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Microsoft Attacks Google on Copyright

The Microsoft Corporation has prepared a blistering attack on rival Google, arguing that the Web search leader takes a cavalier approach to copyright protection. The attack, such as it were, came from Microsoft's Associate General Counsel who was giving a speech to the Association of American Publishers...who have a copyright lawsuit against Google for the last sixteen months. So, an audience ready to hear about how Bad Google is.

188 comments

  1. Oh boy. by Sneakernets · · Score: 4, Funny

    Let the chairs fly!

    --
    "No freeman shall ever be debarred the use of arms." -- Thomas Jefferson
    1. Re:Oh boy. by Ngarrang · · Score: 2, Insightful

      Yes, divert the attention on to someone else while your own search engine is just as guilty. The FUD is really flying today.

      --
      Bearded Dragon
    2. Re:Oh boy. by Anonymous Coward · · Score: 0, Funny

      Yeah because Google branded evil is so much better than Microsoft branded evil.

    3. Re:Oh boy. by Gerzel · · Score: 2, Insightful

      It is better because it doesn't have the same monopolistic bulk that MS branded evil does. Google may have a monopoly of sorts in the search engine business but it isn't nearly of a scale of domination that MS has for operating systems.

    4. Re:Oh boy. by cmacb · · Score: 1

      They are "live" now. Still a bit rough around the edges, but getting there.

    5. Re:Oh boy. by asleep79 · · Score: 1

      Microsoft is just scared and looking for something to detract attention from the pitiful excuse for an operating system it just released. Microsoft hasn't done anything more than copy what everyone else is doing for a decade or more and they're scared that Google (who is actually innovative) will take over their market. I for one wish Google would come out with an Operating System so I could ditch Microsoft forever. The only other option is a Mac and with such a hefty pricetag I can't justify the switch regardless of how much I would really like to. C'mon Google ... you can beat MS!

      --
      -asleep
    6. Re:Oh boy. by Uknowwhoibe · · Score: 1

      Yes, I know they are live, but they aren't quite in "full swing" yet. I hope to fully replace MS cOughice with Google.

    7. Re:Oh boy. by Achromatic1978 · · Score: 1

      Huh? Show me where Live search is fully indexing print books and offering them up as search results? You know, the whole point of the damn lawsuit referred to in TFS, let alone TFA?

    8. Re:Oh boy. by Anonymous Coward · · Score: 0

      Evil is Evil. Just because you feel they arent evil sometimes (in a field totally unrelated to the article) makes no difference.

    9. Re:Oh boy. by Ngarrang · · Score: 1

      Huh? Show me where Live search is fully indexing print books and offering them up as search results? You know, the whole point of the damn lawsuit referred to in TFS, let alone TFA? Live Search may not do it RIGHT NOW. But how long until it does? Honestly, if Google can provide me this list of features, but Live Search only offers half of the features (translating into fewer search hits), why should I ever consider using Live Search?
      --
      Bearded Dragon
    10. Re:Oh boy. by pak9rabid · · Score: 2, Insightful

      This is the beginning of a series of lawsuits we will be seeing from The Beast as they slowly but surely die. It will be a painful death not only for Microsoft, but as well as everyone around them. Hang on, it's going to be a wild ride...

    11. Re:Oh boy. by Achromatic1978 · · Score: 1

      That's fantastic... "they don't, but they could!" Is that really the basis of your argument?

    12. Re:Oh boy. by zippthorne · · Score: 1

      Explain how they are not leveraging their monopoly position in the search engine business to unfairly compete in the word processing & spreadsheet business? They are GIVING AWAY their product FOR FREE. In other industries, this would be called "Dumping."

      --
      Can you be Even More Awesome?!
    13. Re:Oh boy. by Ngarrang · · Score: 1

      That's fantastic... "they don't, but they could!" Is that really the basis of your argument? Given Micro$oft's past, it is not a matter of "could", but "will". A year now, just wait, they are going to trumpet the new Live Academic Search! Now you can search academic papers from thousands of colleges! This innovation brought to you by Micro$oft. A person does not even have to be a Micro$oft hater to understand this, it is merely an observation of repeated behavior that /. has noted on millions of occasions.
      --
      Bearded Dragon
    14. Re:Oh boy. by timeOday · · Score: 1

      You're right, but after watching Microsoft dish it out for the last 20 years we can't help loving every minute of it. Karma, thy name is google.

    15. Re:Oh boy. by lanc · · Score: 1


      and here we go again.

      --
      "First they ignore you, then they laugh at you, then they attack you, then you win." -- Mahatma Gandhi
    16. Re:Oh boy. by zippthorne · · Score: 1

      That's completely orthogonal to the question of dumping. Google Docs doesn't have advertising.

      --
      Can you be Even More Awesome?!
    17. Re:Oh boy. by Benaiah · · Score: 1

      since when is google evil?

      And the last I checked switching search engines isn't very hard at all.

    18. Re:Oh boy. by lanc · · Score: 1


      do you think so? let me try to inspire :)

      --
      "First they ignore you, then they laugh at you, then they attack you, then you win." -- Mahatma Gandhi
  2. Microsoft's half finished sentence. by pallmall1 · · Score: 5, Funny
    From TFA:

    Microsoft, he said, asks the copyrights owner for permission first...
    They should have added:

    ...unless it's software.
    --
    3 things about computers: they're alive, they're self-aware, and they hate your guts.
    1. Re:Microsoft's half finished sentence. by Austerity+Empowers · · Score: 2, Funny

      Microsoft asks the copyright owner for a business arrangement in which both parties can get rich at the expense of the consumer. That is somehow less evil because I used the "business" word.

    2. Re:Microsoft's half finished sentence. by j00r0m4nc3r · · Score: 3, Funny

      asks the copyrights owner for permission

      They ask permission like the mafia asks permission.

    3. Re:Microsoft's half finished sentence. by Grinin · · Score: 1

      I was about to say the exact same thing... luckily I knew it wouldn't be original, so I decided to just agree with you on this one... followed by lots and lots of laughter.

      HAHAHhahahAHAHahaAHAHahhaHAHA!!!

      "Microsoft, he said, asks the copyright's owner for permission first.." -- That cracks me up

    4. Re:Microsoft's half finished sentence. by Technician · · Score: 1

      Microsoft, he said, asks the copyrights owner for permission first...

      On a more serious note, I thing Microsoft is upset because Google got all that content making it useless to Microsoft who wants to buy exclusive distribution right to it. How can you sell a monopoly product when the competition gives it away for free?

      --
      The truth shall set you free!
    5. Re:Microsoft's half finished sentence. by CarpetShark · · Score: 1

      ...unless it's software.

      Or an industry standard.

    6. Re:Microsoft's half finished sentence. by Achromatic1978 · · Score: 1
      Of course, given that the lawsuits are not completed/settled yet, and despite the Slashdot lawyer brigade being determined to believe Google will be found in the right, either due to correct interpretation of law, or because "They're Google, they don't want to be evil!", it is far from clear that they will get off scott-free, or at all.

      So MS can be upset... buying rights (and compensating people for their work) is far 'neater' than wandering down to a library, photocopying it wholesale, and proceeding to profit off the results.

    7. Re:Microsoft's half finished sentence. by fymidos · · Score: 1

      A lot of time has passed, since a microsoft partner "got rich"... nowadays they just get some discount when they are buying office.

      --
      Washington bullets will simply be known as the "Bulle
    8. Re:Microsoft's half finished sentence. by Anonymous Coward · · Score: 0

      or a Zune, assuming the music is licensed under Creative Commons and you're (gasp!) trying to use the much-touted wireless sharing.

    9. Re:Microsoft's half finished sentence. by Anonymous Coward · · Score: 0

      Ask that to those unfortunate guys whose BSD and public domain software got nabbed by microsoft and copied+converted into proprietory software..

  3. mmm... by rbochan · · Score: 4, Insightful

    mmm... glass houses...

    --
    ...Rob
    The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
    1. Re:mmm... by Fission86 · · Score: 1

      except in this case the saying is "don't throw chairs in a glass house"

      --
      Coming to you live from another dimension.
  4. Who's more evil? by truthsearch · · Score: 4, Insightful

    And Microsoft takes a "cavalier approach" to their users, to privacy, to the free market... so who's more evil?

    If Google really didn't care they could do far far worse to abuse copyright than anything they've done so far. Microsoft is just placating an audience.

    1. Re:Who's more evil? by iceperson · · Score: 1

      So what you're saying is "As long as you can point to something/someone that's "more" evil then you're alright by me."

    2. Re:Who's more evil? by truthsearch · · Score: 1

      Nope, I'm saying the pot is calling the kettle black. Microsoft lives in a glass house. Or some such saying.

    3. Re:Who's more evil? by ady1 · · Score: 1

      Harming other corporations != Evil. Harming end user == evil. Seriously this is lame (not for Microsoft though). Shows how desperate they are getting to hurt Google in any way they can.

    4. Re:Who's more evil? by heinousjay · · Score: 1

      Why are the people who make up a corporation somehow less worthy in your eyes than other people? Where is the line drawn in your particular double standard? Is it based on something as mundane as net worth or income, or do you have a more complicated set of criteria?

      --
      Slashdot - where whining about luck is the new way to make the world you want.
  5. Yeah... by Moggyboy · · Score: 5, Funny

    Microsoft guy: "And... and... stop creating tools that people actually find USEFUL and giving them out for FREE, goddamnit! And... and... ummm... Google is a stupid name... and... ummm..."

    --
    Work smarter, not harder.
    1. Re:Yeah... by UnknowingFool · · Score: 1

      "And Google smells bad. And is on my side of the seat. And won't stop bothering me."

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  6. English? by adavies42 · · Score: 3, Insightful

    Is this submission even English? "The Microsoft Corporation", "The attack, such as it were", "who have a copyright lawsuit against Google for the last sixteen months"--none of these are right. And to top it off, it ends in a sentence fragment.

    --
    Media that can be recorded and distributed can be recorded and distributed.
    -kfg
    1. Re:English? by GiovanniZero · · Score: 1

      we try so hard edit the submissions but is not have time always to finish! as it were!1@!!@

      --
      Mod me up, mod me down, do your worst you modding clown.
    2. Re:English? by StarvingSE · · Score: 1

      It's called Engrish... I hear they will start certifying teachers in it throughout the San Fransisco Bay area...

      --
      I got nothin'
    3. Re:English? by Palshife · · Score: 1

      And to top it all off.

      --
      Attention deficit disorder is a complicated issue, spanning several major... HEY LET'S GO RIDE BIKES!
    4. Re:English? by adavies42 · · Score: 2, Interesting

      There's nothing wrong with initial "and". (I.e., YHBT, YHL, HAND.)

      --
      Media that can be recorded and distributed can be recorded and distributed.
      -kfg
    5. Re:English? by Anonymous Coward · · Score: 1, Funny

      The whooshing sound you're hearing is the sentence-fragment joke whizzing over your head. Don't worry, you'll catch the next one.

  7. such as it what? by kahei · · Score: 0, Troll

    'such as it were'?

    I hate to join the chorus of people complaining about the 'editors', but... unfortunately, it is getting pretty silly, isn't it? Would it be that hard to just get some reasonably literate person with a bit of spare time and have them edit stuff?

    --
    Whence? Hence. Whither? Thither.
  8. Yesterday, today, tomorrow by vivaoporto · · Score: 5, Interesting

    Yesterday: Microsoft watches with disdain while $company break through unknown waters
    Today: Microsoft attacks $company initiative as being illegal, immoral and bad for business in general
    Tomorrow: Microsoft try to embrace the very same business model of $company, only with a layer of DRM on top of it, and try to leverage it using the profits of the OS and Office division.

    Nothing different from all other endeavors from our good old Microsoft. Who didn't have it coming?

  9. Content is not the holy grail it's made out to be by MikeRT · · Score: 5, Insightful

    What people like this fail to understand is that content is just one part of the puzzle. Content is cheap; just look at the number of books that are rejected for publication every year. If every author who got rejected said "fuck it!" and published their content online, Google would be swamped with free books. Having published content is also not even a sign of quality per se, as it is a sign that there is a possible market for it.

    Google does create value, which is what the real issue here. Value is what matters in economic terms. They are increasing the value of the content that they index by making it more readily available to the public. If they are making money off of this without violating the exclusive right of copyright holders to control publication of their content (aside from fair use and mandatory licensing), then no one is being hurt, and no one is a leech. Being a leech implies that they are siphoning off value, a la file sharing, rather than clearly adding value by making the books more available and useful.

    I'm not much of a Google defender, but the reality is that they are not mooching here. Mooching implies parasitism, which clearly they are not guilty of.

  10. Oh boy. by Uknowwhoibe · · Score: 2, Interesting

    I am so excited that someone is finally taking MS on and not just competing with them, but afaik, coming up with a better product. I will be switching to Google's apps when they are live.

  11. Bad Google by ack154 · · Score: 2, Funny

    Just how is "Bad Google" these days? I haven't seen him in ages!

    What is with the capital B?!

    1. Re:Bad Google by imroy · · Score: 1

      The last time I saw him he had a pretty mean goatee.

    2. Re:Bad Google by Anonymous Coward · · Score: 0

      don't you mean goatse?

  12. As an author by tomstdenis · · Score: 5, Insightful

    of two books that have sold upwards of 2000 copies (yipee I suck!) I have to say, STFU Microsoft. The day my books came out they were on the torrent websites (thanks to my publisher releasing the book in ebook format the same day). Google archiving the book would have ZERO effect on my sales (which are low because nobody knows who I am, and I suck at teh English) and in effect may actually help them if key passages are searchable.

    If publishers want to stop piracy of texts, STOP RELEASING EBOOKS THE SAME DAY FOR CRYING OUT LOUD.

    Tom

    --
    Someday, I'll have a real sig.
    1. Re:As an author by novus+ordo · · Score: 2, Interesting

      Just out of curiosity, have any of those that downloaded the torrent bought either of your books? If somebody found some value in your work they would surely encourage($$) you to produce more. Especially if you're small-time when it's much harder. Maybe the bagel man analogy doesn't work on the Internet?

      --
      "You're everywhere. You're omnivorous."
    2. Re:As an author by tomstdenis · · Score: 2, Interesting

      Most people who would pirate my books are college bound students getting into cryptography (and mathematics). They're the people the books are aimed at since they're not very advanced texts (more pratical than theoretical).

      I don't know if people who torrented the books later bought copies. For me, I wasn't really that motivated by getting rich (or making more than a couple grand). I was more into getting the ideas out there. The first book, is actually available [legally] for free from the LibTomMath archive. Though the copy there is older than the printed copy. That being said, it would be validating that if all the people who read my books actually bought a copy I could then measure and say "cool, people read my book." Not that I expected to make a lot of sales. To be honest I thought both books would sell ~3K a piece then die out. As it stands right now I'm nowhere near that mark and it's been nearly a year for my first book and one quarter for the second.

      I think a combination of piracy and first time unknown authorism have contributed to the shitastic sales (more the latter than the former).

      To bring this back on point though, I don't think "leaking" a passage here or there would have a measurable impact on sales [see this for an idea]. I probably did lose a few hundred sales to torrents though, keeping in mind I only sold 46 math texts last quarter...

      Anyways, parting words, write to be read, not to make sales. You'll be more satisfied in the end.

      Tom

      --
      Someday, I'll have a real sig.
    3. Re:As an author by stubear · · Score: 1

      You are free to do with your intellectual property as you see fit. Others get to make these same choices for themselves with their intellectual property. It is not for the mob to decide how one is allowed to exercise their rights. When will slashbots get this through their puny little brains? You are free to create and release to the public he fruits of our artistic labors. The RIAA cannot stop you from releasing your own albums unless you are contractually obligated through one of their members but then that's your fault for wanting to suckle at the teat of the industry. If you want to release your books to the public for free you are welcome to do so. No publisher's association can stop you unless, again, you're contractually obligated to a publisher. What others do with their work is up to them.

    4. Re:As an author by russotto · · Score: 1

      If publishers want to stop piracy of texts, STOP RELEASING EBOOKS THE SAME DAY FOR CRYING OUT LOUD.
      Right. It'll take a week or so for the paper versions to be pirated.
    5. Re:As an author by tomstdenis · · Score: 1

      I never said what Google was doing was *right*, I said it probably doesn't hurt sales. Just like me picking your lock and sitting in your house doesn't "hurt" you but it isn't right. If anything, sales are hurt by over zealous publishers who push content the wrong way, especially such as in ebook form at the same time.

      I'm positive that, at least in my case, my sales suck due to me being a first time author, relatively unknown outside my circle, and not advertising the books. However, on the very same day my book was in stores on sale, you could torrent it from a dozen websites around the world. That certainly can't be helping sales. If they held off on ebook sales for at least a year or two, I'd probably have a few hundred more sales to my name. Which in the grand scheme of things isn't a lot, but multiply it by the hundreds of small time authors out there and it adds up.

      And unlike audio, you don't suffer compression artifacts. At least in the audio/video biz, people will pay for quality [medium wise not content]. So while there is a lot of media piracy, there is way more sales because people are tired of getting 56kbps rips of avril lavigne hits from kazaa or whatever.

      With a book, the pirates trade in PDF formats, which are lossless. So there is very little inherit gain in buying a legit copy other than "feeling good." which sadly is not enough for most anyone to actually cough up the dough.

      Tom

      --
      Someday, I'll have a real sig.
    6. Re:As an author by jedidiah · · Score: 1

      Except WE DO GET THAT RIGHT. It's called fair use.

      Google is doing NOTHING wrong legally, morally or pragmatically.

      The publishers are just going on a control freak rampage because they are (much like you are) trying to perpetuate the misguided and incorrect notion of copyright as something comparable to real property rights.

      Google is doing nothing different than any other dead tree published index that you might have been forcibly exposed to as a child.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:As an author by Stewie241 · · Score: 1

      I would say there is more added value in books than in music... Printed books are technologically superior in that they don't require a reading device to use them. Electronic books have not replaced printed books to the same extent that downloadable music has replaced CDs because it isn't as easy to sit in an armchair and read a book on a computer.

      I have no idea what you've written about, but I have lots of books that I own and want to read but haven't yet. Math text books are much more likely to sell if a professor picks it up to use as a text.

    8. Re:As an author by Ash+Vince · · Score: 1

      Books are the one format I will carry on buying regardless. I enjoy reading in places where a laptop or whatever just isnt practical. I have a PDA but I can't imagine reading an ebook on it.

      If I ever found something I could only get in ebook format I might print it out to read at my leisure but I would rather buy a neatly bound copy.

      This especially applies to text books. I know they are usually more expensive but I like the ease of use a good old fashioned paper book provides. I also like the neatness that having someone else do a good job of binding it provides.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    9. Re:As an author by tomstdenis · · Score: 1

      Depends on the book. Most comp.sci books are just fine on the screen (e.g. PDF) as opposed to in your hands in print. Sure it's nice to have a printed copy but it's not always better. I was hoping to have my first book be picked up by some crypto oriented comp.sci group. As far as I know that hasn't happened. Oh well, i'm just happy that some people have read it and that the related OSS projects are being found useful.

      The thing that drives legit audio downloads is the quality control. For less than a buck you can have your 4 mins of blissful pop music [or whatever] at a technological quality level that is ideal [or should be] as compared to the random download from P2P services which offer random qualities.

      To put it differently, suppose bandwidth wasn't a problem and people traded FLAC's. There would be a lot less drive for legit downloads, as aside from having a higher moral standing the process is inherently no better. And we know that most people, capable of getting away with a seemingly guilt-free crime will try so.

      I SAW YOU JAYWALKER!!!

      hehehe

      Tom

      --
      Someday, I'll have a real sig.
    10. Re:As an author by novus+ordo · · Score: 1

      And you don't need to change the batteries.

      --
      "You're everywhere. You're omnivorous."
    11. Re:As an author by tomstdenis · · Score: 1

      Fair use means you can include non-substantial portions of a copyrighted work for the purposes of education or parody. Google is archiving random portions of copyrighted text for the purposes of making sales. That isn't fair use.

      You may argue that's not harmful to the rights owners, but that's not the point. They're not exercising fair use when they take snippets out of my book, and then link to amazon to say "you can buy it here." As odd as that sounds...

      Tom

      --
      Someday, I'll have a real sig.
    12. Re:As an author by RobBebop · · Score: 1

      > If you want to release your books to the public for free you are welcome to do so.

      You are "free" as in liberty to publish your own books, but self-publishing isn't "free" as in beer. It takes time (preparation, formatting, etc) and money (ISBN fees, printing costs, binding) to publish a book.

      Then again, I have got no idea what the GP is complaining about since it seems he is (a) mad that his Publisher released his work as an eBook, and (b) happy that people have been able to get access to his work and derive some benefit from it. From where I stand, if sales and profit are not the motivation for a project, then who cares how the readership gets access to the material?

      --
      Support the 30 Hour Work Week!!!
    13. Re:As an author by syousef · · Score: 1

      See this is what I don't understand. How much money are you going to get out of selling 4000 books anyway? Around a buck each?

      Type-setting isn't hard these days. Editing/proof-reading shouldn't be too hard either. Why not cut out the middle man and release it as a non DRM encumbered ebook form yourself. Sell it for a buck and make it clear that if you want to legally own and read the book you need to pay $1 to a bank account you nominate. Hell you could even do your own print run and charge $1 over cost. Why feed greedy good for nothing book publishers? It seems to me the only thing you get out of them is an ISBN...

      --
      These posts express my own personal views, not those of my employer
    14. Re:As an author by tomstdenis · · Score: 1

      Hindsight, it's 20/20. :-)

      To be honest I thought they would push the book more, spell my name correctly, etc (they called me Tom Denis for the longest while). If I knew a year ago what I knew now I would have just fired them off to Lulu.com and been done with.

      The first book wasn't written to sell really, it was public domain for the longest time. My "2nd" book was actually my 1st contract with a publisher. They decided they wanted to also publish the first book I wrote [years previous] to go along with the other one I was writing for them. I figured it couldn't hurt [surprise!].

      Anyways, you don't write tech books and sell them through the likes of O'Reily, Syngress, etc, if you want to make a lot of money as an author. You usually only see 8% royalties, and they cut into it for "return protection." The millionaires you see on Oprah's book list are probably making closer to 20-30% royalties [if not more] and have publishers that spell their authors name correctly.

      C'est la vie, mais ce n'est pas tout mauvais. On the plus side I'm now a "published author." w00t! All the groupies are overwhelming at times hehehehehehe

      --
      Someday, I'll have a real sig.
    15. Re:As an author by syousef · · Score: 1

      According to a high school physics teacher of mine (back in the early 90s) in Aus you're lucky to see a few cents per book. He said every couple of years he gets a cheque for a couple of hundred bucks for one of the textbooks we were using.

      I think if I ever write anything worth sharing, I'd just put it out on a web site and on P2P and hope.

      See the last sentence for 2 reasons I don't plan on writing a book.

      --
      These posts express my own personal views, not those of my employer
  13. no doubt; kettle meet pot. by WindBourne · · Score: 4, Insightful

    amazing that MS says these things when they are well known in and out of the industry for their large amounts of theft and patent/copyright abuse, let alone their total abuse of their monopoly.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:no doubt; kettle meet pot. by Goaway · · Score: 1

      What are some examples of these "large amounts of theft"?

    2. Re:no doubt; kettle meet pot. by WindBourne · · Score: 5, Informative
      1. Apple Quick Time; Lead to a major 150 million settlement.
      2. The code and idea for the embedding in MSIE. Still in the settlement as I recall.
      3. How about MSIE itself. they cut a deal to pay the mozaic group spin-off a .01 / each one sold and then embedded it (i.e. the company got SQUAT).
      4. Or how about the theft of the stacker's work in dos 6.2. IIRC, they had to pay something like 75 million (not chump change back in the 80's).
      And that is just off the top of the head.
      Man, you MS types have incredibly short memories on MS's actions, let alone how to use google.
      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:no doubt; kettle meet pot. by Achromatic1978 · · Score: 3, Insightful

      How about MSIE itself. they cut a deal to pay the mozaic group spin-off a .01 / each one sold and then embedded it (i.e. the company got SQUAT).

      While definitely not fair, and not really moral either, MOSAIC got their ass handed to them on a platter. Nowhere in the deeds of contract for the agreement did they ever specify minimum sales prices, minimum volumes, etc., hell they didn't even have a clause that required the product to be sold at all.

      If MOSAIC is to be pissed at anyone, they should be going after their law firm, for letting such a gaping, gaping hole slip through the contract - it wasn't even a minor loophole that MS used, it was the entire point of the freaking contract!

    4. Re:no doubt; kettle meet pot. by TheNetAvenger · · Score: 1

      MS says these things when they are well known in and out of the industry for their large amounts of theft and patent/copyright abuse

      Well known = Your biased Opinion....

      MS has always paid rather well to companies they aquire technology from, and in terms of literature or artwork, again they pay well for the content. Look up Gates and buying digital artwork.

      Just because you believe myth, does not make it reality.

    5. Re:no doubt; kettle meet pot. by Anonymous Coward · · Score: 0

      Agreed, Microsoft would be perfectly happy being a monopoly if it was allowed. Since it's not allowed (the monopoly) and they already have one, they should be happy. Microsoft will eventually (being the big baby that it is) threaten any and everyone who tries to take any market share available. I don't think i'll ever use the Microsoft search engine for any of my online searches, if google goes under because of Microsoft, there will be another to take it's place.. and there already are many other good search engines on the InterNet, Google is only one of them.

      Instead of "where do you want to go today?"

      it's

      "who are we gonna sue today"

      You'd think they'd have better things to do like FIX Vista. Oh, that's right customers come last - especially if their pointing out a bug or (oh my god) flaw in the monopoly that is Microsoft.

    6. Re:no doubt; kettle meet pot. by WindBourne · · Score: 1

      The precursor was the Sybase/sql-server deal (or was it the other way around?). You would think that the MOSAIC group would have learned that when you play with MS, you are playing with the devil. Both Sybase and Mosaic have only themselves to blame. And to be honest, I do not blame MS for these, but it was basically legally stolen (in the moral sense). But even now, the media groups think that MS will play nicely. If MS ever wins out, they will make the issues that the audio ppl have with Apple seem positively minor.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    7. Re:no doubt; kettle meet pot. by phoenixwade · · Score: 1

      MS says these things when they are well known in and out of the industry for their large amounts of theft and patent/copyright abuse
      Well known = Your biased Opinion.... Just because his biased opinion happens to be Well known doe not mean it's false. There are numerous examples to back up his assertion, Many of which others have commented on already, so I won't bother being repeating what has already been said. But, simply the number of class action lawsuits that the largest software company in the world has lost over the last 10 years should imply something to you, unless you are a complete idiot.

      I don't understand you fanboi's, a platform is a tool. The corporations/people/communitys that promote those tools do so for a variety of reasons, in a variety of ways, good and bad. But there is no threat to your ego when someone points out the flaws and mistakes made by MicroSoft, Apple, or whoever is your flavor of the month. it's pointing out the flaws, hopefully to improve the world a little.

      MS has always paid rather well to companies they acquire technology from, and in terms of literature or artwork, again they pay well for the content. Look up Gates and buying digital artwork. Gates has a huge, wonderful charity too. He isn't a bad man, nor is Microsoft a bad company per se. They do play hardball and cross ethical boundaries whenever they think they can, for example, when they decide that paying the fine is cheaper than changing a business practice. Again - it's easy to find references to prove the point, but I suspect the little bit of work to do so would be lost on you. Fanatical personalities are like that.

      Just because you believe myth, does not make it reality. "Just because you believe myth, does not make it reality." good quote - read it - understand it - live it. it applies even when you create your own myth.

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    8. Re:no doubt; kettle meet pot. by WindBourne · · Score: 2, Insightful
      Well known = Your biased Opinion

      Google is your friend (and a friend to the copyright folks). At the least, you would have done well to read the 2'nd post where I detailed just a few of MS's dirty deeds (that were done dirt cheap).

      Look up Gates and buying digital artwork.

      And your point? Hitler did the vast majoirty of things legally as did Idi Amin, Al Capone, Scooter libbey, Carl Rove, Dick Cheney, GWB, Clinton, Reagan, Nixon, and Brian Flannigan (a hooligan that I grew up with) and the next person who shoplifts for kicks. But did they still break the law? Absolutely. Gates is in the same category; A crook. Just some are worse than others.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    9. Re:no doubt; kettle meet pot. by MeanderingMind · · Score: 1

      Mosaic and Sybase may have left the door open to be backstabbed, but Microsoft still had to make with the pointy sharp knives. You can put some blame on them for being naive, but saying they have no one to blame but themselves isn't a fair statement.

      --
      Thunderclone: ONE MAN ENTERS! TWO MEN LEAVE! ONE MAN ENTERS! TWO MEN LEAVE!
    10. Re:no doubt; kettle meet pot. by This+is+outrageous! · · Score: 1

      MS types have incredibly short memories on MS's actions, let alone how to use google.
      We're telling you, we can't! We won't be caught using such a cavalier resource!
      --
      This is...

      O
      U
      T
      R
      A
      G
      E
      O
      U
      S

      !

    11. Re:no doubt; kettle meet pot. by Goaway · · Score: 1

      1. Apple Quick Time; Lead to a major 150 million settlement.

      Possible, but the issue was settled and it never became clear if Microsoft knowingly tried to steal code from Apple, or if that was all the work of a third party.

      2. The code and idea for the embedding in MSIE. Still in the settlement as I recall.

      Eolas? Patent issue, not copyright.

      3. How about MSIE itself. they cut a deal to pay the mozaic group spin-off a .01 / each one sold and then embedded it (i.e. the company got SQUAT).

      Entirely legitimate deal, no copyright infringement going on. A shitty deal for the other part, but they don't really have anyone but themselves to blame for that if they signed the deal.

      4. Or how about the theft of the stacker's work in dos 6.2. IIRC, they had to pay something like 75 million (not chump change back in the 80's).

      Patent issue, not copyright.

      In sum, one possible case of copyright theft. That's hardly a "large amount" so far.

      Man, you MS types

      That's hilarious, man. I'm a Mac developer.

    12. Re:no doubt; kettle meet pot. by Anonymous Coward · · Score: 0
      That's hilarious, man. I'm a Mac developer.

      Mea Culpa. No insult meant.

      Knowingly infringing on a patent is theft. It is no different than lifting the code. When you do not know that you are infringing, that is a different issue.

      I kind of agree with the MSIE thing. I felt that MOSAIC got what they did, because they were playing with the devil (and said so in another post). But it was still legally stolen code.

      Actually, the stacker was a bit of both. They claim that they reverse engineered the hidden part and used that. Stacker claimed that MS disassembled the hook part and then used it directly and reassembled it. That would make it direct theft. In addition, there was an infamous tape recording that the CEO of stacker had of Gates telling him that either stacker dealt with MS or they would simply steal it(gate's word). It was based on that recording that the jury nailed MS.

    13. Re:no doubt; kettle meet pot. by Goaway · · Score: 1

      What, you're supporting software patents? On Slashdot?

    14. Re:no doubt; kettle meet pot. by cytg.net · · Score: 1

      doesnt take a 2 layer 11 neuron network to classify the standard business algorithm here 1. competetive 2. anti competetive 3. sue 4. goto 1. again again and again. its evil. and unfortunatly an entity that has reached critical mass.

  14. More fun from TFA by Mateo_LeFou · · Score: 5, Insightful

    "In essence, Google is saying to you and to other copyright owners: 'Trust us -- you're protected. We'll keep the digital copies secure, we'll only show snippets, we won't harm you, we'll promote you,' "

    Bad news, Rubin: Google is exactly right to say that. Fair Use Rule #4 evaluates "the effect of the use upon the potential market for or value of the copyrighted work." And I don't think it's hard to show that prominence on a Google property affects this potential market *extremely positively.

    --
    My turnips listen for the soft cry of your love
    1. Re:More fun from TFA by tha_mink · · Score: 5, Insightful

      Bad news, Rubin: Google is exactly right to say that. Fair Use Rule #4 evaluates "the effect of the use upon the potential market for or value of the copyrighted work." And I don't think it's hard to show that prominence on a Google property affects this potential market *extremely positively. I'd love to see how many "copyright holders" would actually make the choice of being delisted from any and all google enterprises rather than expose the copyrighted work. I'd love it if Google said something like..."All right , no soup for you" and then just delisted everything that had anything to do with them. I doubt they'd care much about infringement then.

      It's all bullshit. They don't care about their copyrights until they think they can squeeze money from someone. When YouTube was just YouTube, there was just as much copyrighted stuff there ans there is now. "Google has deep pockets now. They must be infringing something of ours. Let's get em." It's bullshit, plus Google hasn't even started to realize the profit from YouTube advertising. If you were producing a sitcom, wouldn't you want clips of your crap to go viral on YouTube? It's got much better chance happening there than it does on mystupidsitcom.abc.disney.com that's for sure.
      --
      You'll have that sometimes...
    2. Re:More fun from TFA by 93+Escort+Wagon · · Score: 4, Informative

      "In essence, Google is saying to you and to other copyright owners: 'Trust us -- you're protected. We'll keep the digital copies secure, we'll only show snippets, we won't harm you, we'll promote you,' " It's also an interesting criticism coming from Microsoft, since with just a few wording tweaks that's exactly what Microsoft tells consumers when it comes to things like Trusted Computing.

      --
      #DeleteChrome
    3. Re:More fun from TFA by iluvcapra · · Score: 4, Funny

      I'd love it if Google said something like..."All right , no soup for you" and then just delisted everything that had anything to do with them.

      That comes dangerously close to Google abusing its search monopoly.

      on mystupidsitcom.abc.disney.com

      You mean mystupidsitcom.abc.disney.go.com. They paid a lot of money for the "go.com" TLD, and damn it they're gonna use it!

      --
      Don't blame me, I voted for Baltar.
    4. Re:More fun from TFA by Veilrap · · Score: 3, Insightful

      No it is no where near an abuse of monopoly not to list someone on your search service. Google is a private company and is fully allowed to customize its survice as it sees fit. If google feels that having a company listed will detract from google's customers' overall satisfaction they are perfectly allowed to do as they please. Don't give me anymore of this monopoly bs.

    5. Re:More fun from TFA by iluvcapra · · Score: 1

      Google is a private company and is fully allowed to customize its survice as it sees fit.

      Well yeah, and Microsoft bundles WMP and makes Internet Explorer unremovable, and various state, federal and foreign governments enjoin and penalize it for that. It's a no-no to use your monopoly power to give yourself an uncompetitive advantage in another business. This can be seen as Google becoming a victim of its own success. If it's ubiquitous and a one-stop-search shop, it becomes a kind of gatekeeper to the deep Internet.

      --
      Don't blame me, I voted for Baltar.
    6. Re:More fun from TFA by Veilrap · · Score: 1

      Just because something is popular does not make it a monopoly. If google was the backbone of the internet then you might have a case. However, google is more of an xray allowing you to look at the body.

    7. Re:More fun from TFA by phoenixwade · · Score: 1

      No it is no where near an abuse of monopoly not to list someone on your search service. Google is a private company and is fully allowed to customize its survice as it sees fit. If google feels that having a company listed will detract from google's customers' overall satisfaction they are perfectly allowed to do as they please. Don't give me anymore of this monopoly bs. Take your remark, substitute "Microsoft" or "Apple"

      So, it's okay, by your reasoning, for Microsoft to say "No, your game/software/document type is not allowed on Windows". Or Apple to do the same?

      We are having an overabundance of silly commentary for this article.....And no, I'm not new here.....
      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    8. Re:More fun from TFA by Anonymous Coward · · Score: 1, Informative

      Google isn't a private company. It's publicly traded, which means they have loads of political concerns in addition to profit concerns.

    9. Re:More fun from TFA by Anonymous Coward · · Score: 0

      The difference is Microsoft is deemed a monopoly by the US courts and have had two anti-trust actions taken against them by the US DOJ. Apple and Google have not.

    10. Re:More fun from TFA by JimDaGeek · · Score: 1

      Google is a private company
      No, they are not.
      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    11. Re:More fun from TFA by Veilrap · · Score: 1

      Publicly traded does not mean a public service. Google is a private entity from the government.

    12. Re:More fun from TFA by JimDaGeek · · Score: 1

      Sorry about that. I thought you were suggesting that Google is a privately-held company.

      --
      General, you are listening to a machine! Do the world a favor and don't act like one.
    13. Re:More fun from TFA by catprog · · Score: 1

      No they said they didn't want to be on google didn't they?

      --
      My Transformation Website
      Kindle Books http://www.catprog.org/rev
      Interactive CYOA http://www.catprog.org/st
    14. Re:More fun from TFA by Anonymous Coward · · Score: 0

      what the fuck are you talking about?

    15. Re:More fun from TFA by Anonymous Coward · · Score: 0

      That comes dangerously close to Google abusing its search monopoly.

      And I'm dangerously close to the Andromeda Galaxy.

      First thing, to even have the possibility of abusing its search monopoly, it would first have to gain a search monopoly. THEN it would have to abuse it (having a monopoly isn't illegal by itself, even if they had one). Signs of a monopoly: High prices. Think Vista Ultimate Corporate Edition. How much do you pay to search on Google? And lack of innovation. Being big does not itself make a company a monopoly, they can be big by being the cheapest and/or best, but if they raise the price or stop being better than everyone else, someone else is going to take over that market. There's the difference, Microsoft can get away with huge prices for Vista, and yet it's just a lousy copy of OSX. Google can't get away with it, because they aren't a monopoly.

      Now, you might think that because everyone uses Google, and never heard of any other search engines, being better will only bring over a few geeks. I used to think so too. AltaVista (remember them?) was the search engine that everyone new, they used to be the best. They stopped being the best, but didn't have the monopoly situation to pull it off, so someone else stepped up. For a couple of months I was right. Only geeks used that new search engine, even though it was much better than everything else. For a few months, only geeks used... Google!

      The search engine business does not have the barrier to entry that the OS market does. Two guys in a garage is all you need, even when you are fighting a huge search engine like Alta Vista. Because: It's not the amount of code, it's the algorithm. And there is no lock-in, I can search Alta Vista now (if it still exists), Google in two minutes, and Yahoo in five. Nothing to learn, same user interface (enter text, click button).

      And that was just for the Monopoly bit. Now, the abusing part. Even ignoring the fact that you can't abuse something you don't have, there is still nothing wrong with unlisting someone WHO DOESN'T WANT TO BE LISTED IN THE FIRST PLACE. Yes, it's bad for that guys business. Too bad, his choice. Maybe when he sees his sales disappear, he will come back. If not, Google isn't what killed his business. Competition is.

    16. Re:More fun from TFA by marcosdumay · · Score: 1

      Google is arguably a monopoly, and monopolies can't act any way they see fit.

    17. Re:More fun from TFA by tha_mink · · Score: 1

      Google is arguably a monopoly, and monopolies can't act any way they see fit. Please explain to me how Google is a monopoly. A monopoly is defined as a persistent market situation where there is only one provider of a kind of product or service and I don't see how anybody can use that definition to describe Google. (Especially their search engine)
      --
      You'll have that sometimes...
    18. Re:More fun from TFA by marcosdumay · · Score: 1

      "A monopoly is defined as a persistent market situation where there is only one provider of a kind of product or service..."

      No, a monopoly is defined as a market situation where somebody DOMINATES the market of a product, having huge powers on its distribution. Google probably fits that (note that I said "arguably").

  15. teacup calling the teapot fat by mastershake_phd · · Score: 4, Insightful

    Companies that create no content of their own, and make money solely on the backs of other people's content, are raking in billions through advertising revenue and I.P.O.s," said Mr. Rubin, who oversees copyright and trade-secret law.

    Is either buying out your competitors or putting them out of business "creating content"?

    1. Re:teacup calling the teapot fat by Anonymous Coward · · Score: 0

      Wtf is up with your subject? Is this soupposed to be some "clever" bastardization of
      "the pot calling the kettle black?" Or just generally mixed up? It doesn't to be a
      pre-existing turn of phrase.

    2. Re:teacup calling the teapot fat by zotz · · Score: 1

      "Companies that create no content of their own, and make money solely on the backs of other people's content"

      What, is this insult your audience 101?

      all the best,

      drew

      http://www.youtube.com/results?search_query=zotzbr o&search=Search

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
  16. Of course... by RyanFenton · · Score: 4, Insightful

    Aren't the processes of indexing servers, and the exclusive right to make copies of information inherently in conflict? Same thing with a system that by default allows anyone to share any information publicly, like the phone system, open public speech, or, in this case, the Internet. I don't think the 'copy right' was originally intended to apply beyond books and blueprints anyway, but the way it has grown, I don't know how one would get a representative view of our world without breaking copy rights along the way in at least many small ways.

    That's why there have classically been exceptions allowed for sampling information, why one case of illegal copying haven't been used to call every tangential person involved in the copy from being punished, and that the original intent of copyrights, to 'promote the Progress of Science and useful Arts", has classically been the focus, rather than just blindly punishing people, who naturally tend to share information.

    Ryan Fenton

    1. Re:Of course... by novus+ordo · · Score: 1

      There are 2 arguments here and Rubin is spreading FUD hoping nobody will notice. One is the private caches of copyrighted data--Google Books and Youtube now. The other--"Google takes the position that everything may be freely copied unless the copyright owner notifies Google and tells it to stop" that he's piggybacking on top of the prior one. However that is the law according to DMCA, not according to Google's wishes.

      Another comment "Companies that create no content of their own, and make money solely on the backs of other people's content, are raking in billions through advertising revenue and I.P.O.s" is laughable. Does indexing all that data come for free? Does it have no value? Same could be said of RIAA MPAA but they do provide 'services' although they might be overpaid for what they offer. Actually now that I think of it, ALL services offer no content of their own but make something of that content. And often the content itself is the outgrowth of somebody else's work and trying to draw lines in the sand where there aren't any is a burdensome affair. See the mix tape busts, the parody takedowns etc. Copyright needs an overhaul. In a world where copying is free how can you charge a price?

      --
      "You're everywhere. You're omnivorous."
    2. Re:Of course... by greenbird · · Score: 1

      Another comment "Companies that create no content of their own, and make money solely on the backs of other people's content, are raking in billions through advertising revenue and I.P.O.s" is laughable. Does indexing all that data come for free? Does it have no value? Same could be said of RIAA MPAA but they do provide 'services' although they might be overpaid for what they offer. Actually now that I think of it, ALL services offer no content of their own but make something of that content.

      Someone mod this up. The RIAA and MPAA members not only don't produce any content they keep most of the money generated by the content with the actually content creator only getting what RIAA and MPAA members decide they should. Google's model promotes the content without taking a dime from the content creator.

      So who is the parasite here?

      --
      Who is John Galt?
    3. Re:Of course... by Achromatic1978 · · Score: 1

      However that is the law according to DMCA, not according to Google's wishes.

      Huh?

      You might not be aware that the Publisher's lawsuit against Google is the wholesale photocopying of their texts in paper form to their 'electronic retrieval system'.

      Last I checked, content on paper was not subject to the DMCA.

      Google is trying to create a protection where it doesn't exist. "Oh, but the end product of our wholesale real world photocopying is an electronic product, ergo the whole thing must be subject to DMCA". No.

  17. Kafka by goombah99 · · Score: 1

    Kafka said, "You become what you hate". The collorary is you hate what you wish you could be. The thing is I don't know which direction to apply these lemmas.

    --
    Some drink at the fountain of knowledge. Others just gargle.
  18. Re:Content is not the holy grail it's made out to by Anonymous Coward · · Score: 0
    Content is cheap; just look at the number of books that are rejected for publication every year.

    That's nothing, it's probably only a third of what the /. editors reject in a day.

  19. Don't embarass yourself by goombah99 · · Score: 1

    Far from displaying your superior intellect, You embarass yourself. "such as it were" is a traditional phrase in english literature and writing. Try to read more than "learning perl" and the "python cookbook", you might find it eye opening, such as it were.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Don't embarass yourself by networkBoy · · Score: 1

      Tangential topic but....
      "As it were" is more of a colloquialism at this point is it not?
      I work in a diverse company and one of my (now former sadly) supervisors was from Lebanon. He dropped by my office to see how I was doing and I beat him to the punch and asked: "How goes it?"
      This, apparently, broke the English parser in his brain as he disassembled the sentence fragment and tried to make sense of it.
      "how goes it?"
      "... how it goes?"
      "!"
      "man, that just doesn't make any sense!"
      "What's this means, how goes it?"

      At which point my other "plain 'ol white" co-worker couldn't take it anymore and she popped a gasket laughing like mad.

      In international business relationships you have to learn to remove all colloquialisms and cultural/sports references (collectively slang) from your working language. Bonus points for studying the "other guys" slang enough to not get lost in a conversation and even the ability to fit in at the pub, thus I have a moderate repertoire of brit/scott slang, Japanese formality (good god the ceremony of handing off a business card is @!%# insane!), and Indian (generic, sorry) mixed signaling (shaking head up and down is no, left-right is yes, of sorts, and it still hurts my head).
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    2. Re:Don't embarass yourself by goombah99 · · Score: 1
      I'd say your answer "begs the question". :-)

      But I found it funnier than a fart in a phonebox.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    3. Re:Don't embarass yourself by Anonymous Coward · · Score: 2, Interesting

      "I say not this, for that I think the action such as it were disadvantage to be
      thought the projector of it ; but I say, and say truly, that my lord admiral ..."
      -Francis Bacon, 1859

      "I had heard such, as it were, sing before Jordan was half forded. I had seen
      faces where, pallid as they were, I beheld more celestial triumph than I had ..."
      -William Fishbough, 1874

      "... the covetous cruelty of the common sort, by their eager biting at gold, being
      such as it were enough to eclipse the brightness of a Prince's bounty."
      -Sir Nicholas Harris Nicolas, 1847

      The quotes come from the first several listings in Google Books from a search of "Such as it were" in quotes. Perhaps you should read something in English and not in Olde English? The only works Google finds with the phrase "such as it were" are two hundred years old. Anyone using the phrase "such as it were" is being pretentious, trying to impress someone with their superior intellect and failing miserably.

      "Gay" not only no longer means "happy and carefree" it doesn't even mean "homosexual" any more. In the 1930s "straight" meant "honest", in the 1970s "straight" meant "not stoned" (sober), now it means heterosexual. Language changes. But "such as it were" was bad English two hundred years ago, despite the fact that Francis Bacon used the phrase (prolly like we use "well DUH" or "prolly" or "PuhLEEEESE" and God but I hate that last one...)

      "It" is a singular noun. "Were" is a plural verb. They don't go together, such as it was (or such as they were).

      That said, I'll cut Hemos some slack. My oldest daughter is mentally challenged, too, but I love her just the same.

    4. Re:Don't embarass yourself by belg4mit · · Score: 1

      No you don't. You should learn to be aware of them, as should the other party,
      but that's not a sufficiently compelling reason to expunge them from your noggin;
      because some might not grok your froodiness. How mind-numbingly bland, man.

      --
      Were that I say, pancakes?
    5. Re:Don't embarass yourself by Anonymous Coward · · Score: 0

      apropos signature

    6. Re:Don't embarass yourself by kahei · · Score: 1


      Verbs and their subjects have to agree in number in this language. If you left 'such' out of your last sentence, it would be correct because 'were' would be the subjunctive mood. But you didn't, and it isn't, and you don't come across as sounding nearly as grown-up as you hoped.

      You don't know what I mean by 'agree in number' and 'subjunctive mood'? I think it's time for some *quiet study time* on the subject of grammar -- to prevent future embarrassment.

      --
      Whence? Hence. Whither? Thither.
    7. Re:Don't embarass yourself by goombah99 · · Score: 1

      true, but it would not have been as funny. Time to reflect on humor.

      --
      Some drink at the fountain of knowledge. Others just gargle.
    8. Re:Don't embarass yourself by networkBoy · · Score: 1

      When several hundred million dollars is on the line, you swallow your slang.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  20. Can I be the first to say.... by hairykrishna · · Score: 1
    "...arguing that the Web search leader takes a cavalier approach to copyright protection."

    Good.

    --
    "Physics is to math as sex is to masturbation." -R. Feynman
    1. Re:Can I be the first to say.... by pembo13 · · Score: 1

      +1 Agreed

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  21. blistering? by oohshiny · · Score: 2, Funny

    Whining and throwing tantrums is not a "blistering attack".

    1. Re:blistering? by Sneakernets · · Score: 0

      Yeah. I'd go for the word "splintering".

      --
      "No freeman shall ever be debarred the use of arms." -- Thomas Jefferson
  22. Is this April 1st? by tkrotchko · · Score: 5, Funny

    This sounds like an April Fools article.

    Next Article:
        RIAA concerned about musicians being ripped off by lopsided contracts

    After that:
        Auto Makers insist Congress must tighten emissions and fuel economy standards.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  23. strange relationships by bcrowell · · Score: 4, Interesting

    The really weird thing about the google lawsuits is that the publishers suing google are also google's business partners. It's basically a dispute between business allies that's being handled partly in the courts. There's speculation that the outcome will end up being harmful to fair use. Google has tons of cash, and can afford to pay the publishers a certain amount of money to end the suit, even if they really have a good fair use defense that might eventually have held up in court. If that happens, then everybody else's fair use rights could be diminished, because it will be seen as normal that you have to pay for what really should be fair use. Google could end up with a de facto monopoly on indexing books, because competitors wouldn't have enough money to pay the publishers what google paid. (This is mostly paraphrased from a long article in the New Yorker, IIRC.)

  24. we'r special by jb.cancer · · Score: 1
    FTFA:

    "Google takes the position that everything may be freely copied unless the copyright owner notifies Google and tells it to stop," Mr.Rubin said. Microsoft, he said, asks the copyright's owner for permission first.. Of course microsoft can patent everything from 0s & 1s unless someone shows them reason!
  25. If ya can't beat 'em, smear 'em... by Anonymous Coward · · Score: 0

    Why not? It works in politics.

  26. Anyone Else Seeing a Pattern Here? by jeevesbond · · Score: 5, Interesting

    GNU/Linux

    1. Microsoft attempt to compete with GNU/Linux via conventional methods: reducing cost (releasing free--as in beer--versions of products), advertising that TCO is higher for Linux than Windows (it's a lie, but what else should we expect them to say?)
    2. Conventional methods fail so Microsoft falls-back to good old fashioned dirty tricks: making spurious allegations about 'intellectual property'.
    3. ...
    4. Profit!

    Google

    1. Microsoft attempts to compete with Google via conventional methods: producing a competing services with similar capabilities. Then advertise the services as usual, and throw in a bit of IE7 integration in the name of 'choice'.
    2. Conventional methods fail so Microsoft falls-back to good old fashioned dirty tricks: making spurious allegations about 'intellectual property'.
    3. Throw chair across room
    4. ...
    5. Profit!

    Personally am getting a feeling of: 'same bilge, different day' from Microsoft.

    --
    I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
    1. Re:Anyone Else Seeing a Pattern Here? by zotz · · Score: 1

      Another slashdot business model fan! Congrats...

      all the best,

      drew

      http://www.youtube.com/watch?v=ls1QealrmLk

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    2. Re:Anyone Else Seeing a Pattern Here? by spitzak · · Score: 1

      Linux has to try harder. Apparently Google can make Microsoft throw a chair, but Linux cannot yet.

    3. Re:Anyone Else Seeing a Pattern Here? by Emetophobe · · Score: 1

      advertising that TCO is higher for Linux than Windows (it's a lie, but what else should we expect them to say?)

      But but but, 7-Eleven saved money! From the link:

      7-Eleven Upgrades Its Strategic Retail System and Lowers Costs 7-Eleven Upgrades Its Strategic Retail System and Lowers Costs

      After a detailed platform and application infrastructure analysis, 7-Eleven concluded that Windows Server System would save 20 percent on TCO versus Linux, and reduce deployment time of new capabilities to its stores by 50 percent, increasing its responsiveness to customer needs.
  27. Microsoft is attacking Apple indirectly. by QuietLagoon · · Score: 1
    This speech is an indirect attack by Microsoft upon Apple's success in the digital media world. This article details the tightening of Google/Apple ties as they reach further into technology's future. Microsoft is clearly being left behind, so Microsoft needs to start stirring up the legal battles.

    Wasn't it always Microsoft that accused competitors of fighting in the courtroom because they were not able to win in the marketplace?

  28. This translates to "Google is BAD" by unity100 · · Score: 1

    - "They are earning cash we were craving, but are too uncompetitive to get".

  29. MSN search cache? by mph · · Score: 4, Interesting

    "Google takes the position that everything may be freely copied unless the copyright owner notifies Google and tells it to stop," Mr. Rubin said. Microsoft, he said, asks the copyright's owner for permission first.
    I just checked search.msn.com and it has a cached copy of my webpages. I don't remember Microsoft asking me for permission. (Not that I mind, but it's at odds with Rubin's statement.)
  30. Copy this..! by Co+Starring · · Score: 2, Insightful

    What's next?

    Parents getting sued because they are telling a story from a children's book?
    Me talking about a movie explaining how great the storyline is?
    Am I still allowed to sing my favorite songs under the shower?

    1. Re:Copy this..! by SirWhoopass · · Score: 1

      Me talking about a movie explaining how great the storyline is?

      "Fair use of a copyrighted work... for purposes such as criticism, comment... is not an infringement of copyright." Title 17, US Code.


      Am I still allowed to sing my favorite songs under the shower?

      Yes, unless you are showing in public and charging admission or trying to gain some commercial advantage. See Section 110.
  31. um, not to defend MS but by Mateo_LeFou · · Score: 1

    "Wed, 17 May 95 13:44:40 EDT"

    The bad news, of course, is that I haven't seen a tangible sign of change in the intervening 12 years.

    --
    My turnips listen for the soft cry of your love
  32. Not even pot kettle black by gamer4Life · · Score: 1

    The difference is that they're not the same. Microsoft is evil, Google isn't. Microsoft's approach to copyright and DRM is despicable, while Google's practices are to be admired.

    We should all boycott Microsoft's products (if we can), like the Zune, Vista, the XBox 360, Office, etc...

    1. Re:Not even pot kettle black by Achromatic1978 · · Score: 1

      while Google's practices are to be admired

      You'll forgive me and the sizable portion of people who don't find the wholesale photocopying of people's works and the profiting therefrom as being "admirable".

    2. Re:Not even pot kettle black by gamer4Life · · Score: 1

      Sizable, but ultimately, a very small fraction of people. Unfortunately, you guys are also the loudest too.

    3. Re:Not even pot kettle black by Achromatic1978 · · Score: 1

      Unfortunate? Or just unfortunate for the agenda you're trying to push? (Of course, don't interpret that as me claiming that I don't have an agenda of my own.)

    4. Re:Not even pot kettle black by webbod · · Score: 1

      Microsoft is the big bully in the playground, Google is the suave stranger in the flash car outside the school gates.

      Microsoft demands your lunch money or else, Google offers sweets and a lift to come see some puppies.

      Both are evil monopolists at least microsoft if upfront about it.

  33. Such as it were, indeed by P0ldy · · Score: 5, Interesting

    Perhaps this comment is superfluous since the only person backing you up is an Anonymous Coward, and maybe that's you attempting to vindicate yourself. However, no reply attacking your intelligence, right though they were, gave the reason why the phrase is correct. "Such as it were" is an example of the subjunctive. It's a mood. Pick up a grammar book if you want further explanation. The selfsame mood is the reason for the phrase "Were I to go out...". What?? Were I? You don't say I were. You say I was! Yes, it's the subjunctive, and it's a part of so many languages and would still be important even if it were as little used as it is in English.

    1. Re:Such as it were, indeed by goombah99 · · Score: 1

      Interesting. I'm not quite sure I understand "mood" as language case, or the tense of "were" that you are describing as subjunctive. Care to elaborate?

      --
      Some drink at the fountain of knowledge. Others just gargle.
    2. Re:Such as it were, indeed by mykdavies · · Score: 1

      If force of numbers is required, I'll back him up as well :-).

      The subjunctive mood is commonly used to introduce a hypothetical case (often contrary to fact) which is then considered in the remainder of the sentence, exactly as your example used it, e.g. "Were I to go out, I would need a coat (but I don't intend to, so I'm fine without)".

      In this case the writer's intention appears to be to imply that either this wasn't actually intended as an attack, or that it was intended to be an attack, but that he thinks it failed to hit its target. Either way, it's not the subjunctive case as it's a comment on the attack as it was, rather than any consideration of a hypothetical attack.

      I suspect that he doesn't think much of the attack, and it should read "The attack, such as it was, came from Microsoft's Associate General Counsel who was giving a speech".

      But don't take my word for it:

      From grammar: wikipedia gives a good explanation of the uses of the subjunctive: http://en.wikipedia.org/wiki/Subjunctive_mood, and the closest comparable usage is an archaic (biblical) one.

      From common usage: Googlefight shows over 500 to 1 in favour of "such as it was" http://www.googlefight.com/index.php?lang=en_GB&wo rd1=%22such+as+it+was%22&word2=%22such+as+it+were% 22.

      --
      The world has changed and we all have become metal men.
    3. Re:Such as it were, indeed by Anonymous Coward · · Score: 0

      That's so meta.

    4. Re:Such as it were, indeed by Anonymous Coward · · Score: 0

      pwned!

    5. Re:Such as it were, indeed by OriginalArlen · · Score: 1

      I've not had much formal education in English grammar, but the construction "Were I to do something, the thing I would do would be X" is well-established vernacular at the least, and I think it's actually formally correct grammar as well. Disclaimer: it is UK English of which I speak ;)

      --

      Everything I needed to know about life, I learnt from Blake's Seven
  34. It is so sad by kahrytan · · Score: 0, Troll


    Microsoft can't beat Google with better products and services so they try to beat them with the law. It is pathetic. If Microsoft would spend all the cash they give to lawyers on R&D, they might actually produce decent product. Instead, they pump out crap after crap after crap.

    The reason Microsoft does is to shake corporate faith in Google. I hope the corporations don't fall for it.

    --
    \
    1. Re:It is so sad by UnknowingFool · · Score: 3, Insightful

      If Microsoft would spend all the cash they give to lawyers on R&D, they might actually produce decent product. Instead, they pump out crap after crap after crap.

      MS spent $1+ billion in R&D last quarter so it's not for lack of funding. It's not that they don't have brilliant people. It's that MS as a corporation has conflicting and competing goals. Their different divisions could come out with great products but on the whole, their products must not undermine the whole corporation. Namely they must do everything to ensure Windows is the only operating system, Window Media the only media format, SQL server the only SQL database, etc. The Office division could do a port to Linux. There is some money to be made, but that would undermine Windows. Zune could have been tied to more open formats but that would hurt Windows and the Media division. And the list goes on.

      Sony has the same problem. Their MP3 players could have been great and taken the market from Apple but they had to protect their content division. Thus the first versions used proprietary formats that all but crippled them.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    2. Re:It is so sad by Anonymous Coward · · Score: 0


      Well Duh Sherlock. You missed the point. Everything that they make sucks. And they can't produce anything of GOOD quality. So they use lawyers to keep companies that make superior products from rising above them.

    3. Re:It is so sad by Anonymous Coward · · Score: 0

      Well Duh Sherlock

      What does the Mac OS 9 search tool have to do with Google?

  35. Oh noes! by Wiarumas · · Score: 0, Troll
    Oh noes! My whole world has been turned upside down! Google is evil?

    *cries while googling Microsoft's Associate General Counsel, Association of American Publishers, and copyright laws*

    --
    I will bend like a reed in the wind.
  36. Library by Polyphemux · · Score: 1

    So... I can sue the library just a few miles away from here as well?

  37. proof of loss by fuliginous · · Score: 1

    Perhaps a key factor in the minds of Google is the practical necessity in showing the level of consequential loss (at least under some richer legal systems). And as the small scale proofs of concept relating to books shows sales increasing it might be tough to achieve.

    And also that the infringing act has to involve all or a substantial part of the work. Which from the brief play with google book search I've had you really don't see. I suppose the copying of it into the system to be able to search is the crunch point.

  38. Microsoft miffed by fuliginous · · Score: 1

    In fact the more I've just read (UK) copyright law and also thought about what the Google search offers I just think M$ are upset they didn't think of doing it first.

  39. Fancis Bacon Salutes you! by goombah99 · · Score: 1
    try googling "as it were" instead and you will discover it's what is know in the trade as an adverbial clause. It's closest translation is another adverbila clause "so to speak". It's used in every day english.

    I'm glad you feel that you can correct francis bacon's english, but your response is unknowingly funny. You see Francis Bacon was noted for his discourses on the use of syllogism in argument. Your insult to Bacon is a pure example of syllogism. 1) I think the english phrase is bad 2) francis bacon used the phrase. 3) ergo francis bacon spoke bad english. Nice, bacon would be proud of such an elegantly bad example. I doff my quilled chapeau to you!

    --
    Some drink at the fountain of knowledge. Others just gargle.
  40. Attack from the MS legal dept by shadowspar · · Score: 5, Insightful

    The fact that threats against Google are being launched by Microsoft's legal team instead of their engineering department tells you all you need to know.

    --

    There is a spellbook here; eat it? [ynq]

    1. Re:Attack from the MS legal dept by Achromatic1978 · · Score: 1

      Huh? You're a clown. What threats? One of their corporate lawyers, in a speech that he was asked to present to a group of publishers, queried Google's interpretation of copyright law.

  41. Mod parent up by icedcool · · Score: 1

    Mod parent insightful. Good stuff.

    --
    Most people aren't thought about after they're gone. "I wonder where Rob got the plutonium" is better than most get.
  42. Ms on the ropes? by AlbionTourgee · · Score: 1
    Most interesting thing about this feeble attack is to show how weak Microsoft is as a technology company. Flagship product Vista opens to very bad reviews. Cash cow Office's latest version isn't setting the market on fire, and faces very functional, free competition. Microsoft can't come up with a search offering that really competes with Google in the market. So, desperate, the former technology company turns to -- a legalistic attack on the competition. And, not a particularly profound or well-thought out attack, either, as the postings in this thread demonstrate. Anyone who doubted Microsoft is on the downward curve should take note. The markets, of course, appear to have known this for quite some time -- if you invested in Microsoft in 2000, or even 2004, you passed up the real opportunities.

    Our legal system, of course, is capable of very serious blunders, such as, refusing to break Microsoft up despite its anticompetitive and monopolistic practices. Investors in Microsoft stock would be much happier today if the courts had applied the law with full force. But, the law is, well, imperfect. So, maybe Microsoft and the publishers version of the RIAA will win the case, and not only help preserve the software monopoly, but also limit the ability of readers to find and read books. Yes if this happens the law would be an ass. Need I say more?

  43. The real deal by Vexorian · · Score: 2, Funny

    Microsoft might be preparing the ground to a software patents law suit against google. They patented evil after all...

    --

    Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  44. FYI by Brad+Eleven · · Score: 1

    The past tense of "lead" is "led". When "lead" is pronounced with a short 'e', it's an element.

    --
    "Press to test."
    (click)
    "Release to detonate."
  45. What is content? by mlwmohawk · · Score: 3, Insightful

    I take great issue with the statement:

    "Companies that create no content of their own, and make money solely on the backs of other people's content, are raking in billions through advertising revenue and I.P.O.s"

    For what it is worth, Google does make a lot of money on the work of others, but not by copying or stealing it. Google and other search engines analyze, categorize, and parse copyrighted material and create indexes that make it easy to search. Makes that one document in billions findable.

    This is no small feat, and copyright holders are making more money with google than without. Google indexes about 8-10 billion documents. They make zero cash for the documents. They make money providing a service to the people searching for material. That service is finding documents. The copyright holders should count themselves fortunate.

    It is a self serving argument that some of google's cash belongs to me because they use my documents. Google drives people looking for your data to you. If you don't want this service that is done for you for free, then you can opt out at any time.

  46. duh! by dna_(c)(tm)(r) · · Score: 1

    let alone how to use google.

    Those MS types don't use that IP pirating, copyright infringing evil empire's so called "search engine". No sir. Did you notice that those evildoers copied the original, innovative look and feel that msn search has pioneered since several weeks?

  47. ouch! by rilister · · Score: 2, Funny

    "Competition is heating up between Google, the world's dominant search engine, and Microsoft, which recently entered the Web search market."

    OUCH! That's gotta hurt...

    --
    'This writing business. Pencils and what-not. Over-rated if you ask me. Silly stuff. Nothing in it' - Eeyore
  48. How would you stop it? by SanityInAnarchy · · Score: 1

    Just what, exactly, do they expect Google to do with YouTube? Screen submissions by hand?

    --
    Don't thank God, thank a doctor!
  49. You are correct. by WindBourne · · Score: 1

    And the next time that I need a spelling lesson from 40 years ago, I will look you up or at the least, think of you. In the mean time, this is the Internet and more specifically, this is /.. It would behoove you to get out of it what you can.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  50. DOS by David+Off · · Score: 1

    You forgot DOS which was a decompiled version of Digital Research CP/M for x86 that some guys sold to Bill Gates for 50 grand. The whole Microsoft edifice is built on stolen IP.

  51. Re:Content is not the holy grail it's made out to by zotz · · Score: 1

    "and published their content online, Google would be swamped with free books."

    1. Google goes into publishing business.
    2. Google announces it will only publish copyleft books.
    3. ???
    4. Profit.

    (??? might be puts ads on each page of the books which are online and pays the authors...???)

    Hey, google and a slashdot business model. Does it get any better than that?

    all the best,

    drew

    http://www.youtube.com/results?search_query=zotzbr o&search=Search

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  52. Mosaic question, please answer by Anonymous Coward · · Score: 0
    How about MSIE itself. they cut a deal to pay the mozaic group spin-off a .01 / each one sold and then embedded it (i.e. the company got SQUAT).

    So how does that work, given that MS have stated in court that IE is an essential part of the operating system, and they sell the operating system for a lot of money?

  53. From the mouth of Belgarath by Anonymous Coward · · Score: 0

    All the books in the world are no good to you if they're all piled up in a heap.

    Google is doing what the librarian did for paper books: tells you where the information you want lies.

  54. Re:Google News Guilty of Copyright Violation by Kalriath · · Score: 1

    Oh god, Copiepresse. Biggest pack of fucktards EVER. "You are allowed to drive people towards our websites and increase our readership, but you must PAY us for the priviledge of increasing our profits by increasing our readership. And no, that whole robots.txt thing isn't good enough, we should not have to go to an effort to stop your automated crawlers from seeing our site. We require money. Per click. In fact, pay us if someone even breathes in the direction of our member agencies."

    Copiepresse executives need to go fuck themselves.

    --
    For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  55. They're right by nightfire-unique · · Score: 2, Insightful

    The copyright law in the US is pretty old school.

    On behalf of all Canadians, I invite you guys to move your great company to Toronto, Vancouver, or better yet, Montreal! We have cheap labour here, strong liberty and privacy protections, a great communication network, and best of all: modern copyright laws (which deal relatively well with the Internet).

    Plus, hint, hint, executives, you won't get arrested under some random new anti-porn/gambling/freespeach law-of-the-day!

    --
    A government is a body of people notably ungoverned - AC
  56. What are your privacy laws like? by cheros · · Score: 1

    No, not for pr0n (grin), for banking and crypto apps. In the UK there's a law called Regulation of Investigative Powers Act which will eventually allow the Gov to ask for data under warrant, but without any obligation on their part to keep it safe.

    I've come up with a solution for that, but setting up a company in Canada may be another approach. And you speak more languages :-)

    I've dealt with a fair number of Canadians and found them very pleasant (and their English accent is in most cases superb :-).

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  57. Cut down the tall poppies by JoGlo · · Score: 1
    It's always amazed me how different cultures behave. Here we have a group of people talking of the major company's as being "evil".

    Well, although some of all companies (and peoples) behavior could be defined as "evil", I very much doubt the wisdom of branding a whole on going business concern, that abides by most of the laws, pays its taxes, and competes robustly, as "evil".

    Groups who manufacture and sell illegal drugs could be branded as evil.

    People who swindle little old ladies out of their homes are, IMO, evil.

    People who abuse small children are evil.

    Some would say that politicians, lawyers, and used car salesmen, as a class, are evil.

    But corporate entities? In my country, we have something called the "Tall Poppy Syndrome", which, I believe, we are seeing here. It's the desire for the Tall Poppies - the ones that lead the pack, show out in a crowd - to be pulled down to our level.

    So, how about leaving the "evil" tag for the ministers of religion and the media, and accept that what we are talking about is the tall poppies in the industry.

    --
    Will those of you who think that you know what you are doing, get out of the way of those of us who know what we are doi
    1. Re:Cut down the tall poppies by scum-e-bag · · Score: 1

      Some would say that politicians, lawyers, and used car salesmen, as a class, are evil.

      Q: What's the difference between a used car salesman and a computer salesman?

      A: The used car salesman actually knows what he is selling you.
      --
      Does it go on forever?
    2. Re:Cut down the tall poppies by JoGlo · · Score: 0, Offtopic
      That is very true.

      Q: What's the difference between a lawyer and a bucket of shit?

      A: The bucket!

      --
      Will those of you who think that you know what you are doing, get out of the way of those of us who know what we are doi
  58. Bill Gates' Brave Fight by owidder · · Score: 1
  59. To expand a bit... by rewt66 · · Score: 1
    I am a content creator. I can put my stuff on the web or not - my choice.

    If I put it on the web, I can let Google index it (just send them the link, or have anybody else link to it), or I can prevent them from indexing it (robots.txt and/or (not send them the link + not let anybody link to it)). Thing is, if I choose the second route, nobody sees my page. Ever.

    And if nobody's going to ever see it, why did I put it on the web? I want people to see my stuff - that's why I put it out there!

    What Microsoft really wants to do is erect a toll booth and charge for what Google is doing for free. But if they succeed, they're going to put the brakes on the use of the Web.

  60. A new thought, kill Google with copyright by mlwmohawk · · Score: 1

    Google is a great company with a lot of really good technology. Their search engine is the base of their business. It is their funding and their "shoe in the door" for other business.

    Microsoft can't beat them.

    So, create a semi-plausible legal argument that your competitor is somehow breaking the law. Come out with full guns.

    This is such an utter and complete exploitation and perversion of copyright law it makes me sick. Why oh why, can't BillG and crew have a fateful day and a bad plane crash because of bad weather or something. Truly disgusting people unfortunately never seem to die in accidents. They seem to live long and despicable lives wreaking havoc in their wake.

    I am so sick and tired of so many of these f&%ks gaming the legal system with mind bending interpretations laws in an effort to circumvent freedom and commerce.

  61. Oh please, come down from your high horse. by jotaeleemeese · · Score: 1

    I think we can contextualize the world evil in regards to companies and their actions, but thank you very much for patronizing us.

    In the context in which we are talking about, a pattern of dishonest, immoral and even illegal actions can be classed as evil.

    --
    IANAL but write like a drunk one.
  62. Mind your language. by jotaeleemeese · · Score: 1

    Chossing to pay a fine instead of adjust bussiness practices is not just an ethical choice.

    Here where I live it is called "to brake the law".

    Some folks should remember that MS has done this in several occassions and they do not show any regret or have ever apologized.

    They will not stop until they are punished for real, not only middly reprimanded.

    --
    IANAL but write like a drunk one.
    1. Re:Mind your language. by phoenixwade · · Score: 1

      I agree, Actually. Make them pay a real fine, do real damage, make it so that the bad behavior is changed. breaking them up into three or four companies (one that does the OS, another that does Software like Office, and a third for internet services, for example) a few years ago would have sent a real signal. Or the DOJ could have restricted them from competing at all in some areas for some length of time (pulling IE off the market, for example) would have corrected the behavior.

      Hell, making them keep to the terms of the results of the suit would have helped. I think the number one reason I support OSS is for this reason. Red Hat isn't going to be able to pull this kind of thing with Linux, people will just move to a new Distro, oh, wait, they did.....

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.