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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."

129 of 692 comments (clear)

  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 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....
    10. 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).

    11. 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
    12. 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.
    13. 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 ?

    14. 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...
    15. 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.
    16. 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
    17. 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.

    18. 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.

    19. 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."
    20. 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"
    21. 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"
    22. 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.

    23. 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
    24. 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.
    25. 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.

    26. 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.

    27. 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.

    28. 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*
    29. 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?

    30. 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
    31. 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.

    32. 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.

    33. 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!
    34. 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?

    35. 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.

    36. 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.

    37. 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.

    38. 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.

    39. 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...
    40. 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
    41. 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
    42. 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)
    43. 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.

    44. 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?
    45. 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.
    46. 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?
    47. 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.
    48. 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.
    49. 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/
    50. 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.
    51. 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.
  2. 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 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....
    2. 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.

    3. 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

    4. 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.

    5. 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.
    6. 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.
  3. 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.

  4. 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.

  5. 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....
  6. darn by TheKeeper · · Score: 4, Funny

    hmm, ~1.4 billion...
    guess bill can only buy 2 small countrys this year,

  7. 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 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.

    4. 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.

    5. 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.

    6. 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.
    7. 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.
    8. 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.

  8. 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.
  9. 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.

  10. What is an off the record fine? by Anonymous Coward · · Score: 3, Interesting

    Is that like double secret probation?

  11. 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
  12. 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?

  13. 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 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

    3. 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.

    4. 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

  14. 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

  15. 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 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."
    2. 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.

  16. Comment removed by account_deleted · · Score: 5, Informative

    Comment removed based on user account deletion

  17. 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
  18. 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.

  19. 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.
  20. 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.

  21. 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..
  22. 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.

  23. 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.

  24. 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]

  25. 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. >:(

  26. Back to the old calculator... by Create+an+Account · · Score: 2, Insightful

    The fine is backdated to Dec 15 2004.

  27. 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
  28. 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.
  29. 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

  30. WGA? by MrTrick · · Score: 2, Funny

    ...at least you hope that's still the case.

    1. 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.
    2. 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.

  31. 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.

  32. 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.
  33. 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"!
  34. 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 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.
  35. 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.
  36. 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.
  37. 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.

  38. 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.

  39. 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...
  40. 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.

  41. 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.

  42. 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
  43. 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.

  44. 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
  45. 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.

  46. 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
  47. 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 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.

  48. 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.

  49. 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.

  50. 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.

  51. 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