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EU Fines for Microsoft Approved, Off the Record

mattaw writes "The Register is carrying a report that all 25 member states of the EU have found Microsoft guilty of non-compliance, off the record. Microsoft is in line for a fine of $2.51 million per day backdated to December 15th 2004 for failing to meet the terms of the EU commission's ruling."

692 comments

  1. so? by geekylinuxkid · · Score: 5, Insightful

    It doesn't really mean all that much. Microsoft will do some kind of wheeling and dealing efforts to 1) lower the fine and 2) establish an even stronger marketshare in the EU such as giving away windows/office/etc to schools, businesses, etc. Sadly, in the end it all works out for redmond.

    1. Re:so? by NevDull · · Score: 4, Insightful

      Is there something that you'd prefer?

      While I find some of Microsoft's business practices to be anticompetitive, handing over monies to governments isn't really going to do anything. Giving money to competitors won't help anything, since they won't learn to be competitive with handouts...

      Honest question, not trolling... I'm wondering what they should really be doing, besides forcing Microsoft to stop doing business in member states as long as they remain noncompliant, perhaps.

      -Nev

    2. Re:so? by jkrise · · Score: 4, Insightful

      Honest question, not trolling... I'm wondering what they should really be doing, besides forcing Microsoft to stop doing business in member states as long as they remain noncompliant, perhaps.

      What's wrong with forcing non-compliant businesses from operating?

      We should be wondering what Microsoft should really be doing, besides non-complying with anti-trust, anti-competitive laws, and stonewalling progress and crippling the competition. What'd be your honest answer to this question?

      --
      If you keep throwing chairs, one day you'll break windows....
    3. Re:so? by Anonymous Coward · · Score: 5, Insightful

      I'm wondering what they should really be doing, besides forcing Microsoft to stop doing business in member states as long as they remain noncompliant, perhaps.

      To my mind: enforcing their judgement. MS, along with most American corps basically get to play Cartman in real life. They break every moral, ethical and legal code but when it comes time to pay the piper, a few well placed bribes or a just suggestion that perhaps at some point in the future they might throw a few jobs into someone's constituency and they get off with a pat on the head and a lollipop.

      The EU thing has been going on a really long time. I believe that even after they were found to be in violation, they continued with business as usual for over a year while the EU postured with a bunch of empty threats culminating in the "daily fine" threat. Since then, MS has been given ANOTHER eight months or so to get their house in order. If they had done so at any point during that time (eg: after continuing their predatory and arrogant behaviour for an additional two years AFTER being found guilty) they would have STILL gotten their lollipop.

      I think that fines are the only stick you've got to use on a corporation. What else would you suggest: throw all the employees and shareholders in jail or just give them a lollipop and ask them to play nice?

    4. Re:so? by cdrudge · · Score: 2, Insightful

      What's wrong with forcing non-compliant businesses from operating?
      Microsoft owns what, 95+% of the global desktop OS market? How exactly do you shut down or prohibit a company from operating when they have that type of a market share? I'm not saying that something shouldn't be done, but you can't just say "Sorry, you can't do business here" when 95% of your PCs being used every day need them.

    5. Re:so? by ozmanjusri · · Score: 4, Insightful
      I'm wondering what they should really be doing, besides forcing Microsoft to stop doing business in member states as long as they remain noncompliant, perhaps.

      Use the fine money to fund a public reverse-engineering project for all the APIs and communications protocols. Nullify any patents held by Microsoft which would prevent competitors from re-implimenting the OS and/or bundled software.

      --
      "I've got more toys than Teruhisa Kitahara."
    6. Re:so? by MrFlannel · · Score: 5, Insightful

      Your current computers don't cease to exist (or run, on windows) when you tell them they are no longer allowed to do business.

      It will simply force MS to rethink their compliance, or face a whole continent migrating to other operating systems.

      --
      Clones are people two.
    7. Re:so? by Meltir · · Score: 5, Insightful

      I'm wondering what they should really be doing, besides forcing Microsoft to stop doing business in member states as long as they remain noncompliant, perhaps.

      And thats exactly what this is all about.

      They cant really force anybody to stop using microsofts products, and they cant force microsoft to completly stop selling their products.

      So they gave microsoft some time to prepare documentation that would be available to competitors. For a fee. With no recommendation to give it away, or how much to charge for it. And to this today - microsoft has not yet complied, and are still working on documentation for an OS that was written a couple of years ago.

      Every developer worth their money has pre-project documentation, code documentation, end user documentation (for things such as api's and libraries). This has been a standard in the industry for decades. And - most of windows is documented in such a way if said libraries and api's were ever intended to be used by someone out of microsoft. And yet - the others werent, as i seems.

      The inner workings of windows and their internall protocols are a mystery even to them.

      Thats the only thing that could justify getting a 300 person team for over a year of time.

      AND NOT COMPLETING THE TASK!

      This only says about the quality of the code - or the obfuscation that they used to actually throw competitors off track.

      I remember when the ruling became a very public thing over here at slashdot. Everyone agreed that it was the only thing that the EC could do, and that decision was just.

      And now that the fines accumulated to a spectacular (even for microsoft this is a big bag of money which they will have to explain to their shareholders) 1 billion USD, everyone is beggining to feel sorry for them ?!


      Sorry - as far as i know they didnt comply, had well over a years time and are still arguing about their case.

      I have no sympathy for them. Not that i ever did - but feel free to point out the weeks spots in my understanding of this case.

      Disclamer: i am a linux user.

    8. Re:so? by jkrise · · Score: 2, Interesting

      you can't just say "Sorry, you can't do business here" when 95% of your PCs being used every day need them.

      I don't think that's what is being said. MS is only being fined for mis-conduct... they have not... so far at least, been told to get out of the EU.

      --
      If you keep throwing chairs, one day you'll break windows....
    9. Re:so? by Reality+Master+101 · · Score: 1, Insightful

      What's wrong with forcing non-compliant businesses from operating?

      What's wrong with killing people who jaywalk?

      I'm all in favor of Microsoft opening some of their interfaces, but let's face it -- there is NOTHING that Microsoft can do with their apps that a third party can't. It just requires the third party to write more software that looks like native stuff. Big deal.

      I'm not going to cynically call this a cash grab on the EU's part (though, I think that plays a part), I think this is more about ignorant politicians being convinced by angry Microsoft haters to "do something -- ANYTHING" even if it means absolutely nothing.

      --
      Sometimes it's best to just let stupid people be stupid.
    10. Re:so? by Kadin2048 · · Score: 1

      Although I'm generally not a fan of "Robin Hood"-esque solutions, perhaps the way to go is to fine Microsoft, and use the money from the fines in order to develop a diverse range of competition to them and their products.

      That is the ultimate goal -- a free market not dominated by a single entity -- so it would make sense to use the money provided by fining noncompliant corporations (MS or others) to finance things that move us closer to that goal.

      I see a number of ways that could be accomplished with regards to OS software, that doesn't include just making handouts to other companies (which, I believe, ultimately makes them less competitive in the long run, since they become lazy and dependent on the handouts). You could use the money to acquire patents that could be used anticompetitively and give free use of them to those who agree not to use theirs aggressively (a la IBM), fund software research -- the output of which would be in the public domain, or give grants directly to individual developers working to make products which allow end-users to be less dependent on Microsoft (this one is tricky, and would require that they release the software under a suitable license, or perhaps public domain). And of course, there's always lots of user education to be done.

      Obviously, it does very little good to simply fine Microsoft and then have the money be absorbed into the coffers of Brussels, Washington, or any of the EU regional governments. In order for the move to be anything but punitive (and it's orders of magnitude too small to have any effect purely as a 'stick' and not a 'carrot'), the money needs to be used in ways that weaken the monopoly's hold on the public, rather than simply reprimanding it and allowing the status quo to continue.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    11. Re:so? by jkrise · · Score: 4, Insightful

      Use the fine money to fund a public reverse-engineering project for all the APIs and communications protocols. Nullify any patents held by Microsoft which would prevent competitors from re-implimenting the OS and/or bundled software.

      I thought the EU does not permit software patents, as on date. Any MS patents are null and void in the EU as it is.

      --
      If you keep throwing chairs, one day you'll break windows....
    12. Re:so? by dwater · · Score: 1

      Existing Microsoft users won't suddenly be unable to use their OSes. Sure, they (probably) won't get support, but the problems wouldn't happen immediately, and solutions can be found pretty quickly once theirs an incentive (ie reason to do so).

      --
      Max.
    13. Re:so? by timeOday · · Score: 5, Insightful
      And that's probably why they levy fines instead of just taking away Microsoft's license to do business. The point of the fines is (ostensibly) not to collect cash, but to force them to change their ways so competitors have a more level playing field. In this case, I believe it's the market for media players in question, and Microsoft was supposed to separate out Windows Media Player. It may sound like a small thing, but with the rise of pay-to-play video on the web, content delivery could easily be one of the biggest markets on the Internet within just a few years.

      Similarly, I thought splitting MS Office from MS Windows seemed reasonable. The point being, not to shut anything down, just to require Microsoft to expose their roadmap and APIs enough for other companies to get in the game. Yes, I can see why Microsoft would kick and scream and drag their feet on that. Having a lock on 95% of the market is pretty awesome, just look at their financial reports for the last 15 or so years in a row. But their dominance is not good for the market; not just for competitors, but for consumers (which in this case is mainly other businesses outside the computer industry).

    14. Re:so? by gehrehmee · · Score: 4, Insightful

      Strip MS of its copyright in the EU. Let people copy XP Pro & Office, hacked to work without keys & registration, as much as they like, with no legal ramifications, until an alternative platform is practical.

      --
      "You know, Hobbes, some days even my lucky rocketship underpants don't help" -- Calvin
    15. Re:so? by jkrise · · Score: 1

      You appear to have good karma, so I'll assume you're not trolling...

      What's wrong with killing people who jaywalk?

      The EU isn't killing MS, merely fining them for mis-conduct. What's unfair about that? Would it be fair that the EU simply watched dumbfounded as if nothing happened?

      I'm all in favor of Microsoft opening some of their interfaces, but let's face it -- there is NOTHING that Microsoft can do with their apps that a third party can't...

      The fact that MS is a monopoly IMPLIES that they have to open up their protocols and interfaces to competition. This is a fact of law, no need to be so condescending about it.

      Which third party can write a better client for MS Exchange than the bloated buggy Outlook?
      Which third party can write into NTFS in a reliable manner?

      --
      If you keep throwing chairs, one day you'll break windows....
    16. Re:so? by Ohreally_factor · · Score: 4, Insightful

      Actually, they're being fined for not complying with actions they were directed to take to correct for their misconduct. You can argue that the non-compliance is itself misconduct, but it's not the original misconduct that had to do with their monopolistic behavior.

      --
      It's not offtopic, dumbass. It's orthogonal.
    17. Re:so? by Salsaman · · Score: 4, Informative
      I'm all in favor of Microsoft opening some of their interfaces...

      That's exactly the point. The EU told Microsoft to do so two years ago, and Microsoft failed to comply. What else should the EU do other than fine Microsoft ? Hold a gun to Bill's head until he's finished writing the documentation ? Put the company executives in jail ?

    18. Re:so? by MarkByers · · Score: 4, Insightful

      Oh wow that should be so obvious that I'm surprised no-one has thought of it before. I think we have all gotten into the mindset that copyright is totally owned by the companies that wrote it that we almost forgot that it is the government that decides to allow copyright. Without the government's support, copyright is meaningless!

      It seems so obvious now!

      --
      I'll probably be modded down for this...
    19. Re:so? by Ohreally_factor · · Score: 5, Insightful

      No, the non-compliance wasn't about Windows Media Player so much as it was interoperability with other networking software.

      MS's attempts at compliance were deemed inadequate even though they protested that it was "too hard" to comply to the degree that the EU wanted. We'll see if it was $1,000,000,000+ too hard.

      This fine is more like a contempt of court charge, and doesn't let MS off the hook. They're still expected to comply.

      --
      It's not offtopic, dumbass. It's orthogonal.
    20. Re:so? by hxnwix · · Score: 1

      Yes. In the end, IBM will win out because they will do some kind of wheeling and dealing efforts to 1) reduce the judgements against them 2) establish an even stronger marketshare in the US such as FUDing Ahmdal into the ground, etc. Sadly, in the end it all works out for Armonk.

    21. Re:so? by Ohreally_factor · · Score: 1

      A billion here, a billion there . . . pretty soon it adds up to some big money!

      --
      It's not offtopic, dumbass. It's orthogonal.
    22. Re:so? by killjoe · · Score: 1

      Well it's a corporation. You can't jail it so you have to fine it. The only other option would be to put gates and ballmer in jail. A couple of years in the klink and they should probably be reformed. Even if they go to a country club prison it would be a real hardship for billionaires like them.

      --
      evil is as evil does
    23. Re:so? by killjoe · · Score: 4, Interesting

      "Microsoft owns what, 95+% of the global desktop OS market? How exactly do you shut down or prohibit a company from operating when they have that type of a market share?"

      Easy. Refuse to honor their IP. All MS copyrights in europe become public domain, all patents are invalid. Done deal.

      --
      evil is as evil does
    24. Re:so? by Anonymous Coward · · Score: 0

      However it comes, I suppose the EU would be happy with the money... whether it's bcos of the MisConduct, or non-compliance of penalties imposed after a MisConduct or non-conformance to the schedule of prescribed penalties after a non-competitive miscoduct, or... oh, whatever! A billion dollars is still a million, million dollars!

    25. Re:so? by Anonymous Coward · · Score: 0

      Is there something that you'd prefer?

      For Microsoft to act legally at all times... is that really too much to ask?

    26. Re:so? by djupedal · · Score: 1

      Microsoft owns what, 95+% of the global desktop OS market?

      Back the truck, up, Chuck....

      When it suits the argument, MS is credited with 'owning', however - another day and another argument and 45% of those 95%+ desktops are said to be unliscensed. Blow the dust out of that thing you call a brain and do a quick reality check, please.

      Yes, you can say "Sorry, you can't do business here" - it's easy, since there the only 'business' is funny and being done on the wrong side of the law to begin with. Two wrongs don't make a right.

    27. Re:so? by bobscealy · · Score: 3, Interesting

      Another possibility is the team was assembled to give the impression that they were trying to comply without the intent to comply. Perhaps they just underestimated the probability that they would be fined.

    28. Re:so? by Overly+Critical+Guy · · Score: 1

      That's just not true. Microsoft is being fined for not complying with the API disclosure the EU demanded. It doesn't matter if Microsoft has enough money to pay the fines, shareholders will not be happy with the company paying a multi-million dollar fine every day. As a result, Microsoft will be forced to change its behavior and provide the adequate documentation, which accomplishes what the EU wanted.

      The point of this isn't to destroy Microsoft or anything.

      --
      "Sufferin' succotash."
    29. Re:so? by Foofoobar · · Score: 1

      Actually this proibably wont work since so many governments (both city, state and country) have adopted open source, open standards or software that depends on those two in order to save many and interoperate. Europe is big on open source and have been major proponents.

      If Microsoft were to offer Windows free to governments and schools, they would be losing more than the daily fine and it would most likely still be rejected.

      No, Europe wants interoperability above all else and it's more than likely going to get it.

      The question is to what extent; I doubt Microsoft will gladly allow competing products to interoperate freely. But if they don't, they will more than likely get nailed even worse since Europe has now shown that they don't fuck around... and they don't put up with monopolists.

      Viva la European Union!!!

      --
      This is my sig. There are many like it but this one is mine.
    30. Re:so? by moochfish · · Score: 2, Insightful

      let's not jump to conclusions about how successful MS will be here. There seems to be enough political steam for this fine to actually happen. I'd say it's too early to say the EU will cave like the US did. MS is an American company, and as such, an American monopoly. The EU has a lot to gain by sending a clear message to MS and all future US monopolies who try to take economic advantage of the EU.

    31. Re:so? by rossifer · · Score: 1
      A billion dollars is still a million, million dollars!
      Please go back and repeat 5th grade.
      Actually, in the UK, he's right.

      Add three zeros to a million and you get a thousand million. Add three more and you've got a billion. Not really sure what to say at this point, because the Brits are completely screwed up on this, but at least they're consistently inconsistent with the rest of the world... Kind of like how the US is with SAE units (however, just about all work/industry is done with metric units, it's only street signs and consumer product packaging that still uses SAE units, so we're not even consistent about that).

      Ross
    32. Re:so? by dabraun · · Score: 0, Flamebait

      Flamebait? It's meant to be funny. A billion is a thousand million not a million million.

    33. Re:so? by Anonymous Coward · · Score: 1, Funny

      Hold a gun to Bill's head until he's finished writing the documentation ?

      Well, it's the EU, not USA.

    34. Re:so? by Kadin2048 · · Score: 4, Insightful

      I don't quite get the point of your comment. Your tone is negative, but everything that you say seems to agree with the post you (I think) were responding to.

      Copyright is granted by governments to legal entities (individuals and corporations); thus, what is granted can also be taken away. It's a grant, not an inalienable right.

      Although I don't think the E.U. has the cojones to actually do it, it wouldn't be totally outside their power (well, it might be -- I don't know whether the E.U. handles copyrights -- but as a government, fundamentally they wouldn't be) to strip an entity which didn't comply with its laws, of some of the protections afforded to compliant entities.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    35. Re:so? by dabraun · · Score: 1

      Ok, ok, didn't know that :)

      But this the billion we're talking about when calculating this fine and when referring to the size of MS's warchest of an apparent '38 billion' is a million + three more zeros.

    36. Re:so? by Anonymous Coward · · Score: 0

      Okay. Half of all the market is still half. This doesn't even come into play though, you still have 95% (and I suspect a little bit more than that, still.) of everybody using computers everywhere ONLY USING SOFTWARE THAT IS OR IS ON WINDOWS. That is where they get their monopolistic clout from. If all the sudden those 45% had to buy windows or dump it, what would happen? MOST (nearly all, we'll say 95% of them) would pay the money eventually, or not have a computer.

      So MS gets all the desktop software devs and games no matter how many people didn't pay.

      We'll turn this around just to drive it home.

      Say in the serverspace, an all-unix/linux shop has 95% of it's software and infra on Linux/Unix, and it's also difficult to
      "port to windows", or replace with windows software (a lot of places build custom solutions for their platform. Vonage, Numerous ISPs, SecondLife, Google etc.) All the sudden they can Switch to windows, or pay Linus %5 of their profits. How many will just pay to stay the same instead or redeploying their whole business on windows?

    37. Re:so? by Foofoobar · · Score: 0
      but let's face it -- there is NOTHING that Microsoft can do with their apps that a third party can't


      Ever heard of Shadow API's?? Microsoft got in trouble for this because they told companies how to work with their products through one API and in secret had their OWN products using different API's. The outcome? Their products ran faster.

      Since getting caught, they SUPPOSEDLY have stopped but that remains to be seen.
      --
      This is my sig. There are many like it but this one is mine.
    38. Re:so? by Vo0k · · Score: 4, Informative
      Add three zeros to a million and you get a thousand million.


      It's called milliard. At least in most of Europe.

      num - US - UK

      10^3 - thousand - thousand
      10^6 - million - million
      10^9 - billion - milliard
      10^12 - trillion - billion
      10^15 - quadrillion - trillion
      10^18 - quintyllion - quadrillion

      You need to specify Europe or US when speaking bignum, or you may end up 3 orders of magnitude away from desired goal.
      In Poland we say "Microsoft placi 1.4 miliarda dolarow" and nobody mentions billions of dollars that easily.
      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
    39. Re:so? by Vo0k · · Score: 4, Funny

      ....also, if EU was Really Really Mean, they'd say "Sorry, you didn't pay 1.4 billion, you paid only 1.4 milliard, that's 0.1% of what you should pay." and Microsoft would be deep under :)

      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
    40. Re:so? by OzRoy · · Score: 3, Informative

      But you don't rent your copy of windows. Forcing them to stop trading will not stop your current copy from working so your computer will not stop on that day. All it will mean is MS won't be able to sell Vista etc in EU countries, something that will hurt MS more than anyone else.

    41. Re:so? by Anonymous Coward · · Score: 0

      Time to shut the entire operation down and bring back capital punishment to deal with the employees.
      Those fucks will not get away with this.

    42. Re:so? by Usagi_yo · · Score: 1

      Microsft loses legal protection, 3rd party profiteers start copying and distributing Windows. Microsofts patents are held unenforceable. All protection against intellectual theft is gone.

      Yea, they can really hurt microsoft if they want to.

    43. Re:so? by Salsaman · · Score: 0, Troll

      Nobody expects the Spanish Inquisition !

    44. Re:so? by mattkinabrewmindspri · · Score: 1
      A billion dollars is still a million, million dollars!
      It looks like this fine would be over a U.S. billion(thousand million) but not anywhere near a European billion(million million).
    45. Re:so? by binkzz · · Score: 2, Informative

      Just to be a pain, over here in Holland (and several other European countries), it goes:

      million -> milliard -> billion -> billiard -> trillion -> trilliard.

      It would be correct to use billiard and trilliard in the UK as well, though it's not used.

      Reference: http://www.askoxford.com/asktheexperts/faq/aboutwo rds/billion

      --
      'For we walk by faith, not by sight.' II Corinthians 5:7
    46. Re:so? by fbjon · · Score: 2, Informative
      Not only the UK either, that system works in most of Europe. Basically: 10^6 = million; 10^9 = milliard, 10^12 = billion, 10^15 = billiard, and so on using the same pattern.

      See: long and short scale

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    47. Re:so? by MickDownUnder · · Score: 2, Informative

      So ... do you think Microsoft has gathered all it's employees and instructed them to collectively deceive the public ?

      It's not like they have done nothing, they have actually gone to some expense to comply with many of the anti-trust rulings, and information they have been required to produce is available, just not to the satisfaction of the EU's technical/legal advisors.

      You can find info on Microsoft's Communication Protocols here
      There's also a program which gives access to source code specifically trying to appease the EU here

      I mean it's pretty hard for Microsoft to defend themselves in this circumstance, where the group they are in dispute with is also the judge and jury.

      Have you thought perhaps maybe just maybe the EU has decided it'd like a slice of Microsoft war chest and has just decided it'll make up whatever excuse and take some.

    48. Re:so? by Anonymous Coward · · Score: 0

      Hehehehehe

    49. Re:so? by fbjon · · Score: 1
      I don't quite get the point of your comment. Your tone is negative, but everything that you say seems to agree with the post you (I think) were responding to.
      !WARNING:SARCASM ALERT!

      Increase detector sensitivity two clicks, raise the shields to 85%!

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    50. Re:so? by amorsen · · Score: 1

      A sentence has to be false in the view of whoever is saying it, for it to be sarcasm.

      it is the government that decides to allow copyright. Without the government's support, copyright is meaningless!

      These two statements are completely true. Are you implying that they are false? If so, what makes you believe that?

      --
      Finally! A year of moderation! Ready for 2019?
    51. Re:so? by andy753421 · · Score: 2, Insightful

      While that may be a good way to piss off Microsoft, I dont thing it would do much for anyone else either. It certainly not a very good solution to preventing a monopoly and helping Microsofts competitors.

    52. Re:so? by Sky+Cry · · Score: 1
      They cant really force anybody to stop using microsofts products, and they cant force microsoft to completly stop selling their products.

      But they can prohibit Microsoft from selling Windows Vista.

    53. Re:so? by Anonymous Coward · · Score: 0

      In many parts of the EU, a billion dollars is a million million dollars.

      Doesn't change the fact that OP should repeat the 5th grade, but so should
      you. Preferably not in an american shcool this time.

    54. Re:so? by jimicus · · Score: 1
      If they were, surely the most logical course of action would be for them to say "All right then"....

      ... and then 2 weeks later every PC in the EU with WGA installed mysteriously stops booting.

    55. Re:so? by Tough+Love · · Score: 1

      Honest question, not trolling... I'm wondering what they should really be doing, besides forcing Microsoft to stop doing business in member states as long as they remain noncompliant, perhaps.

      Easy. Make the fine ten to twenty times bigger so that compliance becomes non-optional. Which is exactly what the EU has in mind.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    56. Re:so? by GreatBunzinni · · Score: 1

      As far as I know, the citizens of certain european countries still have their fair share of rights. One of them is usage of copyrighted works without the copyright holder's authorization, as long as it is for personal use. So that means that at least in some european countries it is very possible and very legal to use a copy of XP without having to pay for a copy.

      --
      Slashdot, fix your code or at least hire someone who is competent at it to do it for you.
    57. Re:so? by tsa · · Score: 1

      Simple. Force them to use open standards for document- and other formats so everyone can use them. Force them to open their API's. Then see if they can keep their monopoly.

      --

      -- Cheers!

    58. Re:so? by Xiroth · · Score: 5, Informative
      Well, they'd have to break a treaty to do so, so I doubt they'd be willing.

      That's as far as I can tell, anyway - admittedly my knowledge on internation politics isn't crash hot.

    59. Re:so? by Anonymous Coward · · Score: 0

      I think that at least some of the fine should go to those who have been hurt by MSs illegal behaviour - the writers of Open Source software. There, it can do a great deal of good, not just to the authors but to the whole community.

    60. Re:so? by Anonymous Coward · · Score: 0, Flamebait

      So they gave microsoft some time to prepare documentation that would be available to competitors.

      They also refused to clearly define what documentation they wanted. In so much as they refused to put any of it in writing, for fear that their demands could be used against them in court.

      For a fee. With no recommendation to give it away, or how much to charge for it.

      That the EU must approve.

      And to this today - microsoft has not yet complied, and are still working on documentation for an OS that was written a couple of years ago.

      To this day, Microsoft has produced over 12,000 pages of documentation that DID NOT EXIST a year ago. The EU refused to state WHAT specifically is inadequate about this documentation, rather they just say it is unusable. What measure did they choose to decide the usability of the documentation? They gave someone with no background in the relevent technology a week to implement everything required to add a user to a domain from scratch.

      Every developer worth their money has pre-project documentation, code documentation, end user documentation (for things such as api's and libraries).

      What leasd you to believe this sort of documentation meets the EU requirements?

      And - most of windows is documented in such a way if said libraries and api's were ever intended to be used by someone out of microsoft.

      The functionaly being documented was never intended for use by non-Microsoft software or programmers.

      Sorry - as far as i know they didnt comply, had well over a years time and are still arguing about their case.

      As far as you know they did comply, and the EU commission is doing its best to "make sure" that they didn't.

      But this is slashdot, you're a linux "fan", and all that matters to you is that Microsoft is punnished for shipping a media player that isn't as shit-tastic as Real.

    61. Re:so? by Zemran · · Score: 1

      The EU does not control individual countries copyright laws and as such cannot 'TELL' individual countries what to do. The EU can take a decision which the individual countries can follow and are unlikely to refuse to do so unless it is completely stupid.

      For example the EU decided that computer functions etc. are not copyrightable and it is up to the individual countries whether or not to allow the copyrighting of computer functions. It would be stupid of one country to allow such a copyright when the others do not as it would only hurt that country... etc.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    62. Re:so? by Anonymous Coward · · Score: 0

      It's completely reasonable not to document the full capabilities of a framework or software component. Publishing an interface is a big deal, since a published interface is set in stone for eternity. It's simply good design practice to expose as little information as possible about how to exploit/abuse the internals of a component.

    63. Re:so? by tsa · · Score: 1

      Forbid the sale of M$ products that don't comply to the EU's demands.

      --

      -- Cheers!

    64. Re:so? by Sique · · Score: 2, Informative

      Most european countries don't grant copyrights, they have signed the Berne Convention, which indeed states an inalienable right to the Author of a Work of Art. But this right is bound to the author himself and can not be contracted away (there is no work for hire in the Berne Convention). According to the Berne Convention MS Windows and MS Office would have hundreds and thousands of authors, and it's just for the sake of simplicity that Microsoft can act with power of attorney for those authors, but only for those derivated rights that come from Authorship and are an explicit part of the work contract. So Microsoft would not be allowed to agree to a completely new usage of the Work (e.g. using its binary sequence to generate music scores) for itself, but it would be forced to get the permission from the original authors.

      All that said: A signature state of the Berne Convention can NOT suspend copyright.

      --
      .sig: Sique *sigh*
    65. Re:so? by Yvanhoe · · Score: 1

      It doesn't really mean all that much. Microsoft will do some kind of wheeling and dealing efforts to 1) lower the fine and 2) establish an even stronger marketshare in the EU such as giving away windows/office/etc to schools, businesses, etc. Sadly, in the end it all works out for redmond.


      I don't think they wait to be fined to do 2). The goal is not to harm MS, it is to force it to comply with the local law. The better way for them to lower the fine is to comply to the ruling. If they don't, the fine will be raised until they do so. I am not quoting this from any source, but the goal of that kind of ruling is to enforce something, it is not to put a price on the right to transgress the law.

      By the way, IANAL but I think that now, competitors to MS could attack them for damage more easily than before, as MS is recognized as fraudulent for a certain period.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    66. Re:so? by Fulcrum+of+Evil · · Score: 1

      Actually, in the UK, he's right.

      No, he was right. The Billion = 10^9 convention has mostly displaced the older definition.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    67. Re:so? by KDR_11k · · Score: 1

      I mean it's pretty hard for Microsoft to defend themselves in this circumstance, where the group they are in dispute with is also the judge and jury.

      Have you thought perhaps maybe just maybe the EU has decided it'd like a slice of Microsoft war chest and has just decided it'll make up whatever excuse and take some.


      Separation of powers. The court is independent of the politicians and the judge is required to be unbiased (you know, just how a justice system works). Of course a judge could be corrupt but such a problem exists everywhere. Comparison: Do you see the SCOTUS ignore the constitution because the ruling party would prefer a specific outcome?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    68. Re:so? by Zemran · · Score: 1

      I think that this is exactly what happened and I think that it is inexcusable that a legal team that are paid that much could do something that stupid. In the US lawyers look for the letter of the law and look for loop holes whereas in Europe they are expected to have the intelligence to understand the meaning or essence of what is being said and the court takes offence when someone tries to trick them... I think that the legal team let the US bosses control the play when they should have had Europeans in control.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    69. Re:so? by Instine · · Score: 1

      "2) establish an even stronger marketshare in the EU such as giving away windows/office/etc to schools, businesses, etc."

      I wouldn't bank on it. This could dig them in deeper. And in the UK at least, they may be fighting yet another front shortly. It may not sound such a biggy, but believe me BECTA is educational IT in the UK. Read here

      --
      Because you can - or because you should?
    70. Re:so? by Roberto+Salieri · · Score: 1

      We moved to the 1,000 million definition of a billion ages ago. Only a few die-hards are keeping to the million million definition. Everyone else probably doesn't have a clue that we ever used the million million definition at all.

    71. Re:so? by KDR_11k · · Score: 1

      AFAIK software patents were possible in the EU even before the debate came up but the procedures were more complicated. Also the standards for getting a patent on software are very high, the goal of the pro-swp side was to make patents like Amazon's one-click possible in the EU.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    72. Re:so? by GreyPoopon · · Score: 5, Informative
      So ... do you think Microsoft has gathered all it's employees and instructed them to collectively deceive the public ?

      No, it's more like Microsoft HASN'T gathered its employees to clearly document interfaces in compliance with the EU ruling.

      You can find info on Microsoft's Communication Protocols here

      I believe the EU (and Microsoft competitors) already responded to that. The documentation isn't clear enough, and conveniently leaves out many hidden details that continue to provide Microsoft with a competitive advantage.

      There's also a program which gives access to source code specifically trying to appease the EU here

      And if you read the pages behind the link you provided, you'll see very clearly that the program has ROYALTIES attached to it. It would be acceptable to charge a reasonable one-time fee for technical documentation, but ROYALTIES??

      I mean it's pretty hard for Microsoft to defend themselves in this circumstance, where the group they are in dispute with is also the judge and jury.

      Not really true. The "judge and jury" has only become part of the dispute because Microsoft has failed to comply with their previous judgement.

      Have you thought perhaps maybe just maybe the EU has decided it'd like a slice of Microsoft war chest and has just decided it'll make up whatever excuse and take some.

      Have you considered that Microsoft is, as usual, trying to get away with the appearance of compliance while at the same time continuing to milk their own cash cow?

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    73. Re:so? by DrXym · · Score: 1
      I'm all in favor of Microsoft opening some of their interfaces, but let's face it -- there is NOTHING that Microsoft can do with their apps that a third party can't. It just requires the third party to write more software that looks like native stuff. Big deal.

      Yes there is. Microsoft can install their software by default on people's machines. This in itself enough that the vast majority of users will never go looking for anything else to use. Competition doesn't merely suffer - it dies on the vine.

    74. Re:so? by Raphael · · Score: 4, Interesting
      I thought the EU does not permit software patents, as on date. Any MS patents are null and void in the EU as it is.

      Except that the European Patent Office (EPO) claims that they are not regulated by the EU. They say that they were formed before the EU (as we know it today) and therefore they only have to report to individual countries instead of reporting to the EU. And since these countries cannot agree on a common action against the EPO, then the EPO can keep on using their weird interpretation of the patent treaty: according to the EPO, software as such cannot be patented but it can be patented if that software is running on a computer.

      --
      -Raphaël
    75. Re:so? by ScouseMouse · · Score: 4, Insightful

      You can find info on Microsoft's Communication Protocols here
      ....which are licensed under terms that their main competitors in this space (SAMBA) cant subscribe to, and according to the person who looked at them for the EU (And was even recommended by MS) are incomplete, and not nearly enough to actually implement them.

      here's also a program which gives access to source code specifically trying to appease the EU here

      Which getting leaves anyone reading them open to accusations of copyright violations if they even look at them.

      Personally, i think that the fact that the communication protocols that the majority of the world rely on, appear to not be properly documented, a rather scarry state of affairs.

    76. Re:so? by Warg!+The+Orcs!! · · Score: 1

      Very Interesting.
      I'm not sure how the mish-mash of EU and national laws handle copyright. If it goes like most EU things then there is an overall EU regulation that sets a minimum acceptable standard but the nations are free to elaborate upon that standard as they see fit. In that case it wouldn't be up to any of the EU bodies (Commission or Parliament) to remove copyright protection. It would be up to the member states themselves. Getting THEM to strip copyright protection would be tricky. There would be too many vested interests screaming bloody murder at their tamed political puppets for that to happen. Can you imagine Silvio Berlusconi (http://en.wikipedia.org/wiki/Berlusconi/) agreeing that copyright protection be removed from monopolies?

      --
      Travelling forward in time at a rate of 1 second per second.
    77. Re:so? by evgen88 · · Score: 1

      Meh, I'm sure they'll just start getting grants from the Gates fund to help all the underprivileged children in France, England and other third world countries in EU and they'll let bygones be bygones!

    78. Re:so? by AnotherDaveB · · Score: 1
      While I find some of Microsoft's business practices to be anticompetitive, handing over monies to governments isn't really going to do anything.

      It's a fine. The theory is that MS will find having to "hand over monies" unpleasant and choose to comply with the terms of the EU commission's 2004 ruling to avoid having to "hand over monies" again.

      Similiar choices between between "hand over monies to government" OR do not drive your car faster than the legal speed limit have proven sucessful.

      Giving money to competitors won't help anything, since they won't learn to be competitive with handouts...

      To the best of my knowledge none of the governments of the EU member states see themselves as competitors to MS.

      (From the article) Microsoft was instructed by European regulators to share its Windows communications protocols with competitors,

      MSs competitors are being given documentation to enable them to interact with MS systems, not money.

    79. Re:so? by Saint+Fnordius · · Score: 1

      Actually, once you leave the English language the UK version of "billion" is the more common form. For example, in French, the US form of "billion" is "milliard", and in German it's "Milliarde". I think the use of "milliard" is even growing in Great Britain and Ireland.

    80. Re:so? by hansreiser · · Score: 1
      How exactly do you shut down or prohibit a company from operating when they have that type of a market share?

      Use Linux and MacOS X and Solaris. Oh dear, I am going to be moderated as obvious.....

    81. Re:so? by ChristW · · Score: 1
      I thought the EU does not permit software patents, as on date. Any MS patents are null and void in the EU as it is.


      AFAIK there are hundreds, if not thousands, of software patents issued by the European Patent Office. Wether they're legal or not remains the question...
      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    82. Re:so? by Pingla · · Score: 1
      I think you misread here. What was said was:

      Honest question, not trolling... I'm wondering what they should really be doing, besides forcing Microsoft to stop doing business in member states as long as they remain noncompliant, perhaps.

      This was just a suggestion as to what a perhaps more effective sanction/penalty would be.
    83. Re:so? by Demena · · Score: 1

      You are correct, but not entirely. When Borland released "Paradox" it ran significantly and observably faster and had less bugs than the (late as ususal) MS database offering. When asked for a response a senior Microsoft executive responded "That is because they slavishly followed the APIs we gave them rather than using internal shortcuts". So, despite the shadow APIS, MS products did not always run faster.

    84. Re:so? by jandersen · · Score: 1

      I don't think so. The EU have in the past doled out some very hefty fines and made sure they got the money. They will do the same to Microsoft. And if MS don't want to pay, the EU can always start seizing their assets.

    85. Re:so? by Anonymous Coward · · Score: 0

      But you don't rent your copy of windows. Forcing them to stop trading will not stop your current copy from working so your computer will not stop on that day.

      It's a good job Microsoft can't implement anything like a "kill switch".

    86. Re:so? by Anonymous Coward · · Score: 0

      Well, they'd have to break a treaty to do so, so I doubt they'd be willing.

      That's never stopped the USA. Why should Europe be any different?

    87. Re:so? by jez9999 · · Score: 1

      Dunno what UK you've been to, but in my UK we do things the US way. 1,000,000,000 is almost always a billion.

    88. Re:so? by red3dwarf · · Score: 1

      Er, no.

      In the UK, we don't use milliards and billiards is a ball game like snooker or pool. I'm 34 and I've never heard the word milliard before - maybe it's for old folks or young folks?

    89. Re:so? by hyfe · · Score: 1
      FYI I have never, ever heard of fines being payed with freebies here in Europe. I mean, the concept is pretty much laughable.

      As far as I've understood, this happens in the US due to out-of-court settlements right? Well, there is no such thing in any of our court systems.

      --
      "" How about taking the safety labels off everything, and let the stupidity-problem solve itself? """
    90. Re:so? by persnowfall.se · · Score: 1

      The WTO would go w00t and WTF, then tell the EU to RTFM, the one on international trade that is...

    91. Re:so? by Haeleth · · Score: 2, Informative

      Easy. Refuse to honor their IP. All MS copyrights in europe become public domain, all patents are invalid. Done deal.

      That would be the nuclear option in the ongoing trade wars with the USA. America would retaliate in kind, and the likely outcome would merely be to increase the rate of economic decline in the West and economic growth in neutral powers such as India and China.

      I doubt either the USA or the EU would see this as a beneficial outcome.

    92. Re:so? by sam_paris · · Score: 1

      Since when?

      I took physics a-level and computer science at durham uni in the UK and 10^9 has always been a billion. Milliard? What sort of crack have you been smoking?

    93. Re:so? by SleepyHappyDoc · · Score: 1

      How exactly do you shut down or prohibit a company from operating when they have that type of a market share?

      Declare their products to be public domain in the EU. If Microsoft doesn't like it, their army can take it up with the armies of the EU nations, or they can stop pussy-footing around and toe the line. These are governments we are talking about...they get to write the laws. A public domain Vista would remove much of the interoperability issues, as that nicely solves any non-disclosure problems as well as permitting more drastic techniques to create the necessary interoperability, and making their product a free download from the government would hurt the company without hurting the end users, making it a good (albeit, somewhat 'nuclear') punishment.

      --
      Stasis is death. Embrace change.
    94. Re:so? by ajs318 · · Score: 2, Insightful

      But that's the whole point. This could just never, ever happen with Free Software. All that would happen is that we would go back to an earlier version -- which we had already been granted an irrevocable licence to use -- and modify it to behave just like {or, preferably, better than} the latest, restricted version.

      In fact, that's exactly what did happen with the X Window System.

      Anyway, governments can issue Compulsory Purchase Orders e.g. to buy land that is required for road building projects or similar schemes, where the importance to Society At Large is deemed great enough. If "intellectual property" is so much like real property, it ought to be equally subject to CPOs. I suggest to compulsorily purchase the copyright on all versions of Windows for 0.01 {which will have to be paid as a cheque, since the smallest coin is 5; this probably will be swallowed up by bank charges, since Microsoft is a company and so doesn't get free banking} and immediately dedicate it to the Public Domain.

      --
      Je fume. Tu fumes. Nous fûmes!
    95. Re:so? by Anonymous Coward · · Score: 0

      IP law is national law in the eu. that's why the pirate bay still works. no eu legislation here, thank you.

    96. Re:so? by Haeleth · · Score: 1

      Ever heard of Shadow API's?? Microsoft got in trouble for this because they told companies how to work with their products through one API and in secret had their OWN products using different API's. The outcome? Their products ran faster.

      This is a myth.

      While Microsoft did indeed have some undocumented APIs that were used by Microsoft applications, they certainly were not designed to make products "run faster". They're just a ragtag bunch of random helper functions and low-level interfaces of extremely limited utility. See this for the documentation they were forced to release as part of the antitrust settlement in the USA.

      I cannot find a single example in that lot of anything that is merely a faster equivalent of an existing Win32 function.

    97. Re:so? by Gwyn_232 · · Score: 1

      The UK stopped using "milliard" (and billion for 10^12 etc) decades ago. We now use the same denominations as the US.

    98. Re:so? by POPE+Mad+Mitch · · Score: 1

      To this day, Microsoft has produced over 12,000 pages of documentation that DID NOT EXIST a year ago. The EU refused to state WHAT specifically is inadequate about this documentation, rather they just say it is unusable. What measure did they choose to decide the usability of the documentation? They gave someone with no background in the relevent technology a week to implement everything required to add a user to a domain from scratch.


      At the start of this case Microsoft were asked to select a number of independant parties that they felt could fairly evaluate their compliance, the EU chose one from the set (Prof Neil Barrett) to be the one. He is the one that has declared that the documentation is not upto scratch. So MS have nobody but themselves to blame.
    99. Re:so? by locofungus · · Score: 1

      Dunno what UK you've been to, but in my UK we do things the US way. 1,000,000,000 is almost always a billion.

      And even when it wasn't (1970's and before?) 1,000,000,000 was a thousand million.

      I've never heard milliard used in the UK.

      Tim.

      --
      God said, "div D = rho, div B = 0, curl E = -@B/@t, curl H = J + @D/@t," and there was light.
    100. Re:so? by shd666 · · Score: 1

      > 10^12 - trillion - billion
      > 10^15 - quadrillion - trillion

      No, in the UK system it is 10^(prefix * 6) where prefix is "Bi -> 2", "tri -> 3", "quad -> 4", so that billion = 10^(2*6) = 10^12, trillion = 10^(3*6) = 10^18 and quadrillion = 10^(4*6) = 10^24. The US system uses formula: 10^(3+prefix*3) and thus billion = 10^9, trillion = 10^12, ...

    101. Re:so? by Anonymous Coward · · Score: 0

      Although you are correct, when the US billion was adopted in the UK after WWII it was supposed to be used only in parliament to avoid confusion between a 'real' billion and a US billion.
      Parliament discussed sometime in 1948 and Hansard recorded it but currently they do not seem to have digitised that era.

      It was never supposed to leak over into standard English language as that would, can and still does, cause some confusion.

    102. Re:so? by Tony+Hoyle · · Score: 1

      Can you imagine the fines if that happened?

      Governments would get involved. It would get very messy.

      Most of the world is already somewhere between distrustful and hostile to the US... for some countries that would be enough to start chucking diplomats out.

    103. Re:so? by Tony+Hoyle · · Score: 1

      The EU isn't a government it's a collection of unrelated governments bound by treaty.

      Similarly the EU court (which is separate) is also a product of the same treaty. It has some power over member states but only to enforce already agreed EU law - it couldn't unilaterally alter copyright status of Windows.

    104. Re:so? by Anonymous Coward · · Score: 0

      That's a two way street though. Don't forget, you don't own a copy of windows, you have only paid a licensing fee that allows you to use their software on terms set by them and have also agreed that they reserve the right to change those terms at any time, for any reason, without notice.

      I think Bill should just say screw it and void out all end user licenses, shut down all of their offices, and cease all operations, updates, support, and everything for users in the EU and then relocate to the non-EU countries. The EU needs Microsoft more than Microsoft needs them.

      It is absolutely stunning how many things you interact with every day that seemingly have no connection to computers at all, but are run or controlled by Windows based systems. It would be utter and complete chaos if MS pulled that little stunt.

    105. Re:so? by jacksonj04 · · Score: 1

      What does SI say about this? Anyone?

      --
      How many people can read hex if only you and dead people can read hex?
    106. Re:so? by akozakie · · Score: 1, Offtopic

      You skipped billiard for 10^15. Some speak about trilliards, but as far as I remember it's not really used, it's (in Polish) milion-miliard-bilion-biliard-trylion-kwadrylion.. .

      And put a stress on the word _most_ (of Europe) - the Brits are going to flame you to hell. ;-)

      The european (incl. polish) system is actually worse - it would be just as good if it was coherent (quintilliard, etc.), but - as it is - it only introduces confusion. Especially now, that not-quite-well-educated journalists translate US news, constantly making that sort of mistakes, so we learn about e.g. (true story, a few years ago, the $$$ might be a bit off though) the B2 stealth bomber costing "okolo 2 biliony dolarow za sztuke" - that would be "about 2 trillion dollars per plane" (!), a bit much... The US could probably afford about one every 2 years, if they seized funding anything else with their current military budget.

      I would definitely vote for switching to the simple american system (EU could probably force that), but it would take many years of serious confusion. Not that it's something we didn't see before - just look at the "fun" the USA is having with the metric system, and how well the change is going...

    107. Re:so? by Anonymous Coward · · Score: 0

      "Hold a gun to Bill's head until he's finished writing the documentation ?"

      Like that'd do any good. Hard headed as Bill is, I don't think the best armour piercing shells could get through.

      "Put the company executives in jail ?"

      What would tormenting felons by exposing them to Ballmer's Bastards accomplish?

    108. Re:so? by Anonymous Coward · · Score: 0

      It would onlt be different if a treaty actually did stop a European country from doing something. It has certainly never worked in the past thousand years.

    109. Re:so? by Anonymous Coward · · Score: 0

      Well they put the Anchor Butter executives in jail for selling butter that was too high quality in Europe (thus breaking the "premium butter" quota), so why not jail microsoft executives for documentation that is too low quality?

    110. Re:so? by Anonymous Coward · · Score: 0
      The european (incl. polish) system is actually worse - it would be just as good if it was coherent (quintilliard, etc.), but - as it is - it only introduces confusion.
      It is consistent in German: Million, Milliarde, Billion, Billiarde, Trillion, Trilliarde, Quadrillion, Quadrilliarde, etc.
    111. Re:so? by rogerbo · · Score: 4, Insightful

      jail terms for directors. It's the only way corporations will change their ways. Why should a corporation as a whole be held to a lesser moral standard than an individual is?

    112. Re:so? by Schraegstrichpunkt · · Score: 1

      SI has its own problem... How to pronounce "giga-".

    113. Re:so? by Schraegstrichpunkt · · Score: 1
      All that said: A signature state of the Berne Convention can NOT suspend copyright.

      There may be consequences, yes, but you are fundamentally wrong.

    114. Re:so? by ultranova · · Score: 1

      All that said: A signature state of the Berne Convention can NOT suspend copyright.

      But a signatory state of any convention can refuse to adhere to said convention anymore. A convention is, in the end, a piece of paper; it doesn't have the power to prevent anyone from disobeying.

      Such disobedience may, of course, draw an attack from the US, since that country is increasingly controlled by copyright lobby; but even the US would think twice before taking on all the EU countries, especially since European a major war against European countries might rekindle nationalism and militarism in them, and the last thing anyone wants is the European countries regaining their spine and ambition - the world wars made clear what happens then. Of course it might happen anyway, since the generation that remembers war is dying off, and time is making horror seem glorious. It's just a matter of time before Europe returns to its historical constant warfare, I guess...

      Anyway, a signatory state of the Berne Convention can suspend copyright, provided it has enough military power to keep anyone from forcibly reasserting it.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    115. Re:so? by Anonymous Coward · · Score: 0

      since always. durham must be crap if they can't get that right.

    116. Re:so? by SillyNickName4me · · Score: 1

      So ... do you think Microsoft has gathered all it's employees and instructed them to collectively deceive the public ?

      Maybe not all, but most of them? yes, definitely. This is in fact a pretty normal thing to do for a company.

    117. Re:so? by killjoe · · Score: 1

      "That would be the nuclear option in the ongoing trade wars with the USA. America would retaliate in kind, and the likely outcome would merely be to increase the rate of economic decline in the West and economic growth in neutral powers such as India and China."

      It would be a happy day for me. I would love to see all patents revoked everywhere.

      BTW copyright, patents etc don't have much standing in china and india now, it would not make that much of a difference for them.

      --
      evil is as evil does
    118. Re:so? by Sique · · Score: 1

      Ok... but this amounts to 'pacta non sunt servanda'. So let me rephrase that: Under the Berne convention copyright can not be suspended. A state indeed can suspend the whole Berne convention.

      --
      .sig: Sique *sigh*
    119. Re:so? by ultranova · · Score: 1

      Easy. Refuse to honor their IP. All MS copyrights in europe become public domain, all patents are invalid. Done deal.

      That would be the nuclear option in the ongoing trade wars with the USA. America would retaliate in kind, and the likely outcome would merely be to increase the rate of economic decline in the West and economic growth in neutral powers such as India and China.

      Actually, getting rid of a large number of patents and moving a large amount of works, which have a lot of commercial use and value, into the public domain would likely help, not hurt, the economy of both US and EU.

      After all, a company that doesn't need to pay the Microsoft tax can invest that money productively - increased production capacity, research & development, give it away as dividends that allow the shareholders to invest it in other companies, etc. Apart from this, various other software vendors - including free ones - would be able to get much better interoperability with Microsoft products since they wouldn't need to jump through the loops anymore, and Microsoft products themselves could be substantially improved if the source code was available and could be used.

      And of course getting rid of patents always helps economy, since it allows improved offerings from 3rd parties and thus encourages competition.

      It would be pretty much the best-case scenario for everyone except Microsoft.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    120. Re:so? by SillyNickName4me · · Score: 4, Informative

      It's completely reasonable not to document the full capabilities of a framework or software component.

      They have explicitly been ordered by court to document the full capabilities of certain frameworks and protocols. There have been long arguments about it and the judges found that in this case it is completely unreasonable for Microsoft to keep those secret for a huge variety of reasons mostly relating to Microsofts market position and behavior. Had they been reasonable themselves in past times, this would not have happened.

      It is completely reasonable to expect a company to comply with the law and court rulings in a territory where they want to do business

      Publishing an interface is a big deal, since a published interface is set in stone for eternity.

      And if they don't document them properly how are their own products going to work? Oh, and changes can be dealt with by updates to the documentation (silly concept eh?)... Oh, those don't exist? back to square one, how is your own software supposed to implement them..

      It's simply good design practice to expose as little information as possible about how to exploit/abuse the internals of a component.

      1. Hiding your implementation details is not a design decision, it at best a way to hide the idiocy of your design decisions
      2. Keeping interfaces obscure is not helping the non exploitability of Windows at all. Not only is this argument well known to be false (security through obscurity), Microsoft's products also show how consistently it fails in the real world.

      So.. the only argument you have there is that it is in itself reasonable for them to want to hide certain information. Too bad that due to their own misbehavior in the past, they are not allowed to hide some information that they'd like to keep hidden. Since they didn't comply, they got fined.

    121. Re:so? by MrNemesis · · Score: 1

      Don't even boter with that. If they refuse to comply with the rulings, seize MS's European assets. All of a sudden all that IP laying in the EU domain becomes the property of the EU.

      Whilst I'm not so totallly naive to assume that some folks in the Euro pariliament won't try and make a fast buck by flogging the IP to the highest bidders (who will, in turn, try and flog it so OSS projects for ridiculous fees), it would be enough to completely destablise MS's European market - which is, lest we forget, bigger and more profitable (IIRC) than that of the US.

      As long as the EU still ahs the balls to follow this through to the bitter end, MS is in a lose-lose situation. It's just a question of which is the least worse scenario - 1) opening up their protocols, 2) losing the European market, or 3) paying a fortune in fines only to be forced to choose between 1) and 2) somewhere else down the line. And, lest we forget, 1) and 2) will both lead to colossal gains for alternative software *worldwide*.

      --
      Moderation Total: -1 Troll, +3 Goat
    122. Re:so? by walt-sjc · · Score: 1

      No, but they can seize assets when a company to comply with a court order. It would be interesting to see the EU "own" windows.

    123. Re:so? by irc.goatse.cx+troll · · Score: 1

      So you'd rather they ship an empty OS? or include 5 dvds of every single competition that they can legally redistribute? I don't see where theres a better alternative.

      As a windows user, I'd love to see microsoft ship more useful apps. Save me a ton of time whenever I do a new install. I'd only wish that their built in stuff uninstalled easier (see: msn, ie). I honestly can't expect them to include aim, gaim, trillian shareware, psi, yahoo, and every other third party client. All that would do is confuse and hurt the users.

      At the ame time, not even including msn leaves a lot of the users out in the cold as they don't know any better but would love to be able to easily message their grandkids the way built in msn lets them.

      How would you have it?

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    124. Re:so? by jimicus · · Score: 2, Funny

      They wouldn't be able to levy any fines. They'd be too busy trying to get their computers to work.

    125. Re:so? by a_n_d_e_r_s · · Score: 1

      Actually EU has NO LAW governing patents whats so ever. So EU cant say squat right now. There has been several atempts to get get laws into place to get EU governance over patent laws within EU countries but they have been thrown out. Mostly because of the software patent issue.

      Many countries in EU dont allow software patents although EPO allows them - this a struggle for EPO to get all countries to accept software patents and althugh it is against the foundation from which EPO once was created.

      --
      Just saying it like it are.
    126. Re:so? by Anonymous Coward · · Score: 0

      ROYALTIES, that's so easy.
      1. Get the info from Microsoft
      2. Make an OSS project
      3. get no profit - pay no royalties
      4. PROFIT!!!

    127. Re:so? by DrXym · · Score: 2, Informative
      So you'd rather they ship an empty OS? or include 5 dvds of every single competition that they can legally redistribute? I don't see where theres a better alternative.

      A better question is why a full blown media player, music ripper, web browser, or other application should even be considered part of the OS. But if Microsoft are going to ship such things and freeze out the competition, then yes they should be required to ship alternatives on their DVD. Since they have 1.2Gb of space left even on the largest Vista dist, this does not seem unreasonable. Alternatively they could put a very straightforward post-installation step which offers to download their own, or competitor's products from the web or from a supplemental disk.

      Neither option is insurmountable or technically challenging.

    128. Re:so? by SillyNickName4me · · Score: 1

      To this day, Microsoft has produced over 12,000 pages of documentation that DID NOT EXIST a year ago. The EU refused to state WHAT specifically is inadequate about this documentation, rather they just say it is unusable. What measure did they choose to decide the usability of the documentation? They gave someone with no background in the relevent technology a week to implement everything required to add a user to a domain from scratch.

      Depending a bit on complexity, a week is probably too short, but expecting that documentation for a protocol tells you all you need to know to implement it without prior knowledge of the protocol (but with prior knowledge of programming languages and general understanding of the kind of thing the protocol is used for) is quite a good norm for this. Please try to understand the purpose of the ruling. As some others noticed, complying with the letter while breaking the spirit of a rule is not generally accepted in EU courts, so you can look for the letter that allows MS to do what they do now, but since it is clearly against the spirit of the rulling, they'll still be seen as non compliant.

      Filling page upon page with information and yet leaving out some essential parts is a very good way to make it look like you comply while in fact you don't comply on purpose. It looks like they quite managed to fool you (and some others)

      The functionaly being documented was never intended for use by non-Microsoft software or programmers.

      But was supposed to be used by MS' own products. You seem to have forgotten about not being allowed to use your monopoly position in one market to obtain one in another market. Basicly, due to them being an effective monopoly, they are not allowed to do this.

      As a matter of fact, when is the US government finally going to enforce their laws with regards to that?

      As far as you know they did comply, and the EU commission is doing its best to "make sure" that they didn't.

      As far as I can tell, the only way to get some software to write to ntfs is either by using Windows, or by lots of reverse engineering. This is because the appropriate documentation for it is not available.

      Come again with 'they complied'. As was to be expected, they tried to follow the letter and ignored what the ruling was about.

      But this is slashdot, you're a linux "fan", and all that matters to you is that Microsoft is punnished for shipping a media player that isn't as shit-tastic as Real.

      Ah, so you do not really know what the issue is here to begin with, well, that explains your badly informed post at least in part.

      For your information, this is not about media player.

    129. Re:so? by Anonymous Coward · · Score: 0

      Wow! All of this discussion about who can grant (or retract) a copyright, be it the EU or the individual countries, when in the end it doesn't matter. A copyright doesn't stop anybody from doing anything, it doesn't prevent people from copying anything, or hacking anything, and nobody is sitting in jail for copyright infringement. A registered copyright only defines what is and what is not infringement, and provides a clearly defined legal avenue for the holder to sue an infringer. Copyright is a civil matter not a criminal matter, and you can pretty much sue anyone for anything (winning is a different matter) with or without a copyright. A registered copyright shows proof that a work is in fact yours to protect, and I don't think MS needs a whole lot of proof that Windows as a whole belongs to them. Besides they have the EULA that you have to agree with to install and use the software, and they could potentially put anything in there that could be repealed by a government.

    130. Re:so? by nachtkap · · Score: 0

      a bit much text for saying that:
      "The EPO has its seat in Munich, Germany".

      Everybody would have know whats going on since we germans run the show in there....
    131. Re:so? by schwit1 · · Score: 1
      "It would be pretty much the best-case scenario for everyone except Microsoft."

      And Microsoft's shareholders.

    132. Re:so? by Anonymous Coward · · Score: 0

      Not quite.

      NUM - short - long

      10^3 - thousand - thousand
      10^6 - million - million
      10^9 - billion - (milliard)
      10^12 - trillion - billion
      10^15 - quadrillion - (billiard)
      10^18 - quintillion - trillion

      See http://en.wikipedia.org/wiki/Long_and_short_scales .

    133. Re:so? by zootm · · Score: 1

      I don't think that completely invalidating a reasonably-universal law which is bound by several internation treaties and so forth for a single case would be "easy", or sensible in the slightest. It would have the effect of prohibiting the company from operating, but another (just as sensible) way to do that would be to seize all of Microsoft's assets. Or kill their board of directors.

      Love them or loathe them, using IP laws in a single case to leverage someone would be stupid on a level rarely before seen by man. It wouldn't be fair, it would set a ridiculous precedent, it would break down relations with other countries, it would fuck over the economy, and it would cast many other businesses' assets into doubt.

      I personally believe that IP laws should be reformed in some ways, and prevented from further measures attempting to make them stricter (DMCA and so on). Showing that the government (or a consortium of governments, of all things) is willing to simply sidestep a law which is of utmost importance in modern life when it feels like it would undermine all of the efforts to reform the law and many of the things which rely upon this law.

    134. Re:so? by infofc · · Score: 1

      England adopted the US convention many many years ago, as with so many other things. But yes I suppose that in most other European languages it's called millard

    135. Re:so? by FireFury03 · · Score: 1

      Not really sure what to say at this point, because the Brits are completely screwed up on this, but at least they're consistently inconsistent with the rest of the world.

      Maybe the rest of the world is screwed up... AFAIK the British billion predates the American billion which has been adopted worldwide. In any case, the British billion is rarely used in Britain these days.

      The US billion tends to fit in with the SI units a bit better anyway:
      - Kilo == Thousand
      - Mega == Million
      - Giga == Billion
      - Tera == Trillion

      Although it does mean you have to remember more names for dealing with increasingly massive numbers. :)

    136. Re:so? by zootm · · Score: 1

      Actually, getting rid of a large number of patents and moving a large amount of works, which have a lot of commercial use and value, into the public domain would likely help, not hurt, the economy of both US and EU.

      And breaking international treaties on copyrights while you're at it? I'm no fan of software patents, but it's important to note that the EU does not currently have software patents, so this is solely a matter of copyright. I personally believe that Microsoft's software should not be in the public domain as yet. They still make a reasonable profit from it, and it's generally pretty new.

      Software patents are a bad idea though, yes.

      Microsoft products themselves could be substantially improved if the source code was available and could be used.

      What incentive would Microsoft have to release their source code if the EU stopped respecting their IP?

      And of course getting rid of patents always helps economy, since it allows improved offerings from 3rd parties and thus encourages competition.

      Actually, some patents (apparently) do help the economy. Software is essentially a special case. And since the EU does not have software patents, this is not relevant here.

    137. Re:so? by FireFury03 · · Score: 1

      Dunno what UK you've been to, but in my UK we do things the US way. 1,000,000,000 is almost always a billion.

      Both systems are frequently used and sometimes it can be downright difficult to work out which one is being used. As usual the Americans have made a mess of things :)

    138. Re:so? by Curtman · · Score: 1
      "Although I don't think the E.U. has the cojones to actually do it, it wouldn't be totally outside their power (well, it might be -- I don't know whether the E.U. handles copyrights --"


      I think these guys would have something to say on the matter.
    139. Re:so? by Andy+Dodd · · Score: 1

      "This fine is more like a contempt of court charge, and doesn't let MS off the hook."

      I would hope that people would see this, as everyone is harping on the "lump sum" retroactive fine, but not the fact that the fine is an ongoing daily one that just happens to include retroactive fines back to 2004.

      In short, until MS is compliant, the fines will just keep on coming.

      --
      retrorocket.o not found, launch anyway?
    140. Re:so? by FireFury03 · · Score: 2, Insightful

      But their dominance is not good for the market; not just for competitors, but for consumers (which in this case is mainly other businesses outside the computer industry).

      In my experience the problem is that the customers don't give a damn about long term effects - they are only interested in the *current* state of affairs.

      I.e. customers want lots of software to be bundled because it's easier for them *now*. They also want vendor lockin because they don't have to bother making decisions. Pulling the plug on bundling and lockin actually makes things worse for the current customers so the customers are resistent to action being taken against MS.

      I've seen the same thing when talking to people about VoIP - there are plenty of SIP/PSTN gateways around with competetive prices, but people like Skype despite the fact that it locks them into a single vendor and they can't shop around for the best prices. Why? Because shopping around is effort and they can't be bothered.

      The problem is that this attitude comes back to bite everyone in the arse a few years later when there is a single dominant company and everyone's locked into using them - at that point the dominant company can do pretty much whatever they want. If someone steps in at any point in the cycle and prevents the bundling and lockin, it *will* get worse for the customers before it can get better - there's just no way around this, and unfortunately many of the customers would prefer everything to get progressively more sucky than put up with a few years of inconvenience before it gets better.

    141. Re:so? by Shaper_pmp · · Score: 1
      So ... do you think Microsoft has gathered all it's employees and instructed them to collectively deceive the public ?


      Why would they need to do that? Microsoft hasn't deceived anyone - they just haven't been open and forthright about their protocols... after being instructed to do so by the highest legal court in Europe.

      It's not like they have done nothing, they have actually gone to some expense to comply with many of the anti-trust rulings, and information they have been required to produce is available, just not to the satisfaction of the EU's technical/legal advisors.


      Yes, but the information they've released

      1. Is a punishment for anticompetitive behaviour, intended to allow competitors to interoperate with Microsoft systems.
      2. Is incomplete (so the interoperability requirement is not adequately met)
      3. Was wrapped in restrictive licences which basically excluded OSS, one of their most feared competitors (so the competitor requirement was not adequately met)
      4. Was offered for-pay (so the punishment requirement was not adequately met).

      What part of this don't you get?

      You can find info on Microsoft's Communication Protocols here
      There's also a program which gives access to source code specifically trying to appease the EU here


      No, they've released incomplete information, when the order was to allow competitors to compete on a level playing field. That means the competitors should know as much about the protocols and APIs as Microsoft's other divisions do. As long as the information is incomplete Microsoft knows something no-one else does, so they have an advantage. This is supposed to remove the avantage. It has not in fact done so. Are we getting it yet?

      A simple analogy:

      I have been stealing from your bank account for years.
      The court orders me to give it my PIN number so it can withdraw funds from my account and redress the balance a bit.
      I look it up in my paperwork, find it, smile earnestly and tell them my PIN number is "6-something-something-2"

      There - I've released information on my PIN number, I've spent time doing so. That time, and any e-mails/letters/employee hours I use to comply have a monetary value associated with them, so I can even claim I've spent money doing it.

      Nevertheless, what I've given you is incomplete, useless, and the resources I put into producing it are negligible compared to what I gain by not actually doing what I've been ordered to.

      If the court now fines me for my downright fucking cheek, do I have a right to sympathy?

      I mean it's pretty hard for Microsoft to defend themselves in this circumstance, where the group they are in dispute with is also the judge and jury.


      If you're in court and you're ordered to do something by a judge, and you refuse, and the judge penalises you for it, is that unfair?

      The judge isn't the plaintiff here - that's Real Networks (etc). The judge is only "one side" in this argument because Microsoft have already disobeyed a direct order given by the judge. It was a dispute between two normal parties, and Microsoft lost. They then refused (or, more accurately, did squat-all then stood around with expressions of injured innocence) after being instructed to make reparations. The judge then fined them for their actions.

      There's no sympathy for Microsoft appropriate here - they were ruled against, then petulantly decided to take the fight to the presiding legal authority rather than just accepting their loss and getting on with it.

      Have you thought perhaps maybe just maybe the EU has decided it'd like a slice of Microsoft war chest and has just decided it'll make up whatever excuse and take some.


      That has to be the single most uninformed, baseless statement I've ever read, even on Slashdot. Thank you - you have now set a new all-time low for uninformed opinion in my experience.
      --
      Everything in moderation, including moderation itself
    142. Re:so? by tehcyder · · Score: 1

      Someone has to say it - in the UK billiards is a game you play on a snooker table.
      (Or for the traditionalist, snooker is a game you play on a billiards table...)

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    143. Re:so? by GalionTheElf · · Score: 1

      Can you imagine that Berlusconi was voted out of office about a month ago? http://en.wikipedia.org/wiki/Silvio_Berlusconi

      --
      I'm going over here and I don't know why!
    144. Re:so? by Anonymous Coward · · Score: 0

      The UK is the USes whore so we've more or less gone over to american billion as the convention.

    145. Re:so? by FireFury03 · · Score: 1

      So that means that at least in some european countries it is very possible and very legal to use a copy of XP without having to pay for a copy.

      Depends on how enforcable the EULA is, since the EULA explicitly disallows this. It could be argued that EULAs are unenforcable (I don't think there have been any court cases in Europe to say either way have there?). Some rights cannot be withdrawn through a contract anyway and the fair usage rights might fall into this category (IANAL).

    146. Re:so? by MeNeXT · · Score: 1

      No need to say sorry you can't do business. All they would have to do is; pass a law that states ALL IP and Patents in regards to the technology not in compliance are null and void and such technology is to be turned over to the public domain.

      Drastic but it would send a message play fair or we seize your assets.

      --
      DRM? No thanks, I'll just get it somewhere else...
    147. Re:so? by plague3106 · · Score: 1

      They could always pull a 'nuclear' option. Pull out of Europe completely, and on their way out, tell everyone that their licenses are now invalid.

    148. Re:so? by FireFury03 · · Score: 1

      After all, a company that doesn't need to pay the Microsoft tax can invest that money productively

      And can also invest it closer to home - Europeans investing money in European produce is better for the European economy than sending all that cash over to the US.

      And of course getting rid of patents always helps economy, since it allows improved offerings from 3rd parties and thus encourages competition.

      (Assuming we're talking about the West in general, and not just the EU) I'm not an economist, but is this actually true in all cases? I imagine that having a single company bringing in a lot of cash from the whole world is potentially better for the economy that company is based within than having many companies all over the world selling equivalent products for less. Sure, competition is beneficial for the parts of the world where that single company *isn't* based but what about the part of the world where it is based?

    149. Re:so? by MeNeXT · · Score: 2, Interesting

      Seize the asset. That is what it should do. Make all IP and Patents unenforceable regarding such technology.

      --
      DRM? No thanks, I'll just get it somewhere else...
    150. Re:so? by fmoliveira · · Score: 0

      Wikipedia http://en.wikipedia.org/wiki/Billion says that a modern billion is 10^9, and that this 10^12 billion is an older concept.

    151. Re:so? by fbjon · · Score: 1

      ..for English-speaking countries, that is.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    152. Re:so? by Anonymous Coward · · Score: 0

      Wow, that really brings a whole new meaning to the phrase "billiard balls".

    153. Re:so? by walt-sjc · · Score: 1

      Nope. Seize their main asset: ownership of the Windows copyright. Game over - Microsoft dead.

    154. Re:so? by Anonymous Coward · · Score: 0

      There are two ways:
      1) Don't enforce copyright.
      2) Seize the copyrights, just as you would seize any other asset (it is intellectual *property* in the eyes of the law, yes?

    155. Re:so? by GigsVT · · Score: 1

      Treaties and international agreements are not binding. Sorry, play again.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    156. Re:so? by WhiteWolf666 · · Score: 2, Insightful

      1. Microsoft cannot technically do that. WGA nonwithstanding, they don't have a "kill" switch for Windows. Even WGA doesn't actually "kill" Windows, it just prevents updates.
      2. Governments grant copyright licenses, not corporations. The EU can easily say that Office&XP are no longer covered by copyright. Copy at will. Matter of national security. And guess what, in this instance they'd be right; you don't want the entire government to be beholden to a corporation that can pull its product on a whim. This would be the example that proved the theory.
      3. You seriously underestimate Europe's capability to build and switch to a standard. GSM is a European invention, is required for mobile phone usage in Europe, and has spread worldwide. Any serious OS "incident" would result in Europe stabilizing on Linux (or something else) within a matter of months. In the short term, Europe would continue to use its legally "pirated" copies of Windows. In the long term? Something homegrown. Europe's good at that.

      In short, you seriously overestimate the strength of Microsoft, and seriously underestimate Europe. Don't do that; we do not yet live in the true corporate plutocracy. And most of us don't want to. I'm glad that governments can win this fight.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    157. Re:so? by Sique · · Score: 1

      In the eye of the LAW it's not property, no :) In the eye of the LAW there are several exclusive rights. And because the Berne Convention keeps the original author still as the author, the only way would be for the EU to claim authorship. The EU could seize the exclusive rights for sale, distribution, edition et.al. though, but to enforce the exclusive rights, it has to adhere to the Berne Convention...

      --
      .sig: Sique *sigh*
    158. Re:so? by Warg!+The+Orcs!! · · Score: 1

      He was edged out - he still controls 49% of the Italian parliament and he has huge clout in the Italian business community. He controls the majority of the Italian media and is in an excellent position to launch an anti-removal-of-copyright campaign.

      --
      Travelling forward in time at a rate of 1 second per second.
    159. Re:so? by Jesus_666 · · Score: 1

      The european (incl. polish) system is actually worse - it would be just as good if it was coherent (quintilliard, etc.),

      At least in Germany it is:
      Million = 10^6
      Milliarde = 10^9
      Billion = 10^12
      Billiarde = 10^15
      Trillion = 10^18
      Trilliarde = 20^21
      ...
      Nonillion = 10^54
      Nonilliarde = 10^57
      ...
      Septenquadragintillion = 10^282
      Septenquadragintilliarde = 10^285

      Actually, according to the 'Pedia, both long and short scales are internally consistent. Inconsistencies only appear when a country moves from one scale to the other (like Turkey, which uses the short scale but has stuck to the milliard).

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    160. Re:so? by JesseMcDonald · · Score: 2, Insightful
      jail terms for directors. It's the only way corporations will change their ways. Why should a corporation as a whole be held to a lesser moral standard than an individual is?

      Better: jail terms for shareholders. Why should the owners of the corporation (who choose the directors) be held to a lesser moral standard than other individuals?

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    161. Re:so? by zaphod_es · · Score: 1
      Actually, in the UK, he's right.. Add three zeros to a million and you get a thousand million. Add three more and you've got a billion.


      It is not just the UK, much of Europe does the same but not always consistently. In the field of economics the US definition has become pretty standard. This has lead to much confusion and you really have to double check exactly what people mean when they talk about, say, a billion square feet of office accomodation in a certain country or a billion Euro turnover of a company.
    162. Re:so? by nathanicus · · Score: 1

      If the EU were to suspend all Microsoft copyrights like you are insinuating, it would be utterly brilliant. However, you (plural) seem to be focusing more on the "can this be done?" as opposed to "is it right to do this?"

      In our seething hatred for Microsoft we fail to notice what a disturbing precedent this would set for all of softwaredom. More or less, creating this precedent would essentially allow any powerful government to destroy any software maker at the whim of a vote. We have more than enough current events generating fear for the destruction of the Internet through government intervention- the impact of this would be staggering.

      Microsoft has to be destroyed or forced to evolve into a 'good' company, but this shouldn't be done by a government. Rather than contemplating exciting ways of destroying Microsoft at the expense of jeopardizing all of softwaredom, we should be contemplating exciting ways to improve Linux.

    163. Re:so? by Mateo_LeFou · · Score: 1

      "What incentive would Microsoft have to release their source code if the EU stopped respecting their IP?"

      Releasing source code causes more efficient product improvement & feature development, when the user base is above a certain threshold. I'd say the Windows user base is pretty well above that.

      --
      My turnips listen for the soft cry of your love
    164. Re:so? by pla · · Score: 0, Flamebait

      No, the non-compliance wasn't about Windows Media Player so much as it was interoperability with other networking software.

      I can run a mixed Windows and Linux system in either a flat TCP/IP network or a Microsoft style Active Directory. I can even use a Linux box as the DC. How exactly does that not mean "interoperability"?

      As for Media player, let's not forget the oh-so-popular "XP E" version - No bundled crap, and no one wanted it. Most people buy software because they just want it to work, which MS gave them. They don't want to buy some dirty hippy's philosophy along with the box, and have to find an additional 27 programs merely to do the day-to-day tasks they consider fundamental to using a computer.

      And as for "Open" formats...


      MS's attempts at compliance were deemed inadequate even though they protested that it was "too hard" to comply to the degree that the EU wanted.

      Yeah, because offering a peek at the goddamned source code didn't go far enough, right? And the recent shift toward open XML-based formats doesn't amount to nothing short of rolling over on their back and exposing their bellies to the pack?


      I hate this topic, because every time it comes up I, a die-hard Linux fan who uses Windows only when required (ie, my desktop machine at work), get accused of either trolling or fanboyism. But it digusts me to see people falling for this "enemy of my enemy" crap.

      Microsoft abused their position 5-10 years ago (though, until deemed a monopoly, they hadn't done anything any other comapny wouldn't also do if given half a chance). Not only does it appear they stopped when caught, but MS has since started moving to open formats (though I'd call the issue irrelevant once the government says "okay boys, you can reverse engineer it without fear of legal action" - In the absence of strong encryption, any coder worth their salt can reverse engineer a binary file format).

      But now? We have the third most corrupt pseudo-government organization in history, the EU, making backroom deals with one another to slowly bleed Microsoft, which represents the most recent of the great American capitalist successes. For those not paying attention in 2nd grade, that doesn't count as "fair". It counts as - Whaddya know, pretty much the exact same behavior that got Microsoft in trouble in the first place, abusing their position of questionably-attained authority to squash a competitor.

    165. Re:so? by zootm · · Score: 1

      Releasing source code causes more efficient product improvement & feature development, when the user base is above a certain threshold.

      I mean what reason that they don't have now? If the EU removes their IP ownership, their internal documentation and source becomes more valuable to them as a means for profit since they'd have a competitive advantage over other companies for Windows support contracts.

    166. Re:so? by _KiTA_ · · Score: 1
      I don't quite get the point of your comment. Your tone is negative, but everything that you say seems to agree with the post you (I think) were responding to.


      I believe [url=http://en.wikipedia.org/wiki/Sarcasm]this link[/url] may be of some use to you.
    167. Re:so? by Criterion · · Score: 1

      I don't think the hackers would take very long at all to go public with a patch for that one.

      --
      We have enough youth, how about a fountain of SMART?
    168. Re:so? by viralburn · · Score: 1

      Not anymore in british english ... milliard it seems is now deprecated

      http://en.wikipedia.org/wiki/Long_and_short_scales

    169. Re:so? by Anonymous Coward · · Score: 0
      "I don't quite get the point of your comment."

      The point apparently is to counter the common notion that copyright is based on protecting ownership of ideas (the new and improved, corporately created version) and not temporarily protecting distribution rights (original intent.) The differences reflect massive alternate realities on society.

    170. Re:so? by Jesus_666 · · Score: 3, Interesting

      Or, less WIPO-unfriendly, just mandate a switch away from Windows everywhere. And when I say everywhere I mean everywhere. EU-wide legislation that states that until 2010 all governments, agencies, schools etc. are to switch away from Windows would hurt Microsoft like hell. As would the adoption of ODF as the new document standard, with Microsoft's offer not being accepted anywhere.

      The EU has countless weapons in stock, from migration plans to subsidies to large-scale grants. If Microsoft pisses off the EU enough Brussels might just decide to pump a couple hundred million Euros into Mandrake in order to develop an alternative to every product Microsoft sells, including the XBox controller. Or they make a law that keeps Microsoft from bribing institutions with free licenses. This is a big game of Nomic and Microsoft is not allowed to make up rules. The EU is.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    171. Re:so? by Anonymous Coward · · Score: 0

      You'rea actually talking about long scale and short scale numerals and, by the way, the UK moved to short-scale like the United States (and nigh all of the English-speaking world) a while back.

      "For most of the nineteenth and twentieth centuries, the United Kingdom uniformly used the long scale, while the United States of America used the short scale, so the two systems were often (and accurately at that time) referred to as "British" and "American" usage, respectively. However, today the United Kingdom uses the short scale so widely that the term "British usage" is no longer an appropriate phrase." -From the Wikipedia article

      In fact, the article goes on to mention that "[t]he term "milliard" is now obsolete in British English," so...

      In any respect, when conversing on the Internet and no other standard has been agreed upon between conversing parties (and the site upon which discussion is taking place does not, by its very nature, indicate a standard one way or another), it is common form to use Short scale numeral names, Arabic numerals, SI measurements, and International English.

    172. Re:so? by Sir+Holo · · Score: 2, Interesting


      Microsoft owns what, 95+% of the global desktop OS market? ....

      There would be a blizzard of competition.

      If Microsoft ceased to do business, then the numerous other companies trying to market their solutions could fill the gap. They would rush to, if they knew the giant from Redmond was dead, or at least asleep for a while. No reason to be scared of having the oxygen sucked out of the room by the monoploistic OS maker.

    173. Re:so? by Criterion · · Score: 4, Interesting

      I do hope that everyone here realizes that the reason MS is fighting so hard to keep their APIs locked up is a direct result of their original halloween paper, in which MS states "Linux can win as long as services / protocols are commodities". Which means, quoting a well known review of the halloween paper...

      "Linux can win if services are open and protocols are simple, transparent. Microsoft can only win if services are closed and protocols are complex, opaque."

      So here is proof that the closed APIs are not necessary for MS software, as they might state, but a preplanned way to make war with Linux.

      And to all you unenlightend peope that will say that MS isn't making war with Linux, that is just the price of doing business, I will direct you to another portion of the same document.. "Long term credibility exists if there is no way you can be driven out of business in the near term. This forces change in how competitors deal with you."

      and the translation of that into understandable language..

      "Note the terminology used here driven out of business. MS believes that putting other companies out of business is not merely collateral damage -- a byproduct of selling better stuff -- but rather, a direct business goal. To put this in perspective, economic theory and the typical honest, customer-oriented businessperson will think of business as a stock-car race -- the fastest car with the most skillful driver wins. Microsoft views business as a demolition derby -- you knock out as many competitors as possible, and try to maneuver things so that your competitors wipe each other out and thereby eliminate themselves. In a stock car race there are many finishers and thus many drivers get a paycheck. In a demolition derby there is just one survivor. Can you see why Microsoft and freedom of choice are absolutely in two different universes?"

      --
      We have enough youth, how about a fountain of SMART?
    174. Re:so? by Peteresch · · Score: 2, Insightful
      It will simply force MS to rethink their compliance, or face a whole continent migrating to other operating systems.

      More likely that the residents of that continent will throw a tantrum when their computer breaks down and they can't get support because "your government won't let us" forcing the law makers to back down and find another route.
    175. Re:so? by Darby · · Score: 1, Interesting

      didn't go far enough, right? And the recent shift toward open XML-based formats doesn't amount to nothing short of rolling over on their back and exposing their bellies to the pack?

      Putting tags around a proprietary binary blob does not an open format make.

      Microsoft abused their position 5-10 years ago (though, until deemed a monopoly, they hadn't done anything any other comapny wouldn't also do if given half a chance). Not only does it appear they stopped when caught.

      The reason you get accused of fanboyism is right there.
      I mean seriously, look at that utter crap you just spewed. When you spout off idiotic nonsense lies as if they were even sane, then you might be a fanboy.

      They have continually abused their position since they first had one and continue to do so to this day with no improvement in their behavior whatsoever.

      It does not "appear" that they stopped. They absolutely didn't. Just look at the fucking SCO case for Christ's sake.

      but MS has since started moving to open formats

      The fuck they have. They have moved to DRMk pushing for legislation to criminalize reverse engineering.

      Seriously, Dude. There are arguments to be made in favor of MS, but just spouting off lies that are so transparently false to anybody who has paid any attention to the issue does just make you look like a fanboy and a fool.

      I'd say, "Nice try", but it wasn't even that.

    176. Re:so? by Criterion · · Score: 4, Informative

      "Yeah, because offering a peek at the goddamned source code didn't go far enough, right?"

      No, because the source code is NOT what was ASKED FOR. How can people not understand this? Go read the halloween papers. You will see why MS went as far as to try giving source instead of actual API documentation, because that is how badly they DON'T WANT to do that, not because they can't, or it's too hard as they say.

      Here, feel free to read up on what is actually going on right here...
      http://www.catb.org/~esr/halloween/halloween1.html
      then maybe you'll see how much of a bully MS actually is. Anything that would put a stop to that has my full approval.

      --
      We have enough youth, how about a fountain of SMART?
    177. Re:so? by mspohr · · Score: 1
      To be complete, we should also add the lakh and crore:
      A lakh (also spelled lac, lacs, lacks or laksha) is a unit in the Indian numbering system, widely used both in official and other contexts in Bangladesh, India, Myanmar, Sri Lanka, and Pakistan. One lakh is equal to a hundred thousand (105). A hundred lakhs make a crore or ten million. This system of measurement also introduces separators into numbers in a place that is different from what is common outside India. For example, 3 million (30 lakh) would be written as 30,00,000 instead of 3,000,000.
      --
      I don't read your sig. Why are you reading mine?
    178. Re:so? by Embedded2004 · · Score: 1

      Actually that's not a bad idea. Ship it empty. Then force them to sell a separate application starter kit.

      They would be forced to sell the starter kit at cost. The cost to develop IE/WMP/ etc.The competition could then also have their own version. The OSS one would obviously be free.

      I think something like this would be the ideal solution.

    179. Re:so? by codegen · · Score: 2, Insightful
      Yeah, because offering a peek at the goddamned source code didn't go far enough, right?>

      All swearing aside, looking at the source code is not an appropriate solution because it encumbers the viewer of the source code. The proposed rememdy was for specifications of the protocol so that clean independent 3rd party applications could be written that interopeate with windows. Either MS does not have the documentation, or it is unwilling to provide it. Either way, anyone who wants to write clean software that interacts with MS products has an uphill battle.

      And while a large part of the MS XML format is open, significant parts of it are wrappers around proprietary binary objects. Just how is that open? Leaving aside the issue of Open Source, how can I as a small company make a product that can import a MS XML file with any consistency?

      Microsoft abused their position 5-10 years ago ... Not only does it appear they stopped when caught, but MS has since started moving to open formats

      Really? 5-10 years ago, MS was playing reasonably nice at standards committes. In the interm, they have withdrawn from many and made thier protocols much more difficult to interact with. Just talk to the Samba team

      --
      Atlas stands on the earth and carries the celestial sphere on his shoulders.
    180. Re:so? by Criterion · · Score: 1

      Of course if you're a MS shareholder, it probably has sucked to be you since 2000. Trust me on this one. Bail outta that puppy.

      --
      We have enough youth, how about a fountain of SMART?
    181. Re:so? by rts008 · · Score: 1

      I wish I currently had mod points- I would mod this "insightful", as this is the foundation of the problem from EU's POV (IMHO).
      Not a lot of /.'s are seeing this though.

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    182. Re:so? by civilizedINTENSITY · · Score: 1

      "More or less, creating this precedent would essentially allow any powerful government to destroy any software maker at the whim of a vote. "

      Isn't that rather like saying the jury system allows any group of 12 citizens to kill at the "whim of a vote?" You seem to be forgetting about concepts like the Rule of Law, and that microsoft is guilty, was found guilty, and now is *still* guilty of continuing their criminal behavior.
      br?What is this "whim" of which you speak?

    183. Re:so? by suffe · · Score: 1

      While I totally agree with you (and would hope more people would simply get this point) there is really no need to "suspen the copyright". A far easier route to go would simply be to do what ever you do with companies when they go belly up. Sell of the lot to the highest bidder (simplistically speaking). The problem that the EU sees is not the software, it is the practices of the company behind the software.

      --

      Karma: 2.71828182846 (Mostly due to small, fun pills)
    184. Re:so? by civilizedINTENSITY · · Score: 2, Interesting
      I see this a lot. Please be specific as to how revoking copyright for criminal behavior would in any way conflict with the "equal treatment" core principle of the Berne Agreement.
      The Berne Convention requires its signatories to protect the copyright on works of authors from other signatory countries (known as members of the Berne Union) in the same way it protects the copyright of its own nationals, which means that, for instance, French copyright law applies to anything published or performed in France, regardless of where it was originally created.
      In addition to establishing a system of equal treatment that internationalised copyright amongst signatories, the agreement also served the interests of publishing industries and authors by requiring member states to provide strong minimum standards for copyright law.
      It isn't as though waving the WTO like a dead chicken over non-compliance with a criminal judgement will in any way change the facts.
    185. Re:so? by xarak · · Score: 1

      forcing Microsoft to stop doing business in member states as long as they remain noncompliant

      Well, effectively removing any profit from MS on the EU market (can't see them making much more than 2 Million a day) is effectively the same is it not? Reducing the EU market to "not interesting" for MS. MS has the choice of clearing the market (Shiaaa right! And monkeys might fly out of my butt!), losing 2.3 M per day, or complying with existing legislation.

      The EU can of course not ban MS from the market, because
        1. this would put all the employees on the dole
        2. MS could effectively declare void any present contracts, including maintenace, which would be more harmful to MS customers than MS themselves
        3. Let's face it; 800 million a year revenue for the EU is good money!

      --
      Atheism is a non-prophet organisation
    186. Re:so? by gumbi+west · · Score: 1
      On the first point, taking their money makes a previously profitable business pratice unprofitable (if the fine is large enough). If the fine is larger still, it shows other companies that they shouldn't even try.

      On the second point, you would be right in a competitive market, handouts woudln't help in the long run. But in a non-competitive market, handouts could change things. This has to be considered on a case by case bases. In this case, I'm not so sure commerciial fims could got it going (why hasn't apple taken off?). But what if you divided up $1 bln. to some OSS developers to accomplish small achievable tasks and paid on perfromance of a task, it just might work. It would be worth trying at least.

    187. Re:so? by boule75 · · Score: 2, Insightful

      Well, well...

      > I can run a mixed Windows and Linux system in either a flat TCP/IP network or a Microsoft style Active Directory. I can even use a Linux box as the DC. How exactly does that not mean "interoperability"?

      You can partially run that, but not at full scope. Inter-domains, inter-forests authentication does not work well as far as I know. And Samba 3 is not that easy to implement because the developpers have spent much time guessing what their program was supposed to answer and request to native Ms boxes, instead on concentrating on making an easily used product. This should change with Samba 4. Basically, the UE told MS that competitors should have nothing to guess or reverse-engineer for anything concerning the protocols: those must be properly documented.

      > Yeah, because offering a peek at the goddamned source code didn't go far enough, right?

      Right: competitors are fed up to guess and decrypt, wether be it C code or packets. It is much more difficult to analyse some hundred thousands lines of code than to implement a properly documented protocol. Especially when the code may change at will and cannot be observed at will and at no cost. And there are intellectual properties issues too... so do not be angry, but the "we show the code" proposal is meaningless.

      > And the recent shift toward open XML-based formats doesn't amount to nothing short of rolling over on their back and exposing their bellies to the pack?

      Is a partial XML implementation worth anything if MS can change it at will? What we need is a documented and stable standard. Ms will not offer that.

      > Microsoft abused their position 5-10 years ago [...] it appear they stopped when caught.

      What is the year you're living in? 2020? 2040? Do you know that in 2006 they sell many "poison pills" product at great loss to poison competitors? Just look at their PDAs... Wonderfull things, all those Windows Mobile things: they can only work well on Windows (you guess it: undocumented protocols) and with Exchange. And once you offer enough of those to the executives, bingo! here comes Exchange and, with it, Active Directory. Just one example. And those PDAs are sold well under their cost, when they are offered. And then you come to corruption...

      > But now? We have the third most corrupt pseudo-government organization in history, the EU, making backroom deals with one another to slowly bleed Microsoft, which represents the most recent of the great American capitalist successes.

      Corrupt, the EU? You mean, more than all banana republics, China, Russia, most of Africa and the White House except two of those? You want to be rated "funny" certainly. What is you source? And which "backroom deal"? You mean that the expert choosen and paid by Ms, who has stated that "Ms does not comply", is bought? By whom? Sources? Facts?
      And you call a monopolistic and repeatedly condemned corporation the "great American capitalist successes". Maybe that explains partially why American capitalism is not widely praised by most people.

      --
      I am not Remy Mouton, unfortunately: http://remy.mouton.free.fr/art/
    188. Re:so? by Anonymous Coward · · Score: 0

      It's just a matter of time before Europe returns to its historical constant warfare, I guess...

      You live in Europe? At least i do. Actually, i do not see any movement not contrary to that. Many people might not like the European Commission. But everyone expects to drive into another country like it's into another city. ID-check at the border, say what? People are annoyed when they learn you have to change your money when travelling to Denmark. War against France? Not when it increases traffic jams on the Autoroute du Soleil. War against Austria? Please wait until snowboarding season is over. Hey, the Dutch are even starting to like the Germans!

      Europe is already way too small to get into internal fights. Anyways, the wars of the Bush administration gives many Europeans an example of which way not to go.

    189. Re:so? by boule75 · · Score: 1

      Hum... Is breaking a treaty such a big deals nowadays? Stuff happens.

      --
      I am not Remy Mouton, unfortunately: http://remy.mouton.free.fr/art/
    190. Re:so? by gabebear · · Score: 1

      Microsoft intentionally broke Netware in certain versions of their software. XP Home is worthless on a Netware Network. The network interoperability you are talking about is all provided by MS's competitors.

      The XML format's that MS promotes all require that you pay a fee to Microsoft to license the software patents needed to access the file(at least in the U.S.). Why do you think they are so opposed to using the Open Document format?

      Have you ever attempted to use MS's "shared source" program? You have to sign an NDA from hell just to get a peek, and then you are legally barred from using anything tou saw in your own programs...

    191. Re:so? by cthulhuology · · Score: 1

      Simple answer is remove the monopoly powers granted to Microsoft in the first place by copyright. Place Windows XX in the public domain by voiding their copyrights in the EU. Abuse the power, lose your rights.

    192. Re:so? by HTH+NE1 · · Score: 1

      And regardless of whether the UK does or does not use "milliard" anymore, is it too much to ask that when you're talking US Dollars and not Euros to use our "billion" instead? If the point is to communicate the value of the fine to someone else's culture, go full hog with the units.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    193. Re:so? by guitaristx · · Score: 1
      SI has its own problem... How to pronounce "giga-".
      Great Scott! The only way for Microsoft to produce the 1.21 jigga-dollars the EU is asking for is with a flying chair!

      Doc!? What the hell is a jigga-dollar?
      --
      I pity the foo that isn't metasyntactic
    194. Re:so? by Sloppy · · Score: 2, Insightful
      I think that fines are the only stick you've got to use on a corporation. What else would you suggest: throw all the employees and shareholders in jail or just give them a lollipop and ask them to play nice?

      Limited liability and the ability to incorporate are not natural rights. They are privileges granted by society and government in exchange for the corporation doing public good. We so often forget this, and think of "corporation" as a synonym for "business" -- but it's not.

      If a corporation does harm (e.g. repeatedly commits contempt of court), then why not cease to recognize it as a corporation? If society no longer receives its consideration, then society should stop extending special favors.

      At a minimum, the court should pierce the veil and view Microsoft as individuals, and hold each person responsible for whatever actions they commit. Perhaps take away the corporation's other unnatural powers, such as its ability to be a party in a contract, its ability to collectively hold assets, etc. Do whatever is necessary (in terms of revoking special privileges -- DO NOT INFRINGE ON ANYONE'S RIGHTS!) to make the buck stop somewhere and get responsible behavior.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    195. Re:so? by Anonymous Coward · · Score: 0

      This is another one of those differences between the US and everyone else. Think football and the metric system...

    196. Re:so? by It's+all+Krista's+Fa · · Score: 1

      The collateral damage would be immense.

      Bayer is still handicapped in the US when we stripped their property rights to Aspirin during WWII. If you don't think the US government wouldn't take a long look at responding to that, you're imagining things. It would be disastrous if the EU singled out a US company for a copyright strip. Responding by stripping EU intellectual property in the US would be strongly considered. Thousands of companies all over the world would be severely compromised.

      --
      It's all Krista's Fault.
    197. Re:so? by Anonymous Coward · · Score: 0
      Rather interesting that IE6 on XP-SP2 cannot render that link, while the godawful ancient Netscape 4.78 has no problem. Here's the error message from IE6:

      The XML page cannot be displayed
      Cannot view XML input using XSL style sheet. Please correct the error and then click the Refresh button, or try again later.

      ---------

      End tag 'h2' does not match the start tag 'br'. Error processing resource 'http://www.catb.org/~esr/halloween/halloween1.ht. ..

      A (New?) Development Methodology
      ---------


      Makes me wonder how many other sites IE6 conveniently decides to have problems with?

    198. Re:so? by SillySlashdotName · · Score: 2, Interesting

      They (Microsoft) were ordered to provide documentation for their software (especially the APIs) so that the playing field for ALL competitors was more level than MS wanted.

      Microsoft has not done that.

      Showing the source code does not accomplish the goal of allowing other software to EFFECIENTLY communicate with the Windows OS, nor to know what is intended to occur, only what Microsoft has managed to get working and shoved out the door.

      Microsoft has neither complied with the letter of the requirement, nor with the intent (as understood by many).

      Microsoft could comply, but chooses not to. Maybe there are evil reasons, maybe not. The fine is to help them to want to choose compliance.

      I would not call you a fanboy, but you do seem to be going some distance to stick up for Microsoft, a distance that seems to be uncalled for based on the circumstances. And what is up with "Microsoft, which represents the most recent of the great American capitalist successes." You are just THAT close to stepping over the line into fanboy territory.

      Some other corrections.

      Not open XML, a propriatary version with licensing and redistribution restrictions.

      Even before being 'deemed a monopoly' Microsoft was EFFECTIVELY a monopoly - which the court RECOGNIZED, it did not create the situation.

      Whether the EU is corrupt or not, it has the power to levy this fine, and for Microsoft to not comply with the requirements that would result in NOT having to pay the fine in the first place does not mean they are standing up for Truth, Justice, and THE AMERICAN WAY!, it just means they think they don't have to obey the same rules as anyone else.

      I don't see how the EU is trying to "squash a competitor" (as you say Microsoft has done) when Microsoft is not a competitor to the EU, and the EU is not a competitor to Microsoft.

      Sorry, I was wrong. You ARE a fanboy.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    199. Re:so? by Fulcrum+of+Evil · · Score: 1

      Great Scott! The only way for Microsoft to produce the 1.21 jigga-dollars the EU is asking for is with a flying chair!

      Jiga who? You gotta pronounce it giga - jiga is a male prostitute.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    200. Re:so? by SillySlashdotName · · Score: 1

      (Nice number!)

      I agree with you.

      Given a PROTOCOL and an example (the source code) anyone should be able to implement the interface.

      Given the source code (without the protocol you are trying to achieve), you only have one posible way of doing something, maybe not even the intended 'something'.

      Windows API source code is intended to achieve several different goals - talk between two programs, maintain Microsofts' market share, and possible make it easier for other Microsoft software to interact with the application. So any 'peeking' at the source code would give you the method to achieve ALL those goals without knowing which part does what. However, if you are not interested in "maintain Microsoft's market share", you don't know which part of the source code you need to pattern after and which part is extranious TO YOUR NEEDS.

      Given a protocol, you are free to come up with your own (better, faster, more efficient) implimentation. That your version is free from 'IP' incomberance (from having seen MS code) is just another plus.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    201. Re:so? by kartaron · · Score: 1

      What alternative platform could compete in a market where for the last x years the software has been completely free?

    202. Re:so? by pla · · Score: 1

      Since you have the best reply to me, I'll respond.


      You can partially run that, but not at full scope. [...] This should change with Samba 4.

      Exactly. Microsoft implemented something new with Windows 2003, and the Samba team has almost caught up.

      The problem I see here involves the assumption that the Samba team should have the ability to catch up. Why? because we want it? Because the EU said so? Because we have some BS concept of fairness that absolutely does not apply to a truly capitalistic economy?

      et al. But I don't see any non-authoritarian reason for Microsoft to make their work easier. And despite that, amidst claims that the most powerful software company on Earth has actively tried to thwart such efforts - The Samba team has still largely succeeded! Call me crazy, but when 2+2=5, I look for some weak link leading up to that conclusion.


      Right: competitors are fed up to guess and decrypt, wether be it C code or packets.

      Oh, boo-frickin-hoo! MS's competitors might actually have to work to write their own little Word and Excel clones?

      Ahem. Forgive my sarcasm, I realize it doesn't help present a rational argument, but really - How should I respond when the primary argument against considering MS compliant involves "it would take too much work"? Microsoft needs to make it possible for others to interoperate and compete. That doesn't mean they need to do their competitors' jobs.


      Wonderfull things, all those Windows Mobile things: they can only work well on Windows (you guess it: undocumented protocols) and with Exchange.

      And iPods only work well with iTunes and Apple's DRM - Except there, reverse engineering not only risks civil penalties, it would violate the DMCA.


      Corrupt, the EU?

      Yes, corrupt. I could point you to a million and one links, but this one says it best right in the first sentence - "Bad accounting, along with bad management, nepotism and the fraud that resulted from it, brought down the entire European Union Commission, then headed by Jacques Santer, just four years ago" - And then goes on to discuss how little things have changes since then.
      As a modern allegedly "democratic" organization, it has an appointed membership, no direct public accountability, and at least from the POv from this side of the pond, has done nothing at all beyond piss the majority of its member states' citizens off by a steady stream of bought-and-paid-for regional protectionisms.

      You mean, more than [...]

      I specifically said "pseudo-government organization". Yes, plenty of "real" governments have (and still do) levels of corruption that make the Mafia look on-the-level. And plenty of private criminal organizations exist to milk the sheep. But it takes a special breed to act as though they have legitimate public-granted governmental powers and then dictate who can sell what to whom and under what terms, and of course bleed a little off the top whenever possible.

      And the whole Microsoft situation - Extend "regional protectionism" to "Us vs US", and you'll have a pretty good idea of my take on the whole situation. The US DOJ backed down because Microsoft really hadn't done anything that bad. The EU has stuck like a leech because they see a weak point to attack, and damn the facts of the matter.



      And you call a monopolistic and repeatedly condemned corporation the "great American capitalist successes".

      winning - 100% market share and the bankruptcy of all competitors. Even with the far-weakened form of capitalism practiced in the US, Microsoft still managed to do just that. And I would point out that, UNTIL declared a monopoly, their actions broke no laws, plain as that. So yes, I consider Microsoft, AT&T, Standard Oil - and don't act surprised to h

    203. Re:so? by WilliamSChips · · Score: 1

      Only for the ones who have a voting stake in the company(i.e. are able to actually influence decisions)

      --
      Please, for the good of Humanity, vote Obama.
    204. Re:so? by Millenniumman · · Score: 1

      What laws have they broken? Is there a law that says they can't be successful?

      How have they hindered progress? Will they have you killed if you try to write better software?

      How have they crippled the competition? Do they imprison people who use Linux?

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    205. Re:so? by MarkByers · · Score: 1

      we should be contemplating exciting ways to improve Linux.

      How about better integration with Microsoft products to aid people in switching over gradually? (The swithc can't be done overnight.)

      Oh wait... Microsoft haven't finished documenting their 'open' protocols yet. Maybe if we wait another 10 years they will get around to doing it. No rush.

      --
      I'll probably be modded down for this...
    206. Re:so? by Millenniumman · · Score: 1

      Actually, it's a thousand million dollars.

      --
      Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
    207. Re:so? by Anonymous Coward · · Score: 0

      If the EU wants to get Microsoft's attention, it need only declare that it will do nothing to enforce laws protecting Microsoft's intellectual property rights in the EU (retroactively, of course -- just the way the fines are backdated) until Microsoft stops its monopolistic practices. Faced with the thought of millions of copies of Windows and Office being just given away, legally, MS would cave.

    208. Re:so? by equivocal · · Score: 1

      None of these schemes are properly recursive. Even this might not be because I typed it by hand instead of typing in javascript to make your browser type it in:
      10^3:thousand
      10^6:million
      10^9:thousand-million
      10^12:billion
      10^15:thousand-billion
      10^18:million-billion
      10^21:thousand-million-billion
      10^24:trillion
      10^27:thousand-trillion
      10^30:million-trillion
      10^33:thousand-million-trillion
      10^36:billion-trillion
      10^39:thousand-billion-trillion
      10^42:million-billion-trillion
      10^45:thousand-million-billion-trillion
      10^48:quadrillion
      etc.

    209. Re:so? by SillySlashdotName · · Score: 1

      "OK, Microsoft shareholders, you law breakers you! 10 years in the pokey!"

      Let me see, that is (60*60*24*365*10) or 315360000 seconds. There are 10.2 Billion shares, so each share would be responsible for about 0.0309 seconds. If you held less than 2,796,117 shares, you would be responsible for less than 1 day in the slammer.

      Own one hundred shares? Better watch out, you will be spending 3 seconds with Bubba!

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    210. Re:so? by drinkypoo · · Score: 1

      Maybe we should all just express all numbers from 10^6 and up in scientific notation. It would certainly eliminate the confusion of terms, and replace it with the confusion of people dealing with mathematics.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    211. Re:so? by Schraegstrichpunkt · · Score: 1

      Theoretically, yes, but it would be interesting to see what would really happen. Nobody has declared the North American Free Trade Agreement to be dead, despite outright violation of it by the U.S. numerous times. Personally, I suspect that in this case, if the U.S. didn't force the issue, the treaty would survive in spite of this action.

    212. Re:so? by zootm · · Score: 1

      No, because the source code is NOT what was ASKED FOR. How can people not understand this?

      There's a serious school of thought which declares that source is documentation enough for a system. It'd be funny if it weren't so tragic.

    213. Re:so? by LkDotCom · · Score: 1

      > SI has its own problem... How to pronounce "giga-". Well, being a latin prefix latin pronounciation would be nice... And as an italian fellow let me say that latin pron. for "giga-" is something like G- as the "g" in gym I- as "ee" in eel G- as the "g" in gum A- as the "u" in us Sorry for the headhache.. Try to gigure up how messi it is for us poor italians to sort up english pronunciation :)

      --
      Grammar Zealots: please spare a non-english writer (lastknight dot com)
    214. Re:so? by Vo0k · · Score: 1

      $1.4E9 doesn't have that ring to the name...

      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
    215. Re:so? by Foofoobar · · Score: 1

      Actually this is arguable. The 'shadow' api's do exist and are undocumented (as mentioned at various places on the web) or are documented so vaguely so as to be unusable. Just search Google for hidden apis.

      --
      This is my sig. There are many like it but this one is mine.
    216. Re:so? by Anonymous Coward · · Score: 0
      MS's attempts at compliance were deemed inadequate even though they protested that it was "too hard" to comply


      Yeah... I'd like to obey the law too, but it's just "too hard"...

    217. Re:so? by Impy+the+Impiuos+Imp · · Score: 1

      This old wives tale has been over for twenty years. I was watching when the BBC officially threw in the towel on the "billion wars".

      In 1990.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    218. Re:so? by timmyf2371 · · Score: 1

      They would be forced to sell the starter kit at cost. The cost to develop IE/WMP/ etc.The competition could then also have their own version. The OSS one would obviously be free.

      Any particular reason why the man hours used to create OSS software should be valued less than those used by Microsoft employees?

      --

      Backup not found: (A)bort (R)etry (P)anic
    219. Re:so? by totoanihilation · · Score: 1
      Strip MS of its copyright in the EU. Let people copy XP Pro & Office, hacked to work without keys & registration, as much as they like, with no legal ramifications, until an alternative platform is practical.
      And how is this a good thing ? I believe then call this dumping, when a company does it intentionally: You're basically alienating ALL software competition in the EU. That would be a MAJOR win for Microsoft: get pretty much a whole continent running your software for a mere 2.5 million a day. Then, two or three years down the road, when everybody is dependant, become compliant to the EU regulations, and release Vista.

      How do you think they became a monopoly? by selling every copy of windows?
    220. Re:so? by Anonymous Coward · · Score: 0

      How about stripping copyright protection from non-supported versions of Windows? Given the coder abilities in the open source community, what could be done with, say, an open source Win 98SE?

    221. Re:so? by Truekaiser · · Score: 0

      in the days before corporations were considered people(it was a huge mistake to consider them people btw) doing what Microsoft does would of resulted in their charter being nullified by the government and all it's assets being seized before being auctioned off to it's competitors. along with what ever charges need to be filed against the people responsible. stuff like this encouraged proper behavior by actually giving teeth to the consequences when a company misbehaved. now all they get is a fine that is a small fraction of their income and toothless warning not to do it again.

    222. Re:so? by Drooling+Iguana · · Score: 1

      I've heard of it in French classes, but this is the first time I've ever been told that the Brits use it.

      --
      ... I'm addicted to placebos
    223. Re:so? by sjames · · Score: 1

      While I find some of Microsoft's business practices to be anticompetitive, handing over monies to governments isn't really going to do anything.

      Actually, it might if done right. MS is a corporate entity. As such, it knows no right or wrong, only maximizing profit. For that reason, iff the fine costs more than they make from failing to comply, they will comply. That means no trading 'special' VERY limited editions or anything like that. Cash only. If there is any question of how much they believe they make from non-compliance, place the fines on a schedule where it increases for every week they remain non-compliant. When they comply, that was it!

    224. Re:so? by Anonymous Coward · · Score: 0

      What does it mean with overrated?

    225. Re:so? by petermgreen · · Score: 1

      i'm a brit and i'm pretty sure we tend to use the short system for billion trillian etc just like the yanks now.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    226. Re:so? by petermgreen · · Score: 1

      did you even read the article you just quoted? in particular

      "However, today the United Kingdom uses the short scale so widely that the term "British usage" is no longer an appropriate phrase.!

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    227. Re:so? by petermgreen · · Score: 1

      All that said: A signature state of the Berne Convention can NOT suspend copyright.
      sure they can, they may get trade sanctions (or even invaded though i think thats unlikly) for doing so though.

      yes sometimes countries agree to things but ultimately the only enforceability of those agrements comes from each others use of force or coercion and there aren't many that would dare to pick a fight with the EU.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    228. Re:so? by Geekbot · · Score: 1

      A billiard? In America we call that pool. You crazy Europeans. Just wait until I tell you what we call football...

    229. Re:so? by fbjon · · Score: 1

      "most of Europe"

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    230. Re:so? by Anonymous Coward · · Score: 0

      My god, a car example that makes sense!

    231. Re:so? by Tom · · Score: 1

      Yeah, because offering a peek at the goddamned source code didn't go far enough, right?

      If you really, really believe that looking at the source code will tell you what it does and how it works, then I suggest you check out the IOCCC. It's an extreme example, but mostly in length.

      You can not study a million lines of code and understand what they do. Source code does not replace documentation.

      --
      Assorted stuff I do sometimes: Lemuria.org
    232. Re:so? by Eivind+Eklund · · Score: 1
      Microsoft isn't capitalist. Capitalism assumes fair markets, MS abuses a monopoly position, in direct violation of capitalism.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    233. Re:so? by Anonymous Coward · · Score: 0

      1. Actually, yes they can. Just because they haven't done it to anybody doesn't mean they can't. They wrote the software; don't think for a moment that they don't know how to break it. I know how to render useless every piece of software I've ever written, and by installing my software you have already given me permission to make any changes to it, while it resides on your machine, that I deem necessary through the EULA. For MS it's just easier since it only takes WGA to recognize the necessary license keys and a critical update to kill the software.

      2. A registered copyright is a piece of paper, it prevents nothing. If it actually prevented anything there would be no use for digital rights management software. Copyright is a civil matter, and is automatically granted to anyone who creates a work. Perhaps they could find a way to revoke a copyright registration, but MS would still maintain a copyright since they are the author. You don't have to register something for it to have a copyright; registration only allows the holder to sue the infringer for more money. At best the EU could decide not to enforce the provisions of copyright, except that Europe uses Common Law for its legal system and such a move would set a dangerous legal precedent that could jeopardize everything with a copyright in Europe. If the government decided not to enforce the provisions for one, then they could lose the right to enforce them for all. France being the possible exception since they use Napoleonic Code.

      3. You seriously overestimate people. Most people are not very computer literate beyond basic functions. That's precisely why Windows is so popular, because they don't have to be. Ask anyone that works in an IT department about the number of stupid calls received everyday. For just going on the internet, checking e-mail, and using the same couple of programs to do the same thing 20 times a day every day for work, doesn't require any knowledge of computers. Now try to have these same people do the same thing using the command line interface of UNIX. Sure Europe could switch to UNIX, but it would be a long hard road. And in the meantime paychecks aren't being issued, bank accounts can't be accessed, elevators don't work, traffic lights are screwed up, cashiers can't ring up items in stores, supply chains breakdown because inventory is not being tracked, communication failures are widespread. Nearly anything you can think of has a computer involved, and there is a very, very strong chance that that computer is running Windows.

      In short, you seriously underestimate the widespread use of Microsoft products, and how they affect everyday life. Fortunately, the EU doesn't and the issue will never get that far. But it is a scary scenario, and there isn't much the EU would be able to do about it.

    234. Re:so? by Anonymous Coward · · Score: 0

      Nobody pays for Windows anyway. Technically Microsoft distributes the copywritten software for free, what you pay for is a license to use that software, but the ownership stays with MS. If you are using an unlicensed copy, then MS isn't even bound by the terms they set in the EULA, and they can do anything they want to that particular installation of Windows until you go to their website and buy a license.

    235. Re:so? by Anonymous Coward · · Score: 0

      That's proper "long system". In theory it should be like this in Poland too, but from my own observations it ends at trillion and above that hilarity ensues - noone I met seems to be sure how it should go. The only safe way is to use e.g. 1 milliard billions, or just use scientific notation.

      AC, I hate getting -1 Offtopic...

    236. Re:so? by Anonymous Coward · · Score: 0

      And what happens when MS voids all user licenses, and disables all copies of windows for users in EU countries? Also, what happens when the US starts seizing assests of companies based in the EU as a retaliation?

      I can see your plan was well thought out.

    237. Re:so? by GreatBunzinni · · Score: 1
      Depends on how enforcable the EULA is, since the EULA explicitly disallows this.

      It doesn't matter if the EULA is enforceable or not. Personal contracts do not and can not overstep the legislation. So if the law says that the people do not need the copyright owner's permission to use his work, then they may use copyrighted works without the copyright owner's authorization. They may make you agree on EULAs or even sign written contracts but if what the contract states is against the law, that contract isn't legally binding.

      --
      Slashdot, fix your code or at least hire someone who is competent at it to do it for you.
    238. Re:so? by karolo · · Score: 1

      Well, I don't think it was just the UK calling 10^12 a billion. When I went to school in Spain I also learnt it that way (10^9 one thousand million and 10^12 one billion). I remember that later on I started reading books that called 10^9 one billion and they usually had a footnote saying that that was the US custom. I am not sure, as I haven't lived in Spain for some years now, but I believe that in the spanish press they still use one billion for 10^12.

    239. Re:so? by Anonymous Coward · · Score: 0
      ...slice of Microsoft war chest...


      If we can hit that bullseye, the rest of the dominos will fall like a house of cards. Checkmate!
    240. Re:so? by Chazmyrr · · Score: 1

      It's not a question of effort. It's a question of time. Most people have far more important things to do with their time than shop around for a web browser or media player. But why stop there? Why not force Microsoft to sell versions of Windows without a file manager or a TCP/IP stack or Disk Management or a CD player or even Freecell?

      Here's a free clue. Software will largely become a commodity. Software as goods sold will largely die out. Common applications will be free or subsidized by content producers. This is a good thing. The whole bit about Media Player is just stupid.

      Microsoft regularly engages in anti-competitive behavior. The stuff the courts go after isn't what really hurts competition. Nail them for their business practices in regards to OEM licensing, but don't tell them they can't include applications which most people would consider to be basic functionality. You end up lookign like a crackpot when you do.

    241. Re:so? by Cally · · Score: 1
      I'm wondering what they should really be doing, besides forcing Microsoft to stop doing business in member states as long as they remain noncompliant, perhaps.

      I like the Pulp Fiction approach. "Anyone of your motherfuckers moves and I'll execute every last one of you." That's the answer. Blindfold, last fag, pop - pop - pop. And come the revolution I'll be first in line to volunteer.

      You think I'm joking. I'm not. I'm serious. Bill Gates should be executed by the state, and in any civilised society he'd have been buried under quicklime in an unmarked mass grave for 10 - 15 years by now.

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
    242. Re:so? by FireFury03 · · Score: 1

      Software will largely become a commodity. Software as goods sold will largely die out. Common applications will be free or subsidized by content producers. This is a good thing. The whole bit about Media Player is just stupid.

      Whether or not software is sold or is free is almost moot - the thing is that competition in whatever form is good for the end user because it forces the vendors to continue to make the software better.

      Internet explorer is a prime example of why we need competition - once Microsoft had taken almost the entire market they completely stopped developing the software and allowed it to stagnate for years. It's only now that there is once again competition forcing them to do some (half arsed) development. Having the most popular web browser stagnate like that makes innovation of the whole web grind to a halt - even if other browsers support lots of shiny new features, the web developers are stuck having to support the ancient browser that has most of the market.

      Probably the only exception to this rule are FOSS projects which are driven by the developers' need to do something for their own use rather than to satisfy another end-user and beat the competition. But even here, competing products are good because features often get taken from one product and added to another because they have been shown to be useful.

      don't tell them they can't include applications which most people would consider to be basic functionality. You end up lookign like a crackpot when you do.

      But including applications with Windows pretty much kills the competing applications stone dead, even if the competing applications are much better (and free). The bundled applcation has to be *really* bad before the majority of users will even look at the competition, let alone install it or pay for it.

      Also, what do you consider "basic functionality"? In all these cases, Microsoft has broken into an existing market and demolished it by bundling the software - it wouldn't be so bad if the functionality they were offering was brand new and innovative, but people are already providing it when MS start bundling their own software.

    243. Re:so? by boule75 · · Score: 1

      Thanks for the compliment, which always pleases a non native English writer. And now to your points.

      > The problem I see here involves the assumption that the Samba team should have the ability to catch up. Why? because we want it? Because the EU said so? Because we have some BS concept of fairness that absolutely does not apply to a truly capitalistic economy?

      There is our difference. The UE concurence authorities is somewhat interrested in fairness, as a mean, but its aim is social efficiency through the market. For a market to provide benefits, competition is needed in order to provide incentives to improve the products and lower their prices. When a few companies dominate a market and use their combined market share to hamper their competitors, this is alreday no free market anymore. Now, MSFT has an even more aggressive aim: they are nearly alone in their primary market (desktop PCs software), and they leverage upon this monopolistic advantage -and the huge benefits flowing from it- to invade other markets and extend the "no-competition-all-the-money-goes-to us" zone. In that case: media players and file servers, but one could easily add messenging and collaborative systems too, or anti-viruses, PDAs, phones, whatever. This is what the EU does not want, rightly in my opinion.
      What do you understand by "truly capitalistic economy"? That everything is always fine provided it is not done by the public sector? That is not my definition. It fully contradicts all free-market theories and... the law! And this law has mostly been applied until now to EU firms. Now MSFT breaks it, and the bigger the non-complying company the tougher the fines.

      > [Samba] I don't see any non-authoritarian reason for Microsoft to make their work easier.

      Samba and the others competitors should be able to concentrate on writing efficient code that works with the bulk of the market: Windows PCs. With no less and no more efforts than MSFT had to provide to build an efficient SMTP relay, and with the certainty that any changes in the protocols would be, at the very least, made public soon enough. Once again MSFT fights that.
      And for iPod example, precisely, things are not what the should. The botched French DADVSI law has at least this right by putting some emphasis on a very sane concept: interoperability, as a mean to strengthen competition. Documenting protocols is a good way to promote interoperability, choice, freedom and, finaly, value for consumers.

      > Microsoft needs to make it possible for others to interoperate and compete. That doesn't mean they need to do their competitors' jobs.

      Precisely, they do all they can to _prevent_ interoperability and to lure their competitors into coping with their undocumented "improvements" (Kerberos is a good example). And precisely: the EU does not ask for the code, but for documented APIs and protocols. And it will hurt MSFT because there lies a part of their dirty secrets, and a part of their success.

      >> Corrupt, the EU?
      > Yes, corrupt.

      Well, have you nothing better to provide than British rant dated from 2003 with nothing to properly substantiate it? Granted, the Eurostat affair was far from glorious, but what were the amount, precisely? Is it worse than in many private companies? I doubt it, so frequent are the contracts awarded to friendly subcontractors, however better other offers are... But you are right in a way: there are far too many lobbyist in Brussels and the governments-dominated EU system is somewhat opaque. Things have improved those last years with more oversight from the European Parliament; let us be optimistic and say that this will continue. A sad thing that we do not hear much constructive proposals from the UK...

      > And plenty of private criminal organizations exist to milk the sheep.

      One word in excess perhaps: criminal. The sentence is perfect without it too.

      > bought-and-paid-for regional protectionisms

      Eh? Until now I was under the very strong impression that the Eu

      --
      I am not Remy Mouton, unfortunately: http://remy.mouton.free.fr/art/
    244. Re:so? by pla · · Score: 1

      what is your definition of capitalism? It looks as if it were very far appart from Adam Smith's market economics.

      Adam Smith also didn't address the problem of modern backroom deals (though, apparently he did strongly favor anti-monopoly legislation in private). He believed that markets would always correct themselves over time - Which I grant holds true, but "over time" could well refer to centuries without a little manual intervention.

      So, my definition of "pure" capitalism? No-holds-barred, rape the public as much as they will bear. Work conditions should approach outright slavery, and of course child labor comes pretty cheap. Prices should absolutely reflect demand, meaning people should have to all but sell their souls to afford just about any necessary drugs or medical proceedures. Competition, while good for the consumer, drives down the price. Therefore, from the point of view of the producers, it counts as an enemy to minimize or even eliminate if possible.

      From the point of view of the consumers - Well, let's face it, consumers have almost no power. They have the illusion of choice (sixteen colors of the same crap with different names), but basically buy what the television tells them to. Most companies fail for two reasons - Changes in the market (ie, new technology makes them irrelevant), or less arrogant competition. Microsoft grew very arrogant, and eventually would have fallen for that reason. The antitrust action against them, ironically enough, may have saved them from that fate, at least for now. But I won't pretend that even the "good guys" really care about me - Even the likes of SouthWest, CostCo or Google, only do what they do because it gives them an edge in the market.



      and do you promote it?

      Absolutely not. But most Americans strongly claim to believe in the idea of a free market, without realizing that such an abstraction amounts to the horror I describe above.


      On a more realistic level - Yes, Microsoft abused its power, and I would have liked to see it split into an OS group and an app group (though even then, drawing the line beyond Windows/Office gets very blurry - Does a browser and media player realistically count as part of a modern OS? Most non-geeks would say "yes", I think, and even most geeks would call any non-server machine all-but-useless without both). But now? I don't claim Microsoft has turned into a great big fuzzy teddy-bear of a company, but they do appear to have started behaving quite a lot better.

      I think people forget that RedHat, SuSe, Novell, and the rest count as Microsoft's enemies, in a very real and measurable way. Faulting Microsoft for doing everything they can to fend off the barbarians at the gate strikes me as similar to faulting a black-belt for soundly thrashing the gun-toting mugger - Yeah, you can call it an unfair fight, but the mugger really does present a deadly threat, and anyone, black-belt or not, should treat it as such.



      On both side of the Atlantic has MSFT been declared by judges 1) a monopoly and 2) abusing from its position of power. This means guilty, bad.

      I agree, that describes a clear fact. But both of those occurred after the actual offenses in question... The rules for a monopoly differ quite a lot from the rules for a regular company, and before those rulings, Microsoft didn't count as a monopoly. Therefore, what they did, didn't actually break the law. I suppose you can call this a philosophical argument, and I'll accept that some may disagree with me on it; but I consider it "unfair" to punish someone (even a company) for rules that don't apply at the time they commit their offense.



      Thanks for the English exercise!

      You probably would have had an easier time of it if I hadn't stupidly broken a few HTML tags and ended up chopping out almost two complete paragraphs. ;-)

    245. Re:so? by Anonymous Coward · · Score: 0

      >"Linux can win if services are open and protocols are simple, transparent. Microsoft can only win if services are closed and protocols are complex, opaque." Oh come on now, you're really asking for us to suspend our commons sense of reason here. What protocol has Microsoft closed? What services have they made so complex & opaque? I'm not making any comments here about whether Microsoft is right or wrong, but let's face it, the reason why their competition (I'm talking about the big fish guys, not the small fry) have been so soundly beaten by Microsoft was because Microsoft preferred to take risks and share out their technology when these businesses didn't, Microsoft preferred to *invest* in innovations while the other guys wanted to sit still and rake in the profits. Maybe you guys have a collective sense of amnesia, or have never had to actually work with protocols before, but I think many of us who have had to support the first implementations of the tcp/ip protocol with Novell can unanimously agree how happy we were when Microsoft came out with something less buggy/more stable, MORE open/easier to implement. Just look at the phenomenal efforts Microsoft has put into SQL Server just to better meet the database market demands, and compare it to Sybase, which used to share the same code base w/ SQL Server. And these are just 2 examples. The amount of sheer energy and real work that Microsoft has put in to their OSes to make them more stable, more robust, more user-friendly (think: iterative improvement) really puts all of the competition to absolute shame. And no, adding a couple more skins to an OS does not constitute innovation. Neither does the mere fact that it's open source/freeware/"cool" etc. We should give credit where credit is due. Microsoft has really tried to service the market, and has put enormous amounts of effort to make a better product. If Microsoft's business model was really, "closed system, opaque & complex services", the only place they'd be is in the annals of yet another has-been company. They truly are innovative. And they are trying hard to communicate better (just visit the Microsoft blogs & try to talk with a real Microsoft developer! OK, at least visit Channel9, you'll have to admit it gives quite an insight into the inner workings of Microsoft). Let's give them the praise due for great effort and having the desire to do something more than just being a part of the past.

    246. Re:so? by Anonymous Coward · · Score: 0

      >All swearing aside, looking at the source code is not an appropriate solution because it encumbers the viewer of the
      >source code. The proposed rememdy was for specifications of the protocol so that clean independent 3rd party applications
      >could be written that interopeate with windows. Either MS does not have the documentation, or it is unwilling to provide
      >it. Either way, anyone who wants to write clean software that interacts with MS products has an uphill battle.

      Have you considered maybe MS does not have the capability to do this to the extent they've been asked to? Look at how Netscape nearly tanked when they tried to make their browser code "cleaner". The Windows operating system has millions of lines of code, wouldn't it be like committing corporate suicide to try and come up with what's being asked? Also, with the advent of .NET framework, any 3rd party application can interoperate very cleanly with the Microsoft operating system. And yes, the .NET compilers (VB.NET & C#) are free...

      >5-10 years ago, MS was playing reasonably nice at standards committes. In the interm, they have withdrawn from
      >many and made thier protocols much more difficult to interact with. Just talk to the Samba team

      Hmmm... wasn't Microsoft trying desperately (at least until Q2 of 2006) to ditch their FAT32/NTFS filesystem and replace it with a totally revamped, totally different WinFS? I can understand why Microsoft would feel it was not beneficial to continue the discussions w/ the Samba team, since they probably were devoting huge amounts of resources going on a different tangent.

    247. Re:so? by boule75 · · Score: 1

      I think we mostly agree.

      Two quick remarks :
      - I make a distinction between wild capitalism and what promoted Smith. This may come as a shock to many US citizens, but the US rules are rather far away from Smith's views in my opinion. Wikipedia has some clues about it there: http://en.wikipedia.org/wiki/Adam_Smith
      A quote: "However, it must be remembered that Smith advocated for a Government that was active in sectors other than the economy: he advocated for public education of poor adults; for institutional systems that were not profitable for private industries; for a judiciary; and for a standing army."
      And he had no clues about the immaterial economy as we know it: free flow of capitals, fiscal paradises were out of his view, and they change quite a thing or two...

      >> On both side of the Atlantic has MSFT been declared by judges 1) a monopoly and 2) abusing from its position of power.
      > I agree, that describes a clear fact. But both of those occurred after the actual offenses in question...

      Not for what concern the request for properly documented SMB protocols if I am not mistaken (2004? 2005?).

      Best regards.

      --
      I am not Remy Mouton, unfortunately: http://remy.mouton.free.fr/art/
    248. Re:so? by Criterion · · Score: 1

      I hope you realize that that huge stream of thought you just posted (hint, there is such a thing as a paragraph) was based on a *dirct quote from Microsoft*.

      --
      We have enough youth, how about a fountain of SMART?
    249. Re:so? by cdrudge · · Score: 1

      I forget which one of his movies it was, but in one of Steven Segal's movies there is a line that stated if companies were fined $20k a day for illegal chemical dumping all while making $200k doing it, where is the encouragement to stop? Yes a couple of billion dollar fine will put a dent in the old pocketbook, but if the daily fine isn't that much as compared to how much you are making daily, it just becomes a cost of doing business. You have to make the fine large enough that it becomes cheaper to do the "right thing" as oppose to just continue to do the "wrong thing".

    250. Re:so? by Weedlekin · · Score: 1

      "don't tell them they can't include applications which most people would consider to be basic functionality. You end up lookign like a crackpot when you do."

      Perhaps that's why the EC didn't say that, although Microsoft's spin machine pretends otherwise. What the EC asked for is an _additional_ version of Windows without their media player, not its removal from all versions. MS can go on selling the same Windows packages as they do now alongside those without a media player, thereby leaving it to OEMs and consumers to decide which of the two they want.

      --
      I'm not going to change your sheets again, Mr. Hastings.
    251. Re:so? by Weedlekin · · Score: 1

      "And what happens when MS voids all user licenses, and disables all copies of windows for users in EU countries?"

      They would effectively commit commercial suicide. MS software is used in a lot of government, big business, and military projects all over the world, so proving that they have a "kill switch" that can be used to cripple any number of computers at a whim would cause a rapid mass migration to something else in a very short time indeed. And if you think the US would be an exception, then consider for a moment how the NSA would react to this news, especially after the inevitable questions get asked in the press (and subsequently, Congress) about what would happen if Bin Laden's boys managed to find that mechanism, and use it to completely paralyze the entire US economy, plus a whole bunch of military systems. It's pretty likely that the government would preemptively seize the entire Windows code base and everything relating to it using wartime eminent domain laws, and that in its turn would have a domino effect on all those foreigners who'd trust Bush with said kill switch even less than MS.

      "Also, what happens when the US starts seizing assests of companies based in the EU as a retaliation?"

      They'd start a massive tit-for-tat trade war that would have international spill-over resulting in all US assets abroad being seized, in many cases by governments who have been waiting for any excuse to do so. China, who already own vast swathes of US debt, would then panic and try to call that debt in before the US economy totally imploded, thereby accelerating the implosion. The US has benefitted enormously from globalization, and would therefore lose far more if its foreign assets were seized than the EC would from being denied its far more limited number of US assets, so this would be a trade war the US could not win, and Bush's economic advisors would tell him that.

      I thus doubt that a US which can't find Bin Laden, has been and continues to be overrun by illegal immigrants who appear to have more rights than US citizens, is hopelessly bogged down in Iraq, and hasn't got the balls to effectively deal with North Korea and Iran, would risk getting into an economic pissing contest with the entire planet just to massage Bill Gates' ego. Bush has done some pretty stupid things, but this would be a definite candidate for "Most Stupid Act By A President In The history Of The Republic".

      "I can see your plan was well thought out."

      Whereas yours obviously wasn't thought out at all.

      --
      I'm not going to change your sheets again, Mr. Hastings.
  2. Re:good for the EU by Anonymous Coward · · Score: 1, Insightful

    It's just too bad that the only one they ever seem to go after is Microsoft.

  3. So that's... by CtrlPhreak · · Score: 3, Informative

    So roughly that's a year plus 7 months is ~575 days * 2.51 million, that's ONE BILLION DOLLARS! (1,443,250,000) Who let Dr. Evil run Europe?

    --
    WikiAfterDark.com It's a sex wiki, go now!
    1. Re:So that's... by VE3MTM · · Score: 1

      That may be a lot of money, but it's still better for Microsoft than losing the entire European market.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 Whoops, silly middle mouse button...
    2. Re:So that's... by dwater · · Score: 1, Insightful

      IMO, that's about as likely as Microsoft actually paying such a fine.

      I mean, seriously, what's to stop Microsoft from just saying they aren't going to pay. Has the EU really got the balls to stop them trading (in EU)?

      I, for one, don't think so. I wish they did, but...no. There'll be some big argument over the whole thing and they'll come to some 'compromise', just like they did in the US.

      --
      Max.
    3. Re:So that's... by Kadin2048 · · Score: 1

      How many people do you think there are -- actual key decisionmakers -- in the E.U. hierarchy that came up with this fine? I don't mean necessarily everyone that has a vote, I just mean the people that are really pulling the strings; people with political capital to spend on this issue.

      I don't know how many there are, but I suspect there are few enough of them so that Microsoft could easily -- if the situation came down to it -- buy them all nice chateaus in the Alps and pull the rug out from under this whole business, and come out ahead, financially.

      Everybody has a price. When we're talking about billions of dollars, I'd start to look seriously at the financies of anyone who has a sudden change of heart on this issue in the next few months.

      Just remember: there are really no laws and no legal framework when you start dealing with multinational corporations -- they're akin to governments. There are just more or less adverse outcomes. Whatever is most profitable and least risky is what they will do. Laws are just statements of risk. Break one, and you might lose money, somehow -- but if the benefit from breaking it times the odds of getting caught is greater than the penalty times the odds, you go ahead and break it anyway.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    4. Re:So that's... by jkrise · · Score: 4, Insightful

      So roughly that's a year plus 7 months is ~575 days * 2.51 million, that's ONE BILLION DOLLARS! (1,443,250,000) Who let Dr. Evil run Europe?

      1. Maybe the judges reckon that MS made much more than ONE BILLION DOLLARS with their anti-competitive practices...

      2. Maybe they felt that the fine should be high enough to deter continued violation, but lower than MS's profits in the EU... thus MS would consider compliance the better policy?

      3. Maybe the judges aren't so happy to let the Corporate Mr. Evil run unchecked in Europe?

      --
      If you keep throwing chairs, one day you'll break windows....
    5. Re:So that's... by tokul · · Score: 1
      Who let Dr. Evil run Europe?
      It is his evil twin. Dr. Evil runs IRS.
    6. Re:So that's... by cgenman · · Score: 1

      Gartner estimates Microsoft's warchest at 38 billion. 1.4 billion is nothing to sneeze about, but in perspective it's also nothing they can't pay.

      Now, the greater likelyhood is that they'll spend 100 million on good lawyers who will tie up the EU ruling for as long as possible, while shifting responsibilities away from Microsoft Europe to a new subsidiary wholly owned by Microsoft USA, then declare Microsoft Europe bankrupt and liquidate one or two token offices.

      I'm curious as to where 1.4 billion will go. In a national budget, it isn't a tremendous amount of money, but I can hear the hands reaching out already. Or they'll just give 1.4 billion in licenses to schools.

    7. Re:So that's... by Xtifr · · Score: 5, Insightful

      > "what's to stop Microsoft from just saying they aren't going to pay"

      My god, did you really just say that? And you even got an "insightful" mod--that's just sad! Microsoft has billions and billions invested in Europe. They have money in European banks, they own property, etc. They don't have the option of refusing to pay! The European governments can, if they want, just take the money! Bam, done! Heck, a billion dollars probably wouldn't even put a noticable dent in their European assets.

      And anyway, Microsoft isn't going to fight over what amounts to a slap on the wrist. At least, not if it looks like they're risking losing even more. Even with this fine, Europe is still an incredible, unbelievable source of profit to Microsoft. Collectively, the second largest economy in the world, IIRC. There's no way they're going risk all that money just for this tiny little fine that is more-or-less the equivalent, to them, of some change found under the cushions, to you and me.

    8. Re:So that's... by rrohbeck · · Score: 1

      Who let Dr. Evil run Europe?

      I think it's Dr. Smart. Or Dr. Doesn't-cave-in-to-big-business. Or even Dr. Not-Paid-By-Lobbyists-Like-Most-US-Politicians.

    9. Re:So that's... by Baki · · Score: 1

      If MSFT blatantly blackmails the EU by violating the law and to just ignore the consequences, you can be sure that governments shall be scared of the stranglehold that a single private company appears to have on them. This is not acceptable. In the short term this blackmail may work, in the long term this must mean that they'll do everything they can to get rid of this dependancy situation as possbile, something that MSFT has always been trying to avoid by all means.

      Once a single non trivial entity (e.g. a complete state) proves that it can do without MSFT, the house of cards may collapse.

    10. Re:So that's... by Crazyscottie · · Score: 1

      $1.4 billion is approximately, what, 2-3% of Bill Gates' net worth? If you ask me, that fine still isn't nearly enough.

      --
      Just because it can't be explained doesn't mean it isn't true. Science fits into reality... not the other way around.
    11. Re:So that's... by dwater · · Score: 1

      Ok, so they have to move some assets around....I guess it might take some time, I suppose....

      --
      Max.
    12. Re:So that's... by eclectro · · Score: 1

      that's ONE BILLION DOLLARS!

      Which means instead of going for the change in the couch of Bill G's office, they will have to have his wife pull it out of his wallet at night, when he's not looking.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    13. Re:So that's... by quarrel · · Score: 2, Insightful

      At some point it becomes criminal, and you start hauling directors and execs off to jail.

      In general big companies may play around where fines are concerned, but when it comes to the things that might send directors to jail they play by the rules.

      They very much take the attitude that shareholders money is theirs to play with, but when it's their own ass on the line they're more circumspect.

      --Q

    14. Re:So that's... by vidarh · · Score: 2, Informative
      They'd also have to pull out of the European market, or the EU will simply confiscate any revenues directly from their distributors. Seeing as most larger PC manufacturers bundle Windows for instance, they could easily confiscate that amount just by forcing any of those manufacturers into handing over Microsofts payments.

      Non-payment is not an option if they'd like to continue to sell their products to the EU. Seeing as the EU has a population of about 490 million, I kind of doubt that they'd consider a fine like that enough of a reason to pull out.

    15. Re:So that's... by Zemran · · Score: 2, Insightful

      There is no reason to even discuss the idea of stopping them from trading. There is a standard and established process for getting the money from people who default and that is to take away their property. Microsoft has a lot of property in Europe, far in excess of this penalty and the courts will take possession of that property if Microsoft fails to pay. There is no problem here at all, the courts have been doing this for 100s of years.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    16. Re:So that's... by MaverickUW · · Score: 1

      Well, it comes down to this. Is the money that Microsoft makes in a day in Europe more or less than what they are being fined. If it is more, they continue doing it, but try to comply more (though they've done much better at complying than the ruling would imply). Though I'd also wait to see what WGA tells them about government entities not using legal copies of windows. That could be embarassing politically if countries are prosecuting microsoft so extensively but it's determined that majority of the governments are breaking their own laws and not even using legal copies. If it is less, then obviously the market isn't profitable enough and they freeze all selling of Windows and other microsoft products in the European union.

      If you really think about it, they're being fined because they're selling non-compliant software. Take away the selling, and yes, while Microsoft might still be around a billion in the hole, the EU faces pressure from all those others who make profit because of microsoft-- i.e. systems manufacturers and the like.

      After the sale date, Microsoft refuses to authenticate any copy of any software that was not previously authenticated through Windows/Office/etc activation, that originates in Europe. Microsoft similarly stops offering patches to European versions, even for critial bugs. Of course, following this, they start with WGA, checking how many of those computers in Europe aren't using XP legally, and find a way to determine which ones are owned by various EU governments. Microsoft then goes to the same EU courts screwing them over, pressing for maximum fines against member governments, various large corporations, even the small fries. Microsoft recoups their money, possibly profits from the fines assessed, and of course, all those government computers not legally running windows? Too bad it isn't being sold anymore, because now they can't use windows on them.

    17. Re:So that's... by KDR_11k · · Score: 1

      1.4 billion is nothing to sneeze about, but in perspective it's also nothing they can't pay.

      I recall reading a story a few years ago that MS's profits went down by a billion a year* so they had to cut costs. A corporation has shareholders and they hate it when a corp isn't as profitable as it can be.

      Now, the greater likelyhood is that they'll spend 100 million on good lawyers who will tie up the EU ruling for as long as possible

      They've already done that, this ruling was the result of a lawsuit that started somewhen in the nineties. Delays only delay, they can't cancel.

      while shifting responsibilities away from Microsoft Europe to a new subsidiary wholly owned by Microsoft USA, then declare Microsoft Europe bankrupt and liquidate one or two token offices.

      Don't underestimate the EU's protection of its market. The import fees could cost MS more than the judgement.

      *=I'm guessing that was the Games Division's fault.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    18. Re:So that's... by KDR_11k · · Score: 1

      This wasn't a bunch of politicians making a decision, it was a judgement. If MS tried bribing judges they'd end up with a MUCH bigger problem.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    19. Re:So that's... by Anonymous Coward · · Score: 1, Informative

      In fact, the European Union is even the largest economy in the world.

    20. Re:So that's... by sane? · · Score: 1
      Firstly, I doubt that WGA is allowed anywhere near most EU government computers. It would cause all kind of problems and concerns - its basically spyware. Those computers are centrally controlled, managed and updated.

      Second, if microsoft were to try to play hardball the EU could easily just remove their copyright on windows. It would become public domain, the authentication could easily be bypassed and microsoft would have no recourse. When you write the laws, you can make anything legal.

      Microsoft have been playing political games, hoping it will go away. However with the lack of love for microsoft in europe eventually they are going to have to give up and knuckle under.

    21. Re:So that's... by Cederic · · Score: 1


      The thing is, MS can either
      - pay up
      - pull out of Europe

      Longer term, they can
      - pay up
      - satisfy the EU

      If they don't want to pull out of Europe, and don't publish the APIs, then the fines will continue.

      If non-compliance continues, because MS decides the profit margin is worth the expense, the EU can raise the fines. I believe the maximum fine is 20% of revenue.

      That's global revenue.

      The EU really do have the ability to break MS over this one.

    22. Re:So that's... by Anonymous Coward · · Score: 0

      >3. Maybe the judges aren't so happy to let the Corporate Mr. Evil run unchecked in Europe?

      That's DOCTOR Evil. I didn't spend five years in evil medical school to be a Mr.

    23. Re:So that's... by Isbiten · · Score: 4, Informative

      Even with this fine, Europe is still an incredible, unbelievable source of profit to Microsoft. Collectively, the second largest economy in the world

      Actually it's the largest economy in the world.

      http://en.wikipedia.org/wiki/Economy_of_the_Europe an_Union
      The European Union has the world's largest economy, slightly larger than that of the United States of America with a 2005 GDP of 12,865,602 million vs. 11,734,300 million (USD figures) (using nominal US Dollar GDP) according to the International Monetary Fund.

      --
      I fought the corporate America, and the corporate America bought the law.
    24. Re:So that's... by m94mni · · Score: 1

      No, it's only about 210 days (Dec 15, *2005*, the story has it wrong).

      So about 527 million dollars.

    25. Re:So that's... by Jesus_666 · · Score: 1

      Yup.

      Step 1: Throw MSoE's top execs in jail
      Step 2: Seize MSoE's assets to cover the debt. That should be about all offices Microsoft has in Europe and probably a number of patents which MSoE is forced to sell

      That would amount to a complete dismantling of Microsoft in Europe. If they are indeed forced to sell patents they'd even take an even bigger blow, as suddenly much of their patent litigation power in Euope gets nullified, opening the doors for competitors to implement the stuff.

      Microsoft can't afford to just ignore the EU's courts. Doing so might get them into much more trouble then they already are in.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    26. Re:So that's... by rts008 · · Score: 1

      Interesting point:"its basically spyware.", as every time my XP Pro box AutoUpdates, I have to "calm down: Avast Home Edition AV, as it tags the WGA as a trojan.

      P.S. for those not familiar with Avast- when it finds "malware", it sounds off with a "whooping siren/airraid warning type noise" that WILL get your attention. (yes, that feature can be turned off, but I leave it on!)

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    27. Re:So that's... by bahwi · · Score: 1

      Yeah, a couple countires, to my limited knowledge, do fines like that. I think in Iceland, speeding tickets are a percentage of your past year's income(although you can argue it if it's gone down dramatically). That way, it's not reserved for the rich, it's a nice chunk no matter what you're income is, and it hits you the same.

      Unlike in the US, Maximum $200 possible fine for speeding thru this area signs, blah blah blah, for some, whatever. We don't have points in Texas, unless it's been put in recently. So no loss of privileges, $200 can be a lot to some people, or could be as worthless as pennies to others(or, at least, not much).

      Makes sense of course, although no system is ever perfect.

    28. Re:So that's... by LordVader717 · · Score: 1

      Is the money that Microsoft makes in a day in Europe more or less than what they are being fined. If it is more, they continue doing it, but try to comply more (though they've done much better at complying than the ruling would imply).

      The fine isn't a final agreement. If they do that it will just show how they are ignoring the judgement.

      MS was already fined a record 450 Million for past offences, and were ordered to release documentation etc. The daily fine is because they still haven't responded to the ruling.

      It's like what happens when you ignore a speeding ticket. The penalties get more and more severe.

      If MS were to still ignore the ruling, the EU might consider business sanctions, or maybe even lift their rights to various IP.

    29. Re:So that's... by LordVader717 · · Score: 1

      Just had a vision of Bill Gates and Steve Ballmer sitting in a cell in a french prison

    30. Re:So that's... by LordVader717 · · Score: 1

      Nah, this fine isn't because of the anticompetative practices, that's what the 2003 fine was for. This is because MS have basically ignored the ruling, and been a real asshole.

      Back in 2004 the EU said: Document your code or else.
      MicroSoft: Or else what?
      EU: We'll fine you
      MS: Meh, we got money
      EU: Then we'll fine you millions of dollars a day
      MS: You loosers haven't got the Balls

    31. Re:So that's... by Omestes · · Score: 1

      (though they've done much better at complying than the ruling would imply)

      Er... Either you comply, or you don't. It's like being "kinda" pregnant, or "sorta" dead. Its A or B, there is not middle ground here. And allowing a fanciful middle ground would just encourage MS to hem and haw more.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    32. Re:So that's... by jc42 · · Score: 1

      The thing is, MS can either
      - pay up
      - pull out of Europe


      Actually, there's a third option, the one that they used to get the US Justice Dept to cave and settle for a slap on Microsoft's wrist back in 2001. This amount of money gives them a strong incentive to spend a lesser amount to bribe the right politicians.

      Remember that in the 2000 US election, Microsoft suddenly became one of the largest campaign contributors, to both major parties, but primarily to Republicans. Then, after the Bush crowd took power, the Justice Dept's lawsuit was settled on terms very advantageous to Microsoft. Sheer coincidence, of course. ;-)

      For much less than a billion dollars, they could also make "contributions" to enough campaign coffers in Europe to ensure that they never have to actually pay the amount of this fine. A billion dollars can buy you a lot of politicians.

      Europe is somewhat more picky about corporate contributions, and has actually fined companies for bribery. But if you think there aren't ways of hiding it, you're pretty naive. And a billion dollars is a good motivator, even to Microsoft.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    33. Re:So that's... by pthisis · · Score: 1

      No, it's at best the second largest. The NAFTA zone is larger.

      It's just duplicitous to compare an entire trading block with one member of another.

      --
      rage, rage against the dying of the light
    34. Re:So that's... by pthisis · · Score: 1

      In fact, the European Union is even the largest economy in the world.

      No it isn't. The NAFTA zone is significantly larger economy.

      Of course, you could say that the EU has a larger economy than the United States. But that makes as much sense as saying the NAFTA states have a larger economy than Germany, or that the Western Hemisphere has a larger economy than China.

      --
      rage, rage against the dying of the light
    35. Re:So that's... by testerus · · Score: 1

      It makes no sense to compare NAFTA with the EU. What you have to compare is the Free Trade Unions that are the Euro-Mediterranean free trade area and NAFTA plus the U.S. Middle East free trade area on the US-side.

  4. Re:good for the EU by Meor · · Score: 2, Insightful

    If you think a goverment is anything more than a corporation with guns, you're fooling yourself.

  5. hmmm by Anonymous Coward · · Score: 0

    Gosh, it really sucks now that Bill is gone.

    1. Re:hmmm by SleepyHappyDoc · · Score: 1

      Gosh, it really sucks now that Bill is gone.

      He's not actually gone yet...I wonder if he decided to step down in two years, cuz the legal team figures it'll take that long for the EU to start looking at personal jail time for the executives...

      --
      Stasis is death. Embrace change.
  6. Thats A LOT of money by bombboyer · · Score: 3, Informative

    As of July 5th, 2006: 567 days * 2.51 million per day = $1.423 BILLION Is there any way to avoid this fine?

    1. Re:Thats A LOT of money by jmv · · Score: 4, Insightful

      Yet, it's probably less money than they gained from their anti-competitive practices during that time.

    2. Re:Thats A LOT of money by iotaborg · · Score: 1

      Hi Bill!

      Posting on slashdot for financial advice, wow, I never thought you'd do it. But I think if you bought enough chairs...

    3. Re:Thats A LOT of money by Yaztromo · · Score: 1
      As of July 5th, 2006: 567 days * 2.51 million per day = $1.423 BILLION Is there any way to avoid this fine?

      Have MS file for bankrupcy, and see it through?

      Or is that the answer to "How do we cause the biggest party on /. ever?".

      I'll have to think that over...

      Yaz.

    4. Re:Thats A LOT of money by bombboyer · · Score: 1

      Curses! Beaten to the punch by seconds!

    5. Re:Thats A LOT of money by TwilightSentry · · Score: 1

      There was a way to avoid the fine, for over a year MS could have done SOMETHING (And by that, I don't mean making unreadable source avaliable under a no-compete NDA). MS just decided to gamble that the EU wouldn't have the guts to see the fine through, and it seems they've lost.

      --
      How to enable garbage collection on a system without protected memory: #define malloc() ((void *) rand())
    6. Re:Thats A LOT of money by Anonymous Coward · · Score: 0

      Most likely Microsoft will turn this into a political issue, make this out to be an unjust punishment on an innocent American company, and get the business-friendly US administration involved. Once there is immense political pressure on all EU leaders for this "unjust punishment" which Microsoft really brought upon themselves by refusing to comply for years, there's a good chance that in the end the EU competition authority will find itself gutted and powerless. Microsoft pays the billion-dollar fine, tells everyone how they have been punished... and that's it. They won't publish any protocol documentation and once the political changes are complete the EU competition authority will be satisfied with "following the situation closely".

    7. Re:Thats A LOT of money by Anonymous Coward · · Score: 0

      As a European I can't wait to get my hands on this money. It will enable us to build more frilly fountains here in Birmingham.

  7. Why Vista keeps getting delayed! by jkrise · · Score: 4, Funny

    From TFA: "I can assure you that we are continuing to work day and night with our 300 dedicated engineers to create documentation which is complete and accurate to satisfy the European Commission."

    No wonder then! If it takes 300 engineers, several nights and days to document the protocols of an obsolete OS..... we should be surprised if Vista ships before 2010!

    --
    If you keep throwing chairs, one day you'll break windows....
    1. Re:Why Vista keeps getting delayed! by TheQuantumShift · · Score: 1

      You do have to keep in mind that outsourced phone techs are bestowed the title "Technical Support Engineer"...

      --

      Shift happens. Fire it up.
    2. Re:Why Vista keeps getting delayed! by Kaenneth · · Score: 1

      300 sounds like too many, that many people takes so much effort to coordinate, you lose a ton of labor right off the bat:

      1 manager for every 4 workers: -60, 240 left
      2 testers for every developer: -160, 80 left
      1 administrative assistant for each group of 20: -15, 65 left
      1 hardware support/lab manager for each 60: -5, 60 left
      20 multilingual people for localization: -20, 40 left
      20 more multilingual people for localization testing: -20, 20 left
      Beta liasons, Project managers: -6, 14 left
      Security, Reception: -6, 8 left
      Payroll, Accounting: -6, 2 left
      1 code reviewer for each developer: -1, 1 left

      The one guy able to actually do anything is probably working his ass off.

    3. Re:Why Vista keeps getting delayed! by Cally · · Score: 1

      300 engineers working day and night to provide the API documentation? That suggests that they had no documentation of their own codebase! Holy crap, do the customers know this??

      --
      "None are more hopelessly enslaved than those who falsely believe they are free." -- Goethe
  8. darn by TheKeeper · · Score: 4, Funny

    hmm, ~1.4 billion...
    guess bill can only buy 2 small countrys this year,

    1. Re:darn by RealGrouchy · · Score: 1

      With that kind of money, Belgium will be able to afford copies of MS Office for its workers and citizens!

      - RG>

      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    2. Re:darn by jhdevos · · Score: 1

      > hmm, ~1.4 billion...

      Actually, since the fines are only backdated to 15 December 2005, that figure should be a lot lower. Something like 507.02 Million dollars :-) I don't know how much that is measured in small countries, though.

      Jan

  9. Is it really fair? by zaydana · · Score: 4, Insightful

    My first reaction was "w00t, MS is being fined > 1 billion". But, then I thought about it for a bit. Does even microsoft deserve that kind of ruling? They actually have made some changes, like the windows version without windows media player. And > 1 billion hardly seems to be a fair amount to charge for not documenting your software properly, even if you are a monopoly. It just somehow feels like theres something not right about it, even if it does give me the "eat that microsoft" feelings... call me strange if you want.

    1. Re:Is it really fair? by tehwebguy · · Score: 3, Insightful

      not to mention, like anyone would even opt to buy the "special" versions they forced to make

      --
      -- lol pwned
    2. Re:Is it really fair? by rolfwind · · Score: 5, Insightful

      1. The fine has to be big enough to sway the company receiving it. A billion dollar fine would be overkill for most companies, but MS isn't most companies. Consider that they made much more than this from the European Market in the meantime.

      2. And also to be fair, from what I have seen, MS has been bobbing and weaving like an aging boxer to avoid most of the spirit of the rulings. The commission gave them, up to now, 1.5 years to comply. And the company has been dragging its feet in every direction. This didn't come out of the blue.

      3. If you think this is harsh, consider that an American judge had ordered to split the company up completely.

      BTW, I am not for the commission completely (as I am not pro-EU, the EU tries to get into every aspect of European life which I abhor) but MS doesn't have to do business in Europe. I don't know if this will finally pass but it just has the balls to do what the US Justice Department was too corrupt (from up top) to finish.

    3. Re:Is it really fair? by Mo6eB · · Score: 0

      They might be approaching it the same way, Alphonse Capone was jailed - you know there is something really immoral going on, but you either don't have enough evidence, or the law is moot about their crimes, or maybe even both; so you just get them for some other crime and fine them as much as you can. Maybe even pass a couple of new laws (though the EC hasn't done that here).
      It is also entirely possible, that we Europeans are just greedy little bastards.

    4. Re:Is it really fair? by babbling · · Score: 3, Insightful

      They don't deserve it for bundling a media player with their OS, but they do deserve it for using their monopoly to push proprietary file formats and protocols (eg. Office file formats) so that it is extremely difficult for people to switch away.

    5. Re:Is it really fair? by killjoe · · Score: 1

      MS doesn't have to pay a cent. All they have to do is to document some specs and remove some software from the default install.

      Simple really. I don't see why don't do it.

      --
      evil is as evil does
    6. Re:Is it really fair? by 1u3hr · · Score: 1
      They don't deserve it for bundling a media player with their OS, but they do deserve it for using their monopoly to push proprietary file formats and protocols (eg. Office file formats) so that it is extremely difficult for people to switch away.

      The media player is intended to create exactly the same lockin for media. After a few years, all legal media would come in a choice of MS DRM or nothing.

    7. Re:Is it really fair? by MarkByers · · Score: 1

      It is also entirely possible, that we Europeans are just greedy little bastards.

      Greedy? I think it's not enough. This fine is so small it probably won't change a thing. Microsoft can happily go on doing business in Europe paying this fine every day, whilst ignoring the EU's demands and still making a fortune.

      This is a nice (long awaited) first step towards encouraging interoperability between computers of all types across Europe. But do remember that this is only the first step and there is still a long way to go.

      --
      I'll probably be modded down for this...
    8. Re:Is it really fair? by darkmeridian · · Score: 1, Flamebait

      1. The fine has to be big enough to sway the company receiving it. A billion dollar fine would be overkill for most companies, but MS isn't most companies. Consider that they made much more than this from the European Market in the meantime.

      Well, I guess parking and speeding tickets should be based on how much money you have, too. That's how some countries do it, but do you really want to get fined $30,000 for parking at a hydrant?

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    9. Re:Is it really fair? by Pink+Tinkletini · · Score: 3, Insightful

      The fine should be based on the cost to society of your breaking the law. Everyone would pay the same amount for parking in front of a hydrant, but the comparatively enormous fine imposed on Microsoft is appropriate to the impact of its actions relative to some no-name software outfit doing the same thing. Seems to me this would be a more appropriate way to calculate fines than a sliding scale based on your income.

    10. Re:Is it really fair? by JohnFluxx · · Score: 1

      If you repeatedly parked every day because you could pay the normal fine without worrying? hmm, seems like a good idea.

    11. Re:Is it really fair? by arose · · Score: 0, Troll
      Well, I guess parking and speeding tickets should be based on how much money you have, too. That's how some countries do it, but do you really want to get fined $30,000 for parking at a hydrant?
      Of course you wouldn't want that, that's the whole point.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    12. Re:Is it really fair? by Loonacy · · Score: 1

      That would be fair if you made $30,000 for parking at that hydrant.

    13. Re:Is it really fair? by Kadin2048 · · Score: 1

      Well said.

      I don't believe in making a speeding ticket relative to one's income, because the danger caused by a rich person speeding isn't any greater than a poor person speeding -- either way, they're still causing as much danger to the people around them. (I would, however, be OK making the fine proportional to the curb weight of your vehicle, say $1 per pound/kilo, but that's another story.)

      When Microsoft does something anti-consumer, because they are so big, the damage is much greater than if Joe Blow's Pretty Good Computers does the same thing. Thus, the fine should be higher.

      The fine should depend entirely on the 'crime' being punished; however, sometimes the measure of the crime requires the size of the perpetrator to be taken into account.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    14. Re:Is it really fair? by babbling · · Score: 1

      Yes, but that's only one particular aspect of what is actually a larger problem. The problem is that Microsoft refuses to support open standards.

      Instead of getting Microsoft to release a Windows minus a media player, the courts should address the problem at its roots:
      - Force Microsoft to document their file formats.
      - Don't allow the patent offices to grant patents that prevent software from implementing particular protocols or support for file formats/codecs.

    15. Re:Is it really fair? by cgenman · · Score: 1

      Well, I guess parking and speeding tickets should be based on how much money you have, too. That's how some countries do it, but do you really want to get fined $30,000 for parking at a hydrant?

      If you have a car, and you park at a hydrant, you'll get a ticket. If you refuse to pay the ticket, you'll get a summons. If you refuse to accept the court's ruling, you'll get a fine. If you refuse to pay your fine, you'll get a bigger fine. If you refuse the bigger fine, you'll get your car reposessed.

      That can quickly add up to 30,000 dollars.

    16. Re:Is it really fair? by Overly+Critical+Guy · · Score: 1

      Microsoft was told the consequences of not complying with the API documentation requests. Of course they deserve the ruling. The fine goes back to the date they were told to comply and is meant to punish them for each day of noncompliance. If they had complied, they wouldn't be fined. You're essentially asking if it's unfair to enforce the law.

      --
      "Sufferin' succotash."
    17. Re:Is it really fair? by Demena · · Score: 1

      I disagree that everyone sould pay the same amount. I think that a penalty for anti-social behaviour should hurt equally. Hence, if you have more you pay more.

    18. Re:Is it really fair? by Overly+Critical+Guy · · Score: 1

      It's not a billion dollar fine; it's a fine for each day since the deadline that they broke the law for not complying with the documentation request. If you were fined for parking in front of a hydrant and kept doing it for over a year, you'd be paying a lot of money too. All they had to do was comply with the law.

      --
      "Sufferin' succotash."
    19. Re:Is it really fair? by Anonymous Coward · · Score: 0

      You're talking about one of the worlds largest companies. The fine has to be noticed by them.

    20. Re:Is it really fair? by Kopretinka · · Score: 1
      When you think about how much $1.4bn is, and that it's not deserved for some lacks in documentation, please note that
      • the ruling was made back in 2004, Microsoft has not complied after a year and a half, they knew about the daily fine tho.
      • Microsoft has net revenue of $12bn (according to wikipedia), so the fine will not even make them have to look for the cash.
      --
      Yesterday was the time to do it right. Are we having a REVOLUTION yet?
    21. Re:Is it really fair? by Eivind · · Score: 3, Insightful
      Giving someone a fine is supposed to serve 3 purposes; (which all adds up to the 1 purpose of preventing certain behaviour from occuring)

      • First, the knowledge that certain behaviour can lead to fines would tend to discourage you from engaging in that behaviour in the first place.
      • Two, if you do engage in it anyway, and receive a fine, you migth be discouraged from doing the same thing again.
      • Three, when others observe you getting a fine for certain behaviour, they may conclude they themselves should refrain from that behaviour.

      In order for the two first to work, the fine must be sufficient to influence your behaviour. If you earn a thousand dollars a week, obviously the risk of getting a 50 cent fine for some behaviour or other is unlikely to deter you much.

      On this background, scaling fines by the income of the recipient makes perfect sense. True for individuals, even more so for companies. A $5000 fine could be sufficient to influence a tiny company, on MS it obviously would not even register.

      If you did *not* scale the fines then you'd have two alternatives when it comes to companies. Either the fines are so high that any fine at all results in instant bankruptcy for all small and medium companies, or the fines are so low that they are completely ineffectual as tools for modifying large-company-behaviour.

    22. Re:Is it really fair? by cgenman · · Score: 1

      The actual behavior in question here really isn't "Did Microsoft break european antitrust laws" but rather "Did Microsoft disobey the european courts." Sorry if I didn't make that clearer in my post.

      Their "fine" for their illegal activities was that they had to open their protocols and level the playing field... basically saying "stop doing that". Their "fine" for disobeying the first court's ruling was 1.4 billion dollars.

      Never disobey a court ruling without extremely sturdy legal ground. They really hate that.

    23. Re:Is it really fair? by Alsee · · Score: 5, Interesting

      And > 1 billion hardly seems to be a fair amount to charge for not documenting your software properly

      Because that is NOT what they are being fined for.

      Microsoft was convicted of breaking the law, and the court levied NO punishment - I repeat *NO* punishment for that crinimal behaviour. The court merely ordered that they stop engaging in that criminal behavior, and ordered a remedy merely to stop the damage to the market from continuing. The remedy specifically being an order to permit a version of Windows with Media Player unbundled, and to document the protocols to permit competition in other software markets on an even footing. (Note that the US anti-trust conviction of Microsoft was purely remedy and carried no punative component either.)

      So why is Microsoft being fined well over a billion dollars? Because they did something else illegal!

      Microsoft is being fined for willful contempt of a lawful court order! The conviction and cort order was long ago. Microsoft deadline for compliance with the court order was over a year and a half ago! And like an overdue library book, Microsoft has been racking up a daily fine for their willfull disreguard with a lawful court order.

      Microsoft has drawn out this battle for so long that Microsoft gets to reap the rewards of their illegal behavior, and any remedy to terminate that particular illegal behavior becomes null and void. By the time this fight ends, Windows Vista will be just about to hit the market. Any documentation for working with previous operating systems becomes pretty well moot. Microsoft is using an illegal delying tactic to defeat the court order - to defeat the court itself. And delaying and refusing to comply with a court order carries a very specific penalty at law. That illegal behavior carries a signifigant $ daily fine. And that fine is entirely under Microsoft's control. Microsoft has chosen day after day to continue violating the law. Microsoft has chosen day after day to increase the fine they have to pay. Microsoft could have gotten off with $ZERO fine had they complied a year and a half ago.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    24. Re:Is it really fair? by fbjon · · Score: 1

      There is a danger that a rich person won't care one bit, no matter how many speeding tickets he gets. That's why it good that it's more expensive for him: the point is that it should sting the same amount for everyone.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    25. Re:Is it really fair? by vidarh · · Score: 1
      I don't believe in making a speeding ticket relative to one's income, because the danger caused by a rich person speeding isn't any greater than a poor person speeding -- either way, they're still causing as much danger to the people around them. (I would, however, be OK making the fine proportional to the curb weight of your vehicle, say $1 per pound/kilo, but that's another story.)

      The fine isn't there to cover the "cost" of the risk to society, but to encourage people to refrain from that behavior.

      That effect depends on the fine actually hurting enough for people to think twice about taking the risk. Punishing everyone equally doesn't achieve that goal - it makes the punishment have less impact on people who make more.

    26. Re:Is it really fair? by paedobear · · Score: 1

      You do realise that the courts DID order them to do so, and their refusal to do so is why they're getting fined.

    27. Re:Is it really fair? by Tough+Love · · Score: 2, Funny

      There is a danger that a rich person won't care one bit, no matter how many speeding tickets he gets. That's why it good that it's more expensive for him: the point is that it should sting the same amount for everyone.

      Yes, and stupid grin aside, here is exactly how to go about that.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    28. Re:Is it really fair? by NickFortune · · Score: 1
      Not to mention the fact that parking in front of a hydrant has a very localised effect.

      Microsoft here are (to stretch the analogy somewhat) parking in front of every hydrant in the EU.

      --
      Don't let THEM immanentize the Eschaton!
    29. Re:Is it really fair? by KDR_11k · · Score: 1

      If WMV wasn't so heavily entrenched already retailers could use the M version to ask for "sponsoring fees" from the various companies offering media playback software. So MS would have to pay them extra to have WMP included, otherwise they might risk ending up with e.g. Dells shipping only with Quicktime installed.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    30. Re:Is it really fair? by KDR_11k · · Score: 1

      I don't know about other countries but in Germany we have the points system, 18 points and your license is gone. There are penalties associated with lower point counts but I don't recall all of them. Those are in addition to the fines.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    31. Re:Is it really fair? by KDR_11k · · Score: 1

      This fine was exactly because the courts ordered MS to document their interfaces and MS not doing so.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    32. Re:Is it really fair? by pembo13 · · Score: 1

      No they do not, they _deserve_ 10 fold. And that is in base ten.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    33. Re:Is it really fair? by Magada · · Score: 1

      I'll bite.
      Yes, they did deserve it. Did, not do. The ruling they are ignoring was something like 18 or 19 months ago. They could have made public the APIs and documentations the day after and walked away with zero fines paid and a clear conscience.
      No, the money is not charged for "not documenting software" - it's being charged for "not complying with a court order".

      --
      Something bad is coming when people are suddenly anxious to tell the truth.
    34. Re:Is it really fair? by ajs318 · · Score: 1

      I believe quite strongly in making fines relative to your income. Otherwise a rich person could potentially keep committing petty crimes and paying the fine, while poor people suffer. Mandatory custodial sentences for repeat offenders are of limited help in this case, because you can't send a corporation to prison.

      --
      Je fume. Tu fumes. Nous fûmes!
    35. Re:Is it really fair? by Eivind · · Score: 1
      True. There is a legal ruling saying that MS has to do so-and-so by date so-and-so. That date is well in the past, and Microsoft has, infact, not actually done so-and-so.

      It's hardly surprising that this carries stiff penalties. Having a legal system at all is pointless if society does not, at the same time, forcefully insist that judgements are respected and adhered to.

    36. Re:Is it really fair? by ichigo+2.0 · · Score: 1

      There's a good reason for that. There will only be two versions that have WMP stripped from them, Vista Home Basic N and Vista Business N. Vista Home Basic N will not include Aero (the new GUI), so if you want to buy a version of Vista that doesn't have WMP but does have all the new eyecandy, you will be forced to buy the much more expensive Business edition. This will practically guarantee that no home users will buy the WMP-free editions, thus again only giving the illusion of compliance from Microsoft.

    37. Re:Is it really fair? by ichigo+2.0 · · Score: 1

      VLC plays WMV files, so one doesn't have to use WMP. As an added bonus, it doesn't use external codecs, so no more codec pack bloat for me.

    38. Re:Is it really fair? by Shaper_pmp · · Score: 1

      Well, I think that being forced to open their protocols and APIs was considered punishment enought for that.

      The >1 billion USD fine is for being found guilty of the above, and then not even complying with their legally-decided punishment.

      This is important - MS are not being fined >1 billion for their antitrust issues. They're being fined because they clearly consider themselves above the law, and will quite happily disobey the legal authority of an entire continent.

      --
      Everything in moderation, including moderation itself
    39. Re:Is it really fair? by NickFortune · · Score: 1
      Well, I guess parking and speeding tickets should be based on how much money you have, too. That's how some countries do it, but do you really want to get fined $30,000 for parking at a hydrant?

      So you reckon that we should use the same criteria for punishing people as as we do for corporations?

      You know, I almost like the sound of that. Let's harmonize the laws for private citizens to bring them into line with corporate crime.

      For a start, we can get rid of all those prisons - no jail time for anyone, just fines.

      Second, let's set the fines for most offenses to a token payment. Let's say 10 cents standard. That means anyone with a source of income can ignore as many laws as they can afford. I guess we can expect theft, violence and fraud to rise a little as a result, but that's just the market at work I guess.

      Alternatively we can use the approach the EU took with Microsoft. When I break a law I don't get punished at all, they just tell me to stop doing it. If I'm still dumb enough to be doing it a year later they can fine me a months wages.

      It doesn't sound like a world everyone would like to live in, but at least we'd be using the same yardstick for individuals and corprorations. I mean, that is the most important thing, right?

      --
      Don't let THEM immanentize the Eschaton!
    40. Re:Is it really fair? by just_forget_it · · Score: 1

      In Germany, traffic fines are based on income. It's a social balancing mechanism that gives the rich the same incentive as the poor to obey traffic laws. In America, if a rich person gets a speeding ticket, it's a fine that is pocket-change to them, but a to a poor person it could mean they have to go without food for a day, or something to that effect.
      It's the same principle with corporations. Fines exist as a deterrent, and if they are not deterring crime, they need to either be raised or eliminated in favor of a more effective method. What is a $50,000 fine to a multi-billion dollar corporation? It's pocket change. A lot of businesses just eat the cost of fines because it's actually CHEAPER for them to just pay than changing their whole business to be in compliance. So what good is the fine if it's not going to change anything?
      2.5 Million dollars a day is a big deal even to a company like Microsoft. Sure, they could weather the storm and still survive paying the daily fine (I'm sure their daily operating costs are waaaay more than that) without going out of business, but they are a publicly traded company, and having a needless expense like that doesn't sit too well with shareholders. So in addition to the fine is the loss of stock value, which can add up quickly.

    41. Re:Is it really fair? by ultranova · · Score: 2, Insightful

      The fine should be based on the cost to society of your breaking the law. Everyone would pay the same amount for parking in front of a hydrant,

      No. You misunderstand the purpose of a fine. It doesn't exist to repay the damage, it exists to discourage the undesired behavior. It is a punishment, not a damage settlement. If the rich and the poor pay the same monetary amount as the fine, then the poor is going to be hit a lot harder than the rich, and thus they are not equal before the law. The only way to keep the punishment approximately the same is to scale the money loss with the monetary resources of the one being punished.

      Basically, a fine is used when jailtime is either considered too hard a punishment or is otherwise impractical.

      Besides, parking in front of the fire hydrant could, in the worst-case scenario, lead to an out-of-control fire that kills hundreds of people, so if we go the cost-to-society rote, it should carry a mandatory death penalty.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    42. Re:Is it really fair? by AnotherBlackHat · · Score: 1

      Besides, parking in front of the fire hydrant could, in the worst-case scenario, lead to an out-of-control fire that kills hundreds of people, so if we go the cost-to-society rote, it should carry a mandatory death penalty.


      In the grand old tradition of eye-for-an-eye, how about giving them a 1:100,000 chance (or whatever the odds of a fire are) of the death penalty?

      -- Should you believe authority without question?
    43. Re:Is it really fair? by laffer1 · · Score: 1

      They deserve it for all of the above. Almost all websites use Windows Media now. If you aren't using windows (and a recent version at that), you can't see news stories on CNN or MSNBC for example. Sure some of cnn's content is in real format, but not all of it. I can't even watch some content because of browser/media player javascript checks even though i'm using Windows Media player on my mac or flip4mac. I haven't tried browsing in linux/bsd lately, but i'd image its even worse on those platforms.

      Anyone running a website with content, use at least 2 formats! I should have to own a windows copy or a mac to watch a website. That means use quicktime, real, windows media or something more open yet. And no, not everyone can run flash contrary to popular belief. You effectively only get windows/mac/linux with flash. (and 2 of the 3 on x86) What about other unix like operating systems? What about other processor architectures?

      I'd like to see Microsoft forced to give out an implementation of their file sharing and office formats in an OSI approved license. If its open source AND implemented we can see some real competition from the linux community and apple. (hopefully others as well)

    44. Re:Is it really fair? by jratcliffe · · Score: 1

      "That's why it good that it's more expensive for him: the point is that it should sting the same amount for everyone."

      By this same logic, rich people should serve shorter prison sentences, since prison is a bigger decline in lifestyle for them than for poor people.

    45. Re:Is it really fair? by Anonymous Coward · · Score: 0

      Excellent. Totally fine with the stain thing.
      Hell, the amount I'm putting in will be far far more than what I'd get out even assuming the system actually worked
      and returned anything.

      Sooo, just one question. Now that I'm free, mind pointing me to the opt-out button?

    46. Re:Is it really fair? by Tom · · Score: 1

      But, then I thought about it for a bit. Does even microsoft deserve that kind of ruling?

      Don't forget that 1 billion sounds like really a lot of money to you. For MS, it'll just about barely hurt. We talk about their 50 billion cash reserves on /. all the time. If that figure is correct, they just lost 2 percent of it.

      --
      Assorted stuff I do sometimes: Lemuria.org
    47. Re:Is it really fair? by ezeri · · Score: 1

      Not realy, the fire department will quickly and gladly tear your car to pieces to get at the hydrant. They do carry the equipement with them.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now. - Ed Howd
  10. EU? by Anonymous Coward · · Score: 0

    I'm not a fan of M$'s business tactics, but the fuggin EU stepping up and trying to get a billion dollar slice of the pie is ridiculous. I hope Microsoft doesnt pay any of that.. If anyones gonna try to gorge M$'s bank account let that be the US, so US citizens might reap some of the benefits..

    1. Re:EU? by Anonymous Coward · · Score: 0

      Why should the EU not fine Microsoft? Is it because they have no business preventing Microsoft from damaging member state economies? Is it because they should not attempt to reclaim tax revenue lost due to Microsoft trampling member state software companies via clearly unlawful business practice? Do you think that the EU should not fine MS because you are a US citizen and hey damnit that's like not fair dude we need that cash stateside so that Bill can give it to people with AIDS in India?

    2. Re:EU? by fbjon · · Score: 2, Insightful

      You mean Microsoft has done no wrong and no damages in the EU, only the US? Welcome to a more global world.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
  11. Why no comment? by bobdotorg · · Score: 4, Funny

    An EC spokesman was unwilling to comment.

    Seconds earlier that night, said EC spokesman was was overheard in an Amsterdam cafe, "Dude! Can you believe it? $1.4 Billion. Pass that shit over here, some jackass American reporter is ringing my mobile."

    --
    __ Someday, but not this morning, I'll finally learn to use the preview button.
  12. Will this really make a difference? by detritus` · · Score: 0, Redundant

    I know this is gonna burn me by saying so, but i honestly see this as a money grab more than anything else. Microsoft isnt going to change its business strategy anytime soon because of this. If they really cared about this fine they'd refuse to pay it and watch the uproar that would ensue when it became illegal to sell Windows in the EU. Do you really believe the majority would accept that they could not use the most popular OS in the world? The really sad part is that judgements like this are the reason windows sells for $300-400 instead of 50-100, as future judgements like this are part of their pricing model

    1. Re:Will this really make a difference? by remembertomorrow · · Score: 1

      Do you really believe the majority would accept that they could not use the most popular OS in the world?

      Better order some Ubuntu cds for the EU.

      https://shipit.ubuntu.com/

      --
      Registered Linux user #421033
    2. Re:Will this really make a difference? by Anonymous Coward · · Score: 0

      well, who told you that? they will sell it for 400$ anyway. ppl will buy it, as they have so far.
      its just a matter of: where that money goes? EU or MS?
      they can't (pray to god) get away with a 600$ OS.

    3. Re:Will this really make a difference? by Anonymous Coward · · Score: 0

      I see you're becoming more powerful again!

    4. Re:Will this really make a difference? by geoff+lane · · Score: 4, Insightful

      MS is getting off cheap. The EU can currently fine a company 10% of their GLOBAL annual turnover. So a fine of only a billion or two is just a warning.

      But, really, what can you say about a company who seems to be unable to produce _usable_ technical documentation for their headline product?

    5. Re:Will this really make a difference? by Almost-Retired · · Score: 2, Insightful

      If they really cared about this fine they'd refuse to pay it and watch the uproar that would ensue when it became illegal to sell Windows in the EU.

      It will never happen. Even if (which I doubt as they'll at least try to kill eons with negotiations) Bill has to write the check (and keep writing them daily until the EU is satisfied) there is no way in hell that M$ will just let the EU default to linux or the various bsd's.

      As for the price per day, ISTR seeing someplace that the fine was chosen to match the estimated sales per day within the EU. Can anyone deny/confirm that? If true, then I don't see it as excessive. Were I setting it, given the testimony thats been given ink that I've seen, I think I'd have chosen it to be a net loss per sale, of the price of the sale, or 2x the street price.

      I'm with Linus in this: "If we change how microsoft does business, then we will have won".

      As for the billions Bill has, I would wager that if he actually did business on the merits of his product, 2 things would have already happened. 1. Windows would be a hell of a lot more stable and secure than it historicly has been, and 2. He would have made even more money! Of course that would have had to happen 20 years ago in order to head linux off at the pass. I don't recall what his worth was then, but it surely would have been sufficient to survive the corporate direction change that would have required. One things for sure, M$ has enough in the bank to survive a rebirth in the business office, so I fail to see why the hint isn't being taken other than the corporate blinders are causing a total, identifiable by any optometrist, case of tunnel vision.

      --
      Cheers, Gene

    6. Re:Will this really make a difference? by hxnwix · · Score: 1

      Sure. It's all the EU's fault that Windows costs allot, because Microsoft can see the future and priced their products accordingly. Rather than just NOT DOING ILLEGAL SHIT. Uh-huh. That's because they're evil, right? They can see the future and they are evil. We should accept their illegality, because otherwise they will just up the cost of our crack.

    7. Re:Will this really make a difference? by Anonymous Coward · · Score: 0

      "Microsoft isnt going to change its business strategy anytime soon because of this."

      Probably not, but only if they earn more from screwing users than they lose in fines. The fines should probably be higher to make them comply.

      "If they really cared about this fine they'd refuse to pay it and watch the uproar that would ensue when it became illegal to sell Windows in the EU."

      Won't happen. What will happen is that MS will have their assets in EU appropriated. That could include "intellectual property", and I really don't think MS would want that to happen.

      "The really sad part is that judgements like this are the reason windows sells for $300-400 instead of 50-100, as future judgements like this are part of their pricing model"

      Learn some basic economy. MS prices their products as high as they can without losing profit. Their operating costs has nothing whatsoever to do with their prices.

    8. Re:Will this really make a difference? by Salsaman · · Score: 5, Insightful
      judgements like this are the reason windows sells for $300-400 instead of 50-100

      Nope. I think you have it the wrong way round. The fact that Microsoft is an (illegally maintained) monopoly, is what *allows* them to sell an operating system for 300 - 400 instead of a more reasonable 50 - 100.

    9. Re:Will this really make a difference? by JanneM · · Score: 2, Interesting

      If they really cared about this fine they'd refuse to pay it and watch the uproar that would ensue when it became illegal to sell Windows in the EU.

      When a company or private individual refuses to pay a fine, what happens is they have the tax authorities impound goods or money up to the amount. And if they still refuse, the impounded assets are sold off to pay the fine (with any surplus going back to the previous owner of course). In the case of MS, they have various national subsidiaries with associated corporate accounts that would easily cover a fine of even this size. Nobody is going to stop selling Windows over this.

      In practice, of course, if a fine is finalized, MS (or any company) pays. Having authorities raid your offices, with pictures of grim-looking officials carrying off financial records by the boxfuls is enough of a PR disaster that refusing isn't an option - especially since non-payment shows up pretty starkly in the company credit and especially since you end up paying the money in any case so you don't even actually gain anything by the pointless gesture.

      --
      Trust the Computer. The Computer is your friend.
    10. Re:Will this really make a difference? by philipgar · · Score: 1

      I don't think the question is whether MS would let the EU default to linuxes and BSDs. That just would not happen. At least no time soon. MS can threaten the EU to remove their product from the market. Sure they make more money then they'd lose, but the EU can't afford for them to back out of their country. The cost of all companies switching over to linux/bsd, not to mention how many companies would leave the EU rather than convert would be far too great (likely in the trillions). While linux is sometimes a better replacement, many applications aren't available. The effect of MS backing out would be disastrous to the economy.

      Of course if the government allowed widespread piracy of windows and other MS products, that might stop some of this, but how much would that cost in other companies being afraid of doing business in the EU for fear of the EU allowing their products to be distributed like that. Basically it all boils down to simple economics, the gains to the economy due to MS doing business in the EU is greater than the cost of their products.

      On a side note, I will say I am not a windows user. I own a macbook, and a couple linux boxes to run my services and other usages. Personally I find this solution to be better, but obviously most of the world doesn't, and I don't have the right to tell them what they can and can not run.

      Phil

    11. Re:Will this really make a difference? by Almost-Retired · · Score: 1

      The applications may not be available NOW, but that doomsday scenario won't fit for long, and the coders who will be asked to duplicate/improve the NLA M$ stuff will suddenly find they've got all the work they can handle. Things might get rough for a month or 2, but IMO one year down the log, most will be better off, and 2 years down the log everyone will be asking themselves "why the hell didn't we do this in the first place?"

      That won't be done behind soundproof walls and razorwire fences either, it will filter out to the rest of the world. At that point, M$ becomes irrevelant unless they actually have a better product. Vista will make or finish them and the choice is M$'s to make.

      But, what do ya wanna bet? Rather than compete on a level playing field, they'll spend obscene amounts of money on lawyers, the other scourge of civilization.

      --
      Cheers, Gene

    12. Re:Will this really make a difference? by Anonymous Coward · · Score: 0

      So, ifI have you right, all I ought to need to do to avoid fine is to not pay. The fine will go up and interest will compund the problem. After long enough, this will increase the fine so much that the fine is to much to pay for the crime comitted and I no longer have to pay for it.

      Cool.

    13. Re:Will this really make a difference? by k-sound · · Score: 2, Interesting

      The really sad part is that judgements like this are the reason windows sells for $300-400 instead of 50-100

      I thought they did that because the need to pay 5 billion developers for 10 years every to make a new version of windows

    14. Re:Will this really make a difference? by Alsee · · Score: 5, Interesting

      i honestly see this as a money grab more than anything else

      You need to clean your glasses. This is not a money grab. This is Microsoft CHOOSING to give away money.

      Microsoft was convicted of breaking the law, and the fine and penaty was ZERO. NO FINE, NO PENALTY. This is like you break a storefront window, and the court orders you not to break any more windows and to clean up the broken glass all over the storefront and to replace the window you broke. The court requires you to stop breaking the law, and to remedy the damage you did. You (and Micrsoft) get the chance to away scott-free with NO PUNISHMENT for breaking the law.

      But then you do something really stupid. You replace the window you broke, but you willfully act in contempt of court and refuse to sweep up the broken glass all over the sidewalk in front of the store. The court gives you a week to sweep up the broken glass, and still you refuse to comply. The court then levies a contempt of court fine of $X per day. And then for the next YEAR AND A HALF you still refuse to sweep up the broken glass. And you call it a "money grab" when you rack up over a year and a half of fines?

      Microsoft was given ample tiome to comply. Microsoft CHOSE day after day to willfully act in contempt of a lawfull court order. Microsoft CHOSE to rack up a dailly fine. Microsoft basically CHOSE to give away money day after day. Microsoft could have gotten off scott-free with $ZERO fine.

      they'd refuse to pay it

      Are you STUPID? Do you seriously think that you can hop on a plane, set up shop doing business in some other country, that you can BREAK THE LAW in that country day after day, and that you could get away with simply refusing to pay court ordered fines?

      No, you do not go into some country and dick around with the government like that. At first the courts are nice and simply ask you to pay the money you owe. If you are a moron and attempt to refuse to pay a lawful debt to the government, then the government simply orders the banks to seize and turn over the owed debt from any accounts. And the government can simply order customs to seize any imports/exports from the territory to pay the debt. And then the government can simply order the police to physically seize any physical assets and any and all buildings and land. And if you really piss off the government they can order the police to start physically arrest and imprison the individuals stupid enough to persist in disobeying the law and disobeying lawful court orders.

      watch the uproar that would ensue when it became illegal to sell Windows in the EU

      Oh, that one is my favorite part! LOLOL!

      Let's assume that Microsoft somehow managed to empty all of the money from all EU bank accounts and had no future payments due for collection from EU companies, so that the courts could not simply order banks to hand over the money owed. And let's assume that Microsoft somehow magically owns no offices and owns no seizeable assets and property anywhere in the EU. And let's assume that all Microsoft employees manage to flee the countries and are unarrestable for noncompliance with the law. And let's assume that the courts in the US and Japan and the rest of the planet decline to honor debt collection in cooperation with the EU courts and decline to locally seize any bank accounts and assets.

      Let's assume ALL of that. Let's assume that Microsoft could successfully play a game of "Nya nya nya you can't catch me!" with the EU legal system.

      Then it gets REALLY fun! Because if Microsoft dissess the entire EU court system and cuts off all contact with the EU legal system, then GUESS WHAT! Then Microsoft cannot avail themselves of benefits and protections of the EU court system. The EU courts can refuse to accept any cases from Microsoft attempting to sue for enforcement of copyright or patent or trademark infringment. The EU courts can effectively null and void all of Microsoft's copyrights and patents and trademarks. All of Microsoft's software would effectively become public domain.

      So rather than "illegal to sell Windows in the EU", in fact it could ultimately become perfectly legal for anyone and everyone to copy and modify and sell any and all Microsoft software at will.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    15. Re:Will this really make a difference? by spectecjr · · Score: 1

      Nope. I think you have it the wrong way round. The fact that Microsoft is an (illegally maintained) monopoly, is what *allows* them to sell an operating system for 300 - 400 instead of a more reasonable 50 - 100.

      Compare that to historical prices for other operating systems. Until Linux came around, Windows was the cheapest operating system. Taking into account inflation, it still is. Linux is only as cheap as it is because people work on it for free.

      The next question is: should this push the price down? Arguably, Linux operates outside of the capitalist market - it doesn't obey the same laws.

      --
      Coming soon - pyrogyra
    16. Re:Will this really make a difference? by maggern · · Score: 3, Insightful
      The really sad part is that judgements like this are the reason windows sells for $300-400 instead of 50-100, as future judgements like this are part of their pricing model
      No, the high price is a consequence of a monopolistic situation where the buyer has almost no alternatives.
    17. Re:Will this really make a difference? by The+Cydonian · · Score: 1

      A commentor pointed out that this is, in fact, 11.4% of their income in 2005. To which, I suppose, you'd retort by pointing out the difference between income and turnover, which, save from a clinical distinction in definition, is something uniquely ignorant of.

    18. Re:Will this really make a difference? by ajs318 · · Score: 1

      Well, you'll just have to write your own operating system, won't you?

      And lay off the queer-bashing. It's just nature's form of contraception, which is exactly what an overpopulated world needs right now. You needn't worry about receiving any unwarranted attention: if women don't want to sleep with you, then men definitely won't want to sleep with you.

      --
      Je fume. Tu fumes. Nous fûmes!
    19. Re:Will this really make a difference? by Anonymous Coward · · Score: 0

      Do you even know what "allot" means?

    20. Re:Will this really make a difference? by Salsaman · · Score: 1

      That's really a straw-man argument. Historically demand for operating systems was very low, no more than a few tens of thousands of units per year. So many machines are sold these days that the operating system can be commoditised.

      Your argument also falls down in other ways. For computers like the C64, Apple II, Sinclair Spectrum, etc. the operating system was free.

      You could also argue that Linux is only free (as in price) because it's the only way to compete with a monopoly. If it operates outside the capitalist system, perhaps that is because there is no capitalist system in operating systems. There is a monopoly, and everything else.

    21. Re:Will this really make a difference? by houghi · · Score: 1
      Are you STUPID? Do you seriously think that you can hop on a plane, set up shop doing business in some other country, that you can BREAK THE LAW in that country day after day, and that you could get away with simply refusing to pay court ordered fines?


      I could not agree anymore. Otherwise many Amsterdam coffeeshop owners would start a store in the USofA. I am sure there are several that would be interested in doing so. There is demand, so no problem there.
      --
      Don't fight for your country, if your country does not fight for you.
    22. Re:Will this really make a difference? by gsslay · · Score: 2, Insightful
      If they really cared about this fine they'd refuse to pay it and watch the uproar that would ensue when it became illegal to sell Windows in the EU.

      You're funny. You think that Microsoft keeps all their assets and money in a big vault in the USA where the EU can't reach it. Do you think Microsoft only exists as a walled citadel in Redmond and a big delivery truck drives out every week with a 'Europe' sticker on its side? Do you think that once the EU is thwarted they will throw a huff and outlaw Microsoft products?

      What's more likey, (meaning it's only slightly more likely than something that's never going to happen in a billion years) is that if MS doesn't pay, the EU would withdraw all legal protection from MS products and licences. Effectively make them free in the EU.

    23. Re:Will this really make a difference? by hxnwix · · Score: 1

      Thanks, actually. It's no good making a mistake like that a lot.

    24. Re:Will this really make a difference? by nosferatu1001 · · Score: 1

      They would just seize MS property, rather than ban the sale of Windows - after all, courts have been doing that for years....

      IT is NOT, i repeat NOT a money grab - seriously, have you read ANY of TFA? If this really were a money grab they would have not given MS 18 months to comply with a court order, and instead started fining from day 1 - remember there has been ONLY REMEMDY so far, and no PUNITIVE for the original illegial actions.

    25. Re:Will this really make a difference? by CODiNE · · Score: 1
      Then it gets REALLY fun! Because if Microsoft dissess the entire EU court system and cuts off all contact with the EU legal system, then GUESS WHAT! Then Microsoft cannot avail themselves of benefits and protections of the EU court system. The EU courts can refuse to accept any cases from Microsoft attempting to sue for enforcement of copyright or patent or trademark infringment. The EU courts can effectively null and void all of Microsoft's copyrights and patents and trademarks. All of Microsoft's software would effectively become public domain.


      The best part is... after that a European company can set up a website called AllofMS.com and sell legal copies of Windows to American buyers for $5 ...

      Then of course the U.S. government will have to kick the EU out of the WTO.
      --
      Cwm, fjord-bank glyphs vext quiz
    26. Re:Will this really make a difference? by Anonymous Coward · · Score: 0
      Let's assume ALL of that. Let's assume that Microsoft could successfully play a game of "Nya nya nya you can't catch me!" with the EU legal system. Then it gets REALLY fun! Because if Microsoft dissess the entire EU court system and cuts off all contact with the EU legal system, then GUESS WHAT! Then Microsoft cannot avail themselves of benefits and protections of the EU court system. The EU courts can refuse to accept any cases from Microsoft attempting to sue for enforcement of copyright or patent or trademark infringment. The EU courts can effectively null and void all of Microsoft's copyrights and patents and trademarks. All of Microsoft's software would effectively become public domain. So rather than "illegal to sell Windows in the EU", in fact it could ultimately become perfectly legal for anyone and everyone to copy and modify and sell any and all Microsoft software at will.
      Please stop fuelling my fantasies! You've just given me an ear to ear shit eating grin.
    27. Re:Will this really make a difference? by r3m0t · · Score: 1

      "not to mention how many companies would leave the EU rather than convert would be far too great (likely in the trillions)."

      So you think TRILLIONS of companies will leave the EU?

      Dude, the whole world population is only 6 billion.

    28. Re:Will this really make a difference? by fuzznutz · · Score: 1
      Windows was the cheapest operating system. Taking into account inflation, it still is. Linux is only as cheap as it is because people work on it for free.

      Sorry, but no... Apple OSX Tiger is $129 retail through the Apple store online. And I assume you don't remember the ones fallen by the wayside; Be, DOS, DR DOS, CP/M 86, GEM, OS/2 and a host of others. Microsoft has never been "cheap," just ubiquitous.
    29. Re:Will this really make a difference? by spectecjr · · Score: 1

      Sorry, but no... Apple OSX Tiger is $129 retail through the Apple store online. And I assume you don't remember the ones fallen by the wayside; Be, DOS, DR DOS, CP/M 86, GEM, OS/2 and a host of others. Microsoft has never been "cheap," just ubiquitous.

      That's upgrade pricing - you can't buy OSX in the first place without buying a Mac. Comparatively, Windows XP Home Edition Upgrade is $99.99 - which is cheaper.

      --
      Coming soon - pyrogyra
    30. Re:Will this really make a difference? by fuzznutz · · Score: 1
      That's upgrade pricing - you can't buy OSX in the first place without buying a Mac. Comparatively, Windows XP Home Edition Upgrade is $99.99 - which is cheaper

      And XP professional upgrade is $199. Are you saying Mac OSX is closer to XP Home than Professional?
    31. Re:Will this really make a difference? by philipgar · · Score: 1

      oops, I meant to say as the cost to convert would be fat too great (likely in the trillions). The number of companies that would leave is irrelevant, as it's total dollar figures that matter.

      As for the comments about eventually software converting to mac/linux, that might be true, and they probably would, however there is a large extra cost required of all the developers to port applications to multiple OS's and keep them supported. Do you think this cost wouldn't be paid by the consumers in some way shape or form?

      Besides, while the long term is important, a short term (a year or two) upset of all of the EUs computer systems would have a devastating effect on the countrys economy. The EU can not afford a deppression over a software vendor.

      Additionally if companies chose to simply violate MS's IP, there would be even more havok laid out. First MS would step up it's antipiratism measurements preventing updates etc, while cracks might work, they represent a major pain for large corporations. Additionally there's the problem of multinational corporations. What are they going to do when MS tells them that they can't do business with them in other countrys (where IP is enforceable) unless they buy legitimate versions of their softwares in the other countries? While clever restructurings might avoid some of those problems, they are costly. MS has ways to strike back if widespread IP violations became government sanctioned. Small businesses might manage alright, but larger ones make up a sizable portion of the EUs economic forces.

      Plus the raw power that the EU regulatory comission would have to yield to allow such widespread disregard of IP would definately scare potential companies from moving. Additionally member states of the EU might pull out under local pressures, and the entire EU might end up falling apart.

      I really think the ball is in Microsofts court, it's really hard to truely enforce vague notions of anti-trust law.

      Phil

    32. Re:Will this really make a difference? by Tom · · Score: 1

      judgements like this are the reason windows sells for $300-400 instead of 50-100, as future judgements like this are part of their pricing model

      So what you're saying is that since the fine is for noncompliance with a court order, MS is figuring breaking the law and then ignoring the courts into their pricing model?

      Damn, I knew I was making a mistake. If only I had including regular speeding tickets into my considerations for negotiating my salary, I could drive as fast as I wanted to everywhere!

      --
      Assorted stuff I do sometimes: Lemuria.org
    33. Re:Will this really make a difference? by Dark_MadMax666 · · Score: 1

      I think voiding MS copyright in EU would be really good . -That will effectively make legal using the stolen source code(win2k source was stolen) and selling products based on it . ReactOs/Wine could legally use it in Europe code to implement better windows compatibility (effectively avoiding current lock-down by M$) and opening MS standards.

          I don't believe M$ OS and products are bad -they are very good , problem with them is that they are all closed and try to impact interoperability in every imaginable and unimaginable way .That would be huge market for companies to compete in without ,and M$ effective de-facto lock-in would instead become the base for open standards. -WE would get compatibility with existing hardware/software and openness in the future.

  13. This is not going to happen. by gd23ka · · Score: 1

    1.5 years of 2.51 mln dollars a day would be somewhere around 1.35 bln dollars. Before all the
    Microsoft hating Microsoft users that actually depend on their products (your stupid choice)
    get all excited all it means is that everything from their Desktop OS to their smallbusiness
    database offering, including support, training, certification and "professional" services
    costs EUR 50 - EUR 300 more / item. That money then goes straight to the glorious EU your
    Ubergovernment in Brussels and Strasbourg that is also living off of your back right alongside
    your respective national government leeches.

    1. Re:This is not going to happen. by jkrise · · Score: 1

      Before all the Microsoft hating Microsoft users that actually depend on their products....

      People use software, not the Microsoft brand. Were they better informed / educated, they might explore some better choices. That does not mean one can accuse them harshly.

      That money then goes straight to the glorious EU your
      Ubergovernment in Brussels and Strasbourg that is also living off of your back right alongside
      your respective national government leeches.


      Is it fair to accuse the government and the people when the Justice system delivers a verdict against a mere company?
      And assuming the Justice system instead left erring companies off the hook, what does that say of the people and the goverment?

      --
      If you keep throwing chairs, one day you'll break windows....
    2. Re:This is not going to happen. by gd23ka · · Score: 1

      Instead of diverting the discussion down the usual boring path, why don't you look at
      the more important facts:

      1. That 1.35 billion $$$ "fine" will be paid by people buying Microsoft Products.
      2. It goes into the coffers of the EU, yet another level of leeches that are taking away
            even more money from people who already have to contend with their greedy national
            "governments"

    3. Re:This is not going to happen. by killjoe · · Score: 1

      let's hope that MS jacks up their prices. They won't of course. A billion or two is nothing to them. They made ten times that in europe in the last two years while ignoring their verdict.

      Business as usual here. Lie, cheat, steal, make lots of money, pay 1% of it back in fines, lie, cheat and steal some more.

      --
      evil is as evil does
    4. Re:This is not going to happen. by jkrise · · Score: 1

      1. That 1.35 billion $$$ "fine" will be paid by people buying Microsoft Products.
      People buying... er licensing MS products have paid several billions already, primarily due to lack of competition... which is what this ruling is trying to promote.. COMPETITION. Competition in the segment will lower prices, and better pricing for the customer.

      2. It goes into the coffers of the EU, yet another level of leeches that are taking away
                  even more money from people who already have to contend with their greedy national
                  "governments"

      Greedy national governments can be voted out of power. Most governments in the EU have a social responsibilty, and many people get welfare measures from their respective governments. A corporation driven by shareholders does not have these responsibilities... which is why it is fair to ensure competition in any industry.

      --
      If you keep throwing chairs, one day you'll break windows....
    5. Re:This is not going to happen. by Anonymous Coward · · Score: 0

      Haha. Oh yeah, the EU shouldn't even TRY to make Microsoft change, because then Microsoft will PUNISH everybody, dude! OH NO, BETTER NOT PISS OFF MICROSOFT! They have us by the balls!

      Not. If MS products cost more, they become less competitive and fail in the market place. Microsoft knows this. We have them by the short and curlies. They will have to take less of their 90% Windows profit margin back to the bank, where it sits until Bill decides it's time to give it to starving people with AIDS in India and Kraplachistan. Maybe that's the real tradgedy here. EU people get Linux and continue buying BMWs, but the Kraplachistanians don't get $20 and a picture of Bill in the mail every month.

    6. Re:This is not going to happen. by gd23ka · · Score: 1

      Look JKrise, I don't want to come on as condescending but please don't bore us with rethoric like
      "Greedy governments can be voted out of power". Oh and as far as "social responsibility" is concerned,
      oh boy you need to come over here, your beloved Eurosocialists are systematically killing income and
      standard of living here with cheap (1 EUR / h) Workfare people who may soon also be rented
      out to european industry to work for their dole.

      You need an update badly because all you're doing right now is relaying packets of disinformation.

    7. Re:This is not going to happen. by AK+Marc · · Score: 1

      1. That 1.35 billion $$$ "fine" will be paid by people buying Microsoft Products.

      "That" $ 1.35 billion "fine" has already been "paid" by the people buying Microsoft products. "Microsoft" has illegally used its "monopoly" to hurt competition and overcharge "users." Microsoft can pay the "fine" out of spare "cash" laying around. I don't "see" where you have a problem with "that" other than it appears you hate the EU so "everything" they do is wrong.

    8. Re:This is not going to happen. by lxs · · Score: 3, Interesting

      To be fair, actually using Microsoft products tends to increase my hatred for the company one click at a time.

      Contemplating their business practices merely inspires loathing.

    9. Re:This is not going to happen. by gd23ka · · Score: 1

      I don't "hate" the UN, the EU, a hundred+ entities claiming ownership to the geographic territories claiming to "represent" the
      people living there (and in most cases more or less confined there). It's just that I have little use for these people, the
      Henry Kissingers, Battenbergs and the hundreds of thousands of morons that make it happen. You need to work on that part of
      your map.

  14. We can always hope... by Pig+Hogger · · Score: 0, Redundant

    We can always hope that Microsoft will tell Europe to stuff it, and it will pull all it's marbles out of Europe, and people will switch to OSS...

    1. Re:We can always hope... by babbling · · Score: 1

      It'll never happen. The fine could be ten times what it is, and Microsoft would still stay in Europe. If their monopoly is compromised in one part of the world, the rest of the world will follow. They can't allow that to happen.

    2. Re:We can always hope... by Anonymous Coward · · Score: 0

      There is nothing in the world a Microsoft supporter would rather see than Microsoft stop selling in europe and europe adopt OSS. It would be the best possible outcome Microsoft could hope for as far as making the company more valuable.

      Man I hope you are right.

    3. Re:We can always hope... by delta_avi_delta · · Score: 1

      With the accession of the new member states the European Union became the largest single market in the world - if the fine was much *much* worse MS still wouldn't pull out.

    4. Re:We can always hope... by Anonymous Coward · · Score: 0

      Yeah, and while we're at it, let's hope for money-growing trees, flying pigs, and legalized pot. Damn hippies... ;)

  15. 300 engineers by 1u3hr · · Score: 3, Informative
    from TFA "I can assure you that we are continuing to work day and night with our 300 dedicated engineers to create documentation which is complete and accurate to satisfy the European Commission."

    300 engineers to document some protocols? I could believe 10, maybe 20 could get the job done in a few weeks. How on earth could 300 engineers work together on such a (excuse my ignorance/naivete) trivial job for two years? Hasn't this guy heard of The Mythical Man Month? MS aren't idiots; they've designed the process to fail. They deserve every cent of the fines.

    1. Re:300 engineers by convolvatron · · Score: 4, Interesting

      i actually talked to them about this work. apparently there are 150 seperate
      protocols including CIFS, and tens of thousands of pages of documentation,
      which are terribly inadequate given their culture. they were talking about
      a spec-writing team of 50 to do part of that work in a 6 month period of
      time. many of the other people involved were the engineers who did the
      original implementations and are now the only source of information.

      they dug themselves a really really big hole. getting out is basically
      impossible.

    2. Re:300 engineers by rodac · · Score: 1

      It would not take very long to at least provide specifications of those protocol interfaces. A few hours is how long it would take at most to provide interface specifications to all protocols except SMB and SMB2 themself. All other protocols (except SMB and SMB2) are machinegenerated using idl compilers (midl.exe) from interface specification files : idl-files.

      That would be a good start and it wouldnt require mote than one engineer spending 1 hour collecting and providing these itnerface specifications.

      Once they have done that, they can use the engineers to provide higher level documentation for the actual protocols, but providing the interface specifications would be a matter of an hour, tops.


      An interface description is a file that describes the packet format, i.e. the packet syntax. Sort of like the .x files for onc-rpc you will find down in /usr/include/srvsvc but idl files are for dce-rpc instead.

    3. Re:300 engineers by rodac · · Score: 1

      Virtually all of those 150 protocols are dce-rpc based protocols.
      As such they are already described in interface description files and compiled into marshalling/unmarshalling code using standard idl-compilers. Microsofts one is called midl.exe.

      It would take no time at all to just take these interface description (idl) files and publish them.

    4. Re:300 engineers by donaldm · · Score: 1

      I wonder what they mean by engineers? Now if they mean "Professional Engineer" I would be seriously worried about their credibility, however the word "engineer" could mean anything in today's language.

      Design Rule 101 - document and ratify your protocols first before writing your software.

      No I am not sorry they got fined for this type of incompetence.

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    5. Re:300 engineers by Kadin2048 · · Score: 1, Offtopic

      If they were really afraid of being noncompliant, they could probably just release the source for the various implementations in lieu of specifications, and I'm sure lots of other people would be happy to comb through the source and do the "impossible" work for them.

      Microsoft has only set it self an impossible task because its business model requires it to ride a razor's edge between giving out too much information (and giving up the home-court advantage that Microsoft's internal developers enjoy) and not enough (and facing the ire of the regulators).

      As other people have pointed out, they have working implementations of everything they're trying to document -- if writing the specs is proving too hard, I'm sure the E.U. would be satisfied with the actual source.

      Too bad that's even less palatable to them than the fines are.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    6. Re:300 engineers by Burning1 · · Score: 1

      Who did you talk to? Marketing or an Engineer?

    7. Re:300 engineers by kripkenstein · · Score: 1

      If so, then they only have themselves to blame.

      Any small-town software house can write poorly-documented code - if by some miracle it works, and by another miracle people buy it, then good for them. But a company in possession of a stranglehold monopoly on the desktop OS market has to know that they are held up to a higher standard.

      When you're at the bottom of the chart, you can fudge some rules and the referee might miss it. But when you're leading the board, you better be sure you follow every rule to the letter.

    8. Re:300 engineers by Keeper · · Score: 0, Flamebait

      If they were really afraid of being noncompliant, they could probably just release the source for the various implementations in lieu of specifications

      THEY DID. The commission rejected it.

      Microsoft has only set it self an impossible task because its business model requires it to ride a razor's edge between giving out too much information (and giving up the home-court advantage that Microsoft's internal developers enjoy) and not enough (and facing the ire of the regulators).

      Microsoft didn't set itself an impossible task. A 3rd party did. And the 3rd party set an arbitrary deadline to complete the work. And the 3rd party won't put in writing what specifically it wants done.

      I'm sure the E.U. would be satisfied with the actual source

      They weren't: "The Windows 'source code was never asked for nor indeed welcomed'". ( http://www.windowsitpro.com/Article/ArticleID/4921 0/49210.html?Ad=1 )

    9. Re:300 engineers by dtfinch · · Score: 1

      They were told years ago there would be fines if they didn't comply by December 2004. To wait until 2006 to even begin to work on it is procrastination at its best/worst.

    10. Re:300 engineers by Anonymous Coward · · Score: 1, Interesting

      The EU set MS a perfectly possible task. To produce usable documentation on it's protocols and API. The basic information that is industry standard (unless it's in a quick hack shop).
      The source couldn't be used as the documentation, as it is encumbered by copyright and licensing issues (i.e. you'd never be able to work on a project to implement anything that was compliant (in the emulating it's behaviour sense) with it once you'd actually seen the source, thus making the whole point of this moot). The EU sensibly chose to tell MS where to go with this 'We'll let you know as long as you never do anything to compete with us knowing this information' approach.

      So, this left MS still having to document it's API and protocols to the extent that a third party could use this information to produce the same behaviour. Exactly as specified by the court. So they did say what they wanted.

      As to arbitrary dates, well, all project management and so in is effectively arbitrary dates, just ones that you think are well reasoned, and give enough time to perform a task. So, in reality, the arbitrary date wasn't that arbitrary. It gave MS enough time (from standard industry timescales) to achieve it's aim of producing requested documentation.

    11. Re:300 engineers by Keeper · · Score: 1

      The GP suggested that the EU would think that source would be sufficient. I merely refuted that argument; it was not my intention to argue for or against the "source should be sufficient" argument.

      With regards to the "task", anything is possible given enough time. I respectfully submit that the time period given is not long enough to sufficiently complete a task that entails documenting 10+ years of work.

      API and protocols to the extent that a third party could use this information to produce the same behavior

      There's the rub, now isn't it? If I could take that information and produce the same result, is that sufficient? What about some guy who never touched a computer before? What about someone with lots of application development experience but no experience with over-the-wire protocols? What about someone who doesn't understand how encyrption algorythms work? What about someone who's used unix all their lives and never touched a windows box?

      For that matter, what specific protocols do you want? "Server protocols" you say. Well, what do YOU consider to be a server protocol that needs documentation produced? Do I need to document how I perform standard DNS queries? Ping? RPC calls? Can I point to an extenal RFC that defines the implementation? Can I point to documentation on MSDN for relevant background detail? Do I have to document behavior that doesn't go over the wire?

      I can sit here and ask questions for hours about either-or-ways of writing documentation of this nature. And you can sit there and repeat the same thing "document server protocols so a 3rd party can use it." So I end up making a set of assumptions that I believe are correct (given the lack of guidance), then hand you my documentation. Your response could easily be "that's not sufficient." Of course, when asked what's wrong with the documentation, your response is simply "you didn't document the server protocols so a 3rd party could use it."

      If that's not an exercise in futility, I don't know what is.

      As to arbitrary dates, well, all project management and so in is effectively arbitrary dates, just ones that you think are well reasoned, and give enough time to perform a task. So, in reality, the arbitrary date wasn't that arbitrary

      So if I told you that you had a week to build a car from scratch (I mean really, do you have to do anything other than bolt on a few parts and fire up the engine?), I'm not setting an arbitrary date because I think my date is well reasoned?

  16. What is an off the record fine? by Anonymous Coward · · Score: 3, Interesting

    Is that like double secret probation?

    1. Re:What is an off the record fine? by Anonymous Coward · · Score: 0

      It's called a rumor.

    2. Re:What is an off the record fine? by B2382F29 · · Score: 1

      FAT32bot, Nooo!

      --
      Move Sig. For great justice.
  17. Fine per day going forward as well by SuperKendall · · Score: 4, Interesting

    I do think some aspects of what Microsoft does will have to change, the fine is not just backdated but also continues every day until Microsoft compiles. Yes Microsoft has a lot of money but that's a lot of money to bleed every year and shareholders will not like it at all.

    I do not know what will change, but it's a situation that cannot stand - not to mention that if Microsoft simply coughts up the fine indefinatley it will be raised to an amount they cannot ignore as easily.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Fine per day going forward as well by Salsaman · · Score: 1
      ...continues every day until Microsoft compiles

      Given the development rate of Vista, it will be a very long time until Microsoft compiles.

    2. Re:Fine per day going forward as well by locofungus · · Score: 1

      not to mention that if Microsoft simply coughts up the fine indefinatley it will be raised to an amount they cannot ignore as easily

      I don't think it's quite that simple. Under the law the Microsoft was prosecuted under, fines could be imposed for up to 10% of turnover or something like that.

      That has (or is being) changed so it can be up to 30%

      But I think to impose the higher fines will require another court case and I'm not sure they could be prosecuted for the same violations again (maybe if someone willfully disobeys a court order it's different)

      (And it ought to be like this - imagine if the governments decided to multiple the fines for speeding by 10 and then reprosecute everyone previously found guilty just so they could collect more money. I would hope that the ECHR would have something to say about it)

      Of course, the EU could create a new ability to fine companies 100%+ of turnover for ongoing willful disobedience of a court order and then fine based on the new law but M$ would be able to see that coming years in advance and obey just before it became law.

      Tim.

      --
      God said, "div D = rho, div B = 0, curl E = -@B/@t, curl H = J + @D/@t," and there was light.
    3. Re:Fine per day going forward as well by ajs318 · · Score: 1

      Failure to comply with a court order is contempt of court, which is indeed a criminal offence. But there would have to be a new court order imposed for MS to be in contempt of, in order for them to be fined at the new level. It's quite simple: you cannot apply a newly-passed law to events which took place before the law was written into the statute books. This means that, for example, if they legalised software patents in Europe, everyone would have to apply for brand new patents {since the old ones were issued illegally and thus, null and void} and such applications would most probably crash and burn spectacularly, since anything which might formerly have violated said patents {except it did not because they were not valid in the first place} can now be cited as Prior Art.

      --
      Je fume. Tu fumes. Nous fûmes!
    4. Re:Fine per day going forward as well by Tony+Hoyle · · Score: 1

      Fining a company 100% of turnover wouldn't achieve any goal other than bankcrupting the company. MS would pull out of europe before paying such a fine.

      OTOH 10% of turnover is enough to hurt, but nowhere near enough to make it unprofitable to stay in the EU.

  18. jail time for execs by Anonymous Coward · · Score: 0

    Yes, it should be just as easy to get high level "corporate" people in jail as it is to get non corporate regular old folks in jail. YOU try telling some court "no" to this or that demand and stalling for time, you'll find youreself in the pokey within days, not years, days. Yet MS and other corporate fascist enterprises can get away with most anything and just pay fines, which their customers pay for anyway.

        I'd like to see top execs jailed, and shareholders lose all their investment money when stock is officially declared to be worthless, as in, no longer worth being sold, no value other than it's weight as a novelty item or scrap paper may be assigned to it, by court decree. Kill off crooked corporations, revoke their charters, make their stock worthless overnight.

      THEN maybe mostly clueless "investors" would wake up to the fact they they have an interest and DUTY in seeing the companies they "invest" in don't do criminal acts, and these various managers and owners of large cororations can't continually hide behind lawyers just because of their sheer economic size. And if that means the end of mutual funds because people can't be assed enough to do a little research into what they "invest" in-who the heck cares? really, whoi cares besides a handful of middleman stock skimmers? Make people take an active role in their investments, increase the risk potential substantially and you wil also see a more stable and more sane stockmarket.

      Bill Gates and Ballmer need to be in JAIL for what they did over the years. They are CROOKS, conmen, thieves, strong arm specialists, fraudsters, and etc. MS shouldn't be "on trial", named high level executives should be under investigation, there is no such thing as a living MS, named human beings made the decisions. Those that decide and give illegal orders to working stiff minions need to go to jail for criminal acts, no fine is necessary then other then court costs. Once a passle of jet setting fatcats start getting locked up we just might see some global corporate changes in how business is done. I say give companies the same "three strikes and you are out" treatment most regular humans get in the court system, commit three felonies, that's it, you can easily get a life sentence now. For corporations, same deal, three criminal convictions, it should be *automatic dissolution of charter*, nullification of stock worth, and jail sentences for the entire board of directors.

    THAT is the only way to get corporate responsibility in todays greed based world, make humans ALWAYS respnsible for their actions, take away that totally insane "corporate personhood" status and the shield of near immunity from liability for actions. That system is just SO broken...chuck it out, it doesn't work, not worth fixing.

    1. Re:jail time for execs by Anonymous Coward · · Score: 0

      "Bill Gates and Ballmer need to be in JAIL for what they did over the years. They are CROOKS, conmen, thieves, strong arm specialists, fraudsters"

      When you say that, you are only touching the surface of their destructive behavior. They have, for example, wasted the time of hundreds of millions of people by deliberately managing in such a way as to deliver sloppily written software.

  19. And in related news... by toddhunter · · Score: 1

    The price of windows has gone up by $10 with Microsoft sighting 'increased costs'.

    1. Re:And in related news... by Anonymous Coward · · Score: 0

      And in other news the Bill and Melinda Gates Foundation has committed funds to eradicate AIDS and malaria, except in Europe.

    2. Re:And in related news... by Micklat · · Score: 1

      Monopolies don't price their products that way. If costs increase, up to a certain point, they just absorb the increase. The customer doesn't pay more. Monopoly pricing is mostly sensitive to demand, and is insensitive to costs, as long as the costs are not too high to be profitable. And there's no cause to think that selling software in the EU would stop being profitable for MS, because the fine is a one-time cost. They pay it, they produce the documentation, and then they continue selling their OS with no reduction of long-term profitability. Hence, no reason to think they would pull out of the EU software market, or increase their prices.

    3. Re:And in related news... by Anonymous Coward · · Score: 0

      You mean 'citing' not 'sighting'. They are two different words.

  20. Re:One Word! by Anonymous Coward · · Score: 1

    And a Microsoft exec responds: "$1.4 billion, *yawn*. Do you take visa or should I pay with cash?"

  21. Chump Change by cpu_fusion · · Score: 0, Redundant

    Letsee... 1.5 years @ $2.51 million a day....

    That's the sort of coin that Bill Gates finds in his sofa.

  22. hmm, free budget money by Loconut1389 · · Score: 1

    "say, MS has been abusing their monopoly.. maybe we could uh, fine them. Let's put it to a vote and see if anyone else wants money from MS?"

    1. Re:hmm, free budget money by ecevans · · Score: 2, Insightful

      So I don't know much about this, but according to a quick search I came up with 13 200 000 000 as a rough estimate for europe's GDP for 2002. Is 1/132th of a percent of their GDP going to make a difference in their budget spending? doubtful. But it will make a difference to Microsoft. I don't think this is a money grab at all, but that's just me.

    2. Re:hmm, free budget money by Loconut1389 · · Score: 1

      Good point, and I neglected to mention that it's entirely feasible that the US could have had the same idea if the premise of the original statement were true. Both the EU and US have discussed fines at one point or another.

    3. Re:hmm, free budget money by Loconut1389 · · Score: 1

      One thing though, if they are asking for roughly 2 years (from dec, 2004 to ??) at 2.4m/day = 730 days * 2.4m = 1,752m = $1,752,000,000

      so it would be more like 1/13th of their budget.. I guessed at 2 years, since they'll probably continue to pay fines for some amount of time into the near future when they can become 'compliant' with the ruling.

    4. Re:hmm, free budget money by Karem+Lore · · Score: 2, Informative
      This is just an ignorant statement. If you think that any of those 25 countries will see any of this money you are very very mistaken. You will probably find that this money will be put into research grants, charitable projects and pay court costs. It is obvious from your statement that you have no idea of how the EU works, what they do and how they do it. You probably have no clue as to the differences between the European Union, the European Commission, the European Parliament, the Council of EU, the Court of Justice, the Court of Auditors, the Ombudsman, the European central bank, or the European Economic and Social Commitee.

      In fact, I believe the vast majority of people on slashdot have no idea of what the EU is all about, and I would go so far as to say that the majority of UK citizens do not fully understand the system.

      If you want to know, check out Europa

      Karem

      --
      When all is said and done, nothing changes...
    5. Re:hmm, free budget money by Loconut1389 · · Score: 1

      my statement was mostly tongue in cheek, but you are 100% correct.

  23. Sad day for America by QuantumFTL · · Score: 3, Interesting

    To me it's a sad day for America when we have to rely on other countries to police our corporations for us. Of course, I wonder if the EU would have been as hard on Microsoft if it were based in, say, France?

    1. Re:Sad day for America by rodac · · Score: 4, Informative

      Some years ago a large swedish company was fined for anti-competitive practises and price dumping on the italian market.

      that is a big no-no and they were fined the standard 10% of the annual global revenue.

      10% global annual revenue hurts big time if you are a multinational company.

      many other european companies have been fined in the same way.

    2. Re:Sad day for America by Sumadartson · · Score: 1

      No, probably harder. One of the goals of the European Union is to create one market in Europe. European companies are therefore subject to stringent antitrust laws.

    3. Re:Sad day for America by Anonymous Coward · · Score: 3, Interesting

      What do you think happened to France over the British beef thing?

      You in Europe you adhere to Europe rules. European country do or get find.
      WHat makes an American company working in Europe think it does not have to adhere to our rules?
      they screwed up, they must pay the price

    4. Re:Sad day for America by salmacis2 · · Score: 2, Informative

      Perhaps you should do some research before making insinuations that the EU's decision was based on anti-Americanism or protectionism.

    5. Re:Sad day for America by Anonymous Coward · · Score: 0

      I guess not as most sain people wont buy French products. I know I wont after France committed a terrorist action on another sovereign nation, resulting in the murder of a person

      http://en.wikipedia.org/wiki/Rainbow_Warrior#The_B ombing

    6. Re:Sad day for America by Anonymous Coward · · Score: 0

      You must buy from very countries/people with a memory like that.

    7. Re:Sad day for America by Anonymous Coward · · Score: 0

      most sain people wont buy French products. I know I wont after France committed a terrorist action on another sovereign nation, resulting in the murder of a person

      The strength of your conviction is admirable. Tell me, how do you avoid buying any products that were made in China? If the Rainbow Warrior affair outrages you, Tiananmen Square must leave you foaming at the mouth. (And let's not even go into the terrorist acts sponsored by the USA in South America, you might find yourself forced to emigrate to avoid charges of hypocrisy.)

    8. Re:Sad day for America by Anonymous Coward · · Score: 0

        Of course, I wonder if the EU would have been as hard on Microsoft if it were based in, say, France?


      No. If Microsoft was based in France then your federal judge would have already split it in ten, fined it into ground, and public domain'd its IP into oblivion some ten years ago. There would be no Microsoft for the EU to be "hard on".
    9. Re:Sad day for America by Anspen · · Score: 2, Informative

      in answer to your question: yes.

      Only a few years ago Volkswagen was fined about 450 million for anti-competitive practices

    10. Re:Sad day for America by QuantumFTL · · Score: 1

      Human beings are biased, and governments are often under pressure from their people to be biased rather heavily in their favor. I dont' think there's anything wrong with protectionism, as long as a government is honest about it. It's the collective right of a people to levy taxes on incoming and/or outgoing products, just as it is for them not to.

      As for the EU's policies on such things, I know that in England at least, there are some pretty crazy import taxes... I've been to the EU but honestly I do not fully understand the complex interactions between the EU and the countries that make it up... My cynicism is not EU specific, but for governments in general (yes, I'm a crazy anti-government, anti-corporate libertarian).

    11. Re:Sad day for America by Tom · · Score: 1

      To me it's a sad day for America when we have to rely on other countries to police our corporations for us.

      You got that backwards. It's not the corporations that belong to America, it's America that belongs to the corporations.

      --
      Assorted stuff I do sometimes: Lemuria.org
  24. ouch! by Anonymous Coward · · Score: 0

    may i inquire who will acctually get to have
    the MS money? i mean, is someone (in the eu)
    going to pay for a hamburger at McDs, buy a car,
    a house, or bring their "other" wife to a fancy
    restaurant?
    curious mind want to know!

    2.5 million a day, going to which bank account exactly
    and who has the right to withdraw from that said account?

    please! i want to know!

    maybe the "goverment" offices in eu is going to use
    that money to get new compis with vista on them?

    around and around it goes :P

    (im from eu, or the only country in it which doesn't
    belong to it)

    1. Re:ouch! by Chrisje · · Score: 2, Interesting

      Er, there are TWO countries in Western Europe that don't belong to the EU, if I disregard Turkey and Belarusse for a second.

      1) You're from Norway.
      You pay over 25 Euros for a Pizza that costs 5 Euros in Sweden because Norway became, like, really rich off oil-money, and then completely squandered that money on bad investments, leaving you with the highest taxes in the world and a pension fund that dwindles in comparison to what you should have had from the beginning. A car that costs 25.000 Euros in Sweden costs you more than 3 times that amount, and 95% of that money goes into the losses of said bad investments. You have nice fjords, but tend to commit mass suicide because it's cold and dark all year, and a pint of beer costs more than a car.

      2) You're from Switzerland.
      Your parents didn't do anything as the Nazi's were slaughtering Jews, Gypsies and Homosexuals during the holocaust. Moreover, you gave the same Nazi's bank accounts in which they dumped property and money from said Jews, Gypsies and Homosexuals. When the Nazi's lost the war, you basically kept the money to yourself. With that money you built a nice country which is clean, has nice buildings and good roads, and where all the clocks run very accurately. You pay 20 Euros for a meal at McDonalds in spite of the fact that social welfare is something you have to save up/pay for in advance. Also, in spite of a hard attitude towards drugs, you have more junkies in Zürich's central station than in all of the BeNeLux.

      Now tell me, does that sound as though you have a right to complain about the EU? It doesn't sound to me as though you should open your mouth for one second even.

      By the sound of it, you are French- or Italian-speaking Swiss, because no Norwegian would ever speak English that badly. This means three things:

      1) You know all about vague bank accounts in which money from dubious parties disappears. You know far more about it than any country or government in the EU.

      2) We don't want your lot in the EU in the first place, thank you very much.

      3) I currently live in Israel. I want my wife's granddad Avi's golden teeth back, with 60 years of interest, thank you.

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

      I realize you are trying to make a point, so I'm not going to comment much on your outrageous claims. There are a few more countries in Europe that are not members of the EU: http://europa.eu/abc/governments/index_en.htm, and Belarus and Turkey are hardly Western Europe. Geographically Norway is pretty far to the east as well.

      I'm not sure why you consider all norwegian investments bad though. The national pension fund (of which the previous norwegian oil fund is part) was valued at around USD 200 billion at the end of 2005, an increase of 37.7% from the previous year. Of course much of this is from oil being pumped up during the year, but well over a quarter of this is money made from investments. (Numbers are from http://no.wikipedia.org/wiki/Statens_pensjonsfond, in norwegian.)

    3. Re:ouch! by Chrisje · · Score: 1

      Indeed, my phrasing was a bit off. Of course Belarusse and Turkey are in Europe, and not Western Europe. I mentioned Western Europe to demonstrate that even if you leave off the East (including indeed the whole Balkan region), we still have more than one country that is not in the union. Although I must say Norway is definately Western Europe. Not only geographically (it's due north from Holland, might stretch east in the north, but still... give me a break) but most certainly culturally and socio-economically.

      But as you so rightly surmised, my reply was far from scientific or complete. I just touched upon a number of things that actually happened. There were catastrophic losses from investments which caused the pension situation in Norway only to be kept afloat by the grace of oil money, the financial history of Switzerland isn't exactly laudable, and both countries' respective fixes on several issues is far from 100% correct.

      To cut a long story short, I am a citizen of the Netherlands. I lived in Sweden for six years, and now reside in Israel. In my life I have noticed that a lot of people are taking pot-shots at the EU, member states or other entities without thinking for a second about the flaws and troubles of their own nations. My statement, albeit sarcastic and harsh in tone, was aimed at maybe making someone out there realise that outright de-humanisation or demonising of entities or people is seldom productive. I see that on a daily basis here in Israel, as a matter of fact.

      To end this on a biblical note: Before commenting the splinter in your neighbour's eye, you should think about the beam in your own.

      I must say I much enjoyed reading the specifics behind your reply. If you're Norwegian: Jag är inte avundsjuk på Pizza-, bil- och bostadspriserna i Norge, men gratulerar med en fortfarande substantiell pension. 1905 måste sticka lite i Svenska ögon med tanke på alla härliga resurser de går miste om. Däremot sticker perioden före 1905 samt 1940-1945 mycket mer i Norska ögon. :-D

  25. Great... by Greyfox · · Score: 4, Insightful

    Now roll that 1 billion dollars into OSS development to bring an open source OS and applications up to truly competitive levels with MS. Hell I'd even be satisfied if they paid EU software companies to port their application software to OSX. Just get some freaking competition in there already...

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Great... by Anonymous Coward · · Score: 0
      Now roll that 1 billion dollars into OSS development to bring an open source OS and applications up to truly competitive levels with MS. Hell I'd even be satisfied if they paid EU software companies to port their application software to OSX. Just get some freaking competition in there already...



      I'm an open source fan but if open source needs a couple of billion of Gates money to compete isn't a failed business model?

    2. Re:Great... by Kadin2048 · · Score: 3, Interesting

      There are very few business models that can compete with an entrenched, unrestrained monopoly.

      It's not really fair to judge a business model when that's what you're putting it up against. That's like saying that a machine gun is inferior to a flintlock musket, if you make the start condition one where the musket is pressed to the head of the machine gunner -- it doesn't have to be superior in order to win, it just has to barely work.

      Any business model that can even keep itself alive when in direct competition with a firm as aggressive as Microsoft would probably do very well in an actual free market.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    3. Re:Great... by tgv · · Score: 2, Interesting

      Why not give it to Oracle? Why not rolling it into cheap medicine for development countries? Or fundamental research? Or a great new weapon system?

      It's a fine. It's not meant to distribute the money in that particular market equally under all competitors. It's meant as a punishment for Microsoft.

      And the idea that the EC is going to decide what software is going to be developed and by whom and how, gives me the creepers. If you know the EC's record on scientific funding, the thought of them funding software development will turn you into a Redmond client for the rest of your life.

    4. Re:Great... by Anonymous Coward · · Score: 0
      That's one of those posts that on first read gives the impression of logical structure but which quickly collapses on closer look.


      "It's a fine. It's not meant to distribute the money in that particular market equally under all competitors. It's meant as a punishment for Microsoft.


      What do you mean by 'meant' in this context? You make it sound as if punishment were the only purpose (which is wrong of course, it's meant to enforce compliance) and once collected the monies have fulfilled its purpose and can be buried or burned. The very purpose of this action is to enhance competition in the EU software market and making the fine monies available as grants to MS alternatives makes perfect sense in the context of these goals.

    5. Re:Great... by khallow · · Score: 1

      There are very few business models that can compete with an entrenched, unrestrained monopoly.

      This doesn't apply here. Microsoft does engage in monopolistic practices that help maintain its huge market share. It's definitely "entrenched", but these practices aren't "unrestrained" since there are valid competitors with decent market share out there.

      It's not really fair to judge a business model when that's what you're putting it up against. That's like saying that a machine gun is inferior to a flintlock musket, if you make the start condition one where the musket is pressed to the head of the machine gunner -- it doesn't have to be superior in order to win, it just has to barely work.

      While the analogy seems accurate, one should judge a model by whether it will work or not. Because as you say, you may start with the flintlock equivalent pointed at your head. Using a business model that's sure not to work under those circumstances would be foolish. OTOH, just about any business model would work when funded with two billion dollars of public funds.
  26. Legitimate question by vain+gloria · · Score: 1
    As of July 5th, 2006: 567 days * 2.51 million per day = $1.423 BILLION Is there any way to avoid this fine?

    Sure, MS could abide by local laws and not drag out a case where they know they're in the wrong.

    Oh, unless you were asking if there was any way for them to to avoid it now?
  27. Comment removed by account_deleted · · Score: 5, Informative

    Comment removed based on user account deletion

  28. Don't think in terms of their cash in hand or flow by Svartalf · · Score: 2, Insightful

    It might be "chump change", but it seriously eats the daily profits of the company all the same (As in the damn fine eats approximately 1/20th of the profits per day...)- and ultimately they're answerable to the shareholders. They could have avoided this drag on profits- which is what is going to be the only thing they're going to see.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  29. They don't need them by ringe82 · · Score: 1

    It's not like Microsoft's OS in inreplacable. If the government really wanted to force them out of business, they could just make'em pay back all license fees in fines and spend those money on developing Free Software.

    That'd be the Right Thing to create a Free Market.

  30. Oblig. (was: What is an off the record fine?) by Dachannien · · Score: 1

    Yes, and if by some miracle they win a boat race against Sun and Novell, not only will any multiple secret probation be rescinded, but José Barroso will be forced to grandmaster a parade in Microsoft's honor.

  31. Bad summary by Anonymous Coward · · Score: 0

    The ruling was in 2004 but the fines were to start on Dec. 12 2005 if MS had not complied by then. The actual current fine would be about $530M.

  32. My question... by Anonymous Coward · · Score: 0

    With all hte pr0n on the internet why the fuck would people pay for T&A softcore like Girls Gone Wild? Fuck, people are dumb.

  33. Re:ouch! no! even better! by Anonymous Coward · · Score: 0

    MS should pay the fine in MS shares.
    i'm sure this way this won't be an issue
    in the future then :P

  34. the irony by freaker_TuC · · Score: 2, Interesting

    An United States flag above an European Union article ;)

    maybe time to add a template for overseas too? since /. is carrying enough european/international topics

    --
    --- I am known for the ones who want to find me on the net. Is that a privacy risk or a privilege? One might wonder..
  35. lets add that up... by indy_Muad'Dib · · Score: 3, Informative

    2.51 million per day backdated to december 15th

    202 days

    $507,020,000 USD

    plus 2.51 each day til they are im compliance.

    thatsa pretty big chunk o cash.

    they expect to make 11.5 - 11.7 billion this year, losing 5% is pretty bad.

    1. Re:lets add that up... by indy_Muad'Dib · · Score: 1

      looks like i missed a year, need to RTFA better

      1.42317 billion.

      15% of total revenue for 2006

    2. Re:lets add that up... by Scarblac · · Score: 0, Redundant

      15 december 2004.

      --
      I believe posters are recognized by their sig. So I made one.
    3. Re:lets add that up... by noidentity · · Score: 1

      2.51 million per day backdated to december 15th
      202 days


      December 15, 2004, not 2005. Add 365 days. That's a huge chunk of cash now.

  36. This is absurd. by Anonymous Coward · · Score: 0

    Even though I'm a fanatical Linux user who dislikes Microsoft for just about everything, this is absurd.

    First they want MS to remove WMP. Okay. They do that, they rebrand Windows XP, provide millions of redesigned software boxes, change their ad campaigns... And what happens? Almost nobody wants to buy "Windows XP N", the one without WMP. The old version sells several orders of magnitude more.

    Then they want MS to document stuff. Okay. They start doing that, they offer source code, but documenting is not a trivial task - there are probably hundreds of protocols to document and tens of thousands of pages of documentation to write and proofread... In several different languages, with a high documenting standard. And bam, there goes a fine.

    What's to stop the EU from doing the same thing with other companies? How about Oracle or IBM? Or Apple, whose FairPlay DRM is already deeply entrenched in everyone's iPod? Source code access obviously isn't enough... And what if they require Linus to provide full legally-acceptable documentation for the Linux kernel? Who is going to write it?

    This sounds like a very bad move... If source code and hobbyist documentation really isn't enough. I fear that legal action could even spread against small open source companies, such as my own. I don't have the resources to hire documentation writers.

    1. Re:This is absurd. by bakayoko · · Score: 1, Interesting

      Well... I think you're being a bit paranoid. Microsoft is a fantastic monopoly and they have abused that monopoly in countless and incalculable ways. The regulators are in fact no match for MS. Just look at how their business has been affected so far. Redesigned software boxes? New ad campaigns? Sounds trivial to me.

      The whole thing is absurd - not for the reasons that you give, but for the fact that Microsoft is a bigger economy than some member states of the EU. And we've allowed corporations like this to grow so big that it takes a supra-national body like the EC to make an impact on them at all. Why would the EC go after a small open source company like yours? How can you even comprehend that as a possibility?

      Microsoft made a big mistake and they're paying for it. Apple may have made one with Fairplay, but I don't personally think so.

      Not being privy to the future, I would have to guess that Linux kernel documentation will not stifle an industry for its absence.

      Still... document your code. It's just good practice.

      --
      A decibel - a RELATIONSHIP between two values of POWER http://arts.ucsc.edu/EMS/Music/tech_background/TE-
    2. Re:This is absurd. by Mathinker · · Score: 1

      > And what if they require Linus to provide full legally-acceptable documentation
      > for the Linux kernel? Who is going to write it?

      I don't think they can't require Linus to do anything, since he only owns the trademark. In addition, as commented above, the source itself could be claimed to be sufficient documentation.

    3. Re:This is absurd. by Anonymous Coward · · Score: 0
      the source itself could be claimed to be sufficient documentation.

      Interesting. Microsoft offered source code access as a form of documentation, but the EU rejected it.
    4. Re:This is absurd. by pembo13 · · Score: 1

      Troll. Don't feed.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    5. Re:This is absurd. by Anonymous Coward · · Score: 0

      'Pembo13' - totally OT but do you have any idea what a fucking idiot your sig makes you sound? Sorry can't ignore it anymore I see it too much to ignore. I think you probably still actually need to do a lot of growing up.

    6. Re:This is absurd. by Mathinker · · Score: 1

      > Microsoft offered source code access as a form of documentation, but the EU rejected it.

      Interesting. I guess we're just lucky, then, that Linux doesn't rely on undocumented internal API's, and interoperability isn't one of its design goals. And your open source project shouldn't do that, either, so fix it, if you're so worried. Or are you, like pembo13 suspects, a troll?

    7. Re:This is absurd. by Mathinker · · Score: 1

      Ouch. I'm really tired today --- change "interoperability" in my reply to "thwarting interoperability"...

    8. Re:This is absurd. by ajs318 · · Score: 1

      It may have something to do with the Linux source code having meaningful comments and sensible variable and function names. But I think the most important difference is that you can look at the Linux {and, for that matter, BSD -- but Microsoft already know that} source code without having to promise never to program anything ever again.

      --
      Je fume. Tu fumes. Nous fûmes!
    9. Re:This is absurd. by Anonymous Coward · · Score: 0

      So MS opened the code up as BSD? I mean, not GPL, because that is a cancer, but the lovely, open BSD that MS likes.

  37. Microsoft doesn't pay anything... by RexRhino · · Score: 0, Troll

    Microsoft is not a human being. Although corporations are sometimes technically given the same status as a "person" for certain legal purposes (like copyright law), this is a legal abstraction and not real. Microsoft can not be "punished" like a naughty puppy.

    Money is an abstraction used to medium to facilitate the exchange of goods and service based on supply and demand. It is a tool for expressing the consumer/producer relationship. If you take more pieces of paper (or bits in a computer, nowadays) from Microsoft, you are not fundamentally altering the consumer/producer relationship. Neither the demand nor the supply of the software has changed. Microsoft still demands x share of the total goods and services in the economy in exchange for it's software, nomatter how you juggle the means of exchange. Money is how we measure the relationship, but it is not the relationship itself.

    Microsoft, being at the top of the OS market, will simply add the costs of the fines to the price they charge for their OS. It is not like having to sell a version of Windows without Windows Media Player is seriously going to cut into their bottom line. The consumers of Europe are going to pay this fine in the form of higher software costs (both from Microsoft which will recoup the costs in the software price, and Microsoft's competitors who will have less incentive to lower their price if Microsoft is charging more).

    This "fine" is simply a tax on European consumers. It is a way for the EU to allocate a larger share of the total goods and services in the economy, and at the same time posturing that they are somehow "helping" Europeans.

    1. Re:Microsoft doesn't pay anything... by mdfst13 · · Score: 5, Insightful

      "Microsoft, being at the top of the OS market, will simply add the costs of the fines to the price they charge for their OS."

      That's not how monopoly pricing works; that's how a perfectly competitive market works. In a perfectly competitive market, adding to the costs increases the price because the price is driven down to the cost (the supply curve). In a monopoly, adding to the costs has zero effect, because price is determined by *demand*. I.e. they sell the OS for the most that they can get already. If they could sell it for more, they already would.

      With monopolies, prices are chosen because an increase in price reduces the quantity of sales such that total revenue drops. Similarly, a decrease in price reduces revenue by more than the increased quantity of sales, so that total revenue drops. This fine does not affect that calculation in any way. Therefore, for them to increase prices, they would either have to accept lower revenue or they would have had to have been underpricing their product. I.e. charging less than the market would bear.

    2. Re:Microsoft doesn't pay anything... by Anonymous Coward · · Score: 0

      What are you blathering on about?! Your post is total nonsense and (typical for slashdot) it was modded up. In a monopoly market, the price is set at the point where marginal cost = marginal revenue. The EU fine will increase the marginal cost, driving the price up.

    3. Re:Microsoft doesn't pay anything... by mdfst13 · · Score: 1

      "The EU fine will increase the marginal cost, driving the price up."

      No, it won't. The marginal cost is the cost of adding one more unit of production. The EU fine won't have any effect on that, as the fine doesn't vary by production. It's a fixed cost. Fixed costs only matter in perfect competition not with monopolies nor even monopolistic competition (unless the fixed costs eat up *all* of the profit; then bankruptcy occurs).

      It is worth noting that in my previous post, I wrote revenue where I should have written profit. Mea culpa.

  38. Re:good for the EU by heinousjay · · Score: 1

    -1, Insightful. You win.

    It amuses me, how many people don't understand this and think of government as some benevolent protective force.

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  39. off the record means it doesn't exist by mrmeval · · Score: 1

    If it's off the record it should not exist. What is the EU anyway to have such a provision.
    Yea I loath microsoft but choosing which evil is worse gets difficult.

    --
    I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    1. Re:off the record means it doesn't exist by goatan · · Score: 1
      If it's off the record it should not exist. What is the EU anyway to have such a provision. Yea I loath microsoft but choosing which evil is worse gets difficult.

      What does the phrase of the record mean to you? Of the record usually means that it has been leaked anonymously before the official announcement has yet to made. It might not even be true, but if a reporter has written about an off the record comment it usually means the source is reliable.

      --
      Saying Apple is better than MS is like saying Botulism is better than rabies.

  40. Re:Well great by Overly+Critical+Guy · · Score: 1

    Man, it's weird how much pro-Microsoft shilling appears on Slashdot whenever there's a EU discussion. All Microsoft had to do was document their APIs as requested by the commission. Why do MS fanbois hate that idea so much?

    --
    "Sufferin' succotash."
  41. on EBay France might go for 1 Billion by twmcneil · · Score: 1

    Italy maybe somewhere close to that. But Germany? Never! And they bought the whole frigin' EU for the price of France?

    --
    "The ferrets, they're every where I tell you!"
  42. Re:good for the EU by Vo0k · · Score: 1

    Still, it's the corporation you're employed in. You work for it, you get certain benefits, and if you play foul, you get punished, or fired (=jailed) for a certain period of time. It's bad if your corporation is getting ripped off by other corporations.

    --
    Anagram("United States of America") == "Dine out, taste a Mac, fries"
  43. There is a difference? (n/t) by Demena · · Score: 1

    (n/t)

  44. Now I only wonder... by Vo0k · · Score: 1

    Will Microsoft cough up and pay, or will the EU have to raid their european headquarters, confiscate property and put it all on sale. All these computers with Windows sources on their harddrives on public auction, that would be an interesting turn of events.

    --
    Anagram("United States of America") == "Dine out, taste a Mac, fries"
    1. Re:Now I only wonder... by KokorHekkus · · Score: 1

      They will pay up.

      Unless they want to stop making business in the EU. Which they wont because pulling out of that big a market would just crash the MFST stock value (think of it, who on the global market would by NEW Microsoft systems if the company can't be trusted to stay). And if that happens, here come the shareholder lawsuit.

      Now WHY can't they stay and NOT pay? Think of it... consider me the owner of international company Bunkotronics and it's a non-US company (turning the table for the example). I have a subsidiary company in the US with a big enough revenue stream... I don't understand the business laws of the country and get fined. Now, the subsidiary company will of course have board members that live in the US. So the fine lands on their desk. I tell them "Dont pay it"... they say "but, but, but that would be illegal not to! We'd end up in court PERSONALLY for violating business rules!". Oh, sorry, I guess you didn't sign up for personal bancrupcy/jailtime when you got on the board.... So they pay.

    2. Re:Now I only wonder... by Vo0k · · Score: 1

      they pay if they have the money. Or, if they don't, they grab as much as they can and flee to Argentina, Somalia, Cuba or such, leaving the subsidiary company falling apart at rapid pace.

      Of course this is not a likely scenario, but veeeery interesting :)

      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
    3. Re:Now I only wonder... by Anonymous Coward · · Score: 0

      Windows sources on their harddrives

      You are confusing Europe with India

  45. Re:good for the EU by howlingmadhowie · · Score: 1

    well, that's got more to do with the reporting than with the eu.

  46. So many misconceptions. by Demena · · Score: 1

    Money represents goods and services. Microsoft is being fined for non-compliance. The fine will either be pad by cheque or by having goods and services to that value conviscated. Unless legal relief is obtained, the fine will be collected. It is Microsoft that must pay the bill. I don't knw if it is Microsoft EU being fined or Microsoft in general. But I can assure you that if Microsoft EU raised its prices in response and Microsoft global did not Microsoft EU would shortly cease to exist. So it will not be a tax on EU users of Windos but a tax on all users of Windows (if it can be considered a tax at all).

  47. 1.4 Billion (American) by DoctorBit · · Score: 1

    That's gotta hurt!

  48. MSFT is to blame by Baki · · Score: 1

    They new IN ADVANCE that not being compliant from this date onwards would lead to this fine, 2.51 PER DAY.
    They chose themselves to be not compliant, and wait and see. MSFT has become used to getting away with illegal practices, and up to now never gave a damn about law and justice, they think special rules exist for them.

    What choice does the EU commission have? It was all known in advance, MSFT is to blame themselves for not complying but to go to court instead.

  49. Re:good for the EU by Anonymous Coward · · Score: 5, Informative

    You have got to be kidding. Microsoft is the only one _you_ see on the news probably. The EU is very strict on this sort of things. Have a look at the EU vs Alitalia or the EU vs Olympic Airlines, or the EU vs BMW and GM. The EU even goes against its own country members if they fail to comply with EU law. No matter how people want to see it, microsoft is not the innocent victim here...

    [Offtopic]Congrats to Italy for Barrying Germany 'Squadra Azzurra' Style! I hope you guys lift the cup in the end![/offtopic]

  50. the king solomon route by garote · · Score: 3, Interesting

    Well it's a corporation. You can't jail it so you have to fine it.

    Ahh, but there is an alternative punishment - something we can do to corporations that we can't do to people. Cut them in half!

    However this raises an immediate question: How do you ensure that the resulting two (or more) entities don't just collude and price-fix their way along as if they were still whole?

    It's easy to imagine - two big campuses in Redmond, one given the MS Office suite, one given the Windows codebase - each told by judicial decree that they can no longer cooperate ... but one building has all the server farms, and the other building has all the presentation boardrooms ... so they just walk back and forth like it's a regular day at Microsoft. Perhaps they mutter under their breath about the wastefulness of the court's judgment as they go.

    This is why I wish that as part of a Windows interoperability and documentation settlement, the EU had the authority to say, "Okay, Microsoft. You know that corporate branch you have in Mountain View, where you run all the hotmail services? They're a separate company now, and THEY own MS Office. Expect a phone call from the department chief down there in about a week, asking for all the source code. I'm sure he'll want to establish a relocation package for all your Office coders, too. By the way, the new company is called Officesoft. Play nice with them."

    You'd be amazed what a difference physical separation can make in terms of corporate attitude... Unfortunately, the opportunity for a remedy like this for Microsoft withered down to nothing in the first year of Bush Jr(tm)(r)(c)'s reign. Now innovation on the OS front has been STALLED, for 95% of the world, for the past FIFTEEN YEARS. >:(

    1. Re:the king solomon route by utnapistim · · Score: 1
      Ahh, but there is an alternative punishment - something we can do to corporations that we can't do to people. Cut them in half!

      Ummm ... I'm not sure it would work like that; Microsoft is an american company, so american laws should have to impose this on them. I just don't think EU has that kind of power over MS.

      IANAL

      --
      Tie two birds together: although they have four wings, they cannot fly. (The blind man)
    2. Re:the king solomon route by tehcyder · · Score: 1
      innovation on the OS front has been STALLED, for 95% of the world, for the past FIFTEEN YEARS
      Huh? Windows 3.1 wasn't released til 1992, do you really think there has been no improvement between Windows 3.0 and today?
      If so, I doubt you ever used Windows 3.0
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    3. Re:the king solomon route by ultranova · · Score: 1

      Ahh, but there is an alternative punishment - something we can do to corporations that we can't do to people. Cut them in half!

      Um, why can't you cut people in half ? US still has death penalty, and cutting someone in half along their spine is unlikely to make them suffer much, since consciousness is likely immediately cut off when brains are cut in half.

      Europe, too, has a long tradition of such punishments - death by beheading - even if they aren't used anymore.

      Now innovation on the OS front has been STALLED, for 95% of the world, for the past FIFTEEN YEARS. >:(

      No it hasn't. Linux has been steadily improving all that time, as has various related projects (Gnome, KDE, Xfree, X.org).

      And even Microsoft has innovated: it has developed a talking virtual paperclip.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    4. Re:the king solomon route by rts008 · · Score: 1

      "And even Microsoft has innovated: it has developed a talking virtual paperclip."

      LOL!!! Sad, but true.
      So far the funniest comment here yet!
      p.s. don't forget about M$ Bob. ;)

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  51. I wouldn't call the EU a corporation... by patio11 · · Score: 1

    ... as actual corporations generally provide a service to their customers when they spend billions of dollars a year.

    1. Re:I wouldn't call the EU a corporation... by Anonymous Coward · · Score: 0

      Absolutely! Just like SCO, Enron..... uhm ...

    2. Re:I wouldn't call the EU a corporation... by Anonymous Coward · · Score: 0
      ... as actual corporations generally provide a service to their customers when they spend billions of dollars a year.
      On the upside, with a government you usually get one person, one vote (though in case of the EU it's admittingly less so) while in corporations it's one stock, one vote - if your pension fund doesn't decide to exercise your voting rights for you anyway, what a service...
  52. Re:Well great by rrohbeck · · Score: 1

    Why do MS fanbois hate that idea so much?

    Because their high priests are being dismantled and the pagan FOSS hordes are threatening to run over the MSC* bastions?

  53. Re:good for the EU by Anonymous Coward · · Score: 0

    How could this be considered insightful? Read these, insightful, comments

  54. The EU is not a country by Dion · · Score: 1

    and I really doubt that the region derives actual profit from paying to use MS products.

    There are two different situations here, short term and long term.

    In the short term people would be quite happy to pirate windows, it worked for years it will work again.

    In the long term you are dead wrong, if the EU simply outlawed windows then we'd see massive investments in Mac and Linux (both OS and apps) and eventually even games availability would be on par with windows.

    MS is a money pit that's sucking many GigaEUR out of EU every year and leaves us with less freedom than we had, so I would really like to see all MS products outlawed or at least their EU profits taxed 100%.

    --
    -- To dream a dream is grand, but to live it is divine. -- Leto ][
  55. Compliance is easy. by pookemon · · Score: 0, Redundant

    MS just needs to include a copy of Linux with each copy of Windows. If you don't want to use IE (or whatever the specific product is - Messenger?) then you install Linux instead.

    Of course the net outcome of this will probably be that MS products go up in price (hopefully just in the EU) to cover the fines and MS rolls on as normal. EU get's its pile of money, MS doesn't care and the users are the ones that pay for the EU's stupidity.

    --
    dnuof eruc rof aixelsid
  56. mistaken assumption by Create+an+Account · · Score: 1

    ...the EU default to linuxes and BSDs...

    ...the EU can't afford for them to back out of their country...

    ...The effect of MS backing out would be disastrous to the economy...

    If all goes to crap, MS doesn't pull out of the EU, EU refuses to enforce MS IP ownership. Everyone keeps using MS products, and pirated versions are available for download within the EU for free. THAT is the nightmare scenario and we will never see it.

    MS knows that they will always make more money by squirming and partially-complying than they will by leaving a market. Also, the US is not going to start a trade war to protect MS when they know what what would happen if it went before the WTO.

    Prediction: Wriggle, squirm, writhe, followed by minimal compliance (to stop the fine) coupled with rapid API evolution/development to make it hard for competitors to keep up.

    PS: Other firms are not going to be afraid of their products being treated like MS products because everyone with a business big enough to matter knows how MS has behaved in the market (although I do think many are worried about the EU regulatory environment in general).

  57. What about the freedom to code? by stachu+trawki · · Score: 0, Redundant

    I'm totally for the Free Software.
    Because I want to be free to write whatever code I want. And be free to do with my code whatever I want.
    So I also want others to be free to write code they want. And be free to do with their code whatever they want.
    Including selling for a buck or for a credit (assuming there's someone who wants to buy/use it).

    This judgement is just plain robbery. Remeber when MS was ordered to prepare a version of Windows without WMP? What for? Show me at lease ONE person who bought it...

    It's not a troll.. I just hate governments punishing people for writing e.g. dvd decryption code or an os.

    Watch out.. as RMS pointed out in one of his essays, you may soon be fined for using a debugger.

    1. Re:What about the freedom to code? by Xiph · · Score: 1

      You're free to do that if you write proprietary code as well.
      what you, and other people do with your/their own code, has nothing to do with licenses, since you do own the rights to material you produce yourself.

      regarding the WMP-free version of windows. The reason noone got that version was that microsoft did not charge LESS for it, as i remember they originally wanted to charge MORE for it (can't be bothered to reference, so don't get hung up on it). So in effect, you could choose not to have it bundled, but it wouldn't save you a dime.
      Because the price wasn't better, no OEM or VAR decided to bundle WMP-free windows with the pc's they made.

      --
      Blah blah sig blah blah blah irony blah blah
    2. Re:What about the freedom to code? by spectecjr · · Score: 1

      I'm totally for the Free Software.
      Because I want to be free to write whatever code I want. And be free to do with my code whatever I want.
      So I also want others to be free to write code they want. And be free to do with their code whatever they want.
      Including selling for a buck or for a credit (assuming there's someone who wants to buy/use it).


      You already are free to do that - that's what Copyright gives you, and it's why you get the copyright on your work the moment you create it.

      --
      Coming soon - pyrogyra
    3. Re:What about the freedom to code? by William+Robinson · · Score: 1
      Absolutely...Thanks for support!!

      I am gunna f*cking kill EU. I have done it before, and I am gunna f*cking kill EU.

    4. Re:What about the freedom to code? by stachu+trawki · · Score: 1

      You already are free to do that - that's what Copyright gives you, and it's why you get the copyright on your work the moment you create it.

      True, but that's not the whole point.

      "Because I want to be free to write whatever code I want. And be free to do with my code whatever I want."

      Now if I'm a big company and want to sell my code and not sell the documentation (if it exists - it's mine as well) I get fined.
      Which means I can't do that.
      And, in my opinion, that sucks.
      That is my point :)

      It's kind of like you were making pictures and one day a commision comes to you and tells you that if you still want to sell them you must publish a description of what they present. WTF?!

      If they (the commision) or someone else (the people) want a fully documented OS they can write it themselves, get a third party to write it for them or use an already available one...
      Alternatively you can reverse engineer Windows (which should be legal in the first place - it's funny to see how once They try to pretect the so called "intellectual property" and at other times They order people to give it away - which proves that such decisions are by no means a matter of rightness but a matter of lobby and/or money!)

    5. Re:What about the freedom to code? by ajs318 · · Score: 1

      Just because something is yours does not mean that you have the right to do absolutely anything you like with it. Otherwise I could say "This is my knife and I will stab whoever I want with it". By your logic that is acceptable, so please come and meet my friend Mr Sharp here.

      In the marketplace, there are certain rules to make sure everyone gets a fair bite of the cherry. Certain business practices are expressly forbidden because they do direct harm to others. You are free to make cars, but you must not try to stop anyone else from making accessories that fit the cars you make. And you are free to write software, but other people have to be allowed to write software that will work in conjunction with your software -- e.g. reading its saved files and speaking its network protocols.

      Microsoft have been deliberately withholding information from developers. This means that other software companies cannot produce software which interoperates properly with Microsoft software. Worse, Microsoft even try to pretend in their licence agreement that you aren't allowed to probe about in an attempt to discover for yourself how to do it {although the Law of the Land gives you a statutory right to do just that, so that part of the licence is invalid; but how many people knew that?}

      Thanks to Microsoft's misleading and incomplete documentation, supposedly-interoperable software products suffer mysterious failures, costing time and money in lost productivity. And otherwise-perfectly-serviceable hardware becomes unusable in the absence of working drivers, costing money to replace it and more money to dispose of it. I wouldn't be at all surprised if at least one death somewhere in the world could be attributed to Microsoft's behaviour {funds that could have been used for medication spent on unnecessary software licences, prescribed wrong drug due to error introduced by poor interoperability, ambulance arrived too late due to rebooting computer, killed by pollution from improper disposal of unnecessarily-obsolete hardware, just unlucky and got kicked by IT tech in abject frustration, &c}.

      --
      Je fume. Tu fumes. Nous fûmes!
    6. Re:What about the freedom to code? by Oersoep · · Score: 1

      Free market is leaking, and there are laws that (more or less) patch the holes. They're workarounds for some fundamental problems: There isn't an auto-correcting mechanism in the system that splits up companies getting too large and too powerful.

      We could abolish those laws for the principle of it but you'll have to accept the consequences.

      Try lobbying up against corporations now and consider what would happen if they were even more powerful?
      The governments would all be on their paycheck. That would be terribly out of control because the corps would then exceed their purpose in the system: To keep people working and to fill in a demand. Making the shareholders rich is only a trick to keep them lil companies popping up.

      It's one big sim and the end-game hasn't been balanced yet. MS should get a nice screen telling "Congratulations! You won! Highscore! Created by Sid Meier!" and start all over again trying to beat their previous record.

      Unfortunately that's not possible so there's some harsh rules to slow the winners down. You either live with it or fix the system. Go ahead.

    7. Re:What about the freedom to code? by Oersoep · · Score: 1

      Forgot to mention:

      Even Sid's games have mechanisms built in to slow you down at the end: global warming, terrorists, whatever.

    8. Re:What about the freedom to code? by stachu+trawki · · Score: 0

      I could say "This is my knife and I will stab whoever I want with it".

      No, because unlike the knife, someone else's life/health is not yours.

      MS did not hack into someone else's box and changed their code to work unproperly. Instead MS made their own code hard to work with without touching anyone else. I don't appreciate it, but respect their right to do so nevertheless. MS didn't force anyone to buy their code either.

      What if someone died (indirectly) because someone else invested in MS products?
      Well then the one who made the decision to use Microsoft's software should be held liable (Unless he/she made an agreement with MS that the software will not fail/be interoperable, etc.. - in this case Miscrosoft would be at fault by not complying with the agreement.)

      Simple as that.

    9. Re:What about the freedom to code? by ajs318 · · Score: 1
      MS made their own code hard to work with without touching anyone else. I don't appreciate it, but respect their right to do so nevertheless.
      The Microsoft EULA seeks, by pseudo-legal means, to deny users the freedom to work with MS code. That's not something anyone has a right to do; which is why those provisions are unenforcible in law. If you make gas boilers, and you make radiators, preventing other people from making radiators which will work with the boilers you make is called "anti-competitive behaviour".
      MS didn't force anyone to buy their code either.
      Um, how do you figure that offering PC builders the choice: include a Microsoft OS pre-loaded on every system you sell, or we won't sell you our OSes at all, is anything other than "forcing people to buy their code" ?
      --
      Je fume. Tu fumes. Nous fûmes!
  58. Back to the old calculator... by Create+an+Account · · Score: 2, Insightful

    The fine is backdated to Dec 15 2004.

    1. Re:Back to the old calculator... by Tough+Love · · Score: 1

      The fine is backdated to Dec 15 2004

      No it isn't.

      --
      When all you have is a hammer, every problem starts to look like a thumb.
  59. Fine backdated to 2005, not 2004 by valentyn · · Score: 2, Informative

    The headlines are wrong. The fine is retroactive to December 15, 2005.

    --
    my other sig is a 500 page novel
  60. This fine is WAY too light. by Truth_Quark · · Score: 1

    $2.51 million per day is an operating expense, not a fine. Their revenue is $25 million per day.

    I'm thinking the cost of having competition would be greater. If I were Microsoft, I'd just keep not complying. It's worked these past two years.

    1. Re:This fine is WAY too light. by Scudsucker · · Score: 1

      $2.51 million per day is an operating expense, not a fine. Their revenue is $25 million per day.

      But that's worldwide, no? Almost a billion a year is a good chunk of change for doing business in the EU.

    2. Re:This fine is WAY too light. by Truth_Quark · · Score: 1

      Yes, that is the worldwide income.

      But the idea is not to release the communications protocols for windows, since once released they will be used by compeditors the world over. So it is the worldwide income that microsoft will be writing this off against.

      I can't see them abandoning the Eruopean market ... that is a sure way to have someone else fill the gap.

    3. Re:This fine is WAY too light. by tehcyder · · Score: 2, Informative
      $2.51 million per day is an operating expense, not a fine. Their revenue is $25 million per day
      Not sure where you get your figures from, but an additional 10% of your gross sales is a big hit by any standards. Your net profit on $25 million gross a day would only be something like $8 million anyway.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    4. Re:This fine is WAY too light. by Truth_Quark · · Score: 1

      Yes. $10 million annualised last quarter. Their monopoly would be worth more than the whole lot.

  61. Pocket change by davmoo · · Score: 1

    Let's see...as of their last quarterly statement (ended March 2006), Microsoft has $33.51 Billion dollars in cash. At the rate of $2.51 million in fines per day, and backdating it to 2004, they should have another 33 years and some before they run out of cash. And that assumes they don't make another single penny profit in sales to add to their cash. It also ignores non-cash holdings.

    I'm sure they're really sweating at Microsoft now...

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    1. Re:Pocket change by AlXtreme · · Score: 1
      I'm sure they're really sweating at Microsoft now...
      They should be worried. Compared to their net worth or their operating cash flow, $2.51M a day is nothing, true. However, would you invest in a company losing money that fast? Although $2.51M may seem like a fraction, over a year this is a substantial cut out of their profit margin ($916.15M). Take a look at their stock. A -5.12% drop compared to a modest increase of NASDAQ?

      The big question, as another poster commented, is what MSFT has to lose that is worth that much cash. If this goes into effect, they have a serious risk of losing shareholders, as that $916M is cash they would like to get as dividend instead...

      Then again, IANAMMSH (I am not a major MSFT stockholder).

      --
      This sig is intentionally left blank
    2. Re:Pocket change by WhiteWolf666 · · Score: 1

      The fine is currently at the 10% level. The fine can be escalated as needed.

      The fine is a "non-compliance" fine. This is not a speeding ticket. Microsoft isn't suddenly free-and-clear after paying the fine.

      This fine is a "we will continue to punch you in the face until you come into compliance." The next level of "fine" is 50%. Followed by 100%. Followed by whatever escalation is necessary to bring Microsoft into compliance.

      Even then, a $25.1 million dollar per day fine is quite significant. I suspected that the cost of producing adequate documentation will occur before the fine reached the 100% level.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  62. Funny by SuperKendall · · Score: 1

    A humorous typo that works out either way - thanks for the laugh (even if at my own expense...) :-)

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  63. It has happened before by Dion · · Score: 1

    When I say "It" I refer to the huge fines that the EU typically uses to punish pricefixing.

    What americans don't seem to understand is that the EU is first and foremost a common market, it's an organization built to enable free (and fair) trade, restraint of trade and of competetion in EU is a capital crime and is punished until it stops.

    I, for one, have no doubt that the EU will fine MS until it complies with the demands as MS' crime strikes right at the heart and soul of EU by limiting competetion.

    --
    -- To dream a dream is grand, but to live it is divine. -- Leto ][
  64. WGA? by MrTrick · · Score: 2, Funny

    ...at least you hope that's still the case.

    1. Re:WGA? by Anonymous Coward · · Score: 1, Funny

      What do you mean? Microsoft pushes the WGA kill button and all XP machines in Europe stop functioning?

    2. Re:WGA? by blane.bramble · · Score: 1

      I think they have been testing this on a daily basis recently

    3. Re:WGA? by Schraegstrichpunkt · · Score: 4, Funny
      I would love to see that. That would be the most idiotic move that MS execs could make, ever. Let's speculate on the consequences:
      • MS execs who try to enter any of a several countries face arrest at the border.
      • The UK parliament (of "parliamentary supremacy" fame) passes a law seizing Microsoft's UK assets, revoking MS's copyrights, and allocating a bunch of money for developing a secure alternative to _all_ Microsoft software (noting that MS has no copyrights anymore, so not everything has to be written from scratch). Other countries follow suit. This may be unconstitutional in some countries, but by the time the court case finishes, it will be too late.
      • Within the span of a month, more money than MS has is devoted specifically to eliminating the "Microsoft Threat".
      • Confidence in Microsoft is completely lost worldwide. Game over.
      • Someone in Redmond yells, "Who the hell authorized that??".
      • Chairs are airborne.
    4. Re:WGA? by GundamFan · · Score: 1

      Man...

      Why did you say that out loud? Now Microsoft won't fall for that one....

      --
      I don't give a damn for a man that can only spell a word one way.
      Mark Twain
    5. Re:WGA? by Anonymous Coward · · Score: 0, Funny

      I now have the image of a flyboy badgs: the third armchair division!

      Chocs away!

      Smoke me a kipper, skipper!

    6. Re:WGA? by MBGMorden · · Score: 1

      But where does Profit fall in all of this?

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    7. Re:WGA? by es330td · · Score: 2, Interesting

      "revoking MS's copyrights" The repercussions of this would be enormous. I know all the MS haters would love to see this happen but the fallout from messing with MS in this particular manner would be catastrophic. The United States makes a LOT of money from foreign markets on the production of "soft" goods such as software, music & movies. If for no other reason than preventing this from becoming a precedent the US government would have to defend this.

    8. Re:WGA? by __michikal · · Score: 0
      • MS execs who try to enter any of a several countries face arrest at the border.
      • The UK parliament (of "parliamentary supremacy" fame) passes a law seizing Microsoft's UK assets, revoking MS's copyrights, and allocating a bunch of money for developing a secure alternative to _all_ Microsoft software (noting that MS has no copyrights anymore, so not everything has to be written from scratch). Other countries follow suit. This may be unconstitutional in some countries, but by the time the court case finishes, it will be too late.
      • Within the span of a month, more money than MS has is devoted specifically to eliminating the "Microsoft Threat".
      • Confidence in Microsoft is completely lost worldwide. Game over.
      • Someone in Redmond yells, "Who the hell authorized that??".
      • Chairs are airborne.
      • ????
      • Profit!
    9. Re:WGA? by HTH+NE1 · · Score: 1

      But where does Profit fall in all of this?

      I'm sure Jim will land on his feet.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    10. Re:WGA? by plantman-the-womb-st · · Score: 1

      So what you are saying is, since MS makes the US a lot of money, MS should be immune to the laws of any nation they opperate in?

      That's just stupid.

      --
      Say bad words about my book, in cold oatmeal, or I shall sue!
    11. Re:WGA? by Impy+the+Impiuos+Imp · · Score: 1
      • The UK parliament (of "parliamentary supremacy" fame) passes a law seizing Microsoft's UK assets, revoking MS's copyrights, and allocating a bunch of money for developing a secure alternative to _all_ Microsoft software
      • A half billion is spent developing this OS, which nobody uses because it doesn't run Microsoft Office or Quake Oblivion: World of Villains
      • EU governments lose tens of billions in taxes due to the MS OS not being sold anymore but rather bootlegged.
      • Government officials will not admit they did wrong.
      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    12. Re:WGA? by knowledgeguru · · Score: 1

      However I would hate to think you naive enough to belive that series of evnts would take place, micro$oft proves time and time again that it's above the law.

    13. Re:WGA? by Anonymous Coward · · Score: 0

      Don't be a f*ing idiot troll and post without knowing what the hell you are talking about. First, there is Openoffice.org...or if that isn't good enoulgh there is crossover office (which lets you run MS office in linux). But either way MS Office wouldn't be an issue because MS cannot operate and their copyrights are invalid, remember? Then, there are the games...The Quake and Doom games have a native port to linux. Everything else you metioned is a supported game in Cedega.

    14. Re:WGA? by elvum · · Score: 1

      Meh, it would hardly be the first Europe/USA trade war.

    15. Re:WGA? by Impy+the+Impiuos+Imp · · Score: 1

      The way to eternal salvation is Jesusopensource! Can't you see? CAN'T YOU SEE? :rollseyes

      Here's a troll: It would be a shame if a governmental looter-based society were to destroy Microsoft.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  65. prohibit Microsoft from selling Windows Vista by Meltir · · Score: 1

    But they can prohibit Microsoft from selling Windows Vista.

    How do you imagine thats going to happen ?

    1) there are no laws that i know of that would prohibit the selling of an item that is not dangerous in any way based on some abstract ruling
    2) they would have to make a precedential law that would prohibit the selling of a specific product, created by this specific company - something that nobody in their right mind would actually support (i hope)
    3) even if they did all that - all the members of the EU may choose to follow that directive, nobody can really force them
    4) the EC cannot make such a directive pass go and collect 200 all by themselves
    the most they can do is propose one like it, and the majority of the members of the EU would have to support it, which they probably wont.

    What they can (can they?) do is revoke microsofts patents as a means of covering the fine and make them public domain - something that would actually cause an interesting turn of events.
    1 billion worth of patents must cover quite a couple of areas and would allow competitors to legally hack away at microsofts binaries on order to create the documentation themselves.

    1. Re:prohibit Microsoft from selling Windows Vista by Tony+Hoyle · · Score: 1

      OTOH The EU *can* impose import tarrifs, and has done for specific products.

      Simply put a $10,000 tax on every copy of Vista. MS can still sell it, but they won't get many takers.

    2. Re:prohibit Microsoft from selling Windows Vista by fmoliveira · · Score: 1

      They would create an European company and sell vista as "made in europe". That was common practice here in Brazil when we had absurd (more absurd than now) importing laws.

    3. Re:prohibit Microsoft from selling Windows Vista by nosferatu1001 · · Score: 1

      The transfer of IP required to produce Vista would be subject to the same tarrif - sure, only a one off fee. say $10B US? ;)

    4. Re:prohibit Microsoft from selling Windows Vista by Sky+Cry · · Score: 1

      I'm not looking at it from the legal point of view (since I'm not qualified enough to do so). But hey, they can prohibit selling of, say, heroin, can't they? So just make Vista bundled in a certain way and owned by monopolical company simply illegal and they can't sell it. Isn't that possible?

      1) It's clearly dangerous to society (otherwise this whole thing wouldn't exist).
      2) Yeah, a law that would prohibit selling of bundled products by monopolical companies. That's a law always handy to have in the future.
      3) Right from the summary: "all 25 member states of the EU have found Microsoft guilty of non-compliance". That might as well mean all would choose to follow this law. But anyway, why can't it be non-volutary? Sadly IANAL, so I just don't know... Please, enlighten me. ;)
      4) Why wouldn't they support it? Once again, the fine went through, didn't it?

  66. Because they are astroturfing... by Dion · · Score: 1

    ... or because they are really US fanbois that will defend any USian entity against any outsider no matter what.

    --
    -- To dream a dream is grand, but to live it is divine. -- Leto ][
  67. Re:One Word! by Vo0k · · Score: 1

    "$1.4 billion, *yawn*. Do you take visa or should I pay with cash?"
    "Cargo ship loaded with cash would be nice."
    "That will fit in four ISO size containers, we can send it by air freight."
    "I think no more than $1.5 milliard fits in a container. You need a ship to send $1.4 billion dollars."
    "milliard? What the fuck is that?"
    "I think you call these 'billions' back in the US. A billion here is a thousand milliards or a million millions."
    "*cough* *choke*"

    --
    Anagram("United States of America") == "Dine out, taste a Mac, fries"
  68. Where does the money go? by inflamez · · Score: 1

    Some people here already pointed out, that the fines will be a total of about 1.4 Billion USD.

    Does anyone know what those fines will be used for? I doubt they will be donated to open source projects. I'd appreciate some more info.

    1. Re:Where does the money go? by rbarreira · · Score: 1

      Why should they be donated to OSS projects?

      --

      The AACS key is NOT 0xF606EEFD628B1CA427BEA93A9CA9773F
    2. Re:Where does the money go? by inflamez · · Score: 1

      I am just trying to find a reasonable way how the government could spend the money.

      Since MS is one of the strongest adversaries of OSS, and have been accused of beeing a monopolistic company, the money would be well spent if it's used to support exactly those people MS is trying to stop from beeing successfull. Or maybe use the money to support universities and research ... there are probably many more ways to put the cash to good use.

      I just fear that the EU will either keep quiet about it, or use it for something like debt reduction, lawyer costs, and "other expenses".

  69. Woah! by Anonymous Coward · · Score: 0

    If they break the treaty, the WTO will assign a fine. Not paying the fine will increase the fine, then all these people complaining about the size of THIS fine will complain about the size of the WTO fine.

    I mean, if the EU is fined, they will just raise taxes and so be fining us, the constituents and that is bad, yes?

    1. Re:Woah! by WhiteWolf666 · · Score: 1

      Matters of national security are exempted from WTO rules:
      WTO-AGP: Articles XXIII: Exceptions to the Agreement
      1. Nothing in this Agreement shall be construed to prevent any Party from taking any action or not disclosing any information which it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    2. Re:Woah! by plague3106 · · Score: 1

      Well, assuming what you're saying is true, what teeth does the WTO have to actually collect the fine? I'd wager 'none.'

  70. Proof of pirated code by RecycledElectrons · · Score: 1, Interesting

    IIRC, the only part of the ruling that M$ refused to abide by was the release of the Win 95 source code. That proves that they have something worth $2,510,000.00 per day to hide. Given the current state if IP law, pirated code in Win 95 could easily be worth 10 times that amount.

    You tell me - what else could M$ be hiding? Why else would they be funding SCO to fraudulently claim that the Linux Kernel contains SCO's code?

    Andy Out!

    1. Re:Proof of pirated code by Anonymous Coward · · Score: 0

      "the ruling that M$ refused to abide by was the release of the Win 95 source code... proves that they have something worth $2,510,000.00 per day to hide."

      I'm posting from my parent's Win ME machine and can absolutley guarantee you the only source they have to hide is one of major embarrassment.

    2. Re:Proof of pirated code by Anonymous Coward · · Score: 0

      > IIRC, the only part of the ruling that M$ refused to abide by was the release of the Win 95 source code.

      You don't remember that correctly.
      This is all about MS' failure to produce adequate documentation on some server-client-protocols. They were never ordered to disclose any source code. Sure, MS tried passing off some code snippets as "adequate documentation", but the court didn't accept it.

    3. Re:Proof of pirated code by SoulRider · · Score: 1

      You tell me - what else could M$ be hiding?

      They intentionally introduce bugs so that they can fix them in the next release? If someone else got a hold of their code they could easily put out a "better" windows that MS? There are so many holes and backdoors in their code people would realize that security is nothing more than rhetoric to MS? Their codebase is a complete pile of crap and only works by the grace of god?

  71. bill gates has already forseen this by RedHatChilliPeppers · · Score: 1

    Bill Gates will resign from Microsoft in the future because he wants to create the same strategy w/ the Enron's executives and one of the major reasons is this.

  72. EU to IPO? by DosFish · · Score: 1

    when will EU IPO? it is a good way to make money like this. if EU decides to IPO, i will buy a lot of EU stocks and hold it for a long long time. If I am the CEO of EU, I will kill MSFT in 3 years, and GOOG next, and then AAPL ... easy money.

  73. matter-antimatter collision by srussia · · Score: 2, Insightful

    This is what happens when state-enforced monopoly (copyright) and state-enforced competition (anti-trust laws) collide.

    --
    Set your phasers on "funky"!
  74. Protect companies mentality by Aceticon · · Score: 4, Insightful

    After seing many of the posts here on /. i don't understand this "poor Microsoft evil EU mentality".

    You see, my biguest personal grip with the law in capitalist countries at the moment is how disproportionaly harsher it is on individuals that it is on companies - for example, if an individual kills someone due to negligence he/she goes to prison, while if a company kills multiple people they get a fine.

    Even more relevant to this situation is the disparity when both the individual and the company do something for which they are fined: the issue here is that, proportionaly to the annual income of the individual and the company, a fine with the same value usually is a much higher burden for an individual than for a company. Worse still, for equally harming crimes, companies often get lower fines than individuals since they have beter lawyers, beter connections and the law is (thanks to many years of lobbying) skewed to be harsher on the types of crimes done by individuals than one those done by companies even when both crimes do the same amount of harm.

    So back to the fine on MS and to put things in perspective:
    - MS had in the year of 2005 a net (thus after taxes) income of $12254 millions, a fine of 1.400 millions is thus 11,4% of their net income.
    - For an individual making $150000 bruto per month, with a 30% flat income tax (thus $105000 net income), an equivalent fine (thus 11,4% of their yearly net income) would be $11970

    Thus, Microsoft's fine is equivalent to a $11970 (in one year) fine for an individual with an well above average income.

    1. Re:Protect companies mentality by Anonymous Coward · · Score: 0

      Because a company/corporation sorta lacks individualism. Putting every single employee in the slammer certainly isn't an option.

    2. Re:Protect companies mentality by Aceticon · · Score: 1

      Two small sugestions:

      Corporate death penalty - big fine, dissolve the corporation, shareholders get what's left of it after fines and debt payments.
      Corporate "prision" sentence - corporation cannot do business in the specified country for X years. Additionally any trade coming from or going to a company of that corporation cannot pass through the territory, airspace or maritime area of that country.

    3. Re:Protect companies mentality by NibbleAbit · · Score: 1

      If your microsoft side of the equation is right, then your comparison gets even better. Net income is AFTER Expenses, not just after taxes. So $150,000 less 30% taxes, less $45,000 for living expenses is $60,000. 11.4% of that is $6840. So their fine works out to the equivalent of a $7,000 to a high income earner. Since I am in this income bracket, I know that $7,000 would hurt, but would be preferable to dropping my earinings by 10% or 20%.

    4. Re:Protect companies mentality by Steve+Baker · · Score: 1

      Thus, Microsoft's fine is equivalent to a $11970 (in one year) fine for an individual with an well above average income.

      This is all well and good, but supposes that, like taxes, the corporation is the one that actually pays. This is not really the case, as corporations just pass the costs onto the consumer, who is the one who ultimately pays. Fines such as these represent nothing more than additional taxes or tariffs on consumers of certain goods. I imagine that stealth taxation like this will become more in vogue given the economically illiterates joy at seeing corporations getting their comeuppance.

      It may be true that raising the prices of a corporations goods can have detrimental effects on their business by making the competition more price competitive, but that seems unlikely when you're microsoft. I really have little sympathy for Microsoft and their business practices, but this fine doesn't really hurt them, it just hurts their consumers. And really, aren't they hurt enough having bought a microsoft product already?

    5. Re:Protect companies mentality by Anonymous Coward · · Score: 0

      You see, my biggest personal grip with the law in capitalist countries at the moment is how disproportional harsher it is on individuals that it is on companies - for example, if an individual kills someone due to negligence he/she goes to prison, while if a company kills multiple people they get a fine.

      I'm not so sure this is true. Let's say Samsung's CEO shot the CEO of LG. I'm pretty sure, even though this would be a corporate conflict, the punishment would be similar to individuals. At least in the US the intent in a crime plays a large role. If a corporation like Ford is doing calculations on the value of a human life a lot of people freak out. Personally I feel you can spend an infinite amount of money on protecting an individual, it's simply impractical and irresponsible. When corporations do hide important safety information, as Ford did in Explorer/Fiesta cases then, yes they are responsible for people's deaths. But is any one individual? I doubt it. If you wrote software running ER machines and you knew there was a bug, and it crashed, killing a patient... is it the same as you walking up to him and unloading a couple of bullets into him because he is a minority and you hate minorities? These are the great philosophical debates of our time.

      But you have to think about the cost of shutting down a car company who provides maintenance for millions of working citizens, or a telephone company for millions of customers. The cost of destroying a corporation can be high.

      Thus it comes down to personal responsibility. Something capitalist countries value, though recently not enough. When a couple of members of a corporation are costing individual lives, those members, not the rest of society should have to pay the cost.

    6. Re:Protect companies mentality by houghi · · Score: 2, Interesting

      is thus 11,4% of their net income.

      Or roughtly 6 weeks pay. If you are payed by the week, it is easy to calculate. If by the month, it is 1.3 times your monthly wage. So to roughtly calculate, add one third to your monthly pay and that is the fine.

      Nothing you will go broke over, but also nothing you will want to repeat.

      --
      Don't fight for your country, if your country does not fight for you.
  75. FYI: It's mainly about network protocols by Moraelin · · Score: 5, Insightful
    In this case, I believe it's the market for media players in question, and Microsoft was supposed to separate out Windows Media Player. It may sound like a small thing


    Actually, it sounds like a small thing because that's not the whole thing, and it's the least of the non-compliance problems too. MS was basically ordered there to _also_ sell a version without it, which isn't even much of a punishment when they can keep selling the version _with_ Media Player too.

    The current fighting is over the other, and more important part there, namely APIs and protocols. MS has been given a list of stuff it must provide adequate documentation for, and to everyone. That's all.

    Basically what the EU is saying is "wtf? A situation where only Windows workstations can talk to a Windows server is a recipe for a monopoly. Do be so kind and provide the documentation for those protocols." It's just telling MS that its products should compete with others on their merits, not on being the only thing that can interoperate with their other products. It shouldn't be years of guesswork and reverse engineering just to get a Linux or Solaris box to talk to a Windows server.

    And MS so far has been playing hardball and turning it into a media battle. It started by pulling stunts like selling some libraries and docs preferentially and putting some stupid conditions on getting them. (E.g., literally, you can't use them in an OSS product. Literally.) Then it offered a bunch of undocumented and incomplete implementation code. (The EU says: sorry guys, we asked for protocol documentation. Be so kind and provide the docs.) And so on. And, again, it's been busy astroturfing and turning it into a media posing contest.

    And IMHO the court has played pretty nice so far. Even the fine is "backdated" and thus so large, because, seriously that was the final date at which MS was ordered to provide those docs. At some point, after giving MS ample time and letting them delay for years, the court basically said, "No, this is final. At date X you must provide those docs or pay a fine per day." It still gave MS more timeouts even after that, and a chance to not pay those fines, but under the explicit condition that, seriously, if MS still doesn't comply than the original date still stands.

    Basically, seriously, if I did half that shit in a court of law, I'd be in contempt and probably facing some quality time behind bars. I'm not anti-MS or anything, but at some point a court of law must be able to enforce compliance or it becomes just a joke. You can't allow someone to basically just refuse to obey for years.
    --
    A polar bear is a cartesian bear after a coordinate transform.
  76. /tangent by cgenman · · Score: 1

    *=I'm guessing that was the Games Division's fault.

    That turned out to be all of Microsoft's "home" division, which included the Xbox as well as... wait for it... MSN. Microsoft had earlier said they were going to dip into their warchest to do a massive 1 billion dollar blitz to pull MSN out of the dumps. If it's the same year I'm thinking of, that was the year Halo 2 was released. By most people's estimations the Xbox had a probably profitable if not simply less lossy year. So it is quite plausible that the major losses from Microsoft that year came from fruitlessly advertising a dial-up service that nobody uses anymore, along with a search engine that was desperately in need of a revamp. And any other secret iLoo projects they may have canned, development of the X360, etc.

    1. Re:/tangent by KDR_11k · · Score: 1

      The profitable quarter of Halo 2 brought ~200 million IIRC while the average quarter loses 250 million so the games division would still be unprofitable.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
  77. Re:Well great by spectecjr · · Score: 1

    Man, it's weird how much pro-Microsoft shilling appears on Slashdot whenever there's a EU discussion. All Microsoft had to do was document their APIs as requested by the commission. Why do MS fanbois hate that idea so much?

    They don't. The problem is that the EU commission won't specify exactly what's "good enough" documentation.

    It's like I asked you to give me some fruit. You're looking for a kumquat. I give you an orange, and you say "no, that's not good enough". I give you a lime, and you say "no, that won't do either". I ask you what kind of fruit you really want, and you say "no, you just have to give me the fruit".

    Not really fair is it?

    --
    Coming soon - pyrogyra
  78. Re:good for the EU by rat_herder · · Score: 1, Offtopic

    eh... Italy should not be proud of the way they won through... especially the match against the Aussies :(

  79. Re:good for the EU by matt4077 · · Score: 1

    Your post started to nice and well-informed. To bad it ended like that :-)

  80. Why? by Eric+Damron · · Score: 1

    "I'm not saying that something shouldn't be done, but you can't just say "Sorry, you can't do business here" when 95% of your PCs being used every day need them."

    Actually, yes you can and further if a company is breaking the law you must. If 2.5 million per day does not impress Microsoft then the EU should keep raising the fine until it does make an impression.

    No corporation should be allowed to ignore the law. Period.

    It is unlikely that Microsoft will stop selling there products in the EU. But this should not be a bluff. If Microsoft decides to cut off their own noses then so be it. There are alternatives and people will adapt.

    --
    The race isn't always to the swift... but that's the way to bet!
    1. Re:Why? by Vo0k · · Score: 1

      Microsoft needs to pay 1.4 gigadollars fine?

      --
      Anagram("United States of America") == "Dine out, taste a Mac, fries"
    2. Re:Why? by Przepla · · Score: 1

      Actually in Poland this is already done -- see this Google search or this. When people use 10k PLN; when they mean 10,000 PLN, and 1,2m PLN; means 1,2E6 PLN; (1 zl; (PLN) = 0.3 USD).

      --
      When in doubt, go to the library. - Ron Weasley in Harry Potter and the Chamber of Secrets
  81. Re:good for the EU by ultranova · · Score: 2, Insightful

    If you think a goverment is anything more than a corporation with guns, you're fooling yourself.

    If you think that a corporation is anything more than a government without laws, representation or even a theoretical interest in human life and dignity, you are fooling yourself.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  82. Re:good for the EU by Walt+Dismal · · Score: 1

    In other news, the EU threatened to fine SCO $14.95, but the SCO corporate treasurer protested, saying the magnitude of the fine was totally unfair and beyond their capability to pay. IBM then spit up its coffee.

  83. Billions and Billions by sadtrev · · Score: 2, Informative
    From an old copy of the OED :

    A billion is bi-million which is a million squared (10^12)
    A trillion is a trillion which is a million cubed (10^18)
    etc.

    Sometime in the 1920s American journalists started using billion for a "thousand million" and it caught on. Prior to that the term wasn't commonly used. Sometime in the 1980s the BBC gave in and started to mis-use the term as well. It causes a lot of confusion in the rest of the world (except India, which has its own plethora of names) where they do use the term milliard.

    (completely offtopic) The prize money in the TV quiz show "Who wants to be a millionaire?" in Indonesia is 10 Milliard Rupiah.

  84. Re:Well great by tetabiate · · Score: 1

    what part of better interoperability with third-party applications you don't understand?

  85. Putting those... by Phil+John · · Score: 1

    Putting those directly responsible (e.g. managers or heck even the CEO) in prison however is.

    --
    I am NaN
  86. long and short scales for monetary values by Anonymous Coward · · Score: 0

    This table is correct up to and including 10^12 - trillion - billion. Then it becomes horribly wrong. The key fact is: With the long scale used internationally, the numeral prefix (bi-, tri-, quadri-, ...) counts groups of six zeroes, or two steps on the scientific magnitude scale (kilo-, mega-, ...). The short scale used in US english counts groups of three zeroes above thousand. See also: http://en.wikipedia.org/wiki/Long_and_short_scales

  87. Re:good for the EU by Schraegstrichpunkt · · Score: 1
    IBM then spit up its coffee.

    At this point, I don't think there's anything that SCO could say that would truly surprise anyone.

  88. Re:The Future (thought experiment) by Anonymous Coward · · Score: 3, Informative

    Yes, very insightful.
    Apart from the fact that Debian would include several media players and browsers, none of which were produced by themselves and would probably be delighted to include others of sufficient quality. So the monopoly abuse question (which is what the MS issue is all about) would never arise and your example is total bollocks.
    Also the fact that anyone is free to take the debian source, make a totally compatable distro and include whatever media players etc. that they like (which can't be done with windows) makes your example double extra mega total bollocks.

    I wish I wasn't forced to post as AC (by slashdot's bizarre IP address blocking which seems to exclude entire ranges from logging on for no apparant reason) so I could see if you attempt to justify your amazingly ignorant opinion which always crops up at least once every time the MS/EU issue is discussed.

  89. punishment for success by Anonymous Coward · · Score: 0

    So microsoft build themselves a successful model, and the governments decides that they are too successful, so fines them.

    So whats next? apple get fined because the ipod only works with itunes? how about real player getting upset because no mp3 players use their format?
    Maybe lotus notes will come out the woodwork and say there system really isn't crap, its microsofts fault for providing a system that people can actually use.
    maybe coke will start on starbucks and gloria jeans for not selling their drinks?
    How about christmas being banned and not a public holiday because other religions do not have their days off?

    they got to where they are by being a successful company. what message does this send to companies? you can be successful up to a certain point, then you have to stop doing what you did to become successful, and give away all your IP.

  90. Copylefting MS? by wild_berry · · Score: 2, Insightful

    Relieving Microsoft of their copyrights within EU member states would only serve to worsen the addiction to Microsoft's proprietary software. The present path is best: financial incentives to comply with a demand for documentation so that other software companies can develop software to inter-operate with Microsoft's offerings on the same footing as MS has.

    Were the EU to deny Microsoft copyright protection in its member states, I suspect that the Microsoft would lobby the US Government to act in WIPO and WTO (with other small countries bullied) to impose sanctions upon Europe. It's been a while since we've had some empire-wrangling (well, since the allegations that Saddam Hussein was planning to sell Iraq's oil in Euros before 2003's 'liberation') and that could interesting times indeed.

  91. A Bit of Context by Anonymous Coward · · Score: 0, Troll

    Despite my soon to be status of a "M$ fanboi," I'd like to try and attempt something a crowd of engineers has disappointingly failed to do. Take apart the issue and consider it in context.

    I see there being two issues here, outside of MS being the embodiment of the Prince of Darkness himself.

    1) MS has failed to properly document their OS this makes them evil AND incompetent.

    2) This lack of documentation is what led to the demise of Real Player, WinAmp and other fine audio players.

    My analysis,

    1) MS has failed to properly document their OS this makes them evil AND incompetent.

    My guess is that MS is just like every other software developer in the world. They don't document their code well and they don't really enjoy doing it. I suspect the fact that the reason their software is integrated so well and works so much better than competitors software (a point I would be willing to argue) is because the guys writing the Media Player can call up the Windows folks and ask them what the hell is going on.

    However it's fair to hold MS to higher standards, after all they are a monopoly. Yet I'd like these standards to be applied universally. What if you were providing a service, that you that was more competitive than another offering? One day the government knocks on your door and says you need to pay offer better health insurance because you're doing so well, but your competitors need not because they are less efficient. I'd be pissed. Europe has been promoting a culture that punishes success (corps) and competition (labor laws and taxes), and if you look at their economy over the last 10 years you'll see its effects.

    If MS is required to write up sufficient docs then Real Networks, NullSoft, and Apple should all be included to. Instead of whipping out the "your big and bad so we are gonna punish you" stick, why not just codify into law requirements for software development. Only then will innovation truly prosper, otherwise we will just strike down companies who may have a record of innovation. I suppose you could just force MS to go open source, but understanding open source codes without docs has proven difficult to me. Maybe I am just not as infinitely talented as all the other Software Devs are.

    2) This lack of documentation is what leads to the demise of Real Player, WinAmp and other fine audio players.

    Hmm. Last I checked RealPlayer fell apart around the time it started coming with Real "Lets send you daily ads and call them important messages providing no method of suppression" and Real "lets take over the download function of your browser just because we feel like it" and WinAmp fell apart because of WinAmp 3 and well AOL. Additionally, last I checked Windows Media Player isn't exactly the king of media players. iTunes (never minds it's 10 meg xml library file, helper TSRs, undocumented and un-licensable FairPlay, compatibility with only one brand of music players, and it being a required download as part of Quicktime, and bundling with OSX, does any one else find those commercials where apple blasts MS for not including a MediaPlayer, which is a lie, amusing in this context?) seems to have done just fine, fairy quickly in this supposedly impossible to penetrate market. If a program as awesome as iTunes can succeed I have a feeling the monopoly that Microsoft supposedly took advantage of in promoting their wildly successful media player, might have been well, not successful as the EU seems to claim they have been.

    1. Re:A Bit of Context by Theaetetus · · Score: 1
      iTunes (never minds it's 10 meg xml library file, helper TSRs, undocumented and un-licensable FairPlay, compatibility with only one brand of music players, and it being a required download as part of Quicktime, and bundling with OSX, does any one else find those commercials where apple blasts MS for not including a MediaPlayer, which is a lie, amusing in this context?) seems to have done just fine, fairy quickly in this supposedly impossible to penetrate market. If a program as awesome as iTunes can succeed I have a feeling the monopoly that Microsoft supposedly took advantage of in promoting their wildly successful media player, might have been well, not successful as the EU seems to claim they have been.

      FairPlay is quite well documented - it is currently un-licenseable, but that's a separate issue. Also, "compatibility with only one brand of music players"? How do you possibly get that? iTunes has been around since 1999, two years before the iPod. You think people were just staring at it the whole time, saying "gosh, if only I had a player this would work with." The Nomad, the Rio, etc. all worked fine with iTunes. Also, you can download Quicktime separately from iTunes... maybe you meant the other way around? iTunes is bundled with Quicktime because it uses the Quicktime engine internally for playing videos. Otherwise, you'd download iTunes, purchase a movie from the iTMS, and then have to download an additional component. It's like WMPlayer downloading Divx codecs, not some grand conspiracy. And as for the bundling with the OS? Sure, but it's also removable, unlike Internet Explorer under Windows.

      Finally, there's something else you've forgotten... Apple isn't a convicted monopolist. The rules are different for Microsoft.

    2. Re:A Bit of Context by Anonymous Coward · · Score: 0

      (From the guy who wrote the start of this thread)

      FairPlay is quite well documented - it is currently un-licenseable, but that's a separate issue. Also, "compatibility with only one brand of music players"? How do you possibly get that? iTunes has been around since 1999, two years before the iPod. You think people were just staring at it the whole time, saying "gosh, if only I had a player this would work with." The Nomad, the Rio, etc. all worked fine with iTunes. Also, you can download Quicktime separately from iTunes... maybe you meant the other way around? iTunes is bundled with Quicktime because it uses the Quicktime engine internally for playing videos. Otherwise, you'd download iTunes, purchase a movie from the iTMS, and then have to download an additional component. It's like WMPlayer downloading Divx codecs, not some grand conspiracy. And as for the bundling with the OS? Sure, but it's also removable, unlike Internet Explorer under Windows.

      Maybe I am a fool but if you check out the quicktime website, http://www.apple.com/quicktime/download/win.html (At least for windows, iTunes comes with quicktime). So, NO, I meant what I said. If it was the way you thought I meant, then maybe then what I percieve to be a crazy apple monopoly would make some sense. Unfortunately this doesn't.

      By iTunes not compatible, I was referring to ALL the features including the music store. As long as apple uses their un-licensable fairplay, it's not fair at all. Ever dollar spent by the innocent public is a dollar to reaffirm Apple's hold on the market. It's illegal to crack Fairplay and therefore the consumer has no choice. No choice in a market Apple clearly dominates.

      Finally, there's something else you've forgotten... Apple isn't a convicted monopolist. The rules are different for Microsoft.
      Actually, had you read what I wrote you would have seen I quite clearly remembered it. I had a full paragraph on it. So Microsoft has couties, grow up. Apple is the monopolist in the music industry. If you want to government to be responsible for telling you what you can't do something because you are big fine. Personally, as I mentioned once before, I believe the codes of conduct should be universal. At least Microsoft licenses their technologies providing consumers some semblance of choice, in music stores, media players, and hell even the actual codecs used to encode the media.

      Finally the point of my article is not to say MS or Apple is an a**hole. The point is I believe laws should be written and applied fairly across the board. Otherwise you get situations like this, MS being conviced as a media monopolist in the EU while the prosecuters let Apple rob the bank.

    3. Re:A Bit of Context by Zidane-The-Dom · · Score: 1

      itunes is not a 'required download' to get quicktime, apple have a stand-alone quicktime player available, here http://www.apple.com/quicktime/download/standalone .html

      on the quicktime download site, look on the right column, under the 'upgrade now' section, just above the ipod ad.

      oh, and as far as i am aware, itunes is provided as the upload software for your ipod, to enable you to transfer music to your device, unless of course you would prefer to buy a £200 music player and not have the ability to put music on it.

      i suspect the important point is that they do allow competition. as far as i am aware, an ipod can play just about any mp3 you put on it, using itunes or any other means (for example, amarok can also talk to ipods).

      oh, and the other companies do appear to have provided the support, or at least accessibility. nullsoft are very helpfull in providing documentation to plugin and skin developers, and there doesnt seem to be much trouble talking to ipods either.

      fyi i neither love nor hate apple, i'm a linux user, i just hate misinformed opinions. oh, and i suspect MS will magicly produce the documents at the last moment, just to provide maximum hassle and cost to the EU, just because they can.

    4. Re:A Bit of Context by Anonymous Coward · · Score: 0

      1) MS has failed to properly document their OS this makes them evil AND incompetent.

      My guess is that MS is just like every other software developer in the world.


      i didn't know your "analysis" equated to a guess.

      They don't document their code well and they don't really enjoy doing it.

      this is likely true, however, they document it well enough so they they can INTERNALLY work with the standards to produce SOFTWARE.

      whatever they know INTERNALLY to get software playing nice is what they need to give out EXTERNALLY.

      they have the information, they don't want to release it.

      no guesswork analysis involved.

      I suspect the fact that the reason their software is integrated so well and works so much better than competitors software (a point I would be willing to argue) is because the guys writing the Media Player can call up the Windows folks and ask them what the hell is going on.

      and that answer should be documented. if the windows folks "know what is going on" it can be documented. truthfully, it *is* documented somewhere b/c developers know that if they haven't touched code for 6 months, it is like looking at new code...

      we aren't stupid. this is a threat to their monopoly, pure and simple. it isn't a bunch of lazy, jovial coders. stop drinking their koolaid - it impacts your guesses.

      However it's fair to hold MS to higher standards, after all they are a monopoly. Yet I'd like these standards to be applied universally.

      they are applied universally. if acme software corp is deemed a monopoly, they'd have hoops to jump through, too.

      i suppose you'd like all innocent folks to be held to the same "standard" as a criminal.

      What if you were providing a service, that you that was more competitive than another offering? One day the government knocks on your door and says you need to pay offer better health insurance because you're doing so well, but your competitors need not because they are less efficient. I'd be pissed.

      red herring.

      Europe has been promoting a culture that punishes success (corps) and competition (labor laws and taxes), and if you look at their economy over the last 10 years you'll see its effects.

      unrelated issue. also, if you think the usa's fiscal house is in order, you better guess again. europe might well be bad, but the usa is very bad, too.

      If MS is required to write up sufficient docs then Real Networks, NullSoft, and Apple should all be included to.

      they would, IF they were CRIMINALS. your guesses are, frankly, juvenile. "if osama is being hunted down, so should everyone..." what?

      Instead of whipping out the "your big and bad so we are gonna punish you" stick,

      you mispelled "criminal."

      why not just codify into law requirements for software development. Only then will innovation truly prosper, otherwise we will just strike down companies who may have a record of innovation.

      you are kidding, right? msft has innovated "vendor lock in" and "vaporware," but not so much more than that.

      *if* microsoft felt comfortable *competing*, they'd do so. they don't, so they hide, cover up, obfuscate, write their own rules, market... anything but comply. there is a way to comply with a spirit of the law... and you haven't seen msft do that.

      all the eu is asking for is accountability. good on them!

      I suppose you could just force MS to go open source,

      not relevant. if you are going to guess and pass it off as "analysis," stay on topic.

      but understanding open source codes without docs has proven difficult to me.

      who are you and why are you relevant to this topic?

      Maybe I am just not as infinitely talented as all the other Software Devs are.

      you and me both, but we aren't relevant. nobody is complaining about being locked out of linux. btw, coding for open source linux has to be much easier than coding to a msft

  92. I, for one by bazorg · · Score: 1

    Welcome our new monopoly-abbusing and >US$2500000/person paying overlords

  93. Re:The Future (thought experiment) by GotenXiao · · Score: 2, Informative

    Not relevant. In. The. Slightest. Debian wouldn't be locking you in to using only that free media player and web browser, like MS are.

    You have to have IE loaded on your Windows box for it to work. Media Player cannot be removed entirely from the system. MS' protocols are undocumented heaps of proprietary shit.

    Hell, it took the Samba team months/years to reverse engineer the protocols Windows uses for networking. How much less time would it have taken if it had been documented? How much closer to 100% compatibility would Wine be if it had full documentation for the Windows APIs?

    --
    Goten Xiao
  94. Ouch... by dasunst3r · · Score: 1

    If my calculations are correct, then as of 7/5/2006, 568 days have passed, and therefore, Microsoft owes the EU $1.42 billion. From this perspective, piracy just might not look that bad of a statistic after all! Additionally, I'm afraid that Microsoft now has an excuse to jack those dang prices up... -.-

  95. Re:Well great by Radar|TGS · · Score: 1

    The EU is a woman?

  96. Re:good for the EU by Anonymous Coward · · Score: 0

    On topic stuff comes later in my post.

    The matches against the US and Australia are fairly common for us (I'm italian). Our overpaid players can't concentrate when playing teams considered too inferior, and sometimes we get badly beaten. It was hard for some of us to celebrate Italy's victories though because of the skandal going on in our country; the things many of us knew for decades now are coming out in public, but it's clear that not every single guilty will be punished. Also, many of us don't feel represented by this team, being some players and the coach itself strongly connected to most people under investigation. Just fire up your p2p client and look for a video containing the name "cannavaro" in it.

    Now back on the MS topic, I think the EU will somehow force MS to open their protocol, but the ultimate goal IMO is not to have a documented Windows (Vista, whatever) but competitive Open Source alternatives. Unless Windows will be completely open sourced the EU (and any other world country besides the US govt. for that matter) cannot know what the systems does behind the curtain. In a connected world the risk associated with this are huge; just think about corporate or military espionage.

  97. Re:Well great by goatan · · Score: 2, Funny

    They don't. The problem is that the EU commission won't specify exactly what's "good enough" documentation. It's like I asked you to give me some fruit. You're looking for a kumquat. I give you an orange, and you say "no, that's not good enough". I give you a lime, and you say "no, that won't do either". I ask you what kind of fruit you really want, and you say "no, you just have to give me the fruit". Actually it's more like this EU: we need you to reveal your kumquats. MS: How about we give you something better (reveals an apple) EU: No that is not good enough you need to show your kumquats. MS: OK we will give you something better (reveals loads of apples) EU: those are not what we want or need, why don't you give us the kumquats we asked for? MS (in a press conference): We don't know what the EU is asking for so we think a fine is unfair. MS fanboy on Slashdot: how is it fair that Microsoft are fined when they don't know what the EU wants? (Uses an analogy that they think proves there point despite the majority of slashdotters showing they (unlike Microsoft ) do understand what the EU wants. How come your average slashdotter can understand it yet MS and there lawyers can't?)

    --
    Saying Apple is better than MS is like saying Botulism is better than rabies.

  98. Why? by msauve · · Score: 2, Insightful

    Why not use the SI (metric system) prefixes and avoid any ambiguity?

                  US Imperial SI
    10^3 - thousand - thousand - kilo
    10^6 - million - million - mega
    10^9 - billion - milliard - giga
    10^12 - trillion - billion - tera
    10^15 - quadrillion - trillion - peta
    10^18 - quintyllion - quadrillion - exa

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  99. Largest economy by Darkman,+Walkin+Dude · · Score: 1

    That would be the largest economy in the world...

  100. Re:good for the EU by Anonymous Coward · · Score: 0

    I see where you are coming from. I think everyone knew about Juventus and Milan at least! ;) Here (Greece), corruption in football is rampant. It's really funny when the theoretically best team in Greece almost always performs poorly in the Champions Leaugue and the runner up's have a respectful run. There are actually audio files where the president of the Greek Football Organization is practically spelling out how he is involved in the corruption, yet no actions where taken. It's all about the money. At least you guys are doing something about it, even if it means ripping apart the campionato... :) Anyway, in an age of football were everybody, even Brazil, is playing only for the outcome, catenaccio rulez! Forza Italia!

    On topic now, I don't think open sourcing windows is the solution (while it could be a good thing). Microsoft is just dragging its feet and playing the press along in their favor. They're not the first to employ this tactic. We mediteranians know this tactic all too well, to 'buy into it'... Una fatsa, una ratsa! :)

  101. Total Fine Is... by Chabil+Ha' · · Score: 1

    If you take how many days it has been since the December backdate till today, July 5th, then the total fine is a whopping:

    $1,425,680,000

    I wish I was a benefactor of that much cash...

    --
    We're all hypocrites. We all have hidden parts, it's the contrast between them that make us more a hypocrite than others
  102. Proxy war on the U.S. by Anonymous Coward · · Score: 0

    Answer?
      The level of pirated software in Europe is the highest in the world?
    http://www.google.com/search?hl=en&q=percent+pirat ed+software+Europe&btnG=Google+Search
    Excuse me, second to China.

    Too bad MS, doesn't actually have that "off" switch.

    That would get a giggle now, wouldn't it?

    "Why not Try Gentoo, here is a link to a help forum."

    ***
    This is no joke though.
    Brits see right through it, love you guys.

    EU aspires to socialist supergovernment control.

    Economically it is a complete disaster,developing into an open criminal conspiracy to usurp the powers of the indivdual member countries.

    Thier inability to levy taxes inspires this fixed "court ordered" regulation.

    Inspired by the successful US model, the now faded dream of a true United States of Europe has become a corrupt ultra-leftist controlled beast.
    The promise of a bright future has been stolen by the bitter elitist remnants of a failed idea that historically at its best, enhanced and insured misery
    and impoverishment. and at its worst killed millions.

    Rather than spawning trade and economic growth, it is devouring political borders via regulation and an increasingly intransigent layer of minority control.

    This anti Microsoft agenda amounts to simple blackmail.

  103. s/2004/2005/ by jhdevos · · Score: 1
    I'm pretty sure that 'backdated to December 15th 2004' should have read 'backdated to December 15th 2005'. Microsoft Watch thinks so, too:
    The EC has been threatening to begin collecting an additional $2.5 million a day from Microsoft (retroactive to December 15, 2005) for what the Commission has said it considers Microsoft's failure to provide networking documentation that would allow third-party companies to connect to Microsoft's Windows operating system.
    (from http://www.microsoft-watch.com/article2/0,2180,198 4144,00.asp).

    Jan

  104. The Harrison Bergeron Principle by Bombula · · Score: 2, Insightful
    I'm not as informed as I should be on this topic, but as a consumer I have to say that in my opinion it doesn't make much sense to tell a company, whether Microsoft or any other, what features or services they cannot offer. To me, it makes much more sense to tell them what they must offer.

    I know this is a little upside down compared to other parts of the legal system, and that counterintuitive element is probably one reason why the issue is sticky. For example, in the realm of personal conduct, the law works better when it tells people what they can't do (you can't hurt other people) instead of what they can do (Conduct Code Article 2,334,202 (a)(iv): you may brush your teeth with either your left or right hand).

    But with the Microsoft situation, it's different. I think it hurts consumers when you tell Microsoft they can't bundle office and media player and IE and whatever other functionality in with the operating system. I'm a consumer, and I would like those things bundled. So I don't think it is necessarily a good thing for the courts to tell Microsoft "you can't include this or that feature with Windows." But I think the court definitely should be able to say, "you must provide documentation and APIs and whatever else to make your stuff interoperable with other company's products and services." That makes much more sense to me.

    Basically, it levels the playing field not be crippling Microsoft, but instead by enabling others to better get a toe in.

    In principle, I don't think it is fair to cripple the more-able just for the sake of making things fair for the less-able. When I was a kid in Michigan we had 'accelerated' gradeschool classes for gifted kids in math and whatnot. Then during the political correctness craze they got shut down for being 'unfair' to other kids. Maybe it has since changed back, I'm not sure.

    It's basically the Harrison Bergeron Principle (after the 1961 Kurt Vonnegut short story). In that story, "equality has been achieved by handicapping the most intelligent, athletic or beautiful members of society down to the level of the lowest common denominator." [wikipedia]. The point is, that is the wrong approach. While I may not be Microsoft's biggest fan, I think it is the wrong approach with Microsoft as well.

    --
    A-Bomb
    1. Re:The Harrison Bergeron Principle by WhiteWolf666 · · Score: 2, Insightful

      Here's another perspective:

      To me, it makes much more sense to tell them what they must offer.

      Microsoft must provide the documentation and APIs associated with programing Win32 applications, file formats, and network protocols. These must be avaliable at a nominal fee.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    2. Re:The Harrison Bergeron Principle by just_forget_it · · Score: 1

      I actually think bundling is good, too, but here's why:

      Netscape was selling their browser
      Microsoft said, "we are going to F**** KILL NETSCAPE!!!!" and bundled a free browser with Windows
      The Netscape browser dies and the company goes a different direction, eventually becoming a cheap dial-up ISP
      Any company that charges for a browser now is out of their mind
      IE stagnates, updates are infrequent, security holes many, Microsoft is indifferent
      Phoenix/Firebird/Firefox rises from the ashes of Netscape/Mozilla, providing consumers a free, relatively secure, and simple browser packed with features
      Microsoft wakes from it's slumber and vastly improves IE

      If Microsoft hadn't have killed Netscape with IE, we'd all:
      Still actually be PAYING for our web browsers
      Wouldn't have Firefox

      In actuality, Microsoft has helped to promote Free and Open Source Software

    3. Re:The Harrison Bergeron Principle by jonored · · Score: 2, Informative

      The media player issue was phrased in the positive, not in the negative. Not "You must not bundle the Media Player with Windows", but rather "You Must provide a version of Windows that does not include the Media Player." More options to the consumer, not less. They can still sell bundled Windows and Media Player, they just need to sell only Windows, as well.

    4. Re:The Harrison Bergeron Principle by Turn-X+Alphonse · · Score: 1

      Theres a difference between being so gifted that you can add 2 and 2 and so gifted that you can't count your money. MS is like that really big bully who runs around a sports field punching people, owns the ball and is twice the size of the coach. Someone HAS to knee cap MS because they have anger management issues and the size to really hurt people.

      If MS sat in the OS market and behaved I very much doubt anyone would have a problem, but MS acts like a cancerous tumour where it sits in the middle of the IT market's chest and slowly leechs off into everything else. If this isn't corrected and damn soon then MS will be more or less the entire IT market (isn't far off now) and will cripple start up companies and new ideas before they even get going.

      I think you have to remember the whole world isn't America. We like a fair fight and we like to give people equal chances and let the best prevail. When someone wins and goes "LOL! No more playing on my field bitchs!" we tend to get very touchy. Where as America seems to go "oh well they won, they deserve it, lets beat them in the future some time" without taking into consinderation of if you step on the field you get clubed by an ogre.

      You could claim what you like about the EU, but we vote the people in. MS no one voted for and now they have enough power to probably take over the world if they saw fit. I'm glad they're being knee capped if nothing else.

      Note : I think Windows and MS need a lot of work, but other than the security holes Windows is a good idiot's use OS. Which is what it was designed for. MS just needs to swallow it's pride and totally rewrite everything in a more secure and modern way rather than painting over the cracks. So no, I'm not anti MS.

      --
      I like muppets.
    5. Re:The Harrison Bergeron Principle by Anonymous Coward · · Score: 0

      In actuality, Microsoft has helped to promote Free and Open Source Software Well that's gotta be one of the most idiotic things I've ever heard. Microsoft has helped to promote Free and Open Source Software like the KKK has helped to promote civil rights and equality.

    6. Re:The Harrison Bergeron Principle by LordVader717 · · Score: 1

      Meh. Back in 1995 you could pay 250$ to encode mp3's. When DVD drives became available, you hat to buy DVD playing software to watch them.

      Technology advances with time, and simpler things become cheaper and many don't expect to have to pay anything for some basic things.

      The more competition there is, the better the pricing. Maybe MS did push the browser market a little, but i find it completely incomprehendable that people pay 500$ for Microsoft Office.

    7. Re:The Harrison Bergeron Principle by just_forget_it · · Score: 1

      Did you even read what I posted? Basically Microsoft INADVERTENTLY helped FOSS because killing Netscape gave rise to Firefox, the browser that 10% of us use and love. If it weren't for Microsoft, there would be no firefox. Firefox is Free and Open Source, therefore Microsoft's actions gave rise to a popular FOSS application.

  105. In related news by Leffe · · Score: 0, Offtopic

    US Government announces Operation Europe Freedom which will liberate the country of Europe led by an evil terrorist regime.

    1. Re:In related news by miffo.swe · · Score: 1

      That excuse is already taken twice, this time they will have to come up with a better lie.

      --
      HTTP/1.1 400
  106. Re:good for the EU by tehcyder · · Score: 0, Offtopic

    But Italy were excellent against Germany...by far the best game of this World Cup I have seen.
    Drifting even further off-topic, vive la France! As an Englishman I want to see you (sportingly) destroy the Portugese.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  107. gosh, where would I find documentation on Linux by shis-ka-bob · · Score: 0, Offtopic

    Hey, up in the sky, its a bird, its a plane, its Tim O'Reilly!

    --
    Think global, act loco
  108. Re:so? - the other EU competition minister power by dyfet · · Score: 1
    What's wrong with forcing non-compliant businesses from operating?

    The EU competition minister, in addition to imposing fines, also has the power to void contracts. Normally this is used in specific cases, like for example, if airbus made an illegal deal to undercut some other vendor, their contract could be voided. It would be interesting to speculate how that power could be applied on behalf of a market as a whole. The logical application would be to void the Microsoft EULA europe-wide, since it is essentially a contract of unfair barganing. This would answer the question, first, on how one could punish Microsoft by removing it's ability to operate in the market, and secondly, how to do so without disrupting current users. Given the potential powers granted to the EU competition minister, perhaps they should be thankful they are only being fined.

  109. Here's how... by Anonymous Coward · · Score: 0

    How exactly do you shut down or prohibit a company from operating when they have that type of a market share?

    You simply go out and round up all the most senior highest-level employees of the company who happen to be physically present in your country at the time, and throw them all in jail charging them with criminal conspiracy since they are de-facto representatives of a corporation which is continuously commiting the offenses. Do not release them, or even blink, until the offending corporation's feet are held to the fire and justice is served to fruition.

  110. +1 Ironic by _KiTA_ · · Score: 1

    And I believe this link may be of some use to me!

    (In my defense, coffee is stil 2~5 minutes away.)

  111. This reminds me of a story by bberens · · Score: 1

    In Kentucky a few years ago it was time for the state police forces to replace their side-arms. They tested several models and chose some model of glock (I'm not a gun person, I dunno). At the same time, some government fancy pants worked out a deal with Smith and Wesson for a 7 year contract for S&W firearms. 1,000 of the guns were purchased. The first set were handed out to the SWAT and other special forces for testing. Their report was VERY poor. The guns were totally inaccurate. Anyways, to make a short story long several of the officers wrote the state legislature. When S&W refused to let them out of the contract the state legislature drew up a bill to not allow any law enforcement officer in the state to ever carry a S&W firearm. Three days later S&W withdrew the contract and now all the officers carry the glocks. What's the point of this long stupid story? Don't discount the power of the government, even local government, to throw around very big weight in order to get the right thing done. They really just need one person who's up for election to get on a soap box. [I am not affiliated with any gun manufacturing companies]

    --
    Check out my lame java blog at www.javachopshop.com
  112. Re:good for the EU by Darby · · Score: 2, Insightful


    If you think a goverment is anything more than a corporation with guns, you're fooling yourself.


    All the more reason to keep the corps and the gov against each other since when gang up together against us it's the worst of both worlds.

  113. Car Analogy by Anonymous Coward · · Score: 0

    So why doesn't the EU (or the US DoJ) fine Honda because VW parts won't work in their vehicles?

    This is such total bullshit. They are arbitrary taxes, pure and simple, why not call it that.

    1. Re:Car Analogy by WhiteWolf666 · · Score: 1

      Because Honda and VW aren't monopolists. It's really that simple.

      Monopolists don't play by the same rules as everyone else. Monopolists have to play by much stricter rules. Especially Monopolists that acheived their status through government regulations and government subsidies.

      What's that? You want me to point at the government grants that allowed Microsoft to become a monopoly?

      No problem. Here you go.

      Let me remind you what copyright is. Copyright is a government grant on the monopoly distribution of an intellectual work. The Constitution established the Congress's ability to issue copyright in order to promote the Arts and Sciences. Copyright is an economic tool; not an inalienable right.

      Are VW parts, or Honda parts copyright by their creator companies? Last I checked you could go to an autoparts store and by replacements parts from a variety of vendors. The interfaces and connections between various vehicular parts are well documented, if not standard.

      The government granted MS a copyright. MS took this copyright, and established a monopoly in the OS market. They then used this monopoly to harm the market, and as such, are subjected to government regulation that their competitors are not. That's the long and the short of the matter.

      Irrelevant comparisons to other companies has nothing to do with this.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    2. Re:Car Analogy by Anonymous Coward · · Score: 0

      Copyright is a protection provided for in the US Constitution and is automatically conferred the moment a work is created. A registered copyright is really nothing more than an acknowledgement from the government stating that a work is in fact yours to protect. In court, the registration documents serve as undeniable proof (in theory at least) that you own the work. You do not have to register a work to obtain a copyright. However, if a work is registered and somebody infringes upon that copyright, you are allowed to sue the infringer for monies made from your work, as well as punitive damages, attorney fees, and any other expenses you incurred to bring the suit, where as the holder of an unregistered copyright can only sue the infringer for the amount of money made, and has to prove that the work is his.

      For example:
      I see that you have a blog, whether you realize it or not, everything you write on your blog is a work created by you, and as such comes under copyright protection. If somebody copies and publishes any part of it, without your express permission, then you have the right to sue for copyright infringement. Of course being unregistered, you would have to decide if it was worth the time and expense of going to court over, especially if the offender has made no nothing from it.

  114. Are you really that stupid, or are you trolling? by schon · · Score: 3, Informative

    I can run a mixed Windows and Linux system in either a flat TCP/IP network or a Microsoft style Active Directory. I can even use a Linux box as the DC. How exactly does that not mean "interoperability"?

    Because MS does everything in its' power to make it not interoperate.

    because offering a peek at the goddamned source code didn't go far enough, right?

    No, it didn't. Not when the "peek" meant that you can't actually fscking use anything you might learn from it. If the "offer" didn't include a draconian NDA, then it might have come close.

    What great MS spin you have there. You must work for the justice department.

  115. pardon me... by stewie's+deuce · · Score: 0, Flamebait

    ... but f**k the EU. Its not that i'm a big fan of MS, but when foriegners(sp?) start doodling with American companies, it kinda upsets me. Not to mention, I'm sick and tired of Europe telling us how much our prez sucks, our culture sucks, etc.. etc.. etc.. Although the majority of applications written today is for Windows, many people can get away with using Mac or Linux. Both are very usable, its not like Windows is the only player in town, like it use to be. Thank you.

    1. Re:pardon me... by WhiteWolf666 · · Score: 2, Insightful

      Disclaimer: I'm an American.

      You're the kind of idiot that makes us look bad.

      You want to sell products in Europe? Play by Europes rules.
      You want to sell products in China? Play by Chinese rules.

      Tell me, how do you feel about it the other way around? Do you think BMW should be "forced" to abide by American safety standards on its cars?
      Do you think the Airbus should be "forced" to pay attention to the FAA when building its planes?
      Do you think that French wine manufacturers should be "forced" to agree to FDA labelling requirements?

      What about the U.S. "winning" the battle against European subsidies for Airbus. Sounds like 'foreigners' doodling with a European company.

      What's good for the goose is good for the gander. If you're going to play on the world market, expect to following the rules of other jurisidictions. Otherwise, pull your products out.

      MS doesn't have to pay the EC. They could simply withdraw from Europe, and totally ignore the EU's rules & fines & taxes. It's no one's fault but Microsoft.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    2. Re:pardon me... by stewie's+deuce · · Score: 1

      well.. i doubt i'm an idiot, first.. and secondly, you can't possibly be serious about comparing auto safty and governing how MS does business. Just a little 101 for you. Auto safty laws are there to prevent serious injury or death to human beings. ok? How MS sells its products causes ZERO physical harm to anybody. EU wants to punish MS to gain financially. You can't convince me otherwise. Its legal extortion.

      and your "It's no one's fault but Microsoft"... what?!?!?! how's that?? If lawmakers passed legislation to tax hippies at a higher rate, would that be the fault of the hippies or the lawmakers???

    3. Re:pardon me... by Anonymous Coward · · Score: 0

      well.. i doubt i'm an idiot, first..

      I hate to break it to you, Sparky, but your doubts are misplaced.
      You demonstrated your idiocy quite clearly and for all to see with that idiotic posting.

      Whaaaa Whaaaaa The EU is dealing with a criminal *multinational* company but since they're also in the US I'm going to be a retarded fanboy and act like they're picking on me whaaaa whaaaa.

      See, when you come across like that you look like an idiot. MS does not need ignorant little douchebags like you to defend them, they have billions in ill gotten gains to do that for them.

      As far as Euros slagging Bush, well, Sparky, most Americans have now recognized him for the sociopathic traitor that he is by now. How much of an idiot are you that basic reality is beyond your understanding.

      You can't convince me otherwise.

      Yes, we know. No amount of facts will do that. That's why you're part of the problem and why you're an idiot.

      Idiot.

    4. Re:pardon me... by stewie's+deuce · · Score: 1

      Wow.. what wonderful drivel. Your an angry hippie, and I can understand that. When making a point, you really should not litter your verbage with "douchebags", "retarded fanboy", "idiot", and so on.. Nobody's going to take your point seriously, anonymous or not.

      Your message is just full of anger, hate and intolerance. I have a differing opinion, and your not ok with that. You resort to name calling. How little of you. -Sparky

    5. Re:pardon me... by Anonymous Coward · · Score: 0

      Dude, he's right. You're the kind of idiot the rest of the world wrongfully mistakes as an average american. Thank God there are Americans who do not think in this manner... Continue posting this fanboyish drivel though, it is quite amusing...

    6. Re:pardon me... by Anonymous Coward · · Score: 0

      Your message is just full of anger, hate and intolerance. I have a differing opinion, and your not ok with that.

      There's anger, certainly as is perfectly reasonable given that your militant deathgrip on ignorance is having real negative effects. There is nothing which has any relation to either hate or intolerance. I'm perfectly fine with people having differing opinions (you need to look to your side to find that in spades). The fact is that the nonsense you're spewing is wrong. Absolutely wrong. Were it a matter of opinion, then it would be a totally different situation. You either know nothing about the topic under discussion or know full well that you are wrong and you're pushing a negative agenda. Either way, you have clearly demonstrated yourself to be an idiot. Don't blame me for that, Sparky. Try for once in your life to stand up, be a man and take personal responsibility for your actions and quit trying to blame everybody else for your own idiocy. Seriously, dude. You could work to improve your delusional worldview, but it would take actual effort on your part to join the ranks of informed citizens. It is easier to just spout off moronic tripe you've heard without ever actually thinking about, but when you do so and then are called on it, have the integrity to accept the blame for it yourself rather than pretending it's everybody else's fault.

  116. Re:Well great by Anonymous Coward · · Score: 0

    Pro-MS shilling has long been a Slashdot staple. What's weird is how here many still don't see it and think of this place as 'the bastion of fervent Linux zealots'. (It would be no surprise to see a bot auto-mod this up based on that last phrase alone.)

  117. Because it's been MS's choice to ignore it so long by Moraelin · · Score: 1

    Let me tell you a fable.

    Let's say that one day I come to work and decide to park my car right under a "no parking" sign. Hey, it beats walking all the way from the parking ground, and surely I'm so big and important that such laws and city ordinances don't apply to me. So a cop comes around and writes me a parking ticket. Let's say (as a number pulled out of the butt) for 25$. So I ignore it and park my car in the same place tomorrow. So I get the same fine tomorrow. And ignore it again the next day.

    So after almost two years I look at the total bill and go "whaaa? A whole 14,000$ for just parking my car??? It's so wrong and unjust! I'm being victimized by the police!"

    I'm sure then you'd say, "well then you should have fucking stopped doing that earlier. If for a whole 19 months you decided to ignore the fine, it's _your_ fault that it added up to such a large sum."

    The same applies to MS. It's been given a daily fine for each day when they don't comply with the court's order. And they continued to ignore the court's order for 19 months straight. So now it's added up to 1.4 billion dollars.

    Well I say the same thing: "then they should have fucking stopped doing it earlier."

    It's that simple. It's not some number that was pulled out of the hat now. It's been the daily fine that MS knew about all along. If MS chose to ignore it for so long, tough shit, but it's their problem then.

    Heck, in this case the EU had been kinder than even the cop in my example. MS only had to comply at any point in the last 19 months, to be forgiven of the whole fine retroactively. Imagine a cop giving you the same deal: "dude, if you stop parking your car there, I'm going to forgive you of the whole last year's worth of parking tickets." Because seriously that's the deal that MS was given.

    So excuse me if I don't see it as disproportionate or anything. They could have stopped at any time, if the total sum was getting too high for their taste.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  118. USA didn't know what "rest of the world" meant... by Anonymous Coward · · Score: 0

    "American" companies? I guess all those offices MS has in Europe (and likely everywhere else but Antartica) doesn't qualify it as an European company. Or more accurately, an international business. Except for tiny mom&pop outfits, there's no such thing as a $COUNTRY business anymore.

    They want to do business in the EU, they play by the EU's rules. MS doesn't have some inalienable right to do what they please.

  119. Re:One Word! by dasunst3r · · Score: 1

    Better hope they take Visa... rake in those frequent flyer miles!

  120. Re:The Microsfot Apocalypse by Red+Moose · · Score: 1

    That's cool, like The Linux Apocalypse. No sign of Transmeta anymore though :)

    --

    Acting stupid isn't much fun when there's someone around who knows better

  121. What if MS doesn't pay? by Nikademus · · Score: 1

    I will probably modded down as troll with this, but..

    Now let me be Microsoft. Ok, I have to pay $1.5billion or so + daily fines.
    Right. Now what does the EU if I don't pay and don't comply?
    More than probably nothing but more fines which I don't see why I would pay...

    Honestly, the only way to make them comply is to declare MS illegal and make illegal the use of their products and fine people who still use it. But I don't think that's possible either.

    --
    I gave up with the idea of an useful sig...
    1. Re:What if MS doesn't pay? by Anonymous Coward · · Score: 0

      There are more drastic measures the EU can take, instead of outlawing microsoft. But think about this: The EU simply threatens to outlaw MS products within a time frame if MS does not comply. The risk in investing in Microsoft Software then, would be enough for PHB's to jump ship... Game Over

  122. Payment for software patents? by Anonymous Coward · · Score: 0

    Personally, I'd rather NOT see microsoft fined, but their copyright and patent monopoly privileges revoked. It's simply absurd to punish them for having a monopoly while handing them monopolies on a plate. This just seems like the EU commission saying "we'll give you software patents, if you pay us XYZ".

    Just because some propagandists (including the EU commission) call patent and copyright monopolies intellectual "property" doesn't make them worthy of defence.

  123. Legality Vs. Morality by Petersko · · Score: 1

    "Why should a corporation as a whole be held to a lesser moral standard than an individual is?"

    Because legality is not morality. You cannot hold a corporation to a moral standard any more than you can hold a person to one. Morality varies from person to person, country to country. Legality is defined rather more specifically. So specifically, in fact, that it takes lawyers, judges and a massive system to interpret it.

    We don't hold companies to morals. And we shouldn't. A judge might be able to tell me what's illegal, but I'll be damned if I'll let one tell me what's wrong.

  124. Microsoft Patents by garyozzy · · Score: 1

    What are you talking about? You can't find Microsoft! They've patented all their code!

    see?

    http://www.theonion.com/content/node/29130?issue=4 227&special=1998

  125. ouch by Intangion · · Score: 1

    i hate windows but even i think the way MS is being treated over there is unfair

    i mean.. wtf? they bunded a media player with their windows WOOPTY DAMN DOO...
    how many billions of dollars should they have to pay out for giving you free software with their commercial software..

    microsoft has done plenty of other shady things that they got away with, for them to be getting skewered and raked over the coals for something that ISNT WRONG is pretty stupid..

    1. Re:ouch by Emetophobe · · Score: 1
      i mean.. wtf? they bunded a media player with their windows WOOPTY DAMN DOO...
      This has nothing to do with windows media player, maybe you should read the article this time..
  126. Usable By Whom? by Petersko · · Score: 1

    Near as I can figure the gist of the EU's complaint is that they can't take a monkey who can slap away at a typewriter and train him to work with network protocols using the Microsoft-provided documentation.

    Microsoft has maintained the position that the documentation provided is sufficient if the reader is already familiar with general OS and network design principles. Is that really an unreasonable assumption?

    Clearly that documentation IS usable - Microsoft has used it successfully for many years, through many generations of coders. The EU didn't "like" what they got - and made that decision within days of receiving an huge shipment of documentation. How could they evaluate it so quickly? Frankly, there's no way. I don't defend Microsoft as a rule - I leave zealotry for those with more time on their hands - but I still say that in this case the EU's position is a load of horse crap.

    1. Re:Usable By Whom? by Anonymous Coward · · Score: 0

      Microsoft picked an independent expert to review their submitted documentation for the EU. Microsoft's own hand-picked expert stated the documentation was completely unusable and basically gibberish. It does not get much worse when your own expert states your documentation is crap.

  127. ask yourself by Anonymous Coward · · Score: 0

    is it really easier for competitors to write applications that interface with misrosoft software than it is for microsoft to document how to interface with its own software?

    there is no conspiracy. get over it.

  128. Microsoft Trade Secrets by peterfa · · Score: 1

    Microsoft has been suspected of using illegal practices a long time ago. In the early days of Windows 1.0, Windows would crash on Dr. DOS and not on M$ DOS. People stopped using Dr. DOS. It is suspected that Microsoft wrote code into Windows to crash on Dr. DOS.

    Then comes Netscape with their Navigator. I was a boy at the time and I was wondering which was better, Navigator or Explorer. My dad insisted on Navigator, which I didn't mind. Eventually, Navigator crashed when I used it and so I switched to Explorer and found it not so crashy. I hear the same thing with SAMBA and other such projects. Microsoft is also suspected of having secret interfaces in their Windows operating system so that Office runs better than other products.

    Microsoft may be trying hard to hide this information. If they are forced to document their protocols, it may become obvious that the eccentricies found in the protocols, and maybe interfaces, are anti-competitive. Everyone will sue Microsoft, and there maybe supeneas (sp?) for experts to review Windows code for evidence. This could get very nasty for Microsoft as they will be forced to pay out to oblivion.

  129. The numbers for those who want to know... by Anonymous Coward · · Score: 0

    If the Dec 15th was just last year, as of right now Microsoft's fine would be $507,020,000.00

    Now if it was for Dec 15th, 2004, that's another story. Try $1,423,170,000.00

  130. Re:good for the EU by Millenniumman · · Score: 1

    You forgot that a corporation can't use force to get you to do something, and that they compete, and that you are free to associate with a corporation or not.

    --
    Stupidity is like nuclear power, it can be used for good or evil. And you don't want to get any on you.
  131. What you really mean... by shotfeel · · Score: 1

    So what you're saying is a joint ESA/NASA project is doomed to failure.

    We have enough trouble with the footmeter problem. Allowing NASA to calculate how many liters of fuel are needed to send a probe a billion miles could be a real problem.

    Just out of curiousity, is the same true goint the other direction (milli-, micro-, nano-...)?

  132. Why? by Anonymous Coward · · Score: 0

    All MS has to do is remove their money from EU banks, sell off their EU assets, and write into the Windows/Office/etc TOS that you cannot run the software anywhere in Europe. The European economy will take a MAJOR hit. Civilians will be pissed because they can't use their computers with their favorite programs. The current EU market for software will disentegrate. Given enough time, it will rebuild itself, but the fact of the matter is, Bill Gates > EU.

    Nobody can tell me what to do with my own product. If I don't feel like documenting my source, I'm not going to. If you want to use my product, you'll have to deal with that, or find another product.

  133. Re:good for the EU by Chmcginn · · Score: 1
    and that they compete, and that you are free to associate with a corporation or not.

    Admittedly, it depends on the country, but there is such a thing as immigration...

    --
    Have you been touched by his noodly appendage?
  134. FAQ Regarding Microsoft Protocol License Agreement by LamboAlpha · · Score: 1

    And I quote...

    Q: Why can't I distribute my implementation in source code form? And why does Microsoft care about "other licenses?"
    A: The specifications used to create your protocol implementations are confidential and, along with the source code of those implementations, include Microsoft trade secrets. However, because other MCPP licensees have agreed to MCPP license terms (including distribution and confidentiality provisions), you can distribute the source code of your implementation to them. The license agreement also permits you to allow others to view the source code of your implementations on-site at your place of business for evaluation purposes, under suitable non-disclosure agreements.

    In addition to not disclosing your source code directly (other than as just described), you also need to make sure not to subject your implementation to any other licenses that would require such source code disclosure. For example, under certain circumstances, other licenses may require your implementation to be disclosed in source code form when you distribute your implementation with other technology that is already subject to that other license. In short, you can't subject your authorized implementations to any license that requires you do things that are contrary to the scope of your license and your obligations under the license agreement.

    http://members.microsoft.com/consent/info/Licenseo verview.aspx

  135. Re:so? or karma gonna getcha MSFT by WillAffleckUW · · Score: 1

    It doesn't really mean all that much. Microsoft will do some kind of wheeling and dealing efforts to 1) lower the fine and 2) establish an even stronger marketshare in the EU

    Except the EU is notorious for not caring about wheeling or dealing and thus not lowering the fine and not enabling MSFT to increase marketshare.

    We tried to warn them, but they just don't grok that the EU is not the US.

    --
    -- Tigger warning: This post may contain tiggers! --
  136. Re:good for the EU by petermgreen · · Score: 1

    You forgot that a corporation can't use force to get you to do something
    the only reason they can't in modern western society (they do in some others) is that the goverments won't let them.

    --
    note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  137. how ... by midgley · · Score: 1

    you cease to enforce their copyright. (Which they regard as "property rights", but isn't.)

  138. EU's vs. USA's Free Trade Agreements by testerus · · Score: 1

    Well, Wikipedia lists more free trade aggreements:
    EU Agreements with third states with FTA provisions: Algeria, Croatia, Republic of Macedonia (FYROM), Mexico, Chile, South Africa, Faroe Islands, Switzerland, Morocco, Tunisia, Egypt, Jordan, Lebanon, Israel, Palestinian Authority, Bulgaria, Romania, Albania, Andorra, San Marino, Turkey

    I have yet to find a list of US Agreements with third states with FTA provisions.

  139. Microsoft = The New Kyoto by Geosota · · Score: 0, Flamebait

    Europeans have an enduring/mind-altering lust to tax Americans. They have so over-taxed their own capital-base that it resembles a 2CV with a Bentley's options. Thus their quest to tax Americans. But how? Kyoto looked good. They cut themselves out of the tax by dating CO2 emissions to 1994, just before East Germany's old industries collapsed and some coal-fired English power-plants were closed. They let the rest of the world off the hook by calling it "developing". The entire Kyoto tax was meant for the United States. Call George Bush what you will, he put his chin on the line with this and Kyoto is l'histoire. Now the Europeans are at it again. $2.5 mil does not sound so big, except it is per day, back-dated to 2004. Their inability to find more to tax in Europe - ever gas a car there? - inevitably leads them to want to tax US. We need to tell them to get a life.

  140. So What! by agricolae · · Score: 0

    Regardless of the EU's decision, M$ will still roll on, doing whatever it pleases. This observation is based upon past events.

    2.4 million per day retroactive to Dec 2004 is nothing to M$. This is merely a "cost of doing business" to their accountants. Having a legion of the finest legal swindlers on retainer can have M$ resting and sleeping the sleep of the unaffected.

    All this will do is cause M$ to change some minor clauses which are ineffective in the overall and it will continue to steamroll its happy way through whatever

    Now, if the EU were to strictly forbid M$ software to be used on the client machines, then there may be some reaction. More bribes; more bribes and more bribes. This is the way of current politics. Hell, this has always been the way of politics.

    Can one trust a politician? The answer is obvious by the current ranking on the food-chain list - "0". How come this ranking is a constant all the way back to biblical and pre-biblical days?

    The only thing that is consistent and reliable about politicains is their inherent susestibility and acceptance of the infuse of large amounts of lucre.

    This will blow over after all parties have been given their condos, Swiss bank accounts and high-priced whores.

    Then, there will be a resurgence by the next generation of self-gratifying, supposed do-gooders and the cycle will merely repeat itself.

    Sorry for expressing this cynical view, but it really does seem to be a fact of Life. One cannot spank M$ and expect decent results.

    Au contraire, M$ is so huge and powerful that it can dictate its own terms

    Go Penguin, go!

    --
    Giving money and power to government is like giving whisky and car keys to teenage boys.
  141. Like hell they will... by demon_2k · · Score: 1

    Why not give it to Oracle?

    You are forgetting that we are talking about politicians.
    That money us not going anywhere!
    They would rather spend it on more confortable chairs and new cars.
    Most of it will go into administrational costs...