

    So the question becomes- are they artificially making themselves the only player when something better is likely to arrise. The answer is probably a yes.

    Releasing protocols shouldn't hurt their market share if they're the top player and have the best product and keep their product good. Now if they don't have the best product, but are keeping players out of the market by hording information, then an anti-trust suit is in order... oh wait...

    -M
    --

    when you see the word 'Linux', drink!
  63. What's the difference... by sholdowa · · Score: 1

    between Microsoft's repeated appeals of the EU's case and flouting the law as it wishes? In practical terms anyway. Pay $2M /day fine until you fix this. No. Pay $2M / day until you fix this. I'll see your refusal of our appeal andraise you a new one.

  64. I didn't do it!!! by Anonymous Coward · · Score: 0

    heh,... maybe look at previous trial arguments made by M$ lawyers defending the company from IP infringements. I'd say, they themselves have done an excessive amount of "discovery" on behalf of the EU or any other yahoo(not the TM) looking for something to do.

    Side note: Could it be agreed upon? "...sometimes, in the software industry, ownership and or use of, in combination of legal language, offers a burdensome amount of coordination, to which, a possible solution is GPL'ed software."

    and if so... then "Where do you want to go today?"

  65. Re:market success by Forbman · · Score: 1

    No, but when they can skew the market through governmental interference to maintain that cashflow into their coffers, *THAT* is where things start to be fucked up and the market is no longer free.

    As far as the tax thing goes, what cheeses most people is the perception that even though BillG may have a tax bill of $100,000, that there are ways he can offset or even negate a lot of that tax burden or create other ways so that that $100K is about 1% or 0% of his net income for the year.

    BillG: "But I paid $100,000 to the US Treasury!"

    TheRestOfUs: "But it was about .0001% of what you made last year, Bill..."

    Or, like when I lived in Lake County, IL. My property tax bill on a $200,000 house was around $11,000/yr (Grayslake, IL). But a $1.5 million house in Lake Forest had property taxes of $15,000, and people in Lake Forest were bitching about how their schools didn't have enough $$$...

    If I have to pay about 35-45%/yr in taxes, so should BillG.

  66. How about a link to the actual filings? by Anonymous Coward · · Score: 1, Informative

    Look to http://www.groklaw.net/article.php?story=200604110 33758760 for what microsoft said in recent filings.

    Reading those filings, Microsoft is saying "... but the users will have educated themselves on what our routines are doing, we shouldn't have to explain in OUR documentation."

  67. Using the European invented Web... by Anonymous Coward · · Score: 0

    The WWW was developed by Tim Berners-Lee at CERN (Europe)...

    1. Re:Using the European invented Web... by Criterion · · Score: 1

      The WWW is not the internet, and would not exist without the internet.. at least not in it's present form.

      --
      We have enough youth, how about a fountain of SMART?
  68. Re:market success by DerWulf · · Score: 1

    So is the computer you bought 10 years ago just as powerful as the one you could buy today for the same money?

    Is the Model T an equal car to what you get today for the same work*hours?

    Products are, generally speaking, improving at the same price or staying the same but decreasing in price. That's the part where everybody gets richer. Or if you prefer, the part where you don't need to worry about mass-starvation and can actually employ people to make up fancy wealth-distribution statistics.

    --

    ___
    No power in the 'verse can stop me
  69. "... shouldn't be penalized for becoming successfu by walter_f · · Score: 1

    Oh yes, I'm sure the EU officials will be very pleased to hear yet another attempt of the "The name's Microsoft, we are just a bunch of idiots who don't remember what they have been told last week, let alone last year" variety...

    Go, Microsoft, go (har, har).

    Walter.

  70. Re:market success by ADRA · · Score: 1

    Yeah, what you're explaining is inflation. If something costs more, prices inflate. If something costs less, it deflates. In general, when the average citizen pays more for basic living essentials, the economy infates hence the inflation number which deducts from the rich and subsists the poor. As explained in the last paragraph, the quality of living will go up for the poor, but they aren't proportionately in a better position as the rich are.

    --
    Bye!
  71. The Wrong Angel by The+Man+From+Sears · · Score: 1

    The problem with the car anology isn't that it's about taking parts from one car and putting them into another, it's about two different cars using the same road. Just because Dodge makes the Ram truck doesn't mean that it's impossible to drive it on the same roads as a Honda Accord would. The actual inner workings of the vehicles may be different enough where you can't swap parts between them, but that doesn't mean you must drive down a special lane specific to your manufacturer while heading to work, or suffer dire consequences. The standards aren't in how the parts interact, but in how they work as a whole along side other systems.

    1. Re:The Wrong Angel by DerWulf · · Score: 1

      I'm confused. The highway maps to which thing in software/operating systems exactly?

      --

      ___
      No power in the 'verse can stop me
    2. Re:The Wrong Angel by duerra · · Score: 1

      The "highway" is the "communications protocols" that Microsoft doesn't want to open up. In other words, your BMW is Linux, and your Ford is Windows, and we all want to drive on the same "road", even though both "cars" have different components that aren't necessarily interchangable. But Microsoft is claiming they own the road.

      Make sense now?

    3. Re:The Wrong Angel by DerWulf · · Score: 1

      Except that it doesn't really. My very first windows supported TCP/IP and IPX/SPX and still does today. What exactly precludes otheres from "driving on the same road" as I do or vice versa?

      --

      ___
      No power in the 'verse can stop me
    4. Re:The Wrong Angel by duerra · · Score: 1

      Is there really a point in trying to perfectly represent an analogy? They're different industries. The simple fact remains that Microsoft is a monopoly, and has historically tried to leverage that to try and keep a stranglehold on the market. Nobody's telling Microsoft to stop selling Windows, but just to tell us how to communicate back and forth between a Windows box and a non-Windows box. It really isn't that big of a deal, and I don't understand why Microsoft is dragging their feet on the matter so much. It's not like Windows has that much less market share today because HTML is an open standard. IMNSHO, all communications protocols should be legally required to be open standards.

    5. Re:The Wrong Angel by DerWulf · · Score: 1

      Microsoft is a monopoly because it's strong arming the market. It's strong arming the market because it's a monopoly. QED. That was easy. Arguing either of those points is useless because you'll just be refered futher around the circular argument. Same for discussing the merits of anti-trust laws using the example of Microsoft.

      What exactly gives you the right to demand that an application protocol written for my application should be "open" and "standardized"? I think you are forgetting that every single person has the fundamental right to do whatever they please as long as they are not infringing on the liberty, property and well being of others.

      --

      ___
      No power in the 'verse can stop me
  72. Re:market success by Anonymous Coward · · Score: 0

    I, posting anonymously, think that nobody should be allowed to earn more than X amount/ year. Be it 50K $ or 100k $, I don't care, but I think IT'S FAIR TO IMPOSE this restriction. I'm communist? Yes, maybe.

  73. protocols by Anonymous Coward · · Score: 0

    "its communication protocols are technologically innovative"

    LOL

  74. Re:market success by Fanboy+Troy · · Score: 1

    Sure it is. That's what we Europians do: wait for a company to become successfull and then we drag it through courts so we can get a cut of the money.
    [/sarcasm]

    And the US DOJ does the exact same thing! They wait for successful business men to emerge and then ambush their success!
    [/sarcasm]

    Does Judge Thomas Penfield Jackson ring any bells?

    Listen, liking microsoft or their products is not a bad thing, but there is a whole world out there wanting to make a living on software and microsoft is using their position to make sure that, when they are playing, only they have a chance. This is what the courts in the US, the EU and apparently South Korea have ruled against microsoft. You can paint it anyway you want so it will fit in to your point of view, but the fact that MS violates anti-trust laws has been decided in a court of law more than one time already throughout the world. The fine they are asked to pay can in no way be called extortion. Unless I can call the fine I am asked to pay for speeding extortion, because I disagree with the court's ruling.

    Grandparent post knows nothing about how the law works. Details of why microsoft is treated like this can be found searching for "microsoft monopoly" on google. First result:

    The landmark ruling by Judge Thomas Penfield Jackson. This document describes accurately why microsoft is ruled a monopoly, addresses all the straw man arguements often posted of "microsoft not holding 100% market share, therefor is not a monopoly" and so on and so forth... If you have the time, read about it. It beats posting emotion driving posts that leads to flamewars, without posting any facts to back it up...

  75. Re:market success by Fanboy+Troy · · Score: 1

    Followup: when I said GranParent post, I was thinking Original Post. Sorry about that. While I agree with the system the original post has in mind, this is simply not the case. What he is talking about is a political/economical change of how things work today. This is another discussion and not one microsoft should be judged by. Microsoft can and is judged by current laws and is found guilty...

  76. Re:market success by NoOneInParticular · · Score: 1
    If there was any evidence for the EU playing favourites with their own, I would like to see it. Counter-evidence is there aplenty. EU-based chemical and pharmaceutical companies have been fined for hundreds of millions of euros for price-fixing and other cartel-forming operations. The EU is very busy breaking up various historical cartels in the EU, much to the displeasure of various countries within the EU (most noteably cartel-country France). That American companies operating in the EU are not exempt is simply a fact of life. The situation would never have occurred if the US in the form of Prez. Bush hadn't decided that a free market is actually not such a good idea, as evidenced by their letting go of Microsoft after they had them cornered. The EU is simply cleaning up the mess in its own jurisdiction after the US decided that the mess in their own house was not worth cleaning up.

    Hopefully the net effect of the EU action is that, indeed, the Microsoft-only protocols and interop information will become freely available, something that will have a positive effect on the US market as well.

    So quit complaining that he big bad EU is taking away the MS toys and get yourselves an administration that actively helps in creating a free market instead of working towards a new aristocracy of untouchables.

  77. Re:market success by Mafia$oft · · Score: 1

    > And, where is the incentive for starting a company if some group can say "You're too successful, we're bringing you down!"

    Boy, did you make this comment in the full intention of publishing the Dumbest Comment Of The Year?
    Listen, there are about 0.00005% of all companies which earn more than $100000000/year (a possible very coarse definition of "too successful"). Yet most other companies that are not as wildly fortunate as those are doing just fine despite not earning such obscene amounts of money, thank you very much (you *can* persist as a company doing only $100k/year, after all).
    Talking about a non-incentive to *even start* a company based on such a thing as "termination if too successful" is just very stupid.

  78. Interesting, but... by Fanboy+Troy · · Score: 1

    How do you find The US's own Judge Thomas Penfield Jackson's ruling not fair, or not objective? Anti-trust laws exist, and microsoft's legal team knows about them. They are the ones that should have steared microsoft in another direction as they were gaining a monopoly position. If you don't want to believe it was microsoft's intention to break the law, then point at their lawyers for not protecting them from doing so. But microsoft's actions in repeatedly crossing the border of legality, dictates otherwise.

    Anti-trust laws exist in Europe also and any EU bias can not interfere with justice. I would like to see evidence to the contrary, if you have any, that this is the case. Such evidence would help microsoft's case alot also. It is not a question of unfair laws, as it is a question of over-sized corporations having the money and thus the power to ruin the market in their favor. The EU has the obligation to protect its market, as did the US a couple of years ago. I would be interested if you pointed out how exactly Judge Jackson was wrong in his rulings after you actually read them. I don't think you believe that He was also biased against microsoft, in any way, do you?

    Until then, I can only reject your post as unfair and and misinformed.

  79. I don't understand... by Anonymous Coward · · Score: 0

    I don't understand their argument. Anti-trust laws were not made to punish companies but to protect customers. It doesn't matter whether they meant to practically monopolize several industries (altough, who are they fooling, when they start doing things like making their own image editors because they want to own every software industry, they can't really go around saying they don't try to monopolize.) All that matters is whether or not they actually do it.

  80. One of these things is no tlike the other by SuperKendall · · Score: 1

    One of the three companies you mentioned is a monoply, the others are not.

    Things are different for a monopoly, that's just the way it is. It's to protect other software makers and allow resellers of the product to make choices of thier own.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:One of these things is no tlike the other by LynnwoodRooster · · Score: 1
      As a monopoly, you do not lose the right to build product; you can't use your monopoly powers to an unfair advantage, but you still get to build product - suites, OSes, etc.

      I have yet to encounter an MS platform where I could not easily and simply get an alternate browser or media player. And I have purchased several off-the-shelf computers in the past that came preloaded with MS and many other 3rd party tools preloaded too...

      I know you'd like to see MS completely gone, but the original poster had a point - with a modern computer, is it really useful for most people without a browser and media client? If not, then why should one company be excluded from including its solution, when they offer the whole OS?

      Be like HP, or Dell, or one dozens others and package 4 different media players, 3 different browsers, and a ton of other tools...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!