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EU Prepared to Fine Microsoft $2.5 Million Per Day

Lord_Slepnir writes "The European Union is unsatisfied with Microsoft's compliance with their anti-trust compliance from 2004, and is preparing to fine them 2 million Euros ($2.5m US) per day until they comply. Under that ruling, Microsoft must open up parts of their operating system to competitors, and change how they bundle Media Player." From the article: "On Monday, Microsoft said it had begun to provide the information Brussels had demanded, but the Commission has signaled the company acted too late. In December, Brussels informed the software giant that it had failed to comply with the original ruling it issued in March 2004."

659 comments

  1. Nothing for you to see here. Please move along. by justkarl · · Score: 4, Insightful

    That's for sure. This has been going on for quite some time. I think it was at least a year ago that the EU would fine microsoft every day.

  2. I don't get it by utopianfiat · · Score: 4, Insightful

    If they comply right away, do they not get fined?

    --
    +5, Truth
    1. Re:I don't get it by Spy+der+Mann · · Score: 1

      It's Microsoft - what did you expect? They won't pay until they have no legal choice.

    2. Re:I don't get it by WilliamSChips · · Score: 2, Interesting

      I think, if they don't comply, they become contraband in the EU or something.

      --
      Please, for the good of Humanity, vote Obama.
    3. Re:I don't get it by joshier · · Score: 1

      Are you kidding?.. You really think they've never been fined because there's no other solution, so they comply? This is microsoft man, they have got fined loads before, just to get away with it - But this case, it's not really a "I don't care that I got fined X amount, cos' I'll recieve X amount in the long run - working out for a better profit!" This never would work out as a better profit in my opinion.

    4. Re:I don't get it by Anonymous Coward · · Score: 1, Insightful
      If they comply right away, do they not get fined?
      You just have your tenses mixed up, thats all. If they had complied right away then they would not be being fined. It's far far too late now for them to change the fact that they did not comply right away.
    5. Re:I don't get it by Rakshasa+Taisab · · Score: 3, Informative

      No, the part about 'if they comply right away' was supposed to end in the beginning of february iirc. They didn't, dragged some foot, released some gibbrish, and now they need to pay the daily fine imposed on them starting from the end of 2004 til now.

      --
      - These characters were randomly selected.
    6. Re:I don't get it by civilizedINTENSITY · · Score: 1
      From TFA:
      As Microsoft has taken a further six months to begin handing over information, experts believe the Commission will take the view that the firm has been acting illegally since the warning.
      So this means 6*30*$2.5M is already due, with $2.5M/day continuing, yes? About $450 Million, and still growing? Would interest be accruing on this amount until it is paid? With net income of about $10 Billion/year, this would be less than 10%. The real question is how much of that net income was generated in the EU?
    7. Re:I don't get it by Anonymous Coward · · Score: 0

      "About $450 Million, and still growing?"

      For Microsoft, no problem. All they have to do is speed up the DVD stamping machine and pay with software like they seem to always do. Say, $500 for the Office Suite and $0.50 per blank DVD.

        ($450E6 / $500) * $0.50 = $450E3 bucks. Not a stiff fine at all.

    8. Re:I don't get it by Firefalcon · · Score: 1

      If you take the European Central Bank's Marginal lending facility rate, currently at 3.75 (which has varied over the period they will be fined on: History), and add on the 7 percent that appears to be standard (see the late payment of commercial debts legislation, although this particular law doesn't apply in this case I think [IANAL]). So I believe a rate of approximately 10.75% interest could be applied to any late payments...

    9. Re:I don't get it by Anonymous Coward · · Score: 0

      what the fuck? admins, ban this twat.

  3. Serious Question: by susano_otter · · Score: 0, Flamebait

    What are the chances of this being simply an excuse to generate a $2.5 million per day revenue stream for the EU government?

    --

    Any sufficiently well-organized community is indistinguishable from Government.

    1. Re:Serious Question: by RonnyJ · · Score: 5, Insightful

      If it was, I would imagine they'd have started imposing these fines many months ago - the original ruling was made in March 2004.

    2. Re:Serious Question: by tehgimpness · · Score: 2, Funny

      European Commission , not Government.

      However; I'm right with you on that one. Though it'll most likely be spent on subsidies for Swiss and Luxembourg fishing fleets.

      --


      ZOMGWTFPWNtKKTHNXBIBI!!!ONE!111!!!
    3. Re:Serious Question: by Richard+W.M.+Jones · · Score: 4, Insightful

      What are the chances of this being simply an excuse to generate a $2.5 million per day revenue stream for the EU government?

      Errrm, none? There is no "EU government" - perhaps you meant intergovernmental European Union, or the European Council, Commission or Parliament?

      The EU has a budget of over 1% of the European GDP (works out at around US$ 160 billion). Why would they want $2.5m/day?

      Rich.

    4. Re:Serious Question: by Anonymous Coward · · Score: 4, Insightful
      What are the chances of this being simply an excuse to generate a $2.5 million per day revenue stream for the EU government?


      Zero. The revenue is doubtless a nice bonus but what matters most to governments is power. Microsoft has decided to defy the collective requrements of the sovereign governments that make up the EU, while operating in their markets. They're not going to let Microsoft get away with that if they can possibly help it. That's all the motive they need.
    5. Re:Serious Question: by Tim+C · · Score: 4, Informative

      There is no "EU government". Further, the EU annual budget dwarves a paltry $2.5m/day; while more money is always good, there's no need to create spurious conspiracy theories.

      The EU is merely taking the sort of corrective measures the US DoJ should have taken a long, long time ago. I fail to see how a company that's been convicted of a crime can go unpunished for so long.

    6. Re:Serious Question: by Bogtha · · Score: 5, Insightful

      If that were the case, they'd be making it as difficult as possible for Microsoft to comply with their demands instead of telling them exactly what they are doing wrong and giving them years to correct their mistake.

      I know it's trendy to accuse the EU of being greedy and anti-American, and I don't deny that the money will be happily spent, but that doesn't mean Microsoft isn't breaking the law and it doesn't mean the EU aren't right to fine them.

      Microsoft could easily avoid these fines by complying with the court ruling. They have chosen to make every effort to avoid doing so, and these fines are the result.

      --
      Bogtha Bogtha Bogtha
    7. Re:Serious Question: by Pofy · · Score: 1

      Microsoft would most likely have daughter companies set up and located in each and every country in EU including with emplyed personal and so on. Were the headquarter is located is in that aspect quite irellevant. Sure, Microsoft can theoretically completely extinct itself from EU and not have any legal precense at all, the chance for that would be zero I would say.

    8. Re:Serious Question: by RonnyJ · · Score: 1
      The European Union is not a country - it contains 25 member states, and has every authority to deal with businesses operating inside the EU. Do you really think that Microsoft is (or should be) exempt from EU laws?

      I'd love Microsoft to "call their bluff" - if you really think it'd do more damage to the EU than Microsoft, you're kidding yourself.

    9. Re:Serious Question: by aussersterne · · Score: 1

      Right, because it's not about government oppression when it comes to illegal immigration, punishing journalists for criticizing the government, or seizing assets in the "war on drugs," it's just about obeying the law--but when the targets are corporations as opposed to people it's not just about obeying the law but rather about government oppression. I get it.

      --
      STOP . AMERICA . NOW
    10. Re:Serious Question: by nospam007 · · Score: 1

      >>... Though it'll most likely be spent on subsidies for Swiss and Luxembourg fishing fleets.
      ---
      Not sure if I get the joke.

      http://www.cambridge1.net/Luxemburgmaritime.html

    11. Re:Serious Question: by indifferent+children · · Score: 1
      Would they go as far as saying every citizen must install the (now-illegal) windows software?

      I think you meant to say "un-install". But the EU would have a better recourse. They can declare Microsoft delinquent on the fines, and seize the copyright to Windows in the EU. Then the European Commission can either sell Windows at a profit, or declare it public domain. What the government giveth (copyright protection), the government can taketh away.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    12. Re:Serious Question: by Anonymous Coward · · Score: 1, Interesting

      The problem is that the EU insists on the disclosure of APIs that do not exist. Any API that is used by a different module has been disclosed and documented. The last round of exchanges between the EU and MSFT was a consequence of the complaint by the impartial authority that while the APIs had been disclosed, the documentation did not teach customers on how to write File and SQL servers.

      Think for a moment - how could Microsoft possibly prove that the documentation they have provided is both accurate and complete? That's why they published the source code. Which the EU also rejected.

      The ruling was purposefully set up to be impossible to comply with; this is a pure revenue-generating plot.

    13. Re:Serious Question: by Anonymous Coward · · Score: 0

      The rare voice of reason here who doesn't consider anything outside the continental 48 a third world country. "2.5 millions a day!?! We'ze mill-yon-airs!"

    14. Re:Serious Question: by MrSquirrel · · Score: 1

      They should give me some of the money (even though I'm in the United States) for having to deal with Windows Media Player. Microsoft, why oh why won't you let me uninstall it? Worst media player ever! (RealOne Player doesn't count because it's not a media player, it's what happened when someone's cat jumped on their keyboard, pressed a bunch of random keys, and hit "compile")

      --
      A computer once beat me at chess, but it was no match for me at kick boxing.
    15. Re:Serious Question: by truthsearch · · Score: 5, Insightful

      there's no need to create spurious conspiracy theories

      Would this be Slashdot if we didn't?

    16. Re:Serious Question: by bombadier_beetle · · Score: 0

      Why do you have to uninstall it? There are plenty of much better and free alternatives, and they work just fine alongside WMP. If only the EU could understand this.

      --

      If you mod me down, I shall become more powerful than you can possibly imagine.
    17. Re:Serious Question: by ShibaInu · · Score: 3, Interesting

      If this were purely a cash cow, the EU would have been collecting since 2004.

      Also, got any source for your claims? Looks to me like you are a MS turfer.

    18. Re:Serious Question: by mqduck · · Score: 1

      Any sufficiently well-organized community is indistinguishable from Government.

      Wow, are you a veteran of the debate over the nature of authority between Marxist socialism and anarchist socialism? Probably not, but I like that sig anyway for that reson. ;)

      I know, I know... off-topic.

      --
      Property is theft.
    19. Re:Serious Question: by seven+of+five · · Score: 1

      I don't deny that the money will be happily spent,

      Money??

      Dream on. Microsoft pays fines in software vouchers.

    20. Re:Serious Question: by Amouth · · Score: 1, Troll

      if i was MS i would have said fuck it by now.. and pull out of the EU completely.. cut the jobs pull the product and stop updates to that subnet.. i mean.. that is one option. sure they can move to linux but at that point i wouldn't care.

      the EU have been draging this out making it imposiable for MS to settle it.. i don't like alot of MS's pratices but here i am for them.. the EU is being very dirty.. and at this point i wish MS would just pull out and let them roll in the mud

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    21. Re:Serious Question: by Woy · · Score: 1

      Oh, just because the americans no longer have a functioning justice system for large corporations it doesn't mean that they are not guilty.

      If they ever get that fine, its only because they tought they could just not comply and it would go away, US style.

      The media player related demands are clearly misguided, but the API ones are fundamental.

      --
      "If God created us in his own image we have more than reciprocated." - Voltaire
    22. Re:Serious Question: by Anonymous Coward · · Score: 0

      Though it'll most likely be spent on subsidies for Swiss and Luxembourg fishing fleets.

      Swiss, hardly. They aren't an EU member.

    23. Re:Serious Question: by giorgiofr · · Score: 1

      It would bring MS down to its knees in maybe 20 years, laying waste to all of Europe in the process. Do you think it would be that easy?

      --
      Global warming is a cube.
    24. Re:Serious Question: by PhoenixPath · · Score: 1

      They'd get booted from the WTO faster than they can say "Oops!"

      My God, we're blocking Russia's admission because of another countries' copyright laws (AllofMP3, anyone?).

      If a copyright is held by a company in a member country of the WTO, that copyright will hold in virtually *any* other member country. Failure to to do so would very likely result in removal from the WTO. Something the EU would, to put it mildly, shy away from.

    25. Re:Serious Question: by Bogtha · · Score: 1

      if i was MS i would have said fuck it by now.. and pull out of the EU completely..

      Then you are an idiot. Not only is the EU market as large as the American market, but the consequence of the EU switching to Linux en masse would mean that Linux would get a huge boost in quality and features as its userbase and developerbase would grow drastically. You wouldn't just lose the EU market, you'd be giving your competititors a massive advantage across the entire world.

      --
      Bogtha Bogtha Bogtha
    26. Re:Serious Question: by Anonymous Coward · · Score: 0
      The EU is merely taking the sort of corrective measures the US DoJ should have taken a long, long time ago. I fail to see how a company that's been convicted of a crime can go unpunished for so long.

      I think a bunch of this has to do with MSFT being a stock so well vested in most American's portfolios, including 401K and many mutual funds, that too many Americans are scared of economic implications (including those who administer justice). I'm seriously not trolling, this has been practically referred to by many in the Bush administration.

    27. Re:Serious Question: by colinrichardday · · Score: 1

      Perhaps he meant oceanic fishing fleets.

      On a related note, I've read that the US invited the Swiss to send their fleet to the opening of the Panama Canal.

    28. Re:Serious Question: by indifferent+children · · Score: 1

      The EU, or any sovereign nation, has the right to seize the property of a company that refuses to pay legally levied fines. If they can seize real estate belonging to Microsoft, why can't they seize the "intellectual property" of Microsoft (only as it applies within the boundaries of the EU)? I can't see the WTO enshrining a right for corporations to ignore all laws (esp. not the laws of first-world nations).

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    29. Re:Serious Question: by walt-sjc · · Score: 1

      Not sure whether that should be modded funny or informative... Sigh.

    30. Re:Serious Question: by Cassius105 · · Score: 1

      This would be followed shortly by whoever decided to do this being lynched by MS shareholders

    31. Re:Serious Question: by Anonymous Coward · · Score: 0

      Because switzerland and luxembourg are landlock...

      > http://www.cambridge1.net/Luxemburgmaritime.html

      Wait, WTF?

      That's just messed up.

    32. Re:Serious Question: by WeAreAllDoomed · · Score: 1
      if i was MS i would have said fuck it by now.. and pull out of the EU completely

      ... with a business IQ like that, you will never "be microsoft".

      don't get me wrong - i would celebrate for a week straight if microsoft did do that.

      --
      free software, open standards, open file formats, no software patents.
    33. Re:Serious Question: by Anonymous Coward · · Score: 0

      If that were the case, they'd be making it as difficult as possible for Microsoft to comply with their demands instead of telling them exactly what they are doing wrong

      EU: The product you create does not interoperate with products from your competitors.
      MS: Ok, here is the documentation.
      EU: That's not good enough. Something's missing.
      MS: But 3rd parties looked over it and said it was great. What's missing?
      EU: I can't tell you. You have to figure that out yourself. Btw, you're gonna get a daily fine.
      MS: Ok, here's the source code.
      EU: That's too much. It's not what we asked. You're being fined.

      Something along those lines?

      Why should a Porche be able to use McLarren doors? More so, why is it wrong for the car to come with the seats included and without an unins^H^H^H^H^H eject button?

    34. Re:Serious Question: by 99BottlesOfBeerInMyF · · Score: 3, Informative

      if i was MS i would have said fuck it by now.. and pull out of the EU completely.

      I see. So you would break your agreements with thousands of international customers (like every major company in the world since they all have european offices) while at the same time abandoning 20 billion dollars in profit a year to avoid paying .7 billion in fines? And you'd do thins knowing you'd be instantly creating your own biggest competitor by handing a third of the market to other parties. You'd be fired before the day was out, since the board of directors can do math. You might be shot if they're feeling spiteful about the billions you managed to cost them in the confusion and bad PR. If nothing else you'd be a wanted criminal in so many nations the US would almost have to deport you.

      the EU have been draging[sic] this out making it imposiable[sic] for MS to settle it..

      The EU wants the APIs documented well enough to provide for fair competition as judged by the expert MS chose. MS hasn't bothered to do that, because they make more money breaking the law. What they have done is proposed a number of solutions that won't restore competition and spent a lot of money on press in the hopes that they can put pressure on the EU by spreading lies, like the ones you are parroting. How exactly can you think their documentation is in compliance when it has not been released and the expert MS chose says it isn't?

    35. Re:Serious Question: by PhoenixPath · · Score: 1

      1.) The EU is not a nation, it is an organization. They are *not* the same.

      2.) They can sieze all the IP they want. Opening it to public domain is the issue. Did you *read* my comment?

      3.) The WTO will protect copyright before it protects childish whining by *any* state, nation, or organization.

    36. Re:Serious Question: by Anonymous+Brave+Guy · · Score: 1

      Historical, I suspect. The US DoJ may let organisations pull that kind of stunt, but I suspect that having sat back to allow the US to go first, the EU authorities have now decided that enough is enough. I imagine, having played the requisite legal games for a couple of years, they now plan to drag Microsoft kicking and screaming back to their reality, where breaking the law has real consequences.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    37. Re:Serious Question: by mabhatter654 · · Score: 5, Informative

      not really, some of the Samba guys are on those independent committees for the EU, so they know EXACTLY what they are needing as far as documentation. It's a running joke that the interface for windows printer and file sharing is so messed up the current MICROSOFT devs occasionally need to dig out the documentation from the open source [and reverse-engineered] Samba project to figure out how to do their jobs... on the REAL source code. One clarification too, the EU did NOT demand MS to open up their source code.. that would mean giving up IP... they only required an Open, freely available, no-strings-attached, documentation of how window file and print sharing [plus authentication and a few other things] work.. had it had to be usable.. both technically and legally. MS instead dumped millions of lines of source, under NDA, and a steep licensing fee.... somebody's deliberately not hearing the question.. and it's not the EU.

    38. Re:Serious Question: by mrchaotica · · Score: 1

      European governments are starting to transition to Free Software anyway. Killing off MS actually wouldn't hurt that bad, especially since prohibiting it from selling new software does not preclude everyone from continuing to use the old software they already have.

      --

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

    39. Re:Serious Question: by Amouth · · Score: 1

      ok so how do you explain the opening of the source.. sure you have to register/pay for it but it is there.

      when you look at linux.. and the documentation for some of the stuff - well it just isn't always there.. sure you can find support and answer your questions.. if mabey the competition started working with it and messing around and trying instead of getting the EU to do there job then they could make it work..

      you have to look at it from both sides.. the competition wants MS to hand everythign over on a silver plater and teach them to make software for windows. and they have the EU on their side.. on the other hand .. the comepition woln't open up their software to the extent they want MS to .. i mean really.. can someone show me full documentation on how to use the real player api to make it do what i want.. hell no they arn't going to open it up completely.. sure i can do some things but not every thing.. it is the same with windows..

      sure MS has some dirty taticts but the EU is being much worse

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    40. Re:Serious Question: by debrain · · Score: 4, Informative

      Microsoft is headquartered in the US. I don't think the EU has the authority to simply demand money from them.

      As a matter of authority, that is a prima facie right of sovereignty. It is enforceability that is at issue, a practical matter. The EU can seize Microsoft assets therein, and elsewhere through the Doctrine of Comity and any reciprocity treaties.

      Interestingly, and more fundamentally, Microsoft's assets exist only and precisely because sovereigns grant them. These are known as vested rights (or acquired rights), and exist only by way of a sovereign's decision to limit their own power, vis-a-vis the Magna Carta.

      The American line of reasoning, bottom-up rights of a constituent superceding natural rights of the state is based upon experiences from a long history of absolute sovereignty that arose from the Peace of Westphalia. (Which was more interested in sovereignty and self-determination as against other states) These acquired rights should not be taken for granted in America, or elsewhere.

      That's all pedantic, but underscores the model of law Microsoft is subject to. Their property rights are acquired from sovereign grants, not absolute entitlement, and their rights can be quashed within the EU as a matter of implicit state power, and without as a matter of international relations, notwithstanding the limitations the EU imbues upon its own powers.

    41. Re:Serious Question: by giorgiofr · · Score: 1

      Oh come on, you know full well half if not more of software value is created by support and updates and upgrades and other services that extend over time. Killing MS would hurt a lot.
      Besides, I don't want some government regulating my usage of software. Who the heck do they think they are? Hands off the market, thank you very much. THEN I can chose whether to use MS or RH or whatever else I like to fiddle with. There's only one thing worse then a monopolistic business and that's a state-regulated business.

      --
      Global warming is a cube.
    42. Re:Serious Question: by mean+pun · · Score: 1
      ok so how do you explain the opening of the source.. sure you have to register/pay for it but it is there.

      Equating source code with documentation should be a criminal offense in its own right. Source code only documents the behaviour of that particular implementation, not the desired behaviour. This is particularly bad for network protocols and file formats. Not to mention that reverse-engineering protocols or behaviour from source code is a serious pain in the seating department.

      Microsoft offering the source instead of documentation means they are either hoping to weasel their way out of a demand they'd rather not meet, or they are far more incompetent than even people on /. think. Make your choice.

    43. Re:Serious Question: by msuarezalvarez · · Score: 1
      Any sufficiently well-organized community is indistinguishable from Government.
      Wow, are you a veteran of the debate over the nature of authority between Marxist socialism and anarchist socialism? Probably not, but I like that sig anyway for that reson. ;)

      Huh? Isn't that just plain common sense?

    44. Re:Serious Question: by 99BottlesOfBeerInMyF · · Score: 2, Informative

      ok so how do you explain the opening of the source.. sure you have to register/pay for it but it is there.

      The source was not as easy to use to create a fresh re-implementation as the API docs. In fact, the licensing pretty much made it legal suicide to try to re-implement after viewing the source. Further, the license made it so MS's biggest competitors, Solaris and Linux could not have integrated the code since it purposely excluded software with their licenses. How exactly does that make for a level playing field in the server OS market, which is, after all, the point of the punishment?

      when you look at linux.. and the documentation for some of the stuff - well it just isn't always there.. sure you can find support and answer your questions.. if mabey[sic] the competition started working with it and messing around and trying instead of getting the EU to do there job then they could make it work..

      Are you joking? Most of the AD stuff was a complete copy of LDAP, which was then intentionally broken in order to stop others from interoperating. Linux and several projects have done a great job of reverse engineering most of those intentional problems and working anyway, but it is a huge effort in time and manpower and it can never be perfect since it is all a black box. The point is, MS connecting their server and desktop with these secret protocols is illegal. It is a criminal offense as MS well knew when they did it. Now, as punishment, they have been ordered to stop breaking the law and you say it is other groups' job to work around MS's illegal action?

      you have to look at it from both sides.. the competition wants MS to hand everythign[sic] over on a silver plater[sic] and teach them to make software for windows.

      The EU wants MS to comply with the law, the same as everyone else and not tie their monopoly to other markets. MS has a monopoly. That means they are obligated to not do anything with that monopoly product that will give them an unfair advantage in another market; in this case the server and media player markets. If MS wants to gain market share and make money in the server market the law says they have to do so by making the best server product, not by illegally tying an inferior server to their desktop product, which everyone has to use since it is a monopoly. You think it is so onerous to demand MS make a better product to compete, rather than doing so by breaking the law? You think they should be able to force everyone to use their drastically inferior server since it is the only one that can properly communicate with their desktop? I guess we fundamentally disagree then.

      the comepition woln't open up their software to the extent they want MS to...

      LDAP and IMAP/POP were open standards, fully documented long before MS had competing closed/obfuscated protocols.

      can someone show me full documentation on how to use the real player api to make it do what i want..

      No one has asked for API documentation regarding Windows Media Player, only the secret interactions of Windows server and desktop. Media player is breaking the law via bundling. That is to say, they will only sell you Windows if you buy Windows + Media Player at the same price. Thus, all consumer have already purchased one media player so it is a huge roadblock to people paying a second time for the player they really want and would have chosen in the first place except for the bundling.

      sure MS has some dirty taticts[sic] but the EU is being much worse

      You are uninformed and just plain wrong.

    45. Re:Serious Question: by mqduck · · Score: 1

      Huh? Isn't that just plain common sense?

      Well... yes. Anarchists are pretty silly.

      --
      Property is theft.
    46. Re:Serious Question: by fymidos · · Score: 1

      That they had the right to impose a fine up to 10% of MS *global income* ?
      If they wanted money, they could have (if my calculations are correct) more than $10 million per day.
      Instead they went for a moderate "you are guilty, but we will fine you only for the money you make in EU" punishment...
      It's a warning: MS might choose to simply pay the fines each day and accept that they only have a
      70% profit margin in EU (as opposed to 80% in the rest of the world).
      Even if they imposed the largest possible fine MS would still be very much profitable though ..

      --
      Washington bullets will simply be known as the "Bulle
    47. Re:Serious Question: by flibuste · · Score: 1

      For once, this lawsuit have cost a few million dollars to the EU. Do you honestly think the EU is trying to make money? That's as ridiculous as can be.

      Also, the EU has no reason to do anything that would make the trade tycoons from USA unhappy.

      Then, in the EU, there are LAWS exactly like in the US. The difference is, since it's a union of pre-existing countries, not simple "states", there is no incentive to protect national interests or no single target to lobby against. There's also much less opportunities for a single corporation to lobby enough in order to bypass one's country laws, less for 25 countries together.

      To sum up, EU is not (yet) driven by profit or oil business, unlike some other well-known places.

    48. Re:Serious Question: by Fire+Dragon · · Score: 1

      Oh come on, you know full well half if not more of software value is created by support and updates and upgrades and other services that extend over time.

      Key thing in here is the over time. We are not talking about MS getting wiped out of Europe over-night, but slowly by each govermental project not accepting any illegal bids, like anything including MS. These bids going to Linux, Apple, Sun, IBM, or any other non-MS-system would increase the need for support on that field. It's demand for MS-jobs that have created base of MS-embloyees. I moved from AS/400 and AIX to Windows just because of the demanpd for support people. If there would be increase on sales for these systems, I'd be back on that area as son as possible.

      Killing MS would hurt a lot
      For MS mayby, not for that many others. Trick is knowing on what end of gun you stand.

      Besides, I don't want some government regulating my usage of software
      But they are regulating your usage of software. This meaning you have leagally purchased your version software that is allowed to be sold in your country.

      There's only one thing worse then a monopolistic business and that's a state-regulated business.
      I'd say worse would be business regulated states, but hey, thats just me and my dislike for monopolies and their power.

    49. Re:Serious Question: by fymidos · · Score: 1

      >the comepition woln't open up their software to the extent they want MS to

      Nobody cares about MS's software. EU wants the protocols opened:
      it goes like this, they don't care how a mouth moves the lips and speaks,
      they want to be able to understand what amouths say to each other.
      They don't want to know how to build a telegraph, they only want a
      manual for the morse code.
      They don't need a television, just the frequency of the channel.

      Surely you can understand now, how simple it is for MS to comply with
      the order?

      --
      Washington bullets will simply be known as the "Bulle
    50. Re:Serious Question: by JayDot · · Score: 1

      Just chalk the delay up to some goverment bureaucracy. The order probably got "sent in, sent back, queried, lost, found, subjected to public inquiry, lost again, and finally buried in soft peat for three months and recycled as firelighters," before finally getting put into practice.

      --
      Meh, a real sig would take too long, and I have an MMORPG to play with....
    51. Re:Serious Question: by Anonymous Coward · · Score: 0

      Microsoft doesn't want the competition to open its sources or its APIs because it doesn't want there to /be/ any competition. It doesn't want to interoperate with any other systems - it wants Windows to be the /only/ system.

      Also, Microsoft is a convicted monopolist whereas linux is not. The rules change when you're a monopoly - especially when you break the law while doing it.

      You're either an idiot, a shill or a troll.

    52. Re:Serious Question: by Ricwot · · Score: 1

      But if the WTO refuses entry to EU member states, they fail to speak for a developed economy larger than the US, and thus lose much of its credibility. Russia, on the other hand, is still relatively poor.

    53. Re:Serious Question: by fymidos · · Score: 1

      >It would bring MS down to its knees in maybe 20 years, laying waste to all of Europe in the process. Do you think it would be that easy?

      The only problem would be that EU consumers will not have a chance to buy vista when it gets out.
      apart from that, existing software will continue to work, and the move to another system would
      be quite smooth.

      On the other hand, MS would loose a third of its income instantly, and the monopoly status in time.
      In a day apple, redhat and novell would multiply their income forecasts and become powerful
      competitors for the US and rest-of-the-world market.
      and, of course the issue in debate, MS protocols would be reversed engineered eventually ...

      i think i could live with that ...

      --
      Washington bullets will simply be known as the "Bulle
    54. Re:Serious Question: by PhoenixPath · · Score: 1

      I think the WTO understand the value of copyright, and I think the EU does as well. I do not believe for one second that either organization would do either of the things we're talking about in this thread.

      The EU might go so far as to refuse MS further entry into their market, but they wouldn't pull the copyright and throw it on the public domain. Again, very doubtful, as it would cost *both* parties involved an enormous amount of money to accomplish this.

      I doubt the WTO will even get involved. I doubt the EU will levy any fines, and I doubt MS will ever be kicked out the EU market.

      Keep in mind, the EU threatened almost the exact same thing in 2004. Funny thing about that....it just wwent away. It's back, but will likely just go away again.

      Must be election time *somewhere* ;)

    55. Re:Serious Question: by susano_otter · · Score: 1
      That they had the right to impose a fine up to 10% of MS *global income* ?
      If they wanted money, they could have (if my calculations are correct) more than $10 million per day.
      Instead they went for a moderate "you are guilty, but we will fine you only for the money you make in EU" punishment...
      It's a warning: MS might choose to simply pay the fines each day and accept that they only have a
      70% profit margin in EU (as opposed to 80% in the rest of the world).
      Even if they imposed the largest possible fine MS would still be very much profitable though ..

      All very reasonable points, but... What guarantee do we have that it's all not just window-dressing, to make the scheme more palatable to the masses and easier for useful idiots and other apologists to justify?

      I mean, there's means and there's motive, and we know that EU Commissioners are just human beings, not saints. It's not like they're somehow more righteous and competent than any other politician.
      --

      Any sufficiently well-organized community is indistinguishable from Government.

    56. Re:Serious Question: by DrXym · · Score: 2, Insightful
      I know myself as a Windows developer that WINE can be an invaluable resource to understanding how the Win32 API works. For the most part the APIs in Windows are fairly well documented, but occasionally you'll come across one which takes a LPVOID which could be one of many structures, all of which have flags, and size members and not enough documentation, or it doesn't make clear who allocates or releases what, or has some flag with a meaningless name and description. WINE can help a lot in those situations.

      I guess MS Engineers are no different. Sometimes looking at someone else's implementations of their own APIs can be less confusing that attempting to make sense of the garbled 10 year old documentation that was written in-house or not even locatable. Still, I would have thought MS would be slapping their staff hard for doing that, for fear of somehow "infecting" their own code by mistake.

      As for MS and this process. I can well imagine that if you are faced with providing documentation that you make sure it's written by a remedial English class, translated into Mandarin, then to Urdu and finally back into English. Then ensure to sort in a useful way such as by how many vowels there are on each page and copiously hyperlink every single instance of "and", "then", "if" but nothing else.

    57. Re:Serious Question: by Anonymous Coward · · Score: 0

      Because as a laptop user I value 100Mb of free space.
      P.S. Captcha = manure (heh)

    58. Re:Serious Question: by Anonymous Coward · · Score: 0
      If that were the case, they'd be making it as difficult as possible for Microsoft to comply with their demands instead of telling them exactly what they are doing wrong


      Interesting that you would say so- this looks a lot like what's going on. The EU's compliance commission has done a miserable job of saying what it wanted- at first, it was specifications for on-the-wire protocols, which MS documented (while appealing the original decision, as is it's right). Then, the commission demanded internal operational specifications- essentially, they've expanded their demand to beyond the scope of the original decision, and they insist that this was what they meant but never said.

      Something else the Commission has done is to hold 'independent' review of the MS documentation as private- meaning that MS has no way to examine review methodology, or to challenge its impartiality. In a case like this, that's like denying the defense the ability to examine the evidence being used to convict them- in legal terms, it's highly irregular. Either the 'independent' review is open and transparent, or it's not independent review. The EU cannot have it both ways- they can't accuse Microsoft of being recalcitrant when they're not willing to talk about the process or work with MS to get clear on just what they want.

      To be clear, I think MS is being stupid about a lot of this- they fought tooth and nail and lost in court, and for their efforts, they won the opportunity to pay a $600m fine, and to ship a version of XP with no media player. Which nobody wanted anyways. Had they been cleverer than a box of rocks, they would have pre-emptively shipped a 'bare metal' sku of windows with no options (no shell, no editor, no notepad, no browser, no nuthin') alongside its existing SKUs, specifically for the crowd who think users are incapable of downloading their own (despite the fact that these self-same users tend almost universally to have figured out how to install flash, quicktime, acrobat reader, and their favorite google/yahoo toolbar). They should call it 'Windows, Litigator version'.

      Microsoft could easily avoid these fines by complying with the court ruling

      Easier said than done, I think. The ruling itself is incredibly vague regarding just what compliance looks like, or how one would measure it. It calls for interoperability documentation, but doesn't specify its scope. Where is the bar?
    59. Re:Serious Question: by 91degrees · · Score: 1

      Highly highly unlikely.

      Have you any idea how ludicrous this idea is? It's absulutely ridiculous.

      This would mean that one branch of government would have to cooperate with another.

      In the EU!!!

    60. Re:Serious Question: by 91degrees · · Score: 1

      hy should a Porche be able to use McLarren doors? More so, why is it wrong for the car to come with the seats included and without an unins^H^H^H^H^H eject button?

      Because neither company has effective control over the car industry.

    61. Re:Serious Question: by Tom · · Score: 1

      The ruling is from March 2004, but they had until December 2005 to comply. They didn't. So they'll be fined. Retroactively. OOps (what's the sound of half a billion going "poof"?)

      --
      Assorted stuff I do sometimes: Lemuria.org
    62. Re:Serious Question: by Tom · · Score: 1

      Sure, they can kick 'em out of the country, but MS should call their bluff.

      You have no idea what you're talking about, right?

      A country doesn't kick you out. It confiscates your assets. Which just happens to be considerably more than the fine.

      When a court of law asks for fines, it is not bluffing.

      --
      Assorted stuff I do sometimes: Lemuria.org
    63. Re:Serious Question: by susano_otter · · Score: 1

      I admit, it's a bit of a stretch, but I don' think it's as unlikely as you make it out to be.

      $2.5MM/day plus an opportunity to stick it to ugly Americans would buy a lot of cooperation...

      --

      Any sufficiently well-organized community is indistinguishable from Government.

    64. Re:Serious Question: by Ricwot · · Score: 1

      The enduring thing about the European Commission, which does everything, as opposed to the parliament, which rubber stamps laws, is the lack of elections to worry about. They don't go away, which is why the copyright and constitution (offtopic, but important, the comission wants Economic, Judicial and Political soverignty over all member states) are still a problem, and why Europe is such a mess when it comes to any kind of reform. Even the parliament is impotent with a 6 month rotating presidency there is no time for change of any kind without a unified need. To say the problem is gone for MS is fallacious; to say that the fines will be backdated is more like it.

    65. Re:Serious Question: by esper · · Score: 1

      Equating source code with documentation should be a criminal offense in its own right.

      Well said! You deserve to be modded up for that statement alone.

    66. Re:Serious Question: by WilliamSChips · · Score: 1

      They have to pay everything from March 2004 to today. That's over two billion.

      --
      Please, for the good of Humanity, vote Obama.
    67. Re:Serious Question: by 9Nails · · Score: 1

      That would suggest that in 2004 the EU had regulations for how an Operating System is supposed to be shipped with-in their boundaries. IMHO, the EU has pulled this mandate out of thin air. I could be mistaken if someone should find such regulations! And they only decided to pull this trick because MS has money. I'm sure there are better battles to fight, but only this one has the promise of a large monetary payoff. I would also like to see their justifying this case by exactly how many EU businesses were affected by MS bundling a media player with the OS.

    68. Re:Serious Question: by Tom · · Score: 1

      I've not heard that so far. If that's the case, I'd be more than happy, but the sources I've read speak of Dec 2005 till now.

      --
      Assorted stuff I do sometimes: Lemuria.org
    69. Re:Serious Question: by Anonymous Coward · · Score: 0

      "an opportunity to stick it to ugly Americans " might be attractive, but $2.5m is not going to buy very much over here with the current state of the dollar.

      $2.5m is less than 2m Euro, and only a bit more than £1m. It's the cost of a middle manager (with bonus and pension provision) where I work in the City. I would be embarrassed if I went in to bribe the Commission with this sort of money. If the US keeps up their downward slide, that sort of money would be paying the coffee bill for the Council of Ministers in a few years.

  4. Bundle? I lol'd by voice_of_all_reason · · Score: 4, Interesting

    change how they bundle Media Player.

    I don't think you can bundle anything more than making it completely uninstallable.

    //open to pointers on how to excise MP10 from my new machine completely.

    1. Re:Bundle? I lol'd by Zerbs · · Score: 1

      I don't understand the "bundling" problem. Linux distributions brag about all the bundled products they include with them. The problem isn't that it's bundled, it's that certain MS products deep link into or even replace OS libraries that competitors don't have access to. You can't expect them to really sell an OS for home or business use that doesn't have a media player, it makes no sense.

      --
      "22 astronauts were born in Ohio. What is it about your state that makes people want to flee the Earth?" Stephen Colbert
    2. Re:Bundle? I lol'd by Anonymous+Cowled · · Score: 1

      "//open to pointers on how to excise MP10 from my new machine completely."

      XPLite can do that, or nLite. There's plenty of tools for this sort of thing - you'll be able to find them in google, or popular torrent sites.

    3. Re:Bundle? I lol'd by TheQuantumShift · · Score: 1
      I'm sure there are other ways (including free ones) but this was the first thing off the top of my head:

      http://www.litepc.com/xplite.html

      --

      Shift happens. Fire it up.
    4. Re:Bundle? I lol'd by Bert64 · · Score: 1

      All these things should be modular and removeable...
      Even the "server" versions of windows have media player and it can't easily be removed, what's the point in that?

      The backend libraries should be bundled, but the codecs and frontend players (complete with advertising) should be optional downloads...
      And it should be up to OEMs like Dell, HP, etc to create a fully useable bundle of applications, just like redhat etc do.
      The base OS should be exactly that, a minimal base with everything easily removeable and anything nonessential to be installed by a distributor.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    5. Re:Bundle? I lol'd by scm · · Score: 1

      "//open to pointers on how to excise MP10 from my new machine completely."

      Don't run windows. ;-)

    6. Re:Bundle? I lol'd by esper · · Score: 1

      Basically, the problem isn't bundling. The problem is that Microsoft is using bundling as a way to turn its monopoly on operating systems into a monopoly on operating systems and browsers/media players/etc.

      Apple, Red Hat, etc. don't have a monoply in the first place, so they are, by definition, incapable of using bundling as a means to improperly expand the scope of a monopoly.

  5. Oh noes! by JoeLinux · · Score: 4, Funny

    Poor, poor Microsoft.

    How will they come up with enough change out of Bill Gates' couch to pay that daily?

    They might have to pull directly from the company coffee fund!

    1. Re:Oh noes! by LnxAddct · · Score: 2, Insightful

      Heh, that is over 900 million a year (and I believe this fee is retroactive). I'd like to see *any* corporation justify to its stock holders that they are blowing nearly a billion a year (unless of course Microsoft realized significantly more buisness oppurtunities as a result).Either way, I'm sure the EU wouldn't mind a billion extra on the books.
      Regards,
      Steve

    2. Re:Oh noes! by gregorythegreek · · Score: 1

      microsoft is superior.....the world is theres......!

  6. Re:Nothing for you to see here. Please move along. by justkarl · · Score: 4, Informative

    I think it was at least a year ago that the EU would fine microsoft every day.

    Scratch that. If I RTFA, I would know that that was exactly what they said in 2004.

  7. Now THAT is a lot better... by Noryungi · · Score: 2, Interesting

    ... Than the limited (though enormous) fines the EU was talking about the last time. Last I recall, the total fine was around 50 million dollars.

    US$ 2.5M per day should be enough to get Microsoft full and undivided attention and, hopefully, make it play nice with other software suppliers. Or at least put on a better show of compliance.

    Yes, I am rabidly anti-Microsoft... How could you tell? :-)

    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
    1. Re:Now THAT is a lot better... by Mateo_LeFou · · Score: 1
      I'm not seeing the amount as sufficient to capture MS's "undivided" attention. I see a simple cost-benefit analysis:

      Pay whatev-percent (1? 1.5?) of our annual revenue and do business as usual
      or
      Let go of the mechanism (lock in) by which we make $________/yr.

      --
      My turnips listen for the soft cry of your love
    2. Re:Now THAT is a lot better... by mikesd81 · · Score: 3, Insightful

      Microsoft will never play nice. What's totally amazing is other countries are imposing theses rulings, but in America they get away with it. If all these other countries think it's wrong, maybe it is.

      --
      That which does not kill me only postpones the inevitable.
    3. Re:Now THAT is a lot better... by 99BottlesOfBeerInMyF · · Score: 2, Informative

      Now THAT is a lot better... Than the limited (though enormous) fines the EU was talking about the last time. Last I recall, the total fine was around 50 million dollars.

      You're a little confused. The fine has remained 2.5 million a day, but it started racking up quite a while ago, so the payment due is now well over 50 million and going up by 2.5 million a day. The EU has just delayed collection of the fine for a while.

    4. Re:Now THAT is a lot better... by Rob+Riggs · · Score: 1
      What's totally amazing is other countries are imposing theses rulings, but in America they get away with it.

      America -- you mean the Corporate States of America? Sorry, we haven't yet gotten around to amending our constitution to reflect the name change.

      Here's a bit from our upcoming amended Declaration of Independence:

      We hold these truths to be self-evident, that all corporations are created equal, that they are endowed by the State with certain unalienable Rights, that among these are Incorporation, Indemnity, and the pursuit of Profit.

      --
      the growth in cynicism and rebellion has not been without cause
    5. Re:Now THAT is a lot better... by l3v1 · · Score: 1

      Microsoft will never play nice.

      I really am not saying this here as an anti-MS, but realistically speaking, you probably could change that company name in that sentence to any other big corp's name. Their goal is not to play "nice", their goal is growth and profit. Sometimes both can be done while playing nice, sometimes not. It's like football, but MS ain't no Brazilian football team for sure.

      --
      I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
    6. Re:Now THAT is a lot better... by sconeu · · Score: 1

      Delete the words "the pursuit of" from your amended Declaration.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    7. Re:Now THAT is a lot better... by TubeSteak · · Score: 1

      Europe and the U.S. have different philosophies regarding anti-competitive business practices.

      Europe mainly wants to protect businesses from anti-competitive practices

      The U.S. mainly wants to protectect consumers from the results of anti-competitive practices

      --
      [Fuck Beta]
      o0t!
  8. Respect by Tom · · Score: 5, Insightful

    It's all a questions of respect. The US government barked, but when it came to biting, they didn't. As a result, MS does not and will probably not ever again have respect for them.

    Apparently, someone in the EU has some soft skills and knows that at this stage it isn't about being right or wrong or fair or blablabla. If the EU doesn't bite after making so much noise about it, they'll have a hard time ever getting MS to comply with anything.

    --
    Assorted stuff I do sometimes: Lemuria.org
    1. Re:Respect by firl · · Score: 1

      In regards to bark/vs bite, yes I agree, The EU should have never been put in this situation and forced to do the job of the American system, its unfair to them. - Firl

    2. Re:Respect by HaeMaker · · Score: 3, Interesting

      Keep in mind, that the US had a regime change between the bark and the bite. MS has not been able to find the right politician or political office to influence in the EU to make this go away.

      In the US, under Clinton, there was an overwhemling victory against MS. When the judge could not keep his mouth shut and the case was up for retrial, under Bush, the government struck a sweetheart deal.

      I, personally, did not see any problem with a judge calling a bunch of criminals, criminals, after he had seen all the evidence, but hey, what do I know, I live in the real world.

    3. Re:Respect by Brandybuck · · Score: 1

      Instead of trying to get MS to comply with the politicians, maybe they should just stop SUPPORTING the problem by not purchasing Microsoft's goods and services. The only reason Microsoft is a monopoly is because the people who complain about their monopoly are running Windows.

      --
      Don't blame me, I didn't vote for either of them!
    4. Re:Respect by Chris+Burke · · Score: 1

      In the US, under Clinton, there was an overwhemling victory against MS. When the judge could not keep his mouth shut and the case was up for retrial, under Bush, the government struck a sweetheart deal.

      I, personally, did not see any problem with a judge calling a bunch of criminals, criminals, after he had seen all the evidence, but hey, what do I know, I live in the real world.


      Well, I think the comments while accurate were probably out of line with how a judge should act. What I find rather telling is that even though the appeals court did find that the judge had accted innapproriately, they upheld his finding of fact in its entirety and upheld his ruling. The case was very solid enough that there was no basis for appeal. It was a slam-dunk victory, and the DoJ was clearly excited. This is why the abrupt turn around after Bush took office and appointed a new attorney general was so apparent. I was expecting a change in attitude, but not for them to just drop all ambitions of real penalties. The worst part being their excuse, claiming it would be too difficult to get a penalty that Microsoft would agree to. What? I would have thought the hardest part was proving Microsoft had broken the law; having done so, how on earth could it then be difficult to punish them? It's not, the new doj just didn't want to punish them.

      --

      The enemies of Democracy are
    5. Re:Respect by crhylove · · Score: 1

      You stated a regime change. I didn't really consider Clinton a regime, though, since Kennedy, pretty much every president has been a regime, really.

      I like how we're bombing the shit out of desert countries to promote "freedom". Slap me if I'm wrong, but doesn't freedom mean elections and such? How would anyone consider our current system as anything close to real elections?

      We Love Diebold.

      rhY

      --
      I hold very few opinions. I hold information based on observation and fact. If you wish to disagree, please use facts.
    6. Re:Respect by kavau · · Score: 1
      In theory, the executive and the judicative branches of government should be separated, and neither should have undue influence over the other. Hence the regime change should have had no effect on the outcome of the trial.

      But as you said, unfortunately we live in the real world... and in the United States, Separation of Powers is only a dream.

    7. Re:Respect by Tom · · Score: 1

      Instead of trying to get MS to comply with the politicians, maybe they should just stop SUPPORTING the problem by not purchasing Microsoft's goods and services.

      Yes, Mr. Bush. Except that the rest of us still believe there's something like the division of power and the judicial branch is not a customer of enough size or purchasing power to influence MS policy.

      --
      Assorted stuff I do sometimes: Lemuria.org
    8. Re:Respect by Brandybuck · · Score: 1

      What the fsck does Bush have to do with it? If you don't like Microsoft, don't use Microsoft's products. Simple. This applies not just to you as a person, but to the EU has an organization. Imagine if the EU and every government within it suddenly stopped using Microsoft products...

      --
      Don't blame me, I didn't vote for either of them!
    9. Re:Respect by Tom · · Score: 1

      No, it isn't that simple, Mr. Bush. The real world is seldom simple enough to have a black-or-white, with-us-or-against-us, like-it-or-leave-it solution.

      The question is not and never has been whether or not "The EU" - well, more specifically the EU anti-trust commission - likes or dislikes MS products. It is MS business practice that is under scrutiny here. You know, the whole illegal leveraging of monopoly position thing.

      But if you want to have it simple, how about this one: MS broke the law, now they have to pay a fine. Simple enough? :)

      --
      Assorted stuff I do sometimes: Lemuria.org
    10. Re:Respect by Brandybuck · · Score: 1

      I'll make it simple for you, Mr. Kerry. Why do you insist on doing business with a company that is breaking the law?

      --
      Don't blame me, I didn't vote for either of them!
    11. Re:Respect by Tom · · Score: 1

      I personally don't. But I don't see why level-of-adherence-to-law should replace punishment. You break the law, you get convicted, you pay your fine. What's that got to do with buying decisions?

      --
      Assorted stuff I do sometimes: Lemuria.org
  9. Oh MEINE GOTT! At that rate.. by Ancient_Hacker · · Score: 3, Funny

    at that rate, they can only hold out for 33 years!!

  10. Microsoft's Response by Anonymous Coward · · Score: 0

    Somehow I'm guessing that "The check's in the mail" wouldn't be enough for the EU here?

  11. No Confusion by selvarajank · · Score: 1

    Now Bill will have no confusion in how to spend what Warren Buffett gave him. He now should be seriously thinking of changing his name from Bill to NOBILL

    1. Re:No Confusion by rob1980 · · Score: 1

      He now should be seriously thinking of changing his name from Bill to NOBILL

      Wow, that was so clever.

    2. Re:No Confusion by Anonymous Coward · · Score: 0

      That joke was fucking awful. Go die in a fire.

  12. It's only money... by Itninja · · Score: 2

    If I did my math right, isn't that like 9-something-billion per year in fines? And doesn't MS generate something like 40 billion per year in revenue? I say they won't even notice....

    --
    I judt got a nre Kinesis keybiartf so please excusr ant egregiou typos.
    1. Re:It's only money... by Professor_UNIX · · Score: 4, Interesting
      If I did my math right, isn't that like 9-something-billion per year in fines? And doesn't MS generate something like 40 billion per year in revenue? I say they won't even notice....
      No, it's $912,500,000 a year in fines. I would say Microsoft doesn't *like* to throw away a billion dollars a year on fines, but it certainly wouldn't put them out of business.
    2. Re:It's only money... by linvir · · Score: 1

      How do you think they got so rich? It wasn't by haemorrhaging millions of dollars per day and not noticing.

    3. Re:It's only money... by PFI_Optix · · Score: 1, Funny

      If you wouldn't miss 20+% of your annual income, please forward your Q4 paychecks to my bank account. Thanks.

      --
      120 characters for a sig? That's bloody useless.
    4. Re:It's only money... by PRC+Banker · · Score: 1

      If I did my math right, isn't that like 9-something-billion per year in fines?

      More like USD900mn. And your revenue figure roughly OK, but Net Income was $12bn.

      I'd say their investors would notice a revenue drop of roughly 7.5%.

      Of course, their net income generated from the EU is much less than the $12bn mentioned above, therefore the impact from a discrete product market is even more severe.

      --
      Oh.
    5. Re:It's only money... by i_am_not_a_script_03 · · Score: 1

      errr..
      Revenue means nothing.
      His estimated net worth for 2006 is around $50 billion. I'm sure he'll notice.

    6. Re:It's only money... by DrSkwid · · Score: 1

      The $2.5mil is arbitrary. An amount to decided to be appropriate to the infraction.

      Continued wilfull non-compliance can result in unlimited fines and being barred from trading in the EU.

      I think they might notice expulsion from Europe.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    7. Re:It's only money... by Iamthefallen · · Score: 1

      I think they might notice expulsion from Europe.

      So would Europe.

      --
      Wax-Museum Fire Results In Hundreds Of New Danny DeVito Statues
    8. Re:It's only money... by schmiddy · · Score: 1

      If I did my math right, isn't that like 9-something-billion per year in fines? And doesn't MS generate something like 40 billion per year in revenue? I say they won't even notice....

      No, it's $912,500,000 a year in fines. I would say Microsoft doesn't *like* to throw away a billion dollars a year on fines, but it certainly wouldn't put them out of business.


      There seems to be a popular misconception on Slashdot that, since Microsoft has a lot of cash on hand ($33B to be exact) and makes a good chunk more every year, that they don't give a damn about small potatoes like $1B/year in EU fines, Xbox subsidization losses, and other stupid business moves costing them money.

      Obviously, none of you have ever owned stock before. Take a look at Microsoft's historic stock prices. Notice a trend? Zooooooom until 2000, and they've been in a slump ever since. Yes, they're still quite profitable (32% profit margin is astronomical), but the investors clearly see blood in the water. MSFT shareholders are actually pretty pissed at the company's stupid moves, especially with the Vista fiasco, and are working hard to ensure Microsoft doesn't slowly kill itself. If you really think Microsoft is some unbeatable juggernaut, put your money where your mouth is and jump on their stock right now while it's at the bottom of a 5.5 year slump. Nothing can stop them, not even fines from the EU, right? If you're like me, and see them not as unbeatable but as slowly evolving into irrelevance in an OS-agnostic world, sell 'em short or stay away. Mark my words, Microsoft, Sun, SCO, and similar big players with no plan for the future are all headed down the same path.

      --
      http://cltracker.net -- powerful craigslist multi-city search
    9. Re:It's only money... by WeAreAllDoomed · · Score: 1
      So would Europe.

      for the better.

      --
      free software, open standards, open file formats, no software patents.
    10. Re:It's only money... by oahazmatt · · Score: 1
      No, it's $912,500,000 a year in fines. I would say Microsoft doesn't *like* to throw away a billion dollars a year on fines, but it certainly wouldn't put them out of business.

      Firstly, in a business sense, to continue paying the fine is simply ludicrous. No one is going to want to report a recurring annual loss of $913- billion for the sole reason of someone's obstinance.

      Secondly, I see some posts that report Microsoft has "$30+ billion in the bank" and could "live for 40 years" paying that, but is that taking into account current or future expenses? This is not just a case of dividing the corporation's net worth and dividing by $913 billion and having a final figure. I do not believe that this fine does not hurt Microsoft. Even if the fine does not impact Microsoft financially (I'm sure the stockholders would be concerned about this money being frittered away so carelessly should management do nothing to circumvent it) it would impact in other ways.

      The first time the fine actually poses a problem, should Microsoft still not want to comply with the regulations, the company would most likely eliminate some cushy code-monkey positions at the bottom of the employment ladder. Were I a Microsoft employee reading this today, I would greatly worry about my job security. The "$30 billion in the bank" is for future development, new offices, new employees, pending acquisitions, etc. To think from a business standpoint that Microsoft would so willingly immediately tap into that without cutting the cost somewhere is ridiculous.
      --
      Those who believe the Internet is private,
      find their privates are on the Internet.
    11. Re:It's only money... by mrchaotica · · Score: 1

      Not Belgium! : )

      --

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

    12. Re:It's only money... by PhysicsPhil · · Score: 1

      If I did my math right, isn't that like 9-something-billion per year in fines? And doesn't MS generate something like 40 billion per year in revenue? I say they won't even notice....

      $900 million per year actually. That is before the investors with their litigation-happy lawyers get in on the act. A company's job is to make money, and to engage in actions that result in losing an extra ~$1 billion (after tax) in profits is just asking for an avalanche of lawsuits from unhappy shareholders.

    13. Re:It's only money... by l3v1 · · Score: 1

      wouldn't put them out of business

      It's not about remaining in the businness. If you're a shareholder, a company that doesn't grow or throws a bil. a year out in the wind and not spending it with the goal of growing, is just smelling rotten like a long dead dog's head.

      --
      I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
    14. Re:It's only money... by Anonymous Coward · · Score: 0

      $913 billion

      Psst.. it's $913 million, although I know everyone on /. wishes that it was $913 billion per year.

    15. Re:It's only money... by TrancePhreak · · Score: 1

      It's $913 million per year. I agree with much of what you said, but I believe the EU is more interested in the money than anything. MS supplied what they had and the EU dismissed it.

      --

      -]Phreak Out[-
    16. Re:It's only money... by OldeTimeGeek · · Score: 1

      What does his net worth have to do with anything? If the Microsoft Corporation loses money do you think it'll come directly out of his pocket? His net worth is tied to Microsoft stock, so he, as a stockholder, may feel some effect if Microsoft stock went down. But so will all of the other stockholders.

    17. Re:It's only money... by oahazmatt · · Score: 1

      Thank you for correcting me. I type these out at work while the supervisor isn't on one of his many walks through my department. (Don't think he works, either.)

      But I stand by my point that this money being tossed away would eventually hurt Microsoft. Also, the EU gains either way. They would either continue to collect the fines, or would force Microsoft to open up APIs allowing for better third-party software.

      --
      Those who believe the Internet is private,
      find their privates are on the Internet.
    18. Re:It's only money... by Anonymous Coward · · Score: 0

      Well, they -could- raise the price of the EU version of Windows to offset that amount. (a somewhat indirect way for EU to tax its own people).

    19. Re:It's only money... by Space+cowboy · · Score: 1

      So would Europe

      Yeah, but not much... At least, I think Europe can survive without MS. I don't think the reverse applies.

      It's not as though all the existing XP/NT installations suddenly stop working, it just means there's a huge new market (for local-to-Europe companies) to migrate people away from MS technology. Linux wins bigtime, or perhaps Apple.

      But it would never come to that anyway - at the moment, the EU is playing nicey-nicey... a fine is all that's been suggested. If the EU start to play hard-ball, MS will very quickly sit-up-and-beg. The shock to their business of losing 25% of their market could in fact be fatal, and they wouldn't risk that.

      Simon

      --
      Physicists get Hadrons!
  13. Re:Oh MEINE GOTT! At that rate.. by Ancient_Hacker · · Score: 5, Interesting

    oops, bad math, they can hold out for 666 years based on their market value, forever if you assume they get 4% interest.

  14. what are they going to do with the money? by LodCrappo · · Score: 4, Interesting

    So they fine MS... assuming MS actually pays (seems kind of unlikely), what are they going to do with the cash? I RTFA and it didn't mention it. I'd love to see it go to aiding the folks that MS's anticompetitive tactics have hampered, but how would that work? Or would they give it to charity, use it to lower taxes a tiny bit, something positive for people?

    --
    -Lod
    1. Re:what are they going to do with the money? by Overzeetop · · Score: 1

      They'll spend it on somthing unrelated that helps the families/friends of those in power. It's how all of these organizations work. Heck, it's how the world works. The point is to hurt MS for their noncompliance. The extra cash in the coffers means they can start a new program or three, then when the penalty money runs out, they'll ask for more money from the EU countries to continue these programs, and your countries will, in turn, raise your taxes.

      Don't you feel better now?

      --
      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:what are they going to do with the money? by Daneboy · · Score: 1

      There's no reason why this money would be earmarked for any particular purpose. Just like any other fine imposed by the government. It becomes the government's money, just like the $250 speeding ticket I paid earlier this year.

      Realistically, most of it will probably end up in the lawyers' pockets anyway -- I don't imagine that court costs in Europe are any less outlandish than here in the US. :-)

      --
      /* "Specialization is for insects." -Heinlein */
    3. Re:what are they going to do with the money? by Anonymous Coward · · Score: 0

      would they give it to charity, use it to lower taxes a tiny bit, something positive for people?

      Hahaha... I'm from Europe and I know they would rather burn the money than that... ridiculous...

    4. Re:what are they going to do with the money? by LarsWestergren · · Score: 1

      Well, if I know the EU, it will go to French farmers. Seriously, almost half the EU budget each year goes to the "Common Agricultural Policy". If only they would spend it on research, education or healthcare instead...

      --

      Being bitter is drinking poison and hoping someone else will die

    5. Re:what are they going to do with the money? by Sumadartson · · Score: 1
    6. Re:what are they going to do with the money? by asuffield · · Score: 1

      what are they going to do with the cash?

      I'm afraid it will probably be 'lost'. No really, the EU has notoriously bad accounting and huge amounts (millions of euros) of money go missing every year. Nobody's sure whether it's embezzeled or wasted or just sitting somewhere that nobody can find, but there are gaping holes in their accounts. Unfortunately the EU is not under the jurisdiction of any country, and since it has no direct taxpayers it doesn't have useful accounting laws - this would be totally illegal if it was done by the government of any member country. If a corporation did it, their directors would be immediately arrested for fraud while the relevant organisation conducted an autopsy of their accounts. But the EU is apparently unaccountable.

    7. Re:what are they going to do with the money? by mindstormpt · · Score: 1

      Realistically, most of it will probably end up in the lawyers' pockets anyway -- I don't imagine that court costs in Europe are any less outlandish than here in the US. :-)

      They actually (and maybe surprisingly) are. And usually the government lawyers are on staff and don't exactly get a share of the winnings. Note however that I haven't read anything specific about this case, and am only speaking generally.

    8. Re:what are they going to do with the money? by Tom · · Score: 1

      assuming MS actually pays (seems kind of unlikely)

      Why do you think that? Fighting tooth and nail in a court is standard business practice. But not paying a court-ordered fine ranks highly on the "most idiotic things imaginable" for any serious business. Because, you know, the court are the guys who tell the other guys, the ones with the guns, to please go and enforce that ruling if they don't terribly mind.

      If MS doesn't pay up, the EU will simply confiscate their european holdings, and liquidate them until the fine is paid. They do have that kind of power, much like they can put you in a cell if you slaughter your neighbour.

      --
      Assorted stuff I do sometimes: Lemuria.org
    9. Re:what are they going to do with the money? by tetabiate · · Score: 1

      Easy, the money will help to encourage european companies to painlessly switch from MS software to OSS.

    10. Re:what are they going to do with the money? by NoOneInParticular · · Score: 1

      That's true. What's also true is that the annual budget of the entire EU bureaucracy is less than 1% of the gross national income of its 25 members. That's about 40% of the budget of a small nation such as the Netherlands (112 billion vs. 260 billion). And yes, most of it (45%) goes to agriculture.

    11. Re:what are they going to do with the money? by HalAtWork · · Score: 1

      Perhaps the money should be used to fund open protocols/APIs and solve the problem they are fighting against in the first place.

    12. Re:what are they going to do with the money? by kinkie · · Score: 1

      It's pretty simple: either MS pays or it cannot do any business within the EU (and probably gets its assets confiscated and sold off like someone else suggested).

      They'll kick and scream and drag their feet, but pay in the end.

      --
      /kinkie
  15. Let's get it on! by grev · · Score: 0, Flamebait

    Greed-driven Microsoft vs the avaricious European Union, FIGHT!

    1. Re:Let's get it on! by nexxuz · · Score: 1

      According to GoogleFight the results don't look too good for all of us

      --
      I love random hex numbers! Just like this one, 09f911029d74e35bd84156c5635688c0.
  16. Re:Oh MEINE GOTT! At that rate.. by Anonymous Coward · · Score: 0

    Longer than that - Microsoft still brings in more than that each day...

  17. Clarification by UnknowingFool · · Score: 4, Informative

    Under that ruling, Microsoft must open up parts of their operating system to competitors, and change how they bundle Media Player.

    Just for clarification before anyone gets on their soapbox about how Microsoft shouldn't have to open their code to competitors, that is not the parts that the EU wants. They want MS to dislose API type information so that competitors can better interface with Windows. i.e. Samba.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
    1. Re:Clarification by awkScooby · · Score: 1
      They want MS to dislose API type information so that competitors can better interface with Windows. i.e. Samba.

      not API information, but rather they are required to disclose how their protocols work (actually they may be required to disclose the undocumented APIs they use as well). APIs are just useful if you're programming on windows. To make competing servers, you need to know how the protocols work. Describing how protocols work does not require providing any source code, which is why Microsoft's offer to license their souce code (under unreasonable terms (if you write open source software, that is)) didn't meet the EU's demands.

      Of course, the rampant speculation is that Microsoft doesn't have documentation on how their protocols are supposed to work -- that they just rely on the source code. That theory explains a number of things, like why they're having such a hard time getting Vista out the door (how many times did they have to start over?).

    2. Re:Clarification by ACMENEWSLLC · · Score: 1

      >>Under that ruling, Microsoft must open up parts of their operating system to competitors, and change how they bundle Media Player.
      >>Just for clarification before anyone gets on their soapbox about how Microsoft shouldn't have to open their code to competitors, that is not the parts that the EU wants. They want MS to dislose API type information so that competitors can better interface with Windows. i.e. Samba.

      Don't leave out the virus writers. As soon you you show the EU this information, the virus writers will also have it.

      I side on Microsoft in this regard. Microsoft has a superior operating system. That is why they control over 90% of the desktop market. Why punish them for making it better? That must be a socialist ideal.

      Personally, I'd love to have access to the Exchange interface specifications. But I don't think I, nor anyone, has a right to demand they release that information.

      And if anyone asks again why Microsoft Vista is going to be so expensive, you know. The EU just wants to get their hands in the pot.

    3. Re:Clarification by WilliamSChips · · Score: 2, Insightful
      Don't leave out the virus writers. As soon you you show the EU this information, the virus writers will also have it.
      Why doesn't the opensource community, which should obviously be at a disadvantage in this regard according to you, have bugs and such corrected much quicker than Microsoft, and why do open crypto algorithms have less holes than the closed ones?
      Microsoft has a superior operating system. That is why they control over 90% of the desktop market.
      No, they control 85% of the desktop market because they got lucky with IBM. That's the computer equivalent of winning the lottery.
      Why punish them for making it better? That must be a socialist ideal.
      Why not punish them for screwing us over(which is what they're doing)? That seems to be a propertarian ideal.
      And if anyone asks again why Microsoft Vista is going to be so expensive, you know. The EU just wants to get their hands in the pot.
      Oh, please. Windows was expensive even before the anti-trust rulings in the US. Microsoft is too greedy.
      --
      Please, for the good of Humanity, vote Obama.
    4. Re:Clarification by Bert64 · · Score: 1

      Why are you using the Internet then?
      Your using TCP/IP, and HTTP at the very least, these are both open standards that were set free by their creators, and flourished as a result... Do you really think the internet would be so widely used today if it weren't for open standards?

      Look at the old closed networks like MSN, Compuserve and AOL... AOL is the only one that really has any users anymore, and most of their users just use the service to access the internet, and their userbase is declining.

      The internet is all about freedom, freedom to access information, and freedom to access it in whatever way you choose, proprietary protocols go completely against that.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    5. Re:Clarification by Duhavid · · Score: 1

      You forgot about the OEM agreements that made it
      so that the price of any competing OS product had
      the windows price added to it ( making even free
      look pricey, distorting the market, ensuring
      people bought Microsoft ).

      --
      emt 377 emt 4
    6. Re:Clarification by Moofie · · Score: 1

      "And if anyone asks again why Microsoft Vista is going to be so expensive"

      It's because you, and people like you, will pay for it. Let me know how that works out for you, OK?

      --
      Why yes, I AM a rocket scientist!
    7. Re:Clarification by UnknowingFool · · Score: 1

      Don't leave out the virus writers. As soon you you show the EU this information, the virus writers will also have it.

      Virus writers seem to exploit Windows just fine without them. Will opening up this information make it easier to write viruses? Yes, but no more than releasing specs on SMTP,HTTP, FTP, etc.

      And if anyone asks again why Microsoft Vista is going to be so expensive, you know. The EU just wants to get their hands in the pot.

      So it has nothing to do with the 5+ years of development, the two restarts, and many feature/scope changes?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    8. Re:Clarification by fermion · · Score: 1
      Also, it is interesting that this has been the major fight between developers and MS for at least the past 10 years. It was alleged that it was difficult to compete with MS in DOS because they not release all the interrupts even though those interupts appeared to be used in MS software. Later, it was alleged that MS would change the behavior of private interfaces, i.e. interfaces that MS did not want others to use, so as to break non MS software.

      No matter where one stands, it is clear that MS considers MS windows to be it's private property, which is reasonable, and only wishes others to interact with it under very controlled circumstances. The problem is that this is like leasing a location to open a firm, but knowing that at any minute the lease could be terminated.

      Many defenders of MS say that the API problems comes about merely because MS has never mapped all the APIs, and the damage to third party software is unintentional. Given the problems with MS vista, I am willing to believe that MS has a completely borked development process. OTOH, given the wonderful books that have come out of MS, especially the Mac division, I also believe that MS has the ability to do better. Therefore, this EU ruling should be seen as a good thing. If it forces MS to clean up it's engineering, that will only be a benifit to MS and it's customers. The APIs can then be released to the public as the standards tha MS wants then to be.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    9. Re:Clarification by kylef · · Score: 1
      Just for clarification before anyone gets on their soapbox about how Microsoft shouldn't have to open their code to competitors, that is not the parts that the EU wants. They want MS to dislose API type information so that competitors can better interface with Windows. i.e. Samba.

      No, they want Microsoft to disclose in detail how its client/server protocols operate. See, Microsoft's competitors want to develop server-based tools on Linux and other platforms which compete with Windows Server. To do this, they want to utilize the Microsoft networking client that is built into Windows 2000/XP/etc. If they can achieve this feat, then they don't need to develop their own client software.

      That is what really bugs me. Nothing is stopping these companies from developing their own client software to run on Windows desktop operating systems. But they won't do it because they would rather use the protocols built into Windows, which Microsoft had only intended to work with its own products (Windows Server). After all, why develop your own client software when you can utilize your local government to force your competitor to let you use it for free?

      Face it, there is nothing stopping these competitors from writing their own client software on Windows using the same TCP/IP stack that the Microsoft client is built on. Novell shipped a Netware client for Windows for years which was popular despite Microsoft including a competing Novell client built-in. But Microsoft's competitors here just don't want to do that work. This isn't about being "interoperable"; it's about money. These competitors want to have an easy way to compete with Microsoft rather than developing their own solution.

      It's also about the Samba project, since that project's entire modus operandi is to utilize Microsoft's built-in client stack by fooling it into believing it is actually talking to a real Windows Server. The Samba team could have written its own client software to integrate into Windows, but instead it chose to utilize Microsoft's client so that the user wouldn't have any idea that he wasn't on a true "Windows-based" domain/server environment.

  18. Dear EU, by Opportunist · · Score: 4, Funny

    Thank you for fining us. Enclosed you find our offer about Windows Vista special EU edition, the ONLY edition the EU parlament and its associated organs may use. A license costs 2*10^6 USD a day.

    Or, could we talk that fine thing over, maybe?

    (it's fun to have a monopoly, ain't it?)

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Dear EU, by 1u3hr · · Score: 1
      (it's fun to have a monopoly, ain't it?)

      Sovereign governments trump business monopolies. The various national governments could just legislate compulsory licences and pay whatever they wanted. But more likely they'd just transition to Linux; that would frighten MS much more.

    2. Re:Dear EU, by Opportunist · · Score: 1

      They won't.

      Some offices tried here. The result was less than overwhelming. Because the people working there did their best to sabotage the idea.

      I mean, try to teach a bureaucrat new tricks...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Dear EU, by DrSkwid · · Score: 1

      Hmm, we'll take your $2*10^6 and raise it to unlimited fines and being barred from trading in Europe.

      Or, could we talk that API specification over, maybe ?

      (It's fun to be a trading bloc, ain't it?)

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    4. Re:Dear EU, by Anonymous Coward · · Score: 0

      Actually, I would rather like it if the EU decided to simply bar the sale of Vista until such times as adequate documentation for it was also made available on reasonable and non-discriminatory terms, as was required by the courts for Windows. A kind of "Won't get fooled again" move. That is of course in addition to the fine for the ongoing violation of court orders that is still occuring at the moment.

    5. Re:Dear EU, by Rithiur · · Score: 1

      People use Windows out of necessity (generally speaking). If anything, Microsoft can not afford to lose it's monopoly. If this is the price they have to pay for it, then they will obey.

      You see, if Microsoft took out it's business (or started pulling some stupid stuff) from EU, that would mean that people have to adapt to other operating systems. Once large number of Europeans switch their operating system to something else than Windows, it would also mean that other operating systems become viable platforms to develop for, and we would probably see a huge rise in cross platform programs.

      Increase of cross platform software accomppanied with better support for other platforms would mean that suddenly people don't need to use Windows anymore. It wouldn't just mean that they lose their european markets, but they would lose market all around the world, because other operating systems become good options for companies and individuals.

      Thus, Microsoft simply can not afford to lose it's monopoly and they are probably willing to spend a lot of money to maintain it, if they have to.

    6. Re:Dear EU, by 1u3hr · · Score: 1
      Because the people working there did their best to sabotage the idea.

      In the entirely hypothetical case of a faceoff with MS, motives would be different. It'd virtually be treasonous to do that.

    7. Re:Dear EU, by Opportunist · · Score: 1

      *bureaucrat picking up his phone*

      Here. Call someone who cares.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:Dear EU, by mgblst · · Score: 1

      If this is such a trifling amount, as some people on here are suggesting, then what would be the next step for the EU. If Microsoft simply paid the fine, incorporated it as part of doing business in the EU (a licence fee if you will), then what is the next step for the EU.

      Incresing the fines is one way. Stopping the sale of some Microsoft products would surely get their attention, but is this something that European businesses could actually handle? While I think it would be good to force businesses to look at alternatives, it would surely have a negative effect on businesses in the short term- thus hurting the EU.

      If the EU were serious about this, they should spend a lot of money on improving the alternatives, to a point where they can replace Microsoft products. This I think, would definately hurt Microsoft.

  19. Re:Nothing for you to see here. Please move along. by archen · · Score: 1, Interesting

    Despite how much I dislike MS I'm starting to wonder if it's even their fault. I mean they keep stumbling and stumbling. "We need Vista out the door now", they still can't do it. I'm not saying that MS isn't purposly dragging their feet here, but I wonder if behind the scenes it's just such a mess of code and red tape that they're honestly having a hard time complying. It's still just an excuse though and the fines could stand regardless.

  20. MSFT Trade Secrets by neonprimetime · · Score: 2, Insightful
    claiming that the Commission is forcing it to divulge valuable trade secrets.

    • Bloat the software as much as you like, consumers will just buy more hardware.
    • Rush the release date, we can always fix bugs later.
    • Don't be helpful to anybody outside the company unless they threaten to sue you.
    1. Re:MSFT Trade Secrets by MSFanBoi2 · · Score: 1

      1.) The average out of the box, non custom install of SUSE or Fedora, is nearly 4x the size of a Windows Server 2003 install. Yes, I'm aware there is plenty of stuff included in the Linux distro install... but most people don't need all that stuff, yet the standard install still puts it there.

      2.) So Microsoft gets slammed when they "rush" a release, yet with Vista and Longhorn server, they get slammed because they keep pushing the release date back. Can't have it both ways... unless you are a rabid slashdotter/Linux fanatic.

      3.) Is Apple helpful? IBM? Sun? Oracle? Didn't think so.

    2. Re:MSFT Trade Secrets by Anonymous Coward · · Score: 0

      Behave like a criminal, get treated like a criminal.

      P.S. Learn to spell. "boy" has a "y" in it.

  21. Misleading Commentary by 99BottlesOfBeerInMyF · · Score: 5, Informative

    "Microsoft must open up parts of their operating system to competitors, and change how they bundle Media Player."

    This is ambiguous and misleading commentary. MS has been ordered to document the APIs of the interaction between their monopoly desktop OS and their non-monopoly server OS to allow competition. This is not "opening up" any part of their OS. They have not been asked to provide any source code and in fact they offered source code as an alternative to the documentation (under terms that would have gutted the benefits of the punishment) and it was rejected as unsatisfactory. To reiterate, MS was not ordered to open up any code, only to provide documentation on the interaction of their OS's.

    1. Re:Misleading Commentary by zlogic · · Score: 1

      Well, I think that a well-documented API is better than some MS code (which could be either good, acceptable or horrible). If you have the complete documentation, it's often easier to write your own compatible API than hack Microsoft's API, removing all the unwanted features and library dependencies.
      Although it would be better if Microsoft provided both the sourcecode (for people who don't want to reinvent the bycicle or as a reference for those who are writing from scratch) and the API (which would be great for already established projects like Openoffice and others, so that they would become more compatible).

    2. Re:Misleading Commentary by mrchaotica · · Score: 1
      Although it would be better if Microsoft provided both the sourcecode (for people who don't want to reinvent the bycicle or as a reference for those who are writing from scratch)

      They offered to "provide" the source code with so many strings (e.g. nondisclosure agreements, etc.) attached that it would be useless to both those groups. That's why the EU didn't accept it!

      --

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

    3. Re:Misleading Commentary by malsdavis · · Score: 1

      I agree the summary is bad, but remeber Slashdot is not the site it used to be. Nowadays it has to satisfy all the script-kiddies and even kiddies who need to first ask how to download and then run the scripts.

      Therefor over-simplified summaries copied and pasted from mainstream news sources (which after all are providing a service to the ordinary person so don't tend to talk about API's etc.) are here to stay and mention of API's and inter-connectivity documentation have gone the way of the old articles about memory design and debates over different styles of pipelined CPU architecture.

  22. $2.5 million = still a slap on the wrist by Junior+J.+Junior+III · · Score: 3, Insightful

    I'm not sure what Gates's net worth is at the moment, but let's say he's got 40 billion in the bank, which is probably about right.

    At 2.5 million dollars a day, he'd be bankrupt in 54 years, assuming absolutely no income or other expenditures.

    I'm sure the company's pockets are much deeper than Gates's personal fortune.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:$2.5 million = still a slap on the wrist by madcow_bg · · Score: 1

      Imagine you are a shareholder... and your company gives you not 10 mils, but 5 mils in dividents... WHO IS THE FSCKING BASTARD THAT DID IT? MY COMPANY CEO DOESN'T DO IT RIGHT!!! GUT HIM!!!

      Well... don't you think that once the aforementioned fine is found to be non-effective (I doubt it) the EU court will double-tripple-quadrupple it? You know, when a criminal insists on doing the same crime the penalties get worse...

    2. Re:$2.5 million = still a slap on the wrist by DrSkwid · · Score: 1

      We can change that to unlimited fines if MS don't play ball, and/or expulsion from trading in the EU.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    3. Re:$2.5 million = still a slap on the wrist by TheRealFoxFire · · Score: 1

      That may be true, but Microsoft is currently hurting on Wall Street trying to show continued growth. 2.5 million/day may really hurt profit margins, which could cost their stock to tank, employees to lose confidence, etc. That has some force.

    4. Re:$2.5 million = still a slap on the wrist by neonprimetime · · Score: 1

      Agreed ... Bill Gates could just use a chunk of the $$ he received from Warren Buffet to pay this fine :-P Nobody would even bat an eyelash. It's going to a good cause, right?

    5. Re:$2.5 million = still a slap on the wrist by D-Cypell · · Score: 1

      I'm not sure what Gates's net worth is at the moment, but let's say he's got 40 billion in the bank, which is probably about right.

      Gates doesn't have close to $40 billion in the bank. He just owns a huge chunk of stock in the worlds biggest software company (and, undoubtedly, various other companies). If MS collapsed tomorrow, Gates would still be insane-o rich, but definatly not the worlds richest man (assuming he is already, I have my doubts. I suspect there are others with more reason to stay out of the spotlight and a more..... diverse.... set of interests).

      It is possible that he might be able to find a consortium that would buy all of his stock for $40 billion cash but they would probably want this pesky EU issue sorted first.

    6. Re:$2.5 million = still a slap on the wrist by X.25 · · Score: 1

      I'm not sure what Gates's net worth is at the moment, but let's say he's got 40 billion in the bank, which is probably about right.

      Doh... urban legends.

      He has lots of shares, which amount to XYZ dolars. If shares go down (which they will, when fines start coming OR if someone sells big amount of shares), his wealth will go down as well. Not that it'll make him poor, but it WILL affect Bill Gates and all other shareholders.

    7. Re:$2.5 million = still a slap on the wrist by Tom · · Score: 1

      You confuse worth with money. Gates net worth is mostly in stock (not only MS, but stock nevertheless). And I very much doubt that the EU will accept payment in that form.

      Same with MS the company - sure it's a tiny fraction of their net worth, but most of their net worth is tied up somewhere - as investment, real estate or property. Half a billion is something that MS will feel, at the very least because as a publicly traded company it'll mess up their budget for the year for good and drive the next quarterly down.

      --
      Assorted stuff I do sometimes: Lemuria.org
  23. Spare the rod... by Infonaut · · Score: 4, Insightful

    ... spoil the megacorp.

    Seriously, it seems that the entire history of antitrust action against MS in the US and Europe has been a colossal waste of time and effort. All it has done is show that governments don't really have the teeth to cut into Microsoft's anti-competitive behavior. I originally thought the DOJ action was going to curb MS, but it didn't.

    When push came to shove, the US government wasn't truly prepared to make one of the crown jewels of American business suffer in order to make it change its ways. The EU is likely unwilling to push too hard for fear of invoking the wrath of the US government, which is just further proof that if a business becomes big enough, it can only very rarely be constrained by government.

    Market forces are doing a far better job of constraining Microsoft. Perhaps if Microsoft's competitors hadn't relied on antitrust lawsuits to save them, they might have fought MS more aggressively and effectively in the past. Apple learned its lesson. Sun (belatedly) learned its lesson. The lesson is that the government isn't going to help you fight Microsoft, so you have to figure out a way to do it yourself.

    --
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    1. Re:Spare the rod... by Gorshkov · · Score: 1

      The EU is likely unwilling to push too hard for fear of invoking the wrath of the US government, which is just further proof that if a business becomes big enough, it can only very rarely be constrained by government.

      The EU is afraid of pissing off the USA? Where the hell have YOU been the last century or so?

    2. Re:Spare the rod... by DrSkwid · · Score: 1

      It's worth remembering that the U.S. changed president during that episode and that the presidents came from different political parties.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    3. Re:Spare the rod... by Cleon · · Score: 4, Insightful

      I don't think it's lack of teeth, it's lack of will.

      In the US case, the justice department got a conviction against Microsoft. Then the Bush administration was sworn in, and the incoming DOJ whittled the punishment down into a "don't do it again, *wink* *wink*, *nudge* *nudge*."

      In the European case, the EU is still finding its legs as an entity/pseudo-government. Any action they take against MS is going to be debated, re-debated, whined about, etc. They have the teeth, it's a question of whether they have the will to take a bite.

      --
      Gifts for Geeks - Stuff that really matters!
    4. Re:Spare the rod... by Foofoobar · · Score: 4, Insightful
      Seriously, it seems that the entire history of antitrust action against MS in the US and Europe has been a colossal waste of time and effort. All it has done is show that governments don't really have the teeth to cut into Microsoft's anti-competitive behavior


      It's not that they don't have the teeth... it's that they don't have the BALLS! And sad to say, Europe is showing it has a helluva lot more balls than the US. Of course, this is mainly because lobbying is an industry of corruption here in the US. I'm honestly amazed that the EU hasn't been bought off yet or bribed into submission.
      --
      This is my sig. There are many like it but this one is mine.
    5. Re:Spare the rod... by l3v1 · · Score: 3, Insightful

      don't really have the teeth to cut into Microsoft's

      And this is exactly why no corporation should ever be allowed to have such a huge influence on a specific field like MS has now on the os/sw market, and indirectly on everything else. I hope one day somebody will succeed in kicking MS in the ass - not because I dislike MS, but to show to everybody else that there are limits you should respect, no matter how much money you have.

      --
      I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
    6. Re:Spare the rod... by l3v1 · · Score: 1

      I'm honestly amazed that the EU hasn't been bought off yet or bribed into submission

      Just give it some more time. One more thing is sure on this planet besides death and taxes: politicians are the same everywhere.

      --
      I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
    7. Re:Spare the rod... by Foofoobar · · Score: 1

      True but all it takes is one honest one to fuck it up for everybody. :)

      --
      This is my sig. There are many like it but this one is mine.
    8. Re:Spare the rod... by Bill,+Shooter+of+Bul · · Score: 1

      Market forces are doing a far better job of constraining Microsoft. Perhaps if Microsoft's competitors hadn't relied on antitrust lawsuits to save them, they might have fought MS more aggressively and effectively in the past.

      That *is* the rationale against governements breaking up monopolies and it *was* microsoft's argument in the US antitrust trial. In a sector that changes over so quickly as The IT industry, you are only as good as your last release. Hence, the rapid downfall of Netscape.

      On a side note, and I say this as one who switched to SUSE 3 years ago, whats so bad about including a media player? Name a distribution or operating system ( intended for the desktop, no QNX or embeded distros) that doesn't include a media player of some sort. OR is the argument that as a monopoly they must behave differntly than if there were more competition? I buy the latter, not the former.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    9. Re:Spare the rod... by jimicus · · Score: 1

      That's probably because it's such a fantastically complicated, convoluted and to a certain extent already corrupt bunch of beaurocrats that finding the right bunch of people to bribe is a huge task in itself.

    10. Re:Spare the rod... by dargaud · · Score: 2, Insightful
      this is mainly because lobbying is an industry of corruption here in the US. I'm honestly amazed that the EU hasn't been bought off yet or bribed into submission
      In the country where I currently live, France, 'lobbying' translates exactly as 'corruption' and is indeed illegal. Of course it still happens under the table (politicians will always be politicians, right ?). As to the EU, I'd be curious to know what the stance is on this whole lobbying/corruption thing. Like they say:
      "Campaign contribution is the same as if you tried to hand a cop a twenty before breaking the law. There are laws against bribery in some contexts, why do we allow it in more important contexts ?"
      --
      Non-Linux Penguins ?
    11. Re:Spare the rod... by Don853 · · Score: 1

      Until he has an 'accident' on the Autobahn and then it's business as usual...

    12. Re:Spare the rod... by razor150 · · Score: 1

      THe rationale for this has always been tthat MS is leveraging their OS monoply in other areas, therefore they shouldn't be allowed to bundle. In my opinion that arguement is bs. Since when was getting more for you money a bad thing? Plus as you said everybody else is doing it to. If somebody isn't smart enough to upgrade to something better why should MS be held responsible for the collective stupidity of their customers?

    13. Re:Spare the rod... by kcbrown · · Score: 1
      And sad to say, Europe is showing it has a helluva lot more balls than the US.

      Really? Doesn't look like it from here. Thus far, Europe's done nothing but talk, the equivalent of "Stop! Or I shall say 'stop' again!". Talk is cheap and shows nothing.

      I'll believe Europe has more balls when it starts actually fining Microsoft a hell of a lot more than the pocket change fine they're threatening Microsoft with right now. And yes, it is pocket change. How do you justify a $1B "loss" to shareholders? Easy: "Either we pay the fine and keep our monopoly, or we don't pay and lose it. We make a shitload more than $1B a year by being a monopoly. You can work out the rest for yourself".

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    14. Re:Spare the rod... by witte · · Score: 1

      To quote Burroughs :
      Beware of whores who say they don't want money. The hell they don't. What they mean is that they want *more* money; much more, these are the most expensive whores what can be got.

      EU bureaucracy isn't exactly squeaky clean.
      In the end it will have little to do with what MS's shenanigans, and more with the amount of lobbying.

    15. Re:Spare the rod... by Carewolf · · Score: 2, Funny

      In other words: It is the huge twisted tree of corrupt beaurocrats that keeps the EU honest?

      What a lovely irony if true :)

    16. Re:Spare the rod... by jimicus · · Score: 1

      TBH, it's more cynicism than anything else on my part. There is evidence that the EU itself is simply too big to function as a beaurocratic machine - the auditors of the EU's finances have refused to sign the books for over a decade now:

      http://news.bbc.co.uk/1/hi/world/europe/4438888.st m

      I think Microsoft simply haven't found the right combination of people to bribe yet.

    17. Re:Spare the rod... by Foofoobar · · Score: 1

      I was going to say 'until he meets a magic bullet' but same effect :)

      --
      This is my sig. There are many like it but this one is mine.
    18. Re:Spare the rod... by BootNinja · · Score: 1

      The Difference is that SuSE did not develop ANY of the SEVERAL media players that come available with SuSE linux. Microsoft has bundled media player, which is a microsoft creation, as an attempt to corner the market on DRM with their proprietary audio and video formats by leveraging their monopoly in Operating Systems. SuSE is not a monopoly, Has no stake in the DRM battle, and did not develop any of the media players they distribute. Thus, they are free to bundle, while for Microsoft it is anti-competetive.

    19. Re:Spare the rod... by Net_Wakker · · Score: 2, Informative

      Actually, do DO try to use their monopoly to gain a monopoly in other area's. What people fail to see is that it is not about the mediaplayer, it is about content. Contentproviders know that most desktops (ie windows desktops) have windows mediaplayer installed, and must guess about other players. Therefore they will provide content in windows mediaplayer format, which is proprietary. This way, MS will get a big say in what content will be available, who can get to see/hear it (WMF is riddled with DRM), and who gets to provide content (You don't play by MS's rules, you don't get a license). User-stupidity, though abundant, has nothing to do with it. MS working towards a de facto veto in the content industry does.

    20. Re:Spare the rod... by Net_Wakker · · Score: 1

      they DO, not do DO. I should use the previewbutton.

    21. Re:Spare the rod... by Foofoobar · · Score: 1

      I'd say the initial $500 million dollar fine they forced Microsoft to pay already doesn't really qualify as NOTHING. That was the initial shot across the bow...

      --
      This is my sig. There are many like it but this one is mine.
    22. Re:Spare the rod... by Petrushka · · Score: 1

      Checks and balances, my friend, checks and balances :-) I guess they come in all shapes and sizes ... but I think it's more the bureaucracy, rather than the corruption as such, that balances things there. It means that thousands of middle-level officials can exercise enormous power. Upper-level officials can countermand their decisions, but it's like a dog chasing its own tail. The upshot is that lots and lots of people have the power to take an ideological -- or corrupt -- stand, if they want to.

    23. Re:Spare the rod... by Bert64 · · Score: 1

      It's not Linus who included the media player, he's not leveraging his virtual monopoly over the linux kernel to force everyone to have his media player...
      You can remove the media players from suse. (you cant even remove media player from the server versions of windows, wtf?)
      You can use a distribution other than suse, which may come with different player(s).

      --
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    24. Re:Spare the rod... by Bill,+Shooter+of+Bul · · Score: 1

      Your pointing out differences not reasons. Its like saying I'm not the richest person in the world because my last name isn't gates. Dells come with Musicmatch as the default. Others come with realplayer. So Media Player can't be removed. So what? Is that the reason? If it was removable would that be ok? I think everyone who's responded to my post is just dancing around the issue I brought up. If you have the majority share of a market then you must behave differently. Maybe the next part is a bit rhetorical, but answer it if you can. Where is the limit between just trying to keep up withthe other competitors in a different,but related field and not abusing the existing monopoly? I thought at some point someone would mention Apple. Itunes is by far the msot popular form of DRM Store and format, despite everything Microsoft has done to try and corner that market. So does this mean that antitrust laws should not be applied to such a fast changing industry? Disscus amoungst your friends.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    25. Re:Spare the rod... by KDR_11k · · Score: 1

      Bribing the EU is difficult because you both have to deal with different countries and governments and because many of those who take money may already have been paid by the competition.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  24. Microsoft can pay that for 38 years with its cash by jdb8167 · · Score: 2, Insightful

    Microsoft has about $35 Billion in the bank. At $2,510,800 per day, that works out to about 38 years with its current cash. I'm thinking that the EU might want to up the fine if they want Microsoft to take them seriously.

  25. Spread your FUD elsewhere. They are fining them what the law allows for the same crime the US just ruled them failing to comply with their punishment for. Are you claiming the US is biased against MS too?

    1. Re:FUD by drinkypoo · · Score: 1
      Are you claiming the US is biased against MS too?

      Why would they claim that? I didn't infer that at all, and they certainly didn't imply it. The US would actually have to take some kind of meaningful action against MS before anyone would think that.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:FUD by LaughingCoder · · Score: 1

      I thought FUD == Fear, Uncertainty, Doubt. My comment was more feigned surprise with perhaps a touch of sarcasm. Consider, what would be the downside of a European court fining an American company (especially one as successful and reviled as Microsoft)? They had virtually nothing to lose and everything to gain. I was not, believe it or not, suggesting the fine is not warranted. I was only pointing out that the outcome was entirely predictable.

      --
      The more you regulate a company, the worse its products become.
  26. Spaceballs! by Kamineko · · Score: 1

    What are you preparing. You're always preparing. Just go!

  27. Who cares? by 8127972 · · Score: 1

    Gates can give every Slashdot user $1000 and not feel it. $2.5 Mil isn't going to get his attention. He'll put it down as the cost of doing business in Europe.

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
    1. Re:Who cares? by ClamIAm · · Score: 1

      Gates can give every Slashdot user $1000 and not feel it.

      This sounds like a good idea. MS should do this.

  28. Re:Microsoft can pay that for 38 years with its ca by UnknowingFool · · Score: 2, Informative

    Microsoft has about $35 Billion in the bank.

    MS is not as financially well off as many might think. Sure $35 billion is a lot of money, but MS's expenses are about $9 billion a year. All it would take is 4 unprofitable years and that cash is gone. Not likely but not impossible.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  29. Re:I Think the EU is Wrong Here by 99BottlesOfBeerInMyF · · Score: 5, Insightful

    I guess I'm looking for trouble by saying this on Slashdot, but I think the EU's reasoning on this issue is faulty, and I think it's an old-fashioned money grab.

    They're breaking the law. The US convicted them of it. The EU did too. So did several other nations. They have failed to comply with their punishment. If the EU does not act, they are stating to the world that they won't or can't enforce their own laws. For a fledgling organization like the EU, this would be devastating. If you convict someone of robbery and they escape from the prison instead of serving their time and then stroll into town and tell everyone they aren't going to accept the punishment since they don't want to, the law bloody well better act if they want to be taken seriously, ever.

    Good thing I'm not in charge of Microsoft. Out of spite I'd have pulled up stakes of everything in the EU, save for a distribution warehouse.

    Yeah, because you'd be fired and replaced within hours.

  30. 2% (n/t) by Mateo_LeFou · · Score: 1

    as per the other guy's math

    --
    My turnips listen for the soft cry of your love
    1. Re:2% (n/t) by PFI_Optix · · Score: 1

      The parent said that MS shouldn't miss 9 out of 40 billion. That's more than 20% (22.5%). I was replying to his statement that 22.5% of their income isn't significant, NOT to the actual numbers.

      --
      120 characters for a sig? That's bloody useless.
  31. Re:Nothing for you to see here. Please move along. by jekewa · · Score: 2, Insightful

    If only there were another option; some kind of operating environment one could install on one's computer to do one's work. And maybe some other bits and pieces of software that could go with that environment that would still let one perform one's computer-centric duties.

    If only there were some way we could get from beneath the crushing foot of this megacorporation and have the freedom to choose. To choose the programs that met our needs, our budgets, and our requirements.

    Man, if only.

    --
    End the FUD
  32. Re:Microsoft can pay that for 38 years with its ca by jdb8167 · · Score: 1
    Not likely but not impossible.

    I think you have that a little wrong. It would take 4 years of no income at all. Even if Microsoft is unprofitable, that doesn't imply zero revenue.

  33. Smithers! by Fiachra06 · · Score: 3, Funny

    Get my wallet!

  34. How they got so rich by Mateo_LeFou · · Score: 1
    By leveraging their monopoly in one market to secure monopolies -- or at least a presence forecful enough to take huge margins -- in in other markets.

    And yes, they are willing to take a bath on a product if it will further this overarching goal. It made no economic sense to embed IE into the operating system.

    --
    My turnips listen for the soft cry of your love
    1. Re:How they got so rich by civilizedINTENSITY · · Score: 1

      It made no economic sense to embed IE into the operating system.

      It made no economic sense? It made perfect strategic sense. The strategy worked.

  35. Piece of cake: by JoeLinux · · Score: 1

    four words:

    "Cost of doing business"

    In the day and age of the internet, there is no way to localize the distribution of any API or source code. It would hit the 'net, and be everywhere. M$ would effectively be competing against their own products.

    I'm not saying that's a bad thing, but I can't see them doing it. I see them planning their future finances around a $2.5x10^6 USD loss per day.

    1. Re:Piece of cake: by Anonymous Coward · · Score: 0

      You realise that it wouldn't remain at that, right? Goverments hate being sidestepped like that. So assuming they do that, I would imagine the EU would find new ways to increase the punishment.

    2. Re:Piece of cake: by walt-sjc · · Score: 1

      The sad part is that they will just raise the price of licenses by $10 / copy in the EU and just pay the fine. The EU would have to ban the sale of MS products until MS complies in order to make a dent.

  36. Re:I Think the EU is Wrong Here by Tim+C · · Score: 1

    Out of spite I'd have pulled up stakes of everything in the EU, save for a distribution warehouse.

    To what end? That's still a business presence in the EU, you'd still be doing business on EU soil, and so would still be liable.

    In fact, at this point, I suspect it's too late anyway. The case has been heard, the court has decided, and MS lost. You can't generally (legally) escape punishment by doing a runner.

  37. PLEASE let MS call their bluff... by absurdist · · Score: 5, Insightful

    "Microsoft is headquartered in the US. I don't think the EU has the authority to simply demand money from them."

    Microsoft is a multi-national conglomerate doing business in many nations around the world. As such, they are requires to obey the laws and accept the sanctions imposed by every country or, in the case of the EU, group of countries they do business in.

    "Sure, they can kick 'em out of the country, but MS should call their bluff."

    Sure they should. Then the EU should simply impound all of MS's European assets, and strip them of all patent and copyright protection, thus allowing Europeans to install their new open source, free operating system quite legally under the laws of the EU.

    When you grow up you'll realize that there are other countries, legal systems, and ways of looking at things than the US's. BTW, as I pointed out before, the EU is a GROUP of countries... your statement about "kick them out of the country" berely underscores your ignorance.

    But thanks for playing.

    1. Re:PLEASE let MS call their bluff... by voice_of_all_reason · · Score: 1

      Sure they should. Then the EU should simply impound all of MS's European assets, and strip them of all patent and copyright protection, thus allowing Europeans to install their new open source, free operating system quite legally under the laws of the EU.

      Ah, touche!

    2. Re:PLEASE let MS call their bluff... by Anonymous Coward · · Score: 0

      Hmm... I don't think you realize that no country in the world will treat a US business badly. They'd get labeled anti-business, and eventually get sanctioned out of existence, maybe even `liberated' for good measure.

      Just think of the headlines that would be generated if a US corp's assets were liquidated in some country by the government! That might even be considered an act of war.

      Treating a corp badly amounts to socialism in US's eyes.

      In other words, if MS says "no, we won't pay", there's nothing they can do but whine, and possibly create a `software tax' on all sales.

    3. Re:PLEASE let MS call their bluff... by Anonymous+Brave+Guy · · Score: 4, Informative
      Microsoft is a multi-national conglomerate doing business in many nations around the world.

      Indeed. Moreover, a lot of people from the US who lurk around here don't seem to appreciate how small their market is compared to the rest of the world. The US may have the world's single biggest national economy (though not by far, depending on the metric you use) but compared to, say, Europe as a whole, it's not so much. Losing most or all of its European income would basically kill Microsoft overnight. Of course, in the current economic climate, it could also trigger the freefall meltdown that the world economy is in grave danger of falling into any time now. :-(

      --
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    4. Re:PLEASE let MS call their bluff... by mrchaotica · · Score: 1
      When you grow up you'll realize that there are other countries, legal systems, and ways of looking at things than the US's.
      Us Americans do understand that, especially since the reason our copyright system is screwed up is that we imported it from the Europeans! Before the Berne Convention, the only guiding principle of copyright in the US was the Constitution, and the purpose was solely "to Promote the Progress of Science and the Useful Arts." After, we had to also submit to the European idea that creators somehow had a "moral right" to their works, which is entirely opposite what the Constitution says copyright is supposed to be!
      --

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

    5. Re:PLEASE let MS call their bluff... by l3v1 · · Score: 1

      Losing most or all of its European income would basically kill Microsoft overnight.

      That would not be the problem, really. Just imagine those many hundreds of thousands of people who made their entire income and life depend on MS software without further support :) Yes, that's a smiley there, since what I always say is that nobody should ever fully stand on only one leg, and nobody should ever base everything on a single company, no matter how much you "trust" them.

      --
      I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
    6. Re:PLEASE let MS call their bluff... by Nephilium · · Score: 1

      Actually... if you've got the list, I'd be interested in seeing it...

      Most of the lists I see show (IIRC) that several of our larger states are in the top 10 largest markets...

      Nephilium

    7. Re:PLEASE let MS call their bluff... by PaulMorel · · Score: 1
      Wow, you sure are naive.

      A company like microsoft employs a ton of europeans. These europeans, in turn, spend their money (made from microsoft) in europe (go figure). No european country will EVER seize a dime's worth of microsoft's property. PERIOD. Seizing microsoft's european assets would only hurt the european economy, and hurt europeans (by making them unemployed).

      Not to mention the fact that it would be a huge foreign relations fiasco.

      "When you grow up you'll realize that there are other countries, legal systems, and ways of looking at things than the US's"

      True, the world is made up of many different legal systems, but in the case of international businesses, they all have to work together. In the long run, microsoft's monopoly is a minor stumbling block, but if the EU followed your suggestion and seized "all of MS's European assets" then that would essentially amount to an embargo (which might not look that great, in the rest of the world's eyes).

      The EU is powerless here. Get over it; market forces are easing back microsoft's monopoly anyway.

      --
      burrocrisy
      and that would be what? Ruling by jackasses? Never has a slashdot misspelling been more apropos
    8. Re:PLEASE let MS call their bluff... by wfberg · · Score: 1

      After, we had to also submit to the European idea that creators somehow had a "moral right" to their works, which is entirely opposite what the Constitution says copyright is supposed to be!

      While it's not spelled out in european laws, copyright and patent law is, and always has been, a matter of social contract; the 'for the promotion of the arts' bit isn't made explicit, but it's always there in the background.

      "moral rights" don't refer to some sort of God-given right to hold copyright (and note that moral rights don't apply to patents). In fact, moral rights are rights of the creator that cannot be signed away.

      The best example goes like this; suppose you wrote a song "I'm so proud of you, Whitey", which refers to your bunnyrabbit who happens to be very good at maths. You find out that this song is being used by Neo Nazis in their ads, on radiostations, websites, etc. If they pay their licensing fees (and remember, radio licenses are mandatory) you have no way to stop them from doing this. Under the theory of moral rights, you have the right to stop your work from being used in a defamatory way (whatever that means).

      Now, I'm not saying I agree 100% with these laws. One example of how bad they can get is when an architect objected to people repainting a pink high-rise building in a more sane color, since he had designed it to be pink, and painting it over would hurt the 'integrity' of his work. Of course, he could be swayed by a large sum of cash..

      But the "moral" in "moral rights" doesn't mean creators have a right, morally, to copyright protection, but rather that they have some additional rights. To have their authorship recognized, for example (basically a plagiarism ban). To prevent people (even their publishers) from fudging up their work beyond recognition. Or from using it for political ends the author can't live with.

      --
      SCO employee? Check out the bounty
    9. Re:PLEASE let MS call their bluff... by Anonymous Coward · · Score: 0
      Hmm... I don't think you realize that no country in the world will treat a US business badly. They'd get labeled anti-business, and eventually get sanctioned out of existence, maybe even `liberated' for good measure.
      Which is why the EU is one of the few entities which can actually effectively do what they do to MS because they are roughly on-par to the US in terms of economic prowess. Any smaller country would have faltered under US pressure a long time ago.
    10. Re:PLEASE let MS call their bluff... by HermanAB · · Score: 1

      Yeah, well, be easy on the kid, he went to a US public school...

      --
      Oh well, what the hell...
    11. Re:PLEASE let MS call their bluff... by Anonymous Coward · · Score: 0

      Really? I didn't realize Microsoft was employing a lot of Europeans. Care to mention where?
      Are these call centers? They're not programmers as Microsoft has an import policy on developers (they bring you into Redmond, Washington; US). Maybe they're businessmen? I'm sure Microsoft emnployes millions, err scratch that, thousands, err scratch that, hundreds of European businessmen.

      Every country knows anti-monopoly laws are expensive to enforce and occasionally cost jobs and cause blows to the economy.

    12. Re:PLEASE let MS call their bluff... by I'm+Don+Giovanni · · Score: 1

      I don't think that Microsoft is going to "call their bluff" (whatever that might mean in this case), but if the "the EU should simply impound all of MS's European assets, and strip them of all patent and copyright protection, thus allowing Europeans to install their new open source, free operating system quite legally under the laws of the EU.", there's no way in HELL that the Bush administration would not retaliate by doing the same with regard to European properties in the US. If the EU really wants to start a trade war, their going to be in some difficulty, their economy is in much worse shape than the US's.

      I also question whether even the WTO would allow the EU to take the action that you prescribe.

      Lastly, such action would be the death knell of Linux.

      --
      -- "I never gave these stories much credence." - HAL 9000
    13. Re:PLEASE let MS call their bluff... by Anonymous Coward · · Score: 0

      Dammit, are all all americans this stupid? What do you think would happen to all the money currently spent on MS currently, if MS suddenly decided to withdraw/get kicked out? Just *poff* dissappear? You know, nobody is obliged to spend their money on american products, and also, if there is a need currently fullfilled by an american company there are certainly no law against starting new companies to fill the void if one would come to be because MS turns out to be run by first class morons that will be lynched by share-holders..

      I can't belive this crap comes up again and again!

    14. Re:PLEASE let MS call their bluff... by Carewolf · · Score: 1

      Those several states are: California in 4th and... no one else.

    15. Re:PLEASE let MS call their bluff... by martian265 · · Score: 1

      Haha, your username is so applicable!

      Contrary to what some Europeans and by extension Euro-philes seem to believe, the vast majority of Americans do realize that the US is not the only country in the world. In fact, we also realize that we're not the only economic power in the world. Furthermore, the majority of Americans (according to a poll that I saw in our newspaper recently and no I don't have the reference, but it was a national poll by one of the bigger US companies such as Gallup or somebody) believe that America is not the largest economy in the world, they usually picked Japan as the largest. Way to propogate untrue American stereotypes.

      Microsoft is a multi-national conglomerate doing business in many nations around the world. As such, they are requires to obey the laws and accept the sanctions imposed by every country or, in the case of the EU, group of countries they do business in.

      You're actually getting into grey area here. First of all as someone mentioned earlier, the EU is not a government, nor is it a nation. This is the exact same thing as if NAFTA decided to tell Siemens to change their cell phones or they would start fining them every day (this of course wouldn't happen with NAFTA for several reasons that are beyond the scope of my comments). Also there are hundreds of cases where a company has sold their product in a country and did not meet the standards of that country, although it's a little harder to get away with that when you're dealing with such a large number of countries.

      Then the EU should simply impound all of MS's European assets, and strip them of all patent and copyright protection, thus allowing Europeans to install their new open source, free operating system quite legally under the laws of the EU.

      And this of course is illegal in pretty much every country in the world. Seriously, did you not think this through? That is like saying that if Mercedes imports a car into the US that doesn't meet pollution requirements, the US then has the right to seize all of Mercede's assets in the US and give away Mercedes to average US citizens. This doesn't happen except in small countries run by dictators. The EU isn't stupid enough to actually consider such an action.

      When you grow up you'll realize that there are other countries, legal systems, and ways of looking at things than the US's.

      And when you grow up, YOU will realize that there are other countries, legal systems and guess what, for the most part they actually all do things the same way. While there are slight differences, for the most part these kinds of laws are pretty similar all over the world.

      It's interesting to me how every Euro/Euro-phile on slashdot likes to paint the US government as being intrusive into other countries affairs, but I can't think of a single time that the US has prosecuted a foreign company for anti-trust violations. Yet, here we have the EU, which while meeting some of the definition of government is not really a government, going after a company from a country outside of it's borders. Strikes me as slightly hypocritical.

      As an aside, just because someone doesn't want to type out Trade/Economic Union, or because they have a slip of the tongue (keyboard) or are making a sarcastic point (that the EU is acting more like a governmental body than any other Trade/Economic Union in the world), it does not make them ignorant. Just as when someone makes mulitple spelling mistakes it does not make them ignorant either (btw, your statement about "kick them out of the country" berely underscores your ignorance does not mean what you apparently think it means).

      P.S. back to the topic, I hope that EU does start charging MS these fines. I still find it hard to believe that they basically got away with it over in this country (meaning the country that I reside in, not implying that the US is THE only country...have to qualify that so that the Euro/Euro-philes don't get all hot and bothered).

    16. Re:PLEASE let MS call their bluff... by N3wsByt3 · · Score: 2, Insightful

      "Contrary to what some Europeans and by extension Euro-philes seem to believe, the vast majority of Americans do realize that the US is not the only country in the world."

      Yeah, but at the other hand, more then 1 out of ten of adult Americans can't find their own country on a worldmap.

      And it's not like it's a *small* country.

      "Way to propogate untrue American stereotypes."

      Well, not *completely* untrue, it would seem. While stereotypes have the disadvantage to be generalising as if every last (in this case) American is the same dimwit - which is untrue, of course - those stereotypes often do have some basis. For instance, when one compares the general level of education of the USA to that of the EU, it becomes more then apparent that the USA is severely lacking. This does not mean mean that there are no good schools in the USA, or that all American kids are more stupid then EU-ones - but it does mean that, as a whole, schools suck more in the USA, and the kids there are in general more stupid and ignorant then in the EU - which the stereotype hints at.

      In the same sense the notion that Americans (in general) are more ignorant about world-affairs and other countries outside their own, then EU-citizens, is to a large extend exact. This notion is the basis for the stereotype - which remains exact, exept when used in it's most broad context where it would encompass 'all', without room for individual exeptions.

      "It's interesting to me how every Euro/Euro-phile on slashdot likes to paint the US government as being intrusive into other countries affairs...[]"

      Must...not...give...in...

      Luckily for you you narrowed it down fast with 'foreign company' and 'anti-trust violations' - which I can't comment on since I'm not familiar enough with these specific details in a historical context. And neither are you, I presume.

      "This doesn't happen except in small countries run by dictators. The EU isn't stupid enough to actually consider such an action."

      I partially agree. It is very unlikely either the USA or the EU would do such a thing, unless something drastic would happen, like a war (or at least, a severe trade-war). In normal circumstances, the USA and the EU are trade-partners, and doing such a thing would unbalance every trade-agreement.

      It's not completely impossible, however, even in no-war situation; for instance, if a company would refuse to act according to the laws/rules/prohibitions it was handed down, and it was a matter of public health.

      But that isn't the case here, so it remains extremely unlikely such a thing would happen.

      --
      --- "To pee or not to pee, that is the question." ---
    17. Re:PLEASE let MS call their bluff... by zsau · · Score: 1

      G'day. It's not free, and probably not open source, if you can't redistribute it to whomsoever you please. For instance, I come from Australia, but I've got friends in the EU. Why shouldn't those friends in the EU be able give me their modified version of Windows, if it's free software?

      (Also, how would they get the source? Doesn't it live in the US? So with no source code available, it's just freeware, not free and not open source.)

      --
      Look out!
  38. Re:I Think the EU is Wrong Here by NineNine · · Score: 3, Insightful

    They're breaking the law.

    I love it how The Slashdot GroupThink questions the validitiy and constitutionality of laws such as the DMCA, copyright laws, IP laws, etc., but when it comes down to anti-trust laws, there is NO debate, whatsoever, and people such as yourself continually just parrot "They broke the law! They broke the law!". Nice.

  39. pay... or else? by spevack · · Score: 2, Interesting

    Ok, so they fine MSFT 2.5 million per day. When do they have to pay up? What entity is responsible for making sure that payments are made? What happens if MSFT doesn't pay?

    I'll believe it when I see it.

    1. Re:pay... or else? by Anonymous Coward · · Score: 0

      Oh I don't know..maybe its because they control a significant portion of Microsoft's market?

    2. Re:pay... or else? by Firefalcon · · Score: 2, Insightful

      What happens if MSFT doesn't pay?

      As a last resort I'm sure they could freeze or seize some of Microsoft's assets/European based accounts to the value of outstanding fines...

      I suspect that Microsoft, apart from appealing in court again, wouldn't be foolish enough to ignore the ruling of a political entity that controls a region responsible for a reasonable fraction of their worldwide market (this is a presumption on my part - I couldn't find any regional revenue breakdown for Microsoft's earnings).

    3. Re:pay... or else? by Wizard+Drongo · · Score: 1

      As someone else has mentioned, whilst americans don't like the fact, the EU is the worlds largest economic unit. It's just counted as separate nations (because it is...at the moment) usually. Not sure if Microsoft is bigger here than in the US. I'd say it is, but the Germans really really like linux.

      --
      The truth shall always be free: Boris Floricic is Tron.
  40. Not to start a flame war... by sarlos · · Score: 1

    ...but isn't it possible that the real problem is piss-poor programmers among the competition? One main argument given in the article is sub-par performance of third party applications on Microsoft server software. I'm not in the 'defend M$ at all costs' camp, but come on, let's not jump to conclusions here.

    --
    Government's view of the economy: If it moves, tax it. If it keeps moving,regulate it. If it stops moving, subsidize it.
    1. Re:Not to start a flame war... by fajoli · · Score: 1

      let's not jump to conclusions here

      Based on the length of this investigation and ruling, I don't understand how you are coming to the conclusion the EU commission is jumping to conclusions. From what I have read to date on this, the EU commission didn't just sit down one day and say, "Sub-par performance of third party applications on Microsoft server software? FINE MICROSOFT!"

      I'm not in the 'defend M$ at all costs' camp

      I think stating the EU commission may have done just a cursory investigation of the situation clearly puts you in the 'defend M$ at all costs' camp.

    2. Re:Not to start a flame war... by peope · · Score: 1

      Read how they figured stuff out att http://www.samba.org./
      You cannot program for the network if you do not know the api they use.

    3. Re:Not to start a flame war... by sarlos · · Score: 1
      Based on the length of this investigation and ruling, I don't understand how you are coming to the conclusion the EU commission is jumping to conclusions. From what I have read to date on this, the EU commission didn't just sit down one day and say, "Sub-par performance of third party applications on Microsoft server software? FINE MICROSOFT!"
      I'm talking about people posting here making armchair lawyer decisions without knowing all the facts. The Slashdot community tends to make knee-jerk reactions, especially when Microsoft is concerned.

      From TA:
      The US group was then fined 497m euros ($613m; £344m) and ordered it to change how it sells its Media Player software. Brussels also ordered Microsoft to provide rivals with enough information to develop software that could run as smoothly as its own on servers running Microsoft's Windows operating system.
      I think this makes it pretty obvious that performance was a major factor. Windows is a complex system and properly taking advantage of it requires a lot of experience. The people developing for Microsoft either have that experience, or have easy access to it. I'm not debating Microsoft's business ethics, and I agree with the ruling regarding Media Player. What I am arguing is that we should be careful about letting our feelings guide our reactions.
      --
      Government's view of the economy: If it moves, tax it. If it keeps moving,regulate it. If it stops moving, subsidize it.
    4. Re:Not to start a flame war... by CDarklock · · Score: 1

      > isn't it possible that the real problem is
      > piss-poor programmers among the competition?

      It's a combination of factors. There's a lot of fear in the industry that if you compete with Microsoft, Microsoft will crush you. There's also a lot of room for people to do things that DON'T compete with Microsoft. And in the middle of that, there's a vast amount of Microsoft-connected work that Microsoft will actually *help* you get into the market because it ultimately means more people want Microsoft products.

      So there's a very small market segment you could target with something that competes on Microsoft's turf. And if you want to compete with Microsoft, you need to play Microsoft's game, which means having billions of dollars in resources and using it to your best PR advantage.

      It doesn't take a rocket scientist to figure out that it is far less risky to build something that not only doesn't compete with Microsoft, but indeed helps Microsoft's platform stay dominant.

      Now, given that it is safer from a commercial perspective to build such a project, you are forced to ask yourself what is *wrong* with the people who want to compete with Microsoft. Are they bad business people? Do they not understand that doing business on this level costs billions of dollars? Do they not understand that when you threaten a multi-billion dollar business, that business spends billions to stop you?

      I firmly believe that any company complaining they can't do business because of Microsoft is a company with bad leadership, bad vision, and bad business sense. None of which are Microsoft's fault.

      --
      Microsoft cheerleader, blue flag waving, you got a problem with that?
    5. Re:Not to start a flame war... by sarlos · · Score: 1
      Now, given that it is safer from a commercial perspective to build such a project, you are forced to ask yourself what is *wrong* with the people who want to compete with Microsoft. Are they bad business people? Do they not understand that doing business on this level costs billions of dollars? Do they not understand that when you threaten a multi-billion dollar business, that business spends billions to stop you?
      Exactly the point I was trying to get at, but which you much more eloquently stated. I want to know the motivations of the people behind this lawsuit. All the press coverage is aimed at the allegations made by the EU, and at downplaying Microsoft's response. That is not to create an informed opinion on anything!

      Here is a fact that many people don't realize: Microsoft itself doesn't always know exactly how things work. Developers get shifted in departments, fired, quit, etc, and as with any software firm, documentation is not of great concern until it's too late. I worked on a project looking into Word Documents, and even with contacts within the word development team itself, we couldn't always get answers as to what some fields and values were for.

      Why jump to the conclusion asserted in this BBC aricle -- that Microsoft isn't doing enough? How do you know that? Do you work there? Or is it your jaded expectations that cause you to want to believe the worst. For those who work in the software field -- is it that hard to believe that documenting something as extensive as windows takes time?

      Admittedly, Microsoft is probably draggings its feet, trying to find ways out of this mess, but who wouldn't?
      --
      Government's view of the economy: If it moves, tax it. If it keeps moving,regulate it. If it stops moving, subsidize it.
    6. Re:Not to start a flame war... by mrchaotica · · Score: 1
      I'm talking about people posting here making armchair lawyer decisions without knowing all the facts. The Slashdot community tends to make knee-jerk reactions, especially when Microsoft is concerned.

      This issue has been going on for years. We do know the facts and we have known the facts for quite a while and we already discussed the facts in threads long past. Slashdot, the US government, the EU government, and most everyone else already considered everything and made this conclusion a long time ago.

      So, I can only conclude that you're either an idiot, a shill, or have been living under a rock for the past 5 years.

      I think this makes it pretty obvious that performance was a major factor.

      That's a news article. The actual court documents are just slightly more detailed, you know. And anyway, the point is that the method by which Micrsoft made their software "work better" than third party software was by using undocumented APIs. When you're already a monopoly, that's what constitutes an "unfair advantage."

      --

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

    7. Re:Not to start a flame war... by sarlos · · Score: 1
      That's a news article. The actual court documents are just slightly more detailed, you know. And anyway, the point is that the method by which Micrsoft made their software "work better" than third party software was by using undocumented APIs. When you're already a monopoly, that's what constitutes an "unfair advantage."
      Except people around here are using this news article as further fuel on the argument against Microsoft... The years of coverage have always been in favor of the courts or those attacking Microsoft. I can't remember one article providing honest insight into Microsoft's side of things. You may call that the facts, I call it spin. To each his own though I guess...
      --
      Government's view of the economy: If it moves, tax it. If it keeps moving,regulate it. If it stops moving, subsidize it.
    8. Re:Not to start a flame war... by mrchaotica · · Score: 1
      I can't remember one article providing honest insight into Microsoft's side of things.

      How do you know you aren't the one who is biased? Considering that at least some of those articles must have been published in normally pro-Microsoft publications, it seems that the fact that you haven't found an article disputing the general consensus only leads more credence to it!

      Well, either that or you're picking and choosing the articles you read specifically for the purpose of accusing them of bias, in which case you're both actually biased and hypocritical. Either way, you're most likely wrong.

      --

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

    9. Re:Not to start a flame war... by sarlos · · Score: 1

      Here's my main argument: Most of the Slashdot community gets news through this site and the main-stream media. The MSM sells articles to readers based on what makes a good story -- and publicly criticizing one of the most succesful businesses in the country (arguable in this history of the world) is a good story. People like stories of people sticking it to the big guy, plain and simple.

      As to the second part of your argument, obviously there are articles that praise Microsoft products out there, it would be a waste of time to argue otherwise. However, point me to a source that is actively pursuing information in defense of Microsoft as regards their ongoing legal problems, and I will cede this point to you. I suspect that even 'pro-Microsoft' publications are being guarded about what they release, now more than ever, to avoid claims of biasing their articles in favor of ad money. Regardless, publications that are known for this should not in general be considered trustworthy news sources.

      --
      Government's view of the economy: If it moves, tax it. If it keeps moving,regulate it. If it stops moving, subsidize it.
    10. Re:Not to start a flame war... by mrchaotica · · Score: 1

      Well, here's what I'm trying to say: there's going to be publications that are generally biased against Microsoft (e.g. Slashdot) and ones that are generally biased towards Microsoft. But in this case, since even the ones biased towards Microsoft are saying that Microsoft is wrong, so it's reasonable to conclude that Microsoft is in fact wrong.

      It's kind of like WMDs in Iraq: some people didn't believe there were any there to begin with, but now even Bush admits that there aren't any, so the fact that there actually aren't any is almost certainly true. See what I'm saying?

      --

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

    11. Re:Not to start a flame war... by sarlos · · Score: 1
      It's kind of like WMDs in Iraq: some people didn't believe there were any there to begin with, but now even Bush admits that there aren't any, so the fact that there actually aren't any is almost certainly true. See what I'm saying?
      I don't want to get horribly off-topic, so message me if you want more information, but it's been verified that over 500 chemical and biological munitions have been found, many in such good condition that it's clear someone was taking care of them. If the Microsoft case turns out like the WMD case, then vindication might by in Microsoft's future. ;)
      --
      Government's view of the economy: If it moves, tax it. If it keeps moving,regulate it. If it stops moving, subsidize it.
    12. Re:Not to start a flame war... by dragonsomnolent · · Score: 1

      Somewhere I think you missed the point of the EU's decision. The decision is not based on the fact that third party software can't run on Windows, it can, and does every day (firefox, open office, and any game made by anybody but MS press). The issue is with interoperabilty with other systems, and their forcing Windows Media Player down the throats of the EU, but mainly the interoperabilty with other systems. The EU says, your not disclosing the slang that your servers and clients speak while speaking in SMB (that would be the protocol that MS likes to call Windows Networking), is unfair because nobody else can learn to use your slang. That's the interoperability issue here, not running third party apps.

      --
      I got nuthin
    13. Re:Not to start a flame war... by fymidos · · Score: 2, Informative

      > but come on, let's not jump to conclusions here.

      I agree, i say let's leave the conclusions to those that actually have all the facts.
      Let's see whether they think that the problem is the lack of good programmers...
      (..reading TFA ..)
      well, there it is: apparently they believe that it is the lack of proper protocol documentation
      that causes the "sub-par performance of third party applications on Microsoft server software".
      At least we cleared this one up.

      --
      Washington bullets will simply be known as the "Bulle
    14. Re:Not to start a flame war... by sarlos · · Score: 1

      Point taken.

      I am just wary of the motivations of the EU, or any government for that matter, when pursuing litigation such as this. I also honestly don't feel that Microsoft has any responsibility to divulge this information, though I do understand and respect the anti-competitive argument.

      --
      Government's view of the economy: If it moves, tax it. If it keeps moving,regulate it. If it stops moving, subsidize it.
    15. Re:Not to start a flame war... by Anonymous Coward · · Score: 0
      but it's been verified that over 500 chemical and biological munitions have been found, many in such good condition that it's clear someone was taking care of them
      Do you have any credible source for this claim?
  41. Stripping protection? by Mateo_LeFou · · Score: 1

    ...if you know what I mean. Even if an entity does no business in your country, you're (if I've got it right) compelled to enforce Berne-style "intellectual property" enforcement in your borders. Unless you want to be booted from WTO.

    --
    My turnips listen for the soft cry of your love
    1. Re:Stripping protection? by civilizedINTENSITY · · Score: 1

      But you aren't compelled to enforce Berne-style enforcement within your borders for convicted criminals abusing their IP priviledges. This would be like saying that since the various States all recognize each other's drivers licenses, it would be problematic for Texas, say, to arrest a New Yorker who was driving drunk. For the New Yorker to cry foul doesn't make sense. In Microsoft's case, though, they are popular enough that is like a rock star being arrested for drunk driving.

    2. Re:Stripping protection? by Svartalf · · Score: 2, Insightful

      Only where it's applicable. If Microsoft has no Copyrights in the countries in question either because of an oversight or because they've been stripped of them, then the Berne Convention doesn't apply and the WTO won't directly intervene. If you didn't know, even in the US, they may strip a rights holder of their rights if they're guilty of using the same to violate the Anti-Trust Acts. It just doesn't happen all that often.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  42. Re:I Think the EU is Wrong Here by Petersko · · Score: 1

    I said it makes economic sense to stay put. I said I would move Microsoft out of spite. By picking up stakes and limiting their presence, Microsoft would deprive the EU of a number of things, including a number of well-paying jobs.

    It wouldn't be a smart move. Hence, "Out of spite".

  43. Re:I Think the EU is Wrong Here by madcow_bg · · Score: 1

    But my friend, this IS a discussion!!! Ask everybody here and he will say to you that antitrust laws are good. (Everyone knows it. Take a diploma in economics or at least study some... you'll see why it is this way.) Antitrust laws are good and protect the comunity. There you have it.

  44. Re:Microsoft can pay that for 38 years with its ca by Bogtha · · Score: 2, Insightful

    It's not about how long it will take them to run out of money, it's whether it's more profitable to pay the fine or continue to break the law.

    I assure you, Microsoft shareholders won't be saying "it's okay, we can last for years like this" to the Board of Directors, they'll be saying "why are we paying a billion dollars per year fine?"

    --
    Bogtha Bogtha Bogtha
  45. Unpunished? Are you crazy? by Mateo_LeFou · · Score: 4, Funny

    Microsoft has had to issue numerous press releases saying they can't figure out what the EU wants them to do, and that the EU is just punishing them for making such a great operating system. They've had to pay for numerous "independent" studies to prove that showing several million lines of unreadable source code is the same as documenting an API. Haven't they suffered enough?!?!

    --
    My turnips listen for the soft cry of your love
    1. Re:Unpunished? Are you crazy? by Anonymous Coward · · Score: 0

      Suffered? You must be kidding us. I work for the bastards and its the employees and the consumers that suffer at the hands of the management.

    2. Re:Unpunished? Are you crazy? by Anonymous Coward · · Score: 0

      You have an American sense of humour, dont you? -_______-

    3. Re:Unpunished? Are you crazy? by Duhavid · · Score: 1

      Press releases?

      That is communication to the public. Not communication to the
      EU body that they are in trouble with. If they *really* dont
      understand ( and I expect that they do ), they can ask *that
      body* for clarification ( and they probably have had a few go
      arounds ).

      And what good are the "independant" studies? They are not part
      of the court system, unless they have been asked to testify,
      so that is just more PR, not working thru the issue.

      It is my opinion that Microsoft knows pretty much what is expected
      of them, and that they dont want to do it. All the PR is just to
      attempt to bring pressure to bear on the govt to relent.

      --
      emt 377 emt 4
    4. Re:Unpunished? Are you crazy? by Duhavid · · Score: 1

      Glad I am for the opportunity to respond to myself...

      Just saw your note on the sarcasm detector, and it
      looks like mine needs some adjustment as well. :-)

      --
      emt 377 emt 4
    5. Re:Unpunished? Are you crazy? by Anonymous Coward · · Score: 0

      "EU is just punishing them for making such a great operating system."

      Great OS? That is relative. Any OS that is designed to lock you in, creates barriers to interoperability and demands that you surrender some of your rights is not great OS IMHO no matter how good the apps for it are.

    6. Re:Unpunished? Are you crazy? by KingMotley · · Score: 1

      The EU asked for API Documentation. Microsoft gave away the entire source code, and that STILL isn't enough for them. They produced some 11,000 page document to fully document the APIs, but it wasn't enough. Believe what you want, but anything Microsoft does isn't going to be enough to satisfy the EU.

    7. Re:Unpunished? Are you crazy? by Duhavid · · Score: 1

      They gave away their entire source code? Where is it?

      There is a tactic used sometimes in lawsuits. The other
      side wants a document. You give them that document, buried
      in a trailer full of fluff that is useless, good luck
      finding it. Then you can tell the judge that you gave
      it to the opposition, and be truthfull.

      Having read some of Microsoft's current documentation,
      some of it is OK, but usually the parts needed for the
      more advanced stuff is technically there, but hard to use
      and not very discoverable. I cant imagine the documentation
      on stuff they *dont* want being very good.

      An example... I am trying to add some code into an app
      I have under development. This code needs to query the
      printer before printing a document, as the forms are
      preprinted, and have to be carefully controlled, as they
      are redeemable for money ( they are bail bond document, the
      actual document that jail would accept to bail a person out ).

      The documentation on Win32_Printer ( CIM_Printer ) implies good things. Nothing
      about how to use it. Nothing that tells me ( until I pushed thru
      all the stupid stuff, and got it working ) that the data
      that I get back is only from the driver on the machine, not
      from the printer itself ( and therefore, useless to me ).

      Still looking. Not much of help.

      I recall looking at the sockets documentation when Visual
      Studio 6 was still "the thing". If you didnt know socket
      programming, it was pretty useless. Most of the MultiThreading
      documentation seemed to be about telling me that I was not
      smart enough to do it.

      So, I dont know. Maybe they gave out good quality
      documentation ( source code can tell you what, but
      you have to figure out why, which other documentation
      should give you ), but having watched Microsoft thru
      two US federal cases, and the state issues, and how
      hard they worked to spin the issue, prove their case
      in the court of public opinion rather than the court
      of law, it is entirely too easy to believe that they
      are gaming this one.

      --
      emt 377 emt 4
    8. Re:Unpunished? Are you crazy? by zpodcaster · · Score: 1

      When I need Linux source code, I go to http://kernel.org./ Or sourceforge for any godzillion Open Source projects and get it. Or openoffice.org. Also, I can contribute, make changes, in other words code is not a snapshot. It's a river.
      I think EU is absolutely correct: Microsoft exhibits barbaric business model based on closed source and some fairly scary business practices. This cannot be good for EU, or for China, US, Russia, India or any country in the world. Go, EU, go.

  46. Re:Oh MEINE GOTT! At that rate.. by DrSkwid · · Score: 1

    It's $2.5mil per day now, that can change to an unlimited amount should we decide it is continued willful non-compliance.

    So MS, bring it on, Turkey needs some inward investment!

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  47. Dear Microsoft, by Daneboy · · Score: 4, Funny

    Thank for your recent letter. Regretfully, we must decline your offer of your special edition software and its license.

    Apparently you are not aware of our country's recent legislation addressing software license rules. In order for a software company to legally sell ANY software in our country, it will now be required to provide, free of charge, a number of fully licensed copies of said software to the government, that number to be determined by the government and revised at the government's discretion.

    (Having a monopoly sure sounds like fun. But writing your own laws is even more fun, we think!)

    --
    /* "Specialization is for insects." -Heinlein */
    1. Re:Dear Microsoft, by Opportunist · · Score: 1

      I feel a UserFriendly comic strip in the making...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  48. Re:I Think the EU is Wrong Here by gravij · · Score: 2, Insightful

    Well if you can come up with a good reason why the current anti-trust laws are broken/stupid etc then you might be able to change people's minds. It seems that most people here (except perhaps Microsoft fanboys) are happy with the way the law tries to stop Microsoft from causing too much havoc in the world.

    On the other hand DMCA, patent laws, etc. seem to be broken in favour of big business. The same big businesses that control the government. I'm sure you can figure out what is wrong here.

  49. Re:I Think the EU is Wrong Here by Petersko · · Score: 4, Interesting

    They're breaking the law. The US convicted them of it. The EU did too. So did several other nations. They have failed to comply with their punishment. If the EU does not act, they are stating to the world that they won't or can't enforce their own laws.

    What the rest of the world did or did not decide is irrelevant. What I disagree with is the "failed to comply" portion. After reading both sides (including those long-winded PDF submissions from both sides), I think the EU's original demands were unclear to the point of unusability, and that Microsoft, in this case, has actually strived to comply. I think the EU has made a game of making Microsoft "guess", and then saying, "BZZT! WRONG! We didn't mean that, but we're not going to clarify much either. Try again. Oh, and your time is up."

  50. Like a tired parent threatening their kids and... by enmane · · Score: 1

    the kids aren't listening!

    Be done with it already - fine them and move on as the threats aren't working. Now we'll see if the EU has the backbone to enforce their policies or not. That's the problem with making threats and not carrying out on them; sometimes it's not worth the threats and you'd be better served carrying out on your word.

    Either way, SUPER-boring news!

  51. Re:Oh MEINE GOTT! At that rate.. by slashflood · · Score: 1

    BTW: it is "Oh mein Gott!" :-P

  52. misleading reference by rs232 · · Score: 2, Informative

    "isn't it possible that the real problem is piss-poor programmers"

    No the problem is, as the article actually states that it is Microsoft wilfull witholding of information rather than any sub-par performance as you so misleadingly imply.

    "Brussels also ordered Microsoft to provide rivals with enough information to develop software that could run as smoothly as its own on servers running Microsoft's Windows operating system."

    ... let the trolling begin.
    --

    Not to start a flame war...
    sarlos (903082)

    --
    davecb5620@gmail.com
  53. And games! by MarkByers · · Score: 0, Troll

    If only there were some way we could get from beneath the crushing foot of this megacorporation and have the freedom to choose. To choose the programs that met our needs, our budgets, and our requirements.

    Don't forget games. Freedom of choice, within budget and all the latest games.

    Oh, and hardware drivers for all modern hardware. Games, drivers and freedom.

    And an mp3 player. Don't forget that either. And without having to touch the command line to register illegal repositories. That would be cool.

    So to summarise: games, hardware drivers, a good mp3 player, no command line and not too expensive. That's what we need! So what's the choice again?

    --
    I'll probably be modded down for this...
    1. Re:And games! by jo_ham · · Score: 1

      www.apple.com

      Ok, so games is still catching up, but I think OS X makes up for that in spades in every single other area of computing vs Windows.

    2. Re:And games! by molarmass192 · · Score: 1

      games, hardware drivers, a good mp3 player, no command line and not too expensive.

      You mean like a Mac mini at $599????? Oh, and I REALLY like this one "to register illegal repositories" because Windows users NEVER EVER pirate software, no sir-eee. Linux users may use software that encroaches on some IP with respect to DVDs and WMVs, but it's a FCUKING LONG way from there to pirating software which is the norm on home Windows PCs.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    3. Re:And games! by modecx · · Score: 2, Interesting

      The real bitch will be when games start to require DX10. Frankly, it's the only thing that will make many people to upgrade to vista, and MS knows it. I hope OpenGL and an open SDL type will be available to compete for with DX10 in the eyes of developers.

      --
      Constitutional rights may be respected, repealed, or modified; but they must never be ignored.
    4. Re:And games! by El+Pollo+Muerto · · Score: 1

      You forget the amount of money that M$ provides in marketing to game publishers to use their technologies. It is the rare game company who has the clout to move forward without the M$ marketing backing. It is really no different than console manufacturers getting a royalty off of games to help subsidize the losses associated with putting a cheap console on the market. El

    5. Re:And games! by orasio · · Score: 1
      So to summarise: games, hardware drivers, a good mp3 player, no command line and not too expensive. That's what we need! So what's the choice again?


      All that, and a pony.

      Years ago, the problem was the GUI. Then, it was the web browser. Then, the Office compatibility. Then, driver support for old stuff. Then modem drivers. OpenGL.

      Now, support for old hardware is no longer important (XP does not support my old tv-card and modem, and I didn't hear anyone complain) . Of course, everybody has ADSL right now, they don't need no freakin' modems. You need support for some wifi card you didn't care to inspect for Linux support.

      Hardware driver support is no longer an important issue. There are manufacturers that make Linux-compatible hardware, and there are those who don't, but that's an issue with those manufacturers, you can get Linux compatible versions of anything right now.

      And when you say: "And without having to touch the command line to register illegal repositories. That would be cool.", what do you mean exactly?

      What is the definition of "illegal" you are using? Adding non-free universe/multiverse repositories through synaptic doesn't involve illegal activities, at least to get mp3 and games. And about the command line... there is no need for command line, but WTF is the problem?
      The command line does actually suit much better to installation and configuration, because it's much easier to follow instructions on a command line than on a dialog.

      Right now is when I come to know I have been trolled, but I no longer care about that.
    6. Re:And games! by miffo.swe · · Score: 1

      Linspire has legal support for all the media formats you will ever need. The problem lies in the patent system in the US. In most of europe its perfectly legal to use codecs for mp3, wma, real and what else without paying a dime. The EULA forbidding the use of WMA on any other platform than Windows is highly illegal in most countries, expecially considering the current monopoly.

      --
      HTTP/1.1 400
    7. Re:And games! by xtracto · · Score: 1

      The real problem is not the aviability of the tools, but the *will* to develop in the platforms. Some developers use OpenGL as the 3D platform, I believe SDL is mature enough to develop on it. There are several multiplatform 3D engines with BSD (Irrlicht is zlib/libpng, OGRE and CrystalSpace are LGPL).In the Audio side you have OpenAL and SDL (the ones I know).

      But development houses do not want to program on them, What is needed is that a company like ID software creates a multi plataform game engine and license it to others (like Unreal or Quake engines),

      The problem only problem I see is for the 3D libraries creators to stay "int the edge" of technology as DirectX is, supporting the last-generation uber-cool multi-texel-heightmap-voxel-rendering-pipeline for the graphic cards. Unfortunately that is the work of OpenGL for example, and as we know, DirectX is more "dynamic" than OpenGL, supporting more features in less time.

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    8. Re:And games! by miscGeek · · Score: 1

      You forgot about the "not too expensive" part.

      --
      May the source be with you!
    9. Re:And games! by mvdwege · · Score: 1

      Now, support for old hardware is no longer important (XP does not support my old tv-card and modem, and I didn't hear anyone complain)

      Where were you in October 2001, when the howls rose up from the web fora from people who found out that their peripherals no longer were supported in XP and manufacturers refused to update their drivers?

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    10. Re:And games! by petermgreen · · Score: 1

      well the unreal engine is multi platform but all too often even when the engine is multiplatform many of the games based on it are not (i think epics charging model may also influence this).

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    11. Re:And games! by orasio · · Score: 1

      Bitching but buying and keeping stuff anyway doesn't amount to anything.
      XP was a commercial success despite its lack of hardware support.

      I think people should stop saying that frees sfotware is not ready for them, and start accepting that fact that only _they_ are not ready, or willing to change, is the main issue hindering adoption. Not that _I_ care a lot.

  54. Re:I Think the EU is Wrong Here by 99BottlesOfBeerInMyF · · Score: 1

    What the rest of the world did or did not decide is irrelevant. What I disagree with is the "failed to comply" portion.

    Then MS has only themselves to blame as they are the one who recommended and approved the person who has judged them as failing to comply. Since neither you nor I have seen the sealed documentation that has been provided, what makes you think you can better judge as to whether or not they complied than the expert MS picked who has read it?

  55. Re:I Think the EU is Wrong Here by DrSkwid · · Score: 1

    If you want spite then we can ban your products from being sold in the EU. No skin off our nose.

    Money grab, nah $2.5 mill is a drop in the Mediterranean to the EU

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  56. The fine is also applied retroactively by Nagus · · Score: 4, Interesting

    TFA didn't say it, but other sources do:

    The fine will be applied retroactively from December 15th.

    This means on July 12, they will need to pay 209 * 2.0M EUR = 418.000.000 EUR, or 524.339.200 USD. Following that initial payment, they will continue to pay 2 million EUR each day.

    It doesn't state anywhere whether the fine applies only to business days, or also to weekends and holidays. I've assumed it also applies to weekends and holidays since the laws are just as applicable on these days as on any other day.

    --
    Wenn ist das Nunstruck git und Slotermeyer? Ja!... Beiherhund das Oder die Flipperwaldt gersput!
    1. Re:The fine is also applied retroactively by mvdwege · · Score: 1
      It doesn't state anywhere whether the fine applies only to business days, or also to weekends and holidays. I've assumed it also applies to weekends and holidays since the laws are just as applicable on these days as on any other day.

      Bad assumption, I think.

      Most EU countries calculate these things on a theoretical year of 360 days. That does include most holidays, so your calculation is not very far off though.

      Mart
      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
  57. Focus, please. by Petersko · · Score: 1

    Well if you can come up with a good reason why the current anti-trust laws are broken/stupid etc then you might be able to change people's minds.

    I only think the EU is wrong on the "failure to comply" decision. I don't know one way or the other about the validity of their anti-trust laws.

    1. Re:Focus, please. by 99BottlesOfBeerInMyF · · Score: 1

      I only think the EU is wrong on the "failure to comply" decision. I don't know one way or the other about the validity of their anti-trust laws.

      I don't think there is any doubt in the minds of MS's battalion of antitrust lawyers as to what the EU wants. They want the APIs documented so that there can be fair competition in the server OS market. The problem is, MS doesn't want their illegal actions stopped in any way so they keep providing solutions that either don't do that or which are completely different from what is asked and seem to address similar concerns, but without having any real impact on the problem. They keep trying to get away with implementing something that still disadvantages competitors in the market, but in an obscure enough way that the EU commission will not notice or will give up. If they would just hire people to actually write the documentation extensively and properly and make sure they conform to it, there would be no issue. They can easily do that for a lot less than 2.5 million a day, but they don't want to because they are making more than that by breaking the law, thus they are stalling.

      MS knows what the commission wants and so does everyone else. Stop buying into their FUD press releases they are using to try to pressure the EU into not making them play fair. MS broke the law and now they're quibbling about obeying their court ordered punishment. They chose the person who has judged them failing to comply. They deserve zero sympathy here.

    2. Re:Focus, please. by Fire+Dragon · · Score: 1

      If they would just hire people to actually write the documentation extensively and properly and make sure they conform to it, there would be no issue.

      This is API-documentation that EU is wanting. Any decent software house should have these for any software that is on beta testing level. And we are now talking about is releasing API-documantation for production releases. There are no excuses for not having them.

      When writing software for bigger companies, you are bound to have external partners on projects, like hardware manufacturers. For these you have own set of documentation, for strict internal use there is another set with greater details.

    3. Re:Focus, please. by I'm+Don+Giovanni · · Score: 1

      "The problem is, MS doesn't want their illegal actions stopped in any way so they keep providing solutions that either don't do that or which are completely different from what is asked and seem to address similar concerns, but without having any real impact on the problem."

      What, exactly, is the "illegal action" in this case? Creating a non-open network protocol between windows clients and windows servers? Thats it? That doesn't exactly rate high on the "evil" scale. Talk about making a mountain out of a molehill; you guys act like Microsoft is using slave-wage labor in sweatshops, polluting the Mississippi River, slaughtering baby seals, or some such. Get some perspective.

      --
      -- "I never gave these stories much credence." - HAL 9000
    4. Re:Focus, please. by 99BottlesOfBeerInMyF · · Score: 1

      What, exactly, is the "illegal action" in this case? Creating a non-open network protocol between windows clients and windows servers? Thats it?

      Yup that's it, but some of us understand and have to deal with the far-reaching consequences of that act, and we'd like to not have to deal with the even worse consequences that will result if it is not stopped.

      Talk about making a mountain out of a molehill; you guys act like...

      Do you subscribe to the "we're not as bad as China" philosophy that says any wrong act can be excused by claiming it isn't as bad as some other, worse act? I don't buy it.

      Get some perspective.

      This coming from someone who took time out of his day to complain that other people are complaining about a criminal act that effects their everyday lives.

  58. Re:EU hates Microsoft? by Stemp · · Score: 1

    Don't tell me that you trust government data on a Windows system.

    BTW some police forces in Europe are using Linux , if a cop can do it what about the average user ;)

  59. Re:I Think the EU is Wrong Here by 99BottlesOfBeerInMyF · · Score: 1

    I love it how The Slashdot GroupThink questions the validitiy and constitutionality of laws such as the DMCA, copyright laws, IP laws, etc., but when it comes down to anti-trust laws, there is NO debate, whatsoever, and people such as yourself continually just parrot "They broke the law! They broke the law!". Nice.

    Why is it I have the feeling you're trolling? Maybe it is the obviously inflammatory remarks and generalizations accusing "Slashdot" as a whole of having some opinion. Or maybe you're just an idiot. I agree with some laws and disagree with others. There is no hypocrisy in that. If you have an argument as to why you think the antitrust laws being enforced are unethical, lets here it... but please, please, please make sure you actually understand the laws and their purpose rather than spewing out the uneducated, uncomprehending crap I hear so often from people here. At least make sure you are educated and have an informed viewpoint before making vocal assertions about it and making yourself look like an ignorant jackass.

  60. Re:EU hates Microsoft? by diffuze · · Score: 1

    How will the EU's infrastructure collaps when we don't have a software standard that "most of the world uses"? A bit contradictive don't you think?
    Besides - ofcourse the EU have a software standard that complys with the rest of the computerized world. We have laws and regulations though and if you're doing business here you are expected to follow them.

  61. Re:Nothing for you to see here. Please move along. by cayenne8 · · Score: 4, Interesting
    "Despite how much I dislike MS..."

    I'm the same way, not a fan at all, but, I do wonder at what point, what would prevent MS from basically thumbing their nose at EU, and saying fine, we'll just withdraw all new products from you market...and if things got worse, just plain stop supporting the products currently out there in EU.

    I would not guess it would be good for business, but, if MS has that much cash they're sitting on, and still can do business with the rest of the world...what would stop them from pulling this, and using that to leverage the EU into getting off their ass about this?

    Sure, while it would seriously promote alternate OSes in EU, could the EU stand to have the carpet pulled out from under them in this manner considering how entrenched MS is in the world of computing..?

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  62. Re:I Think the EU is Wrong Here by Rakshasa+Taisab · · Score: 5, Insightful

    Perhaps the commission was expecting MS to produce proper documentation, rather than try to guess how close to useless they could get while still being in compliance.

    --
    - These characters were randomly selected.
  63. But there is no other option for most people by Anonymous+Brave+Guy · · Score: 1
    If only there were another option; some kind of operating environment one could install on one's computer to do one's work. And maybe some other bits and pieces of software that could go with that environment that would still let one perform one's computer-centric duties.

    Unfortunately, for most users, there isn't. If there were, a lot of us would be using it.

    This is not intended to be a facetious reply, and I do appreciate the point you were trying to make. But right now, the only potential alternatives for most people are platforms based on MacOS or Linux. By the time you factor in the big name business applications for users at work, games and hardware limitations for users at home, the relatively high cost of Macs, and the relatively poor training and support available for most OSS, that pretty much rules out both for the vast majority of people who might switch away from Microsoft platforms given a reasonable alternative.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  64. Re:Raise the price of Windows in Europe by nuOpus · · Score: 4, Interesting

    Microsoft has been screwing us with the price for years. I mean ... follow the price of every new version of Windows and it doubles in price each release for very little. The only reason they raise the price that much is because they KNOW people will pay the high prices for no real gain. Now, if any other business were to do the same thing people would scream price gouging and never buy ... but no .... it is for some reason different because its Microsoft.

    That ... and bad business practices are why I do not like Microsoft. I mean, the Caldera vs Microsoft lawsuit in which microsoft caused FAKE error messages after it detected another version of dos ASIDE from MS DOS even there there was technically nothing wrong? If that does not scream crap business practice I dont know what does. It happened again recently where people complained the MSN web site looked like crap in Opera. Someone running linux found out that using wget to download the msn web site identifying itself as IE shows that the hiccups were on purpose the even THOSE web sites looked like crap in IE. Microsoft settled with Opera outside of court because of their deep pockets. Opera SHOULD have kept up the lawsuit.

    Like it or not Microsoft is not the honest company you think they are and they should be fined harshly.

    Lets say a company like Dodge (auto company) had a monopolistic influence over the auto industry (they dont .. but lets just pretend) and they tell all of the auto manufacturers that they will provide the Hemi engine FOR FREE to all of them. Now, because of their monopolistic presence, all of the companies dump EVERY OTHER engine manufacturer because of a) their name, and b) the free price ... then you would see LOTS of people and lots of states getting ready to sue Dodge. Primarily because the states and the government have a lot to gain from LOTS of other companies making competing engines. In this hypothetical example, Dodge would put the engine making industry in danger and you would see states and even other countries sue dodge.

    Yes, I hate Microsoft.

  65. Right by lwriemen · · Score: 1

    After all Microsoft established it's monopoly on a high quality OS (i.e., Windows) over the much inferior quality OSes like OS/2, AmigaOS, MacOS, *nix, ... ;->

  66. BS by Anonymous Coward · · Score: 0

    I'll believe it when I see it, until then it is complete BS

  67. Something wrong here by DanHibiki · · Score: 0, Offtopic

    why is Bill (Locutis) Gates still used to mark all Microsoft banter? He's gone, shouldn't we be making adolescent jokes about someone else now?

  68. Microsoft Relatively Non-Evil Compared to EU by Anonymous Coward · · Score: 0

    As much animosity as exists on /. towards MS, the EU seems to be a far greater evil than MS ever was/will be.

  69. The shareholders might care! by Builder · · Score: 1

    That's a reduction of a round 9 billion US dollars a year in revenues. The shareholders might (rightly) feel that allowing this to happen is NOT doing everything to maximise their value.

    1. Re:The shareholders might care! by fribhey · · Score: 0

      actually it's a reduction of around 900 million per year, not 9 billion

      --
      / http://suffocate.us
      / http://johngrayson.com
  70. Microsoft fined by Jolly_Fat_Man · · Score: 0

    Personally I think this thing will never end. Now if the fine goes retroactive... If the fine comes to 2.5million dollars since the rulling if you loose, then maybe Microsoft will start to get annoyed with this. Otherwise it's just silly for Microsoft. They probably are spending more than that on lawyers just to make a point and not loose face. I believe that the rulling should hinder their monopoly some more. You have x months to comply or the retroactive fines will double in value. I believe that the old school windows classic appearance could be made open without much trouble after Vista... I'd actually like to see the fine follow the same rule as that tale of the old egyptian man and the checkers board. 1$ on the first and you double the previous value each new day.

    --
    Blind are we who do not know that we are blind. The world has been boring ever since I got here.
  71. MS can pay indefinitely by Cid+Highwind · · Score: 1

    If Microsoft have their $35 billion invested in something that returns 3% annually they can keep paying the $2.5 million daily fine forever...

    --
    0 1 - just my two bits
  72. funyn by majortom1981 · · Score: 1

    Why is everyone so against microsoft. Didnt they give them a media player free version of windows? Doesnt Win amp run as good as media player does on windows? No matter what you say if microsoft withdrew all support and products from europe their would be some nasty consiquences. It would take some time for all servers and desktops to be tranistioned to linux. ITs not as fast as a process as you think. then would come trying to deal with the u.s and other countries that still use microsoft. It would be very bad if microsoft took everything out of Europe. For you video game junkies that would include the Xbox 360 I am starting to feel the EU is just trying to extort money out of microsoft. Microsoft has been giving them what they want from what I have seen and they still are asking for money.

    1. Re:funyn by majortom1981 · · Score: 1

      also from microsofts web site "For server software developers who take a license under this program, Microsoft previously had created more than twelve thousand pages of technical documentation covering specifications for the communications protocols covered by the 2004 Decision as well additional technology going beyond those protocols. In addition, Microsoft previously offered voluntarily to provide up to five hundred hours of free technical support from experienced Microsoft professionals who can answer any questions licensees might have. With today's announcement Microsoft has supplemented these resources with a new license for all of the Windows Server source code that implements all of the communications protocols covered by the 2004 Decision." How is this not good enough. 500 hours of free support from microsoft . they will answer any questions about the source. Doesn't msdn and tech support go into alot of detail about the apis and stuff too? How is that not enough?

    2. Re:funyn by 99BottlesOfBeerInMyF · · Score: 4, Insightful

      Why is everyone so against microsoft

      Because they are criminals that harm everyone and the computing industry in general with their crimes and because they have participated in the corruption of the US government by paying huge bribes to both major parties campaign funds to have the case against them gutted.

      Doesnt Win amp run as good as media player does on windows?

      How is this relevant?

      No matter what you say if microsoft withdrew all support and products from europe their[sic] would be some nasty consiquences[sic].

      Yeah, but they would be nasty mostly for MS.

      It would take some time for all servers and desktops to be tranistioned[sic] to linux.

      So, what would be the rush? Is MS going to try to get people in Europe arrested for pirating their software? Yeah, I'm sure the EU will get right on that. They'd probably revoke all of MS's trademarks, copyright, and patents in Europe, making Windows source code available freely.

      then would come trying to deal with the u.s and other countries that still use microsoft.

      Do you think other countries would not follow Europe's lead when MS failed to comply there? Do you think no one could manage to save as PDF, or use open office to open Word files?

      It would be very bad if microsoft took everything out of Europe.

      Yeah, that 10 minutes before the emergency conference call of MS's board would be pretty bad. Then the CEO would be removed and they'd go back to complying with the law. No one walks away from 20 billion in profit to avoid paying .7 billion. No one creates a huge market for their competitors, while undermining the monopoly that lets them make those outrageous profits. No one breaks their contracts with every major multinational in the world and expects to walk away from it. MS may be wealthy, but compared to the huge companies they would be screwing over they are a minnow in the ocean.

      For you video game junkies that would include the Xbox 360

      It's just one more market they are trying to make headway in that they would be crushed in.

      I am starting to feel the EU is just trying to extort money out of microsoft. Microsoft has been giving them what they want from what I have seen and they still are asking for money.

      Stop reading the MS press releases as news. No really, I'm serious. MS has not complied and have not documented the APIs well enough to allow competitors to compete on even footing. This is as judged by the expert MS picked to make this decision. Since you haven't seen the docs and he has and given his expertise and credibility, what possible reason could you think you have for being a better judge than he is? MS press releases can say what they want, but if you believe they are true and unbiased then you are complete fool.

    3. Re:funyn by PaulMorel · · Score: 1
      "So, what would be the rush? Is MS going to try to get people in Europe arrested for pirating their software? Yeah, I'm sure the EU will get right on that. They'd probably revoke all of MS's trademarks, copyright, and patents in Europe, making Windows source code available freely"

      The rush wouldn't be for home computers, it would be for business computers. Businesses can't just up and switch to linux. Businesses have layers and layers of security that are built upon microsoft software. I will never argue that that's a good foundation to build upon, but it's a moot point, because the structure is already there. It would take years to rebuild the european business systems that rely upon microsoft.

      Furthermore, if MS stopped supporting European businesses, it would be incredibly harmful to the european economy (if not causing an all-out crash).

      For instance, say that MS didn't allow European IPs to download their latest patch. Before long, this would lead to massive system instability. Viruses and spyware would eat European infrastructure alive and businesses would be, at least temporarily, crippled.

      Yep, microsoft made a crappy product, but everyone bought or pirated it and now we're stuck with it. Like I have said before, get over it. Market forces will work this out.

      --
      burrocrisy
      and that would be what? Ruling by jackasses? Never has a slashdot misspelling been more apropos
    4. Re:funyn by Sunny7L · · Score: 1

      How exactly are they criminals, even if they've lobbied governments?

      I'll never understand the animosity directed at Microsoft--unless it is just jealousy.

      Are these same complainers building their products to work on Mac and Linux? I doubt it. Maybe progress is stagnant due to laziness?

      You'd think some genius would go and build an alternative instead of continued attempts at making them open up to competitors. I can't imagine any other brand being forced to be so friendly with its rivals. I don't care what their current marketshare is, it isn't permanent. You simply build a better product and their reign would be over.

      That's what we should be striving toward. This obsession with Microsoft is what's the problem.

    5. Re:funyn by 99BottlesOfBeerInMyF · · Score: 1

      Furthermore, if MS stopped supporting European businesses, it would be incredibly harmful to the european economy...

      What makes you think this?

      For instance, say that MS didn't allow European IPs to download their latest patch.

      So, MS machines in business environments are already considered insecure and firewalled away. Third parties would provide patches, made much easier by the free availability of the source code.

      Before long, this would lead to massive system instability.

      Please. Third parties already beat MS to releasing patches much of the time. With the source, patches would come out first for the EU and likely the massive exploits from the opened code would make "official" versions of Windows the more hacked one.

      Market forces will work this out.

      Go read up on monopolies and antitrust law. The whole point is it provides a way to avoid market forces. They won't work it out since MS will not be subject to them unless antitrust laws are enforced.

    6. Re:funyn by 99BottlesOfBeerInMyF · · Score: 1

      How exactly are they criminals, even if they've lobbied governments?

      They tied their monopoly OS to their office suite, media player, server, IM, web services, web browser, and dozens of other markets. Each is a violation of criminal antitrust law.

      I'll never understand the animosity directed at Microsoft--unless it is just jealousy.

      We have to deal with all the damage they did to the computing industry. Every time we have to work around MS's horrible partial implementation of decade old standards so that something that works in every browser made by a dozen different groups also works in their browser we get mad. Every time we see really cool functionality in a product they buy and kill, we get mad. Every time we waste an afternoon working around something broken in their products that we have to use to interoperate despite the fact that they are junk, we get mad. The state of the industry is a shambles and it is mostly because of a single company's actions.

      Are these same complainers building their products to work on Mac and Linux? I doubt it. Maybe progress is stagnant due to laziness?

      Sure most of us do. Lack of progress in the industry due to laziness is easily overcome with greed. Capitalism works because people will work hard to make a pile of money. The problem is, because MS bypasses market forces with their monopoly, even working hard and making a better product will not let you win in the market, and thus make money. The incentive for people to spend time and money to innovate and make better things is gone, thus the industry stagnates except for people working for other motivations (which are much rarer than greedy people).

      You'd think some genius would go and build an alternative instead of continued attempts at making them open up to competitors.

      Take a look at Firefox. It is faster, is six years ahead in standards support, has much better plugin features, is more secure, has had UI innovations for years, has good pop-up blocking, is cross-platform, and is free. It kicks IE's butt all around the block. It has about 1/8 IE's market share. Now apply this to every market. Making a better alternative does not allow you to out-compete an abusive monopoly, so most people don't try. Market forces don't act on a monopoly, which is why abusing a monopoly is illegal.

      You simply build a better product and their reign would be over.

      Please. OS X kicks Window's butt. BeOS kicked Window's butt Next kicked Window's butt. In a hundred other markets products are superior to what MS offers, but they still don't gain market share. Maybe you don't understand how a monopoly works.

    7. Re:funyn by Sunny7L · · Score: 0, Troll

      The problem is that "monopoly" has been redefined and distorted. You keep saying "their product" and that's my point. This isn't a finite resource. There is room for competitors--nothings stopping them except their own conformity.

      There is no reason for Microsoft to set the standard. And even then they should not be punished for success. Especially when your goal is to build your success off of their success--that, to me, sounds like pure greed and laziness.

      The other OSs need to step up to the plate, IMO. Macintosh and Firefox are only starting points. Eventually Microsoft will lose it's dominance but that will happen faster if people invest their efforts in alternative products, not constantly contributing to the same ole thing.

      If Microsoft is truly so bad, make something better.

    8. Re:funyn by 99BottlesOfBeerInMyF · · Score: 1

      The problem is that "monopoly" has been redefined and distorted.

      How so?

      You keep saying "their product" and that's my point. This isn't a finite resource. There is room for competitors--nothings stopping them except their own conformity.

      Monopolies are defined by markets. MS has a monopoly in the desktop OS market. Several companies have tried to enter that market, with superior products and could not make a profit due to MS's illegal actions. Further, MS is gaining market share in additional markets by illegally leveraging the first monopoly. When an inferior product that costs more gains market share, the market forces are failing.

      There is no reason for Microsoft to set the standard. And even then they should not be punished for success.

      They aren't. It is perfectly legal for them to have a monopoly. It is illegal for them to use that monopoly to gain market share in other markets, despite having an inferior product to others in that market.

      Especially when your goal is to build your success off of their success--that, to me, sounds like pure greed and laziness.

      No one is trying to build off of their success. In the server market MS has the slowest, least secure, most expensive product. It fails to multitask well and is inferior in almost every way. It communicates with their monopolized desktop product via secret protocols. Those protocols are not innovative or new, they are intentionally broken version of existing standards. So they have an inferior product and have not innovated. In a free market, that means they will lose market share to cheaper, better competitors. That is not happening though, because they have bypassed the free market forces. Everyone has to use Windows. It dominates the desktop, a separate market. MS, however, has tied the desktop to the server with secret protocols. Thus, anyone not using MS's server product is placed at an artificial disadvantage. The result, consumers pay more and end up using an inferior product, even though it is the right business decision because they need to interoperate with the Windows desktop. Do this a hundred times in a hundred markets and you end up with one company with a hundred monopolies, all by providing inferior products at inflated prices. Capitalism fails. That is why it is illegal.

      The other OSs need to step up to the plate...

      They cannot, without another monopoly. You see, no one can successfully enter the desktop OS space because the barrier to entry is to high. They all had to move to other markets to make money.

      If Microsoft is truly so bad, make something better.

      A hundred companies have better offerings than MS in a given market. It does not matter. Abuse of their monopoly, unchecked allows MS to win with an inferior product. You should really do some research on monopolies and antitrust law. Try wikipedia.

    9. Re:funyn by I'm+Don+Giovanni · · Score: 1

      "Because they are criminals that harm everyone and the computing industry in general with their crimes and because they have participated in the corruption of the US government by paying huge bribes to both major parties campaign funds to have the case against them gutted."

      Microsoft has never been convicted of a "crime", and so are not "criminals", and you have no evidence of "paying huge bribes". I didn't bother reading the rest of your drivel. And what buffoon modded your garbage as "insightful"? Please...

      --
      -- "I never gave these stories much credence." - HAL 9000
    10. Re:funyn by Tom · · Score: 1

      No matter what you say if microsoft withdrew all support and products from europe their would be some nasty consiquences.

      Yes, MS would file for chapter 11 within the quarter.

      Come out of that little corner of the world you call the US and take a look around. The EU market is considerably larger than the US market. We have at least as many multinational corporations. If the EU headquarter had to switch to a non-windos platform, the other divisions would follow, starting an avalanche that'd break the MS monopoly once and for all.

      Maybe 10 years down the road, we won't joke about the imperial system, but about the fact that you dudes are still using windos while the rest of the world has agreed on something that makes sense. ;)

      --
      Assorted stuff I do sometimes: Lemuria.org
    11. Re:funyn by 99BottlesOfBeerInMyF · · Score: 1

      Microsoft has never been convicted of a "crime", and so are not "criminals"

      Antitrust law is criminal law, not civil. MS was convicted of violating it in both the US and Europe (among other places).

      and you have no evidence of "paying huge bribes"

      Microsoft donated more than a million dollars in campaign contributions to both parties in the 2000 elections, right before the Justice department decided MS punishment (after they had already been convicted) would be... nothing. YUp, they were found guilty and punished with nothing, right after donating huge amounts of money. What a coincidence.

      I didn't bother reading the rest of your drivel. And what buffoon modded your garbage as "insightful"?

      Probably someone who read my post and thus can make an informed decision instead of your obvious and admitted ignorance. Why don't you go back to Digg, and let the grownups talk here?

    12. Re:funyn by Alsee · · Score: 1

      Why is everyone so against microsoft.

      Because Microsoft consistantly engages in illegal and dirty tactics as a matter of standard operating proceedure. Microsoft has been convicted in court of hundreds of egregious civil and criminal violations, and hundreds more they have gotten away with.

      "Everyone so against microsoft" because they are aware of and pissed at many of the crimes and extremely slimy business practices of Microsoft. It would be hopeless even attempting to give a superficial laundry list of the things Microsoft has done... so I'll just list one particularly colorful item. One perfect example of why most people here are against Microsoft:

      Microsoft has repeatedly caught red-handed deliberately sabotaging their own operating sysem and screwing over their own customers by inserting deliberate errors and deliberate crashes when Windows is used in conjuction with certain competitor's software, for the explicit purpose of exterminating those competitors and forcing people to use Microsoft's own products in conjuction with Windows. I can dig up links for you if really disbelieve that Microsoft could or would ever do such a thing.

      Now you tell me, is that or is that not a reasonable reason to be pissed at a company? Now imagine following obscure icrosoft tech news and reading dozens and dozens of such examples.

      Remember, the entire reason for *this* news story is that Microsoft has been convicted in court of breaking the law. When someone is convicted in court of breaking the law, doesn't it cross your mind that maky they did something wrong and that they are "the Bad Guy" in the situation?

      Microsoft has been giving them what they want /
      Didnt they give them a media player free version of windows?


      Have you actually LOOKED at the case? have you actually read the court order?

      Yes, Microsoft made available a media player free version. However the current fines are not over that. The current fines are because Microsoft has still willfully refused to comply with the rest of the court order. You must be reading nothign but Microsoft press releases if you realy think that Microsoft has complied.

      If I break a storefront window and the judge says I have to sweep up the broken glass AND replace the window, I am in contempt of court and subject to severe punishment if I only sweep up the broken glass.

      Actually that's not quite fair.... Microsoft didn't only sweep up the broken glass. Micrsoft swept up the broken glass, and then offered to cover the store front in saran wrap (instead of replacing the window). The judge then said NO, you have to replace the window, you can't just cover it in saran wrap, we do not want your lousy saran wrap. Microsoft then proceeded to deposit a case of saran wrap in front of the store, with a contract on the carton saying that be opening this carton the store owner grants partial ownership and control of the store to Microsoft. Microsoft then held a press conference to announce that they were now in full compliance with the court order. (This must be the press release you read.) Naturally the court Was Not Amused.

      The court has stated that Microsoft will be fined for each day they refuse to replace that store window, as originally ordered. Which is where we are today.

      Microsoft has no respect for the law because they know that they are rarely caught or prosecuted for breaking the law, and because they know that they have extremely powerful lobbying ability to get government officials to intervene to sweep violations under the rug, because they know that even if they are prosecuted for breaking the law that they can drag out the litigation for years in endless legal manuvers and red tape, and that even if they are convicted of breaking the law they can tie teh case up for several more years while they appeal and reappeal, and that win or lose they have reaped massive profits for several years due to those illegal tactics, and t

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    13. Re:funyn by Sunny7L · · Score: 1

      Microsoft dominates the OS market. It isn't a monopoly because, as you yourself mentioned, it is not the only option. And, there are arguably superior products.

      Its success comes from popularity, and tradition. That's not a monopoly, IMO.

      And so they build products to compliment their OS.

      I don't know what illegal actions you're referring to. Certainly MS doesn't force manufacturers to use their expensive OS. If they've entered into an exclusive contract with MS then your beef should be with them. Unless it's just that you don't like MS.

    14. Re:funyn by N3wsByt3 · · Score: 1

      "Microsoft dominates the OS market. It isn't a monopoly because, as you yourself mentioned, it is not the only option. And, there are arguably superior products."

      I'm sorry, but your definition of a monopoly is incorrect.

      You may have humble opinions as much as you like; Microsoft HAS a monopoly, and this is recognised by all western countries and their courts, including that of the USA, I may add.

      Since it's the opinion of the courts that matter, and not your personal opinion, in any practical (and legal) sense, they DO have a monopoly, and thus, your whole reasoning becomes void - at least as far as it was substantiated by your claim that it wasn't a monopoly.

      --
      --- "To pee or not to pee, that is the question." ---
    15. Re:funyn by GaryPatterson · · Score: 1

      Microsoft has never been convicted of a "crime", and so are not "criminals"

      That's news to me.

      It was convicted under US criminal law. It appealed the conviction and failed in the highest court in the US. All the lawyers on the Microsoft payroll could not save it from clearly being guilty under criminal law.

      This is not a matter of debate. It's on the public record, open for all to see. Microsoft has a criminal conviction recorded against it and it has used up all avenues of appeal to no avail.

      Of course, at the time I predicted that the punishment of splitting the company into an OS division and an apps division would slowly be changed into giving it huge government contracts and putting statues of Bill Gates in front of every town hall. Still waiting on the statues, but they're not far off I think.

      The bit about bribery is fair game. Donations can be viewed as bribes or commitments to the democratic process. It's a point of view, but the sums donated should be matters of record. I've no doubt at all that Microsoft donates generously to political parties, and like everything in business I've no doubt they expect some sort of return on that money.

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

      ha ha burn!

    17. Re:funyn by Sunny7L · · Score: 1

      Because, of course, whatever stance the courts take must be right?! This is all about bringing down a giant. My stance is that you shouldn't be punished for success. I don't think any law invalidates that.

      And, FYI, a monopoly, by definition, is "when there is only one seller of a common commodity." There is nothing precluding competitors in this market.

      Also from http://answers.com/
      "In economics, a monopoly is defined as a persistent market situation where there is only one provider of a kind of product or service. Monopolies are characterized by a lack of economic competition for the good or service that they provide and a lack of viable substitute goods."

      "Monopolies may exist in a particular industry if a company controls a major natural resource, produces (even at a reasonable price) all the output of a product or service because of technological superiority (called a natural monopoly), holds a patent on a product or process of production, or is granted government permission to be the sole producer of a product or service in a given area."

      Using the standards as they have been applied to Microsoft, Pepsi and Coke are monopolies--all successful brands are.

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

      You come across as ignorant and pedantic. But I;ll give you the benefit of the doubt:

      http://www.usdoj.gov/atr/cases/f3800/msjudgex.htm

      Here, have a nice read. Pay attention as to how carefull Judge Jackson defines Microsoft's monopoly. Read up and reply to this. I have been waiting for someone to actually tell me why Judge Jackson was wrong, but everyone seems to cower away when they get the facts. Pun intended...

    19. Re:funyn by 99BottlesOfBeerInMyF · · Score: 1

      Microsoft dominates the OS market. It isn't a monopoly because, as you yourself mentioned, it is not the only option. And, there are arguably superior products.

      Antitrust law deals with making sure the free market operates properly. Thus, monopolies for legal and in economic modeling are defined not by products, but by markets. So tell me, who else is making money selling desktop OS's? Apple sells hardware with an OS bundled and upgrades for that hardware and tied to it. Redhat sells service and support but gives their OS away fro free. Sun gives their OS away for free and makes money on hardware. IBM sells hardware, support, and services and gives Linux away for free. Maybe you're noticing a pattern here. Microsoft is the only one that makes money selling a desktop OS. Thus, they are a monopoly.

      The US, EU, and several other courts have recognized this as have pretty much all reputable economists.

      And so they build products to compliment their OS.

      There is nothing wrong with that, so long as they are not tied to the OS as defined by antitrust law. You see, product need to stand on their own against competition in the free market. They have to be better than the competition or cheaper, or both. Since everyone is striving for this the market is efficient. Customers get the best and cheapest products.

      When products are tied, however, it is often in the customer's best economic interest to use a product that is not innovative, better, or cheaper because the disadvantages brought by not having the tie-in with the monopolized product overweight the advantage of having a product that is better or cheaper on its own. In this case the free market has failed. Thus, it is illegal.

      I don't know what illegal actions you're referring to.

      Then you obviously haven't done any research on this matter. MS has been convicted of several counts of illegal tying. In the EU case they used secret protocols that communicate between the Windows desktop (monopoly) and Windows server. These include Exchange and Active Directory. Neither protocol is innovative; both are intentionally broken copies of existing open standards. They have, by changing Windows desktop, brought Windows server an unfair advantage in the market. Windows Server is the only one that can talk properly using these built in features and protocols. Windows server is slower, less secure, more expensive, can't multitask well, and less reliable than the competitors. The only real advantage it has is this illegal tie-in. It is gaining market share. That is the market failing. It is also blatantly illegal in almost every country. MS knew it was illegal when they did it, but they figured they could bribe their way out of it or would pay less in fines than they make with the monopoly. So far, they have been 100% right. The US found them guilty but took no action to even stop the law breaking. MS lost lawsuits to hundreds of companies they harmed by doing this, but the pay-out is still less than the profit. Their business plan is to break the law, and it's working.

      Unless it's just that you don't like MS.

      I don't like the effects of MS's illegal actions on various computer markets and fields. Monopoly abuse removes the capitalist incentive towards innovation and brings it to a crawl. It is basically holding back the state of the art for profit. In the server example, companies are no longer motivated to make server OS's better. Why should they if they can't make money, even with a superior product? All of their illegal market abuses are also linked with lock-ins to make it hard for customers who have switched to go to another option later. This provided a momentum for the status quo, rather than for innovation.

      So look at another fields MS has illegally entered. The Web browser market is ruined. 85% of all people use the worst browser on the market, which lacks full support for standards 7 years old and has not added support for any of the Web standards since. It has brought adva

    20. Re:funyn by Sunny7L · · Score: 1

      If all of these OS are free why aren't they more readily available? I'm sure it would cut the cost of PCs by at least a few hundred dollars.

      I purchased my laptop at Fry's earlier this year and I don't recall any alternative, except Mac. Everything else had Windows. I doubt the other retailers (Circuit City, Best Buy) do any better considering Fry's is supposed to be so technology oriented, on the cutting edge.

      With the new Windows Vista coming out people will have to get used to a new UI so there's no reason why, IMO, more PCs can't be made available with these alternative OSs.

    21. Re:funyn by 99BottlesOfBeerInMyF · · Score: 1

      If all of these OS are free why aren't they more readily available? I'm sure it would cut the cost of PCs by at least a few hundred dollars.

      OS X is tied to Apple hardware. Linux, Solaris, OpenBSD, NetBSD, FreeDOS, BeOS, and a pile more are free for download and installation. There are a number of reasons, however, why these are not available in stores. (Walmart does sell some machines with Linux on their online store.) First, every major OEM and retailer needs to sell Windows, or they go out of business. Most consumers want or need Windows to use mainstream software. MS requires companies to sign illegal agreements in order to get a reasonable deal on Windows. Dell, for example, pays $70 or less for each copy of Windows they pre-install. This allows them to undercut any competition who does not have a similar agreement by $130 per PC, thus driving them out of business. All major retailers and OEMs have to have an agreement like this. Part of the agreement usually says that MS gets paid $70 for every PC sold, not for every copy of Windows shipped. In the past, they were getting paid when retailers sold Macs and Linux machines. Thus, a retailer had no monetary incentive to install Linux instead of Windows since they had to pay for Windows anyway. More recently, these agreements have become less obviously illegal (they are all sealed trade secrets). Now companies have to include a DOS compatible OS with every computer sold and pay for every copy of Windows. This means retailers can sometimes get away with shipping machines with FreeDOS (but not Linux). The problem is, they have to negotiate their OEM agreement periodically and MS can pick the price. Anyone they are not happy with, like anyone selling computers with Linux or something else pre-installed, might have to pay another $10 or another $100 per copy of Windows, thus making them more expensive than the competition and killing their sales. MS has retailers and OEMs by the balls and they use that to stop alternate OS pre-installs. Since most people don't know they can get another OS for free and since they already paid for Windows, there is little incentive to move to Linux or anything else. On top of all this, most retailers and OEMs are now getting kickbacks for installing spyware and crippleware versions of software on their computers. Since most of this software only works on Windows, they have a further monetary incentive to only pre-install Windows.

      With the new Windows Vista coming out people will have to get used to a new UI so there's no reason why, IMO, more PCs can't be made available with these alternative OSs.

      No reason except that any company that tries it will be betting their whole company on it, since they won't be able to compete when MS jacks up their price for Windows. They will live or die by the other OS, and it is just too big of a gamble for any current company.

    22. Re:funyn by Sunny7L · · Score: 1

      I've viewed http://www.linux.org/ but I doubt I can successfully install it without causing irreparable damage, so I won't risk it--if it ain't broke. . .

      Most people are not going to go to these extremes. Windows works out of the box. This is how it has to be.

      If it's a simple matter of pre-installing or even including a CD (as opposed to brokering some deal with MS) I don't see why companies like Dell don't offer this as an option. Especially since they're supposedly so customized, it seems like it'd be easy to list and provide alternative OSs. "Add for free" or "included in price" would attract a lot of people.

      Outside of businesses and govt agencies (including schools), I don't see home users "needing" Windows. But if most programs aren't created to run on multiple platforms that only adds to the problem and continued dependency on MS.

      That is the fault of the companies producing software, not MS. That's what I call laziness.

    23. Re:funyn by 99BottlesOfBeerInMyF · · Score: 1

      Most people are not going to go to these extremes. Windows works out of the box. This is how it has to be.

      The pre-installed OS market is probably 90%+ of the total market. MS has others locked out and I don't foresee this changing.

      If it's a simple matter of pre-installing or even including a CD (as opposed to brokering some deal with MS) I don't see why companies like Dell don't offer this as an option.

      Did you read my previous post? If Dell decides to add Linux as a normal, pre-install option for their computers the chain of events that follow will be like this:

      1. Dell offers new option.

      2. Dell saves $70 per Linux box by not paying for Windows, but breaks their OEM license with MS by shipping a machine without a DOS compatible license.

      3. Dell loses the ability to put a Windows ready logo on that line of computers, costing them marketing dollars.

      4. For each sale Dell does not get the $20 in kickbacks by installing spyware and crippleware.

      Lets assume that is $70-$20-$5 so far. Dell is making an additional $45 per machine they sell. These sales make up maybe 5% of their sales at this point.

      5. Three months later Dell has to negotiate a new Windows licensing agreement with Dell, since theirs is expiring.

      6. MS makes an example of Dell and starts charging them $150 per Windows license.

      7. Dell computers with Windows (which make up 90% of their sales) are now $70 more expensive than Gateway or Dell. On a $300 consumer desktop, that is 25% more expensive for the same machine.

      8. Dell loses huge numbers of sales on Windows machines since they are being out-priced by everyone else.

      The net result, Dell complies or goes out of business, unless they can get by just selling Linux, which no one has been able to. Users need Windows since most software only runs on it and until there are sufficient numbers of users for other OS's this will continue to be the case (a chicken and egg problem).

      That is the fault of the companies producing software, not MS. That's what I call laziness.

      Software is made mostly for profit. It is business. If you don't make enough sales on Linux to pay the developers to port it, then you don't do it. And that is fine. Having a monopoly is not a problem, it is perfectly legal. What MS is doing wrong is abusing that monopoly to sell more of their inferior products. Since everyone needs Windows (for the most part) MS can do whatever they want and it will still sell. This includes charging twice as much as people would pay if there was free competition. So they can pay twice the developers they need and include for "free" other software, thus driving anyone who makes that type of software out of business. You can't compete with nothing for a price so long as the software is just barely good enough for most people (not necessarily better than other offerings or innovative in any way). Now MS has two monopolies. They jack up the price again to cover what they spend making the other software and hire additional developers to enter yet another market. The end result is MS owning every market with an inferior product. Consumers have only one option and it is sub-par and expensive. Capitalism has failed.

      Because this monopoly abuse makes capitalism fail, it is illegal almost everywhere. The problem is, MS has enough lawyers and money for bribes that they pay less in fines and settlements than they make in profit by doing it. Thus, the fines and punishments need to be made more harsh.

      The only real and lasting solution to this is going to be to split MS into multiple companies and make them compete against one another. That was, in fact, the originally proscribed punishment for MS by the US courts right before MS donated millions of dollars and that judge was removed for bias for saying what MS had done was wrong (after the judgement had been pronounced). Since then MS has not been punished at all for their crimes in the US.

  73. Re:Nothing for you to see here. Please move along. by Shohat · · Score: 1

    Too bad there is none . There is something that comes close , and it might come even closer within 5 years or so , but the only reason to use at home would be if Vista would actually be the DRM filled memory-hoggin processor-crushing system that it is predicted to be .

  74. Monopolies Vs. Strategic Resources by alexfromspace · · Score: 1

    The US wants to protect its companies that it sees as strategic resource. They probably do not understand all the intricate issues related to Microsoft and see it as an "innovative" bleeding edge technology company that is an asset for the country's security and economic growth. Or maybe they have simply forgotten the economic repercussions of monopolies and how they cause economies to lose. Either way, it is clearly visible that in the wake of the government's failure to apply anti-monopoly laws, the relatively recently demonopolized AT&T (about 2 decades ago) is back to buy all of its separated baby bells. Many other big companies in the US are becoming increasingly bold against anti-monopoly laws, and mega purchases continue with the recent example of Oracle's acquisitions. Where this is going is uncertain, perhaps the government hopes to maintain the country's technological lead and is willing to look the other way when mega-mergers occur and monopolies grow. However, the economic theory is clear that monopolies will contribute to the slowing down of economic growth, or even become the cause of economic decline. Maybe this is more about government's priorities than seeing the Microsoft's issues one way or another.

  75. Re:Nothing for you to see here. Please move along. by DesireCampbell · · Score: 1

    Inside the Mind of Bill Gates...

    If only there was a way for a monopolistic company to help out it's customers. I don't know, bundle important applications and functions with the software everyone's getting anyway. Like, I don't know, a web browser. Yeah, those are important. Oh and some kind of player for media.

    Oh? What? ... Oh we're not allowed? Why? ... Because everyone has our software? Yeah, so we want to make it better... Oh? Oh we're not allowed to make it better. Oh I see. Why?... Well, that's true. If we bundle programs with our software that customers would normally have to go out and get from other companies, it might out those companies out of business. But isn't that an essential part of Capitalism?... Not for us? Oh, alright then. Well, what about the 'calculator' or 'clock' or '? They're bundled too.. Oh? Oh you only sue us when the feature competes well with other software? So when the bundled app sucks, like say that firewall we tried, you don't mind letting us leave it in but when we put out a great, popular, free product you investigate and sue us?... Really. That actually seems kinda unfair. But as long as every software company is prohibited from bundling multiple... Oh? Oh, it's just us? So, not anyone else?... Nobody?... Well, that actually sounds kind of unfair.

    And we still get to be the whipping boy of the Internet for having terrible software?... Well, then. I quit.

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  76. Don't forget the stock value... by Spy+der+Mann · · Score: 1

    If Microsoft is fined, their stock value will lower. And maybe it will continue to lower the more time they delay it. Eventually, they will have to finally release the documentation and competing products will arise.

    Microsoft was just delaying the inevitable.

  77. Never Apple! by Anonymous Coward · · Score: 0

    Games? Performance? Applications? No check.

    Supporting a company that is doing every bit as much (or more) as MS to limit your freedom and lock you into their platform? Check.

    "Apple has built a brand based on user and creator friendliness. They should not be permitted to bathe in the glow of helping creators and user-friendliness while propagating user-hostile technology like DRM."

    If we are on that level of price, apps, games, performance and ease of use, you'd win with a common PC and Ubuntu anyways. Count in user freedom and there isn't even a contest anymore.

  78. set sarcasm detector on "ultrasensitive", dude n/t by Mateo_LeFou · · Score: 1

    TNT kjh fdlgjkh afgve9 qiug kmnbv

    --
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  79. Re:I Think the EU is Wrong Here by Geekbot · · Score: 1

    You are right on. But I think there is an even bigger missed fault in that argument.

    Paying the money would be way better for MS, than if it just chose to walk away from EU free and clear, although it's clear that they can't.

    Imagine that they abandoned THAT MUCH market. IT abhors a vacuum as much as nature (unless it is a vacuum that is controlled by robots to clean their room in their mom's basement). If MS abandoned EU, it wouldn't just be losing sales, it would create a giant void that would be filled with competition, something that Microsoft has tried to control as much as possible all these years. With that kind of marketplace, those alternatives would mature very quickly, quickly enough to make very real threats to MS dominance in the US. MS needs Windows on every one of those European machines more than the EU needs MS.

    Of course, as mentioned, anyone in Europe would be able to pirate Windows as much as they like if MS burned their bridges there.

  80. The difference being? by hackwrench · · Score: 1

    From the article: It is one of the three main institutions governing the Union.

    That's like saying the Presidency isn't the government, it's the presidency. However, sometimes the government is taken to mean just the executive branch and sometimes it it taken to mean all three branches of government.

  81. There is no need for state interference by Baki · · Score: 4, Insightful

    Just let the market sort it out: do NOT grant companies protection for patents, copyrights, reverse engineering. Then the problem will solve itself.

    Many people are against monopolies, including myself. In fact I think monopolies are one of the few areas where state intervention is needed in the economy. However, even most monpolies only come to life and continue to exist not because the state doesn't do something against them, but because the state SUPPORTS them. They are supported by laws regarding patent, copyright, trade restrictions (e.g. against imports) and lately even against reverse engineering. Without such harmfull state intervention in the market, not many monopolies would survive for long.

    The EU need only abolish copyrights, and the problem shall be quickly solved.

    1. Re:There is no need for state interference by Anonymous Coward · · Score: 0

      And first to go should be GNU public license

    2. Re:There is no need for state interference by JordanL · · Score: 1

      The EU need only abolish copyrights, and the problem shall be quickly solved.

      That's like saying "you can get rid of your athlete's foot by amputating your leg... then the problem shall be quickly solved".

      The concept of copyrights are almost inherent to culture itself. That no one can copy, verbatim, something you made and claim it their own is fundamental to many freedoms we have. I'm Libertarian, not stupid.

    3. Re:There is no need for state interference by msuarezalvarez · · Score: 1

      Sure.

      Once copyrights are gone, there is no need to grant the extra rights the GNU licence grants anymore.

    4. Re:There is no need for state interference by Bert64 · · Score: 1

      That would actually do more harm than good...
      Abolishing copyright would result in GPL software being integrated into closed source binary products...
      Microsoft would just obfuscate their binaries and APIs even more, and introduce even more intrusive anti-copying methods to force people to buy from them anyway.

      What we do need tho, is reform on patents and mandatory openness of protocols and file formats.

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    5. Re:There is no need for state interference by Brandybuck · · Score: 1

      Creating things is natural, copyright is not. The purpose of copyright is to create and enforce a monopoly via the government. Copyrights (and other forms of intellectual "property") are antithetical to the free market.

      --
      Don't blame me, I didn't vote for either of them!
    6. Re:There is no need for state interference by JordanL · · Score: 1

      Yes, but only so long as all forms of art are not considered a commodity... or that is they are universally available to everyone, which is not the case.

    7. Re:There is no need for state interference by Brandybuck · · Score: 1

      Abolishing copyright would result in GPL software being integrated into closed source binary products...

      You GPL advocates drive me nuts! On one hand you say software should not be owned, and on the other you say we can't get rid of copyright. Make up your freaking minds.

      --
      Don't blame me, I didn't vote for either of them!
    8. Re:There is no need for state interference by kubrick · · Score: 1

      It might work for the limited case of Microsoft only, though. If the company deems itself to be outside of the control of the state, maybe the state should stop using the mechanisms of copyright to protect it?

      --
      deus does not exist but if he does
    9. Re:There is no need for state interference by Baki · · Score: 1

      There are many libertarians (including myself) that have a different opinion, see http://www.mises.org/journals/jls/15_2/15_2_1.pdf and many other articles on www.mises.org. The article is a fascinating read on the subject.

      In fact, the concept of culture is to copy and improve, to make variations. To learn and spread knowledge, not to restrict it. I think the concept of intellectual property in all its forms is a horrific abberration and completely opposed to culture. Alas many have been brainwashed and believe, without any proof, that somehow copyrights and the like are necessary to provide incentive for innovation.

      In almost the complete human history people were allowed to copy any idea, method or product they saw, except less and less for the last 200 years in western culture. It is the biggest threat for human liberty and basic rights.

    10. Re:There is no need for state interference by JordanL · · Score: 1

      Yes, but primarily because the barrier to duplicate things made it more desirable to create your own things and thus improve upon them in some way, or at the very least improve upon the process.

      That barrier does not exist in our current society for many things. As I said in response to another commenter, this assumes that all art is considered to not be a commodity... or that is, is universally available.

    11. Re:There is no need for state interference by moochfish · · Score: 1

      Please explain how abolishing copyrights helps

      a) competitors compete with bundled software
      b) reduce prices of operating systems (Windows)

      The software market is not the same as other markets. It is a winner take all system, especially due to businesses. Because of this, natural market dominance occures. Microsoft is a dangerous monopoly because it bundles products and has 40 BILLION in cash. Abolishing copyright would only dent them.

    12. Re:There is no need for state interference by Raphael · · Score: 1
      The purpose of copyright is to create and enforce a monopoly via the government.

      That statement is incomplete. It should be to create and enforce a temporary monopoly via the government.

      I have absolutely no problems with a copyright system that is reasonably limited in time and in scope. I agree that it should be illegal to copy software, movies, songs, books or other works that have just been published and for which the author (and to some extent, the publishers and distributors) deserves some compensation. However, this protection should be limited:

      • in time: a copyright that lasts a few years is fine. This could range from 10 to 30 years from the date of publication, for example. But a protection that lasts for 90+ years after the date of publication of lasts for 50+ years after the death of the author is unreasonable. It is hard to argue that such copyright extensions are really benefiting the community.
      • in scope: protecting fair use is as important as protecting copyright. I should be allowed to cite reasonably short excerpts from a work without asking for permission. I should also be allowed to make private copies of a work or to store it on a different medium (note that this does not include sharing these copies with friends or reselling them).

      Unfortunately, the current system is not reasonably limited in time and in scope.

      --
      -Raphaël
  82. Microsoft snuffing Europe? by falconwolf · · Score: 4, Insightful

    I would not guess it would be good for business, but, if MS has that much cash they're sitting on, and still can do business with the rest of the world...what would stop them from pulling this, and using that to leverage the EU into getting off their ass about this?

    A problem with this is that Europe is a big market for Microsoft. Then there's also the possibility other regions or countries can follow their lead. Brazil for instance has been getting into open source a lot recently and it's gaining in India as well. Take a look at MIT's Nicholas Negroponte and his $100 Laptop, part of a program to put a laptop in every child's lap. Something like this can be liability as well. If Microsoft doesn't try to work with programs like this, they could pull the carpet out from MS's feet.

    Falcon
    1. Re:Microsoft snuffing Europe? by Mister+Whirly · · Score: 1

      Sigh..Fine call me a troll for pointing out a $100 laptop may not be great... But for $50 more, this desktop seems a much better option. And it has video ports that will hook up to a standard television... http://www.wired.com/news/technology/0,71222-0.htm l?tw=rss.index

      --
      "But this one goes to 11!"
  83. Do You Think They Will, Really? by Greyfox · · Score: 1

    If Microsoft gets pissed off, takes their marbles and goes home all those Europeans will be stuck having to run Linux on their PCs. As much as I like Linux, I don't see that working out very well. It's not like there's another product they can install on their PCs and run their current software. Wine works OK for a lot of applications but it's hit or miss, especially with games.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Do You Think They Will, Really? by wboelen · · Score: 1

      What makes you think MSFT will do that? No company likes losing a huge market. And certainly not if it gives the competition (OSS in this case) a huge boost.

    2. Re:Do You Think They Will, Really? by Anonymous Coward · · Score: 0

      The EU is a group of independent countries. If MS takes its marbles and go home, they will just carry on using MS products for free and will gradually replace it with other systems. Decades ago, before MS Windows was usable, Apple and Lotus pulled out of South Africa amidst great fanfare - it had absolutely zero effect on the country.

    3. Re:Do You Think They Will, Really? by dbcad7 · · Score: 1

      The world would go on. I would imagine that efforts in Linux development would increase, fine tuning what is already very usable., and then there are also Apples products... and for games well I suppose you could get a playstation or something like that.. Nope, no armageddon, the worlds economy will not collapse, and humans will survive.

      --
      waiting for ad.doubleclick.net
    4. Re:Do You Think They Will, Really? by Anonymous Coward · · Score: 0

      no they wont, pirated copies of windows would be everywhere, and if MS up and leaves the EU, there would be absolutely no obligation on the eurpeans to uninstall windows right away, they would have every right to keep thier windows copies installed until...well, whenever.

    5. Re:Do You Think They Will, Really? by ibbo · · Score: 1

      "especially with games."

      I would say thats proabably the only area as the open source world has its own solutions to MS apps (which in some areas perform much better).

      I think it would be excellent for MS to try and flex it muscles over here.

      The bigger they are ......

      Ibbo

      --
      Linux user #349545 (GNU/Linux)iD8DBQBAzWjX+MZAIjBWXGURAmflAKCntuBbuKC WenpmXoA7LNydllVQOwCfdjyzXscd
  84. I never understood this... by NokX · · Score: 1

    it's a free market society. let company's do what they want and if the consumer (or whoever) doesn't like it - DON'T BUY IT! what microsoft should do is drop all support and sales of microsoft products to europe and then see how that feels.

    1. Re:I never understood this... by Anonymous Coward · · Score: 0

      And in a few years Microsoft will be crushed by Linux as it swarms in to fill the gap Microsoft left open.

      Game Over. Please try again.

    2. Re:I never understood this... by Corson · · Score: 1

      I wish it could work out that way, but the free market society cannot solve all problems of this society, people die without medical care or starve while food is being trashed in this free market society... but let's get back to our sheep. Short story: I switched to Linux: the OpenOffice suite is buggy because there isn't a market share big enough for the developpers to bother because almost everybody uses MS Office because it came as a deal with Windows; the multimedia tools (KPlayer, mplayerplug-in, etc.) are crappy because there isn't a market share big enough for the developpers to bother because everybody uses WMPlayer because it came bundled with Windows; the web browser (Firefox) cannot open all pages on the Web (not to mention limited plug-in support) because it doesn't have a market share big enough for the *web site* developpers to bother (they're busy evangelizing standards) because everybody uses MS Internet Explorer because it came bundled with Windows. I'm just a user, you know.

    3. Re:I never understood this... by Anonymous Coward · · Score: 0

      Copyrights aren't a part of a free market.
      Patents aren't a part of a free market.
      Limited liability isn't part of a free market.

      But you still want patents, copyrights and corporations.

    4. Re:I never understood this... by N3wsByt3 · · Score: 1

      "it's a free market society. let company's do what they want and if the consumer (or whoever) doesn't like it - DON'T BUY IT!"

      Then you never understood that a consumer and a business (especially a monopoly) are not equal, not in matters of exploiting power and influence, nor in having the same resources when a conflict arises. You do not let individuals do 'what they want', thus why should companies be an exeption?

      Companies do not have some inherent right; all rights (and especially those based on IP-laws) are given to them. By whome? By the state. Who constitutes the state? Well, ultimately the people (in a democracy). Thus, if people want restrictions for behaviour of citizens, it's normal they want restrictions on companies too.

      Note also that there IS NO true 'free market' anymore anywhere in the world; copyright and patents are state-ordained&granted monopolistic systems. Copyright and patents are not results of the workings of free-market, but of a monopoly given by the state, to the creator (in the false illusion it would support innovation).

      "what microsoft should do is drop all support and sales of microsoft products to europe and then see how that feels."

      For whome?

      Both would feel not to good in the short term (the EU would have to keep using their older versions, or change to something else like Linux, or use illegal versions - which many citizens already do, while MS would lose 30% of their income), and MS would not feel good in the long term neither (because it would have lost a huge marketshare which would be difficult to monopolise again).

      Let's face it, we all know that, in the end, when it comes down to those two options, MS will pay. If Bill would refuse and want to move out of europe, the shareholders would get a fit, pop a vein, and replace him asap. Companies are interested in profit, after all, they don't care about much else. When they have to decide between permanently losing 30% of their income versus a one time 0.7% (if they comply with the law then, that is), one can be reasonably confident what they will choose.

      --
      --- "To pee or not to pee, that is the question." ---
  85. It's the consequences that will do the damage by Anonymous+Brave+Guy · · Score: 2, Interesting

    The fine itself is relatively modest. But think of the knock-on effects that charging it will have.

    The fine will inevitably hit Microsoft's profitability. That in turn will hit their stock price, as a company already struggling to increase profitability, whose stock is traded in a market already very cautious about the value of the US dollar and interest rates. If MS stock prices start to slide, then that will have three dramatic effects.

    Firstly, the MS executives will suddenly become a lot poorer. BillG's fortune looks impressive, but it's electronic money, and much of it is tied to MS stock. Moreover, he can't take much of it out of MS, because doing so would send huge negative vibes through the market, which would itself hit the stock price further. The same goes for the other long-timers and big name execs.

    Secondly, a lot of MS employees have pretty low salaries by industry standards, getting a significant amount of their compensation through stock options and the like. If the stock price tanks, it will take employee morale with it, and a lot of talented people's resumes are going to arrive at Google, Apple, Web 2.0 start-ups and other potentially more lucrative places within a week. Naturally, this in turn will do further damage to the company's market value.

    Thirdly, the shareholders will be seriously pissed. That will result in a sell-off, lowering share prices still further. It may also result in executive heads rolling; big finance is not nearly as forgiving of executive blunders as it used to be, and there have been some high profile boardroom casualties in recent years.

    In other words, if this snowball starts rolling, it's going to roll a long way, very possibly enough to bring down the whole company, and certainly enough to bring down a few executives and lose a lot of good people from the staff.

    That is why the European judgement is a good one. It isn't, in itself, enough to sink Microsoft (and possibly tip the world economy into meltdown overnight). It is, however, enough to condemn them to death by a thousand cuts if they don't respond quickly. This is what is being missed by the people who have looked at their bank balance and concluded that they could last centuries just by paying the fines out of interest.

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  86. US antitrust by falconwolf · · Score: 3, Insightful

    Seriously, it seems that the entire history of antitrust action against MS in the US and Europe has been a colossal waste of time and effort. All it has done is show that governments don't really have the teeth to cut into Microsoft's anti-competitive behavior. I originally thought the DOJ action was going to curb MS, but it didn't.

    The Clinton admin had MS on the run but with the change in admin's things changed. The Bush admin went easy, and basically let MS go free.

    Falcon
  87. Europe appeasing the US? by falconwolf · · Score: 1

    The EU is likely unwilling to push too hard for fear of invoking the wrath of the US government,

    Like they bowed to Washington's decision to invade Iraq?

    Falcon
  88. Re:Nothing for you to see here. Please move along. by TheLinuxSRC · · Score: 4, Insightful

    "Sure, while it would seriously promote alternate OSes in EU, could the EU stand to have the carpet pulled out from under them in this manner considering how entrenched MS is in the world of computing..?"

    I agree that it would hurt with regard to new computer sales etc... however MS cannot stop existing installations from working. I also assume that should MS decide that they do not want to offer updates to existing software in the EU, while providing them for the rest of the world, that the EU would sanction "illegal" copies of said updates within the EU.

    Also, and probably more importantly, if MS did this (I am gonna take my ball and go home!) do you think that would be soon forgotten in EU countries? At that point MS becomes more of an enemy to the EU computing world than simply an 800lb gorilla. I think that should MS follow through with pulling out of EU it will probably result in MS not ever being able to re-enter that market; not due to political/legal problems but because people would not forget the way they were shunned by MS while MS was trying to make a point. In other words, if MS pulls out of EU, they have to consider the consequences with one of the most likely being that they could never re-enter that market in a substantial way again.

    Now before the MS apologists vent let me say a couple things. No, right now there is no equivilant replacement to MS. As a result, how long do you think it would be before either emulation (aka wine) was improved to the point of being transparent to the end user or how long before a lot of other software manufacturers start porting to Linux*? The EU has too many potential sales to ignore which most likely means that MS can no longer convince software houses to remain loyal to the MS world view of software.

    *I say Linux because it is the most sensible alternative. OSX does not run on generic (aka non-Apple) i386 and there are too many machines in place already. The BSDs are behind Linux in compatibilty with hardware and the amount of software written for Linux. I cannot think of any other OS that even approaches the maturity of Linux at this point.

  89. Re:I Think the EU is Wrong Here by Anonymous+Brave+Guy · · Score: 1
    I think the EU has made a game of making Microsoft "guess", and then saying, "BZZT! WRONG! We didn't mean that, but we're not going to clarify much either. Try again. Oh, and your time is up."

    And I have little sympathy for Microsoft even so. This is one of those cases where someone has been taking the piss for years, everyone knows it, but no-one's been able to pin them according to the letter of the law and the processes in place. In such cases, the end result is often that the relevant authorities say "enough is enough" and deliberately make a draconian but effective over-reaction that leaves no scope for wriggle room. No, it's not "fair" in itself, but it's a self-inflicted wound caused by playing the system (in particular, effectively complying with the letter of the law but not its spirit) for an extended period. Think of it as the civil equivalent of "contempt of court".

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  90. Aiiighhhh!!! by Lactoso · · Score: 1
    " MS has been ordered to document the APIs of the interaction between their monopoly desktop OS and their non-monopoly server OS to allow competition."

    And suddenly, a million MicroSerfs screamed as one....

    The only thing a programmer hates worse than a pin-headed boss is documenting code...

    Most people don't realize what a time-consuming and labor intensive task (proper) documentation can be. I imagine it must be quite a daunting task in this case if MS is offering source code instead of documentation and then taking this financial hit...

    1. Re:Aiiighhhh!!! by 99BottlesOfBeerInMyF · · Score: 1

      Most people don't realize what a time-consuming and labor intensive task (proper) documentation can be.

      If I had 2.5 million a day in budget, I think I could get it done if that is what they really wanted to do.

      I imagine it must be quite a daunting task in this case if MS is offering source code instead of documentation and then taking this financial hit...

      Offering the source code under the same license they do in the US would mean they don't do anything differently at all, and is thus cheaper no matter what. More importantly, due to the restrictive license it effectively prevents their most pressing competitors from using it, thus negating all of the real advantages of the agreement. Remember the point is to make it a fair and competitive market for servers. Documenting the APIs is the method for doing that, not the purpose itself.

  91. Shareholder / Owner / Trade Laws by Erik+Noren · · Score: 1

    They might not have a choice deciding to pay or not.

    Here in the US they are required as a publicly traded company to do what's best for the shareholders / owners. They'll have to do a comparison between paying the fines until some end point and the theoretical loss they would receive from complying. It is my understanding that complying would not cause losses to the company in any significant way; certainly not comparable to the fines.

    Because Microsoft is a multi-national corporation the rules might be a bit different depending on the setup of the company but it seems hard to escape the fact that, being based in WA, the main company is US, publicly traded, and therefore subject to these laws. If they do not act appropriately, they could face lawsuits from shareholders who can claim dropping stock prices are a result of negligent business practices.

    Tough spot to be in. I don't envy them. I do, however, look forward to seeing what comes of this.

  92. Re:Raise the price of Windows in Europe by Siberwulf · · Score: 1

    Price??? When I bought my copy of Windows XP Professional at Office Max, I got a free printer, a free scanner, a crappy Digital camera, paper, ink and a buttload of ink. I sold that all on Ebay and made back 50% more than I paid, and I had a legit OS for once.

  93. Re:Nothing for you to see here. Please move along. by LittLe3Lue · · Score: 4, Insightful

    haha.

    You are way off here. Europe is not just a 'Big Market' for Microsoft.

    If MS was to make 2 mill a day in EU, but fined 2.5 mill a day, it would be best to just move out, right?

    Or do you think that the loss of support for all of Europe might have a mass effect on the world market? These days most corporations have large divisions in Europe, or interact with counterparts in europe. If EU was forced to switch to anything but MS, large parts of the outside world would also.

    Not to mention, that if an entire continent showed it was capable of being productive without the juggernaught that MS is, the rest of the world would soon follow the example.
    And dont think that MS leaving EU would cause them to just callapse in onto themselves or something, just a big setback to start.

    Of course, Microsoft knows thats not even an option, and it'll never happen.

  94. Re:Nothing for you to see here. Please move along. by WindBourne · · Score: 4, Insightful

    What MS does not need right now, is for OSS/linux to flow into a market and be the main player. If Europe makes the leap to OSS, they will no doubt create loads of software companies. Some of these will be OSS, but I would guess that most will be closed. And most likely they will have no competition, but a HUGE market to sell to. At that time, the American companies will have no choice but to move into the Linux/OSS world. At that point, MS has lost not only a bit of business, but their monopoly. Game Over.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  95. omg by KevMar · · Score: 1

    If I was selling an operating system, there would be some features that should be standard.

    The ability to burn CD's
    The ablilty to surf the web
    The ability to listen and watch media files
    A fire wall
    Automatic updates

    If I was selling an office suite, there would be some features that should be standard.

    the ability to save to pdf

    I could care less about choise, if you choose to do something else with the product after buy it. I don't care. At the same time, I am not going to gimp my product to force people to decide for themselfs.

    I think the whole argument is a buntch of BS. There are so many things that Microsoft has done wrong that they should pay for. Offering a full featured OS is not one of them, thats one of the few things that they do correct.

    Bundling software is not the problem, its how it has forced windows on you and the comunity and removed choices. They should be more willing to open up some things as a good citisen, but its there product.

    It will tick me off the day that I get an OS and I have to go get all the features it should have.

    --
    Im a gamer, not a grammer major. This post is full of spelling and grammer mistakes.
    1. Re:omg by TheLinuxSRC · · Score: 1

      "They should be more willing to open up some things as a good citisen, but its there product." I mostly agree with your post with the exception of that last sentence. MS should be forced to open their network and filesystem protocols along with actual file specs (.doc etc) to competitors, including but not limited to open source competitors, not because I think so but because that is what was ordered of them by the EU. That is the part of the EU judgement that is most important and it is also the part that MS has consistently and continually balked at complying with; almost to the point of thumbing their nose at the EU.

      Please note: I did not mention anything about source code. That was not part of the settlement and that is not what competitors need to compete. That is however, part of the fallacy that MS creates by playing on the ignorance of most people involved in the issue. There is a subtle but very important distinction to be made: we want (and the EU demanded) the documentation for protocols etc, we do *not* want the source code of said protocols.

    2. Re:omg by Bert64 · · Score: 1

      You don't get linux direct from linus, and 99% of people don't get windows direct from microsoft...
      The middle man is who should do the bundling, ie the OEMs, just like they used to years ago (lots of them bundled netscape etc).
      Instead microsoft is forcing substandard products all the way down the chain, removing choice from end users and oem's.

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  96. In a fantasy world.... by smbarbour · · Score: 1

    I would love to hear an announcement from Microsoft along these lines:

    "We hereby rescind the licenses for all Microsoft products currently in use in those countries that are members of the EU retroactively to February 29th, 2004. Additionally, all Microsoft software currently on retail shelves throughout the EU, are now considered pirated software. Furthermore, based on our records, we will immediately begin to file lawsuits against the millions of people who have now been illegally using our software for the past two years."

    I'm not defending Microsoft, but an announcement like that would leave me absolutely hysterical.

    1. Re:In a fantasy world.... by Anonymous Coward · · Score: 0

      Dude, you already *are* hysterical.. who the fuck do you think it is who write the laws in europe? Microsoft? It's the european governements who write the rules you god damned moron! In your world MS may be a 800lbs gorilla, but in that case the EU is an army of tanks, and a entire airforce on top of it. *SIGH!!!*

    2. Re:In a fantasy world.... by Duhavid · · Score: 1

      What court would these suits be filed in?

      I dont personally think Microsoft would do anything
      like that. They might do something like "well, we
      are not allowed to do business in the EU. We would
      love to see this corrected, but our hands are tied.
      Until this is resolved, we will not be able to provide
      tech support to our EU customers". This will brnig
      pressure to bear on the EU government to "correct"
      the situation, and not endanger (they will hope)
      the ability to keep their customers, and the revenue
      they represent. ( keeping them from thinking, "well,
      time to accelerate or begin our investigation into
      other options" )

      See, with your announcement, Microsoft can be perceived
      as the bad guy. They will want to look like the good
      guys, just doing what they can.

      Note, I *dont* like the above.

      --
      emt 377 emt 4
    3. Re:In a fantasy world.... by Oersoep · · Score: 1

      "Until this is resolved, we will not be able to provide tech support to our EU customers"

      What the hell is this "tech support" thingie for EU customers? Never heard of it.

    4. Re:In a fantasy world.... by Duhavid · · Score: 1

      That is because you are not a PHB. PHBes insist
      on this "tech support" thing. They only need to
      scare the PHBes.

      --
      emt 377 emt 4
  97. Re:Nothing for you to see here. Please move along. by bmajik · · Score: 1

    Microsoft gets a surprisingly large percentage of its revenue from non-USA sources. "Shutting off Europe" would probably be a major impact to the bottom line, even if you ignore all of the contractual entanglements and legal problems it would cause.

    The spiteful part of me wants it to happen anyway. My understanding is that the US anti-trust law attempts to protect individuals from harm, but that the EU rules attempt to protect businesses from "harm", as if every company has some intrinsic right to exist in-spite of non-performance.

    I haven't found an article that really explains the EU position on the matter. It's easy to sit back and say "the EU won't stop until Microsoft never ships another feature again and discloses the sourcecode to everything it has shipped", but I'd like to think they have a more rational position than that.

    --
    My opinions are my own, and do not necessarily represent those of my employer.
  98. Are you completely retarded? by Anonymous Coward · · Score: 0

    If MS takes their marbles and goes home, then people in the EU will be able to use windows for free. The government doesn't care about piracy unless a corporation is paying them to care. If MS leaves, nobody will stop people from just downloading windows and using it. Or even selling pirated windows on PCs.

  99. Not possible by lurker4hire · · Score: 1

    Microsoft would have to be willing to:

    - Forfeit any chance of entering the EU market ever again
    - Forfeit any assets currently held within EU jurisdiction
    - Risk serious litigation on the part of shareholders against both the company and the board who decided such a course was justified
    - Alienate non-EU jurisdictions, basically telling governments around the world that you can't count on microsoft

    Would never happen

    l4h

    1. Re:Not possible by OwnedByTwoCats · · Score: 1

      If Mirosoft were to pull out of the EU market, they'd be giving up their monopoly. And the monopoly has made the business.

      Why does office sell for hundreds of dollars while what few commercial office-suites that are still for sale retail for less than a hundred? Because Office is the monopoly.

      What would the Europeans do? I hear there was this Computer Science student at the University of Helsinki that wrote an interesting operating system... Once there was a second platform, with a significant share of the world-wide installed base, developers would start to make money selling applications for it.

      Microsoft would never let that happen.

  100. ObDarkHelmet by sharkey · · Score: 1

    Perparing? You're always preparing!! Just fine them!

    --

    --
    "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  101. Its like a speed trap... by night_flyer · · Score: 1

    its nothing more than a money grab, to MS 2.5 mill a day may be nothing, but to the EU? think of all the STUFF they could buy! It kinda reminds me of the whole Enron/WorldCom thing. Shareholders lose millions upon millions of dollars and its the government that recieves the money in fines...

    --


    Thanks to file sharing, I purchase more CDs
    Thanks to the RIAA, I buy them used...
    1. Re:Its like a speed trap... by 49152 · · Score: 1

      Do you have any idea what how big the EU is? Its ludicrously bloated bureaucracy probably spend more money on toilet paper than this.

  102. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 0

    I've got a great way they can do all that and STILL not bundle software in and anti-competetive manner:

    Create a PC version of the XBOX Live Arcade for PCs, like steam (except not a platform, more of an online marketplace+) with a link in or about Add/Remove Programs (current windows UI sucks for an idea like this, but pretend add/remove programs isn't buried in a scary Control Panel) and stick all the Media Players and Calculators and web browsers and firewalls (beyond say minimal security settings just to keep stuff from attacking you in the interim) and provide Class Packages of software like Accessories package: Calander, Calculator, whatever Games Package, Media Package, Web Package and let customers have easy access to the free software you wish to provide in package form and individually, but allow other companies use similar technology to offer their own software (open API). Also provide version checking as part of the API, for automatic updates or update notices.

    MS could also use this to sell software (like office) directly to the consumer over the internet.

    Holy crap, that's downright sane! Am I wrong? Yeah I guess bundling all sorts of maybe useful crap with my OS is a better idea instead of prompting consumers to choose, or choose not to choose.

  103. Eu by majortom1981 · · Score: 0, Troll

    IT is stated in several articles that eu wants to repalce windows. The reason they are doing this is so that this new operating system will work with windows servers. They are not doing this so other programs can work on windows. get your facts straight. This is extortion. Why should microsoft have to create a competitor and put themselves out of business? Why dont you see this as wrong? Its like Nintendo being forced to make a console and giving it to sony to sell.

  104. What if MS fights back? by Blimey85 · · Score: 0, Redundant

    What is to stop MS from fighting back in some way? Maybe pulling all of their products from areas governed by this? I think that would sure shake things up a bit. I'm sure this will never happen but I think it might make a very strong point. MS provides something that millions of people need or at least think they need. How they got to be in the position they are in is pretty irrelevant at this point. They have a huge market share and if they really wanted to flex their corporate muscles, what could the Europeans do about it?

    --
    How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    1. Re:What if MS fights back? by Anonymous Coward · · Score: 1, Informative

      MSFT stock ending up in freefall if they choose to pull out (nobody in the non-US world, even outside the EU, will invest money in NEW Microsoft software... they trust would be shot to hell)

      Then come the shareholder lawsuits for ruinig the company.

      Ergo, not an option to pull out.

    2. Re:What if MS fights back? by 91degrees · · Score: 1

      If MS pulls out, then this means all existing computers will continue working as before. All applications from other companies will be adapted to work under Linspire or MacOS, and corporations will gradually shift over to those. All businesses in the US that do a substantial portion of their business with the EU will be forced to switch over to whatever becomes standard in Europe, because it is impossible for Europe to adapt to US needs. MS loses its monopoly. Another company gains a monopoly. Microsoft is relegated to several chapters in business studies textbooks about not destroying a company in order to piss off a government.

  105. Re:Nothing for you to see here. Please move along. by dynamo · · Score: 1

    It seems pretty obvious to that MS is composed of a bunch of incompetents, they not only can't get stuff done on time, but they can't get stuff done with any useable measure of security.

    But being an idiot does not make it not your fault. And if you are also being an ass, you deserve any punishment you get.

  106. Re:Raise the price of Windows in Europe by l3v1 · · Score: 1

    Lets say a company like Dodge (auto company) had a monopolistic influence over the auto industry (they dont .. but lets just pretend)

    Well, it all depends... make that Bentley and I'm all for it :)) What I mean is, in some cases, monopoly can eventually be good. Well, not in this case, that's for sure.

    --
    I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
  107. Re:EU hates Microsoft? by Anonymous Coward · · Score: 0

    And lots of government agencies use AS/400s or similar. Just because a cop knows what keystrokes to hit to perform a license query doesn't mean that they know how to configure and administer a miniframe/mainframe system anymore than they would be able to figure out any aspect of this "Linux" thing. To them, it's a kiosk running some law enforcement data entry software. The underlying OS and architecture is 100% irrelevant.

  108. Re:Nothing for you to see here. Please move along. by man_of_mr_e · · Score: 1

    While such a move would certainly hurt Microsoft a great deal. Think of the repercussions. Microsoft employs how many people in the EU? How many companies make money off of MS software? MS pulling out could cause a massive drop in the value of the Euro from all the side effects.

    I don't think the EU can just ignore that.

  109. There's no need for the source code! by lbbros · · Score: 1

    All it's needed are specifications. Nothing more.

    --
    A CC-licensed illustrated horror novel
  110. Just a nit by lurker4hire · · Score: 1

    A corporation isn't legally obligated to do what's "best" for their shareholders, it's legally obligated to do what it's corporate charter sets out. Now most corporate charter's say something like "maximize profits" etc, but that isn't a legal requirement, witness Google's corporate charter and rather unique share model (basically the share's you can buy for whatever crazy amount they're selling for now don't really have much voting power, the founders kept the powerful shares to themselves).

    But yes, MS isn't google, so MS shareholders would probably have grounds for litigation if the board did something so stupid to piss 1B/year of their (the shareholders) money away for no good reason.

    l4h

  111. And how is any of that MS's problem? by Sycraft-fu · · Score: 1

    You want games? Convince game companies it's worth their while to port. Perhaps design a sweet cross platform API and IDE that knocks the socks off of Visual Studio. Also convince people who use Linux that software needs to cost money, so that the sales are there. However when you lack a slick toolkit and the sales aren't there, don't be supprised if the games aren't either.

    Drivers? Well this is 100% a Linux problem. MS could open up whatever they want and it wouldn't matter, driver ABIs are specificed by the OS. The #1 step to getting more drivers would be to stabalise the ABI and allow binary compatability. For good or ill, company want closed drivers. If you don't give them what they want, they may just blow you off.

    MP3 player? Pay the license, just like every one else. MP3 is licensed via MPEG-LA, is a Reasonable And Non-Discriminitory license (meaning it's shall-issue to anyone with money and always the same price) and doesn't prevent source distributions. For a patent license it is a one time fee of $50,000 for an unlimited amount of decoders. For license + the right to use reference code, $60,000.

    So basically, the main problems I see Linux having these days, are self-made. An MP3 deocder has nothing to do with MS at all. MS chose to pay the decoder fee, they've integrated it with Windows. However nobody in the Linux community seems interested in setting up something to get the money to pay out. The free as in speech ideology because free as in guy sleeping on my couch. With MP3 (unlike DVD) they aren't saying you can't do source distribution, on the contrary, source only distribution like LAME don't even need a license, they are just saying if you want to build it in to a working decoder or encoder, they want their money.

    The only issue that could possibly be solved by MS being forced to change or open something is if they opened up the entire Win32 and DirectX code, perhaps a perfect Windows emulation layer could be developed. Of course one would have to ask how good an idea that is, seeing as you get all the bad with the good (spyware would run just fine now). All the other major issues? Well they aren't MS issues, they are Linux issues. Linux could get a stable ABI and could start working with driver makers to get a huge repository of Linux drivers. Linux distros could choose to pay license fees for things like MP3 and MPEG-4 and include players legally. Games could be ported to Linux if there were an easy, cross platform development tool that supplanted Visual Studio.

    Really, I think most people need to stop wringing their hands about MS and just start worring about making their product better. Forget trying to make a clone of Windows, make a product that's much better than Windows and people will use it. Even as it stands now, it's not like Linux isn't finding widespread use, even if most of it is servers.

  112. Re:Nothing for you to see here. Please move along. by foreverdisillusioned · · Score: 3, Interesting

    Sure, while it would seriously promote alternate OSes in EU, could the EU stand to have the carpet pulled out from under them in this manner considering how entrenched MS is in the world of computing..?

    The EU would stand just fine. There would be a lot of grumbling from big business, to be sure, but within a year I guarantee you that they will develop Euro-Linux which would in time completely flatten MS on both sides of the pond. Remember, EU countries tend to have very high tax rates and are extremely protectionist--if MS really wants to play hard ball, I have a feeling Europe will do just fine. Transitioning will be a bit rough, but I'm sure that piracy will help a lot--in such a situation, I'm sure that EU authorities won't be in any big hurry to crack down on MS software piracy.

    Microsoft may be a big, bad, successful company with a mighty war chest, but that doesn't mean they can take on an entire continent. Take a look at Ubuntu's latest release and tell me with a straight face that XP/2000 is really soooooo much better for business or personal use (other than heavy gaming.) It's easier to install than XP, and more stuff "just works" out of the box than on XP! (at least it does on all 5 of my machines)

    Microsoft's biggest asset is momentum, and if they tried to strongarm the EU they'd be flushing that asset right down the toilet. Personally, I'm really really hoping that they try it.

  113. the EU hasn't given MS enough tyme? by falconwolf · · Score: 1

    the EU have been draging this out making it imposiable for MS to settle it.. i don't like alot of MS's pratices but here i am for them.. the EU is being very dirty.. and at this point i wish MS would just pull out and let them roll in the mud

    The EU has given MS more than enough tyme! It has been more than a year and if MS can't meet the requirements lain out in that tyme there is something seriously wrong with MS. Especially when most of what they had to do was make available the APIs or whatever to allow interoperability.

    Falcon
  114. Re:Nothing for you to see here. Please move along. by HermanAB · · Score: 2, Funny

    Wow, MS pull out of half the world market? What have you been drinking? However, the fines are unlikely to start before Duke Vista Forever ships.

    --
    Oh well, what the hell...
  115. Re:Nothing for you to see here. Please move along. by eWarz · · Score: 1

    I don't think you are seeing the bigger picture here. If Microsoft completely...COMPLETELY pulled out of the EU, quite a bit of damage would be done. They could for instance, disable access to MSN messenger from anyone located within the EU. They could also disable windows updates and critical updates. The first time someone finds a hole in some microsoft software and there is no patch, something bad will happen. They could also even post an update that stops microsoft products from working, or similar malice should they choose to do so.

  116. Shove it by Bizzeh · · Score: 0, Redundant

    i hope microsoft tell the EU to shove their "easy money" sceme, thats all the EU want, microsoft's money.

    i dont see why windows cant bundle WMP or IE, yet its ok for every linux dist to bundle a media player, and a browser.

    microsoft have already opened up documents for everything the EU wanted, the EU are just getting greedy and forcing microsoft to give up more.

    1. Re:Shove it by Eric+Bishop · · Score: 2, Funny

      You really shouldn't get all your information about this topic from Microsoft's P.R.-departement.

    2. Re:Shove it by WilliamSChips · · Score: 1

      Name me one Linux distribution with a desktop monopoly who is using their desktop monopoly to gain a monopoly in the market for media players and browsers. And Microsoft didn't open up a single document. They opened up NDA-infested code designed to be specifically useless.

      --
      Please, for the good of Humanity, vote Obama.
    3. Re:Shove it by CCFreak2K · · Score: 1

      i dont see why windows cant bundle WMP or IE

      Because Microsoft is using Windows as leverage to force said products into their respective markets. Granted, WITHOUT IE, you'd have to go get another browser from somewhere else. It's very complicated.

      --
      "Beware of he who would deny you access to information, for in his heart he dreams himself your master."
    4. Re:Shove it by Anonymous Coward · · Score: 0

      Yes, using a CD is an only-expert job

    5. Re:Shove it by 91degrees · · Score: 3, Insightful

      i hope microsoft tell the EU to shove their "easy money" sceme, thats all the EU want, microsoft's money.

      So, what you're suggesting is that the judge in this case has looked at the EU's budget, decided, say that the French tourist industry could do with a subsidy, and fined Microsoft so he could pay for it. Or do you think the council of ministers ordered the court to make this ruling? Government organisations don't work like that. The EU does not think with one mind. We're not the borg!

      i dont see why windows cant bundle WMP or IE, yet its ok for every linux dist to bundle a media player, and a browser.

      Because Microsoft have effective control of the market.

      microsoft have already opened up documents for everything the EU wanted, the EU are just getting greedy and forcing microsoft to give up more.

      Good. About time too. Everything should have been documented a long time ago.

    6. Re:Shove it by z3ronl · · Score: 1

      If that CD had internet explorer on it what would be the difference then?

    7. Re:Shove it by 99BottlesOfBeerInMyF · · Score: 1

      Granted, WITHOUT IE, you'd have to go get another browser from somewhere else. It's very complicated.

      Not really. MS is prohibited from bundling IE. Dell, Gateway, Lenovo, etc. can put anything they want on the machines they ship. Further, MS can also include IE, provided they also include every other browser that requests it, on equal footing.

  117. The problem is where do you stop? by Sycraft-fu · · Score: 2, Informative

    People want enriched OSes. They do not want an OS that is specified only as a kernel, with everything optional. To them an OS is a UI, and a web browser and so on. Linux isn't the Linux kernel, it's that + the shell tools + X + Gnome + Firefox and so on. Windows is hardly unique in specifying an OS in an enriched context. MacOS is the same way, as is Solaris.

    Now the other side of this is that programs depend on the services the OS provides. They don't reinvent the wheel all the time, they use what's there. In the case of Media Player, you lose ALL media playback if you remove it, as happens in Windows XP N. The thing is the guts of Media Player aren't in the exe file, you can delete that if you want and it'll stop working, but media playback stays. You can replace it with Media Player Classic (OSS project) if you like. The actual guts are DirectShow, MS's media layer for Windows. Remove that and games can't play their cutscenes, pro audio plugins stop working (well DX ones at any rate), etc. Installing Quicktime or Real doesn't fix this. Why? They aren't media player replacements, never have been. They just play their own media, they can't actually provide media services to the OS and it's software. Quicktime does this on a Mac, but not on Windows.

    That's the reason that these sort of things aren't uninstallable. Because removing them breaks shit, and they don't need the complaints. I mean at the ultimate level you don't actually NEED the Win32 subsystem. Windows 2k/XP are modular, you can add APIs to them. They actually ship with simple POSIX and OS/2 APIs (turned off). You could, with sufficient hacking, remove Win32 as well and use a different API. Of course since ALL the software is written on it, it would all stop functioning. Explorer, services, logon, etc. It would cease to be Windows in any meaningful capacity, other than the kernel.

    I can fully support MS not wanting to remove parts of their OS that other programs use. To allow for the removal is just to invite a shitstorm for tech support. You'd have millions of people who either on their own volition or because of bad geek advice would decide they "Don't need all this MS crap" and would remove it. Then they'd scream at MS when their software failed to work.

    1. Re:The problem is where do you stop? by voice_of_all_reason · · Score: 1

      Now the other side of this is that programs depend on the services the OS provides. They don't reinvent the wheel all the time, they use what's there. In the case of Media Player, you lose ALL media playback if you remove it, as happens in Windows XP N. The thing is the guts of Media Player aren't in the exe file, you can delete that if you want and it'll stop working, but media playback stays

      I've already gone that far, guess I should've been more specific.

      What I'd really like is a way to stop Windows from continually re-registering file extentions to WMP on a random basis, each time starting the install program, which is only one-click if I remember, no options or cancel button short of unplugging the machine. And regardless of how I change IE options, it does the same thing whenever I go to a page with an embedded .wmv or .asf.

      Sure, it's their perogative to make an OS that not only keeps WMP on the system despite most users' best efforts (for their own good) and continually harangues them to repent if they say otherwise, but it's also my perogative to start pulling out guts until I get the thing running the way I like.

      And of course, if I ever accidentally let Windows Update run itself, it will immediately conclude that WMP is broken and reinstall it.

    2. Re:The problem is where do you stop? by Sycraft-fu · · Score: 1

      Not really sure I can help you as I've never seen a copy do that. On my system, video extensions are the property of WMPlayer, audio of Winamp. Neither ever steals the other one unless I instruct them to. You just go to the File Types tab and un select those it shouldn't play. This is using XP and WMP10. You can also instruct windows to simply disallow access to WMP and use an alternate media player.

    3. Re:The problem is where do you stop? by jkrise · · Score: 1

      To them an OS is a UI, and a web browser and so on. Linux isn't the Linux kernel, it's that + the shell tools + X + Gnome + Firefox and so on.

      Even assuming the definition above is correct, in the case of (The Linux Kernel + Shell Tools + X + Gnome + Firefox) if I subtract something, say, Firefox... the whole OS doesn't break. Windows is indeed Defective By Design. It's Microsoft's approach that has resulted in the All Our Bundle Or Nothing Else Stable situation to the customers. And that's precisely what the EU would like MS to open up - the interfaces.

      --
      If you keep throwing chairs, one day you'll break windows....
  118. Fight back against what? by Anonymous Coward · · Score: 0

    They knew what the terms where and didn't keep to them - fighting back would be awfully childish and tarnish their PR at a time when it doesn't need it. Secondly, although Americans wouldn't think it, Europe is a damn big market, possibly even bigger than the US of A. Yes, it's made up of seperate entities but together we're an economic force to be reckoned with.

    Posted as AC because I do occasional contract work for MS

  119. If I was MS.. by electronerdz · · Score: 1

    I would just stop selling in Europe. Pull it all out. There would be quite a few people who wouldn't know what to do. They'd change their tune real quick. And just so you know, I am in no way a Microsoft supporter, I am all for Linux. This could help Linux.

    --
    Kernel Krunch - Part of a Complete OS
    1. Re:If I was MS.. by Anonymous Coward · · Score: 0

      Not going to happen. Nobody on the global market would trust Microsoft after that, all NEW contracts would just freeze up. And I've written before, then MSFT stock would go crashing down and then come the shareholder lawsuits for ruining the company.

    2. Re:If I was MS.. by Jerry+Rivers · · Score: 1

      Yeah nobody would trust MS alright, and least of all the shareholders. Pulling out of an economy the size of Europe is just about the most ill-considered idea I have seen offered on /. in a long time.

      --
      The pursuit of absolute tolerance leads to the most rigorous and ludicrous intolerance. - REX MURPHY
    3. Re:If I was MS.. by Handover+Phist · · Score: 2, Insightful

      If Microsoft stopped selling in Europe that would leave a fairly large area of fertile brain in which competitive software can grow, and I dont think the brains at MSFT are so stupid as to miss that fact. That's one reason, and a very good one, that MSFT will pay the fines and get Vista [N] versions out the door ASAP.

    4. Re:If I was MS.. by PigIronBob · · Score: 1

      Or do what you do best to those that don't agree with you... bomb them

      --
      You never catch me alive
  120. Re:Oh MEINE GOTT! At that rate.. by Anonymous Coward · · Score: 0

    666 years huh... it's a wonder that number came up, isn't it?

  121. Re:Tale of a Gnome by TrancePhreak · · Score: 1

    +1 creative writing.

    --

    -]Phreak Out[-
  122. Which source was that...? by JayDot · · Score: 3, Insightful

    Where might I find the information indicating that it was due to the "Bush Administration", as opposed to life-long government workers that keep their jobs even when the President swaps out? If the directive came from a Bush-insider, or at least a Bush appointee, then your insinuation has some theoretical founding. If, however, the lack of strong punishment was directed by a long-term bureaucrat, or a Clinton appointee, then I suggest that criticism should be placed on those actually responsible.



    I don't mind a good critique, it's unfounded accusations I can't stand.

    --
    Meh, a real sig would take too long, and I have an MMORPG to play with....
    1. Re:Which source was that...? by Anonymous Coward · · Score: 0

      The talk of punishment for Microsoft radically changed as soon as Bush-appointed Atty. Gen. John Ashcroft took up his position.

      Christ, I swear everyone has the attention span of a goldfish anymore!

    2. Re:Which source was that...? by StormReaver · · Score: 3, Interesting

      "Where might I find the information indicating that it was due to the "Bush Administration", as opposed to life-long government workers that keep their jobs even when the President swaps out?"

      I can't point you to the interview source, but Bush indicated in his first campaign, during a Press interview, that he believed the anti-trust suit against Microsoft should never have been brought. When he got elected, he then appointed an anti-trust chief who went on record saying he didn't believe in anti-trust. This same chief then resigned the position just days after his department essentially dismissed the case against Microsoft.

      It's not a smoking gun, but Bush's fingerprints are all over the crime scene.

    3. Re:Which source was that...? by Anonymous Coward · · Score: 0

      Christ, I swear everyone has the attention span of a goldfish anymore!

      And obviously the grammar skills of goldfish as well :)

  123. Re:Nothing for you to see here. Please move along. by malkavian · · Score: 5, Insightful

    But showing that they were prepared to scupper their own customer base due to spite would stop ANY business that had continuity plans from EVER using Microsoft products again. Simply because you couldn't trust them.
    It would kill the company overnight.
    Pulling out of Europe would also mean anyone that does a lot of business with Europe (read China, India, and many other places that don't rely solely on the US) would need compatibility with Europe too.. Which means they'd be introduced to non-MS products.
    With Europe + rest of world (bar US, most likely) using non-MS products rather quickly, the US would soon find that to do business with the rest of the world, it'd have to be compliant with the non-MS standard that had arisen behind the world wide economy.
    Which would loosen the grip of MS in the US, eventually making it irrelevant.
    So, in other words, they could choose spite, and kill their whole company in a couple of years (while leaving a lot of pain in the wake for a short amount of time), or they can toe the line, open their API, and do what the EU asks, and then have to compete on innovation with the rest of the world. Which, with the brains in the MS research labs, I reckon they've got a good shot at doing. Like IBM, they'll be around for decades to come, but without the massive monopoly they have now.
    If I were running the company, I know which option I'd choose.

  124. To all the people... by Phil+John · · Score: 3, Informative

    To all the people smoking crack and spouting that Microsoft should pull out of Europe - as a whole we're the largest economy in the world (see European Union on WikiPedia).

    Here's a choice tidbit for anyone too lazy to click:

    If considered a single unit, the European Union has the largest economy in the world with a GDP of 12,427,413 million USD (2005)

    --
    I am NaN
    1. Re:To all the people... by Cheeze · · Score: 1, Insightful

      Well, Largest economy?

      You can't really compare a union of countries with a single country. Why not compare the EU to all of North America (Mexico, USA, and Canada)?

      --
      Why read the article when I can just make up a snap judgement?
    2. Re:To all the people... by Cheeze · · Score: 1

      I found some data:

      http://en.wikipedia.org/wiki/List_of_North_America n_countries_by_GDP_PPP

      North America GDP: $14,859,957
      EU GDP: 12,427,413

      --
      Why read the article when I can just make up a snap judgement?
    3. Re:To all the people... by Alsee · · Score: 0, Troll

      Oh god... don't tell me I'm the first person to notice the irony that he cited the figure in US Dollars.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:To all the people... by simgod · · Score: 2, Insightful

      Do you (USA, Mexico, Canada) have a common Parliament?

    5. Re:To all the people... by edxwelch · · Score: 2, Informative

      Depends on what metric you use. The US beats the EU hands down in terms of national debt ;)

    6. Re:To all the people... by Anonymous Coward · · Score: 0

      Yes. It's not like Canada's or Mexico's politicians get any say in what happens. :)

  125. Re:Nothing for you to see here. Please move along. by TheLinuxSRC · · Score: 2, Insightful

    Actually, I think I am seeing the bigger picture. If MS were to do such a thing as deny updates to their insecure products, do you think the EU would hesitate for one second to allow (if they didnt set them up themselves) independent (from MS) update servers? As far as disabling existing installations, that would be pretty ballsy even for MS. MS would incur the wrath of the WTO at a minimum; not to mention there are already (illegal) patches to bypass Windows authentication et al. In fact, should MS go that far, I believe that the EU would find a way to put all MS software into the public domain (in the EU) and even provide the patches to bypass any and all authentication. That is the worst scenario for MS; rather than just losing business in the EU, they have essentially removed any value at all from their own software. Who is going to pay for any kind of license from MS when it is perfectly legal to download and install a public domain version?

    This is all very hypothetical of course because the chances of MS pulling out of the EU (and a substantial part of their bottom line) are pretty close to zero. Not to mention, should MS attempt any of the "coups" that you mention, that pretty much puts the last nail in the coffin with regard to *ever* returning to the EU to do business.

  126. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 2, Insightful

    however MS cannot stop existing installations from working

    You obviously haven't been reading the posts about Windows Update and WGA; they can, I suspect, break most anything they want.

    people would not forget the way they were shunned by MS while MS was trying to make a point

    Oh yes they can; unforunately, many people have a horrifyingly short memory for things.

  127. pirated software by falconwolf · · Score: 1

    "We hereby rescind the licenses for all Microsoft products currently in use in those countries that are members of the EU retroactively to February 29th, 2004. Additionally, all Microsoft software currently on retail shelves throughout the EU, are now considered pirated software. Furthermore, based on our records, we will immediately begin to file lawsuits against the millions of people who have now been illegally using our software for the past two years."

    Then someone can turn around and accuse MS of selling pirated software and/or demand their money back.

    Falcon
  128. Re:Nothing for you to see here. Please move along. by Mister+Whirly · · Score: 1

    "Take a look at Ubuntu's latest release and tell me with a straight face that XP/2000 is really soooooo much better for business or personal use (other than heavy gaming.) It's easier to install than XP, and more stuff "just works" out of the box than on XP! (at least it does on all 5 of my machines)"

    None of that really matters to the consumer market. Until Ubuntu has the advertising budget that MS does, the flocks of sheep will continue to use Windows. Just like voting - people often vote for the candidate who they recognize the name of, not the best candidate.

    --
    "But this one goes to 11!"
  129. Re:I Think the EU is Wrong Here by JesseMcDonald · · Score: 1
    Ask everybody here and he will say to you that antitrust laws are good.

    Here's one who disagrees (after a fair amount formal and informal of study). The only justifiable use of anti-trust laws is to regulate government-created monopolies (the telcos, for example). They created that mess, it's only right that they should clean it up. For private, unsubsidized organizations, however, even potential competition is sufficient to avoid "market failure" over the long term. Sure, a few billion dollars in cash reserves can hold real competition off for a fair amount of time, even without the government's assistance, but those reserves must eventually be exhausted. In the meantime consumers benefit from the below-cost pricing and other marketing incentives. Besides bribing the government for increased regulation (raising the long-term legal and financial barriers to entry for the market), all of the efforts of the incumbent organization to hold off competition can only serve to gradually undermine the incumbent's position.

    Take, for example, the practice of "dumping" a product on the market (selling it below cost to make competition unprofitable). This requires existing cash reserves, and it loses the company money over time (and is thus unsustainably over the long term). Additionally, a smart startup would use the opportunity to buy its competitor's products below cost, selling them at a profit once the incumbent's reserves are expended. Far from destroying the competition, the "monopoly's" efforts can serve only to ultimately strengthen their opponents position -- trading short-term monopoly gains for a long-term loss of market share. Similar principles apply to such "undesirable" monopoly practices as bundling, price-fixing, and horizontal and vertical market integration; none of these methods can save an inefficient company from competition in the end, and they can all be used by efficient producers (even monopolies) to the benefit of the consumers.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  130. It's peanuts for the EU. by Eric+Bishop · · Score: 1

    The budget of the EU is >1% of the GDP of all the EU countries. And the combined GDP of all EU countries is slightly larger than that of the USA. Please at least a bit of information about the world before posting in a public and internationl forum and making a fool of yourself.

    1. Re:It's peanuts for the EU. by night_flyer · · Score: 1

      You dont think the EU would like to spend an additonal 2.5 million dollars of free money a day?

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
  131. No wonder by Chris+whatever · · Score: 2, Insightful

    No wonder Bill gates wants to retire.

    With all these lawsuits about everything i would take mt meager 100 billions dollars and get myself an island and make my own dosadi experiment.

  132. Re:Nothing for you to see here. Please move along. by dragonsomnolent · · Score: 1

    How many different vendors of Windows is there, oh, just one? Can I check out the source code myself, no? oh, well, how about choosing my web browser at install time, no? my desktop? which calculator I want to use? clock, no, office suite, no, media player, no? How about my security app, can I choose which one I want to have at install time, no? So with Windows, I have to choose your desktop environment, your browser, your clock, your calculator, and can only install others after I use your browser to download it? Keep windows, I'll stick with Linux.

    --
    I got nuthin
  133. Slush! by Chyeld · · Score: 1

    Have you seen the delivery charges for getting Domino's Pizza over there, much less how much you have to tip to make sure it gets there warm? This is their pizza fund!

    1. Re:Slush! by 91degrees · · Score: 1

      Tips? I think you got the wrong continent there.

      And of course it's expensive. According to new EU rules, all Government pizza has to be made in Italy. Getting it to Brussles in 30 minutes isn't easy.

    2. Re:Slush! by Carewolf · · Score: 1

      If they ask you for tip, then they have recognized you as an american and you are truly fucked!

      Here is tip: Never tip people! ;)

  134. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 0

    If Microsoft completely...COMPLETELY pulled out of the EU

    We could all pirate Windows and there'd be noone to complain?

  135. And the money should go by bilgebag · · Score: 1

    to all those embattled European software companies whose fabulous operating systems and really whizzo word processors and spreadsheets have been viciously kept down by the evil Microsoft. Hmm.

    As a European tax-payer, do I get any of this windfall?

    1. Re:And the money should go by Anonymous Coward · · Score: 0

      In fact, you do: it's called a growing economy.

  136. Re:Nothing for you to see here. Please move along. by LuminaireX · · Score: 3, Insightful
    That's exactly why you don't want to kick the dog in the teeth.

    These days most corporations have large divisions in Europe, or interact with counterparts in europe. If EU was forced to switch to anything but MS, large parts of the outside world would also.

    is a bit of a misnomer, because large corporations with divisions in Europe likely have access to MS products elsewhere - the original theory was that MS wouldn't sell products in Europe, not use them. Besides, just because a European business can't go down the street to pick up a copy of XP doesn't mean they can't get it - this is the Internet, dude. As far as switching to anything but MS, it's not as simple as that. The cost of researching alternatives that work for your business, tearing down existing infrastructure, replacing it with new infrastructure, and testing it extensively until it works is exponentially exorbitant the larger your company is. Not to mention that your average employee in a large corporation is a complete idiot when it comes to computers, and more resources would have to be spent retraining them. Businesses could switch, or they could pay extra to import software from elsewhere. The cost of doing business would go up, but if the cause was MS pulling out of Europe as a direct result of the EU imposing a fine, who are they really going to resent?

    This is really a case of who blinks first.
  137. Re:Tale of a Gnome by Anonymous Coward · · Score: 1, Insightful

    Your analogy is completely wrong, because it ignores a very important point in this: interoperability.

    You assume that each "wand" is self-sufficient and does not have to interact with other wands, from other suppliers. You assume that all wands do the same thing and are interchangeable. You assume that there are no people trying to get their wands (from different suppliers) to work together.

    You also assume that everyone else is happy with Microsoft's behaviour. They're not. You assume the EU's intention is to steal money. It's not -- I wouldn't consider asking for documentation to allow competitors to work with Microsoft products as "blackmail", especially considering that Microsoft is a "de facto" monopoly.

    So, please:
    - RTFA
    - get the facts straight
    - choose an appropriate analogy

    Telling a nice story which is a lie is still telling a lie. Maybe there should be some trolls in your tale.

  138. Re:Nothing for you to see here. Please move along. by ClubStew · · Score: 1

    Perhaps that would be the case, or perhaps people would simply recognize what many have already said - that the EU (much like other government throughout the world) don't have their peoples' best interests in mind. Seriously, regarding Media Player: if people know about alternatives they should likely know they can install them without problem; if they don't know about alternatives, well now they have an OS with a media player installed. To expect Microsoft to ship other players is absurd. Partnerships are between companies, not enforce (but perhaps prevented) by governments.

  139. EU Nuclear Option #1: Ignore Copyright by spun · · Score: 2, Insightful

    So MS pulls out of the EU market. This is a government we are talking about. You know, the ones who make and enforce copyrights? They would be free to rule that, as a punishment, Microsoft's copyrights are no longer valid in the EU.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  140. Re:Nothing for you to see here. Please move along. by unoengborg · · Score: 4, Interesting

    Sure they could do all that, but that would tell the governments in the rest of the world that Microsoft really can't be trusted. Governmnets in many parts of the world are allready leaning towards Open Source to make sure that they can stay in control of their information structure. Microsoft doing something like this would be the final proof that these governments were right.

    Once governments leave the windows business, large government contractors and their subcontractors will follow. This would hurt Microsoft much more than it would hurt EU. To EU it would mean one or two years with a lot of hazzle, while applications was wineified, ported to e.g. Linux, or replaced with software running on MacOS-X, To Microsoft it would mean the end of their dominance on the desktop world wide. In turn that would also mean that they would lose their grip on hardware venders, nobody is prepared to lose a big market like Europe just to ship products that only runs windows.

    So, we can be quite sure that Microsoft will either pay their fines, or comply. There is really nothing to worry about.

    --
    God is REAL! Unless explicitly declared INTEGER
  141. XBox by Anonymous Coward · · Score: 0

    I would say Microsoft doesn't *like* to throw away a billion dollars a year on fines, but it certainly wouldn't put them out of business.

    A billion dollars is about how much Microsoft spent every year on the XBox venture. If Microsoft was willing to pay a billion dollars last year to buy out the video game market, they certainly won't mind paying it next year as their tax for getting to freely continue committing illegal anticompetitive actions in the EU.

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

      There comes a point where, if a company decides to simply pay the fine as a cost of doing business, the government can point at them and say "Look! They're wilfully not complying with this court order! Time to bump up the fine a bit!"

      So Microsoft can't rely upon the fact that the fine is significantly less than the money they pull in. If they do, they'll find themselves having to pay more, and more, and more, just to stay in the EU market. At some point, they'll either have to comply, or they'll have to pull out of the EU.

      This assumes, of course, that the EU has the guts to see it through to the end. But no, I can't see Microsoft just rolling over and paying the fine. They'll be fighting hard to get the fine rulings overturned (which I can't see happening), and when that fails, they'll eventually turn over the documentation that the EU wants. Pulling out of the EU is not an option for them; it would open up a gaping hole in their monopoly, and the US (and other markets) would quickly disappear for them.

  142. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 0

    Yeah, I hope they do withdraw all their products. I am sure open source can fill the vacuum.THen MS$ would have no say in standards either, Yes!

  143. Sure it would... by Savage-Rabbit · · Score: 1

    Would this be Slashdot if we didn't?

    This place would still be Slashdot, it just wouldn't be any fun at all without the conspiracy theories.

    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
  144. Re:I Think the EU is Wrong Here by madcow_bg · · Score: 1
    The only justifiable use of anti-trust laws is to regulate government-created monopolies (the telcos, for example).

    True, but there are laws that regulate the prices of these types of monopolies. You'd better count them as owned by the government.

    They created that mess, it's only right that they should clean it up. For private, unsubsidized organizations, however, even potential competition is sufficient to avoid "market failure" over the long term. Sure, a few billion dollars in cash reserves can hold real competition off for a fair amount of time, even without the government's assistance, but those reserves must eventually be exhausted. In the meantime consumers benefit from the below-cost pricing and other marketing incentives. Besides bribing the government for increased regulation (raising the long-term legal and financial barriers to entry for the market), all of the efforts of the incumbent organization to hold off competition can only serve to gradually undermine the incumbent's position.

    I beg to differ... Actually, how do you think these kinds of monopolies come into existance? If you think about big businesses, you'll see that they have a lot of advantages over the small ones:

    1st, advertisment is cheaper. MUCH cheaper.

    2nd, they can dump prices for a substantial amount of time.

    3rd, the government is usually afraid of big businesses going bankrupt (unemployment and so on), therefore in case of emergency they can call for support. It is not illegal or something, that is policy.

    Take, for example, the practice of "dumping" a product on the market (selling it below cost to make competition unprofitable). This requires existing cash reserves, and it loses the company money over time (and is thus unsustainably over the long term). Additionally, a smart startup would use the opportunity to buy its competitor's products below cost, selling them at a profit once the incumbent's reserves are expended. Far from destroying the competition, the "monopoly's" efforts can serve only to ultimately strengthen their opponents position -- trading short-term monopoly gains for a long-term loss of market share. Similar principles apply to such "undesirable" monopoly practices as bundling, price-fixing, and horizontal and vertical market integration; none of these methods can save an inefficient company from competition in the end, and they can all be used by efficient producers (even monopolies) to the benefit of the consumers.

    Monopolies try to preserve their state. That is natural. Everybody tries to do it. If left on their own, they can do it forever, because they have the money, therefore they have the power. And yet again, these kings of tactics hurt everyone but the competitor. They are illegal for monopolies, because the monopolies have the strength needed to lock the market. That is why the government have to intervene, not because it is "fair".

    In a free country you are entitled to do everything that is not forbidden. There are thouhts put behind antitrust laws. If that is forbidden,do not underestimate the man that proposed the law. Take for example MS. They have a competition on search engines and browsers. If you allow them to "disable" Firefox and effectively prohibit Google.com, how can somebody call that unfair? What is fair? But it is anticompetitive. They are a monopoly. It is abuse of power, they are EXPLICITLY not allowed to do that. They must be punished. Being a monopoly is not the crime, nor is the tries to monopolize another marker. HOW YOU DO IT IS WHAT MATTERS!!!

    Just show me a way to prevent MS from doing what I told you, that doesn't boil to one thing: they must not use their power for leverage on another marker.

    There are many illegal activities of companies being prosecuted: for example - bundling for monopolies, FUD (if it can be proven), all kinds of deceipt, CEOs making profit from their company in the stock market (aren't ENRON executives in trial?). For all I know laws are passed so people can live better. If that is achieved through business, so be it. But, in the end, it is the PEOPLE that matter.

  145. Re:Raise the price of Windows in Europe by illumin8 · · Score: 1

    Lets say a company like Dodge (auto company) had a monopolistic influence over the auto industry (they dont .. but lets just pretend) and they tell all of the auto manufacturers that they will provide the Hemi engine FOR FREE to all of them. Now, because of their monopolistic presence, all of the companies dump EVERY OTHER engine manufacturer because of a) their name, and b) the free price ... then you would see LOTS of people and lots of states getting ready to sue Dodge.

    Actually, that's a bad example, because just being a monopoly in and of itself is not illegal. Now, in your example, if Dodge made all other auto parts incompatible with their engine and used their monopoly to force all car owners to buy Dodge auto parts, this would be illegal, and a much closer analogy to the current MS case.

    --
    "When the president does it, that means it's not illegal." - Richard M. Nixon
  146. Re:Nothing for you to see here. Please move along. by DesireCampbell · · Score: 2, Insightful

    How many different vendors of Windows is there, oh, just one?
    Um, contrasted with the many Mac vendors?

    Can I check out the source code myself, no?
    Can I check the Mac source code?

    how about choosing my web browser at install time, no?
    I assume Safari's still default too.

    my desktop? which calculator I want to use? clock, no, office suite, no, media player, no?
    OSX, OSX, OSX, OSX, OSX.

    How about my security app, can I choose which one I want to have at install time, no?
    Can I do that with a Mac? Can I? I really don't know? Can I? I'm fairly sure I can't, but I'd be glad to admit OSX allows me to pick from several different security applications during the install.

    Keep windows, I'll stick with Linux.
    And there's my main point. All these regulations are put in place, supposedly, to help the average customer. That's what all the laws used are meant to do. But these restrictions on Microsoft aren't helping anyone except competing companies. And while that could be beneficial to the average customer, it just doesn't seem to work out that way. Take Firefox, for example, it's better than IE (not that much better, but better.), is advertised on thousands of websites, works on all platforms, easy to use, and is free - but still hovers around 10% of the market share. If I put a bucket of apples on the sidewalk with a 'take one' sign, Id get better penetration that 10%.
    Except for playing games, there's absolutely no reason for people to use anything Microsoft. Ever. That said, there's still millions of people using Windows for more than playing games. Why? It doesn't matter 'why?'. In a capitalist society the 'why' means nothing. It's the 'does' that matters. If you say that Linux is a viable alternative to windows for the average user, you're naive.
    The average user doesn't know, and doesn't care about Linux. They don't want to compile their own source code. They don't want to be bothered with choosing every little piece of software. They just want that blinkin' box to show them the boobies and the spreadsheets. They want their OS to operate exactly as their used to. Have you ever tried to get an average user to mount a CD in Linux? To the average user having functional applications built in is beneficial. I can't imagine the complaints that Best Buy gets when someone brings home Windows-N and finds out they can't get on the Internet. "What do you mean I have to get my own brassiere? .. Don't correct me punk..."
    I can't believe anyone, anyone, can say 'un-bundling IE and Media Player from Windows is beneficial to the average consumer' with a straight face.

    Litigating Microsoft is something that should be done - but for the extortion and the theft - not bundling fucking media player. Fuck.

    --
    Whoo, signature!
    DesireCampbell.com
  147. It's worse than that... by Anonymous Coward · · Score: 0

    Microsoft is causing trouble faster than the courts even TRY to deal with it. The whole anti-trust thing in the US has come full circle by now, and similar issues have been raised in Korea etc. Meanwhile, the courts in each country drag their heals, ignoring what has happened around the world.

  148. Meaning This? by Kaenneth · · Score: 1
    1. Re:Meaning This? by Ash-Fox · · Score: 1
      Haha, this is hilarious (off amazon):
      • Windows XP Professional N (without Media Player) costs £269.99
      • Windows XP Professional with Service Pack 2 costs £245.99
      --
      Change is certain; progress is not obligatory.
  149. Re:Nothing for you to see here. Please move along. by joystickgenie · · Score: 0, Troll

    I think this shows the business world that the EU can't be trusted.

      If the EU is just going to use this type of strong arm tactic every time they want something changed in Windows then there really isn't a point to doing business there. It reminds me of a mob movie, you either pay their protection money (opening up the source code and unbundling media player) or bad things will happen to you (2.5 mill a day in fines). It ends up being a choice between loosing control over your own business or loosing a market for that business.

    I don't feel that pulling out of the EU is a good idea or even possible at the moment but if the EU continues to use this type of tactic, eventually it might be the right move.

  150. What is this free form bullshit? by Darkman,+Walkin+Dude · · Score: 1

    Interestingly, and more fundamentally, Microsoft's assets exist only and precisely because sovereigns grant them...and their rights can be quashed within the EU as a matter of implicit state power

    What sovereigns? First of all the Magna Carta was an English document that pertained only to England, not Europe as a whole (the UK is about 10% of the population of the EU), and second of all the Magna Carta has been almost entirely revoked, several times in fact.

    What you are really trying to say is that if a company is in flagrant violation of the directives of sovereign governments, those governments can apply such sanctions as they see fit. If the company refuses to pay fines, company assets can be siezed in lieu of payment. Exactly like anywhere else in the world, including the united states. I have no idea where you are getting this "royalty owns everything, not like in the US" idea. Model of law they are working under, my arse.

    1. Re:What is this free form bullshit? by Carewolf · · Score: 1

      He is giving examples of when those ideas appeared on world scene. Even if Magna Carta only applied to England and is mostly revoked. The ideas it introduced are still governing us all.

    2. Re:What is this free form bullshit? by debrain · · Score: 2, Informative

      What sovereigns? First of all the Magna Carta was an English document that pertained only to England, not Europe as a whole (the UK is about 10% of the population of the EU), and second of all the Magna Carta has been almost entirely revoked, several times in fact.

      Let me suggest a definition:

      vis-a-vis (n)
                1. a person or thing having the same function or characteristics as another

      Hence: Magna Carta is a historical example of cessation of absolute authority, and while perhaps the origin of vested rights in modern society, certainly not the current authority for it (which would typically be a constitutional writ, but not always).

      What you are really trying to say is that if a company is in flagrant violation of the directives of sovereign governments, those governments can apply such sanctions as they see fit. If the company refuses to pay fines, company assets can be siezed in lieu of payment. Exactly like anywhere else in the world, including the united states. I have no idea where you are getting this "royalty owns everything, not like in the US" idea. Model of law they are working under, my arse.

      You are confused about what I am saying. See, e.g. definition:

      Sovereign (n):
                2. Independent of, and unlimited by, any other; possessing, or entitled to, original authority or jurisdiction; as, a sovereign state; a sovereign discretion.

      You are confusing this with Sovereign meaning royalty.

      As well, it is incorrect and presumptuous to say that every country has the same regulatory authority for seizure in lieu of arrears.

    3. Re:What is this free form bullshit? by Anonymous Coward · · Score: 0

      Why are people like Darkman let out?

      I know the American education system produces morons, but why advertise the fact?

  151. Re:Nothing for you to see here. Please move along. by DesireCampbell · · Score: 1

    Sounds like a good plan, until people complain that these things aren't bundled with the install and they have to go online after buying the damn disc (just like I did for Steam :) ). It's a no-win situation. Microsoft either gets critisised for having shitty products, or federally investigated for having good ones.

    --
    Whoo, signature!
    DesireCampbell.com
  152. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 0

    Microsoft being classified as a monopoly means they are treated differently, that is simply the way it is. Monopoly on desktops + using that monopoly to gain a foothold in other markets (in this case we are discussing media players, and web browsers, though the EU deal here is certain network APIs used for server lock in.) via bundling = abusive monopoly.

    Apple is not a monopoly, therefore is treated differently, and as such is not breaking any laws in this area.

    the nebulous cloud termed "Linux" may not be valid for most users, though Linspire might be an alternative for some.

  153. Re:Oh MEINE GOTT! At that rate.. by Darkman,+Walkin+Dude · · Score: 1

    Yeah but nobody is trying to wipe out MS. That would cause a whole lot of trouble. This is merely a punitive action. And if MS doesn't play with the other kids, it will go to 4 million a day, and 8 million a day, until they finally realise who pwns who.

  154. Re:Nothing for you to see here. Please move along. by pyros · · Score: 2, Insightful

    Microsoft is the mafia boss running the protection racket, the OEM vendors are the shop owners, and the EU is the FBI coming in to tell Microsoft to just not set fire to business who don't buy into the 'insurance' plan. To be fair, I can see the point you're trying to make, but Microsoft would have had to have been playing fair and not abusing a monopoly position for them to be the shop owners paying protection money to EU mafia.

  155. Euromillions II by bazorg · · Score: 3, Funny

    The european commission should have a draw every week to pick the fiscal number of a lucky european who would be entitled to keep 1 day of Microsoft fines.

  156. Re:Nothing for you to see here. Please move along. by mvdwege · · Score: 1
    what would prevent MS from basically thumbing their nose at EU, and saying fine, we'll just withdraw all new products from you market...and if things got worse, just plain stop supporting the products currently out there in EU.

    Short answer: Wall Street.

    Expanding a bit, MS can't just throw away that revenue from their EU sales. It will cause their stock to tank, killing their employee incentive schemes, wiping away their market cap, and making their cash reserves shrink away. It will cause a shareholder revolt and the forced resignation of the Board of Directors and possibly all C-level officers.

    A multinational corporation of MS' size just can't gamble on revenue loss. Heck, most major corporations are too afraid to gamble on innovative ideas that might cause a minor shrinkage in revenue, MS being no exception. And the EU revenue is more than a minor part of MS' operations.

    Mart
    --
    "I know I will be modded down for this": where's the option '-1, Asking for it'?
  157. Re:Raise the price of Windows in Europe by nuOpus · · Score: 1

    Ahhhhhh that is a good point and closer to the MS case.

  158. Re:I Think the EU is Wrong Here by I'm+Don+Giovanni · · Score: 1

    "I agree with some laws and disagree with others. There is no hypocrisy in that."

    The hypocrisy is that in one case, your side uses the "They broke the law" argument as used as a final, end of discussion tactic, yet fail to allow such a tactic when it comes to anti-piracy laws and the like.

    "If you have an argument as to why you think the antitrust laws being enforced are unethical, lets here it... "

    There are many problems with anti-trust law. For one thing, the European version outright sucks. In the US, the antitrust laws are meant to "protect the consumer" (by providing healthy environment for competition). Before a company can be punished, it must be shown that the *consumer* has been harmed, not just that a competitor has been. But in Europe, the antitrust laws are meant to "protect competitors", regardless of whether consumers have been hurt. Indeed, if punishing a company helps a competitor but actually hurts consumers, the EU will still go through with the punishment. That is stupid.

    The other problem with antitrust law is the ex-post-facto nature of it, whereby you can be accused of abusing your monopoly by actions that took place years before you were actually declared to have a monopoly. This means that before you're declared to have a monopoly in a certain market, you have to second-guess everything you do, for fear that a single person in a black robe *might* at some point in the future declare that you had a monopoly at some time in the past. You can't run a business that way, sorry.

    Lastly, the EC itself is screwed up, as they provide no due process when coming to their decisions. You're not allowed to face your accusers and secret evidence is employed (that you can't refute, what with the being "secret" and all). (The EC refuses to provide the documentation on why their "expert" has found that the provided documentation, 500 hours of free support, and the actual source code are insufficient,so Microsoft has no way to cross-examine the "expert" nor any guidance on how to address the "expert"'s problems.) The EC has no proper court proceedings, no nothing. Kafka would be proud. Once the decision is made, you can appeal to a real court, but by then, the damage has been done.

    --
    -- "I never gave these stories much credence." - HAL 9000
  159. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 0

    Europe would just install any recent varient of Linux that accomplishes 100% of the requirements of an operating system.

    MSFTs biggest issue now is that their entire OS business is built on the myth that nothing else will work. They can't afford for any mass market to become aware of Linux or for a single or multiple Linux distributions to achieve critical installed base (over a million regular users would do it).

  160. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 0

    I don't think they'll get called having a shitty product, just one you have to click a button and get. I also don't call simply bundling usefull tools a good product, a good product in my opinion would be one that works well, and efficiently. It would force them to compete on product merits, not on bundling skill which would improve the overall software climate if you ask me.

    Disclaimer: I use Gentoo which already does this. Next to nothing is bundled, I just type a command and it installs what I want.

  161. Re:Pull out of Europe? WTF? by SoCalEd · · Score: 1

    I hope you are being facetious and that my ironic-humor gene is acting up.

    According to MSFT's most recent 10-K filing with the SEC, they derive just over 32% of their $40 Billion (with a B) in revenue from outside the U.S. Split that between Europe and Asia (yes, I know that Australia, Africa and South America are populated continents as well, and that Canada isn't part of the U.S. -> blah blah blah) and you are talking about a $6 billion haircut to revenue.

    Yeah. I'm sure they are discussing that option right now....

    --
    Insert witty comment *here*. I'm fresh out of wit...
  162. Re:I Think the EU is Wrong Here by 99BottlesOfBeerInMyF · · Score: 1

    Here's one who disagrees (after a fair amount formal and informal of study).

    I think you might need to hit the books again on this issue.

    The only justifiable use of anti-trust laws is to regulate government-created monopolies (the telcos, for example). They created that mess, it's only right that they should clean it up. For private, unsubsidized organizations, however, even potential competition is sufficient to avoid "market failure" over the long term.

    I fundamentally disagree with this. Market models and historical examples show that this is just not true.

    Sure, a few billion dollars in cash reserves can hold real competition off for a fair amount of time, even without the government's assistance, but those reserves must eventually be exhausted.

    You're missing the point. Monopolies allow companies to gain money disproportionate to the amount of work they do. Unregulated, this applies to every market they abusively enter and allows them to extend one monopoly into many. They don't lose money by abusing a monopoly, they gain it.

    In the meantime consumers benefit from the below-cost pricing and other marketing incentives.

    You're talking about dumping, but dumping only lasts as long as there is a competitor and then moves on to price gouging to compensate while customers have no other options. You're assuming enough people will force them to use dumping over and over again, knowing that most of them will fail and go out of business, to deplete their monetary reserves. This is not the way business works and dumping is only one of many abuses.

    Besides bribing the government for increased regulation (raising the long-term legal and financial barriers to entry for the market), all of the efforts of the incumbent organization to hold off competition can only serve to gradually undermine the incumbent's position.

    MS bundled IE with Windows. Now they have two monopolies instead of one and it is very, very hard to attack them in the application space since they cut off the Web as a platform. The only reason anyone has any potential to do so is because of regulation. How has this weakened them in the long-term?

    Similar principles apply to such "undesirable" monopoly practices as bundling, price-fixing, and horizontal and vertical market integration; none of these methods can save an inefficient company from competition in the end, and they can all be used by efficient producers (even monopolies) to the benefit of the consumers.

    How do bundling and tying weaken a monopoly in the long term? They bring the monopoly additional monopolies to exploit and, sans regulation, guarantee growth into new markets and eventual domination of them until checked by another monopoly. Please explain how you think an unregulated monopoly using bundling and tying would weaken themselves over time due to unregulated market forces.

  163. Re:I Think the EU is Wrong Here by I'm+Don+Giovanni · · Score: 1

    Or, perhaps their is no "proper documentation" that would satisfy the EU. They don't *want* to be satisfied because they want their payday.

    Why does the EU refuse to say what's wrong with the documentation that's been provided so far? Documentation of APIs is an interactive process. An entity provides documentation, developers give feedback as to its shortcomings, the entity responds by updating the documentation accordingly, and so on. I've seen both Apple's and Microsoft's api documentation evolve over the years, as they're updated/corrected to make things clearer, in response to feedback from the devs.

    The EU refused to provide such feedback, so there's no clear way for Microsoft to know what the problem is.
    Here's what's happened so far:
    MS: Here's the documentation you asked for.
    EU: It sucks.
    MS: What's wrong with it?
    EU: That's for us to know and for you to find out.
    MS: Whatever... Here, we'll provide 500 free hours of tech support for any dev that doesn't understand the documentation.
    EU: Not good enough.
    MS: OK, we'll here's the source code too.
    EU: Not good enough.
    MS: If you tell us what's wrong with the original documentation, we'll address the problems.
    EU: Not good enough, prepare to be fined, suckers!!

    It's sad that slashdot, generally speaking, supports such government shakedowns. Be careful what you wish for; you think that the EU isn't salivating over Google's cash? Or Red Hat's? Or Apple's? Or that of any of the companies that you guys have wet dreams about? Once you open the door to government shakedowns with no clear way for the persecuted company to comply, you open the door for everyone.

    And why is WMP still an issue? Microsoft already complied with the WMP ruling, by providing XP N (which consumers soundly rejected). And Microsoft already settled its differences with Real, so why is the EU still pushing that issue? Oh, that's right, the chance to get fat off of levying hefty fines.

    --
    -- "I never gave these stories much credence." - HAL 9000
  164. Re:Nothing for you to see here. Please move along. by squiggleslash · · Score: 2, Insightful
    Microsoft's dominance, for the most part, comes from the network effect - that fact everyone else uses Windows means that everyone has to use Windows. (Has is a strong term, given the degree to which commoditization of standards has occurred over the last few years, but it's still pretty much the case)

    If Microsoft were to withdraw from the EU, the net effect would be that that network effect would disappear. As people are forced to use GNU/Linux and other alternatives, interoperability would be forced.

    There is practically no downside for the EU in Microsoft withdrawing. There is every downside for Microsoft. They cannot threaten this.

    --
    You are not alone. This is not normal. None of this is normal.
  165. Re:Tale of a Gnome by Ulrich+Hobelmann · · Score: 1

    Well, some facts:
      * either you choose to buy MS's stuff, or you don't
    I don't; I used Linux and several BSDs for a while, and own a Mac for a while now.
      * just because one system doesn't interoperate out of the box with another one, doesn't give anybody else the right to point a gun to their ears and force them. There's something called third-party tools, that can be used for instance to mount a Linux FS on Windows, or maybe to do the opposite. But if you don't like that MS doesn't open their NTFS or SMB, then just don't use it.
      * the EU's intention might not be to steal money (even though it steals money from its citizens to feed useless eurocrats), but it's only using the thread of a fine to blackmail MS to open up its information
      (you don't think it's blackmail? what is it then?)
      * it doesn't matter if HTTP, or Windows, or anything else is a de-facto monopoly. *Everybody* out there can use something else, and for those very few areas where there is no software for Unix/X11 or the Mac, it wouldn't be too hard to port a Windows program to use the other GUI or IPC/I/O libraries instead.

    I've used other OSes for quite a while without any problems, and if there were any serious demand for them, there *would* be software written for those systems. Just because people want to keep their Photoshop and Age of Empires doesn't mean there's no alternative.

  166. Re:Tale of a Gnome by Ulrich+Hobelmann · · Score: 1

    Argh, I meant "threat of a fine" of course, not thread.

    And to add something to the not-so-open NTFS & co: Windows has sockets, so it's perfectly possible to write something that uses the Windows API and the socket API to transfer just ANYTHING you like to a Unix or other system. No problems there at all. Some goes for disks: write *anything* to disk, and read it in on Unix again.

  167. Re:I Think the EU is Wrong Here by A+beautiful+mind · · Score: 1

    I don't see a moral dilemma with it.

    DMCA, copyright and patent laws are broken to some extent. Anti trust laws are only broken in that they should be harsher.

    There is no conflict here, most reasonable disinterested people oppose bad laws and mostly accept reasonable ones.

    Slashdot may be guilty of some groupthink, but I doubt that. There are simply too many different people here. That's a good thing, I'd hate to see everyone agree with me whole day, where would I go for a good discussion?

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  168. Re:Nothing for you to see here. Please move along. by foreverdisillusioned · · Score: 1

    Um, I think you missed the point. The driving force behind the switch wouldn't be advertising--it would be MS pulling out of Europe. I'm sure plenty of people and businesses would continue using outdated or pirated copies of Windows... at least at first. But very large corps and government would immediately turn to Linux or possibly Apple, the only legal options availible, and the people who had always simply used their preinstalled OEM copy of Windows would inevitably migrate to a preinstalled OEM copy of Linux.

  169. Re:I Think the EU is Wrong Here by Chris+Burke · · Score: 1

    I love it how The Slashdot GroupThink questions the validitiy and constitutionality of laws such as the DMCA, copyright laws, IP laws, etc., but when it comes down to anti-trust laws, there is NO debate, whatsoever, and people such as yourself continually just parrot "They broke the law! They broke the law!". Nice.

    I love how you frame your troll by pretending to not have ever engaged in debate on anti-trust law right here on slashdot yourself, you lame-ass liar.

    For the edification of those who aren't merely pretending to be ignorant of said debates, they have happened constantly and in particular in the years immediately after the start of the U.S. anti-trust case. From the anarcho-capitalist "libertarian" to the socialist Euro-geeks, both of whom had found an entertaining home on /., there was plenty of debate. In the end, other than the completely die-hard Laisse-Faire capitalists who believe the "invisible hand" will always fix everything eventually (even if it sucks a lot in the meantime), most people saw that monopolies were a broken corner case of capitalism, and if they began to abuse their unique position to damage the market for their own gain then they needed to be stopped.

    It all goes back to the very first post regarding the filing of the DOJ's case against MS, which began: "In a move that only surprised those who think monopolies are a good thing..."

    But what's funny is that we could debate forever on the validity of the DMCA or other IP laws, but that would have no impact on whether the poor slob convicted received their punishment. Only in the cases like Microsoft is avoiding paying levied fines even an option.

    --

    The enemies of Democracy are
  170. Re:Nothing for you to see here. Please move along. by ShinySteelRobot · · Score: 1

    OSX does not run on generic (aka non-Apple) i386 and there are too many machines in place already.

    But OS X *could* run on generic i386 hardware if Apple chose to remove the Apple-only hardware restrictions on OS X within the European market. If something happened that prevented MS from selling Windows in Europe, perhaps Apple would release an "open" version of OS X and try to fill the "Windows vacuum"?

    This would be especially useful if the rumored Windows binary compatibility layer within OS X 10.5 turns out to be more than just a rumor. Just a thought.

  171. The DOJ probably settled for a variety of reasons by Infonaut · · Score: 1

    If the directive came from a Bush-insider, or at least a Bush appointee, then your insinuation has some theoretical founding.

    Congresscritters wanted it.

    There have been allegations of White House involvement but nothing was ever proven.

    It is worth noting that the settlement came hard on the heels of the 9/11 attacks. The DOJ likely wanted to shift focus and get rid of a case that had been tying them down for years. Likely Ashcroft reasoned that if the American public perceived the DOJ as being hung up on a fight between software companies when they should be going after terrorists, he'd be strung up by his gonads.

    Granted, before 9/11 the Bush DOJ was already signalling that it was interested in a settlement. By many accounts, removal of the charges related to bundling killed any hope of nailing MS to the wall.

    --
    Read the EFF's Fair Use FAQ
  172. Microsoft pays tax to USA by tepples · · Score: 1
    Um, contrasted with the many Mac vendors?

    The Cocoa API is largely OpenStep, and yes there are multiple vendors of OpenStep implementations. So in many cases, a publisher can port an application written for the Mac OS X flavor of OpenStep to any other flavor (such as GNUstep) with little difficulty.

    Can I check the Mac source code?

    Darwin is free. What corresponding part of Microsoft Windows is free?

    I assume Safari's still default too.

    True, but unlike in KDE and Windows, Safari isn't also the file browser, meaning that one can in fact completely disable it.

    But these restrictions on Microsoft aren't helping anyone except competing companies.

    But the EU has an interest in making sure that EU tax euros go to software companies that pay tax back to EU member states, not to the United States of America and the State of Washington.

    1. Re:Microsoft pays tax to USA by DesireCampbell · · Score: 1
      But the EU has an interest in making sure that EU tax euros go to software companies that pay tax back to EU member states, not to the United States of America and the State of Washington.
      Uh, and that's makes it alright to misuse the law?


      --
      Whoo, signature!
      DesireCampbell.com
    2. Re:Microsoft pays tax to USA by Anonymous Coward · · Score: 0

      I believe you misunderstand the contention here. The media player/bundling thing is solved, nobody cares about that. The beef the EU has got is that they have ordered microsoft to divulge information about some of it's APIs which would allow othe software to interoperate in the server space.

      From TFA: "The US group was then fined 497m euros ($613m; £344m) and ordered it to change how it sells its Media Player software. Brussels also ordered Microsoft to provide rivals with enough information to develop software that could run as smoothly as its own on servers running Microsoft's Windows operating system."

      Microsoft made steps to provide this information by offering to license the source code which the commission rejected, and then by providing 10,000 pages or so of documentation, the commision said the documentation was not high enough quality to meet the terms of the order. I suspect they believe the documentation was convoluted or confusing (like reading source code as documentation), and basically thousands of pages of worthless information.

  173. Re:Nothing for you to see here. Please move along. by TheLinuxSRC · · Score: 4, Informative

    "It reminds me of a mob movie, you either pay their protection money (opening up the source code and unbundling media player) or bad things will happen to you (2.5 mill a day in fines)."

    No one has asked that MS open *ANY* source code. Please do not spread such FUD; or are you astroturfing? The reason I ask is that this is the *exact* argument MS has been known to use.

  174. Re:I Think the EU is Wrong Here by Tom · · Score: 2, Insightful

    I think the EU's reasoning on this issue is faulty, and I think it's an old-fashioned money grab.

    On the first: MS has (again) been convicted in a court case.

    On the second: Maybe, but then again so is speeding tickets and parking fines. When the crime doesn't warrant throwing someone in jail, or you can't because the "someone" is a corporation, then the only thing left is fines, because in the western world we abandoned the whip, cutting-off-of-fingers and other fun punishments a few centuries ago.

    --
    Assorted stuff I do sometimes: Lemuria.org
  175. Language barrier by tepples · · Score: 1
    The US may have the world's single biggest national economy (though not by far, depending on the metric you use) but compared to, say, Europe as a whole, it's not so much.

    But you have to provide separate localized versions for a dozen languages in Europe as opposed to just English for the United States and possibly French and Spanish if you want to expand into the northeast or southwest parts of the continent respectively. The number of people-per-language tends higher in North America than in Europe.

    1. Re:Language barrier by Anonymous+Brave+Guy · · Score: 1

      Sure, but once you've got an i18n-friendly architecture in your software, translation is a relatively cheap operation. I used to work on a program shipping in probably 10 different languages, and we never even noticed during development, it just added a few days to a release cycle while the translators did their thing.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  176. Re:Oh MEINE GOTT! At that rate.. by StormReaver · · Score: 1

    "oops, bad math, they can hold out for 666 years based on their market value, forever if you assume they get 4% interest."

    You probably forgot to include all of MS' operating costs in that estimate, especially employee salaries and wages. Throw in all the costs of running a huge corporation, and the number of years Microsoft can hold out goes down quite a bit. Add in the likelihood of the fines going way up if Microsoft continues to not comply, and Microsoft will eventually have to either comply or completely pull out of the EU. If the latter, throw in the loss of all of Microsoft's income (Windows + Office) from the EU, and the EU action becomes very significant.

    Then the final stroke: development houses around the world find a ripe market for their software on a non-MS system. With Windows no longer having a lock on big software titles, Microsoft's monopoly goes away. Without a monopoly to sustain it, Microsoft goes away.

    Microsoft's problem isn't JUST a daily fine. It's the domino effect that follows that would kill the company.

  177. is it just me, or is this pointless? by Anonymous Coward · · Score: 0

    I mean, it's not like the EU litigators have accomplished anything of measurable value in their legal pugilism, have they? They managed to require MS to produce a version of windows without Media Player, which nobody bought- presumably, that's a decent measure of nobody wanting it in the first place. Sure, the /. crowd loves to see big bad Microsoft taking its licks in court, but to what end? What is produced as a result of this process that is of measurable value?

    This time it's about 'interoperability specs'. Who wants to wager that these, too, will be a curiousity that nobody will want or use?

    Somehow, I don't think the courts are the place to get what we really want- unless what we really want is a tax on Microsoft, in the form of legal requirements that they produce products nobody wants, at their expense, and that they pay punitive fines in addition for their cheekiness in appealing, for good measure.

  178. Re:Nothing for you to see here. Please move along. by Tom · · Score: 1

    what would prevent MS from basically thumbing their nose at EU, and saying fine, we'll just withdraw all new products from you market

    Because the EU is the world's largest market, far surpassing the US or any other. Pulling out of the EU would mean losing a third or more of your revenue, and that's not something you can tell your investors.

    As a publicly traded company, even one with deep pockets, the resulting stock crash could wipe them out (there are ways to go bancrupt even with cash in the bank).

    --
    Assorted stuff I do sometimes: Lemuria.org
  179. Re:Tale of a Gnome by Anonymous Coward · · Score: 0

    There are a few things I must insist on.

    First, you keep claiming there are alternatives to Microsoft. Well, are there? I mean, if you replace all the systems in an entire institution, then sure. That requires that you have the authority to change the whole system. And what if you don't? What if you have to interact with other entities with Microsoft software? You seem to be assuming you wouldn't have to interact with Windows, ever. But Windows is everywhere, that is why MS's size is relevant in this.

    Simply put, the alternatives if you want to interact with undocumented Windows software are:
    - replace everything Microsoft
    - reverse-engineer and mimic (e.g. Samba): this is dangerous, esp. with software patents, copyrights etc.
    - write specialized software for Windows that will make it interact with the other ones (may not even be possible, because some of these things, like logons, are tightly integrated into the OS)

    Now, the problem with Microsoft being so big is that *there will always be MS systems* (until they go bankrupt anyway). You *cannot*, for one second, assume that you won't have to interact with Windows. And I don't mean sockets and all that, we're talking about higher-level things here: unified logons, accessing filesystems (especially NTFS), Folder and Document shares (which Samba, at the cost of dubious legality, is able to emulate). You can't just say "but we've got sockets!". It's got nothing to do with two machines being able to talk through a network; it has to do with a machine being able to access certain core functionality of an operating system which is essencial to businesses, and is not programable in Windows!

    And finally, once again, it is *not* extorsion! Governments have the obligation of protecting their citizens and companies, and the reasoning here is that Microsoft is abusing their main position in the market by not allowing anyone to interact with them, thus not allowing anyone to get a foothold in their market. The EU merely asks for documentation on how to interact with Windows, that's *it*. It has the right to ask for that if the courts believe that the monopolist is abusing its position by not revealing this, which just about everyone agrees! These fines are no more of an extorsion than fines for you parking in a forbidden space: your're doing something you shouldn't, so you get fined. Of course if they were to impose a 10 euro fine on MS it wouldn't be of much effect, now would it?

    Summing it up:
    - If nothing can interact with these features, then there are no alternatives if you have to communicate with Windows machines
    - The EU are just asking for documentation on unified login, NTFS, Windows Shares and the likes. No code. No secrets. Just docs.
    - MS is abusing their position by not allowing anyone in: as there is Windows everywhere, that becomes a problem.
    - MS *is*, by the economic definition in European common law, a monopoly, and there are specific laws that monopolies must follow
    - The EU, like any government, has the authority to fine for violation of laws. MS was found, by a court of Law, to be in violation. It must therefore pay. Just like you'd pay a parking ticket.

    I hope I made it clearer this time.

  180. Re:Nothing for you to see here. Please move along. by cayenne8 · · Score: 1
    "Because the EU is the world's largest market, far surpassing the US or any other."

    Hmm..can you back that up with some links? I'd think the US would be by far the largest market. Even other poster earlier in this thread stated from his sources that EU was part of the 32% of revenue that MS got from outside the US....so it is a % or 32% I think...

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  181. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 0

    "I say Linux because it is the most sensible alternative"

    Since when has sense had anything to do with this? In the end, mom and pop don't want to re-learn this. Even most kids in school don't want to re-learn another operating system, they just want something that works in a way they can relate to. If it came down to it in the short -> 5 year run and windows was out the door, it would definitely be Mac as the replacement. Little learning curve regardless of what's under hood, because their UI is far more intuitive. *NIX is still waddling behind in usability for the average joe and shows very slow progress into really changing it.

    Your best bet for *NIX is in Africa. What with the technological push to put laptops into their hands with stripped down *nix environments, that's a whole continent ready to mass the market in maybe 20-30 years.

  182. Re:Nothing for you to see here. Please move along. by GuyverDH · · Score: 1

    Solaris x86 is at least as mature as Linux.
    OpenSolaris with Ubuntu distribution on it - called NextentaOS is in alpha state and works quite well.

    --
    Who is general failure, and why is he reading my hard drive?
  183. Re:Nothing for you to see here. Please move along. by IllForgetMyNickSoonA · · Score: 2, Insightful

    Well, imagine - EU insisting that companies follow the laws, and is not afraid of showing some muscles to make sure they will.

    If anything, that's a reason to *join* the EU, not to pull out.

    What would you prefer the EU to do? To say "well, uh... OK, so... you're not playing by the rules, but we can't afford a fight, so.. OK, so be it."?

  184. Re:Nothing for you to see here. Please move along. by joystickgenie · · Score: 2, Informative

    From the article

    "Brussels also ordered Microsoft to provide rivals with enough information to develop software that could run as smoothly as its own on servers running Microsoft's Windows operating system."

    I believe the EU has asked for all the information necessary to emulate and reproduce windows networking code. so either Microsoft has to just give the source code of they have to write an all new document that explains every little thing that the networking code does and how it is executed (might as well be source code).

  185. Re:Nothing for you to see here. Please move along. by mOdQuArK! · · Score: 1
    I'm the same way, not a fan at all, but, I do wonder at what point, what would prevent MS from basically thumbing their nose at EU, and saying fine, we'll just withdraw all new products from you market...and if things got worse, just plain stop supporting the products currently out there in EU.

    That doesn't work with "intellectual property" products, since there's no practical way for Microsoft to stop the distribution of the product into the EU if the government(s) don't cooperate.

    If they (MS) tried to do something like removing all their product from the EU, the EU could simply declare anything produced by Microsoft to be in the "public domain", and a whole service industry would grow up over importing, supporting & customizing Microsoft products, without having to bother with any restrictions by Microsoft.

    Of course, this would be an utterly extreme course of action for both Microsoft & the EU government(s) (it would probably spark a trade war of some kind at the very least), but there is no way that companies whose business models depend on "intellectual property" can win if the host government(s) refuse to support their IP rights.

  186. I usually try to keep comments constructive but by notaprguy · · Score: 0, Flamebait

    in this case I'm going to lower my standards and say that EU should go screw itself. This is reason #1, 2 and 3 that the EU will never be able to compete effectively in the world economy - despite their wierd protectionist/subsidization policies (think Airbus). MSFT is not my darling but I truly believe they've bent over backwards to meet their wierd demands. I hope MSFT can find a way to find saner people in the EU to eventually overturn this stupid garbage. Respectfully, A normally Europe-loving democrat who is far from a fan-boy of big business

    1. Re:I usually try to keep comments constructive but by Anonymous Coward · · Score: 2, Interesting

      You don't know I supose that almost every large corporation in the us is subsidized from time to time (see Boeing) and that your agriculture is even more heavily subsidized than the French agriculture; US are mainly exporting subsidized grains, stolen oil, subsidized weapons and "good quality" software (see M$) and some movies. For example, who do you think is buying Chevrolet or Cadillac outside US? The answer is nobody. American astronauts are taken to the ISS by Russian rockets, you know why? You should know by now: reliability! I've been living in North America for a couple of years and I'm stunned by the poor quality of most of the products found here. To put an end to it, USA is probably the most protectionist economy in the developed world; if it would not be like this most of the large american companies would go bankrupt in no time due to competition.

      No time for a login and probably not worth either, too many fools on slashdot lately.

  187. Planned? by Shadyman · · Score: 1

    I think it's funny how Gates officially left not a week ago, and now this.. (I know, this has been in the works for a couple years now, but the timing is rather suspicious)

  188. The EU tax on Windows by syousef · · Score: 1

    No, it's $912,500,000 a year in fines. I would say Microsoft doesn't *like* to throw away a billion dollars a year on fines, but it certainly wouldn't put them out of business.

    This will come straight out of the consumer's pocket. Watch the price of Windows and Office go up. What's more Microsoft will not be able to apply increases only to EU customers as this would be too blatant. The EU just managed a far reaching tax on every person on the planet that buys a new Microsoft product in the next few years.

    Everyone here seems to be implying this is about putting a megacorp in its place. It's not. It's about greed, money and corruption that doesn't favour Microsoft.

    --
    These posts express my own personal views, not those of my employer
    1. Re:The EU tax on Windows by petermgreen · · Score: 1

      don't you think if MS thought they could make more money by selling windows/office at a higher price point they would be doing so already?

      --
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  189. Re:Nothing for you to see here. Please move along. by Space+cowboy · · Score: 1

    I think he means the EU as a potential market is higher than the US. The combined economies of the EU outweigh the US (the last figure I saw had the EU ~10% larger, but that was before we had more countries join the EU). It's probably on the order of 50% larger now.

    As far as MS revenue goes, the EU accounts for ~20% according to a business-week article I read a few weeks ago.

    Simon

    --
    Physicists get Hadrons!
  190. Re:Tale of a Gnome by Duhavid · · Score: 1

    You forgot to mention the part about the gnome making
    his wands such that if you couldnt use his wands and
    anyone else's wands.

    --
    emt 377 emt 4
  191. In that case, there is no need for states. Period. by TubeSteak · · Score: 1
    Many people are against monopolies, including myself. In fact I think monopolies are one of the few areas where state intervention is needed in the economy.
    You do realize "the state" is, in fact, an economic monopoly?

    And that, if you got rid of states, the market would "sort it out".

    Unfortunately, market competition sometimes leads towards a monopoly/oligopoly situation, as successful entities either gobble up failed competitors or buy out the less successful.

    This applies to both business & States
    --
    [Fuck Beta]
    o0t!
  192. Re:Nothing for you to see here. Please move along. by Anonymous Coward · · Score: 0

    If they were to give to source code, it would have to be well documentated to comply with the ruling, undocumented source code would not be very useful, unless the sole intention was to simply recompile it.

    All that is needed is full documentation of all the functions of their software and how to interact with it. Microsoft should already have this stuff in some form for their own programmers to refer to.

  193. what a joke by chemiosmurphy · · Score: 1

    I find this all too funny. Wonder who's OS the EU and affiliates use. MICROSOFT XP of course!!!! Who really cares if XP comes preloaded with a media player. Apple's OSX comes with one, and so does every other OS on the planet pretty much. If you want to use another app, just DL it. Itunes is just a click away. 2.5 million dollars a day, thats ridiculous. They're trying to get easy money. Screw them.

    1. Re:what a joke by IHC+Navistar · · Score: 1

      Screw the EU is right! $2.5M a day?! Microsoft should just give the finger to them and say "Make us!". Or they could threaten to re-arm the Italians and the Germans and see how they like it. The EU is the exact same thing as the UN: Just another beurocratic international conglomeration whose sole intentions are to litigate every other nation to death and profit from implementing international law by handing down massive penalties for simply (yes, simply) being a business. Monarchy DIDN'T work, so what makes an Oligarchy so damn special?

      I'd love to piss of the EU, just so I could take a leak on their 'judgements' and send them back. All this is is just another conglomeration of small countries trying to act like they are some kind of supersuperpower and 'all-knowing'. If you are going to act powerful, at least be (relatively) powerful.

      It wouldn't suprise me if that corrupt monkey Kofi Annan, his son, or one other of his political jockstraps had some part in this.

      -----

      Sig Sauer

      --
      Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
  194. WTO's Nuclear Option - Play Nice or Pay Pay Pay... by Anonymous Coward · · Score: 0

    Copyright laws are international, in terms that if the EU invalidated the MS copyrights than it would go to the WTO, not to mention the national back lash in america, with some poor european company loosing all of their copyrights. All in all we are talking abut Microsoft here, they will not pull out of europe, europe will fine them and they will pay. It is in microsoft's best interest to pay the fine and go about business as normal, especially in a charged environment of today.

    Microsoft has three options for europe, in effect, and my guess is that they will pay the fine or apeal it until Vista comes out:
    1 - Release a stripped down version of windows xp along side a full blown version.
    2 - Release 9 different version of vista (as apposed to the 7 provided in the US) with one called "Lite", than they can go to the court and say "there you go". Or release a more modular version of windows where the installed OS has no media player, and you (the user) may download it off the web through the update program or goto www.somefancyplayer.com and download your blend.
    3 - Incorporate other company's media players (and we all know how great Real Player is (one of the plaintiffs))

    I would reather see a windows distriubtion much like gentoo, where you just download/install/emerge/winmerge the programs you want instead of getting everything. You just fill in the questions of what you want and poof you got it. The problem with xp is that its old as hell and about to the replaced, and when they made it they followed the macosx platform and reduced the questions asked during the install to locality info and not so software-centric. Than again RealNetworks needs this, since the last time they were in the spot light was when they were the only good streaming codec around. Now you will be hard pressed to find a bloody rm file. I believe in the gentoo-linux model (even though i use suse, damn install times kill me (and where is this performance boost anyway?)) where you pick what you want.

    The nice part is that it doesn't have to be as 313373d as emerge is, go web-based with some funky flash app and than its easy to give users a choice. Than the question of the portal comes into effect, but that should be easier to win in court. Eitherway I highly doubt microsoft will further limit their market and drag their name through mud, and I further doubt that Europe would even give a rats ass much less break international copyright agreements just because microsoft took its toys and went home. Europe would risk senctions like no other through the WTO (got to love globilization), and microsoft would fore-go a huge chunk of money.

    Not to mention its just plain silly.

  195. Re:Nothing for you to see here. Please move along. by ChrisA90278 · · Score: 1

    Removing products from the WEU would be certain death for MS. Almost certainly there would be a big software industry in the EU that would compete world wide with MS. The new EU company could very well win most of Europe (duh) and China, India and so on, making MS at best. No, MS's best stategy would be to make an EU edition Windowswith a different internal interface and publish the specs to that. Because if they sold the same product in the US and EU and published the specs for the EU product that would allow competition in the US. I'll bet after the fine is imposed they will offer specs for an EU edition of Windows. But they will do everything they can to delay the fine only giving in after the EU finaly has to go in an freeze their European bank account and take the fine by force

  196. [sigh] complete and utter rubbish by Anonymous Coward · · Score: 0
    There are many problems with anti-trust law. For one thing, the European version outright sucks.

    Ah. I see. So because some random foreigner disagrees with what our laws are, we ought to let people break them ? I tell you what, STFU. Thankyou, that's a lot better.

    Some laws for you to ponder:

    • According to Kentucky state law, every person must take a bath at least once a year.
       
    • Atlanta makes it against the law to tie a giraffe to a telephone pole or street lamp.
       
    • Chicago law prohibits eating in a place that is on fire.
       
    • Frankfort, Kentucky, makes it against the law to shoot off a policeman's tie.
       
    • Idaho state law makes it illegal for a man to give his sweetheart a box of candy weighing less than fifty pounds
       
    • In Corning, Iowa, it's a misdemeanor for a man to ask his wife to ride in any motor vehicle
       
    • In Denver it is unlawful to lend your vacuum cleaner to your next-door neighbor
       
    • In Devon, Connecticut, it is unlawful to walk backwards after sunset
       
    • In Greene, New York, it is illegal to eat peanuts and walk backwards on the sidewalks when a concert is on
       
    • In Memphis, Tennessee, it is *still* illegal for a woman to drive a car unless there is a man either running or walking in front of it waving a red flag to warn approaching motorists and pedestrians
       
    • ...


    Now I personally think most of the above are complete nonsense, but hell, they're your laws and you've every right to them. Do us the same courtesy.

    It seems to me that having businesses die just because the (presumably richer, since it has a monopoly) company can manipulate public opinion more easily is a bad thing. It's an easier and more-specific task to demonstrate that a rival companies illegal actions have harmed oneself. So, consumers are protected indirectly by having more companies stick around - it sounds as though you're complaining that the bar for legal action is lower in the EU, if that's your complaint, take it and shove it.

    I'm no lawyer, and I have no clue whether EU antitrust law is ex-post-facto, but given that it's different (and that making it ex-post-facto sounds absurd) I doubt it is. Sounds like an USA problem to me...

    As for your last paragraph, it's just raving madness - the EU asked for specific things, MS did not provide them and tried to fob off the commission with something else. The EU employed an impartial expert to say "no, A is not the same as B". MS asked for the right to cross-examine, and the EU (rightly) told them to shove it - it was just more delaying tactics. Any fule know that A is not the same as B. All MS have to do is comply with the demands laid upon them. Simple.

    (Constantly amazed by US arrogance, and yet the US people I live and work with are nothing like this. Thank [insert deity] for that!)

  197. Re:WTO's Nuclear Option - Play Nice or Pay Pay Pay by spun · · Score: 2, Insightful

    Well, my point is that it won't escalate that far. It's like MAD, MS knows Europe has the doomsday device, EU knows MS has the doomsday device, they both just play nice. Copyright laws are not international, in that any country can invalidate any copyright it wants to, and the Berne convention just means you have to treat copyrights in a certain way. No copyright, no problem. National laws still trump the WTO, too. Sure, there are sanctions, but there were trade wars before the WTO, this is just more of the same. Last I checked, the WTO doesn't have a standing army to enforce its decisions. A big megacorp still can't trump a powerful government when said government gets its back up. But there are repurcussions, that's why I called it "EU's Nuclear Option"

    But you are right, likeliest scenario: MS pays and that's that.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  198. Re:Nothing for you to see here. Please move along. by IllForgetMyNickSoonA · · Score: 4, Informative

    No, it's the documentation of the interfaces and protocolls MS is supposed to publish (and keep up-to-date with further updates, of course), not the source code. Documentation, as somebody else pointed out, MS (hopefully) already has.

    Now, the source code is the implementation of those protocolls. If MS manages to supply the market with the best implementation, MS will keep the market. If not, it will lose it (or at least some parts of it) to the competition.

    On the other hand, if MS keeps their protocolls secret, changing them every now and then just so that the reverse engineering efforts of the competition get undermined, the quality of the implementation MS provides is largely of no importance, because there is no NEED for MS to improve it.

    I am sure you see in which of the above two cases the consumer is a winner, and in which the consumer is just a silent cash-cow, forced to update from time to time, and with no chance to ever come out of being dependent on one (and only one) company.

    Now again, what is your problem with the EU in this case?

  199. Re:Nothing for you to see here. Please move along. by TenLow · · Score: 1
    But if MS pulled out of the EU, the EU couldnt put MS software in the public domain. At least that's the way I understood the EULA's for every microsoft product I've read. If the EU did that, they'd have to face the legal wrath of MS.

    Now IANAL, but if the EU has the legal standing to force MS to do anything, MS has the exact same legal standing to make the EU do what it wants too. The only reason they're playing nice at this point is because they still want those customers.

    The way it looks to me is the EU is just mad they cant compete with microsoft products, so they want to force microsoft to give up it's secrets so they can make similar software. Also, why does nobody pay attention to the fact that quicktime is bundled with apple OS's? It's word for word the same issue with MS and WMP, but because MS is a higher profile target, they take all the flak.

  200. Revlevant Family Guy Reference ;-) by Alfarinn · · Score: 1

    After reading this article my thoughts wandered to Family Guy Season 5 Episode 11... go to 4:15 and imagine Dog = Microsoft and Stewie = EU ;-) For those who don't have it Dog owes Stewie some money, and when Dog says he needs more time to pay Stewie kicks the crap out of him, which is nice :-)

    1. Re:Revlevant Family Guy Reference ;-) by Alfarinn · · Score: 1

      ops, got the reference wrong as there's only 4 seasons, erm nevermind :S

  201. Re:hehehe by Anonymous Coward · · Score: 0

    what the fuck? admins, ban this twat

  202. Re:Nothing for you to see here. Please move along. by NoOneInParticular · · Score: 1

    And if content providers only provide WMF formatted content because they know that every (windows) user has that installed, the user is supposed to do what? Not use their computer? Microsoft was well underway to own the messenger for all electronic content, thereby owning our culture. Not bad that someone tries to stop that.

  203. You claim that translation is cheap. How is it? by tepples · · Score: 1
    translation is a relatively cheap operation.

    O rly? Even when it involves hiring a set of voice actors for each language version of a program? Not all programs can be localized just by replacing locale message files. And what about programs from startup developers, or does the publisher handle translations? How much does even a text-only translation cost, and what keywords would I use to research this information on Google?

    1. Re:You claim that translation is cheap. How is it? by Anonymous+Brave+Guy · · Score: 1

      OK, let's remember the context here. We're talking about the market size in the US compared to the market size in Europe. The question at hand is whether the costs of localisation make a significant impact on the profitability of going for the wider European market. And in particular, we're talking about Microsoft software.

      So, for a start, most of their stuff can be localised across Europe just by replacing text and basic formatting for dates, currencies, etc. Almost all European languages use similar conventions for their UI (e.g., left-to-right text). There may be a few odd messages among the accessibility stuff that need an audible translation, but not a lot in comparison.

      I don't know about the arrangements for hypothetical start-up developers and their publishers, but that's irrelevant to this conversation anyway.

      I also don't know about Google. I have written internationalised code, not written about having written it. But I do know that on the project I'm particularly thinking of, a release required the full-time efforts of a dev team of six for around six months plus support staff etc. The translation, in contrast, was done in a couple of days by an agency we subcontracted to. The amount we paid for it was so small that it didn't even register on the budget overviews I saw as a team leader, which means their day rate can't have been much more than we charged for a developer-day on T&M contracts.

      So yes, the mechanical translation work is very cheap in comparison to the development, and probably insignificant to Microsoft compared to the profitability of shipping to the additional European countries mentioned.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  204. Re:Nothing for you to see here. Please move along. by NoOneInParticular · · Score: 1

    Our (Dutch) windows clients/servers at work are on the same network, via VPN, and work together with the windows clients/servers from HQ in the US. How do you suppose this will interoperate when our EU boxes will use a different network protocol as their US brethren?

  205. Berne Convention by tepples · · Score: 1
    The various national governments could just legislate compulsory licences

    Which would possibly break the Berne Convention, getting the state kicked out of the WTO and unable to export its goods at affordable prices.

    1. Re:Berne Convention by zsau · · Score: 1

      Yeah, if the state's Zimbabwe. I think the stakes are a little different when we're talking about the EU...

      --
      Look out!
  206. Good show! Teach 'm who's boss here! by RokcetScientist · · Score: 0

    ...and Macs and Open Source are gaining more and more ground! Yeaah!

  207. Two words: Obj Dump. by tepples · · Score: 1
    Abolishing copyright would result in GPL software being integrated into closed source binary products...

    It would also involve heavily commented and documented disassemblies of those proprietary programs being traded on what used to be warez sites.

  208. Inadvertent duplication by tepples · · Score: 1
    but primarily because the barrier to duplicate things made it more desirable to create your own things and thus improve upon them in some way, or at the very least improve upon the process.

    Unless you try to create your own things but end up inadvertently duplicating someone else's things. This happens with independent reinvention in patent law and with subconscious copying (especially for music) in copyright law.

  209. Re:I Think the EU is Wrong Here by NineNine · · Score: 1

    Are you drunk? What did I "lie" about, exactly? When did I say that I never debated about anti-trust shit on slashdot?
     
    Besides, I really have never seen a MS "anti-trust" story in which more than a handful of brave individuals who invariable get modded down try to argue that "anti-monopoly" laws are wrong. Instead, the posts invariably ignore the fact that "anti-monopoly" laws are in fact, punishing a company for being too successful and earned their status, and instead are more like your post: people pointing their fingers at MS yelling "they broke the law!!".

    But what's funny is that we could debate forever on the validity of the DMCA or other IP laws, but that would have no impact on whether the poor slob convicted received their punishment. Only in the cases like Microsoft is avoiding paying levied fines even an option.

    Oh, what a crock of shit. Every time there's a story about somebody getting convicted of stealing software/music/whatever, the Slashdot Mind screams about how unfair their "punishment" is. Stealing software is not bad. Being too successful is bad. Wow. Buddy, you really shouldn't skip your meds...

  210. Re:Nothing for you to see here. Please move along. by petermgreen · · Score: 1

    But if MS pulled out of the EU, the EU couldnt put MS software in the public domain. At least that's the way I understood the EULA's for every microsoft product I've read. If the EU did that, they'd have to face the legal wrath of MS.
    it would probablly require a directive forcing changes to the laws of member states but there is no reason the EU couldn't do it.

    --
    note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  211. Grain of salt by grrowl · · Score: 1

    I'm still waiting for "The EU has begun fining Microsoft"... until then my doubt that they will do anything but threaten will remain.

  212. Re:I Think the EU is Wrong Here by JesseMcDonald · · Score: 1

    True, but there are laws that regulate the prices of these types of monopolies. You'd better count them as owned by the government.

    I don't really consider the telcos to be "owned" by the government, but I do consider their regulations to be part of the anti-trust laws (albiet a part that only applies to telcos).

    Actually, how do you think these kinds of monopolies come into existance? If you think about big businesses, you'll see that they have a lot of advantages over the small ones:

    1. Advertisment is cheaper. MUCH cheaper.
    2. They can dump prices for a substantial amount of time.
    3. The government is usually afraid of big businesses going bankrupt (unemployment and so on), therefore in case of emergency they can call for support. It is not illegal or something, that is policy.

    I believe that we are in agreement on the fact that incumbent monopolies have advantages not generally available to startups. I don't consider this to be a problem by itself; often these advantage work to the consumer's favor. For example, advertising is definitely cheaper when you don't have to out-market your competition. Cheaper advertising lowers the cost of selling the product, and may reduce prices as well (with an increased supply), depending on the specifics of the market. The transaction costs of dealing with a monopoly are often lower due to economies of scale. The point is: not all monopolies are bad for consumers; artificially creating competition where none naturally exists may make things worse rather than better.

    The point about dumping is true, but irrelevant. The practice of dumping is beneficial to consumers in the short term, and cannot harm long-term competition; the competitors, with their lower (and perhaps non-existant) costs, can wait out the incumbent for as long as it takes. Finally, I believe that I specifically stated that government-created artificial monopolies do have the properties you described. While the practice may not be illegal, that would include inefficient companies bailed out by the government. If a company chooses to accept the government's (i.e. the taxpayer's) funding, then it should be prepared to deal with the consequences (anti-trust regulations). Unsubsidized companies, however, should not be subject to the same constraints. (Incidently, why would the government declare something it wanted to do "illegal" in the first place?)

    Monopolies try to preserve their state. That is natural. Everybody tries to do it. If left on their own, they can do it forever, because they have the money, therefore they have the power. And yet again, these kings of tactics hurt everyone but the competitor. They are illegal for monopolies, because the monopolies have the strength needed to lock the market. That is why the government have to intervene, not because it is "fair".

    I agree with the first three sentences. I disagree on the point that monopolies can continue to exercise active anti-competitive influences indefinitely. Even if they can manage to retain their cash reserves, doing so will reduce their flexibility and raise their costs, making their target market even more attractive to (potential) competitors and increasing the costs of maintaining the monopoly -- a self-defeating cycle. I also find it ironic that you would have the government -- the ultimate monopoly power -- step in to eliminate its economic competition and take control of the market. Even assuming that this is not contradictory, I would still conclude that application of antitrust law to unsubsidized private organizations is both unjust and unjustified.

    For all I know laws are passed so people can live better. If that is achieved through business, so be it. But, in the end, it is the PEOPLE that matter.

    Laws are passed so that justice will be preserved; living better is onl

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  213. Re:Nothing for you to see here. Please move along. by aquowf · · Score: 1

    well, quite honestly, even though microsoft has all that extra money, why would they just refuse to do business with an entire continent? dropping a few million euros a day is absolutely nothing compared to the amount of money that they would loose if they simply dropped out of the market in europe. not only would that reduce the amount of sales for the company, it would increase the amount of competition from open sources and apple. These companies would develop in Europe and leak out into the rest of the world. Isnt business about getting rich?

  214. That's nice... by babbling · · Score: 1

    If Bill Gates puts his money into an ING Direct savings account, earning him 5.4% interest per annum, his daily income will exceed $5 million.

    I don't think he's too worried about going bankrupt at the moment, but I guess you should probably send him and email to make sure he's okay and has a place to stay tonight...

  215. Re:Nothing for you to see here. Please move along. by fufubag · · Score: 0, Troll

    ALERT!! ALERT!!!: This post has been re-named. "LINUX Fanboys jerk themselves to death over wet dream of Microsoft pulling their business out of the EU." Continent-wide worker sick-leave was at an all time high Wednesday, as sweaty-IT-nerds lay in bed writing new blog entries based on their fantasies of a Total linux takeover of the marketplace.

  216. My childhood best friend... by Super+Dave+Osbourne · · Score: 1

    I can't help but think that my buddy, best friend, closest pal since I was 6 months old (our parents played pairs bridge together) and now a long lost friend who is the lead compliance lawyer for Microsoft's anti trust cases in EU and America is crapping his pants now. Since he took the job 3 years ago, and has been unable to talk to me about work at all, I can patently blame his decision to work for the borg and M$ existance for my buddy becoming my long loved enemy. Just a note, likely off topic, but another very personal point as to why M$ should be fined regardless of their compliance efforts and failures. They destroy lives, loads of them.

  217. Re:Nothing for you to see here. Please move along. by mjwx · · Score: 1

    If MS pulled out of Europe, this could spiral to other markets causing a significant dent to MS's market share world wide.

    Losing Europe will make MS lose a significant chunk of users, more applications are developed for other OS's. Quiet a bit of software comes out of Europe.

    MS would lose all of its European recognition of IP and patents opening the floodgates to widespread piracy.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  218. Re:I Think the EU is Wrong Here by Anonymous Coward · · Score: 0

    Yeah, because that's _exactly_ what happened and why it happened. Stop selling your own point of view and grow up, child.

  219. M$ can apy the fines out of petty cash, almost. by Anonymous Coward · · Score: 0

    $2.5 milion per day is less than a billion dollars a year ($912.5 M), which is probably way less than M$ extorts, errr, rakes in from European sales each year. Given that their profit margin is usually over 80% (can we say extreme overpricing?) they'd still be ahead if they pay the fines.

  220. Naive by Anonymous Coward · · Score: 0

    Markets only work because of state interference. Markets only work because of regulation and legislation. They are not a free-for-all. Western capitalist countries do not work like the Sudan or the Afghan hinterland.

  221. Re:Nothing for you to see here. Please move along. by Tom · · Score: 1

    Hmm..can you back that up with some links? I'd think the US would be by far the largest market

    Can't you search Wikipedia on your own? Or read the 20 other comments who posted the appropriate links? For starters, the US has ~300 mio. potential customers. The EU has ~457 mio.

    --
    Assorted stuff I do sometimes: Lemuria.org
  222. Re:I Think the EU is Wrong Here by Anonymous Coward · · Score: 0
    Oh, what a crock of shit. Every time there's a story about somebody getting convicted of stealing software/music/whatever, the Slashdot Mind screams about how unfair their "punishment" is. Stealing software is not bad. Being too successful is bad. Wow. Buddy, you really shouldn't skip your meds...


    In case you haven't noticed: Every time slashdot reports on an anti-trust case, there are plenty of posts decrying how the company in question is being punished for "being too successful". These posts are then invariably followed by a debate on the justifications of anti-trust law. We have all seen the arguments ten times over.

  223. Re:Tale of a Gnome by Ulrich+Hobelmann · · Score: 1

    As I said, there are sockets, there is SQL, there is Java. You can easily extract whatever you want using proprietary MS APIs (the part that is open) and ship that information to other systems. You don't really need the SMB, NTFS or other hidden information. About unified logons: well I'm sure the information has to get into the Windows system at some point, probably via LDAP, or maybe it's stored in MS-SQL. Again: it should be easy to put the data in there with Java or something portable that connects to a Unix system. Maybe it's not perfect, but Windows isn't perfect (now if government *forces* MS to make their software more perfect, maybe that'll stop the whole switch-to-Unix thing, quite the opposite of what they want (or is it?)).

    Many organizations are actively using Windows, Linux, Solaris and Macs side by side (and many many more just Windows and some Unix).

    But even if it wasn't practical: there is still no moral argument for just blackmailing MS to do whatever you want them to. MS has lots of voluntary clients that invested in MS tools over the years, and they're happy (while other clients start switching, which is fine, and totally possible too).

    I don't see whom government is protecting, and from whom. Don't like their stuff? Just quit it. Just because *many more* people chose to buy MS than people chose to buy Macs, doesn't give government the right to start dictating that company. It's not like MS build up a bad monopoly. It's the other way round: so fucking many people *chose* to be MS clients, *despite* the alternatives that do exist. So there has to be some point in using MS stuff. Now just because the clients are so overwhelmingly many gives us the right to force MS to make its system more open? Why? The logical way to go would be to quit MS NOW if you don't like it and go to the competition, not to make MS more powerful.

    Sure, by the legal definition MS is bad and needs some good beating, but in the moral sense I clearly disagree. I haven't used MS stuff for quite a while. No problems. Just because so many people whine about how they'd like this or that feature in Windows doesn't give them the right to force it.

  224. Re:Tale of a Gnome by Ulrich+Hobelmann · · Score: 1

    Ok, so you're bound to the wand... your decision. Many people chose different wands, like myself. Just because so overwhelmingly many people *chose* the Gnome's wand doesn't mean that anyone can force him to put certain features in his wand or remove other features (that are standard features in other systems, like browsers or media players).

  225. mono-poly by N3wsByt3 · · Score: 1

    "Because, of course, whatever stance the courts take must be right?!"

    Certainly not, as I have said myself in an earlier post: http://politics.slashdot.org/comments.pl?sid=18771 6&cid=15486101

    Laws are not always right, and, in my opinion, shouldn't always be followed. However, I was talking about the rights of individuals, not companies (which should not enjoy the same protections as persons, in my opinion, because they are purely legal entities), and primarily when the law is not compatible with your own ethical value-system. Corporations usually do not have a value-system exept that of making profit, and in that case, they should agree to pay the fine, because retreating from the EU market would cost a lot more.

    In any case, the question whether or not it is *morally* right to halt their monopolistic behaviour is beyond the scope of this thread, and is highly subjective and arbitrary (obviously, you and MS would argue it isn't, but I and the EU commision and the courts of the EU, the USA, japan, etc. would argue it is). This is simply a case of a corporation who has to follow the rules of trade in the place where it does the trading - no higher humanistic ethical values come into play.

    "My stance is that you shouldn't be punished for success."

    That is a very nice stance, and I support it. However, it is completely irrelevant in this discussion, because companies are not being punished for their succes, nor even for being a monopoly, but for abusing their monopoly. Your own examples of Pepsi and Coke demonstrate this.

    "Also from http://answers.com/"

    Alas, whatever answers.com or the wikipedia says, legalese is always in a different language.

    In any case, the "produces (even at a reasonable price) all the output of a product or service because of technological superiority (called a natural monopoly), holds a patent on a product or process of production" comes closest to what is meant by a monopoly of MS (though one would have to be lenient to call it technologically superior, or to call it a reasonable price).

    As I'm not mistaken, the thresshold to call something a monopoly in the EU depends on the % of the market it has (in this case, of OS). I don't know the exact percentage, but I believe it's beyond 70% or 80%. Thus, any company having more then 80% of the market is considered a monopoly, because with such a share it effectively dominates the landscape of OSses. Since this is the case for MS, it is a monopoly. Which, I repeat, is not illegal on itself. If it tries to use that monopoly as a leverage to monopolise other markets, it does become illegal, however.

    I'm sure you find this system wrong and what not, but I happen to find it quite justified. Monopolies have *never* been to the benefit of innovation and consumers, thus a system should be in place to hold it in check.

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:mono-poly by Sunny7L · · Score: 1

      MS does not produce all of a product or service, nor are they superior, according to you.

      So, is iPod a monopoly in the EU? Is Google? Are they next on the hit list? This could have a "chilling effect" on technological innovation, when those at the forefront are continuously punished for success.

      I am not a MS advocate, this all just seems dirty to me. They built their OS and they build complimentary software to accompany it. Naturally their stuff works seamlessly on their stuff. They shouldn't be limited in what they want their OS to be, especially when those enhancements benefit consumers.

      Even if MS has a majority and you want your product to work on something consumers already have access to. It is still their product and you should consider yourself lucky, IMO. Otherwise, build your own OS.
      I know I would purchase an alternative, if the price was good. I don't own a Mac because their laptops were significantly higher to the PC/Windows versions. But I would have considered a laptop with say Linux preinstalled or any other functioning OS if it were easily obtainable. There's no reason MS should be practically the only option. That's the real disservice to consumers.

    2. Re:mono-poly by N3wsByt3 · · Score: 1

      "MS does not produce all of a product or service, nor are they superior, according to you."

      (?)

      No, I said one has to be lenient to call their products reasonably priced and technologically superior. This was meant as an aside-thought with the definition given by your example of answers.com.

      "So, is iPod a monopoly in the EU? Is Google? Are they next on the hit list?"

      If they get into a position of a monopoly and they abuse that monopoly to monopolise other markets, then yes, they should be next on the hitlist. I fail to see this as a counter-argument.

      "This could have a "chilling effect" on technological innovation, when those at the forefront are continuously punished for success."

      As said before, they are not punished for succes. It's not illegal to become a monopoly; you just can't abuse it to monopolise other markets. But I understand you completely fail to see the difference, and consider this as a punishement for succes. This is, because you are devoted to the anglo-saxon capitalistic view of the world, in which the market-principles are the only defining standard - even morally and ethically - in society. I refer you to http://politics.slashdot.org/comments.pl?sid=18966 2&threshold=1&commentsort=0&mode=thread&pid=156202 42#15620970 as to demonstrate that other premises are possible.

      --
      --- "To pee or not to pee, that is the question." ---
    3. Re:mono-poly by 99BottlesOfBeerInMyF · · Score: 1

      So, is iPod a monopoly in the EU? Is Google?

      With approximately 70% and 50% market share respectively the former is close and being investigated and the latter is nowhere near.

      Are they next on the hit list?

      Well, if they gain a monopoly and if they are shown to be abusing that monopoly via tying and bundling and they don't immediately stop. For example, should Apple gain a monopoly on portable music players, it would then be illegal for them to ship a copy of iTunes with every iPod unless they also included any competitors that asked as well. I'm not sure what actions of Google you could consider to be an illegal abuse, even were they declared to have a monopoly. Possibly the new Paypal competitor would count.

      Naturally their stuff works seamlessly on their stuff.

      There is nothing natural about it. They took open standards an intentionally broke them in secret ways so others would not work seamlessly with their products. It was deliberate and malicious and they knew it was illegal.

      They shouldn't be limited in what they want their OS to be, especially when those enhancements benefit consumers.

      Do tell, how does implementing exchange and AD instead of pop, imap, and LDAP benefit customers? They both provide the same functions but the former forces users of the desktop OS to use only MS's server, instead of having a choice of MS's or any other vendors. How does forcing users to have fewer choices benefit them?

      Even if MS has a majority and you want your product to work on something consumers already have access to. It is still their product and you should consider yourself lucky, IMO.

      Yeah, developers are lucky when MS obeys the law instead of breaking it.

      I know I would purchase an alternative, if the price was good... But I would have considered a laptop with say Linux preinstalled or any other functioning OS if it were easily obtainable.

      It isn't easily available because MS has a monopoly. Along with that monopoly come a lot of laws they must follow to insure the operation of the free market. If not for those laws, MS would not exist and IBM PCs would not have interoperated with Windows.

  226. Re:Nothing for you to see here. Please move along. by Duds · · Score: 1

    Except there would need to be a lot of unstable 3rd party drivers to get existing hardware working

    And then it would get attacked more by viruses and spyware.

    And then it would be windows anyway.

  227. Pull Out by Joebert · · Score: 1

    Don't be foolish Microsoft, pull out & force them to use somthing else.

    It just wasn't meant to be.

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
  228. Stupidity by nicolastheadept · · Score: 1

    I do agree with the order to open up sections of their software, I beleive that the whole media player part is incredibly stupid: 1. What's so wrong about them bundling WMP in the first place- people have the option to install another media player anyway 2. MS bundle other software onto Windows- Notepad, Wordpad, Outlook Express, IE (OK I wish they didn't put on the last one). Wouldn't MS bundling absolutly anything onto Windows be illegal in the eyes of the EU?

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    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  229. Re:Nothing for you to see here. Please move along. by HaydnH · · Score: 4, Interesting

    Scratch that. If I RTFA, I would know that that the warning which told them about fining them 2m Euro everyday was actually in December 2005. It was in relation to failing to comply with the 2004 ruling, but the fine was only mentioned in Dec '05.

    One thing the article didn't mention however is that the fine can be issued retrospectively, i.e: if they issue the fine today it would be back-payable to December '05!

    --
    Time is an illusion. Lunchtime doubly so. - Douglas Adams
  230. Re:Nothing for you to see here. Please move along. by HaydnH · · Score: 1

    "what would prevent MS from basically thumbing their nose at EU"

    The fact that it's the biggest market in the world perhaps?

    --
    Time is an illusion. Lunchtime doubly so. - Douglas Adams
  231. Re:I Think the EU is Wrong Here by Anonymous Coward · · Score: 0

    errr, I'm pretty sure the US courts don't consider the DMCA to be open for debate, if you are convicted of breaking its draconian restrictions, the judge will send you to jail. Similarly, the job of the court in this case is to rule on whether MSFT have infringed the law as it stands. Courts do not have the power to overrule the text of law, that would require legislation that the court is not empowered to enact.

  232. Re:Nothing for you to see here. Please move along. by Znork · · Score: 1

    "EU couldnt put MS software in the public domain."

    Copyright is a state-granted temporary monopoly. Saying it couln't revoke that monopoly right is like saying it couldnt pay out lower welfare benefits.

    I'll betcha they can.

  233. The Tail of a Gnome by N3wsByt3 · · Score: 1

    "Sure, by the legal definition MS is bad and needs some good beating, but in the moral sense I clearly disagree. I haven't used MS stuff for quite a while. No problems. Just because so many people whine about how they'd like this or that feature in Windows doesn't give them the right to force it."

    That's because your moral premise is completely different; you seem to uphold the premise that a company should be allowed to do whatever it wants - while I (and most of the rest of the world) are of the opinion they are to be hold to restrictions, just like any individual citizen is restricted by laws. Now, it is possible, as I have argued myself, that one should not always follow the law if there are moral objections, thus, when a law is totally incompatible with your own basic ethical value-system.

    However, I am left pondering what ethical-value system this might be in the case of a monopolist, and in how far this would be universal.

    Corporations only have one overwhelming value-system, and that is making as much profit as possible. This, I would argue, can not constitute an ethical justified objection to a restriction imposed by a law, unless one would argue this value-system trumps every other (ethical) value-system.

    Which is, in fact, often claimed within the context of the typical anglo-saxon capitalistic view on the world.

    It should be noted, however, that this is not a universally accepted premise, and many find there are other considereations and moral/ethical values, beyond that of profit-gathering. Basic protection of citizens - including in their status of consumers - and stimulating innovation in society are both ethical values, for instance, that can be used, aside profits. Since monopolies, as history demonstrates, are antithetical to both, one is fully justified to make adjustements based on those ethical values or argumentation, instead of yours.

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:The Tail of a Gnome by Ulrich+Hobelmann · · Score: 1

      Maybe you think individuals and corps should be restricted by pretty much arbitrary laws. I strongly differ.

      I think that both should do whatever they want, as long as they don't harm anybody. I.e. I can write whatever code I want, as long as I don't harm your property. MS can build and sell whatever they like, as long as they don't commit fraud, they don't steal, they don't blackmail anyone. And in fact all of MS's clients chose their clientship. I'm the existent proof that there is a completely open choice for everybody. I chose Linux, then BSD, now a Mac. That's why MS isn't evil, even if it sucks (IMHO a fair share of their software does).

      Market share doesn't matter at all, because there are the same choices, no matter if the market is 95% MS, 3% Linux and 2% Mac. It could just as well be 33% each. There's lots of software for any system. Imagine you have three machines in your home: Linux PC, Win PC, Mac. Now WHY in the world should there be a moral right to point a gun to MS's ears and force them to interoperate? It's *just another system*. Hate MS? Just don't fucking buy/use their stuff!

      BTW: nothing wrong with maximizing profit, as long as you don't commit crimes. IF you commit crimes, you're criminal. Quite simple rule, really. Selling something (as long as it's not fraudulent; and we all know that Windows has its problems, so there's no fraud) can't be a crime, morally. It can be criminal if government doesn't like it, but mostly government is run by corrupt freaks anyway. Regarding monopolies: there are quasi monopolies, which aren't harmful at all, like the MS one where I can freely choose alternatives. Legal monopolies (enforced by government guns) are harmful though, as they actively prohibit competition, such as the AT&T case, where dozens of phone providers were destroyed, or even the current heavy FCC regulation, which probably harms competition as well.

    2. Re:The Tail of a Gnome by N3wsByt3 · · Score: 1

      "Maybe you think individuals and corps should be restricted by pretty much arbitrary laws. I strongly differ."

      The "arbitrary" is too much in that sentence.

      Of course individuals and corps should be restricted; we've seen the result when people are not restricted (like with absolute monarchs and dictators) and where corps are not restricted (like during the ultra-capitalism of the 19th century).

      "I think that both should do whatever they want, as long as they don't harm anybody."

      Since I'm a libertarian myself, I sympathise with the sentiment. However, the more I have thought it over, the more I see that a society that runs completely and solely on hard-core libertarian principles isn't maintainable, at least not in all instances. It is exactly the problem of defining if and what harm is done to whome which needs laws. The much used libertarian stance of 'your rights stop where another ones' begins' is very compelling, but it doesn't really tell us where that ends and where that begins, and for that, we need laws. (When such actuions are taken in private, I would argue, as a libertarian, that no-one has any business with it - but the problem begins when you want to regulate behaviour which is public; given the fact that you must regulate SOME behaviour, it is ALWAYS going to be erbitrary to decide what is, and what is not to be regulated, and when, and why).

      "I.e. I can write whatever code I want, as long as I don't harm your property."

      Well, actually you can't, if you break their/my copyright or patents.

      "MS can build and sell whatever they like, as long as they don't commit fraud, they don't steal, they don't blackmail anyone."

      But why only for those 3 things? Isn't this also rather "arbitrary"?

      "And in fact all of MS's clients chose their clientship. I'm the existent proof that there is a completely open choice for everybody. I chose Linux, then BSD, now a Mac. That's why MS isn't evil, even if it sucks (IMHO a fair share of their software does)."

      Ah, and here we come to the crux of the difference of opinion. when I talk about choice, I mean *free* choice, that is, everything else should remain equal, exept for the choice itself. But does everything remains the same if, say, I choose Linux instead of windows? Heck no; compatibility^problems arise, 3th party software doesn't work on it (which you might actually need to run your business), games can't be played, etc.

      Now, I fully understand your argument; according to you this is 'tough luck, you chose for it', but I refute this, because it is not a true free choice: you are limited in your choice by the existing reality that you are severely limited when you chose something else. Saying anything where you can chose is a choice might be right in a literary way, but it can't derive any moral or ethical validation for it. For instance, if kids in 3th world countries prostitute themselves, is this a choice? According to your reasoning; yes, if they have chosen this 'work' instead of something else. I, however, would argue that they might do it out of poverty and they *need* the money to survive, and that being poor limits your choice, and thus, your choice is not any longer a true choice, since it lacks true freedom.

      Societies are rife with examples of choices which are not really free choices. when the chinese government says to a dissident that they will shoot dead his whole family if he continue his work - does that dissident have a choice to stop or to continue? again, in your reasoning; yes. and technically spoken, this is true: he could go on and get his family killed. In a more pragmatic sense, however, we all realise that these kinds of choices are not real choices at all; one is compelled by external factors to do something which one wouldn't do if they had truelly free choice.

      The same applies with an OS like windows. Even when I would want to get Linux (and since it's free, I wouldn't mind) one is compelled by external factors beyond my reach to actually make that choice.

      --
      --- "To pee or not to pee, that is the question." ---
    3. Re:The Tail of a Gnome by Ulrich+Hobelmann · · Score: 1

      "Arbitrary" laws means that anybody (a dictator, or 55% of the population) can set arbitrary laws. For instance, the federal US gov can basically institute new laws, even if they are against the constitution. If necessary, judges will be replaced first.

      A system founded on basic human and property rights can't be circumvented. There's a clearly defined right and wrong. Your "ultracapitalism" also included many bribes, I'm sure. Society was pretty much aristocrat back then, as it is again today in most countries.

      "doesn't really tell us where that ends and where that begins" -- you've got property rights for that. Don't burn my lawn, but you may burn your own lawn ;)

      Regarding patents: you think just because some armed government defends your idea, just because you published the idea first, gives you the moral right to keep me from using that idea too? That's quite totalitarian, IMHO.

      Fraud and theft violate property rights, or prevent honest agreements from happening. In the sense that it violates the principle that humans have equal rights, and stand on an equal footing, these crimes can't be tolerated. Everything else is basically not harmful, thus allowed.

      Regarding free choice: well, there is no right to have an OS that will play Unreal Tournament, so indeed: tough luck. Third World is different: there are mostly no property rights at all, so there's no capitalist system that will ensure that people won't starve. There's no infrastructure being built, no investment being done in farming etc. So if those countries had property rights, I think far less people would "choose" prostitution (indeed, as maybe the least bad choice they could make). And if the Chinese threaten to shoot you, there's clearly no choice, but force and violence involved. It violates your right to be left alone and intact.

      Checks and balances: the legal system should fix those, based on human and property rights.

      Choice: if Windows is really that bad, and if Linux needs more software so badly, then many people should write code for Linux and many clients should buy that code/software. And indeed that's happening all the time, and many people choose Linux (or Macs). Some people don't *like* the choice, but that's entirely their problem. There is no right to software that will do whatever you want.

    4. Re:The Tail of a Gnome by N3wsByt3 · · Score: 1

      "A system founded on basic human and property rights can't be circumvented."

      There is no system created by humans that can't be circumvented by humans.

      "There's a clearly defined right and wrong."

      I abhor systems that claim they clearly define right and wrong. Often, the 'clearniness' is due to oversimplification of real life, and ignores the many grey areas which ivariably happens when people interact with eachother. I am all for consistency of laws, mind you, but to claim one has a moral basis for judging any action is only valid as long as that moral premise is shared. Even the "universal rights" of people are prone to that.

      ""doesn't really tell us where that ends and where that begins" -- you've got property rights for that. Don't burn my lawn, but you may burn your own lawn ;)"

      No, you don't (always). This is what I mean by oversimplification. Say, you have 2 neigbours and the one has a tree which grows to such height, it sets the other neighbour in a permanent shadow, while *he* wants the sun. 'Property rights' is not a magical word that will automagically decide who is right and who isn't. The first can claim he has the right to grow whatever he wants in his garden, the second that he has the right to enjoy the sun on his property.

      Or the latter wants to give a party, while the first wants to have rest and quiet. Then one may claim: I have the right to play music as loud as I want, while the other may claim he has the right to have silence. Now, in our real-life world, this is handled by watching at what time, how late, how long and how hard the music was, etc. before the court will decide who is in his right. But the db of the music, is, again, being chosen rather arbitrarily - so who and how do you choose the parameters? What good does it do to say 'you have property rights for that' when those property rights have to be judged against eachother? They BOTH have propertyrights...so what? A decision still has to be made, and it's often made based on laws that are inherently subjective and arbitrary.

      And what if you burn your lawn, but the ashes are dispersed into the air, and all your neighbours are affected; should they not have a say in the matter, then?

      But let's say it is not a matter of property-rights. The problem with your kind of libertarian society is that it is unworkable when it has to handle the public space where humans interact. It has taken a while for me to realise this too. For instance, if you claim no laws are necessary exept property-laws and basic civil rights, then what do you do in a situation where some people would walk on the street naked and masturbating themselves? I mean, I know more pleasant things then waiting on the bus while beside me a guy spurts. Or when pedophiles go to watch kindergartens and jerk themselves off in front of the kids.

      But, seen in your vision, this is all possible without being punishable: after all, by jerking off they do not violate your civil rights and they do not harm your property, thus; morally or ethically it is ok, and it should not be punishable.

      Yet, let's us be honest: how many people would want to live in such a society? Even not the nudists, I presume.

      So, this shows how the idea of a totally libertarian state is unworkable in any real-life situation where people have to live with eachother. It is beautiful in theory, but it will never work as long as humans have human tendencies...much as with communism, in fact.

      "Regarding patents: you think just because some armed government defends your idea, just because you published the idea first, gives you the moral right to keep me from using that idea too? That's quite totalitarian, IMHO."

      IMHO too. But the same company that you claim should be left alone by the state to do as it pleases, can only do so because of those IP-monopolies that it was granted by the state in the first place. Abolish all IP-rights, including copyright and patents, and I would find your argument much more consistent.

      --
      --- "To pee or not to pee, that is the question." ---
    5. Re:The Tail of a Gnome by Ulrich+Hobelmann · · Score: 1

      Well, I'm getting tired of a discussion which won't lead anywhere anyway. Just two cents: I used to be Socialist, so some of your almost-libertarian opinions aren't too far from me. But (the second cent) I don't think you really understood libertarianism, maybe the rules, but now how it works or used to work.

      Liberty doesn't mean do-as-you-please in all cases. If you're genuinely interested, mises.org has lots of material available for free on property rights, on environmental pollution, and other things, in many cases involving arguments like yours above.

    6. Re:The Tail of a Gnome by N3wsByt3 · · Score: 1

      "Well, I'm getting tired of a discussion which won't lead anywhere anyway."

      True; slashdot threads seldom lead to anywhere, though I find the communication of thoughts interesting on itself - sometimes. I've long since abandoned the notion that every discussion has to or even can lead to a mutual satisfactory logical conclusion on /., however.

      "Just two cents: I used to be Socialist, so some of your almost-libertarian opinions aren't too far from me."

      Well...ermm...good. Though I don't see the link between the two. I'm actually a liberal... so... some of your points aren't far from me(?)

      "But (the second cent) I don't think you really understood libertarianism, maybe the rules, but now how it works or used to work."

      Well, opinions are free, of course. I think I do have a pretty good idea, and I even think complete libertarianism has never been fully tried in any society, thus 'used to work' is a bit of a stretch.

      "Liberty doesn't mean do-as-you-please in all cases. If you're genuinely interested, mises.org has lots of material available for free on property rights, on environmental pollution, and other things, in many cases involving arguments like yours above."

      Well, that would depend on the kind of libertarianism you are talking about. There are, in fact, many, many different forms that are viewed as 'libertarianism'. Some sub-categories use *this* philosophy, others *that*, others have minute or big variations, and I've even seen some that had some points that were antithetical to what libertarianism is all about (at least compared to most of the other political/philosophical directions of libertarianism). Maybe part of our miscommunication is due to this, and I would refer you to http://en.wikipedia.org/wiki/Libertarianism for all the different 'flavours' of libertarianism.

      Yet, even apart from that, I can't but feel that, even using your own criteria of 'civil rights' and 'property rights', you can not address all problems *without* ever being forced to use a law that falls outside the scope of those two mentionned rights, or without having a subjective or arbitrary law - especially in the case of public places, where people with diametrically oposed viewpoints have to interact with eachother, as I gave with my examples. And unless one can ofer a solution based solely on your two forms of rights for any of these examples, it is difficult to uphold they suffice for all problems.

      Anyway, I will certainly check out your link, since I'm interested in and always open to learning additional viewpoints, and I hope you will consider some of the problems I raised in turn - even if you are of the opinion it is already addressed (it's easy to get complacent in these matters, after all).

      But indeed, we could keep this discussion for another time, perhaps. See you! :-)

      --
      --- "To pee or not to pee, that is the question." ---
    7. Re:The Tail of a Gnome by Ulrich+Hobelmann · · Score: 1

      Yep, wasn't a bad discussion. Let me just add that IMHO the original USA were an almost libertarian country, with the exception of slavery, and the general conservative attitude of many people back then (though many libertarians are also conservative).

      You could classify my views under Austrian school, and anarcho-capitalism I'd say. I'm definitely sympathetic to minarchism (small government) and also somewhat to left-libertarianism (see the Wikipedia article; it mentions quite a few shared points with anarcho-capitalism, following Murray Rothband and Roderick Long, my two "favorite" anarchists).

    8. Re:The Tail of a Gnome by N3wsByt3 · · Score: 1

      Say, I've been to that site, but it is difficult to find the exact sites/pages where actual examples (like the ones I gave) are handled with what they consider strictly libertarian principles. I mean, I've read http://www.mises.org/story/1784#_ftn16, http://www.mises.org/story/2118
      , and http://66.249.93.104/u/Mises?q=cache:_uMdPyltSWQJ: www.mises.org/reasonpapers/pdf/13/rp_13_2.pdf+libe rtarianism&hl=en&ct=clnk&cd=20&ie=UTF-8 thusfar, but they are all rather theorethical treaties about the principles of libertarianism (as the author sees it, at least), but none give real-life examples, nor even hypothetical ones, where it is shown how exactly a libertarian society would deal with it (notably something similar as what I described with human interaction in public space).

      Could you, perhaps, give me direct links to the pages which actually deal with this sort of examples? I would be much obliged.

      Also, when reading the page of David Gordon about libertarianism, I encounter something which annoys me to some degree, and is seen often with classical libertarian papers: a overly optimistic viewpoint (bordering on the oversimplify-ing) without actual data backing it up. All the papers thusfar, are very scant with scientific references, sources and statistics which support their claims. And sometimes, this leads to a contradiction, or at least an unsolved discrepancy, between what they claim, and what actually can be observed.

      For instance, we can read:

      "Murray has evidently forgotten his earlier discussion. If the government has failed to alleviate poverty, will not very wealthy people come to realize that a purely voluntary society will be worth trying? If they are sufficiently wealthy, charitable contributions will not burden them unduly. Why then will they turn to the Plan, which Murray acknowledges is less than ideal?"

      So, the author sees it as more ideal, to scrap the retrieval of taxes, and the spending of it on medicare and other social programs, and instead the state should do nothing, and leave it all to 'charitable' donations. This, he argues, would be far more efficient in closing the divide between the poor and rich then any government program.

      Alas, he does not substantiate that with actual fact, nor examples that might support this theory. and while it is one thing to claim government programs are not very effective, it is a completely other matter to claim charity from the rich will solve it in a better way. The only time he tries to substatiate it, is by reiterating another author who claimed how well things were during the 19th century, when charity was in, and no government programs were around.

      I rather think this is a case of historical revisionism; by all accounts, life for the poor were awfull during those times, and not at all mediated by whatever 'broad network' of charitable donations were in place.

      And, more-over, I find this notion hard to reconcile with what we can observe in current times. while the author might lament the fact that the USA-government spends so much money on wellfare, it is, in effect (compared to the GDP) only a fraction of what most european countries spend on wellfare. As we can all agree, the EU-countries are far more socialistic-minded, and government spending on welfare (and taxes are higher because of it) is far greater then in the USA. By all acounts, the USA is in this regard far more behaving in a 'libertarian' way, then EU-countries, even when one would claim it is not fully following libertarianism.

      Yet, how do we reconcile the discrepancies, then? If the USA is more libertarian then EU countries, and the libertarian way is more efficient then the government-spending-on-wellfare way,

      --
      --- "To pee or not to pee, that is the question." ---
    9. Re:The Tail of a Gnome by Ulrich+Hobelmann · · Score: 1

      Well, the Mises posts are mostly related to current events. The more foundational part are their online books (by Mises and Rothbard for instance). I also can remember that I once took their test "are you Austrian?", which points to articles on points where you differ (which would be a lot I guess).

      Secondly: nobody claims that libertarian policy would reduce the divide between rich and poor; we only claim that everybody would be better off (absolutely) under capitalism, while more socialist programs might reduce the (relative) divide, but everybody would be off worse. Also, economic theory in that area says that most left-wing interventions (by government) will actually backfire, because they are guided by ideology, not by reality and economic theory. Would you think it's great if a surgeon operates without *knowing* what will happen? Most left-wing (but also neo-con and neo-lib) interventionism seems very superstitional to me. (so I left my left-wing view)

      And let me add that while the USA might be more libertarian economically (and especially culturally, which is great) than Europe, in many ways they are much more statist I think, or at least more conservative. They wage many more wars, they have a more problematic legal system (or at least implementation of it), and maybe worse legislation influenced by lobbies. Europe might be more socialist and intolerant/unopen, but it's also slower in adopting bad things ;)

    10. Re:The Tail of a Gnome by N3wsByt3 · · Score: 1

      " I also can remember that I once took their test "are you Austrian?", which points to articles on points where you differ (which would be a lot I guess)."

      Well, I don't know about 'a lot', but I consider myself more of a civil libertarian and a left-libertarian mixed with some humanistic libertarianism and moderate minarchism - so some things may be parallel, and some things may, indeed, differ.

      "Secondly: nobody claims that libertarian policy would reduce the divide between rich and poor; we only claim that everybody would be better off (absolutely) under capitalism, while more socialist programs might reduce the (relative) divide, but everybody would be off worse."

      First of all: isn't that a false dichotomy? It would follow ultra-capitalism is the best because communism sucks. Well, indeed, communism failed, and capitalism is certainly better in regard to create wealth...but what *kind* of capitalism? It is not said because one extreme failed, the other extreme is the best possible outcome (countries that have (had) an extreme form of capitalism did not provide the proof that people as a whole were better of then in countries with moderate capitalism).

      Which leads me to your statement itself, which, I admit, I have difficulty seeing the logic behind. How would everybody be worse off, if there are less poor? Even if one would accept the premise that the more capitalistic a country is, the more it generates wealth, then it is still a matter of how that wealth is distributed to the general populace. If all that extra wealth falls more and more in the hands of a few (which in the USA is more obvious then in the EU; a small percentage of the populace is overwhelmingly rich there, while the poor are 'poorer' then their EU-counterparts), then one can hardly claim the populace, as a whole, is better off.

      By closing the economic divide, one makes sure the wealth is better distributed to all of the people, and thus, they would be better off. It is true, that the very rich would be worse off, but in an utilatarian view, when the top-rich people make out 5% of the populace, and the middle- and poor 95%, one would have difficulties claiming 'everyone' is worse off, when 95% is better off.

      I do not believe that generating wealth on itself (as with ultra-capitalism) without having some form of major redistributing that wealth under the populace (and charity is inadequate for this, btw) will amount to the best possible outcome for the populace at largest, just like I don't believe a redistribution system on itself (as with communism) which lacks major wealth-generation will be the best possible outcome.

      I think the best outcome is with a moderate form of capitalism, where a balance is found between generating wealth, and distributing it towards the people. The search for the 'best' balance may be open to argument and mostly involves a slow search with trial and error, but it is feasable, if one takes parameters like education, health and health-care, the absolute and relative amount of poor, etc., and compare these variables with the systems used.

      In this respect, it becomes clear communism was never a succes. But it also shows countries with an anglo-saxon capitalistic system are worse off then more moderate capitalistic EU countries at least, acording to those parameters.

      One could also use the overall generation of wealth as a parameter, and then the USA and consorts would probably do better, but as I said, when the purpose is that *everybody* should be better off, and not just the top 5%, it is unwise to claim that everyone is better off, just because the total amount of wealth of a country is bigger. The parameters I just mentionned are a more true indicator of how good the populace is doing, then a general wealth parameter, which doesn't say anything about how that wealth is distributed, and to whome.

      Sorry I keep posting about it; it's just such a very interesting topic! :-)

      --
      --- "To pee or not to pee, that is the question." ---
    11. Re:The Tail of a Gnome by Ulrich+Hobelmann · · Score: 1

      Heh, sure.

      Well, you sound like a moderate left-libertarian maybe, so I think mises.org will shock you a bit at first in their anti-welfare attitude. It shocked me at first, but by now I think it would actually work well.

      Regarding the extremes of communism and capitalism: capitalism (or rather free trade) is about free exchange of things and labor. An exchange will only be made if it profits both parties, while a forced intervention (say, taxes + welfare) doesn't create anything; it's only theft that moves money. So that's the simple theory in one sentence. Because capitalism will always be based on voluntary agreements, it will always improve everyone's situation. Well, in reality sometimes things look different, but I think that's because we only have a very small perspective, or myopic view of things. Sure, wealth for everybody sounds cool, but it conflicts with market realities.

      I don't think it's bad at all if someone else is super-rich. The point is that I can still do anything to improve my situation, and capitalism - based on exchange - has many incentives for everybody to do good work, create good products, lower prices, and so forth. So in the end even poorer people can buy better products and services than they could 30 years ago.

      In the short term wealth redistribution sounds cool, because it makes people less poor, but in the medium term something like forced welfare makes people addicted to it. In Germany (where I live) we certainly have many unemployeds that totally lost touch with life; they're almost unemployable as a result. Without minimum wage laws these people would at least have jobs to feed themselves. (I'd still advocate something like "added" welfare, so these people can have a decent basic income (I think basic income for everybody would be much better than the current welfare state; an awesome compromise), but I prefer private charity to do that, because it's less wasteful (no planned economy, not as much corruption and bureaucracy); basically the modern welfare-state abolished the need for charity, which is why we see so little of it now).

    12. Re:The Tail of a Gnome by N3wsByt3 · · Score: 1

      "An exchange will only be made if it profits both parties, while a forced intervention (say, taxes + welfare) doesn't create anything; it's only theft that moves money. So that's the simple theory in one sentence."

      Ermm..no doubt. Which is why I prefer examples to actually come down to it, because theories can always be made, and can even sound like the next best thing since sliced bread (communism sounds great too, in theory).

      So, let's say a person seeks work, and an employer wants work done. They come to an agreement, where both profit. This is, thusfar, according to theory.

      Now, let's have an example where there exist such a thing as a world-economy. The employer says: you must work for 20$ a month. The would-be employee says: no, way, josé, I can't live of that! And then the answer is: ok, too bad, we'll move to china, where people DO work for 20$ a month.

      so, ermm...where is the choice again? Where is the profit for both?

      Now, a welfare state does not remediate this problem, I agree. But it does remediate the immediate consequences of losing your job, or falling sick, etc. I still haven't seen any indication voluntary 'charity' from the rich would ever be enough to remedie this in the same amount as state-spending does. As said earlier, it does not seem to be working in the USA, and while one could claim this is because their is some state intervention, this does not answer why charity falls short even when it is about aiding people in third world countries, where there is no welfare, nor does it explain why charity isn't greater (relative to the %) in the USA then in europe, when in the USA there is considerably less state-sponsoring. I believe Peter singer has some hard data on this too, in his book, and if I remember correctly, current 'charity donations' in the usa only amount to 4% of what the state spends.

      One can claim charity would be more efficient, but it would have to be a hell of a lot more efficient to be able to do the same with 4% of the budget - absurdly so. One could also claim, if the state didn't subsidise, the rich would suddenly feel a 2500% increase in empathy for their fellow citizens, but this also seems implausable. And finally, history shows us that charity, at least in the past, was wholy inadequate to remedie the social issues in the 19th century, when there was virtually no state-subsidies in this regard.

      In conclusion; I just don't see any indication on what the optimism is based on, that charity would do a better job, as David Gordon and yourself seem to claim. There is no emperical observation, nor any statistics that substantiate such a claim, and in fact, everything points to the contrary.

      "I don't think it's bad at all if someone else is super-rich."

      I've already answered a similar statement; it has nothing to do with it being 'bad', on itself. The morality of being rich is irrelevant in the discussion whether or not it constitutes the 'best' for everybody. Is the populace at large better off with a small minority of super-rich, and a whole lot of very-poor? Or is it better off with not-so-completely-super-rich, and a lot of not-so-poor?

      "The point is that I can still do anything to improve my situation, and capitalism - based on exchange - has many incentives for everybody to do good work, create good products, lower prices, and so forth."

      Unless there is an economic crisis or further globalisation and you can't get a job, you fall sick or get an accident, etc... all those things for which a good social network is needed.

      "In the short term wealth redistribution sounds cool, because it makes people less poor, but in the medium term something like forced welfare makes people addicted to it."

      To a degree I can agree with that; I never claimed the current balance in all european countries has reached its optimum; I only claim that a form of ultra-capitalism will not make things better, at least not when considering the sparse indications one can find thusfar.

      I mean, let's get at l

      --
      --- "To pee or not to pee, that is the question." ---
    13. Re:The Tail of a Gnome by Ulrich+Hobelmann · · Score: 1

      Communism: no, it doesn't sound great in theory. The supposed outcome sounds great in theory: everybody has enough of everything, but that's clearly utopic, and against all economic theory. Now the theory of communism involves violence (fight/kill all but the proletarian class; take all their stuff), and then create a classless society, which is supposed to be done by some supervising organ: again violence. Capitalism is based merely on the non-aggression principle. We don't say that poverty can exist, but usually everybody who works hard will be able to either earn money, or receive charity. As long as everybody agrees, there could eben be general welfare; it only has to be paid (but hey, you like welfare, even I like the concept; so in the end, almost everybody would join such a cooperative, as long as the money isn't being wasted, like it is by today's welfare governments).

      The outsourcing or "I can't live off my work" problem: well, under a dynamic economic system wages would rise and fall according to supply and demand (in Germany for instance this isn't possible, so businesses move offshore, or simply fire their workers instead, when they can). People would be employed, at their maximum "value" to anyone.

      I don't think your one employee would be the only one, that is to say, wages in general would fall, with the beautiful result that the cost of (any) business drops, so prices drop, competition becomes easier. When productivity rises, this basically *frees* people to do other work instead.

      Now one reason why the USA and EU don't have many companies eager to employ people is that government has actively intervened to fight business: there are so many regulations and requirements on businesses, while workers get mandatory healthcare (here), 30 days paid vacations and so on... all these things have to be deducted from salary (of course; the money doesn't fall from the sky!), so in effect the employer has a hard time. It's f***ing tough to have your own business here, while being an employed worker is simply awesome: you get almost anything you could ask for (like in utopian socialism!), for free. With the result that nobody is employing people anymore, because it's unaffordable.

      I can't really prove it, but under real capitalism, many "capitalist" things we see today wouldn't likely exist, including huge corporations (based on limited liability, patents/monopolies, subsidies..., all of which a result of aggressive government intervention). I also don't think we'd have quality of life like in the 19th/20th century, because productivity in general is incredibly higher. Back then life *was* hard, with the exception of the elite.

    14. Re:The Tail of a Gnome by N3wsByt3 · · Score: 1

      "Communism: no, it doesn't sound great in theory. The supposed outcome sounds great in theory: everybody has enough of everything, but that's clearly utopic, and against all economic theory."

      Well, it was 'for the people, by the people', so it did kinda sound cool, if you consider yourself to be one of the people. And especially, like you say, the outcome once the proletariat was freed from the shackles of capitalism. ;-) I agree it can and could never work, because it's is too utopian and goes against basic human tendencies (for instance, the tendency to hold on to power).

      Which is a bit my complaint about 'pure' libertarianism too, in fact: it sounds too utopian, even when claiming they only follow economic theory. But economic theory has had many changes during it's lifetime; the current model is not the one we had in the 50'ies, and so it is hard to see why our current model would be 'the right one'. And theory and social reality often doesn't mix to good, and that's (I think) due to the fat that people view things in a dichotomy; humans as social beings and humans as economic unities, while I think humans are both, and any theory that doesn't make enough effort to incorporate both will not survive.

      As an example of that, I refer to an experiment done with monkeys (Scientific American) where monkey were given a piece of vegetable as compensation for their work (riding a bycicle). All monkeys were content with that, and rode their bycicle, after which they got some token which they could then trade for the food. No problems thusfar. Then researches gave one monkey a grape (which was much more liked then vegetables), where the other monkeys could see it, but gave only a vegetable to the next, while he had done as much work on the bycicle. Result? The monkeys that didn't get a grape got in a tantrum; they refused to give the token, and some threw the vegetable even back at the researchers. Now, according to classical economists, this doesn't make any sense: it would make more sense to accept the vegetable (which they were happy to get ealier) then to get nothing at all.

      While humans are not monkeys, it would be foolish to think such sentiments are not present in humans. In fact, it hints at a deep seeted sense of 'fairness' (misguided as it may be), even to the detriment of making decisions which make no sense at all, in an economic model.

      Only to show a bit the danger of using only economic models to predict how humans would interact in real life, in a society.

      I would like to see a real testcase, however (as do you, I presume) of some island state, which would turn into a completely libertarian society with an ultra-capitalist economic model, and see how long it would keep it up, and if the results would truelly be the best for everyone (measured by the variables of the populace I described earlier). I do not think this would be the case, though it might outlive the communist experiment. As I said, so far, all indications of countries who have gone more capitalistic then europe (Chile during one time, USA, 19th century europe,..) do not show any indication of it being better at providing the best outcome for everybody.

      "The outsourcing or "I can't live off my work" problem: well, under a dynamic economic system wages would rise and fall according to supply and demand (in Germany for instance this isn't possible, so businesses move offshore, or simply fire their workers instead, when they can). People would be employed, at their maximum "value" to anyone."

      I couldn't have gotten a better example why the theory sounds cool, but the practise would amount to devastation. I understand what you are trying to say, I do. But let's really imagine that you would try to introduce such a dynamic system today, in a western state. Now, imagine companies (or more broad, 'the market') would decide how much you could get as a worker, and imagine they have to fight against chinese wages og 20$ a month. That would be, like, a 1000% reduction of their wages. Now,

      --
      --- "To pee or not to pee, that is the question." ---
    15. Re:The Tail of a Gnome by Ulrich+Hobelmann · · Score: 1

      Hm, that's waay to much for me to answer ... ;)

      I don't think we'd see anythnig like 1000% drop in wages, honestly. But the companies you see around, that are "already making a profit", that would only profit more under lower wages are the companies *that are still alive*. There could be many more companies + jobs, at lesser wages. And if everybody has those wages, it's again rather ok, I'd say.

      Concerning the argument that libertarian countries should do better: don't they? When Germany was still rather unregulated (compared to today) it did excellent. The USA also did much better a few decades ago than now, and upward mobility for lower social classes was good (which it isn't at all right now!). When the USA were *really* libertarian, long time ago, AFAIK they quickly rose in living standards and even overtook many European countries, to become the world's richest country...

      While I think only liberty is truly moral, because it's non-coercive (unlike any state), I'd be very happy with a low-tax regime like unregulated Germany, or the United States in its better times. That's already a sharp departure from current desastrous politics.

    16. Re:The Tail of a Gnome by N3wsByt3 · · Score: 1

      "Hm, that's waay to much for me to answer ... ;)" ;-)

      I think we'll call it an end with this latest posts, indeed. It's an interesting topic, but we could be busy for months, I think. :-)

      "I don't think we'd see anythnig like 1000% drop in wages, honestly."

      Well, the principles remain the same, even if it's less. To be concurential with chinese workers who work for 20$, we would have to become *a lot* cheaper. Maybe not drop from 2000 euro to 20, because there are the costs of moving to china (for the companies), their would be transport-costs, their would be a matter of productivity (though I don't think chinese are more lazy then europeans), etc. But even considering all that, I don't see how we would be able to compete without substantially lowering the wages. And if you do so, say, you go from 2000 euro to 200, which is still 10 times more then a chinese, you'll encounter the exact same problems as I described earlier. The main point of my example was: all living costs will have to come down to a similar degree at the same time, or else those workers will have a seriously reduced living-quality.

      "Concerning the argument that libertarian countries should do better: don't they?"

      Not according to the data which prof Peter singer used in his book, which is based on scientific research and public available data, and when you consider the USA to be following the libertarian economic model more then EU countries.

      "When Germany was still rather unregulated (compared to today) it did excellent."

      Well, three remarks:

      I don't know any hard numbers if that was truelly the case. (You will no doubt agree that anecdotal experiences do not constitute something of scientific value, otherwise all old people claiming it was so much better during their time throughout the ages, would always have been right ;-)

      Secondly, you do not indicate which time-periods you are comparing to eachother...today versus which time? I can't look up any hard data if you do not mention that.

      Thirdly, even if one would presume this would be true, then still one would have to be very careful to equate any differences found in different times to differences due to variations of the economic model. For instance, as you said yourself; life in the 19th century *was* hard, and people would be much better off these days (dixit yourself). Thus, if differences were found, is it due to the changing times, or to the particular employed economic model? If you argue the latter, then 19th century ultra-capitalism deals a severe blow to the idea it is better. If you argument the former (as you did), then it follows one can not make judgements about the values of the economic models when you compare different times.

      More exact would be, to compare germany with a distinct given economic model, to another country with a more non-libertarian model, in the same timeperiod. I do not know of any studies who have done that, so I couldn't say one way or the other.

      The only studies I've seen are those of todays countries, which are, obviously, in the same timeperiod, and thus are more suited to look at the differences of their respective economic model. And, as said, the comparison between the USA and the EU - in regard of providing health and medical care, less poor, better education, etc for the populace as a whole - does not bode well for the USA's more libertarian model.

      However one turns it, if one accepts the data, and one claims the libertarian economic model is better in this particular respect (being the 'best off' to the largest amount of people), then it is difficult to comprehend why countries with more libertarian economic models would do worse then countries with less libertarian models. Logic would dictate that it would be the reverse, if the hypothesis and the data are correct.

      I see only a limited number of ways to counter this: or, one could claim the data is factual incorrect (

      --
      --- "To pee or not to pee, that is the question." ---
    17. Re:The Tail of a Gnome by Ulrich+Hobelmann · · Score: 1

      Germany was more unregulated in the 50s-70s, I'd say. Then the federal budget and regulations started ballooning.

      Yes, 10th century life was hard. That includes ultra-capitalism. I think today's political system applied back then would have resulted in *real* misery, much worse than things were (yes I know, there was much poverty; but as I said those were the times).

      And I wouldn't look at today's USA problems like poverty and healthcare, because those are the result of decades under a corporatist system. Take a look at http://libertariannation.org/a/f12l3.html for how healthcare was in places, and could be (roughly the idea at least).

      Today's capitalist countries aren't *anything* like a libertarian society would work. There are just so many interventions, regulations, and other laws that prevent society from being any different. In that regard you could say, your society/economy *is* totally planned.

    18. Re:The Tail of a Gnome by Ulrich+Hobelmann · · Score: 1

      Oops, sorry, make that "19th" century life was hard, of course.

  234. what would stop ms from withdrawing from EU? by wormgate · · Score: 1

    how about a boatload of money?
    you think ms runs on pride?
    pls

  235. Re:Nothing for you to see here. Please move along. by Weedlekin · · Score: 1

    "the original theory was that MS wouldn't sell products in Europe, not use them. Besides, just because a European business can't go down the street to pick up a copy of XP doesn't mean they can't get it - this is the Internet, dude."

    Companies don't "go down the street to pick up a copy of XP" -- they volume license from MS directly, and receive extensive corporate support packages as part of the deal. All of this would cease, as would most of the patches thanks to the "Genuine Advantage" system that would eventually label all European installations as illegal.

    "The cost of researching alternatives that work for your business, tearing down existing infrastructure, replacing it with new infrastructure, and testing it extensively until it works is exponentially exorbitant the larger your company is."

    Indeed. And the EC will spin this as "a move that will stimulate the domestic European IT industry, thereby generating hundreds of thousands of new jobs". Not of course that they have to spin it, because they aren't a democratic institution; they've done wildly unpopular things in the past, and will do them in the future, because most of the institutions that matter aren't answerable to the public.

    "The cost of doing business would go up, but if the cause was MS pulling out of Europe as a direct result of the EU imposing a fine, who are they really going to resent?"

    The EC has consistently shown that public opinion plays no part whatsoever in its decision-making process. It is in most respects a Nietzsche super-state where a thin patina of democracy exists solely to give people the illusion of actually having some say about what happens, but things are actually run by professional functionaries who are not subject to the whims of the pseudo-democratic layer. A few years of turmoil for IT-dependent companies won't make these people hesitate for a microsecond -- indeed, the more wailing and gnashing of teeth that arises from such a prospect, the more likely it is that the commission will act precipitately (spin) "to prevent further dependency on a foreign company that obviously wants the benefits of trading within the EC without being subject to the same laws that everyone else has to obey".

    --
    I'm not going to change your sheets again, Mr. Hastings.
  236. APIs by Anonymous Coward · · Score: 0

    Its all about the APIs. MS were told to document them for 3rd parties. They refused to do so (produced an incomprehensible document which you could look at if you sign an NDA and pay the (fairly high) fee) and they are getting called up for it.

    If you dont comply with the law, you get punished. Whats the problem?

    PS - Apple is not a monopoly. Thats why they arent being told to unbundle their media player. MS are using their desktop monopoly to gain an advantage in another market (media players/formats). That is a breach of anti-trust law.

  237. Re:Nothing for you to see here. Please move along. by geggo98 · · Score: 1
    I'm the same way, not a fan at all, but, I do wonder at what point, what would prevent MS from basically thumbing their nose at EU, and saying fine, we'll just withdraw all new products from you market...and if things got worse, just plain stop supporting the products currently out there in EU.

    The EU created Airbus just to compete with Boeing. They could do something similar just to compete with Microsoft. And with Linux, BSD, etc. out there, this might be not such a huge investmend. Preinstalled on computers sold in the EU, a standarized Linux distribution with a binary driver interface added (e.g. using LLVM) could have a good stand against MS. Of course, the open source spirit will be lost, but it could be a huge commercial success.

    To make a long story short: MS doesn't want to battle the EU. MS would not only loose a big market, but worse a real competitor might be created, subsided by huge amounts of EU money.

  238. Re:Nothing for you to see here. Please move along. by ccp · · Score: 1


    Please do not spread such FUD; or are you astroturfing?

    My friend, nothing has been posted so far EXCEPT astroturfing.

    I hate breaking the news to you, but these days one reads the MSFT stories in /. just to enjoy the different shades of green.

    Well, that could be the real explanation of Vista Forever: all the developers in Redmond are astroturfing here instead of coding...

    Cheers,

    CC

  239. obligatory borg stuff by N3wsByt3 · · Score: 1

    "We're not the borg!"

    Not yet! But we're rapidly being assimilated!!

    And resistance seems futile... :-/ ;-)

    --
    --- "To pee or not to pee, that is the question." ---
  240. More bullshit by Darkman,+Walkin+Dude · · Score: 1

    Let me suggest a definition: vis-a-vis

    Suggest away, it isn't going to make you any more right. As I pointed out, the magna carta may have been a big deal in England, but it was in no way applicable to the rest of Europe. So it does not have the same characteristics, and resembles them in as much as it is written on paper with ink.

    You are confused about what I am saying...

    Nope, you blundered and are trying to mislead your way out of it. Let me quote you here directly: "and exist only by way of a sovereign's decision to limit their own power". A sovereign. How else is one supposed to interpret that?

    As well, it is incorrect and presumptuous to say that every country has the same regulatory authority for seizure in lieu of arrears.

    But isn't that exactly what you were saying with regard to the EU? Not to mention that what I said is perfectly valid, every government does have these powers and will operate in exactly this way. This top down bottom up assumption of rights is a large mound of twaddle. I don't know who modded this up, but its either a very clever troll or someone who is honestly mislead. In any case I call this a win, since I got to use the word twaddle in a conversation.

    Remember kids, although they may be the only ones that speak American, the UK != the EU.

    1. Re:More bullshit by debrain · · Score: 1
      Suggest away, it isn't going to make you any more right. As I pointed out, the magna carta may have been a big deal in England, but it was in no way applicable to the rest of Europe. So it does not have the same characteristics, and resembles them in as much as it is written on paper with ink.
      "Magna Carta Libertatum ("Great Charter of Freedoms"), was an English charter originally issued in 1215. Magna Carta is the most significant early influence on the long historical process that led to the rule of constitutional law today" (Wikipedia)

      Nope, you blundered and are trying to mislead your way out of it. Let me quote you here directly: "and exist only by way of a sovereign's decision to limit their own power". A sovereign. How else is one supposed to interpret that?
      "and exist only by way of a sovereign state's decision to limit the state's own power" Apologies for the ambiguity, but this is consistent with the rest of the paragraph, and certainly colloquially accepted. Learn to interpret more liberally; this is no longer ambiguous with the definition.

      But isn't that exactly what you were saying with regard to the EU? Not to mention that what I said is perfectly valid, every government does have these powers and will operate in exactly this way. This top down bottom up assumption of rights is a large mound of twaddle. I don't know who modded this up, but its either a very clever troll or someone who is honestly mislead. In any case I call this a win, since I got to use the word twaddle in a conversation.
      It seems your twaddle isn't particularly compelling or useful. My condolences. Equally clearly, you have never read, for example, Schmerler's The Law of International Insolvencies and Debt Restructurings.

      Also, consider constructive comments, rather than condescending ones. Your arguments are founded on your misunderstanding of the English language, rife with ad hominen and straw man. While you may not be able to solve the latter, you can at least be nice.

    2. Re:More bullshit by Darkman,+Walkin+Dude · · Score: 1

      Magna Carta is the most significant early influence on the long historical process that led to the rule of constitutional law today

      Constitutional law for which country? You know, there are a few more than the UK in Europe.

      and exist only by way of a sovereign state's decision to limit the state's own power

      Aha but you didn't say that. In fact you seemed to be coming from the perspective that all European law is based on some sort of royalty and rights derived therein. I wonder what the French have to say about that? You know, the ones that executed their nobility wholesale. Spare me the revisionism, there is a reason you can't edit posts on slashdot, and its not the legendarily lackadaisical management.

      Equally clearly, you have never read, for example, Schmerler's The Law of International Insolvencies and Debt Restructurings.

      Oho well let me just drop everything for a few weeks while I click on your referrer link and wade through this tome of dubious vintage. If you have a point to make, make it, and stop depending on others to make your arguments for you. To paraphrase that saying about poor debaters, you use third parties like a drunken man uses a streetlamp; for support rather than illumination.

      rife with ad hominen and straw man.

      Ad hominems and straw men, the latest pretenders to the Godwin throne.

      While you may not be able to solve the latter, you can at least be nice.

      This is the internet, its founded on rage. Everyone knows that. Twaddle.

  241. Re:I Think the EU is Wrong Here by N3wsByt3 · · Score: 1

    "[]...because in the western world we abandoned the whip, cutting-off-of-fingers and other fun punishments a few centuries ago"

    And torture too...

    ummm...

    Well, in SOME part of that western world, at least.

    --
    --- "To pee or not to pee, that is the question." ---
  242. Re:Nothing for you to see here. Please move along. by nickco3 · · Score: 1

    You've got this backwards. All Microsoft products being withdrawn from Europe is the EU's nuclear option against Microsoft, *not* the other way around.

    Microsoft would probably survive such a move, albeit in some reduced form. Gates and Ballmer certainly wouldn't, the shareholders would have their heads on a pole.

    --
    -- Nick "Hallo this is Beel Gates, und I pronounce weendows as ... WEENdows"
  243. Re:Microsoft can pay that for 38 years with its ca by Anonymous Coward · · Score: 0

    Except after one year the Comission could just say they are doubling the fine or banning one or more of the illegal products. Sure it wouldn't destroy Microsoft to pay these fines but it would make them realize the Comission won't back down until they get what they want.

  244. Re:Nothing for you to see here. Please move along. by dragonsomnolent · · Score: 1

    If I read all the info on this correctly it is not just about the media player, but also the SMB protocol that microsoft calls "Microsoft Networking", and the perversions they performed on it to ensure a lack of interoperability. SMB was originally written by IBM, not MS, so the issue at hand is the way MS mutated it and said, well, if your OS can't communicate too bad. Microsoft is deliberatley using thier monopoly to impede others attempting to connect to thier "Windows Network" with anything else. "Have you ever tried to get an average user to mount a CD in Linux?" Put the CD in, automount does the rest if it is installed, and most distros will install it, unless you tell it not to. The fact is that if I gave your grandma Kubuntu, she would never notice the differnce, functionally. She might notice the buttons are a little different, and that the blue ie is now a blue globe, but they both say internet. (She might get a little concerned when her Thomas Kinkade screensaver won't install, and I'll give you that, but that isn't MS's problem to begin with, and I don't hold them accountable for a vendor not making a cross platform program). As far as the average user who just wants thier lites to blink and thier boobies to show up, tell me where Ubuntu would fail them. That is a very user-freindly distro, very stable, and very easy to use. And I never said that unbundling Media Player and IE would be 'benificial', but the choice of not ever having to use IE would be welcome, ActiveX is a huge gaping hole to introduce all kinds of nasties onto your system.

    --
    I got nuthin
  245. Re:Nothing for you to see here. Please move along. by maxwell+demon · · Score: 1

    By switching protocols in the US as well? If MS isn't willing to offer the "EU protocols" in the US as well, I'm sure there will be other companies who are willing to do it ...
    Of course it wouldn't help MS a little bit; instead it would make customers unhappy with MS and much more likely to look at non-MS solutions also in other areas.

    --
    The Tao of math: The numbers you can count are not the real numbers.
  246. Bill's reply: "There goes my 'walking around' $" by The_REAL_DZA · · Score: 1

    C'mon, the guy's got something like 1.21 JIGAbucks in the bank...

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    This space intentionally left (almost) blank.
  247. Re:I Think the EU is Wrong Here by Chris+Burke · · Score: 1

    Are you drunk? What did I "lie" about, exactly? When did I say that I never debated about anti-trust shit on slashdot?

    You: "but when it comes down to anti-trust laws, there is NO debate, whatsoever"

    Which, seeing as you yourself have engaged in the debates you say never occur, you know isn't true. Now shut the fuck up, liar.

    "anti-monopoly" laws are in fact, punishing a company for being too successful and earned their status

    And this is why the debates died off, because the only things the "pro-trust" side can come up with is lies like this. No, it isn't punishing them for success. Being a monopoly is okay, being ridiculously successfull is okay. It is abusing that status in anti-competitive ways that is punished. But of course you know this -- it's been covered a hundred times in the debates you claim don't exist -- and are merely pretending to be ignorant of the distinction.

    Oh, what a crock of shit. Every time there's a story about somebody getting convicted of stealing software/music/whatever, the Slashdot Mind screams about how unfair their "punishment" is.

    *snap* *snap* Pay attention! "but that would have no impact on whether the poor slob convicted received their punishment"

    Neither Slashdot nor the average casual copyright infringer has the power to avoid obeying the court's decision without becoming an outlaw.
    For Microsoft, this is apparently not the case.

    Stealing software is not bad. Being too successful is bad. Wow. Buddy, you really shouldn't skip your meds...

    Dude, whatever medication it is that makes you think that Microsoft was punished for "success" rather than the anti-competitive practices revealed in the trial, I'm sure as fuck not going to take any. You really shouldn't go rifling through your parents' medicine cabinet. Those brown bottles are prescription-only for a reason.

    --

    The enemies of Democracy are
  248. Re:Nothing for you to see here. Please move along. by mdwh2 · · Score: 1

    They could for instance, disable access to MSN messenger from anyone located within the EU.

    It would cripple the European economy overnight!

  249. Re:Tale of a Gnome by Duhavid · · Score: 1

    That is the Gnome Guild. They can force him.

    If he wants to stay in the Guild, that is.

    --
    emt 377 emt 4
  250. Re:Tale of a Gnome by Ulrich+Hobelmann · · Score: 1

    You mean ... you're forced to run/buy Windows ... if you want to keep running Windows?

    Oh my God, that's so inhuman!

  251. would you even want to use a $100 laptop??? by falconwolf · · Score: 1

    Seriuosly, would you even want to use a $100 laptop??? Does it have the "Designed for Windows for Workgroups" sticker on the case

    A laptop costing only $100 may not sound like much but for someone who doesn't have access to a computer it can make a big difference. Much like the Simputer, it would allow the masses to have a computer. With one and internet access it could enable many to improve their lot in life. That's a big idea behind the Simputer, as an example a farmer in India can use it to check the going price of food commodities to make sure any middleman offers them a descent price for what they've grown. Many farmers in third world countries get the short end of the stick by what are called coyotes in Latin America. Not knowing how much commodities like coffee sale for internationally farmers sale their product cheap to these coyotes who then sale it on the open market. With a "$100 laptop" with wifi or another method of accessing the internet farmers can look up how much produce is selling for and therefore they can get a better price thus improving their lives.

    Oh, obviously ther isn't an "Designed for Windows for Workgroups" sticker on them. The OS used is Linux. Much of the computers used in the Third World use Linux. Windows raises the price of computers as compared to Linux, especially with the requirements for Windows. In part for this reason MS released a low cost version of Windows in Asia.

    Falcon
  252. Re:Tale of a Gnome by Duhavid · · Score: 1

    No, just that Gnomes need to do what the
    Gnome Guild(s) dictate. If you visit
    a new city with a different Guild, you
    need to obey that Guild, if you want to
    peddle wands there.

    --
    emt 377 emt 4
  253. Re:Tale of a Gnome by Ulrich+Hobelmann · · Score: 1

    Oh sure, that's how life is when you visit another state or country. That's how life is when you decide to code apps for Mac OS, for Windows, for Solaris. That's how life is when you decide to code in another language that has different constructs. That's how life is when you decide to go work for somebody. It's always about compromise.

  254. Re:I Think the EU is Wrong Here by 99BottlesOfBeerInMyF · · Score: 1

    The point is: not all monopolies are bad for consumers; artificially creating competition where none naturally exists may make things worse rather than better.

    No one said they were. The point is that the monopoly abuses that are illegal according to antitrust law are bad for consumers, as as been repeatedly shown in the market. That is why they were banned everywhere.

    The practice of dumping is beneficial to consumers in the short term, and cannot harm long-term competition; the competitors, with their lower (and perhaps non-existant) costs, can wait out the incumbent for as long as it takes.

    What are you talking about? Dumping happens only when there is competition and then price gouging happens when the competitor is driven out of business. You're assuming a company can afford to make a product but not bring it to market until dumping stops, but you can't pay employees for that time for free, or store product. Also, an existing monopoly usually has accumulated a large reserve of funds with that monopoly so they can almost always afford to wait out a newcomer.

    (Incidently, why would the government declare something it wanted to do "illegal" in the first place?)

    The government does not have a hive mind and often factions within it directly oppose one another, as is the intended design of the balance of powers.

    I disagree on the point that monopolies can continue to exercise active anti-competitive influences indefinitely. Even if they can manage to retain their cash reserves, doing so will reduce their flexibility and raise their costs, making their target market even more attractive to (potential) competitors and increasing the costs of maintaining the monopoly -- a self-defeating cycle.

    Anti-competative monopolistic actions make more money than they cost. That is why businesses do them. Raising of costs is more than offset by raising of profits. If you make 50 million with 50% of a market you can make 400 million with the whole market.

    Businessmen realize this, thus the cost of competing with a company is and has been making 400 million for the benefit of grabbing 50 million is lower than the benefit of entering a market against a non-monopoly for the same size market share. Further, it is usually a lot easier.

    I also find it ironic that you would have the government -- the ultimate monopoly power -- step in to eliminate its economic competition and take control of the market.

    Antitrust law specifically does not do this. It takes no action against a company maintaining a monopoly, only one using that monopoly to make more monopolies in new markets.

    Even assuming that this is not contradictory, I would still conclude that application of antitrust law to unsubsidized private organizations is both unjust and unjustified.

    As I said before, you need to hit the books again. Take a look at an unregulated monopoly in a free market. It expands until it hits another monopoly. You end up with a small number of competing monopolies and no room for smaller or specialized business. There is a reason abusing a monopoly is illegal almost everywhere.

    Laws are passed so that justice will be preserved; living better is only a side effect, contingent on our own individual and collective efforts. I would not want to "live better" in an unjust society; I doubt many humans truly would.

    What is just about a company taking over a market despite having an obviously inferior product to others who worked hard and made something better? If one person works hard, innovates, and creates something that betters all of mankind, don't you think it is fair that they should be protected from losing in the market simply because someone is leveraging an existing monopoly in a completely separate market? Like it or not, the laws are about more than ethics, they are about preventing a violent, desperate type of living. The rich are not taxed proportionally more than the poor because it is just.

  255. emulators and virtualizers by wilec · · Score: 1

    "I cannot think of any other OS that even approaches the maturity of Linux at this point."

    IBM might just decide to knock the dust off OS/2. In many ways Linux and Windows and yes even OSX still have not caught up with where it was a decade ago. I don't know of a 64 bit kernel for it or its offspring eCS but it might be hiding in one of the IBM labs in Boca Raton.

    Actually the advances in hardware, emulators and virtualizers are making real time simulation of an entire hardware platform API or a specific OS API more practical. I suspect that any posix compliant OS with well written emulators or virtulizers will soon make reduce a specific OS like Windows to application level importance anyway.

    I realize that most here are aware of these efforts, but are some urls anyway for the few that are not.

    http://www.xensource.com/
    http://www.parallels.com/
    http://www-03.ibm.com/servers/eserver/about/virtua lization/about/systems.html
    http://www.thefreecountry.com/emulators/pc.shtml
    http://www.thefreecountry.com/emulators/macintosh. shtml
    http://www.winehq.com/

    Matthew

  256. Download current "documentation" from MS by Anonymous Coward · · Score: 0

    Where can I download the current documentation from MS (the one that EU didn't approve)

  257. lol by N3wsByt3 · · Score: 1

    I had already figgered that one out. ;-)

    Interesting read, though a bit scarce on hard data concerning how widespread the use of this healthcare was under the populace at large, what the quality was, etc.

    --
    --- "To pee or not to pee, that is the question." ---
    1. Re:lol by Ulrich+Hobelmann · · Score: 1

      True, but still I'd love to see more insurance by The People, i.e. basic risk pooling.

      In Germany the whole health insurance/money redistribution system (yes, just the bureaucracy) costs more money than is in the end given to the doctors!! That's just so sicko.

      Also, not you, but government chooses what you will get insurance for, and what won't be covered (because of lack of money) by the otherwise-insure-all public health insurance. My dad recently had to pay 2000 himself to not go blind, because the insurance said "hey, it's not life-threatening!", and that though he pays many hundred every single month (which would be much cheaper under private insurance, I'm sure).

  258. Is the DoJ really that small? by KDR_11k · · Score: 1

    Likely Ashcroft reasoned that if the American public perceived the DOJ as being hung up on a fight between software companies when they should be going after terrorists, he'd be strung up by his gonads.

    If the DoJ really can't handle a few large-scale corporate cases while dealing with a few terrorists that's downright pathetic. There's probably thousands or even millions of cases being treated by the judicative at once, why should the DoJ be incapable of handling a few tens?

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
    1. Re:Is the DoJ really that small? by Infonaut · · Score: 1

      There's probably thousands or even millions of cases being treated by the judicative at once, why should the DoJ be incapable of handling a few tens?

      Of course the DOJ could handle it. I was referring to perception, which in politics trumps reality.

      --
      Read the EFF's Fair Use FAQ
  259. Tax Reduction! by outoforderuk · · Score: 1

    this is great, my tax's are gonna plumet, microsoft can pay for me... i think if the EU go ahead with this it will be a good sign to microsoft that they have yet to rule the world, in fact they are losing control...

  260. Re:Nothing for you to see here. Please move along. by JimDaGeek · · Score: 1

    If MS did what you suggested, the EU could flip MS the bird and release their own OS based on the SOURCE CODE that MS has given to governments and universities. The EU could setup their own little company to start learnig the code base, publish security fixes etc. Heck, they could lure in some MS programmers with nice bonus packages and get them to move to the EU to continue working on the MS code base that has now been released into the public domain in the EU.

    MS would never be able to do what you suggest, it would destroy them. Companies around the world would be dropping MS real fast if they saw MS would just pull support rather then comply with a court order.

    There is also the financial reason for MS to not do what you suggest. I don't know the true numbers, but I am sure the MS makes more per day from the EU than the 2$ million fine.

    --
    General, you are listening to a machine! Do the world a favor and don't act like one.