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U.S. Adds Years To Microsoft's 'Probation'

An anonymous reader writes "The U.S. Justice Department has added another two years to its agreement with Microsoft, extending the protocol licensing program that is part of the company's penance for anti-competitive activities. The organization feels Microsoft is providing documentation too slowly to its licensees." From the article: "At one time, the Justice Department and several state Attorneys General had sought a breakup of Microsoft in order to prevent it from abusing its Windows monopoly. Judge Thomas Penfield Jackson at one point ordered such a move, though his ruling was later reversed on appeal. Ultimately Microsoft settled with the Department of Justice, agreeing to far more modest restrictions, including the protocol licensing program." Relatedly, regulators have cleared Vista of anti-competitive elements. They examined the OS on concerns an added search box may have given the company a home-field advantage.

206 comments

  1. Probation? by Trelane · · Score: 4, Insightful

    I thought that probation was about...
    well... you know...
    keeping you from doing the stuff you got in trouble for .

    --

    --
    Given enough personal experience, all stereotypes are shallow.
    1. Re:Probation? by menace3society · · Score: 1, Troll

      No, probation is for when the prosecution needs to look like tough guys who can handle the case, in spite of the fact that a) they don't have a legal leg to stand on; and/or b) someone higher-up in the process for making these decisions tells them not to hurt a defendant who has close ties with said higher-up. If you offer to settle for probation, the prosecution doesn't have to admit they fucked up and look like jackasses, and nine defendants out of ten will settle for it because it means no prison time.

      Innocent until proven guilty? More like, "Only slightly guilty until proven really guilty."

    2. Re:Probation? by hackstraw · · Score: 1

      keeping you from doing the stuff you got in trouble for .

      This is the beginning of the end of mediocrity ruling.

  2. harsh penalty by gEvil+(beta) · · Score: 5, Insightful

    "You haven't supplied the information you were required to as part of the terms of settlement, so instead of doing something about it, we'll give you more time."

    --
    This guy's the limit!
  3. two more years by Anonymous Coward · · Score: 5, Insightful

    Two more years of looking the other way.

    1. Re:two more years by Anonymous Coward · · Score: 0

      Probably not since if you look the other way you see the oil companies. The government will then quickly turn back to MS. Like a great illusionist, they will wag one finger at MS and with the other they'll pocket all the money from the oil lobby.

  4. A new concept in software design by Dunbal · · Score: 5, Insightful

    regulators have cleared Vista of anti-competitive elements. They examined the OS on concerns an added search box may have given the company a home-field advantage.

          First software was designed to do stuff because it was needed.
          Later, software was designed to do stuff that was cool.
          Still later, software was designed to make money.
          Then software was designed primarily by marketing departments
          Now, software is designed by lawyers and the judicial system?

          What a great world we live in.

    --
    Seven puppies were harmed during the making of this post.
    1. Re:A new concept in software design by evilviper · · Score: 1
      Now, software is designed by lawyers and the judicial system?

      You're more correct than you know.

      Only it's usually not federal lawyers, it's now usually patent attorneys...
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  5. Windows is fine in one piece, TYVM. by WereTiger · · Score: 1, Flamebait

    Dear US Government, Leave Microsoft the hell alone.

    I like Windows, I like IE, I prefer Google over MSN and nothing's stopping me from using it.

    Microsoft products are default.. NO KIDDING, it's THEIR OS, not yours or their competitors.

    If Google made an OS and integrated Google search technology would everyone cry foul? Probably not, the hypocritical zealots.

    Let Microsoft include a default browser, search engine, mail client, antivirus/antispam, office suite, whatever. If there's something different I prefer I'll switch that element.

    Thank-you for your consideration.

    --
    If you're hearing rhetoric about Linux, open source, or Mac and everyone's bashing Microsoft, you've found Slashdot.
    1. Re:Windows is fine in one piece, TYVM. by DragonWriter · · Score: 4, Insightful
      If Google made an OS and integrated Google search technology would everyone cry foul?
      No, at least not with the justification they have when Microsoft does it, unless Google, instead of Microsft, had a desktop OS monopoly. The legal objection is based on leveraging a monopoly in one market to negate effective competition in another market. If Google, say, put together their own Linux distribution tomorrow, they could integrate whatever they wanted with it before they established an OS monopoly. If they ever did, though, their ability to leverage it to gain traction in other markets would be constrained by law.
      Probably not, the hypocritical zealots.
      Its only hypocritical when you are ignoring the central (monopoly) element of the objection.
    2. Re:Windows is fine in one piece, TYVM. by Anonymous Coward · · Score: 0

      In fact, I will select a different text editor, bitmap editor, music player, dvd player, solitaire game, and anti-virus tool. I am sure there will be others.

    3. Re:Windows is fine in one piece, TYVM. by geekoid · · Score: 1

      Wow, you completly do not understand the issues of this case.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Windows is fine in one piece, TYVM. by DesireCampbell · · Score: 2, Funny

      Wow! What a great explanation of the "issues of the case". You, sir, are a great man.

      I'm not going to quote your awesome explanation here because it would overload the server's bandwidth. Because it was that good.

      --
      Whoo, signature!
      DesireCampbell.com
    5. Re:Windows is fine in one piece, TYVM. by joshetc · · Score: 0

      shouldnt they get sued then for using their search engine monopoly to promote their linux distro? Which I'd imagine is what they'd do..

      I know they havent been declared a monopoly yet but I'm sure if they made a hard push at a linux distro they would be found just that.

    6. Re:Windows is fine in one piece, TYVM. by Anonymous Coward · · Score: 0

      Hey winshit fucktard, go fucking kill yourself!

      Micro$hit should've been denied to do business anywhere in the world for what those greedy bastards have done and continue doing!
      Open Source Rulez, Micro$hit drulz!

    7. Re:Windows is fine in one piece, TYVM. by Anonymous Coward · · Score: 0

      Hey Micro$hit Winblow$ fucktard, would you like some cheese to go with your whine? Thanks for making this comment, now you will be bitch-slapped into oblivion if it hasn't happened already, as you are nothing more than a god damned fucking troll doing nothing more than flaming slashdot.

      The only reason why you are defending Micro$hit is that you're too fucking stupid to even exist let alone use a computer. Go take yourself out of the gene pool by kill yourself as well as all of your fucktarded children 'if you have any'.

  6. Slap On The Wrist: Part Deux by Foofoobar · · Score: 4, Interesting

    Well maybe this signifies that the Justice Dept now realizes WHY Microsoft was brought before them and that their measures taken thus far have proven futile in getting the company to change their tactics.

    --
    This is my sig. There are many like it but this one is mine.
    1. Re:Slap On The Wrist: Part Deux by asuffield · · Score: 2, Informative

      I expect that the justice department is quite aware of the reasons. Given the fact that they were in a strong position and settled for a pittance, it seems quite clear that they received political orders to back down, probably related to changes in the government at that time and some of Microsoft's campaign contributions.

      If that's true then this new development must also be political. Who did Microsoft piss off this time?

    2. Re:Slap On The Wrist: Part Deux by Foofoobar · · Score: 1

      Actually keep in mind that the Clinton administration started this when Microsoft WAS NOT doing lobbying. They were very insistant that they would not settle.

      Then Bush got into the chicken coop and Microsoft started lobbying shortly therafter. The justice dept then did a complete switcheroo and settled with just a slap on the wrist.

      Now whether the reason was due to a political change or Microsoft change in lobbying, who can say. But regardless, it is obvious in the stance of the justice dept that something caused them to change their tactics and approach in the middle of the battle.

      --
      This is my sig. There are many like it but this one is mine.
  7. Re:Relatedly??? by Anonymous Coward · · Score: 0


    I'm pretty sure that without a good strong light being shined on their shady business practices, they would have easily co-opted the internet, TCP/IP and all sorts of other "free" things today.


    And a damn good thing too. We needed to save the co-opting the internet for the telcos.

  8. Ah ha! by AWhiteFlame · · Score: 4, Funny

    Here, here -- A toast, to two more years being everyone's favorite illegal monopoly!

    Cheers!

    --
    "Everything worth innovating today will go to court tomorrow."
  9. Bureaucratic waste by Toby+The+Economist · · Score: 4, Insightful

    What a complete waste of time.

    Has the State involvement in this issue achieved anything?

    And how much did it COST?

    We're all sitting here paying tax through our noses.

    Who's spending this money?

    What are we getting for it?

    How many millions have been spent on this excercise which has had no significant impact on the MS monopoly?

    1. Re:Bureaucratic waste by gEvil+(beta) · · Score: 4, Insightful

      Well, things were moving along pretty nicely and for a moment it looked like something was actually going to be done. Then in 2001, everything changed for some inexplicable reason...

      --
      This guy's the limit!
    2. Re:Bureaucratic waste by NutscrapeSucks · · Score: 2, Informative

      Has the State involvement in this issue achieved anything?

      Mainly restrictions on MS's behavior with OEMs:

      + Dell and other OEMs can now load up their machines with RealPlayer, Firefox, Googlebar, etc without worrying about losing their Windows contract.
      + You can buy Linux or other alt-OS machines from major OEMs -- these were very scarse before the trial.
      + In theory, all OEMs have the same pricing, so MS can't threaten them with removing the special dicounts.

      That's not very much, but it hits on the core issue of MS's monopoly strategy by preventing them "cutting off the airsupply" to non-MS software.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    3. Re:Bureaucratic waste by Anonymous Coward · · Score: 0

      What a complete waste of time. I agree.

      Has the State involvement in this issue achieved anything? No.

      And how much did it COST? Lots.

      We're all sitting here paying tax through our noses. Yes, yes we are.

      Who's spending this money? Bush.

      What are we getting for it? A larger anus.

    4. Re:Bureaucratic waste by Anonymous Coward · · Score: 1, Insightful

      If you'll remember, the case changed trajectories dramatically in 2001. Microsoft had been convicted on pretty much all counts and was facing the prospect of some pretty grim (and effective) remedies. But suddenly, in 2001, the Justice Department decided that since they couldn't drop charges after a conviction, they would do the next best thing and surrender via "a settlement".

      So, yes, we spent a lot of money on this, and we're not getting any benefit. It doesn't mean government oversight doesn't work. It means that when we pay for government oversight that isn't happening, we're screwed.

    5. Re:Bureaucratic waste by NutscrapeSucks · · Score: 3, Informative
      Microsoft had been convicted on pretty much all counts and was facing the prospect of some pretty grim (and effective) remedies.

      This is the classic incorrect version of the story parroted by fools who get their information from Slashdot posts. In reality, the appeals court threw out much of the judgement againt Microsoft:

      http://en.wikipedia.org/wiki/Microsoft_antitrust_c ase#Appeal
      The D.C. Circuit remanded the case for consideration of a proper remedy for "drastically altered scope of liability"

      they would do the next best thing and surrender via "a settlement".

      The Clinton administration repeatedly tried to settle the case, and the Gore adminisration would have done likewise. Bush probably did go a little easier than the democrats would have however. I am absolutely not a Bush defender, just fighting against moronic conspiracy theories put forward by ignorant people.
      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    6. Re:Bureaucratic waste by GooberToo · · Score: 1

      I've never heard that before. I guess it might be true, but let's look at history:

      gov: slam Microsoft...
      gov: slam Microsoft...
      gov: slam Microsoft...
      gov: slam Microsoft...
      gov: slam Microsoft...
      gov: slam Microsoft...
      gov: slam Microsoft...
      gov: We have them were we want them...this is going to hurt!
      Bush comes into office
      gov: Let's settle while you laugh at the silliness of it all...
      Microsoft: *snickering* *wink* *wink* Ok...this is horrible! *wink* *wink*
      gov: Oh you violated the agreement...we'll ignore that.
      gov: Oh you violated again and have yet to comply in other areas of the agreement...we'll ignore that.
      gov: We'll give you two more years of this horrible punishment.

      Seems to me the ton completely changed after Bush took office. So, if Clinton did attempt to settle it was probably on real terms which Microsoft did not want to comply. So, in the final summary, it smells like Bush has made a night and day difference here and there is no blame to share with past administrations.

    7. Re:Bureaucratic waste by Anonymous Coward · · Score: 0

      It took years for AT&Ts monopoly to be broken up by the government. In fact, it took about 30 years before they got split up.

      Its all just a matter of time. Not to say our representitives don't need a little push to get them going.

    8. Re:Bureaucratic waste by Skreems · · Score: 1

      Please show me where I can purchase a machine from Dell without getting charged for a copy of Windows. I've looked, and I can't find it. Hopefully I'm just blind, but I don't think these things are as common as you say.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    9. Re:Bureaucratic waste by trenien · · Score: 1

      But wasn't that one of Bush promises before he got 'elected'?

      If I remember correctly, back in 2000 Bush specifically stated that if he got the office, the charges against M$ would be dropped as fast as possible.

      Not being a US citizen, at the time I couldn't really have cared less who from either Republicrats parties got to the White House except for that little fact.

    10. Re:Bureaucratic waste by YU+Nicks+NE+Way · · Score: 2, Informative

      You should go read the wiki article and learn the history.

      The appelate court basically threw the whole case out. It threw out the Section one claims. It upheld the bundling claims, but required the government to actually show net consumer harm -- recall that the DOJ and the states did have to concede that the bundling of IE into Windows had consumer benefits. The court set a high bar for accepting such a claim.

      Basically, the US looked at the resulting mess, and said "Fooey. We can't get anything out of this." The states, for the most part, said "Fooey. Well, we can get some money out of this." Massachusetts said "We're going to keep fighting this." Reilly got his head handed to them by the District court.

    11. Re:Bureaucratic waste by GooberToo · · Score: 1

      That happened after Bush came into office. It was like someone flipped a switch. One minute things were looking bad for MS. The next, Bush is in and suddenly no one can seemingly touch MS.

    12. Re:Bureaucratic waste by NutscrapeSucks · · Score: 1

      Since you are grasping desperately to this conspiracy theory in the face of evidence, let's think about it.... If the fix was in on the Appeals Court, it was fixed by a higher level than Bush.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    13. Re:Bureaucratic waste by Skreems · · Score: 1

      Hmmm... not a ton of choices, but it's a start. Thanks!

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
    14. Re:Bureaucratic waste by GooberToo · · Score: 1

      One only has to look at recent history (last several decades) to know this type of thing is the norm. Saying something like, "desperately ...looking...fora conspiracy theory", really makes you look whacky! Seriously, this type of thing is not uncommon at all. Thinking it is simply means you're out of touch with reality. I'm sorry, but that's the world we live in.

    15. Re:Bureaucratic waste by Trelane · · Score: 1

      It's also, sadly, rather hidden, particularly for home users.

      --

      --
      Given enough personal experience, all stereotypes are shallow.
    16. Re:Bureaucratic waste by NutscrapeSucks · · Score: 1

      No, your view is "wacky" because it violates the "8th Grade Civics Class" understanding of the world where the judicial branch is independent of the President. Bush did not order the Appeals Court to shread the ruling. Period.

      Now, if you wanted a more interesting theory, you'd look into the financial and personal ties of the appeals judges, etc. Seriously, this type of thing is not uncommon at all.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    17. Re:Bureaucratic waste by NutscrapeSucks · · Score: 1

      Considering that the page starts with a giant disclaimer that's probably intentional. Perhaps they were getting a lot of returns from home users who perhaps weren't exactly the target market for FreeDOS.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    18. Re:Bureaucratic waste by GooberToo · · Score: 1

      No, your view is "wacky" because it violates the "8th Grade Civics Class" understanding of theworld where the judicial branch is independent of the President.

      LOL. And then there is the real world. Grow up. You seriously think the world works the way it does in "books"? Come on. Even odder, you then go on to validate exactly what I'm say out the other side of your mouth. Believe it or not, things like this do not have to be Mr. Bush making a call; which in fact would be very, very, very improbable. Things like this can happen for any number of reasons ranging from reasonable and probable conspiracy or simple alternate interests shared by friends of the GOP where it would be understood a favor would be recognized (which is usually how this stuff happens). Or, as you put it, there can be alternate financial interests. The point of my post wasn't that Mr. Bush can pick up a phone and dial (which could be debated ;); rather, it was that there was a 100% 'bout face immediately after Bush came into office in both passion to pursue and the obvious sway of the court. Things like that don't happen on accident.

    19. Re:Bureaucratic waste by GooberToo · · Score: 1

      "If I remember correctly, back in 2000 Bush specifically stated that if he got the office, the charges against M$ would be dropped as fast as possible."

      I'm not sure that was a quote but it was clear that Bush was siding with "Big Business."; whereby the intent was 100% clear. I believe he's also on the record stating that he did not believe in the court's or the State's decision to pursue Microsoft.

    20. Re:Bureaucratic waste by NutscrapeSucks · · Score: 1

      You tell me to "grow up", but you were unable to express a complex opinion on the topic until I basically lead you to it by the nose. "Someone flipped a switch" is retard-talk, and if you dislike having people assume that you are retard, don't post like one.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    21. Re:Bureaucratic waste by GooberToo · · Score: 1

      LOL! You're pretty sad. To take me to task by agreeing with my original point; yet you had to "lead me by the nose". Are you for real or trolling? If you're not trolling, you have my pitty. If you are trolling, you got me. It's not often I'm suckered by a troll. Good job.

  10. Links to EU situation by xixax · · Score: 4, Informative

    Meanwhile over in the EU, Microsoft has been accused of exaggerating what is being asked for
      and the difficulty of providing it.

    Xix.

    --
    "Everything is adjustable, provided you have the right tools"
    1. Re:Links to EU situation by Irish_Samurai · · Score: 1

      Man, they haven't been accused of anything like exaggerating what is being asked for, their lawyers are doing their job. The testimony of A SAMBA project leader is not a court accusation.

      Also, the problem obtaining it is coming from the Judge, John Cooke, in this instance - not Microsoft.

      The larger problem is that people only get their news from sources that confirm what they wanted to believe in the first place. I'm not advocating either side in this issue, but your post is so anti-MS leaning that its not even funny.

      We're making big headway into finding truth.

    2. Re:Links to EU situation by xixax · · Score: 1

      I agree totally, the testimony of a Samba project leaders is not a court accusation.

      The larger problem is that the truth ends up being what we publicise as being the truth. The Samba PoV suits me better than MS's.

      --
      "Everything is adjustable, provided you have the right tools"
  11. Microsoft and its so called standards by camcorder · · Score: 5, Insightful

    I can only dream of a computing experience, which has lack of unknown formats. I would really be a lot more happy to see wmv files to be played without any problem, or office documents openning flawlessly in various applications.

    Real question is why should we stick to just one application for any format. If every unique application made their own file format, nobody would be able to share anything, and why does Internet ever exists if we won't be able share our documents.

    That's not an open source issue, or free market problem. It's the lack of mentality for sharing of information. People really suffer from these compatibility problems, and if someone made a research about the lost and or wasted time related to these issues, it would be easily seen that it's very huge problem that computer users experience. And with the growing trend of DRM and stuff we will just suffer this more and more.

    People should convert, open, edit any format with any application coded for them. To let this, those willing to create a format, should clearly state specifications for these formats, or clearly state that this format is just for a specific application and should not be shared so that users won't use those files for sharing. A .doc file created with 200x version of Microsoft Word is just like the feces of this application. And if we don't want to make Internet or our networks sewer we should definately stop sharing those crap (literally) through the wires.

    1. Re:Microsoft and its so called standards by Typhon100 · · Score: 1
      Which is why Office 2007 will save files in .docx, .xlsx, etc, which are cabbed xml files. The schema is public and in fact the format is going through the standards process, after which it be an actual standard and no longer controlled by MS.

      Sound like what you want?

    2. Re:Microsoft and its so called standards by Ankur+Dave · · Score: 2, Informative

      To let this, those willing to create a format, should clearly state specifications for these formats, or clearly state that this format is just for a specific application and should not be shared so that users won't use those files for sharing. A .doc file created with 200x version of Microsoft Word is just like the feces of this application.

      In Office 12 (the next version of Office), Microsoft will use an XML-based, open standard for documents. The extensions will be .docx, .xlsx, etc.

      From http://www.winsupersite.com/showcase/office12_insi de_02.asp:

      "Word, Excel, and PowerPoint will ship with new native document formats in Office 12. Files created in these new Open XML formats will be demarked with an addition "x" in the file name extension."

      So the format will be open in future, allowing other applications to be fully compatible with Office documents. It won't be "just for a specific application" anymore.

    3. Re:Microsoft and its so called standards by Twanfox · · Score: 1

      Except that the XML will likely have encoded binary tags in it that will be proprietary. While it LOOKS like it's an open format, because you can mirraculously now read it in a text editor, it won't really be open. How do you render the document just the same if you can't decypher that binary tag data? Looks like the same ol' mess all over again, but with a pretty pink ribbon to make it look ok.

      If the spec is not open so that anyone can read it and produce a product that reads those files, it is NOT an OPEN format.

    4. Re:Microsoft and its so called standards by Tony+Hoyle · · Score: 1

      RTF was an 'open standard for documents' too. MS screwed that up too (RTF support in word is terrible).

      The format is patented. Other applications cannot be fully compatible - they can't even reverse engineer it.

    5. Re:Microsoft and its so called standards by Fred_A · · Score: 1

      Hah, I *might* have believed that they would use a published format. But when you mentionned the 4 letter extention, I knew you were making it all up.

      --

      May contain traces of nut.
      Made from the freshest electrons.
  12. Noooo! by suv4x4 · · Score: 4, Funny

    Relatedly, regulators have cleared Vista of anti-competitive elements.

    Nooooooo! That means the search box remains with MSN selected by default!

    Why can't Microsoft be "fair" and set Google default like with the other browsers!

    I'm devastated.

    1. Re:Noooo! by Anonymous Coward · · Score: 0

      In other news, the google will set its search engine to always return GoogleOS as the first second and third ranked responce to any search query by users of Microsoft's soon to be new operating system, 'Vista'. Google declares, it has a monopoly on internet searches, and therefore should be allowed to leverage itself into the Operating Systems market place, as Microsoft do, into the internet search marketplace.

      Microsoft have responded saying "That's a lie!". And "Microsoft are only providing a 'feature' demanded by their customers, all the people want are good Microsoft solutions, there should be nothing more to fight about, in the marketplace, or the courts." And later a Microsoft representative commented, "Google even pay other companies to have their engine put on the top of lists, companies they don't even own! I can't see that making money. They need to leverage their position to provide an advantage that can destroy any and all competition in their new target marketplace. Perhaps they can lever search queries to start a media empire. .. erm.. wait are you recording this.. can we forget I said that.. no? fa..*COUGH* yar..aYAr.. I'm druuunk... you wouldn't accurately describe a retarded person would you?"

    2. Re:Noooo! by Anonymous Coward · · Score: 0

      In other news

      In other news grow up. That was a terrible analogy.

    3. Re:Noooo! by Anonymous Coward · · Score: 0

      Well, MS makes money off every search. No other browser else does, they all have flat agreements with Google.

      Way to be evil, MS!

      Way to suck their dick for no good reason, Mr. SUV 4x4. Enjoy your gas prices, and I hope you hit someone and get sued because of your bigger blind spot.

  13. so, since the DOJ judgement by yagu · · Score: 4, Insightful

    What I don't understand is that since the DOJ judegement against Microsoft they've had time to rewrite their entire flagship OS from scratch, yet still haven't been able to document it? How naive does the government have to be?

    1. Re:so, since the DOJ judgement by Anonymous Coward · · Score: 0

      How naive does the government have to be?

      You misspelled corrupt.

    2. Re:so, since the DOJ judgement by Anonymous Coward · · Score: 0

      They haven't rewritten the entire OS from scratch; frankly, I'm not certain how such a dumbass rumour even got started.

    3. Re:so, since the DOJ judgement by Anonymous Coward · · Score: 0

      The point of the original poster was not that they have rewritten the OS from scratch (nor that they have tried).

      The point was that they have had plenty of time to produce the documentation. So much time that, should they have really wanted to, they could have rewritten the whole friggin OS.

  14. What alternaative? by xixax · · Score: 1

    So where is the failure? And what is the alternative?

    Perhaps there is too much corporate involvemeent in the State.

    How much taxpayer money is being spent to create and maintain exclusive scarcity for MS and other IP claimants?

    Xix.

    --
    "Everything is adjustable, provided you have the right tools"
  15. Real Issue by Anonymous Coward · · Score: 4, Interesting

    (rant mode)

    I dont know if this issue has been looked at by the US or EU but it is much more of a concern to me that MS is activly releasing / selling software that is so insecure to the point that it seems to go out of its way to prevent techies and end users from properly securing it in order to keep (often confidential) data safe from malware, viruses etc.

    There is also the wider issue of MS through their lack of a proper security model facilitating the creation and operation of botnets which are used to the detrement of users, businesses and the internet at large.

    I use Windows and find it annoying that I need to apply 3rd party apps in an attept to minimise security risks to my computer when the OS maker should have secured the software before release.

    Its not that I hate MS for their propriatory nature etc but I find myself trying a few Linux distos in an attmept to find a viable alternative although I am into the frame of mind that for my next computer purchase I will go for a mac depsite the high prices and the fact that I enjoy building my own systems.

    If Windows worked properly and had a good security model then I would be happy; I think MS are wasting their time trying to fight the "pirates" and that their real problem (and as such priority) should be to make an OS that is suitable for widespread use. They should secure their software and if they feel the need add an "anti-piracy" function like activation, genuine advantage etc then whatever but make the software safe for people to use first.

    (/rant mode)

    1. Re:Real Issue by Typhon100 · · Score: 1
      Ahh, but if MS shipped security software as part of windows, wouldn't that be "abusing their monopoly?"

      You can't complain about lack of competition and having to use 3rd party programs at the same time.

    2. Re:Real Issue by Anonymous Coward · · Score: 0

      Why should they secure it when over 90% of all computer users are using it as is? If you are running their shitware, then you have no room to complain about it.

  16. Uh, no. by jd · · Score: 5, Insightful
    The court case was intended to stop Microsoft designing OTHER people's software by means of lawyers and judges. (That's why they refer to "anti-competitive".)


    I don't approve of laws designing software, but I have absolutely no problem whatsoever with stopping people abusing laws to prevent software from being designed. I also have no problem with laws that enforce progress.


    (The State of Oregon recently received some thinly-veiled threats from Microsoft's CEO over Oregon's active support for Open Source - both towards Oregon and towards all Microsoft shops in Oregon. Although not a part of the DoJ lawsuit, and therefore probably not a part of this review, I would feel a lot more comfortable if States receiving such threats reviewed their legality. Last I heard, "demands with menaces" was not considered an OK activity.)

    --
    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:Uh, no. by DAldredge · · Score: 1

      I have not heard that about Oregon - could you please provide a link?

    2. Re:Uh, no. by Anonymous Coward · · Score: 0

      OK, give them 2 more years of watching them break laws. That'll show them!

    3. Re:Uh, no. by stripe42 · · Score: 2, Informative
      I don't think I found the gp's reference, but this story was interesting:
      http://www.oregonlive.com/newslogs/oregonian/index .ssf?/mtlogs/olive_oregonian_news/archives/2006_05 .html

      Ballmer to Oregon: Open-source lacks innovation and creates few jobs

      In Portland today to help dedicate Portland State University's new engineering building, Microsoft chief executive Steve Ballmer said Oregon needs to continue investing in higher education if the state wants to be competitive globally in attracting technology jobs -- and he downplayed open-source software as a minor economic contributor.

      "All the great technology centers are characterized by great technology universities," Ballmer said in an interview this morning.

      Microsoft donated $200,000 toward a $53 million upgrade to PSU's Maseeh College of Engineering and Computer Science, which includes the brand-new $35 million engineering building dedicated this morning and a new Microsoft lab. Ballmer said Oregon has the necessary ingredients for an increasingly robust high-tech economy -- given the large presence of Intel and other technology companies in the state -- but needs to continue investing in higher education to capitalize on that opportunity.

      Oregon is a hub for open source software development, which is created collaboratively and generally given away free. An open source operating system called Linux is the chief rival to Microsoft's Windows. In this morning's interview, Ballmer said open source has a role in the technology world but that it hasn't contributed much to innovation or to economic achievement.

      "There aren't that many jobs being created by anything out of open source," Ballmer said. In contrast, he cited a study commission by Microsoft that indicates the company and its partners contribute $3 billion to Oregon's economy.

      "There's no innovation that we've seen come out of at least Linux," Ballmer said. "Linux is a clone of a 30-year-operating system."

      - Mike Rogoway
    4. Re:Uh, no. by Anonymous Coward · · Score: 0

      I certainly hope not, but sometimes Oklahoma surprises us all....

  17. An automotive precedent by xixax · · Score: 1

    Pesky gubmint, I want my gas guzzling death trap behemoth with no seat belts and impaling steering column!

    Yeah, I know the market would have delievered it without Nader.

    Xix

    --
    "Everything is adjustable, provided you have the right tools"
    1. Re:An automotive precedent by DigiShaman · · Score: 1, Offtopic

      If motorcycles are still legal, then why not? I for one would love to have a simple sport roadster with none of that high-tech safty shit that adds 2/3rds the total cost. Just give me a Miata with 400+ HP under the hood for 12 grand. It CAN be done, far cheaper even. But it will NEVER happen do to all the beurocratic overhead in legal costs.

      --
      Life is not for the lazy.
    2. Re:An automotive precedent by xixax · · Score: 1

      Consistent, rarional government is too much to hope for. And all that tech stuff has made cars cheaper if more disposable.

      FWIW, I think the best approach to cars, bikes, mountain climbing, smoking, drugs is to build in any costs to the public and let people do whatever they want to themselves. Not very likely I know.

      Oh, and you *can* still get the car I describe, only it's called a HumVee.

      Xix.

      --
      "Everything is adjustable, provided you have the right tools"
  18. What a bunch of Crap by RedHatLinux · · Score: 3, Insightful

    When the average person violates probation, they go straight to prison. They dont get a trial or a hearing to prove their innocence, nor does the state give them more time to get it right, or get their affairs in order.

    1. Re:What a bunch of Crap by Thnikkaman · · Score: 1

      Good idea! Let's throw Microsoft in prison. Er... wait...

    2. Re:What a bunch of Crap by SecureTheNet · · Score: 3, Informative

      When the average person violates probation, they go straight to prison. They dont get a trial or a hearing to prove their innocence, nor does the state give them more time to get it right, or get their affairs in order.

      When the average person violates probation they are giving a probation violation hearing. The judge takes a look at the violation and can give prison time, but can also give community service, depending on the violation.

      --
      SecureThe.Net - Practical Resources for Securing Systems
    3. Re:What a bunch of Crap by budword · · Score: 0

      You don't know many people on probation do you ? I have an Aunt on paper, with 43 years hanging over her head, she has never once had a clean drug test, missed P.O. meetings, disappear for weeks at a time. Took them 2 years to do anything at all, then they sent her to a treatment program, that she flunked out of, then they sent her to a second treatment program, that happened to be located in a prison. Only after she flunked out of that program too did they put her away for a while. Probation is a joke.

    4. Re:What a bunch of Crap by Monkeys!!! · · Score: 1

      It's different rules for different situations. A person is a very different legal entity to a coporation. You can't "jail" a corporation. You can fine it heavily or restrict their buisness activities, which is, IMO, what should of happaned.

  19. Settled by bblboy54 · · Score: 4, Insightful

    The best word in the whole article is "settled" ... Microsoft settled with the government. This means if I get pulled over for speeding, I can settle with the office by giving him $50 and him leaving me alone, right? When you settle in court, you settle with the person you wronged.... You can't settle with the enforcement -- or at least shouldnt be able to. Your punishment is your punishment.

    1. Re:Settled by geekoid · · Score: 1

      you can got to court, and then settle your ticket.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Settled by Ohreally_factor · · Score: 1

      You've made a mistake, confusing criminal and civil courts. In a civil case, the defendant and the plaintiff may settle. In criminal matters the prosecution might offer the defense a deal, sometimes in consultation with the victims, sometimes not. In a criminal case, the prosecutor represents "the people", not the victims, although surely they are motivated to "get justice done for the victims", and will often want to get approval from the victims for plea bargain terms.

      Just to review:

      Criminal case: Prosecution, Defense

      Civil case: Plaintiff, Defense

      --
      It's not offtopic, dumbass. It's orthogonal.
    3. Re:Settled by bblboy54 · · Score: 1

      I understand the difference between the types of court but I had thought that the prosecuter would have to communicate with the person who filed the complaint but thats apparently where I was mistaken. Thanks for the info tho.... definately appriciated.

    4. Re:Settled by adtifyj · · Score: 1

      You've made a mistake, confusing criminal and civil courts.

      Anti-trust is supposed to be a criminal matter. The DOJ has refined the law so that only three types of violations are considered criminal: price fixing, bid rigging, and market allocation schemes.

      Microsoft has been found guilty of two of the three illegal activities.

    5. Re:Settled by Hal9000_sn3 · · Score: 1

      What if in this particular case the entity that was wronged was not the government, not the customers, and not the competitors, but instead was the so-called marketplace. How do you propose that Microsoft remedy the wrongs they were accused of, if it is really the whole natural order of things that are supposed to happen in a free-market environment that Microsoft's behavior had upset?

      Just wondering.

    6. Re:Settled by Anonymous Coward · · Score: 0

      Anyone can "settle" with the government regarding criminal offences. It's usually called a plea bargain.

      I'm not too sure about the States, but up here in Canada if you get a speeding ticket and choose to fight it in court, you are pretty much guarenteed a lower fine if you show up on the court date and talk to the crown (prosecutor). They "settle" all the time. The more you know, eh?

    7. Re:Settled by Ohreally_factor · · Score: 2, Informative

      Oh, the generally do consult with victims, but they are neither representing the victims nor are their decisions bound to the wishes of the victims.

      The most obvious type of case where a prosecutor would not follow the wishes of a victim is in a spousal abuse case where the abused spouse didn't want to press charges (for whatever reason). So long as the prosecutor has enough evidence to proceed, he or she would be required to press on with the case.

      --
      It's not offtopic, dumbass. It's orthogonal.
    8. Re:Settled by Frankie70 · · Score: 1


      When you settle in court, you settle with the person you wronged


      What about plea bargaining?
      Are you settling with the court there or with
      the person you wronged?

    9. Re:Settled by maxume · · Score: 1

      The prosecutor estimates his chances of winning a trial and weighs that against the punishment he thinks he can get in a settlement. The accused does the same thing. If they agree, they settle.

      You are doing the same thing when you pay a ticket without a hearing. You are making it clear that you don't think your chances of getting the ticket overturned are high enough to spend your time trying. You settle for paying the ticket in exchange for not wasting your time(and the courts time, etc).

      --
      Nerd rage is the funniest rage.
  20. This work out by IlliniECE · · Score: 0

    Ahh.. just long enough for Vista to come out.

  21. no no not microsoft.. it's friday.. by Anonymous Coward · · Score: 0

    Friday we hate Sony..

    Microsoft hating is so wednesday..

    SCO hating is every other day of the week.. except monday.. monday we hate the patent office.

    1. Re:no no not microsoft.. it's friday.. by mikerm19 · · Score: 0

      If businesses would quit giving us reasons to hate them, it wouldn't matter what day it was. Microsoft is getting away with breaking the law, and people should know about it, even if it was Saturday or Sunday.

  22. Unjust by fishbowl · · Score: 4, Insightful

    So, Microsoft violates their probation. What *should* happen is this:

    The company should be disbanded, all its assets forfeited and sold at auction. Anyone on the executive committee of the company, and anyone else who knew or should have known that this violation would have occurred, should be sentenced to at least ten years in prison, and their personal assets forfeited and auctioned off.

    Nothing less that that would happen to you or me and the company we controlled, if we purposely used our company to violate federal laws. The last thing we'd hear from a judge is "I see you are having trouble complying with the orders of this court. Perhaps if we give you a few more years to work on it you can get back to us on how you're coming with the whole court-mandated actions thing, okay?"

    You and I wouldn't get that treatment. We would go to prison, our assets woudl be seized, and it wouldn't make the news.

    --
    -fb Everything not expressly forbidden is now mandatory.
    1. Re:Unjust by Original+Replica · · Score: 1

      The company should be disbanded, all its assets forfeited and sold at auction. Anyone on the executive committee of the company, and anyone else who knew or should have known that this violation would have occurred, should be sentenced to at least ten years in prison, and their personal assets forfeited and auctioned off.
      In other news, Microsoft HQ moves to India, all the top execs are offered amnesty in India. US economy collapses. Microsoft CEO Bill Gates has more wealth than the bottom 45 percent of American households combined. http://www.cooperativeindividualism.org/wealth_dis tribution1999.html

      --
      We are all just people.
    2. Re:Unjust by BradleyUffner · · Score: 2, Insightful

      Do you have any idea how much this would cost the government, corporations, and small businesses? All their support would instantly vanish, they would all have to do a massive retool of almost every piece of software they own, or have developed independently. Doing what you propose would decimate the US economy. If you thought the unemployment of Tech people after the internet bubble burst was bad, your idea would cause an utter nightmare.

      There are bigger issues here to consider then a few people's hate for Microsoft.

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

      Just re-read that drunken drivvel and ask yourselves how someone somewhere said insightful

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

      OK, he goes to India. Everything he owns is siezed.

    5. Re:Unjust by Beryllium+Sphere(tm) · · Score: 1

      >"I see you are having trouble complying with the orders of this court."

      This made me think of Clippy. "It looks like you are trying to weasel out of a court settlement. Would you like to
      o Hire more lawyers,
      o Keep delaying until the pressure is off,
      o obey the law?"

    6. Re:Unjust by sexyrexy · · Score: 1

      You go to jail and have your assets seized for fraud, not for traffic violations. "Anti-competitive behavior" is the speeding ticket of corporate crime. Fraud gets the company disbanded. Plus, no one gives a shit if you or I go to jail or lose all our money except us. An entire industry and thousands upon thousands of jobs and the investment of millions of people in stock would be severely damaged. When considering cases like this, it's not so simple as comparing a person to a major multinational corporation.

      --

      Rex is 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    7. Re:Unjust by fishbowl · · Score: 1, Insightful

      >Do you have any idea how much this would cost the government, corporations, and small businesses?

      I don't care. The alternative is to set aside the rule of law, and that's worth the blood of every last able-bodied person in the nation, many of whom have in the past in fact given their lives in order that it can be sustained.

      When an entity becomes powerful enough that it can set aside the rule of law, the law has no meaning, and the nation is no more.

      --
      -fb Everything not expressly forbidden is now mandatory.
    8. Re:Unjust by fishbowl · · Score: 1

      >Just re-read that drunken drivvel and ask yourselves how someone somewhere said insightful

      Routinely and repeatedly violate court orders and see how long the court treats it like a joke. "Speeding ticket", indeed.

      Do we have a rule of law, or don't we?

      --
      -fb Everything not expressly forbidden is now mandatory.
    9. Re:Unjust by Tim+C · · Score: 1

      The company should be disbanded, all its assets forfeited and sold at auction.

      So the tens of thousands of employees and their families should be punished because of the disregard of the law of a few people at the top of the company? Nice.

      If a company flagrantly violates the law like this, those responsible should be brought to trial. The whole concept of incorporation protecting the individuals involved from responsibility for their actions is bullshit. However, destroying the entire company and thus punishing all of their employees, from those responsible right down to the canteen workers, janitorial staff, secretaries, etc is bullshit too.

    10. Re:Unjust by suv4x4 · · Score: 1

      The company should be disbanded, all its assets forfeited and sold at auction.

      You forgot the part where Microsoft should give free mony and blonde chicks to anyone who stood for Linux and OSS throughout the years.

      Why won't Slashdotters just grow up, damn it :(

    11. Re:Unjust by suv4x4 · · Score: 1

      When considering cases like this, it's not so simple as comparing a person to a major multinational corporation.

      Voice in a desert. It's the same damn old discussion everytime an article about MS is posted. Maybe we should just ignore the little MS hater trolls.

    12. Re:Unjust by petermgreen · · Score: 1

      well if they seized the assets then they could opensource them if continued availibility was a concern.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  23. One word... by gardyloo · · Score: 3, Insightful

    How naive does the government have to be? ... "nucular".

    1. Re:One word... by Anonymous Coward · · Score: 0

      Funny maybe, but not insightful... From http://en.wikipedia.org/wiki/Nucular ...

      "US Presidents Dwight D. Eisenhower, John F. Kennedy, Gerald Ford, Jimmy Carter, Bill Clinton, and George W. Bush (but not his father, George H. W. Bush) have all used this pronunciation. Jimmy Carter in particular had served as an officer on the United States Navy's first experimental nuclear submarine, and would have been well exposed to both pronunciations."

  24. Re:Relatedly??? by Ohreally_factor · · Score: 2, Informative

    Definition.

    I'm all for giving the editors a hard time when they fuck up the English language, but this isn't one of those times.

    --
    It's not offtopic, dumbass. It's orthogonal.
  25. campaign donations? by ninjaz · · Score: 3, Insightful

    The cynic in me suspects this is a move to ensure that the huge bribes^H^H^H^H^H^Hcampaign donations keep rolling in from Microsoft at least through the next US presidential election. The only real downside of this ruling for Microsoft appears to be the risk of a less-friendly attorney general taking office -- that is, through a Republican Party loss in the 2008 presidential elections.

    1. Re:campaign donations? by OmegaBlac · · Score: 1

      Remember, Microsoft donates to both major political parties so it is a win-win situation for them either way regardless if its a Republican or Democrat administration in power. They have learned their lessons from what their competitors pulled in the 90s USDOJ anti-trust case against them.

    2. Re:campaign donations? by BCW2 · · Score: 1

      That is absolutly correct. Anyone that thinks that one party is less "for sale" than the other is a fool, any one of those politicians can be had for the right campaign donation, speaking fee, hooker, or whatever they want at the moment. Party affiliation has never mattered. After all that great Democrat Lyndon Johnson is the one that said "I like an honest politician, once he's bought he stays bought".

      --
      Professional Politicians are not the solution, they ARE the problem.
  26. Don't forget... by Anonymous Coward · · Score: 0

    Europe's fine!

  27. Perhaps a silly question... by yobjob · · Score: 1

    ...why are they still allowed to include internet explorer with windows?

    1. Re:Perhaps a silly question... by Davus · · Score: 1

      Eh, a web browser is pretty much a core to any modern day operating system. If the user had no web browser, even if they had intentions of downloading an alternative, they would not be able to retrieve one in the first place.
      Have to toss something in. ;)

      --
      The above is most likely humour. Slashdot foot icon goes here.
  28. In Other News... by Anonymous Coward · · Score: 0

    Microsoft Vista was delayed for an additional two years. Microsoft insisted the time similarity of the delay and court order were only a coincidence and had absolutely nothing to do with them trying to hijack standards.

  29. without even looking by Timesprout · · Score: 1

    usual monopoly crap i imagine

    instead of moaning about what people willingly spent their hard earned cash on offer a compelling alternative. Then you can have the moral high ground.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
  30. Or... by rajafarian · · Score: 1

    The average person also doesn't get to haggle over their punishment.

  31. that Dick Cheney joke... by Anonymous Coward · · Score: 1, Funny

    ... is costing Bill now. Although it was pretty funny at the time ("Real glad to be here, my other invite was to go hunting with Dick Cheney").

    Plus, Preston Gates is no longer helping out.

    -- more cynical than you

  32. Parent is right - but no one listens by DesireCampbell · · Score: 1, Interesting

    True that. True that.

    The problem lies not with Microsoft doing anything illegal, or unethical, and even the bundling of software isn't the problem - it's doing it while being popular that's the problem.

    Everything Microsoft has done either is being done or was being done not too long ago by other software development companies.

    The problem is that Microsoft succeeded by doing this, while the others did not.

    Take Apple, for example, they bundle a lot more into their OS than Microsoft does but they aren't even glanced at. Including the 'search' feature that is talked about in TFA pales in comparison to Spotlight in OSX - but no one has a problem with Apple.

    Others will raise the fact that "it's different for Microsoft because they have a monopoly". Which is true - but they have a monopoly because their Operating System is designed to work on the most popular systems available. Almost anyone can install Windows on almost any computer.


    It's not like Microsoft designs their OS to work only with the machines they build in-house.

    In fact, they can't. They'd never be allowed to. They're not allowed to do a lot of things that every other company is allowed to.

    Personally I believe it's wrong to impose such huge regulations (that stem from laws that were never meant for this kind of business) on Microsoft. A lot of these regulations are ridiculous (though some do promote competition).

    My biggest problem with the continued litigation and dragging down of Microsoft with superfluous rules is that it doesn't help the consumer. These regulations are supposed to help the consumer - but they don't.

    There's no excuse for the EU forcing Microsoft to un-bundle Media Player from Vista. I mean, come on, I thought that was the most retarded thing I'd ever heard.

    But then they decided a 'search' feature might be too much.

    --
    Whoo, signature!
    DesireCampbell.com
    1. Re:Parent is right - but no one listens by Traiklin · · Score: 1

      I understand Microsoft has a monoply, no problems there but what I don't get is how you summed everything up.

      Microsoft doesn't force anyone to use the programs that are pre-installed on the system.

      First thing I do after reinstalling windows is head to ATI and get my graphic card drivers (naturally) then I go and get the programs I want.

      Sure Media player is there but I consider it bloated for what I use, so I go and grab media player classic cause it does what I want and it's not bloated. Infact the ONLY thing I use Media Player for is to get music on my MP3 player (cause I haven't found a program that works with it, never looked hard though).

      For DVD's I use PowerDVD cause I like the way it looks (but then I only use it to test movies I make to make sure they turn out properly)

      I use IE to head over to firefox and get that install it and use it as my default browser. I then grab Thunderbird and use it as my default email client, Simply because I never cared for Outlook (no clue why just never did).

      Not once have I seen a window pop up saying I can't install them/I shouldn't install them because I already have a program on My PC that takes care of that.

      Why don't they go after the 360 while they are at it? it's the only system to offer a wireless controller , Hard drive Headset and a couple other things out of the box (Remember this is right now) the PS2 & Gamecube don't offer this it's a monopoly cause they are including things that their competetors don't for free! they aren't FORCING anyone to use the stuff, they aren't FORCING anyone to buy it but when they do they get alittle something extra for free.

      As much as I hate microsoft what they went after them for was pointless, They were trying to make it easier for the end user to just turn on the computer and have it work. If they didn't include Media player your average computer user wouldn't know how to play a video cause there is no player (as it is with the different codecs it makes it hard enough), so they want to go look for a player but suprise! they had to take IE out of the OS so you don't even have the web anymore, it was considered anti-competative and they were forced to take it out, so now what are you to do?

      Just like when they first got taken to court and had to take Office out of Windows, who did this hurt more? Microsoft or the end user?

      When I went from Windows 95 to windows ME (I know, one shitty OS to another shitty OS) I wondered what had happened to all the stuff that was in 95, Word was gone (which my mother used on a daily basis) yet I had no clue what to tell her, I went searching and found out they were forced to take it out cause it was anti-competative. I just couldn't (and still can't) wrap my mind around this, Were there really that many word proccesing programs out there that microsoft including one in their OS hurt buisness?

      I didn't learn about OpenOffice till like 2003 and when I tried to use it it kept crashing and was way to bloated (it's better now though), I did find one program called ABIWord (I think that was it, their mascot was an Ant) but it crashed CONSTANTLY, my mother couldn't open a document for more then 5 minutes before it errored.

      so in the end, the government forcing microsoft to split Office from Windows did basically nothing except cause my mom problems with the documents she had from windows 95, since she could no longer open them without Office.

      Like a few people said above, they are only going after Microsoft because they are the most widely used OS. If it was Apple they would be going after them, if it was Linux they would be going after them.

      Now what they should go after microsoft for is their tactic of signing a contract to publish a program, take the source code, finish it up, cancel the contract, claim ownership the program and either sue the crap out of the company they were going to help or just let them rot away.

    2. Re:Parent is right - but no one listens by Overly+Critical+Guy · · Score: 2

      Take Apple, for example, they bundle a lot more into their OS than Microsoft does but they aren't even glanced at. Including the 'search' feature that is talked about in TFA pales in comparison to Spotlight in OSX - but no one has a problem with Apple.

      Apple's not a monopoly.

      Others will raise the fact that "it's different for Microsoft because they have a monopoly". Which is true - but they have a monopoly because their Operating System is designed to work on the most popular systems available. Almost anyone can install Windows on almost any computer.

      What does that have to do with them being a monopoly? They're still a monopoly and can't leverage their monopoly position to prevent market competition. If Microsoft designs an OS for everybody's computers, and it becomes popular, that doesn't magically give them the right to tie their browser to their search engine and their music to their media player using their media technologies, etc. etc. etc.

      My biggest problem with the continued litigation and dragging down of Microsoft with superfluous rules is that it doesn't help the consumer. These regulations are supposed to help the consumer - but they don't.

      Of course it does! It helps the consumer because it helps competing, superior products when entering the market. They don't have a gigantic convicted monopolist tying things into the dominant platform to make it so nobody else can compete with anything.

      Or do you think it's okay for Microsoft to have threatened OEMs in the 90s with increased Windows licensing fees (and even outright revocation) if they included software from other companies that competed with Microsoft products? That would kill any OEM, because Windows is the dominant monopoly platform--a classic case of coercion through leveraging the monopoly.

      --
      "Sufferin' succotash."
    3. Re:Parent is right - but no one listens by KwKSilver · · Score: 4, Informative
      The problem is that Microsoft succeeded by doing this, while the others did not.
      The real problem is that MS broke the law in order to succeed. In the eyes of many, it is continuing to break the law whhile thumbing its nose at those trying to get it to obey the law. Or do you believe MS should be above the law? How is allowing MS to use illegal methods to exterminate the competition in any field going to help the consumer in the long run? When they have finished crushing everyone else, they will be able to charge $100, or $200 a month, or $500 a month for their OS, and there won't be anything you can do about it, except to pay up or quit using your computer!
      Almost anyone can install Windows on almost any computer.
      Oh really,how about a SPARC? or a ppc-Apple MAC? Seriously, hand Joe-Sixpack an OEM disk and ask him to install it on a blank hard drive, and get everything sound, video etc working right. Bring some sandwiches & a thermos of coffee... or a case of beer & a couple of pounds of pretzels... whatever floats your boat. Should be a full day of amusement. OTOH its 20 or 30 minutes with Mepis, Ubuntu or even PC-BSD. Chances are good ol' Joe won't have to know spit--or even be sober. Actually, the last time I installed FreeBSD took less time than the last time I installed XP, even including writing the .xinitrc file and enabling sound--both of which required less time than loading video or sound card drivers for XP.
      --
      If you want your life to be different, live it differently.
    4. Re:Parent is right - but no one listens by DesireCampbell · · Score: 1

      Yes, everything you've said is well thought out, non-inflammatory, and completely true - but you, like every other "pro Microsoft" comment will be modded down. I guarantee it.

      --
      Whoo, signature!
      DesireCampbell.com
    5. Re:Parent is right - but no one listens by DesireCampbell · · Score: 1

      You fail to think about anything you say... Let's break it down.

      They're still a monopoly and can't leverage their monopoly position to prevent market competition.
      That's the law, yes. They aren't allowed to. It's completely and irrefutably wrong to force people to buy their software and force them to use only their software. But there's nothing stopping you, let me repeat that, NOTHING STOPPING YOU from installing other software. "Holy shit! Google Earth is tied into Google Search! That's wrong!" No, it's connecting all of your products together. No one can possible say that that's a bad idea.

      If Microsoft designs an OS for everybody's computers,
      read: "If they make Windows".

      and it becomes popular,
      read: "Windows".

      that doesn't magically give them the right to tie their browser to their search engine
      So Windows shouldn't have anything integrated into it? Where do you draw the line there? They aren't allowed to tie in MSN search with IE - what about the generic 'Search' function? It's ties into the OS itself, you're not up in arms about that. Oh, that's right - you're an idiot.

      and their music to their media player using their media technologies, etc. etc. etc.
      Their 'Media Player' shouldn't use their own 'media technologies'? Like iTunes and iPods? Again, no one's upset about that.



      It helps the consumer because it helps competing, superior products {enter] the market.
      Forcing Microsoft to share their APIs does indeed help create more products. Of course, Microsoft, because of all the litigation, has had little time to actually do anything themselves (there hasn't been a new Windows in 4 years) - so in that respect it has stifled creativity and improvement of THE ACTUAL PRODUCT.

      They don't have a gigantic convicted monopolist
      For Christ's sake: being a monopoly is NOT ILLEGAL. It's that kind of thinking that allows the continued MS-Bashing.

      tying things into the dominant platform to make it so nobody else can compete with anything.
      Oh, I'm sorry - I didn't install that Windows XP that wouldn't allow me to install FireFox. I must've gotten a fluke copy that didn't prevent non-Microsoft products.



      Or do you think it's okay for Microsoft to have threatened OEMs in the 90s with increased Windows licensing fees (and even outright revocation) if they included software from other companies that competed with Microsoft products? That would kill any OEM, because Windows is the dominant monopoly platform--a classic case of coercion through leveraging the monopoly.
      No! That is illegal - absolutely illegal. But NOT just for monopolies. It'd be illegal for any software company to EXTORT a manufacturer.
      Of course, your problem here seems to be with the fact that you wouldn't be able to get non-Windows default programs from the manufacturer. You, again, completely ignore the fact that Apple is THEIR OWN manufacturer. If Microsoft did what Apple does (creates both the hardware and software and sells it together themselves) you'd shit a brick. But, again, you don't bat an eye at Apple.

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    6. Re:Parent is right - but no one listens by DesireCampbell · · Score: 1

      The real problem is that MS broke the law in order to succeed. In the eyes of many, it is continuing to break the law whhile thumbing its nose at those trying to get it to obey the law. Or do you believe MS should be above the law? How is allowing MS to use illegal methods to exterminate the competition in any field going to help the consumer in the long run? When they have finished crushing everyone else, they will be able to charge $100, or $200 a month, or $500 a month for their OS, and there won't be anything you can do about it, except to pay up or quit using your computer!
      I agree, that is the real problem. But they aren't being investigated for that. They were, and they've been marginally penalized. They should be punished more for it - but no one's arguing about that.


      Oh really,how about a SPARC? or a ppc-Apple MAC? Seriously, hand Joe-Sixpack an OEM disk and ask him to install it on a blank hard drive, and get everything sound, video etc working right. Bring some sandwiches & a thermos of coffee... or a case of beer & a couple of pounds of pretzels... whatever floats your boat. Should be a full day of amusement. OTOH its 20 or 30 minutes with Mepis, Ubuntu or even PC-BSD. Chances are good ol' Joe won't have to know spit--or even be sober. Actually, the last time I installed FreeBSD took less time than the last time I installed XP, even including writing the .xinitrc file and enabling sound--both of which required less time than loading video or sound card drivers for XP.
      Oh come on now. That's just stupid. I know that there are a lot of computers that won't run Windows - I said "Almost anyone can install Windows on almost any computer." 90% of all computers in working condition can run windows. That's what "almost any" means, jackass.

      You honestly believe that Joe Sixpack would be able to install Linux, but not Win XP? Are you sure? Have you installed XP recently? You put the disc in, and follow the instructions. There are no wrong options either, it's just next... next... next...

      You give Joe there anything but a Live-CD and he won't be able to install Linux any better than XP.

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    7. Re:Parent is right - but no one listens by Anonymous Coward · · Score: 0

      Yes, you don't have to use the bundled apps. Except

      1) You can't not install. A hole you don't want is possible.
      2) IF you look at a WMV10 file, WMP will open up.

      Why is 2 a problem? MS talks to the comtent providers and says "90% of user machines have WMA. Produce your stuff in WMA format and you'll get definite penetration without having to get users jumping through hoops". THEY don't know you don't use WMA and it doesn't matter, they can make the choice for you.

    8. Re:Parent is right - but no one listens by Anonymous Coward · · Score: 0

      No doubt, every one of your posts from now on will be mod-bombed into oblivion, no matter how insightful your posts will be. At the same time, however this juvenile comment will be modded up for sure.

    9. Re:Parent is right - but no one listens by AstronomicUID · · Score: 1

      You honestly believe that Joe Sixpack would be able to install Linux, but not Win XP? Are you sure? Have you installed XP recently? You put the disc in, and follow the instructions...
      You give Joe there anything but a Live-CD and he won't be able to install Linux any better than XP.


      Have you installed Ubuntu recently? Not rocket science either. With many hardware you don't even need to reach for your drivers CD, it works "out of the box". In my experience, you always have to install at least one external (non-MS) driver manually in the case of XP.

      --
      You must write The Book, and then tear away belief. Only you can save the light of man --Gary Numan
    10. Re:Parent is right - but no one listens by Overly+Critical+Guy · · Score: 1

      Okay, so you're one of those drooling Windows fanbois who thinks Microsoft is a victim. Let's do this.

      That's the law, yes. They aren't allowed to. It's completely and irrefutably wrong to force people to buy their software and force them to use only their software. But there's nothing stopping you, let me repeat that, NOTHING STOPPING YOU from installing other software.

      Yes, there is, there ABSOLUTELY IS. Windows dominance means Microsoft can ship antivirus software and put third-party antivirus software out of business. They can tie their browser to their search engine, putting other search engines out of business. They can leverage their monopoly platform to kill competing technologies like OpenGL by crippling its performance, as they're doing in Vista. They can withhold key APIs that only they know, which has gotten them in trouble with the EU because developers can't compete with the Microsoft software that better integrates with the dominant Microsoft platform. And you're ignoring the coercion deals of the 90s where OEMs absolutely were prevented from installing other software.

      So Windows shouldn't have anything integrated into it?

      Cite where I said that. Next.

      Where do you draw the line there? They aren't allowed to tie in MSN search with IE - what about the generic 'Search' function? It's ties into the OS itself, you're not up in arms about that. Oh, that's right - you're an idiot.

      Clearly, you haven't even read up on the issue. Google wanted Microsoft to offer a dialog on startup giving the user a choice of search engines to use, because IE7 currently makes it a process that most people won't go through.

      I don't know what your filesystem search quip has to do with anything other than for you to baselessly call me an idiot because your arguments obviously don't hold up as well as my own. I'm not worry about filesystem search because Windows is so incredibly behind everything else that Google, Apple, and others have already beaten them to desktop search.

      Their 'Media Player' shouldn't use their own 'media technologies'? Like iTunes and iPods? Again, no one's upset about that.

      Windows Media Player wants to tie everyone to WMA, so that you're forever stuck using Microsoft technologies and players.

      iTunes uses the following open formats:
      WAV
      AU
      AAC (MPEG-4)
      AU
      MP3
      M4V

      Basically, your argument has no basis at all. And iTunes is the only one that's cross-platform, unlike that crappy Windows Media Player app that nobody uses.

      Forcing Microsoft to share their APIs does indeed help create more products. Of course, Microsoft, because of all the litigation, has had little time to actually do anything themselves (there hasn't been a new Windows in 4 years) - so in that respect it has stifled creativity and improvement of THE ACTUAL PRODUCT.

      Oh, my. This takes the cake for the best spin-job from a Microsoft fanboi that I've ever seen. You're apparently arguing that it's the litigation that is magically preventing Microsoft's software developers from finish Vista, as opposed to:

      1.) A bogged-down process populated by too many managers and spec sheets, as documented by current Microsoft employees like Mini-MSFT

      2.) Very poor management by Steve Ballmer and Bill Gates

      3.) Completely starting over in 2003 because the creaky Windows codebase couldn't handle all the proposed features.

      4.) The massive bloat and size of a company like Microsoft which stifles its nimbleness against smaller competitors who manage to outdo them (Apple and OS X).

      No, instead, it's the evil EU for demanding Microsoft release documentation for its secret APIs that's delaying Vista. Hilarious. Sorry, Vista has taken six years because Microsoft can't cut it anymore when it comes to OS development. Vista will barely match feature parity with OS X Tiger from April of 2005. That's sad. OS X Leopard will already be out by then.

      For Christ's sake: being

      --
      "Sufferin' succotash."
    11. Re:Parent is right - but no one listens by DesireCampbell · · Score: 1
      Okay, so you're one of those drooling Windows fanbois who thinks Microsoft is a victim
      Yeah, that's a good way to make yourself sound reasonable.

      Windows dominance means Microsoft can ship antivirus software and put third-party antivirus software out of business.
      How would a Microsoft anti-virus program put other anti-virus programs out of business? Explain that. What about firewalls? XP comes with a firewall program, last I checked there are still third-party firewall programs. That's contrary to your comment. Secondly, if the default anti-virus software is perfectly acceptable, why is it imperative for other companies to make more? That's like saying "sure we have roads, but no competing roads are being built". That's how the free-market works. If your product is better than what the consumer has, and he wants it, he'll get it. It's actually a sad state of affairs that FireFox (which is better than IE in every respect) has only 10% of the market - and it's free. How useless does your product have to be before that happens? If I tried to give away anything on the street corner I'd get better market saturation than that.

      They can tie their browser to their search engine, putting other search engines out of business.
      Again, "how"? How would that put other companies out of business?

      And you're ignoring the coercion deals of the 90s where OEMs absolutely were prevented from installing other software
      No I'm not. I've said time and time again that Microsoft has used unethical business practices - in fact I'll quote it from my last comment:
      No! That is illegal - absolutely illegal...It'd be illegal for any software company to EXTORT a manufacturer

      Clearly, you haven't even read up on the issue. Google wanted Microsoft to offer a dialog on startup giving the user a choice of search engines to use, because IE7 currently makes it a process that most people won't go through.
      You mean most people don't give a shit what they use to search? They can't be botheres? Wow, you've just proved my point. Most consumers DON'T CARE. Which brings me back to the 'basis of the free market': if you make a product to compete with a product that everyone is happy with, you will go out of business. End of story.

      I don't know what your filesystem search quip has to do with anything other than for you to baselessly call me an idiot
      Of course you don't: you're an idiot. TFA talked about the court's decision to investigate IE7's search box and how it used Microsoft's own search as it's default. I likened that to the 'file search' found in every other Windows. The similarities there should be evident.

      I'm not worry about filesystem search because Windows is so incredibly behind everything else that Google, Apple, and others have already beaten them to desktop search.
      So, you're only concerned with Microsoft's products when they're useful? What the fuck is that? So when Microsoft puts out a terrible program (like the XP firewall) it's okay, but if they actually made, good, useful programs for the consumer you want it stripped from Windows.


      iTunes uses the following open formats...
      Wow, I didn't know I couldn't play non-WM files in WMP! Oh wait, I can.
      WAV - Holy crap WAV? You think WMP doesn't support WAV playback? That's absurd.
      AU - Um, WMP 7 and up supports .au files.
      AAC (MPEG-4) - Apparently not. I haven't used ACC and can't find anything one way or the other from Google. So I'll give you this one.
      AU - Um, didn't you say this already?
      MP3 - Supported in WMP (I can even rip CDs to mp3).
      M4V - Not out of the box, but A quick Google search came up with the official MS support site

      MPEG-4 (.mp4)
      MPEG-4 is an International Standards Organization (ISO) specification that covers many aspects of multimedia presentation including compression

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    12. Re:Parent is right - but no one listens by Overly+Critical+Guy · · Score: 1

      Yeah, that's a good way to make yourself sound reasonable.

      You called me an idiot; I call you a Microsoft fanboi.

      How would a Microsoft anti-virus program put other anti-virus programs out of business? Explain that.

      It's completely obvious (except to you, apparently) that a bundled first-party app integrated into the dominant operating system has an advantage over a third-party app. For one, it's automatically distributed to every user of that OS, and second, it has access to system internals not disclosed to third-parties.

      What about firewalls? XP comes with a firewall program, last I checked there are still third-party firewall programs. That's contrary to your comment.

      No, it's not. Third-party firewalls are still at a disadvantage.

      That's how the free-market works. If your product is better than what the consumer has, and he wants it, he'll get it.

      No, it's not how the free market works. Monopolies are the antithesis of a free market. If your product is better, but there's a convicted monopolist bundling apps to kill your company, that's the complete opposite of a free market and totally against the consumer's best interests (Microsoft is only concerned about Microsoft's interests--furthering the Windows monopoly platform as far as it can go).

      It's actually a sad state of affairs that FireFox (which is better than IE in every respect) has only 10% of the market - and it's free.

      Yes, the bundling of IE has done a lot of damage to the adoption of much superior products. You're proving my point for me.

      Again, "how"? How would that put other companies out of business?

      Most users would never switch the search engine, only using whatever ships with the OS by default, and it can be made difficult to change engines so that most people don't go through the process to do so. It's Microsoft's lame attempt to prop up their dwindling, third-place search engine that nobody uses. They can't compete against Google, so they have to cheat and bundle their search engine into Vista to get anybody to use the thing.

      You mean most people don't give a shit what they use to search?

      No, but most people don't or won't learn how to change because they're not computer literate enough.

      Most consumers DON'T CARE.

      You haven't surveyed "most consumers," so I doubt you have any position from which to speak from.

      Which brings me back to the 'basis of the free market': if you make a product to compete with a product that everyone is happy with, you will go out of business. End of story.

      People aren't "happy" with what Microsoft bundles. They don't know about superior alternatives, and the process to switch is made difficult.

      Bundling products into a monopoly platform to kill superior third-party solutions is the COMPLETE OPPOSITE of a free market. You're unable to admit this.

      Of course you don't: you're an idiot. TFA talked about the court's decision to investigate IE7's search box and how it used Microsoft's own search as it's default. I likened that to the 'file search' found in every other Windows. The similarities there should be evident.

      There is zero similarity. One is a web search engine, and the other is a filesystem metadata indexer. They are completely different products. Please, gain basic comprehension before attempting to argue with me, or you will keep getting shut down.

      Again, you call me an idiot, which I'll let slide for a second time but again point out that it proves you have no meaningful argument.

      So, you're only concerned with Microsoft's products when they're useful? What the fuck is that? So when Microsoft puts out a terrible program (like the XP firewall) it's okay, but if they actually made, good, useful programs for the consumer you want it stripped from Windows.

      What the hell are you talking about? You completely made up a conclusion that my statements didn't even imply. I'm conc

      --
      "Sufferin' succotash."
  33. They called Clinton crazy by Anonymous Coward · · Score: 1, Interesting

    I remember in the early 1990's people thought Bill Clinton was crazy for suggesting that some day every middle-class family will own a computer, and every child in the US will be taught how to use one... Well, here we are here, and, truthfully, thanks, in part, to Bill Gates.

    I know Microsoft is evil, anticompetitive, and all, but, honestly, they did bring innovation (and pushed Apple to innovate), they established a de-facto standard for personal computing, and they made owning computers easy and accessible, which stimulated the demand, driving the prices down.

    Remember that before MS's rise, Apple was just as bad, given how they got all happy and cosy with their market share, kept the prices up, $5000+ /computer, and slowed innovation, until Microsoft lit a fire under their ass and caused them to evolve (and I am saying this as someone who owns and uses Macs almost exclusively).

    Isn't it sad that any company that is becoming succesfull is automatically punished with breakup threats, union re-negotiation (and unionizing), and even direct legislation, as in the case of Walmart:
    (Maryland lawmakers bucked the will of the state's Republican governor and the nation's largest retailer yesterday, voting to become the first state to effectively require that Wal-Mart spend more on employee health care. http://www.washingtonpost.com/wp-dyn/content/artic le/2006/01/12/AR2006011201251.html )

    I know that unchecked monopoly is anti-free-market and is thus bad, but there just has to be a middle ground between estabishing monopolies on the one side, and punishing success of the other side.

    1. Re:They called Clinton crazy by Anonymous Coward · · Score: 0

      there just has to be a middle ground between estabishing monopolies on the one side, and punishing success of the other side

      It's perfectly legal to be a monopoly. It's not legal, however, to abuse that monopoly in order to screw more money out of consumers.

    2. Re:They called Clinton crazy by patiodragon · · Score: 1

      "I remember in the early 1990's people thought Bill Clinton was crazy for suggesting that some day every middle-class family will own a computer, and every child in the US will be taught how to use one..."

      This is a TOTAL rewrite of my history. I was in my 20's in the early 90's, in the USA, and I didn't know anybody who didn't know that computers were going to enter every facet of our lives eventually. Not by a certain date, but eventually. Who ARE these "people" of which you speak?

    3. Re:They called Clinton crazy by Mr.+Underbridge · · Score: 1

      I'd go so far as to say that, by 1993, the market penetration of computers in middle class homes was well into the double digits. Perhaps the original poster was off by a decade and two Presidents?

    4. Re:They called Clinton crazy by Trelane · · Score: 3, Insightful
      honestly, they did bring innovation (and pushed Apple to innovate), they established a de-facto standard for personal computing, and they made owning computers easy and accessible, which stimulated the demand, driving the prices down.
      I disagree. I think it was the heavy competition between equal vendors, coupled with vastly increasing volume that brought prices down.
      --

      --
      Given enough personal experience, all stereotypes are shallow.
    5. Re:They called Clinton crazy by Trelane · · Score: 4, Informative
      but there just has to be a middle ground between estabishing monopolies on the one side, and punishing success of the other side.
      I had to address this too.

      Microsoft is not being punished "for succeeding". Being a monopoly is never illegal. It is, however, illegal to use your monopoly status to leverage your way into new markets and to keep competitors out.

      Thus, this anti-trust stuff is the middle ground you seek . It's perfectly fine to be a monopoly, but punishes abuse of the monopoly status (e.g. pushing OEMs to sign deals to exclude BeOS boy I wish that OEM licensing deals would see the light of day!).

      --

      --
      Given enough personal experience, all stereotypes are shallow.
    6. Re:They called Clinton crazy by Trelane · · Score: 3, Insightful
      equal vendors
      This should be clarified, as it's an important point.

      The equality was provided by Windows being so ubiquitous, certainly, but this would also be true with sufficient competition amongst several equal OS vendors (as opposed to one monopoly and two roughly equal bit players). If there weren't Microsoft to dictate APIs, vendors would use a set of standard, cross-platform APIs (e.g. QT, wxWidgets, OpenGL, SDL,) and open standards for drivers would likely also have come into existance and be well-established.

      I would arge that the open standards were much more important . If each vendor had their own, proprietary slots instead of USB, firewire, ATA, PCI, etc. history would likely have turned out much, much, much differently. It was the open standards that let you buy an IBM today and a Gateway tomorrow and not have to throw away all of your hardware.

      --

      --
      Given enough personal experience, all stereotypes are shallow.
    7. Re:They called Clinton crazy by Anonymous Coward · · Score: 0

      I was in my pre-teens, and I remember my mom listening to Rush Limbaugh 3/5, in car, at home, jogging, etc. The people she hangs out with were the people that called Clinton the worst president. The nauseating (sp?) joke of the years was Clinton pushing computers for bastard(!) children of black unwed (!) teenage (!!) mothers on welfare (oh the horror, the humanity!!!!). The recurring topic was "Clinton pushed welfare dumping ofour tax dollars into computer industry, which Perot made money on (Perot being the guy that 'stole' votes from the Republican candidate).

      Lest you say such "kooks" were in the minoriy, recall that the Republicans actually took the House in 1994 (and kept it to this day).

      The fact that you do not know what I am talking about just points out that you probably came from a liberal family and hung out in liberal circles, probably in New Yord or Boston or some such commie welfare Godless place ;-)

      There really was a dichotomy (and still is) with the Blue State liberals just not recognizing how much anger and resentment and outright hate for the 'lub'rals' there actually is. If you don't believe me, I strongly suggest you listen to Hannity et al., where the 'callers' frequently used to say things like: "of course Johnny [W Lindh] betrayed America, his parents are college professors" and "that organization should be in Gitmo, after all they DID take mony from Soros (sp?)", and "MoveOn.Org got donations from Castro to sabotage US Elections"

    8. Re:They called Clinton crazy by Anonymous Coward · · Score: 0

      Well, computer appliance penetration, in particular gaming systems (Atari, NES and such), was indeed significant. However, the majority of people in my parents' circle simply did not know or hear about email, zModem, gopher, or what 286 is not some liberal abortion pill that kills babies.

      Certainly most people did not anticipate or appreciate the internet, until much much later.

      Oh, and in case you are interested in other ideas 30+% of Americans believe, these include (ref High crimes and misdemeanors by Ann Coulter:

      - Clinton used state police to bring him women to rape when he was a Governor.
      - Clinton ordered CIA killings of people who disareed with him while in the WH
      - Clinton sold nuclear/missile guidance technology to the Chinese for personal gain
      - Hillary is a lesbian, her daughter is the result of her being raped by Bill
      - There are dildo dispensers in lounges of Ivy League coed dorms, with 'Safe Sex' poster instructions on lesbianism (ref Enemy within by Michael Savage
      - 9/11 was caused/OKed by the government
      - the government is regularly testing UFO technology (that's where we got transistors apparently, in 1948, within a year of the reputed Roswell crash)

      Yeah, YOU do not believe these, you know better... the problem is that shitloads of Americans do!

    9. Re:They called Clinton crazy by Herby+Sagues · · Score: 1

      ANd what was Microsoft's misbehaviour? They included a browser with the OS, something every other OS producing company does today (there's no denying that was the whole excuse for the trial, even though they later changed the speech when this argument became patently ridiculous). They were also accused of doing large discounts for buyers of several products (also, something that every other company does), of not embedding competitors products within their products (who would do that?) and of underpricing products (OK, some states sued them for overpricing, some for underpricing, all over the same products with the same prices). So tell me they were sued for doing something that not every single competitor was doing, something really bad, and not for being too powerful, too successful and too dangerous. And now in Europe, where they are complaining that Windows doesn't carry Realnetworks products inside and that Microsoft doesn't make available to others documents they don't have available internally (because they don't exist). Tell me that's the real issue, and not that Microsoft is too influencial for the liking of the EU leaders.

    10. Re:They called Clinton crazy by m_frankie_h · · Score: 2, Insightful

      Then why would anyone want to become a monopoly?

    11. Re:They called Clinton crazy by Tony+Hoyle · · Score: 1

      By the early 90's most people I knew had computers... and pretty much every schoolchild at least knew how to run games on them.

      If the poster had said early 80's I might have believed it.

    12. Re:They called Clinton crazy by Jussi+K.+Kojootti · · Score: 1
      Not getting into specifics (I don't know the cases well enough), but you seem to think that the rules are the same for everyone -- they aren't. Things that are legal for everyone else, may be illegal for monopolists. The system is built like this not to prevent monopolies, but to counter-balance the power a monopoly has on those who wish to compete with it...

      To sum up: Yes, Microsoft can be sued and convicted for something all their competitors are doing.

    13. Re:They called Clinton crazy by Anonymous Coward · · Score: 0

      So you actually think Judge Jackson is ridiculous in his findings of fact? Read it all and then respond.

      The Applications Barrier to Entry
      The Netscape Web browser
      Sun's Implementation of the Java Technologies
      ...

      Among alot more misbehaviours. I wish some well-informed pro-microsoft guy would actually respond. Seeing posts like the above repeated on every microsoft story, is ridiculous and sad.

    14. Re:They called Clinton crazy by shaitand · · Score: 2, Informative

      Behavior that is perfectly acceptable on a level playing field (or allowed, some of it may be immoral but that is another issue) is one thing. The behavior of a monopoly is another matter entirely.

      Unless you literally translate 'being a monopoly' as being identical to 'being successful' then there is clearly a difference here. A monopoly can not be leveraged to gain more monopolies or to push out competition in another area. What everybody else is doing doesn't even come into the picture.

      There is no shortage of evidence that Microsoft viewed the netscape platform as a threat to their control via the windows desktop. IE and Netscape raged in a war that continued for years until Microsoft finally put the product directly into their operating system. This was a direct move to leverage their monopoly to gain a browser monopoly.

      RedHat may include a browser, but redhat does not have a desktop monopoly. Redhat including a browser does not guarantee that browser will dominate the market and become a monopoly.

      By including an application in windows where users are sure to interact with it microsoft essentially fills out the windows blank check with whatever new market they want a monopoly in. That is what is illegal. It is illegal because we have an economic system that depends on everyone competing and nobody actually winning. If somebody wins the system breaks and stays broken. It is a known flaw in capitalism and there nothing wrong with patching the flaw with laws that prevent the damage from spreading.

    15. Re:They called Clinton crazy by HiThere · · Score: 1

      Sorry. The S-80 systems predated MSWind, and were already being pushed out by cheaper machines based around CP/M. All MSWind did was occur during the transition from 8-bit systems to 16-bit systems ... that, and a somewhaat murky contract with IBM.

      I don't give MSWind, or anything associated with it, ANY credit for developing computers OR for making them cheaper. Those trends were both solidly in place before MS was even a company.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    16. Re:They called Clinton crazy by Locutus · · Score: 1

      In the early 90's, Microsoft was well aware that C++ and cross platform frameworks were threatening the MS-Window APIs and therefore their control of the market. Microsoft didn't pay Borland $100+ million because it was just posting job openings on Borlands front door. How they leveraged their monopoly to eliminate the cross platform frameworks vendors should have been another case for an anti-trust case IMO. Either way, it was already evident that in the early days of word processing competition, it was far easier to exchange documents between vendors and the same would have happened if Microsoft were forced to compete instead of constantly leveraging its monopoly to eliminate its competitors.

      As we are seeing in the FOSS market, there are definate advantages for open standards and migration to them is almost a given in a competitive market. And are USB and PCI open standards or just publicly spec'ed standards? Intel "invented" USB to oppose Apples Firewire/1392 highspeed serial link which is NOT an open standard either. Firewire is an open spec which requires a licensing fee from Apple to implement. I think the fee is around $.25/unit since there was a big deal made when Apple originally wanted $1/unit.

      IMO, anybody who thinks we would be WORST off without Microsofts dominant position is naive to how the industry has grown. Or should I say, been deprived of growth because of Microsofts anti-competitive business model.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    17. Re:They called Clinton crazy by WilliamSChips · · Score: 1
      some well-informed pro-microsoft guy
      Contradiction in terms.
      --
      Please, for the good of Humanity, vote Obama.
    18. Re:They called Clinton crazy by MSZ · · Score: 1

      By including an application in windows where users are sure to interact with it microsoft essentially fills out the windows blank check with whatever new market they want a monopoly in. That is what is illegal.

      No. What was wrong and illegal was not including IE in the system. The monopoly abuse was banning resellers from preloading any other product and making that product the default.

      Some large PC makers wanted to put Netscape as the default browser/mail client on the computers they were selling. MS threats made them abandon that idea even though customers were supporting it.

      It is AFAIK (and IANAL) to bundle some applications with the system. It is illegal to force people to not use the alternatives.

      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    19. Re:They called Clinton crazy by Decaff · · Score: 1

      I wish some well-informed pro-microsoft guy would actually respond. Seeing posts like the above repeated on every microsoft story, is ridiculous and sad.

      I find this a very interesting point. As the same posts are repeated again and again on stories like this, and as they are responded to every time by posts like your which clearly explain the situation, there are only a few possible conclusions:

      1. The posters are Microsoft plants, simply repeating the same dogma again and again, not caring about the response.

      2. The posters are trolling.

      3. The posters are too lazy to read the responses.

  34. The issue is NOT bundling by KidSock · · Score: 4, Interesting

    That legal strategy was designed by Real, Netscape and others to yield compensation dollars. The problem with Microsoft's anticompetitive behavior has to do with Inter Process Communication (IPC). A file is a form of IPC. A network message is IPC. If the details of the various forms of IPC are widely available products can interoperate and that is bad for Microsoft's market share. I believe that if a product is completely dominant in a market (e.g. Exchange / Outlook mail system on corporate intranets) the details regarding it's IPC should be made available so as to reduce the liability associated with using that product. In this particular case that liability is the unfair business practice of forcing other companies out of a market by leveraging undisclosed IPCs. Secondarily there are a number of other very good reasons for having alternative programs that understand the same IPCs but it's not clear that they have legal bearing.

  35. confused.. by joshetc · · Score: 0, Troll

    I'm by no means a MS fan boy, though I do use XP.

    All I wanted to say is how exactly is it anti-competetive for them to bundle apps? I wouldn't even consider it anti-competetive to completely disallow add-on programs under their OS. I just don't understand where everyone got the idea that an operating system cannot include EVERYTHING a computer needs. Windows haters whine and complain about how it includes no useful software compared to other OS (notepad, calculator.. etc. All junk supposadly) then they start bundling somewhat useful apps (IE, Media Player, etc.) and they are anti-competetive.

    What exactly is it? Did they have an ad-campaign touting their lack of features or something making it false advertising? If that isn't it then I dont understand the problem..

    If they are in fact being anticompetetive then why are they not being sued for bundling an OS with their xbox consoles? Or even better.. for not making it easier to install linux on them? I understand its a "game console" which doesn't specifically say it has the ability to install 3rd party applications.. but neither does "personal computer".

    Note: Most of this is in fact taken to the extreme, in which case I still think they have done nothing wrong. Also note that I DO think it sucks that they dominate the market, competetion is great... I just don't really think its their fault or they should be hurt for it. I'd like to see some other players step up and release an OS and featureset as easy to use with as much software as windows.. or possibly binary compatability / good emulation for windows apps.

    I guess thats the point to an extent? If they documented everything better it would be much easier for someone / some company to do just that :D

    Btw doesnt this psuedo-html crap to post here drive people crazy?

    1. Re:confused.. by Anonymous Coward · · Score: 0

      *sigh*

      Its like this. Microsoft has a huge install base, it has an undeniable lock on desktop operating systems. It is accepted that Microsoft has a monopoly when it comes to supplying desktop operating systems.

      The trouble comes when Microsoft sees a new market in which it would like to compete. With a simple software update Microsoft can distrubute its new application to millions of users very quickly, okay this really isn't the problem, they have a very good distibution channel.

      The real trouble comes, because Microsoft enters these markets with proprietary technologies that use closed and "secret" formats. Lets take streaming media, Microsoft wanted to get into this market, so out comes an update to Media Player. If their streaming technology was based around MPEG-4 and other Open formats it would have truely competed, but no, it only supported Microsofts closed WMA/WMV.

      Through various means, content providers start to provide content in only WMA/WMV, citing excuses like "Windows is what everyone uses ...". All other competing players are now locked out of the market because they cannot play Microsofts closed formats.

      This is how Microsoft "competes", they use their huge install base to quickly distribute their proprietary technology and lock out competitors, when you have a monopoly on one market, it is illegal to use that monopoly to leverage your way into other markets. They've done this with Web Browsers, Instant Messaging, Media Streaming and now, it looks like they are going to try it with Search.

      Microsoft generally get away with this, because a huge percentage of their user base don't understand the technology so use whatever appears in front of them first or they are lazy and don't bother to try different products, most don't even know that alternatives to Microsofts bundled applications exist.

    2. Re:confused.. by russellh · · Score: 1

      All I wanted to say is how exactly is it anti-competetive for them to bundle apps?

      You don't understand the terminology. bundling is another word for tying.

      If they are in fact being anticompetetive ...

      They were, in fact, convicted of anticompetitive behavior. Web browsing was, at one time, exotic and unrelated to the function of a desktop operating system. Now, OEMs had - and need to have a lot of leeway with windows preinstalls on their PCs, and in the days when Microsoft was playing catchup to Netscape, they tied IE to Windows. They said to the OEMs: we will not sell Windows to you to ship with your PC unless you bundle IE. And at some point they also demanded that the OEM exclude Netscape Navigator. Threatening to not sell Windows to the OEM is in many cases a corporate death threat, which is not strictly illegal, but it is the condition - that they include this other product (IE) that made it anticompetitive. How could netscape - or anyone else - possibly compete if MS had the power to twist arms like this? Although Netscape was popular and OEMs wanted to include it, Microsoft prevented it. How? There was no viable alternative to Windows which a PC OEM could sell instead of Windows.

      --
      must... stay... awake...
    3. Re:confused.. by joshetc · · Score: 0

      Wow I'm a troll. Well that description was good enough for me.. question though. Shouldn't that ruling be up for review then? I'm sure these days just about everyone expects at least these basic things out of their PC: Web browsing Office Apps Media playback (audio and video) Internet search to an extent.. I hate the idea of search bars anyway so if it isnt possible to disable it I'll simply stick with IE6 Shouldn't anything related to these things pretty much be irrelevant? It kinda sucks like I noticed mentioned before that because MS didnt include stuff from the get-go they are considered anti competetive but when other companies have all this crap included its just a good software package.

  36. Yeah but by Mateo_LeFou · · Score: 0
    If someone has a monopoly on desktops, it's *obviously because their OS is the best. The free market picked a winner! They deserve the spoils of war for all that innovating.

    Just like Titanic is *obviously the best movie ever made. Look at the box office.

    (note: set sarcasm detectors on 'stun')

    --
    My turnips listen for the soft cry of your love
  37. That might work... by msauve · · Score: 1
    if MS hadn't used fraud and it's monopoly position to drive all significant competition into the ground.

    Quick (no Googling), other that OO (which doesn't depend upon making a profit for survival), what other word processors or spreadsheets are available?

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  38. I am confused... by Anonymous Coward · · Score: 0

    Two more years of looking the other way.

    Do you mean Republican Congress' stance on Bush, or the Justice Dept's stance on Microsoft?

    1. Re:I am confused... by SeaFox · · Score: 2, Insightful

      Do you mean Republican Congress' stance on Bush, or the Justice Dept's stance on Microsoft?

      In two years there will no longer be a need for Congress to look the other way at the Bush adminitration's looking the other way at big business's looking the other way at customer security and the NSA looking for every way to look at you!

  39. DOJ: dumb and dumber by EllynGeek · · Score: 4, Insightful

    who gives a rip about bundled software? Everyone bundles. Duh. Their biggest crime is their illegal collusion with hardware vendors. That's their biggest lock on the market. Everything else flows from that- all those nice customers to bully and abuse, all those captive devs trapped in lardy Microsoft Foundation Classes, and their giant politician-purchasing war chest. The DOJ doesn't want to punish MS, it's just a big empty show.

    --

    we will end no whine before its time

    1. Re:DOJ: dumb and dumber by evilviper · · Score: 1
      who gives a rip about bundled software?

      Netscape/AOL
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  40. "High-Priority Update" forces MS's Harshest EULA. by Futurepower(R) · · Score: 5, Insightful

    Those who try to document Microsoft's abuses find that there are too many to investigate and explain.

    For example, Ed Foster's Gripelog has a story about Microsoft's Harshest EULA. Windows users who download the "High-Priority Update" called Windows Genuine Advantage Notification are required to agree to a new contract. Ed says, "Not only does Microsoft place restrictions on your right to criticize the software, it won't allow you to uninstall the software or to test it in an operating environment."

    EULAs are a unique kind of contract in that they supposedly allow one party to the contract to force new contract provisions on the other. Contract law has always held that forced contracts are illegal.

    If you buy, agree to the terms of use, and install Windows for your company and train your staff to use it and applications you buy for it, your total cost is far greater than the cost of Windows. Yet EULAs supposedly allow the software provider to change the contract provisions at any time, with no restrictions whatsoever. Your only option if you don't agree to the new contract provisions is to lose all the money you have invested and stop doing business until you can get new software. This is especially severe when a company has a monopoly on the operating system your business software needs to run.

    The concept of fairness is completely absent from EULAs. Those who write EULAs believe that they can do anything they like. If you go to your kitchen and find a Microsoft employee eating your ice cream, check your EULA; maybe Microsoft has decided that Microsoft employees can raid your refrigerator.

  41. Although... by Elemenope · · Score: 1

    Someone may justifiably bitch when adverbs are used indiscriminately. Fortunately, that disease is mostly restricted to journalists who write sophomorically to communicate effectively to the childishly demented general public.

    --
    All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
  42. Re:Relatedly??? by Anonymous Coward · · Score: 0

    Mod parent up please. Internet would be better user MS than user AT&T and Google!

    Remember several months ago out Gov'ment asked Yahoo, Google, and MSN to turn over our search term lists?

    Well, Microsoft's MSN was the ONLY ONE THAT REFUSED to violate our privacy, while google and yahoo rolled over and let the Gov't Eff us in the Ay.

  43. You are exactly right by JPriest · · Score: 1, Offtopic
    The smallest 4 wheeled cars you can buy in the US today are still nearly 3000 pounds. The Ariel Atom (reviewed: here is interesting, for $30,000 it smokes most $400,000+ supercars becasue it is only ~1,000 lbs (F1 inspired design).

    Due to regulation, such cars will never make it in the US, which is a shame since they could get the same MPG as a hybrid car but with half the cost and twice the performance (like a motorcycle).

    --
    Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    1. Re:You are exactly right by DigiShaman · · Score: 1

      Oh, SWEET JESUS! Now that's what I'm talking about. Funny how bikers get their 1,000cc crotch rockets (Yamaha YZF-R1 for example), but I'm limited to what I can drive on four wheels. Seriously, this sucks so much ass!

      Sorry folks, but when it comes to super roadsters, I will never stop ranting how fucked up the regulations are here in the US. Arrrgggh!!

      --
      Life is not for the lazy.
    2. Re:You are exactly right by Ohreally_factor · · Score: 1

      So get yourself that bike. Or, if you're afraid that you won't be able to balance it, get one with a sidecar.

      BTW, you'll probably find a 600 cc sportbike sufficient. Few sport bikers out there can or would really put the full liter to good use. The primary need for the bigger sportbikes is for guys that are, well, bigger. A large percentage of people buying the liter + sportbikes are the ones that want something to pose with. Let's face it. Where are you going to really be able to open up a Hayabusa?

      If you just want to dip your toe in without making a huge investment, check out the Ninja 250, which will give you both a great fun/weight ratio and a great fun/expense ratio.

      I prefer cruisers myself, specifically touring cruisers. I'm looking at the 800 - 900 cc range for my next bike, possibly a Suzuki or a Kawasaki.

      --
      It's not offtopic, dumbass. It's orthogonal.
    3. Re:You are exactly right by JPriest · · Score: 1
      I agree that the 250 Ninja is a fun bike to play with. You can get a new one from the dealer for ~$2,700. It is a super easy bike to learn on. The only warning is that you might be looking to upgrade to a 600 cc in only a year or two, but you can sell the bike used on eBay for almost the same price you paid for it. The Aprilia RS 50 is another good starter bike, it is slower but cooler looking (and more unique) than the Ninja.

      I like sport bikes becasue it is kind of cold here and tucking behind the windshield and plastics helps block wind/insects/rocks etc. To me steering a sport bike feels more natural. The biggest (valid) complaint I hear from people are that the "super sport" bikes are uncomfortable on long trips because you are leaned over the bike. If you stick with "sport" rather than "super sport" you'll notice the ride position is alot more comfortable.

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
  44. Mod by Typhon100 · · Score: 1
    Wow, only here would this modded "insightful".

    Try troll, flamebait, raving loony.

  45. Re:Windows is one fine piece of ... by KwKSilver · · Score: 1
    It's only a matter of time before Microsoft and other large companies start to make aggressive patent moves against Linux, and as far as I'm concerned, Linux deserves every single bit of crap that's thrown at it.
    Are you listening DOJ? Oh, Pretending not to hear. Sorry to bother you. Actually your beloved MS and its proprietary suck-buddies are a lot more likely to be going after one another, as there's more profit to be had by Symantec vs. MS, or MS vs. Oracle or Adobe vs. MS than MS vs. Puppy Linux, where they might stand to win some poor bastard's stack of bills.

    Say anything bad about Linux and watch your post get moderated down, down and thrice down.
    More like say anything mildly negative about MS and get modded to oblivion, as near as I can tell. Oh, and one more thing, tell Bill, Steve and Darl, they need to spend some more money to get you guys into a better Troll-school. You used to like Linux? Hard to believe. Enjoy your 30 pieces of silver, though.
    --
    If you want your life to be different, live it differently.
  46. who is being punished: us by argoff · · Score: 1

    The whole theory of copyright is to provide an "incentive" to bring beneficial creations out into the open. Considering that it has been proven that MS violated this purpose, an appropiate punishment wouldn't require Microsoft to do anything - it would simply assert that Microsoft copyrights could no longer be enforced.

    But as it is, the punishment that Microsoft gets is nothing compaired to the punishment we get as Microsoft still has the nearly unlimited right and leverage to squeese and sue us using copyright controlls - minus one or two exceptions. This "punishment" did not eliminate their ability to abuse, it enshrined it. However it is probably for the better, because the problem isn't Microsoft. They are just a symptom of the kinds of problems copyrights cause as they are brought to their logical conclusion. Get rid of copyrights and the other problems will solve themselves.

  47. Incompetent or Anticompetitive by PineHall · · Score: 1

    Microsoft is either
    Incompetent - Evidence: Vista has been being delayed again and again.
    or
    Anticompetitive - Evidence: Open Document Format plugin team had to use undocumented APIs to write the plugin.

    Microsoft may be both, but I am leaning toward anticompetitive.

  48. typo by commodoresloat · · Score: 1
    They are not being given two more years; that was a typo.

    They are being given two more beers!

    So they can celebrate being able to violate federal law over and over with impunity.

  49. Not fair at all by commodoresloat · · Score: 4, Funny
    It's sad. Dick Cheney shoots someone in the face and nothing happens to him.

    Bill Clinton does the same thing and he gets impeached.

    1. Re:Not fair at all by Tony+Hoyle · · Score: 1

      It does seem the US is paranoid about sex.

      A president gives someone a blowjob. He gets thrown out of office.

      A breast is seen on TV for 1/100th of a second. Whole country grinds to a halt for a week.

      Vice president shoots someone in the face. He gets a laugh.

      From this side of the pond it varies from being extremely funny to being extremely scary...

  50. Double-dactyl summary by wirelessbuzzers · · Score: 1

    Internet, Schminternet,
    Microsoft protocol
    Documentation is
    Coming too slow.

    Hurry it up, for your
    Anticompetitive
    Tactics sow hatred for
    Your CEO.

    --
    I hereby place the above post in the public domain.
    1. Re:Double-dactyl summary by Anonymous Coward · · Score: 0

      No mod points today, alas, but if I had...

  51. I always wondered by onemorechip · · Score: 2, Interesting

    I always wondered why the DoJ settled this case. They already had a conviction. The conviction was not reversed, only the penalty was. This was in the penalty phase! Imagine a bank robber being convicted, and then the prosecution going into settlement talks over the penalty.

    OK, now I'll stop pretending to be naive. I knew in 2000 that if Bush was elected, his administration would drop the ball on this case. Was I right?

    As it turned out, that should have been one of my lesser worries about a Bush administration.

    --
    But, I wanted socialized health insurance!
    1. Re:I always wondered by I'm+Don+Giovanni · · Score: 1
      "I always wondered why the DoJ settled this case. They already had a conviction. The conviction was not reversed, only the penalty was. This was in the penalty phase! Imagine a bank robber being convicted, and then the prosecution going into settlement talks over the penalty."


      First, you make the mistake of comparing a civil case with a criminal case. Second, you say "only the penalty was overturned", as if the penalty phase is just some minor thing. In a civil case, the penalty phase is the most important phase of the trial, and can be as long to try and as hard to "win" as the "fact finding" phase. Note that the NFL "lost" an antitrust suit filed by the USFL. The penalty ended up being that the NFL had to pay the USFL *one* dollar (treble damages raise it to three dollars). Legally, the NFL lost the case, but in practical terms, they won becaue the won the penalty phase. "Winning" the fact-finding phase does not guarantee winning the penalty phase. As I said before, this is a civil, not a criminal matter.

      Now, on to why the DOJ settled:
      While the Appeals court let Jackson's "Findings of Fact" stand, but tossed out, not only his remedies, but also many of his rulings that were based on the FOF. They basically tossed out his reasoning process and econonmic basis that he used to deduce conclusions and remedies from the FOF.

      They also ordered that the penalty phase be retried with a new judge (they removed Jackson with prejudice, including a scathing rebuke of his performance). They set down guidelines on which the retrial of the penalty phase would take place, guidelines that went against the philosophies used by Jackson, guidelines that narrowed the case; in short, guidelines that would've made it much more difficult on the DOJ.

      So, rather than do the retrial of the penalty phase (and again, this was a civil case, so the penalty phase is just as important and can be just as hard to win, if not more so, than the fact-finding phase), the DOJ and Microsoft settled the case. Those that didn't like the settlement terms had plenty of time to voice their objections during the public review period. After that period ended, the new judge, finding no merit in the complaints, ratified the settlement terms.

      As a side note, I'll add that it's sad that settlement of a civil case is confused with criminal conviction by so many slashdotters (this is not directed at the parent poster).
      --
      -- "I never gave these stories much credence." - HAL 9000
  52. My Best Friend is the ... by Super+Dave+Osbourne · · Score: 0, Offtopic

    lead compliance lawyer for M$ on this antitrust settlement. Now, I have hated microsoft since I was first offered and turned down a job in the early 80s, and turned down offers from M$ in 84 and 87. I'd be rich by now, yes. I made a 'bad' decision financially. However socially I can sleep well, knowing that the evil empire doesn't utilize my brain cells for its domination. The real kicker is not only are they evil, I'm not rich, but my best friend from 6 months old onward thru high school is their lead compliance lawyer brought in to make sure they are 'legally compliant'. We can't talk shop, about anything work related at all, nor can we really talk at all, and thus I hold microsoft responsible for destroying my friendship with my best and longest friend (of some 35+ years now). Bill Gates, you got yours coming dude, the gates of Hell are awaiting for your soul. The song burn baby burn, with lyrics like, "a Microsoft inferno..." comes to mind.

  53. Links to findings by KwKSilver · · Score: 4, Informative

    Jackson's findings of fact were not overturned. They are here. Penfield's Conclusions of Law and Order are here. The findings of fact were not overturned. Both are available as .html or .pdf or wpd files (but not, interestingly, as .doc [=MS Word] files).

    Penfield's remedies are here. The gutted final judgement produced by the DOJ cave-in and the Appeals court kowtowing to MS is here here. It's a mere slap on the wrist. "Pretty please, play nice, now, or at least don't get caught flagrantly breaking the law." I wonder how much $jack the DOJ and US Appeals court judges cost. Less than an hour's profits, I'd bet. Ask your MS pals.

    More on this and other MS litigation over here.

    --
    If you want your life to be different, live it differently.
    1. Re:Links to findings by NutscrapeSucks · · Score: 1

      Jackson's findings of fact were not overturned.

      This is true, but without the legal conclusions, those were useless to the government in seeking a remedy.

      AOL, Sun, and others did use the Findings of Fact to extract a few billion dollars out of Microsoft though, so it wasn't entirely pointless.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
  54. Re:"High-Priority Update" forces MS's Harshest EUL by Spy+der+Mann · · Score: 1

    If it's enforced, it's not binding anymore, is it?

    I'm sure there's some ammendment out there that could be used.

  55. comes a time... by Anonymous Coward · · Score: 0

    ...to just stop throwing good money after bad. Microsoft today doesn't make any money for the business world, nor does it make government more efficient. It *costs* the economy to stay stuck on windows. Inertia and very pointy headed people are why we still have this abominable affliction.

    Well, that and outright bribes and the fact that it is SO broken than an entire industry has grown up around the fact that it needs to STAY broken to be profitable for them. In "administration", in "applications and support" and also in hardware. Vendors rely on microsoft staying at around 75% functionality, so they can keep selling newer models with the "new" windows periodically. Peoplke have been mass brainwashed into actually believing that "windows" is what a computer is, and that a few vendors make "windows computers". There exists nothing but a "windows" computer. I know people who think Macs are just very expensive "windows" computers.

    This is beyond nuts. Completely. It's abhorrently *wrong* that things have gotten so far out of hand with this.

    Microsoft has turned into the planet's largest ever make work busy-work project.

  56. Mod parent up: Informative by KwKSilver · · Score: 1

    Thanks for the warning, That is a vile EULA, even by MS standards. Particularly troubling is the business about it getting into the BIOS, WTF is that supposed to be about?! I will never accept that EULA. I was thinking of booting my Windows partition tomorrow to let it update, as its been 2 or 3 months. Plan A:shut the box off, then 1) disable eth0, 2) reboot, 3) disable Automatic Updates, 4) shutdown, 5) re-enable eth0, 5) reboot, 6) cherry-pick the alleged security updates, and 7) reboot into Linux. OR Plan B: reboot and then 1) install another Linux distro or FreeBSD over Windows, and be done with it (no steps 2-6 in Plan B).

    --
    If you want your life to be different, live it differently.
  57. Re:Relatedly??? by Lord+Aurora · · Score: 1
    I'm pretty sure that even Microsoft, left unchecked, would not be able to joint-own TFI--The F***ing INTERNET, man. Not only is it The F***ing Internet, but it's F***ing Huge, and F***ing Expanding Like Michael Jackson At A F***ing Sleepover.

    Think of the ramifications involved in buying slashdot alone:

    Microsoft with their cronies: Hey, we want to co-own you.

    slashdot: F*** you. We'll take you to court.

    Microsoft: We own the courts.

    slashdot: Then we'll kill you.

    Microsoft: Damn.

    That said, it's only a *tiny* bit unrealistic.

    --
    The heavens do not fall for such a trifle.
  58. Re: No, I'm not being serious by heinousjay · · Score: 1

    Do you have any evidence refuting these allegations?

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  59. Re: No, I'm not being serious by Anonymous Coward · · Score: 0

    Could be true, could be false, I just do not have any info to decide.

    I tend to think I am extremely conservative myself, but I do believe "anyone who makes up their mind before getting the facts is a effing idiot" as someone once said.

    I CAN say that so far (about a year) I have not seen any dildo dispensers etc. in my dorm, lol. And I have not seen any at Harvard last year (though from roommate-wanted ads it seemed the whole place was full of homosexuals).

    The point I was making is that some of us are utterly ignorant about the ideas and beliefs of our compatriotes, that's all.

  60. As a former MSFTie I can tell you why by melted · · Score: 1

    As a former MSFTie I can tell you why "it takes too long" to provide documentation. Because they don't have any (except in rare instances). They have to write it from scratch by looking at the code.

    1. Re:As a former MSFTie I can tell you why by Watson+Ladd · · Score: 1
      And they get Common Criteria for that?! Someone needs to make a better security criterion:
      1. Source Code open for review
      2. Proof of Correctness
      3. All plausible threats evaluated
      4. Visible Disclaimer:This software is secure only if the following problems are hard: @breaking_primitives
      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
  61. Re:"High-Priority Update" forces MS's Harshest EUL by Tim+C · · Score: 2, Informative

    Windows users who download the "High-Priority Update" called Windows Genuine Advantage Notification are required to agree to a new contract.

    Yes; we agree to a contract covering the WGAN tool, not Windows. The EULA for Windows XP is not affected.

    it won't allow you to uninstall the software

    The licence actually says "you will not be able to uninstall the software". That is not the same as you aren't allowed to uninstall it; MS are not denying you permission, they're saying that it isn't possible. In other words, they have not provided an uninstallation tool. I see nothing in the licence that forbids you from ripping it out yourself, if you are so able.

    If you buy, agree to the terms of use, and install Windows for your company and train your staff to use it and applications you buy for it, your total cost is far greater than the cost of Windows.

    As it is for any OS or application; I'm not sure I see the relevance. If you give everyone Linux (whether freely downloaded or bought and paid for), you still have training costs and quite possibly costs for commercial apps. The total cost may be lower (especially if you don't buy the distro or a support contract), but it's still higher than just the cost of the OS.

    If you go to your kitchen and find a Microsoft employee eating your ice cream, check your EULA; maybe Microsoft has decided that Microsoft employees can raid your refrigerator.

    That sort of crap would be struck down by a court in seconds. Just because something is in a contract (even an honest to goodness, negogiatable, signed on the dotted line contract) doesn't necessarily mean that it's enforceable. For a clearly absurd example, if my employment contract stated that upon leaving the company, I had to give them my first born child as a replacement, that would not be enforcable. For a more realistic example, some/most anti-compete clauses are not enforcable as they contravene restriction of trade laws.

    Yes, it's a crap licence, but it's not quite as bad as either you or Ed Foster make out.

  62. Re:Relatedly??? by Tony+Hoyle · · Score: 1

    They tried to, but failed.

    They had their on 'MSN' network that rivalled AOL but didn't link to the wider internet.
    They had 'Windows Mail' which was not SMTP or IMAP/POP based.

    Bill gates himself said there would never be an MS internet division.

    The internet, however, took over, and open standards won out. MSN was reduced to a mere portal and MS was forced to have an internet division. Windows mail few people remember (if you ever install a Win95 machine for testing though it's still there).

  63. Re:"High-Priority Update" forces MS's Harshest EUL by Anonymous Coward · · Score: 0

    I'm actually thinking something a bit different. Is this a common microsoft practice? I mean, do you have to agree to a new EULA everytime (or most of the time) you apply patches to Windows? It's been a while since I've used windows so I really do not remember the process, but is the time you take to read the new EULA counted when people are comparing windows vs linux?

    Just a thought...

  64. Ineffective == Irrelevant by edward.virtually@pob · · Score: 1

    Since the "probation" is a meaningless joke, it matters not at all if they continue it or not.

  65. Re: No, I'm not being serious by heinousjay · · Score: 1

    Sorry, I wasn't sure if the subject line was too subtle. I wasn't being serious.

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  66. Um...are you sure? by Garwulf · · Score: 1

    I understand what you're saying, but you seem to have some facts wrong. I've been using or helping troubleshoot people using MS Windows from 3.1 to Windows ME, and I personally have used Windows NT 3.51, 4.0, and XP, along with Windows 3.0, 3.1, 3.11, 95, and ME, and my recollections are very different from yours.

    I don't remember MS Word ever being bundled with the OS - it was always a separate program (and an expensive one) used to compete with WordPerfect. There was a small word processor called Wordpad that showed up in every version of Windows I've ever seen or used - it was under the accessories.

    As for taking IE out of the OS, the reason it was incorporated into the OS in the first place was to give it an edge against Netscape, and the big stink in the court case was that Microsoft claimed that IE was an essential part of Windows, and therefore couldn't be removed without crippling the operating system, and therefore the user couldn't be allowed to have a version of Windows that didn't have IE installed (again, more important because of competing against Netscape at the time than anything else). Now, a huge number of the security holes in Windows exist because IE is incorporated into the operating system, and it now has to be removed for safety more than anything else.

    As far as not being able to open up documents from Windows 95, Microsoft has a tendency of changing the Word document file with each new version of office, so older documents aren't necessarily compatible with newer versions of Office - a key reason why there's such a focus on open standards for documents right now.

    Microsoft may not force you to install their products, but they do abuse their monopoly. They just do it more or less invisibly. They force vendors to put Windows on every new computer (or have the price for the OS jacked up on them), they modify the way IE views code so that pages will render differently on IE than they will on other browsers, they keep changing the nature of MS Word files so that you have to upgrade to a new version of Office - the abuse is there. And, my own feeling is that with the DRM material in Vista, Vista will have some other stuff we haven't been told about that is very frightening.

    (Let's just say I'm waiting with bated breath for the next version of Xandros so I can finish my migration to Linux at last.)

    --
    Robert B. Marks
    Author, Demonsbane in Diablo Archive
  67. Three more... by cr0sh · · Score: 1

    "C" average student...

    --
    Reason is the Path to God - Anon
  68. Where is the money I was to get from the settlemen by wtoconnor · · Score: 1

    I never received my money from the settlement eventhough I sent in the documentation they asked for. Seems to me that they have never complied.

  69. Bush: The Decider by Locutus · · Score: 1

    He Decided that gas saving hybrids were a threat to oil industry profits and so he eliminated the Clinton era hybrid project.

    and

    He Decided to keep Microsoft intact and eliminate any efforts to bring operating system competition back to the market.

    He is "The Decider". He says so himself( http://www.crooksandliars.com/2006/04/18.html#a795 8
      and a more comical/musical link http://decider.cf.huffingtonpost.com/ )

    Brilliant or Idiot? History will play this one out while the Republican party tries to rewrite this history for decades to come.

    LoB

    --
    "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  70. And then come the yearly PC wipe OEM issues by Anonymous Coward · · Score: 0

    Many of the Dell OEMs I have seen tend to bring their Realplayer or MusicMatch for the sole purpose of prompting an upgrade when you need certain features, thanks to the shareware-ification of commercial software. Similarly, think of 6-month internet / Antivirus subscripions.

    That said, I bought a Compaq laptop to find that it had Acrobat Reader preinstalled --first time I see this needed addition, since most users have n clue how to view PDFs. The other thing I noticed was that to browse the web my first time, a Compaq screen came up and offered a choice of Netscape, which I took until I transfered my trusty browser installer a couple days later. I would have preferred FF.

    Dell OEMs come with reinstall disks (BIOS-specific to avoid piracy ) while the laptop has the utility partition model for system repairs. I am VERY afraid of wiping the laptop or obvious driver availability issues. There is a "ONE-time" disk creation tool in case the partition gets wiped after that, but it bothers me that I am limited to creating a single set: Those are MY CD-Rs and you know how faulty CD-Rs are. Plus the tools are sure to be BIOS-locked anyway.

    I remember breaking an old HP and finding that the included recovery CDs refused to recognize my BIOS so that I could reinstall. I was out of warranty and suspected the media was in good condition. I didn't bother ordering another failed set of rescue disks.

    I prefer full version install and OS disks bundled with OEMs, but they are pretty scarce. Lots of the sofware bundled these days is free trialware anyway. And don't get me started about MS Works and WordPerfect, because they are a nightmare file-format wise. When will OEMs include OpenOffice?