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Microsoft Responds to EU With Another Question

An anonymous reader writes "Microsoft has responded to the latest round of EU requests by asking how much the EU thinks they should charge for Windows Server Protocols. The EU has stated the Microsoft should charge based on 'innovation, not patentability' and that they have 'examined 160 Microsoft claims to patented technologies' concluding 'only four may only deserve to claim a limited degree of innovation.' The EU is also starting to discuss structural remedies as opposed to the behavioral remedies they are currently enforcing. At what point has/will the EU overstepped its bounds?"

545 comments

  1. Publish or Perish by Anonymous Coward · · Score: 0

    Publish them all! No unpublished protocols.

    1. Re:Publish or Perish by ShieldW0lf · · Score: 3, Insightful

      It is only by the mandated rules of the government, speaking with the voice of all the people, that Microsoft has any rights to charge people for this at all.

      It is only by the mandated rules of the government(s) that their money has any value period.

      The EU cannot overstep their mandate where Microsoft is concerned.

      --
      -1 Uncomfortable Truth
    2. Re:Publish or Perish by Anonymous Coward · · Score: 1, Insightful

      Good for me. Then Microsoft will perish.

      If they lose the EU, then Linux *will* fill the void. If it does, then Microsoft's competition in the US gets a lot stiffer.

      I am same AC as top of thread.

    3. Re:Publish or Perish by Xanius · · Score: 1

      I'm not sure, the threat may be big enough that the companies in the EU start to call for the EC to back off. The amount of money lost in the short term would be too much for the companies to see to the amount saved by switching to linux.

    4. Re:Publish or Perish by Yvanhoe · · Score: 2, Insightful

      The EU cannot overstep their mandate where Microsoft is concerned.

      Well considering that software patents are forbidden in EU, I don't see why EU should take the number of patents MS owns as a metric for innovation.

      That sounds benign, but I think a lot of people fail to see the reach of this claim : an expert EU commission just stated that the number of software patents is completly uncorrelated to the amount of innovation a company carries. If investors and shareholders finally manage to understand this, the patent system could fall.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    5. Re:Publish or Perish by ShieldW0lf · · Score: 1

      Considering that is also part of their mandate, isn't it?

      --
      -1 Uncomfortable Truth
    6. Re:Publish or Perish by ddimas · · Score: 1
      MS Should just nullify all EU licenses and see how long they bitch and moan about this stuff. Pull everything from the shelves and say piss off.


      You are talking about the body that gives MS licences the force of law in the EU. If MS did that how long do you think it would take the EU to size the rights to, and reverse engineer Vista? More importantly, how do you think that MS would respond to warrants for the arrest of all it's senior management being issued by INTERPOL? (The US is signatory).

    7. Re:Publish or Perish by KingMotley · · Score: 1

      You are talking about the body that gives MS licences the force of law in the EU. If MS did that how long do you think it would take the EU to size the rights to, and reverse engineer Vista? Seize the rights to what? You mean the software that is protected by copyright? Assuming the EU ignored this minor fact, you'd see Vista era stuff in 2020.

      More importantly, how do you think that MS would respond to warrants for the arrest of all it's senior management being issued by INTERPOL? (The US is signatory). On what grounds? It is not illegal to pull your products from a region that isn't profitable.
    8. Re:Publish or Perish by the_womble · · Score: 1, Informative

      Copyright exists by government mandate.

      It can therefore be withdrawn by government mandate.

      If the EU says "we ought to punish this company, but it is too powerful for us to tangle with", then it completely undermines the EU's credibility as a government and regulator of companies.

    9. Re:Publish or Perish by 644bd346996 · · Score: 4, Insightful

      If MS decided to skip town (continent, actually) just because the court room hearings were getting rough, it would be quite sensible for the EU to freeze all their assets and issue warrants for the arrest of the executives. Once you start thinking of Microsoft as organized crime, it gets a lot easier to decide what to do with them.

    10. Re:Publish or Perish by utnapistim · · Score: 1

      If investors and shareholders finally manage to understand this, the patent system could fall.

      Nope. The investors maybe (to a degree), but the shareholders? They're not in it for the innovation but for the money. However broken the patents system may be, it apparently encourages the making of money (for the patent holder).

      If anything, I'd bet on the shareholders flocking to MS because they hold the patents.

      --
      Tie two birds together: although they have four wings, they cannot fly. (The blind man)
    11. Re:Publish or Perish by maxwell+demon · · Score: 1

      On what grounds? It is not illegal to pull your products from a region that isn't profitable.

      Isn't it illegal to nullify a license you sold if the owner of that license did nothing wrong?
      --
      The Tao of math: The numbers you can count are not the real numbers.
    12. Re:Publish or Perish by TheRaven64 · · Score: 2, Interesting

      Well considering that software patents are forbidden in EU This is not entirely true. Software patents are not uniformly forbidden in the EU. It is up to member countries to decide on their validity. In the UK, we now have a clear government statement on the issue, indicating that they are not, and will not be, valid. In other countries, this may vary.
      --
      I am TheRaven on Soylent News
    13. Re:Publish or Perish by init100 · · Score: 2, Informative

      Software patents are not uniformly forbidden in the EU. It is up to member countries to decide on their validity.

      Exactly. Since the CII (Computer-Implemented Inventions) directive (a.k.a. software patent directive) was voted down, there has been no harmonization between the countries. The EPC (European Patent Convention) forbids patents on software "as such", but in certain countries they are allowed if combined with a computer (just like in the US, IIRC). In Sweden, where I live, it appears that software patents are valid. Patent och Registreringsverket (the equivalent of the USPTO) states:

      Vilka datorprogram kan patenteras?
      När det gäller datorprogram får man inte patent på programmet i sig utan på kopplingen till den tekniska lösningen, alltså den funktion, metod eller process som blir resultatet av programmets körning i datorn.

      Man kan även få patent på program som styr fysiska processer eller som behandlar fysiska signaler, eller program som styr kommunikation. Datorprogram som styr operativsystem kan patenteras.

      Which roughly translates into:

      Which computer programs can be patented?
      Computer programs cannot themselves be patented, rather the patent covers the connection to the technical solution, that is the function, method or process that results from executing the program in the computer.

      You can also patent programs that controls physical processes or (programs) that processes physical signals, or programs that controls communication. Computer programs that control operating systems can be patented.

    14. Re:Publish or Perish by 99BottlesOfBeerInMyF · · Score: 1

      Seize the rights to what? You mean the software that is protected by copyright? Assuming the EU ignored this minor fact, you'd see Vista era stuff in 2020.

      Intellectual property rights include trademarks, copyrights, and patents. If the EU "confiscated" those rights because of criminal acts on the part of MS, then they could either give those rights to a newly formed competitor to MS, or make them public domain. MS certainly would not be able enforce their copyrights to stop free copying and use of Windows, since as criminals on the run they would have no standing. Many other countries might, in fact, agree with the EU that the rights had been legally transferred to the EU, thus providing the same result in those other countries (many of whom are less than please with both the US and MS to start with) and making software from the American MS the copyright violator.

      On what grounds? It is not illegal to pull your products from a region that isn't profitable.

      Actually, that would be a criminal act of antitrust abuse. That is, of course, ignoring the fact that they would be violating legal contracts with literally thousands of international corporations who would file suit in the US and elsewhere suing MS into oblivion.

    15. Re:Publish or Perish by EvilRyry · · Score: 1

      On what grounds? It is not illegal to pull your products from a region that isn't profitable.

      Isn't it illegal to nullify a license you sold if the owner of that license did nothing wrong?
      Suppose that would depend on the conditions of the license. In any case, pulling out of a major market completely would seriously shake every government and business' faith in Microsoft. They will not and cannot afford to pull out of the EU, it would be the undoing of MS.
    16. Re:Publish or Perish by EdelFactor19 · · Score: 1

      as much as I hate MS, that is absurd. The EU is definately overstepping when it decided how many of the patents are "innovative" if they werent innovative then they shouldnt be granted and should be nullified. If thats the way the EU is going to treat businesses watch as people stop doing business with them. Whenever the EU decides you are being too profitable you are saying they have the right to tell youwhat to do?

      not correct at all. frankly they dont need to governments right to charge anything. if the government didnt exist they would charge in some other means. secondly they dont have to charge in the EU's currency either. And guess what microsoft doesn't have to sell or give you their products either. and you don't have to buy them.

      Do you even understand how capitalism works?
      whats more sad is that people think your claims are insightful when they are shortsided, and overly simplified.

      what about next week when the EU decides that you are no longer allowed to charge more than 1 penny for your work. have they over stepped their bounds yet? if you dont think so, then I think you either dont understand rights, or you are a moron and i'd like to do business with you so i can abuse the fact that you don't understand rights at all.

      I despire MS, but the EU can definately overstep their bounds and arguably doing it already.

      --
      "Jazz isn't dead, it just smells funny" ~Frank Zappa
      EdelFactor
    17. Re:Publish or Perish by Yvanhoe · · Score: 1

      Okay, I'll go deeper into details. The European Patent Office is regulated at the EU level. According to the European law, it cannot deliver software patents, algorithms are considered as "mathematical formulas" and can't be patented while programs themselves have other protections meanisms : copyright laws. The law is fairly clear.

      But the EPO still delivers plain software patents. Usually you have to disguise them using the gimmick you describe. I know this also works in France. But it is interesting to note that nobody has ever used such a patent in a court of law. Legal opinions are divided, a lot of people think that these patents couldn't stand up in court.

      To my opinion, these kind of paradox are symptomatic of the European heavy bureaucracy.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    18. Re:Publish or Perish by Zombywuf · · Score: 1

      The patents shouldn't have been granted, and that's what the EU is saying. It's not complicated. You might also want to try starting your sentences with a capital letter.

      --
      If you can read this you've gone too far.
    19. Re:Publish or Perish by init100 · · Score: 1

      The European Patent Office is regulated at the EU level.

      Umm, no. The EPO is not an EU body, and cannot be regulated by the EU. The EPO was founded when the EPC was signed, and the set of countries that have signed the EPC is not the same set of countries that are members of the EU.

  2. Never by Anonymous Coward · · Score: 0

    Never if it means they are protecting the industry, consumers and future innovation

  3. At what point? by vivaoporto · · Score: 4, Insightful

    Q: At what point has/will the EU overstepped its bounds?
    A: Is it really necessary that every Slashdot summary ends with a very polarizing question?

    1. Re:At what point? by hellfire · · Score: 1

      Well, what question should the editors ask?

      --

      "All great wisdom is contained in .signature files"

    2. Re:At what point? by vivaoporto · · Score: 3, Insightful

      Do they really need to ask anything?

    3. Re:At what point? by Anonymous Coward · · Score: 0

      It's so we can give one-word answers in the tags. Except this isn't a yes/no question, so I'm really not sure what to say.

    4. Re:At what point? by bill_mcgonigle · · Score: 1

      A: Is it really necessary that every Slashdot summary ends with a very polarizing question?

      I'm not sure which is worse - the editors egging on the readership with polarizing questions to improve page views or the readership not getting it. I guess we'll have to rule in favor of the editors - if they've got people willing to play the game, they only stand to lose by not playing it.

      That is to say, if you don't want a certain behavior, ignore it, don't reward it. Works for two year olds and slashtrolls anyway.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    5. Re:At what point? by realkiwi · · Score: 5, Insightful

      I think that is for EU citizens to decide.

      At what point should the EU government stop protecting its citizens from a convicted monopolist? Is probably a better question.

      --
      realkiwi
    6. Re:At what point? by Frankie70 · · Score: 3, Funny


      A: Is it really necessary that every Slashdot summary ends with a very polarizing question?


      Nope. That it end with a stupid question is neccessary. The stupid question may
      or may not be polarizing.

    7. Re:At what point? by xENoLocO · · Score: 2, Funny

      Does anybody need to ask anything?

      --
      "The need to build the internet comes from something inside us, something programmed... something we can't resist."
    8. Re:At what point? by Anonymous Coward · · Score: 0


      Q: At what point has/will the EU overstepped its bounds?
      A: Is it really necessary that every Slashdot summary ends with a very polarizing question?

      AQ: Is it really necessary that every Slashdot summary ends with a very polarizing question?
      AA: Is it really necessary that an opening post should contain a very polarizing question?

    9. Re:At what point? by Anonymous Coward · · Score: 0

      Q: At what point has/will the EU overstepped its bounds?
      A: Is it really necessary that every Slashdot summary ends with a very polarizing question?


      Q: Is it necessary?
      A: Are you new to Slashdot?

      Q: Is it necessary to answer to questions?
      A: Who knows the answer?

    10. Re:At what point? by Nuffsaid · · Score: 5, Funny

      Would everybody please stop answering questions with other questions?

      --
      Nuffsaid
      ________

      Don't know about his cat, but Schroedinger is definitely dead.
    11. Re:At what point? by bheekling · · Score: 1

      How about

      "How can we make this story more controversial?"

      --
      "..."
    12. Re:At what point? by mulvane · · Score: 5, Funny

      What would you prefer we respond with?

    13. Re:At what point? by Anonymous Coward · · Score: 0

      How about 'already'?

    14. Re:At what point? by Knuckles · · Score: 1

      Q: At what point has/will MS overstepped its bounds?

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    15. Re:At what point? by Timesprout · · Score: 4, Funny

      Something rhetorical?

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    16. Re:At what point? by Soruk · · Score: 0, Troll

      The answer to that, of course, is "never". It'll be about time the EU does something useful to its member-state citizens.

      --
      -- Soruk
    17. Re:At what point? by Hassman · · Score: 1

      A: When a court of law has decided MS has.

      --
      -Mark
      Dovie'andi se tovya sagain.
    18. Re:At what point? by Wite_Noiz · · Score: 2, Funny

      Is this a private game, or can anyone join in?

    19. Re:At what point? by h2g2bob · · Score: 2, Interesting

      A: When the court of law decided MS had.

      Fixed that for you

    20. Re:At what point? by QuickFox · · Score: 3, Funny

      You mean like a rhetorical question?

      --
      Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
    21. Re:At what point? by QuickFox · · Score: 1

      Why do you ask?

      --
      Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
    22. Re:At what point? by Workaphobia · · Score: 1

      > "Is it really necessary that every Slashdot summary ends with a very polarizing question?"

      No, it is not. The question may be rhetorical instead.

      What's required is that the question elicits an immediate and resounding answer from each individual who reads it. If almost all readers happen to agree on their answer, than the question was rhetorical. If not, than it was polarizing. In either case, you have the illusion of intelligent discourse, thereby justifying the editor's selection of the article.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    23. Re:At what point? by polar+red · · Score: 1

      polarizing ? I would think it's rhetorical question. The answer is clear: the Eu is elected, so it has any power it wants over a non-elected institution(MS).

      --
      Yes, I'm left. You have a problem with that?
    24. Re:At what point? by Red+Flayer · · Score: 1

      A: Is it really necessary that every Slashdot summary ends with a very polarizing question?
      Yes. If it didn't end with a question, how would we know what issue to direct our comments to?

      I mean, this article, if summarized without that question, might lead to people discussing the merits of Microsoft's question, when it's rather obvious to the editors that what needs to be discussed is whether the EU represents unwonted goverment interference in a capitalist economic system. By properly addressing the question given, we can all rest assured that the question of what level of goverment interference into economic systems is finally answered, in this article's comments.

      We can also be assured that since the question is phrased so nicely, there will be no vitriolic comments between proponents of unfettered free trade and proponents of government 'moderation' of corporate activity.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    25. Re:At what point? by dna_(c)(tm)(r) · · Score: 1

      I don't need to answer that, do I?

    26. Re:At what point? by nine-times · · Score: 1

      In which way is the EU in danger of overstepping their bounds? The EU is largely an economic union-- aren't they expressly given the power to regulate commerce in this way? If so, then they can exercise bad judgment here, but they can't overstep their boundaries.

      What I mean is that government is a bit like a private contractor with the constitution as the contract; they've been contracted by the people in their member states to do a job, and authorized by those citizens, they cannot break any boundaries so long as they are acting within the contract and only legislating within their own jurisdiction. Even if they're "going too far" and making a mistake, they've been given power by the people to make these decisions and haven't overstepped their bounds.

      The reason I say this is only because I really don't know what your post means. I'm afraid you might have in mind that Microsoft has some inalienable right to manipulate European markets in ways that Europeans don't like. At least, that's what I'm imagining you're thinking, but I really don't agree with that.

    27. Re:At what point? by Anonymous Coward · · Score: 0

      at which point does the eu stop being a bunch of communists and step out of private enterprise? Is that better for ya?

    28. Re:At what point? by nharmon · · Score: 3, Funny

      What is a rhetorical question?

    29. Re:At what point? by iainl · · Score: 3, Funny

      What do you think one is?

      --
      "I Know You Are But What Am I?"
    30. Re:At what point? by davelissa · · Score: 1

      Come, come, now...when will this end?

    31. Re:At what point? by Stanistani · · Score: 1

      Eliza:
      What do you mean by point?

    32. Re:At what point? by D4rk+Fx · · Score: 1

      Is it really necessary that every Slashdot summary ends with a very polarizing question?
      Oh come on. This is slashdot! You're lucky if most of the people here read the entire headline before posting, let alone expecting them to make it through the entire summary!
    33. Re:At what point? by number1scatterbrain · · Score: 1

      Haven't you guys been listening to Al Gore? The polar isn't icing, it's de-icing! Wake up and smell the carbon dioxide!

      --
      Remember the future...
    34. Re:At what point? by gEvil+(beta) · · Score: 1

      Isn't that when you ask a question but don't really expect an answer?

      --
      This guy's the limit!
    35. Re:At what point? by Wite_Noiz · · Score: 1

      Are you purposefully being difficult?

    36. Re:At what point? by karolgajewski · · Score: 3, Funny

      Are we using the EU definition of a rhetorical question or the Slashdot Natalie Portman definition of a rhetorical question?

      --
      - .k. -
    37. Re:At what point? by sconeu · · Score: 2, Funny

      And Clive Anderson (or Drew Carey) buzzes in ending the game.

      One thousand points to Greg Proops!

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    38. Re:At what point? by ZOmegaZ · · Score: 1

      Does that bother you?

    39. Re:At what point? by nospmiS+remoH · · Score: 1

      WTF?

      --
      !hoD
    40. Re:At what point? by ickoonite · · Score: 4, Funny

      Would it not be a good idea to keep doing this to see if we can break Slashdot? How many levels deep can we go?

      iqu :P

    41. Re:At what point? by phoenix.bam! · · Score: 1

      Q: Have you stopped beating your wife yet?
      A: Of course. There would be no other way for the editors to differentiate the dupes.

    42. Re:At what point? by tjwhaynes · · Score: 1

      A: When the EU space programs drops a Nuke on Redmond. That might be considered excessive.

      --
      Anything I post is strictly my own thoughts and doesn't necessarily have anything to do with the opinions of IBM.
    43. Re:At what point? by DrSkwid · · Score: 1

      I think you would find that the citizens would say that the state had overstepped its bounds if there was zero tolerance on every crime on the statute.
      Police states may be legal but to say "if you respect the law a police state should suit you fine" would be beyond most people's tolerance.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    44. Re:At what point? by maxwell+demon · · Score: 1

      Could it be that you just asked two questions at once, thus breaking the scheme?

      --
      The Tao of math: The numbers you can count are not the real numbers.
    45. Re:At what point? by imaginieus · · Score: 1

      Will the tables or the database break first?

    46. Re:At what point? by Anonymous Coward · · Score: 0

      It's probably about the same point at which the US Government stopping being a bunch of faggots and doing something about Microsoft abusing the American people and businesses!

      You might say that the American government are not a bunch of faggots just as I would say that the EU commission is not a bunch of communists but the American government are a bunch of faggots because they seem to have Bill Gates shoved so far up their backsides they are afraid to do anything about him or his company in case they rupture something, ie their bank accounts.

      Now, since when is protecting your people and businesses from an unscrupulous company been communism? Maybe it would be a good idea if you actually read up what communism is before accusing people of being it!

    47. Re:At what point? by gator_brad · · Score: 1

      Well, this isn't an argument?

    48. Re:At what point? by Kadin2048 · · Score: 1

      A: When a court of law has decided MS has.

      So .... November 5, 1999?

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    49. Re:At what point? by Barryke · · Score: 1

      would we be the first to try?

      --
      Hivemind harvest in progress..
    50. Re:At what point? by Watson+Ladd · · Score: 2, Funny

      Can we go one more?

      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
    51. Re:At what point? by yellowalienbaby · · Score: 1

      Why not make it two?

      --
      Darwin Hawking Blackmore
    52. Re:At what point? by roman_mir · · Score: 1

      What's a truck?

    53. Re:At what point? by nine-times · · Score: 1

      I think most citizens would not think the state had overstepped its bounds if it enforced all laws to the letter/intent of the law. If citizens would be bothered by the state enforcing the laws it has been contracted to enforce, then that state has bad laws.

    54. Re:At what point? by bgarcia · · Score: 1

      Would two be enough?

      --
      I'm a leaf on the wind. Watch how I soar.
    55. Re:At what point? by FMota91 · · Score: 0

      Oh, really?

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C1 bottles of beer on the wall. Take one down, pass it round... Oh, umm...
    56. Re:At what point? by bakwas_internet · · Score: 1

      Do you really think that??

    57. Re:At what point? by MrCopilot · · Score: 2

      Who do you think you are, asking a question like that?

      --
      OSGGFG - Open Source Gamers Guide to Free Games
    58. Re:At what point? by Anonymous Coward · · Score: 0

      Like yours?

    59. Re:At what point? by TuringTest · · Score: 1

      I thought that was Jeopardy?

      --
      Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
    60. Re:At what point? by MaskedSlacker · · Score: 1

      Is it broken yet?

    61. Re:At what point? by nharmon · · Score: 1

      Do you want it to break?

    62. Re:At what point? by hszp · · Score: 1

      I just read "primitive" instead of "private":
      is this a primitive game, or can anyone join in?

    63. Re:At what point? by Shemmie · · Score: 1

      And what if I do?

    64. Re:At what point? by rizole · · Score: 1

      I suppose you'd prefer that all summarys end with a non-polarizing question.

    65. Re:At what point? by chenjeru · · Score: 1

      You mean a question meant less to elicit an answer and more to make an assertion?

      --
      Even if you're on the right track, you'll get run over if you just sit there. - Will Rogers
    66. Re:At what point? by Wite_Noiz · · Score: 1

      Oh, you play by those rules? ;)

    67. Re:At what point? by Ahnteis · · Score: 1

      What about the times we mock the editors for grammar, spelling, and factual errors?

    68. Re:At what point? by suv4x4 · · Score: 1

      Would it not be a good idea to keep doing this to see if we can break Slashdot? How many levels deep can we go?

      If the threading in Slashdot comments is implemented via MPTT (google it), then we may go on forever, and it'll run as usual (it won't break or slow down or anything at all).

    69. Re:At what point? by Karem+Lore · · Score: 1
      Not rhetorical, but definitely political

      Q: At what point has/will the EU overstepped its bounds?

      A: It can't! If a US company wishes to do business in the EU market then the US company must abide by EU law, just like an EU company has to in a US market (forget for a moment the startling US protectionism, and EU come to that). If the US government is able to force a recently merged European bank (admitedly into a US owned one) to close the bank accounts of citizens of Austria (after having 10 years history with the bank) merely due to the fact they were born in Cuba (now have dual nationality), one has to question US morality in business. http://news.scotsman.com/international.cfm?id=5728 22007

      I hope Microsoft get dragged through the EU judiciary and come out the other side as a subdued, and much more humble company. If it doesn't, the EU hasn't worked properly in this case. BTW, not only Microsoft, but Apple and its DRM; US and its far-reaching laws (meaning US based business must also adhere to US rules even when doing business outside US soil) need to be quashed...Immediately.

      Karem

      --
      When all is said and done, nothing changes...
    70. Re:At what point? by Anonymous Coward · · Score: 0

      Q: Is it really necessary that every Slashdot summary ends with a very polarizing question?
      A: Didn't you just answer a question with another question?

    71. Re:At what point? by jd · · Score: 1

      Q. Is it really necessary that every Slashdot summary ends with a very polarizing question? A. Yes. It's the sure-fire technique, developed over many years, to get people to post responses and not just click on the links. Haven't you noticed that the non-polarizing articles only get 50 or so replies, but the one that incite all-out flamewars can get several thousand?

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    72. Re:At what point? by TheCoop1984 · · Score: 1

      Eh? What the hell is going on here?

      --
      95% of all computer errors occur between chair and keyboard (TM)
    73. Re: At what point? by Dolda2000 · · Score: 1

      It may not be necessary, but I would still argue that it is good. I wouldn't be the first Slashdot reader to state that the best thing with Slashdot isn't the news itself, but the discussions that they generate. A question added by the editors, polarizing and/or stupid or not, does often serve as a bit of initiating flamebait for discussions.

    74. Re:At what point? by rm69990 · · Score: 1

      Why do slashdotters insist on using the word "convicted"? Convicted would mean that Microsoft would be found to be guilty of committing a crime under criminal law. I don't think it is even possible for a corporation to be convicted under criminal law.

      You can't be "convicted" in a civil lawsuit.

      http://www.google.com/search?hl=en&client=opera&rl s=en&hs=3Gp&q=define%3Aconvicted&btnG=Search

    75. Re:At what point? by ickoonite · · Score: 1

      Dude, are you like...British?

      iqu :P

    76. Re:At what point? by Anonymous Coward · · Score: 0

      At what point? Since the EU is now viewing MS's "clean the books" stance on lawsuits as them becoming the EU's new sugar-daddy, it's going to end at the same point every extortion racket ends: either the mark runs out of money, or refuses to pay any longer.

      The saddest thing is how the "free software" people are leading the charge on this governmentally sanctioned extortionism. For people seeking freedom, this is sure an idiot way of accomplishing it. In fact, it seems exactly like in the USA, how libertarians are gleefully supporting thoroughly corrupt neofascists.

    77. Re:At what point? by The_Wilschon · · Score: 1

      You have failed to draw a distinction between polarizing stories and stories which, whether or not they are polarizing in their own right, end with a polarizing question. Two different things, and the difference is important.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    78. Re:At what point? by jd · · Score: 1
      Since the questioner isn't isolated from the system, if the question is a polarizing one, the questioner must themselves be drawn to one pole or the other. (This is opposed to a merely hotly debated subject, where the initial gap in opinions is huge and may remain huge, but no poles exist and an equilibrium that is also a majority opinion will eventually form. Such a debate is the "ideal" in Classical science, although it almost never happens and is virtually extinct from all modern debate.)

      If the questioner is polarized, then the posting can only be overtly or covertly antagonistic to those of the opposite pole. If there is a question that is clearly a dig at the other side, then it's pretty overt. Otherwise, there's an excellent chance that the dig is still there but is worded too well to be clearly seen.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    79. Re:At what point? by Anonymous Coward · · Score: 0

      The question implies that the EU has tried to discuss prices on proprietary protocols elaborated by a commercial company in the first place. That is the wrong question.

      Protocols and file formats used in egovernment cannot be commercial and officially mandated by a democracy that is worth more than two dimes in its own eyes (never mind in onther's). Thus the correct question to be asked by the EU would have been 'How do you intend to become compliant with publically recognized, open and free protocols and file formats which we use and mandate ?'.

      As to which protocols exactly are to be free and mandated and all that, there is a wide choice of them. They have one thing in common: THEY ARE NOT COMMERCIAL, NOR ARE THEY BURDENED BY PATENTS. Expecting a company (more exactly a convicted monopolist who has made himself a name by elaborating and imposing ever-changing competition-crippling protocols and formats for over 20 years) to play along nice in the very field that has led them to supremacy in desktop IT is like fighting the tide with a stick. Just how long does it take for some Eurocrats to take a hint ?!

    80. Re:At what point? by TheCarp · · Score: 1

      We are CLEARLY using the hot grits standard as published on goatse.cx

      --
      "I opened my eyes, and everything went dark again"
    81. Re:At what point? by Anonymous Coward · · Score: 0

      I think that is for EU citizens to decide.
      Remembering back to how American's treated the opinion of the rest of the world during the last presidental election... STAY OUT OF EUROPEAN BUSINESS YANKY FUCKERS! :-)

    82. Re:At what point? by Walter+Carver · · Score: 1

      None of these are actually a question. It's an opinion with a question mark on the end.

    83. Re:At what point? by Godji · · Score: 1

      Maybe someone should try?

    84. Re:At what point? by hicksw · · Score: 1

      A stupid question is better than a stupid answer.
      --
      How much easier it is to be critical than to be correct.

    85. Re:At what point? by shoolz · · Score: 1

      Why wouldn't this be a good idea?

    86. Re:At what point? by descubes · · Score: 1

      Was this a rethorical question?

      --
      -- Did you try Tao3D? http://tao3d.sourceforge.net
    87. Re:At what point? by The_Wilschon · · Score: 1

      So, in short, we have:

      Q. Is it really necessary that every Slashdot summary ends with a very polarizing question?
      A. No. Writing polarizing /. summaries is the sure-fire technique, developed over many years, to get people to post responses and not just click on the links. Haven't you noticed that the non-polarizing articles only get 50 or so replies, but the one that incite all-out flamewars can get several thousand? This technique works whether or not the polarizing summary actually ends with a very polarizing question, so the polarizing question itself is in fact not necessary.

      This seems to be what you are saying, and expresses a little bit more clearly what I meant about you not drawing a distinction between polarizing questions appearing at the end of summaries (which was the subject of the original poster's "Q.") and polarizing summaries (which seem to be the primary subject of all of your posts in this thread).

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    88. Re:At what point? by jd · · Score: 1
      (Hides. I've been found out for mis-phrasing!)

      Trans: Yes, that's what I meant.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  4. Too late... by MarkAD88 · · Score: 0, Flamebait

    The EU has already overstepped their bounds. No government should be allowed to tell a company what it is they can charge for a product nor whether their individual products are "innovative" or just "patentable".

    Forget the fact that the entire process is a blatant example of socialism, it's just purely one-sided and I believe that no matter what Microsoft does at this point the EU will just continue to abuse this implied authority that they've been granted until they can drive Microsoft off their shores or make all of the products free in EU.

    1. Re:Too late... by Anonymous Coward · · Score: 0

      I wish I had mod points, you'd get an "insightful".

    2. Re:Too late... by Anonymous Coward · · Score: 2, Informative

      That is a ridiculous statement. Microsoft is the one over stepping the bounds. A company is an artificial construct that is licensed to do business by a government. Hence the business has a duty to follow the legal rules.

    3. Re:Too late... by Anonymous Coward · · Score: 2, Interesting

      So you agree with the statement that the government should be able to tell companies what to charge for their products?

    4. Re:Too late... by Anonymous Coward · · Score: 0

      Yet the same government should have a duty of enshuring the product isn't use^H^H^Hcopied without permission?

    5. Re:Too late... by Anonymous Coward · · Score: 1, Insightful

      Forget the fact that the entire process is a blatant example of socialism

      No, the existence of patent monopolies in the first place is a blatant example of corporate welfare. The EU shouldn't fine microsoft - it should simply definitively abolish patents in the EU and restore free-market competition. While patents exist, free markets don't.

    6. Re:Too late... by Cygfrydd · · Score: 1

      Flamebait, perhaps, but no more so than any other opinion expressed on Slashdot... and it doesn't make it any less true.

    7. Re:Too late... by KokorHekkus · · Score: 3, Insightful

      The EU has already overstepped their bounds. No government should be allowed to tell a company what it is they can charge for a product nor whether their individual products are "innovative" or just "patentable"
      If the government hadn't granted the companies certain rights (protection of copyrights, patents and trade secrets) the companies would have almost nothing to protect. It's highly absurd to say that a government should have no say whatsoever when it comes to limiting the very rights they themselves have bestowed. You can't both have a cake an eat it.
    8. Re:Too late... by ILikeRed · · Score: 5, Informative
      Innovative and patentable APIs?!? Oh, you mean like Microsoft's version of Kerberos - great patent application there.

      From the US DOJ finding that Microsoft purposefully breaks Kerberos interoperability.

      ----[quoting]----

      For example, Kerberos is an industry standard for encryption, in which certain fields are reserved for optional use. Microsoft, however, has used one of those fields to produce its own proprietary version of the standard. In itself, this is unobjectionable.

      Microsoft, however, has gone one step further: it has manipulated its operating systems and middleware so that they will use and accept only the Microsoft version of the Kerberos standard.(16) This is diametrically contrary to the purpose for which standards, even with optional fields, are developed. Optional fields are included in standards to enable firms to add information to a message. Ordinarily, if an optional field is used in creating standard messages, those messages can still be sent and received among all products that comply with the standard. In such cases, the information included in the optional field may simply be ignored. Optional fields are never, however, intended to enable a firm -- i.e., Microsoft -- to subvert the standard and preclude its widespread usage.(17)

      16. The CCIA explains that "[w]hile the Kerberos Version 5 Microsoft uses for their security services is a standard, the way they have implemented Kerberos is not a standard and renders it nearly inoperable with any other implementation." CCIA White Paper, supra, at 24.

      17. Not content with Microsoft's corruption of the Kerberos standard, Microsoft has filed for a patent on its proprietary version. Consequently, not only will Microsoft products fail to interoperate with non-Microsoft products (because of the modification), but Microsoft will not allow anyone else to use its version unless they purchase a license from Microsoft.

      --
      I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress -J Adams
    9. Re:Too late... by Short+Circuit · · Score: 1

      When one creates something, one must take responsibility for it. Setting rules for it seems like a logical measure.

    10. Re:Too late... by niiler · · Score: 5, Insightful

      I see that companies are sovereign powers now, and that they are able to do whatever whenever because it is their god-given right to earn money for the share-holders, yada-yada-yada. Give me a break. If MS doesn't like Europe's laws, they can go and try to sell their products elsewhere. Nothing guarantees them the right to make a profit.

    11. Re:Too late... by ericrost · · Score: 1

      I modded it so its only fair that I take the bait. How about the US oil market? How about "de-regulated" electricity?

      I'll take socialism over laissez-faire capitalism any day of the week. How's your heating bill?

    12. Re:Too late... by seriesrover · · Score: 1

      Flamebait - not in the slightest. Or is it because you don't agree with the opinion?

    13. Re:Too late... by ricree · · Score: 2, Insightful

      Hence the business has a duty to follow the legal rules.
      No one here is arguing that. We're arguing that these rules (if they actually give the EU the power it is claiming) seem to have some serious issues. Just because something is a law does not automatically make it right.
    14. Re:Too late... by ricree · · Score: 3, Interesting

      Sure, but I don't agree that a totally free market is the ultimate end goal that we should judge things by. Honestly, I'm not really sure what criteria would be best used as a measure, but I do believe that free markets are merely a generally good way to get there, not the end goal itself. As far as patents are concerned, I disagree that they are a bad thing. Besides the standard argument of protecting innovation, they also serve the important role of exposing most innovations to public record. Sure, the companies get a temporary monopoly, but once that time has expired we are left with all records of the innovations as a matter of public record. To my mind, that is a lot better than having to deal with a bunch of companies that hoard their trade secrets so that they never see the light of day.

    15. Re:Too late... by 99BottlesOfBeerInMyF · · Score: 4, Insightful

      The EU has already overstepped their bounds. No government should be allowed to tell a company what it is they can charge for a product nor whether their individual products are "innovative" or just "patentable".

      You do know this is part of a settlement for criminal activity right? You might as well argue that just because a cat food manufacturer put poison in their cat food, the government should not be allowed to mandate that they enact stricter testing measures as part of their punishment for breaking the law in the first place.

      Forget the fact that the entire process is a blatant example of socialism...

      Do you even know what socialism is?

      ...it's just purely one-sided...

      It's strange how the punishment phase of a convicted criminal is often one-sided isn't it? I mean how come car thieves have to go to jail and aren't really given anything positive, like a new motorcycle?

      ...no matter what Microsoft does at this point the EU will just continue to abuse this implied authority that they've been granted until they can drive Microsoft off their shores or make all of the products free in EU.

      The EU commission has very limited authority, but it does include stopping MS from breaking the same laws they stop everyone else from breaking. Once MS stops breaking the law, their complaints might have merit.

    16. Re:Too late... by Alien+Being · · Score: 5, Insightful

      "The EU has already overstepped their bounds."

      Indeed. By granting copyright and patent protection to MS, they have interfered with natural selection. Your argument is invalid because without government, there would be no such thing as patents.

      MS has abused its privileges. The people have a right to revoke them.

    17. Re:Too late... by Anonymous Coward · · Score: 0

      Take your strawmen elsewhere.

    18. Re:Too late... by Anonymous Coward · · Score: 0

      Off topic, I know, but what does this "^H^H^H^H^H^H (Ad Infinitum)" actually mean?

    19. Re:Too late... by jeffasselin · · Score: 1

      Your implication that socialism is "wrong" is funny and sad.

      The EU's bounds are its citizen's to decide. End of the discussion. If you're a EU citizen, then bringing your concerns to your duly elected local or federal representative through a petition, a letter, or a manifestation; as well as by voting against people you don't agree with is the proper way to act. Not by posting flamebait on Slashdot.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    20. Re:Too late... by cheese_lord · · Score: 2, Insightful

      Really. Abolish patents...

      By doing that you would basically eliminate free market, or at least damage it, because there would be no incentive to innovate. As soon as you designed some great product, say Slicedbread v2.1, some yahoo comes along and decides to copy most of your work and name it Slicedcheese v1.0. Because of this you would make less profit and are less motivated to work on your next project... Slicedmeat.

      Come to think of it you just reinforced the quote from the parent.

    21. Re:Too late... by shystershep · · Score: 1

      So you're saying that you're 'right' to breathe is just like a business entity's right to make money from a patent?

      <name of some famous sensationalist idiot> would be so proud of you.

      --
      The bigotry of the nonbeliever is for me nearly as funny as the bigotry of the believer. - Albert Einstein
    22. Re:Too late... by Bearpaw · · Score: 1

      You can't both have a cake an eat it.

      Well, I can't eat a cake that I don't have. But otherwise, it's a reasonable point. Corporations wouldn't exist without "government intervention". People against "government intervention" are usually just against the government intervention that they personally don't like. (Though some of the really creative ones will support exactly the same intervention as long as it only applies to their competitors.)

    23. Re:Too late... by Anonymous Coward · · Score: 0

      If you think 'incorporated' means the same thing for you and Microsoft, then I have a bridge between Manhattan and Staten Island to sell that you might be interested to buy.

    24. Re:Too late... by Anonymous Coward · · Score: 1, Informative

      This is the dumbest thing I've seen on Slashdot today. Microsoft is a convicted monopolist. How is it socialism for a government to attempt to find remedy against a company found to have abused its monopoly? If the government didn't do this then capitalism would stop functioning as key markets became monopolized over time. The EU's actions aren't socialism at all, they are practicing responsible capitalism.

    25. Re:Too late... by shystershep · · Score: 1

      Yes, yes, that second "you're" ought to be "your." Mea culpa grammar nazis.

      --
      The bigotry of the nonbeliever is for me nearly as funny as the bigotry of the believer. - Albert Einstein
    26. Re:Too late... by NMerriam · · Score: 5, Insightful

      eah, in fact my right to exist is granted by the government...Stalin would be so proud of you.


      If you're a company (ie, an artificial entity that exists only based on law and not any natural basis), then yes, you do exist solely by the legal grace of the real people in the jurisdictions where you conduct business.

      Considering Stalin was a communist, and large international megacorporations are generally somewhat capitalist, I think you may have to repeat 7th grade.
      --
      Recursive: Adj. See Recursive.
    27. Re:Too late... by MightyMartian · · Score: 1

      I've long said one way to make sure Microsoft behaves is to make it illegal for the company to break existing standards and protocols. Jail for Ballmer, fines of 20-50% of gross profits, that sort of thing, that would certainly change the corporation's behavior overnight.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    28. Re:Too late... by diegocgteleline.es · · Score: 2, Insightful

      The government shouldn't tell companies what to charge for their products, but they should ensure that companies can compete freely and make money.

    29. Re:Too late... by polar+red · · Score: 1

      The difference : the EU is ELECTED. MS is not, so : yes, the EU should be able to do anything to MS.

      --
      Yes, I'm left. You have a problem with that?
    30. Re:Too late... by everphilski · · Score: 1

      How's your heating bill?

      Around $100 for heating (water and air) and electricity, family of four, three computers, 2000 sq ft home.

      I'll take laissez-faire capitalism over socialism, thanks!

    31. Re:Too late... by polar+red · · Score: 1

      I'll bite : The material wealth created by the market is the means to ensure everybody gets a fair chance on happiness. So, market is by-product of our society.

      --
      Yes, I'm left. You have a problem with that?
    32. Re:Too late... by Yvanhoe · · Score: 5, Insightful

      The "issue" of this law would be that the EU commission doesn't accept the number of patents as a metrics for innovation ? Considering that software patents are not recognize in EU I only see a coherent decision and a good law.
      There are also laws in some EU countries about interoperability that aim at forbidding a company to abuse a dominant position to prevent third-party interoperability. Call it socialist if you will, but I only see this as a way to guarantee a free competition in a free market (an objective which is harldy socialist)

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    33. Re:Too late... by Anonymous Coward · · Score: 0

      Have you *read* a patent lately? Records of the "innovations" are worthless. As an engineer and programmer, I'll take my chances reverse-engineering any day.

    34. Re:Too late... by Anonymous Coward · · Score: 0

      For normal companies, no. For monopolies, yes.

    35. Re:Too late... by ricree · · Score: 1

      The difference : the EU is ELECTED. MS is not, so : yes, the EU should be able to do anything to MS.
      I see where you're coming from, but I'm not sure that this really follows from your premise. Just because a group is elected does not mean that we can't turn a critical eye towards what they are doing.
      I'm not saying that Microsoft is right here. I just think that we ought to be a little skeptical when a government starts trying to decide how much a company is allowed to charge for their product.
    36. Re:Too late... by adavies42 · · Score: 1

      The difference : the EU is ELECTED. MS is not, so : yes, the EU should be able to do anything to MS.

      The Godwinization writes itself....

      --
      Media that can be recorded and distributed can be recorded and distributed.
      -kfg
    37. Re:Too late... by Anonymous Coward · · Score: 0

      ^H is what people use when they don't know about ^W.

      kidding aside, typically in a UNIX shell:

      ^H delete one letter
      ^W delete one word

    38. Re:Too late... by QuickFox · · Score: 1

      what does this "^H^H^H^H^H^H (Ad Infinitum)" actually mean? Each ^H represents one backspace keystroke erasing one character. The ^ stands for the Ctrl key and the ASCII code Ctrl-H stands for backspace, hence the H. By extension ^W stands for "delete word", though this has nothing to do with ASCII control characters, it's just something people have added.
      --
      Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
    39. Re:Too late... by adavies42 · · Score: 1

      So democracy justifies oppression?

      --
      Media that can be recorded and distributed can be recorded and distributed.
      -kfg
    40. Re:Too late... by Rayonic · · Score: 1

      If the government hadn't granted the companies certain rights (protection of copyrights, patents and trade secrets)...

      Beyond that, the government sets up the patent system with certain rules. Microsoft applies for patents under those rules, and now the government suddenly decides "oh, well those patents aren't really *innovative*, you can't charge for those." Well why were the fracking patents granted in the first place then?

      And even beyond that, it just seems like this "innovation" rule is ripe for abuse and selective enforcement. If Microsoft's EU patents really are a problem, strip them away. None of this meddling bureaucratic bullshit. But I'm guessing the prosecution doesn't have a good enough case to strip away their patents outright.
    41. Re:Too late... by IdleTime · · Score: 1

      Yeah, let the all the great and good and decent companies produce whatever they want no matter how harmful it is. I guess you have to be American to understand that logic, but you are so used to getting ass raped by private companies that it probably feels natural for you.

      --
      If you mod me down, I *will* introduce you to my sister!
    42. Re:Too late... by rthille · · Score: 1

      The trouble is that Microsoft can't break existing standards. They can choose to implement them correctly or not. If they choose to implement them incorrectly, compliant implementations may not interoperate with them. But to say they may not implement software which complies with a standard is idiotic. It's nearly a free speach issue at that point.

      That said, I fucking HATE microsoft and I wish they'd had been destroyed years ago. But saying you can't implement a protocol however you want is silly. _Maybe_ it's a trademark issue, but certainly not more than that.

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    43. Re:Too late... by VWJedi · · Score: 1

      I've long said one way to make sure Microsoft behaves is to make it illegal for the company to break existing standards and protocols.

      Interesting... Since Microsoft has a monopoly in certain areas (or very nearly so), perhaps it should be treated like the other "state-endorsed monopolies", utility companies. That is to say, they can continue to do business (because shutting them down would be nearly as disruptive as shutting down the power company), but the government heavily regulates what they can and cannot do.

      (I'm not advocating it, but I think it's an interesting idea.)

    44. Re:Too late... by QuickFox · · Score: 1

      Yes, yes, that second "you're" ought to be "your." Mea culpa... It started so well, first an admission, then groveling in the end. So well expressed! And then...

      ...grammar nazis. "Nazis"? That's no groveling!

      Grammar gods to you, and don't you dare forget it!
      --
      Terrorists can't threaten a country's freedom and democracy. Only lawmakers and voters can do that.
    45. Re:Too late... by xappax · · Score: 3, Interesting

      ...and are less motivated to work on your next project

      So let me get this straight: In order to preserve the "free market", the government has to introduce special incentives to motivate people to produce useful stuff?

      Maybe I missed something in economics class, but I thought the whole point of a "free market" was that the market itself created the incentives, and that government distortion of those incentives leads to inefficiency...

      Of course, personally I think that intervention and tampering with markets can often be a good thing (by legitimate, functioning democratic institutions, not corrupt governments), I just had to point out that your own reasoning is contradictory: Patents are a distortion of a "free market", so abolishing them can't possibly jeopardize the freedom of said market.

    46. Re:Too late... by polar+red · · Score: 2, Insightful

      Just because a group is elected does not mean that we can't turn a critical eye towards what they are doing. Couldn't agree more, but if the people doesn't agree, they can always vote them out, which you can't with a monopoly.
      --
      Yes, I'm left. You have a problem with that?
    47. Re:Too late... by Capt+James+McCarthy · · Score: 1

      Governments do not tell a company what they can charge for a product. However, they will tell the company what they will pay for said product, no if, ands, or buts. Functions very closely to that of WalMart. One exception is if said company has powerful friends (congress, senate, etc..) then the price can be a little more negotiable.

      --
      There are no loopholes. It's either legal or it's not.
    48. Re:Too late... by Anonymous Coward · · Score: 0

      Well why were the fracking patents granted in the first place then? First : EU is not USA

      Second : The patent has been granted by a organisation in the USA

      Maybe the EU recognises something the USA still refuses to acknowledge : their patent-system has become harmfull to the very ones it was designed for : us.

      Protecting the "inventor" is just a side-effect of the beforementioned wish to enhance our lives.

      It currently looks like the EU is telling companies that if they want to play ball in the EU's court they have to play by the EU's rules.

      Much like the USA has done, and still tries to do, for decates now. :-)
    49. Re:Too late... by trewornan · · Score: 1

      Actually the main controlling body of the EU, the Council of Ministers, is NOT elected and is empowered to over-rule the European Parliament which IS elected. A disgusting state of affairs which is studiously ignored by the media.

    50. Re:Too late... by VWJedi · · Score: 1

      If you're a EU citizen, then bringing your concerns to your duly elected local or federal representative through a petition, a letter, or a manifestation; as well as by voting against people you don't agree with is the proper way to act. Not by posting flamebait on Slashdot.

      That's funny... I always thought that open discussion of political views was an important part of the democratic process. Do you disagree with that, or do you disagree with having a discussion that includes non-EU citizens?

    51. Re:Too late... by RobertLTux · · Score: 1

      this kind of thing is like telling somebody that has committed multiple felonies that he must abide by certain "extra" rules
      (can't live near "secured areas" can't own firearms can't go to certain locations ...)

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    52. Re:Too late... by Anonymous Coward · · Score: 0

      Your absolutely correct, but the EU has no god-given-right to use Microsoft Software however they want either.

    53. Re:Too late... by hcmtnbiker · · Score: 1

      You do know this is part of a settlement for criminal activity right? You might as well argue that just because a cat food manufacturer put poison in their cat food, the government should not be allowed to mandate that they enact stricter testing measures as part of their punishment for breaking the law in the first place. Well, you'd be adding to the government in ways it was never intended to, and by doing so increasing the government moving it slowly, but surely closer to statism/fascism. I'm reminded of a Ben Franklin quote that went something like this:
      "Those Who Sacrifice Liberty For Security Deserve Neither."
      --
      If i had one dollar for every brain you dont have, i would have $1.
    54. Re:Too late... by Red+Flayer · · Score: 1

      Considering Stalin was a communist
      Not really. Stalin was a fascist-in-communist-clothing, he was fully cognizant of, and amenable to, corporate interests, he just labeled them differently.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    55. Re:Too late... by tolan-b · · Score: 1

      Balls.

      1. Most of the major companies in a field have cross-licensing agreements stopping them from suing each other.
      2. Smaller companies can't afford to enforce patents anyway.
      3. Most major patent suits seem to be brought by 'IP licensing' firms that just bulk buy old patents and look around for someone to sue.

    56. Re:Too late... by Anonymous Coward · · Score: 0

      Concerning the peoples' rights, that is not a right, I am afraid, but something that has become less and less looked at over the past twenty years. It is the peoples' RESPONSIBILITY to revoke those privileges.

    57. Re:Too late... by monkeydo · · Score: 1

      That's idiotic. Aside from the fact that the EU is an entity not a person and no one elected the entity, if you substituted "Bush" for EU and "ACLU" for Microsoft, I doubt you'd even agree with your own statement.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    58. Re:Too late... by DarenN · · Score: 4, Insightful

      You, sir, are an idiot. Yes, an idiot. Let me explain what actually happened without your paranoiac comments about Stalinist Europeans. Despite the fact that most of the EU were allied with you for over half a century. Prick.

      We have a large company who over the years have gained a monopoly. Congratulations! There is a problem, The US government and the EU have rules, some of which annoyingly prevent this monopoly crushing all-comers by abusing their monopolistic powers.
      The US government convicts them, attempts to remedy this, faces legal challenges, and meekly cries off, having done all but nothing to fix the problem.
      The EU takes a slightly different tack, and says "You broke the rules. You can't keep breaking the rules. One of the rules you're breaking the one about muscleing your competition using your monopoly so you're to 1. Stop forcing Internet Explorer, and your own solutions on everyone, let them make their own minds up and 2. Give others the information to interoperate correctly. You can charge for 2, if the patents that cover it are innovatve you can charge more. The innovative restriction applies because in europe you're not allowed to patent any and every kind of software no matter how obvious*."

      So they're saying "fix your behaviour, or we'll get annoyed and do drastic things".

      MS wibble off muttering and after acting outraged for a while, decide on a different tack, which is, to delay. The EU's response was, "Delay all you want. Incidentally, if you manage to delat too much, there's a time-based fine after April 3rd if you're delaying". Again, a behavioural solution.
      As the request of MS, they extended the deadline to today, and MS's response is "How much should we charge?"
      This is a delaying tactic again, and I think MS are going to get a nasty shock if they keep it up. Y'see, the EU WILL apply fines of 4,000,000 per DAY if MS keep it up, and even with reported cash reserves of $30 billion that'll sting. Espcially as it'll be retroactive to last August 1st.

      For the next section, we've to be a bit more specific and informative.
      The specs in question are technical information to competing groups allowing them to design better Windows-compatible server software, specifically work group servers. The ruling was some time back, the final appeal which MS lost was in December 2004. Yes, that's right, 2 and a half years ago.
      They missed numerous deadlines to submit the information, finally coughing it up in July 2006.

      The real problem here is that MS don't want to release those specs, and if they do, they want it to be extremely unattractive to actually license them. So much so that they're demanding up to 5.95% of a licensee's server revenues as royalties, which is completely unreasonable considering that the market rate for such specifications (according to IBM, Oracle, Sun as well the commission's expert, Prof. Neil Barrett, who was suggested by Microsoft.) is between 0% and 1%.

      Mant of MS's other API's are available (for 0%, incidentally) at msdn.microsoft.com, so they've set a standard themselves. The ones that aren't are areas where they're using monopoly power to leverage a market, for instance, MSN Messenger had to be reverse-engineered (and that would probably be illegal in the states now!).

      All the EU has been/is doing is trying to improve competition, for everyone, using behavioural remedies to attempt to correct a monopoly dominated market (as the DoJ tried, and failed, to do). All MS has been doing is delaying the inevitable to squeeze another few Euro's out of the market.
      And if they keep it up, the behavioural remedy will become structural and Microsoft will not be allowed to trade in Europe as it currently stands. Which is fine by me, although it'd be a royal PITA for a while.

      So do you understand what's happening now? And why you're ridiculous attitude makes you look ridiculous and an embarassment to your country ("Down with the commies" is very 50's. I suppose you still think pot is a commie drug?) ?

      Also, as

      --
      Rational thought is the only true freedom
    59. Re:Too late... by Anonymous Coward · · Score: 0

      Europe isn't a single being and nothing guarantees it the right to make arbitrary laws that its people disagree with.

      But, nothing guarantees that governments will do anything, because, as the people, we're the ones that are supposedly able to influence government. Even as U.S. citizens we have influence over the EU because we all exist together in the international community. Yeah, it's Microsoft, and everyone hates Microsoft. And, yeah, at some level, it's great to see someone bullying Microsoft instead of the other way around for a change. But, it's hardly pointless to question when/if/why the government has overstepped their bounds.

    60. Re:Too late... by jeffasselin · · Score: 1

      Discussion on political issues is indeed important. My point though was that many european countries are socialist, and that his flame against the ideology was totally non-constructive. If he has a problem with socialism in Europe, and he's european, he should vote against socialists. It's possible to discuss the issue at hand without resorting to such though.

      --
      If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
    61. Re:Too late... by blackest_k · · Score: 1

      Thats one viewpoint,
      however perhaps you might be motivated to make a better product. As a customer of yours or your competitors I get a better product from either of you. Why should the customer get shafted with a poor quality product made second rate by the patents your competitor holds limiting your product and your patents causing similar problems for your competitors.

      Don't think either of you can hack it? then let competitor 3 or 4 or 5 ... step in and take up the slack.
      If you truly can innovate are experts in your field then who's product will i buy the cutting edge or a pale imitation. Do we really want the pace of innovation slowed by a factor of around 20 ?

    62. Re:Too late... by MightyMartian · · Score: 1

      Free speech? Intentionally breaking Kerberos to further its monopoly was not an exercise of free speech. The intent was to assure that interoperability using an accepted and standardized protocol was broken, thus giving a major leg-up to Microsoft operating systems. It's probably one of the most notorious examples of how Microsoft maintains its monopoly, and I think making the punishments so onerous that no one in Redmond would put their asses on the line to pull it off is a good way of bringing some moderation back into the marketplace.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    63. Re:Too late... by polar+red · · Score: 1

      yeah, but they are trying to fix that, but i fear it will take a long time.

      --
      Yes, I'm left. You have a problem with that?
    64. Re:Too late... by fritsd · · Score: 1

      I wish I had mod points, GP and PP would get a "funny".

      --
      To be, or not to be: isn't that quite logical, Slashdot Beta?
    65. Re:Too late... by Samhain · · Score: 1

      Hmmm, does this mean that the United States is oppressing the rest of the world by not allowing any person who wants to to move to the United States tomorrow?

      I don't think so. The United States has the right to democratically make laws about what they allow into their country. Just as the EU has the right to democratically make laws about what a company can do in their countries. No one is being oppressed here. They are just being told, if you want to come into our country you have to abide by our rules.

      Yes, the rest of the world has different rules then the United States. That is their choice and there is nothing wrong with that. MS can either play by those rules or take their ball and go home.

    66. Re:Too late... by VisceralLogic · · Score: 1

      If the government hadn't granted the companies certain rights (protection of copyrights, patents and trade secrets) the companies would have almost nothing to protect. It's highly absurd to say that a government should have no say whatsoever when it comes to limiting the very rights they themselves have bestowed. You can't both have a cake an eat it.

      They also wouldn't have anything to protect because they wouldn't have developed anything in the first place without the guarantee of protection.

      If the government grants rights and then takes them away, it's the one trying to have its cake and eat it, too. The company is just operating under the assumption that the government is acting under good faith. Without this assumption, anarchy would ensue.

      --
      Stop! Dremel time!
    67. Re:Too late... by DrSkwid · · Score: 1

      > Forget the fact that the entire process is a blatant example of socialism.
      But why, the .EU is made up of broadly socialist people & govts.

      > it's just purely one-sided
      The .EU didn't force MS to be a Monopoly abuser

      > the EU will just continue to abuse this implied authority that they've been granted
      An authority that is the will of the people of the European Union.

      If I recall correctly, the US has plenty of protectionist measures in place. Why do you think your food is full of corn oil [made in the US, subsidised] and not sugar [made outside the US, huge import tax] ?

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

      Er! That already happens. Convicted people can be banned from certain places, placed under certain restrictions etc. Why in America it is an offence for convicted felons to carry or own handguns is it not?

    69. Re:Too late... by adavies42 · · Score: 1

      Hmmm, does this mean that the United States is oppressing the rest of the world by not allowing any person who wants to to move to the United States tomorrow?
      Well, yes, frankly. Why do you think open borders proponents feel that way?

      MS can either play by those rules or take their ball and go home.

      Yes, they should, but then there are many other lessons from Atlas Shrugged that nobody has taken to heart yet either.

      --
      Media that can be recorded and distributed can be recorded and distributed.
      -kfg
    70. Re:Too late... by Crazy+Taco · · Score: 0

      That's garbage. We actually have a lot more control over companies than we do electoral systems. If you don't like what the company is doing or what prices it charges, DON'T BUY THE PRODUCT! You don't have to wait till the next election cycle, you don't have to wait up to 6 years to purge a body of incumbents completely (takes six years to purge the senate if you don't like its policies). You can immediately stop buying the product, and you can even organize boycotts. If a company is being unreasonable enough, they can't sell products, and they go out of business (which could be described as permanently voting a company out of the market place). One could argue that that doesn't work when you have a monopoly, but that's really only true of monopolies of critical services (such as water... we all can't just decide to stop consuming that). For other things though, such as Microsoft, if Europeans don't like their goods they COULD quit buying them. Alternatives exist, including Apple, Linux, etc. The reason MS continues to exist and continues to have 90% market share is because people WANT their products, and want them badly enough to pay the current prices. That's called free enterprise, and the EU, which claims to be a capitalistic society, should get the heck out.

      --
      Beware of bugs in the above code; I have only proved it correct, not tried it.
    71. Re:Too late... by Anonymous+Brave+Guy · · Score: 1

      I disagree. If a government took away the rights (ethical, legal, or otherwise) of individual citizens in this way, then you would be moving towards a more socialist political framework. However, governments should not be required to accord the same respect to artificial entities like corporations that they should towards real people. Businesses are commercial entities, and should be permitted by law to exist and to act exactly to the extent that they serve the people by doing so. It is a very important role of government, particularly in basically capitalist societies, to provide the checks and balances that keep businesses doing so. The alternative, where capitalism is allowed to run its course unchecked, is that every major industry ultimately converges on an effective monopoly, which lacking effective competition or regulation then exploits the people forever (cf. the current US government).

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    72. Re:Too late... by Anonymous Coward · · Score: 0

      This has nothing to do with products but protocols!

      You forget that most of the protocols were created by different companies and released for free and standardised. Along came Microsoft, embraced the standard and extended it without publicizing the changes. It is all part of their plan to decommoditize standards so they can lock out competitors. This is why the EU commission say that their is no innovation in these protocols because they originated from somewhere else. Why should competitors who follow standards have to pay Microsoft money just because they (MS) abused the standards procedure in an attempt to lock out said competitors. The protocols should be published free of charge just so competitors will be in a position to level the playing field by getting their products to communicate with Microsoft servers and their bastardized protocols.

      There is another simpler solution to this. Let all of the protocol issue go, but tell Microsoft that they are then liable for any damages done to someones computer since they continue to have a monopoly which they have to take responsibility for. If a machine gets hacked make them pay. When the next slammer worm hits make Microsoft pay damages to all European companies who suffer. I am sure the damages would soon cripple Microsoft.

      Publish the protocols or take responsibility for your monopoly.

    73. Re:Too late... by stewwy · · Score: 1

      yes, when there is perceived to be no alternative, but as usual with this sort of comment the point was missed it was MS that asked the EU what they thought they should charge, so I guess the question you should have asked was
      Is it right that a company should be able to ask an elected government what it should charge.....but then that wouldn't suit the free-market above all else point of view

    74. Re:Too late... by zoney_ie · · Score: 1

      The council of ministers are representatives of the elected democratic governments of the EU.

      All these Euro-skeptics complaining about the EU being undemocratic are missing the point. They don't want the EU being a super-state do they; well, guess what? It isn't, *because* the main business is set by the European Commission - also representatives of the EU member states chosen by the democratic govts. The member states choose what the EU does and is allowed to do (even if it is allowed by them to act autonomously in some respects).

      And the European Parliament is the part of the puzzle that allows citizens of the EU to influence directly its operation; note that the European Parliament generally has the disadvantage (or advantage) that it doesn't usually take national interests into account.

      It's all a fine balancing act, and actually, as a compromise, it is fairly good.

      --
      -- *~()____) This message will self-destruct in 5 seconds...
    75. Re:Too late... by Goeland86 · · Score: 1

      Thank you for that. I couldn't have said it better myself.
      The real problem is that Microsoft is not liking resistance. They bought out the US government through lobbying, which is legal. But in the EU, they call lobbying "bribes". France outright bans the practice, and it is highly frowned upon in the UK.
      Granted that businesses should have a voice in government, but they should not be the ones RUNNING the government, and that, I believe, is where Microsoft has trouble accepting the EU authority.
      Now that the EU rules that Microsoft is over-charging for access to certain documents is completely acceptable, because if the competitors, i.e the few hundreds of small or medium programming companies, not to mention game companies in the EU need those documents to survive, and if the fees are too high, then there's a problem for the EU economy. It's part protectionism, part economic boost. If MS is forced to compete, it will drive true innovation, which is what the EU is trying to achieve.

      --
      ---- I am certain of only one thing : I know nothing else.
    76. Re:Too late... by trewornan · · Score: 1

      This is a typical Europhile apologising for the fact that the EU is ruled by a cabal of unaccountable oligarchs. All this talk about balancing acts and compromise is irrelevant distraction form the simple truth that the Council of Ministers has final authority and makes all the real decisions. OK so the governments who appoint these "Ministers" are elected but that does not make the process democratic.

    77. Re:Too late... by Anonymous Coward · · Score: 0

      It seems you are the prick as the previous post explained the situation a lot better than you. What you assume, the anti-americanism etc, doesn't seem to be apparent in his post to me, whereas you just come across as an uneducated idiot. Myabe you are a troll or Microsoft shrill, or possibly an employee of said company? To tell you the truth I couldn't give a toss but you shouldn't comment if things are over your head!

      FYI I am from England, work with Microsoft products, can be considered anti-Microsoft because of their attitude, and am firmly on the side of the EU because I think opening up their protocols is the right thing to do.

    78. Re:Too late... by giorgiofr · · Score: 1

      Oh, so basically "what you want them to do" is somehow "right", I see. That of course is reason enough to force people into doing it, against their wishes.

      --
      Global warming is a cube.
    79. Re:Too late... by Anonymous Coward · · Score: 0

      let me just remind your educated self that the whole anti-trust litigation is brought to EU notice was by Real Networks (mostly),IBM and others. Last time they checked, they're AMERICAN companies! Someone should mod the parent 'flamebait'.

    80. Re:Too late... by Anonymous Coward · · Score: 0

      Well, ^W (Ctrl-W if you want) deletes words in most good applications... sadly, in modern graphical apps it is often a shortcut for "close tab" or "close window". Which is quite a problem when you're used to using ^W to delete words.

    81. Re:Too late... by lordSaurontheGreat · · Score: 2, Insightful
      As someone who takes history very seriously, I feel constrained to answer your misconception.


      Stalin was a Stalinist, which is not anything like Communism. Stalin used communist ideals as the springboard for his new form of government. Stalin's system of rule is different from dictatorship only in that a dictator is still morally bound to do that which is best of his people. Stalin was bound by nothing.


      I would ask that you stop disgracing a perfectly good form of government by associating it with Stalin's horribly corrupted form of that government. Communism is a very noble concept, and deserves the respect due to such a well-developed solution to the unsolvable problem: "which form of government is best?"

      --
      Consider yourself spoken to.
    82. Re:Too late... by 99BottlesOfBeerInMyF · · Score: 1

      We're arguing that these rules (if they actually give the EU the power it is claiming) seem to have some serious issues. Just because something is a law does not automatically make it right.

      These laws are actually almost identical to the ones in the US, and do not differ significantly from most of the rest of the world. What MS is doing is a crime in countries around the globe. If you want to argue that antitrust laws like these are not needed, well that is fine, but it should be backed up with something other than "because." Monopoly abuse undermines capitalism. It breaks the system is such a way that the best, cheapest product no longer is rewarded with money, while a more expensive and inferior product is, simply because of that company's position in a different market. You could go into business and make a product that is both better and cheaper than your competitor and they could still easily drive you out of business and then collect money in that market forever, despite never innovating or improving the state of the art or finding a way to lower prices.

      We have plenty of historical examples as to why we have these laws. If you want to go back to renting a wired telephone handset for tens of thousands of dollars over the course of your life, well then you have some really odd preferences. If you want to watch market after market consolidate under the roofs of a a few monopolies until very few are born into all the wealth and we're a feudalist system again, well then I think you're an idiot or a wealthy jerk. We tried it your way and it was unstable as all hell and bad for almost everyone. Why should we go back to it, just because you do not understand the mechanisms or did not bother to read your history lessons?

    83. Re:Too late... by Anonymous Coward · · Score: 0

      but the EU has no god-given-right to use Microsoft Software however they want either.

      Nope. They have to stick to what is written in the End User License Agreement like everybody else.

    84. Re:Too late... by zcsteele · · Score: 1

      if you substituted "Bush" for EU and "ACLU" for Microsoft, I doubt you'd even agree with your own statement. If you substitute "Cthulu" for EU and "Voldemort" for Microsoft, I doubt anyone would agree with the resultant statement.

      Seriously, though, what point were you trying to get across?
      --
      ...brand new, all over again.
    85. Re:Too late... by TheRaven64 · · Score: 1
      This fails to take into account two things; economies of scale, and cross-market subsidisation. If two companies are producing the same product, then the one producing more will be able to make it cheaper. We've seen this with Apple; it is impossible now to enter the MP3 market with a product cheaper than the iPod without making a loss, because Apple has such economise of scale that you would need to take a huge amount of the market just to be able to break even selling units at their price for some segments. For a while, Apple were selling iPods for less than their competitors were paying for just the hard drive. This can mean that a small start-up can't compete with their novel idea without patents, because a larger company can just come along and make ten times as many of their product, and undercut them.

      The cross-subsidy problem was shown up by Microsoft with the XBox. They were able to lose huge amounts of money selling the XBox just to build the brand. Entering a new market is typically very expensive, and if you have deeper pockets, you can usually win. If I spend some money on R&D, and make a new product, then (without patents) a large company can come along, spend a few hundred million on making the same product and selling it at cost (not below, because then they'd fall foul of dumping laws), and drive me out of business. No matter how I innovate, I can't compete with them, because they don't need to make a profit. See Netscape and Internet Explorer here; when IE and Netscape were about as good as each other, who would pay for Netscape (it was only free for non-commercial use) when IE was free? And IE was only free, because Microsoft could use the profits from Windows and Office to pay for development.

      --
      I am TheRaven on Soylent News
    86. Re:Too late... by 99BottlesOfBeerInMyF · · Score: 1

      this kind of thing is like telling somebody that has committed multiple felonies that he must abide by certain "extra" rules (can't live near "secured areas" can't own firearms can't go to certain locations ...)

      Not really. It is more like telling someone convicted of multiple felonies and who is still in the act of committing that same felony and has never stopped that no, putting the knife away that they've been using to stab people isn't good enough, you actually have to stop repeatedly kicking them as well and yes could you please stop throwing bricks. That's what a lot of people here don't seem to be getting. This isn't an "extra" punishment. It is criminal to tie an existing monopoly to a product in a new market and nonstandard protocols between your monopolized product and the other product that in any way disadvantage competitors are illegal. The EU bends over backwards here and still you have people claiming that they are being anti-american. I'm about convinced at this point that about 1 in 100 people here understand what a monopoly is, what tying is, and what constitutes that tying in this case.

    87. Re:Too late... by rthille · · Score: 1

      I can implement any protocol I want. If it's similar to SMTP but not compatible with it, is this some sort of crime? Even if I'm a certified monopolist? I'd say no. Now if I claim that I implement a standard and am not compatible I could be sued for fraud or false advertising or something.
      The idea of requiring that every protocol Microsoft implements is completely compatible with some standard is just silly. Especially when they can't even read an RFC:
          From http://www.postfix.org/SASL_README.html :
      Older Microsoft SMTP client software implements a non-standard version of the AUTH protocol syntax, and expects that the SMTP server replies to EHLO with "250 AUTH=mechanism-list" instead of "250 AUTH mechanism-list". To accommodate such clients (in addition to conformant clients) use the following: /etc/postfix/main.cf:
                      broken_sasl_auth_clients = yes

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    88. Re:Too late... by jimicus · · Score: 1

      the EU has no god-given-right to use Microsoft Software however they want either.

      Technically, everyone in the world has a god-given right to do whatever they damn well please provided it doesn't break the laws laid down in the bible. (Assuming you believe in the bible, but if you don't believe in some sort of religion then there's no such thing as a god-given right.....)

      However, thousands of years ago it became apparent that it was far more productive for humanity if there was a set of ground rules saying what people can and can't do, together with some sort of infrastructure for enforcing these rules.

      As society has become more complex, so have these ground rules. Today, we call them "laws" and we have an entire segment of society called "government" whose job it is to look at society and keep the "laws" in step.

    89. Re:Too late... by jimicus · · Score: 1

      The government shouldn't tell companies what to charge for their products, but they should ensure that companies can compete freely and make money.

      But when you've got a monopolist like Microsoft, it's very difficult for another company to come in and compete freely.

      Seeing as about all a company has are products which it exchanges for a certain amount of money, if the government wants to interfere with a company in order to foster competition in a market, about the only thing they CAN do is mess with either the product or its price.

    90. Re:Too late... by MightyMartian · · Score: 1

      As has been long established, when you are in a monopoly position, the ordinary rules of business don't apply. Microsoft wasn't simply just altering a protocol standard, they were breaking it to further their monopoly. That is a different bag of worms altogether.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    91. Re:Too late... by drsquare · · Score: 1

      So if a politician is elected, he should be able to go round and shoot his constituents? The EU isn't even elected.

    92. Re:Too late... by init100 · · Score: 1

      We actually have a lot more control over companies than we do electoral systems.

      I can see where you are coming from, as the US has a really complicated (and I would argue antiquated) election system, with the people voting for electors, that in turn votes for their candidate. In addition, there is the "winner takes it all" rule in most states, that makes all electors in the state vote for the candidate that got more than 50% of the votes in said state, which in turn makes it possible for a candidate with just slightly above 25% support among voters nationwide to become the president. And finally, voting requires manual registration by the voter, which results in lower voter turnout since not everyone is aware of this fact (not to mention those being misled by one side into believing they don't need to register). And I'm not even going to discuss voting machines and the problems they bring.

      Other countries, such as Sweden, where I live, have much more straightforward voting systems. In our election, we vote for three different assemblies, the national parliament, the regional parliament and the county parliament. Each citizen above the age of 18 automatically (no registration required) gets a voting card from the election authorities a few weeks in advance of election day. This card proves that you are entitled to vote, and specifies which regional and county parliament you can vote in. You bring this card to the election hall (usually a school, clinic, or some other public space), where you take three envelopes (one for each parliament) and ballots for the party you intend to vote for in the different parliaments (you can take ballots for as many parties as you want, if you don't want it to be obvious to onlookers which one you are voting for). You go behind a screen and put ballots into the envelopes according to your preference, and seal the envelopes. Then you show the voter card to the election official, who takes your card and registers that you have voted, and allows you to place the envelopes in their proper bins. Note that voting is not mandatory, you can ignore it if you like, but usually the voter turnout is high, in the 80% or more range.

      In the evening, the votes are counted and the tallies are reported on national television and on the internet. If there is a close call or some other dispute, the votes can be recounted (an advantage of paper ballots). Detailed statistics (such as tallies for each neighborhood) are posted a few days later in local newspapers and on the election authority web site. Parliamentary seats are distributed proportionally according to the election results, except for a minimum limit of 4% voter support for a party to get seats in a parliament. The proportional election system assures that the parties that form the cabinet have more than 50% voter support, as well as making it possible for smaller parties to exist and take seats in the parliaments.

    93. Re:Too late... by init100 · · Score: 1

      This is a typical Europhile apologising for the fact that the EU is ruled by a cabal of unaccountable oligarchs.

      If you want to discuss unaccountable oligarchs, one suitable organization to discuss is the EPO, the European Patent Organizaion. Consisting of unelected lawyers, they have a significant saying in the patent legislation field, and unfortunately have the ear of the commission and the council of ministers.

      All this talk about balancing acts and compromise is irrelevant distraction form the simple truth that the Council of Ministers has final authority and makes all the real decisions.

      I agree that the CoM and the commission have too much power. It was evident in their handling of the EU CII (software patent) directive. But still, this directive was voted down by the parliament, and thus scrapped, for the time being. The parliament is not powerless, but it could use much more power, and it should have since it is the only directly elected assembly in the EU.

      OK so the governments who appoint these "Ministers" are elected but that does not make the process democratic.

      I agree that it isn't even close to a good implementation, but it is still better than having the supreme court decide who will become president. :)

    94. Re:Too late... by init100 · · Score: 1

      But in the EU, they call lobbying "bribes". France outright bans the practice

      That depends on who does the lobbying. The IPR Enforcement Directives have been extensively lobbied for by the music and movie industry. It sure helps that Janelly Fourtou, a French MEP, is married to Jean-René Fourtou, the former CEO of Vivendi-Universal.

    95. Re:Too late... by init100 · · Score: 1

      Monopoly abuse undermines capitalism.

      A very good and very extensive explanation for why you are right can be found here.

    96. Re:Too late... by init100 · · Score: 1

      An incorrectly configured terminal in *nix can produce a ^H when you press the backspace key instead of erasing the character to the left of the cursor. The ^H... is thus used in emails, chat and message boards to humorously indicate your real meaning of a polite or politically correct word or phrase.

    97. Re:Too late... by init100 · · Score: 1

      That of course is reason enough to force people into doing it, against their wishes.

      If someone breaks the law and is caught, he will be punished. Is that so strange?

      But of course, you think that there should be no laws...

    98. Re:Too late... by init100 · · Score: 1

      Beyond that, the government sets up the patent system with certain rules. Microsoft applies for patents under those rules, and now the government suddenly decides "oh, well those patents aren't really *innovative*, you can't charge for those." Well why were the fracking patents granted in the first place then?

      Because the patents were granted by the EPO, which is (confusingly enough) not an EU body. EPO-granted patents need not be valid in the EU, which has a different standard to which they judge patents. The EPO consists of unelected patent attorneys, which should not be able to determine the patent policy of the EU.

    99. Re:Too late... by init100 · · Score: 1

      The company is just operating under the assumption that the government is acting under good faith.

      And it can, if the company abides by the rules imposed by said government. If it tramples all over them, it can not expect the government to ignore its infractions, and some of the privileges of the company may be revoked.

    100. Re:Too late... by init100 · · Score: 1

      Nope. They have to stick to what is written in the End User License Agreement like everybody else.

      Except that the EULA uses laws for enforcement. If the licensor (i.e. Microsoft) ignores the law to increase its profits and/or stifle competition, I cannot see why the government should still enforce the laws that the EULA is based on.

    101. Re:Too late... by Goeland86 · · Score: 1

      Yeah, no argument there, I'm just saying, when the court system actually works, it's illegal.

      --
      ---- I am certain of only one thing : I know nothing else.
    102. Re:Too late... by maggern · · Score: 1

      Hear hear!

    103. Re:Too late... by trewornan · · Score: 1

      The CoM chose to accept the recommendation of the EU Parliament on the software patent directive, it was under no obligation to do so.

      Nobody, well nobody but an Americaon, would seriously present the US as a model of how a democracy should be organised.

    104. Re:Too late... by Anonymous Coward · · Score: 0

      "If you're a company (ie, an artificial entity that exists only based on law and not any natural basis)"

      Your premise is wrong. Companies are simply groups of individuals working together to achieve a goal. They are as natural as marriage or any other number of institutions that people take for granted. In the US there is the concept of inalienable rights. It's ashame the US founders didn't explicitly call out free trade.

    105. Re:Too late... by NMerriam · · Score: 1

      Your premise is wrong. Companies are simply groups of individuals working together to achieve a goal. They are as natural as marriage or any other number of institutions that people take for granted.


      WTF? Marriage does not exist "naturally", it's a legal/religious institution. The same is true of corporations.

      The people who comprise institutions are real people. They have rights. Institutions themselves are simply convenient artificial structures people create for a variety of reasons.
      --
      Recursive: Adj. See Recursive.
    106. Re:Too late... by LingNoi · · Score: 1

      I just think that we ought to be a little skeptical when a government starts trying to decide how much a company is allowed to charge for their product.

      Developer Documents on interoperability with other operating systems isn't a product.

    107. Re:Too late... by zoney_ie · · Score: 1

      The point is that because the EU is made up of different countries, a directly democratic process would result in many countries having their concerns trodden on by the majority.

      So I do not see it as making sense for Euroskeptics concerned about the EU having too much influence to be seeking it to be arranged by a directly democratic process. It would be a disaster for many countries in the EU if the European Parliament for example was in the driving seat.

      --
      -- *~()____) This message will self-destruct in 5 seconds...
  5. Appropriate price? Zero Euros and redistribution by mrchaotica · · Score: 4, Insightful

    The EU's goal is ostensibly to ensure proper competition in the market, right? And let's face it, MS's only real competition is Free Software. Therefore, the only possible fair price for the protocol specs is free, and with free redistribution, so that it's able to be used by Free Software.

    (Note that I'm talking about interoperability specifications (and patent licenses) only... Microsoft should be able to charge whatever it wants for its reference implementation.)

    --

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

  6. Perhaps a better question... by Anonymous Coward · · Score: 0, Interesting

    is at what point has Microsoft overstepped their bounds?

    Whatever point you pick, I'll bet Microsoft has overstepped it! Face it; the EU wouldn't even be considering such actions if Microsoft had behaved as a decent corporate citizen.

    1. Re:Perhaps a better question... by ricree · · Score: 2, Funny

      Whatever point you pick, I'll bet Microsoft has overstepped it!
      Hmm... I say that Microsoft has crossed the line when they spontaneously decide to give me a billion dollars.
      /checks bank account
      darn, looks like they haven't crossed that line yet

      Maybe if I check again.....
    2. Re:Perhaps a better question... by Anonymous Coward · · Score: 0

      That is ridiculous. We all can decidedly agree that almost no corporate giant behaves as a decent corporate citizen. To assume so is naive (so very slashdottish!). Get off your high horse and look at the EU, not Microsoft, who retorted with valid legal reasoning, especially considering the arbitrary wording of EU's response.

      I personally look at this as an honest to frickin goodness attempt at seeing what is in the mind of EU, as they have consistently jostled responses, fees, et al, feeling justified in crossing lines into psuedojudgement because "Oh noes, its Microsoft!"

  7. Wrong by PadRacerExtreme · · Score: 0, Flamebait

    A government should never tell a private organization what it can charge for a product. Might as well just have the government own the business (since it is setting prices) which leads to communism!

    --
    Just remember - if the world didn't suck, we would all fall off.
    1. Re:Wrong by dreamchaser · · Score: 0, Troll

      The EU isn't communist but it's by and large *very* socialist in nature so you're close to the mark.

      Somehow given some of the economic problems the EU is facing (inflation, rampant unemployment, etc.)they are the *last* people who should be telling *anyone* how to run their business.

      The only mechanism that should set prices is the market. No government should be involved in pricing, and that includes the US as well as the EU (here in the US various agricultural subsidies are used to provide this effect, such as keeping the prices of milk and sugar at certain levels).

    2. Re:Wrong by rolfwind · · Score: 5, Insightful

      So the electric company should just charge you whatever they feel like whenever they feel like it? Because, hey, if you don't like it you can always move.

    3. Re:Wrong by BlueTrin · · Score: 1
      You should see it as an attempt to reconciliate both parties, they could just say "you broke laws about monopoly therefore I declare your products illegal in the EU ..." or charge them an extravagant amount of money since they cannot enforce a split of the company.

      Of course, it will never happen since because of the monopolistic situation about Microsoft, it is almost impossible to do work in many of the actual jobs nowadays without Microsoft tools.

      You can speak about OpenOffice if you want, but, if you just take Excel as an example:
      • you would need to pay major retraining across your company, since Joe and Susan are still trying to find out where are the Pivot Tables (replace here anything which is quite specific about Microsoft), just a slight change in the interface causes nightmares to these users ...
      • Alot of the spreadsheets are using VBA and you would need to rewrite all of this
      • In my area, we are using alot of C++/C# addins used in Excel, I do not think we would be ready to rewrite all of this code or to even try to encapsulate it in another application


      So whatever happens, the EU will never be too restrictive towards Microsoft.
      --
      Don't you know it is now both immoral and criminal to think beyond the next quarterly report?
    4. Re:Wrong by Odiumjunkie · · Score: 1

      I'm not sure if you're trolling or not, but I'll humour you.

      Antitrust legislation and structures are designed to maintain a competitive market. In this case, the reasoning is that by limiting prices in a specific area, a monopolostic company is exposed to more competition, hopefully resulting in a situation where the market can once again set the prices of goods efficiently.

      A market with no safegards and protections is _horrible_ at setting prices, worse even than governments. Monopolistic 'markets' set prices motivated by only one factor - maximum profits for firmse. This is not great for consumers.

      Conversely, perfectly competitive markets set prices so that companies make zero economic profit. Basically, in a perfectly competitive market, labour and capital generate exactly the same level of economic profit in every industry.

      So, sometimes it _is_ good for consumers if the government sets prices - if in doing so the government encourages a more competitive market later on.

    5. Re:Wrong by mrchaotica · · Score: 1

      The only mechanism that should set prices is the market.

      Great idea, I'm all for it! Are you willing to abolish copyrights and patents, and other government-granted monopolies (i.e., government interference in the market) to make that happen?

      --

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

    6. Re:Wrong by seriesrover · · Score: 1

      Not the same whatsoever - but if you insist, you shouldn't have moved there in the first if you didnt like the price. And if you want to go further in the analogy theres another form of electricty that is Free if I wish to choose it. But you're comparing buying a piece of software with a subscription to a electric service which has physical\geographic limitations.

    7. Re:Wrong by giorgiofr · · Score: 1

      Hey, HEY! Not *everyone* around here wanted this pathetic mess that is the European government. Some of us were very happy with the simple free trade agreements and a unified currency.

      --
      Global warming is a cube.
    8. Re:Wrong by fitten · · Score: 1

      Bzzt. You fail. There are laws governing natural monopolies like electric companies and the like. Microsoft does not have a monopoly anymore, or are you stating/admitting that Linux has no significant presence or impact in the world?

    9. Re:Wrong by Malc · · Score: 3, Insightful

      That's the prevailing attitude in the US. It's not the prevailing attitude of EU citizens (but I'm sure a large number of Europeans would side with American stance). Microsoft is free to choose not to do business in the EU if it doesn't like this.

      In this situation Americans seem to be telling the Europeans how to run their markets and economies. Turn it around: as American, how do you feel about Europeans telling you how to run your justice system (e.g. death penalty and gun control?) and health care systems? Both sides think their approach is correct and that the other butt out and mind their own business.

    10. Re:Wrong by catbutt · · Score: 1

      What makes the electric company a "natural monopoly"? What is so natural about it? What about phone service, cable, etc?

      The OP foolishly stated that the government should never set prices, and that's just wrong.

      If you are going to say that Microsoft is immune to government price intervention, I'd think you could equally argue the same about the electric company because people can run a generator.

    11. Re:Wrong by maxx_730 · · Score: 1

      The only mechanism that should set prices is the market
      That is the point, in all normal cases the market should set prices, but since Microsoft has a monopoly, and has been convicted of abusing it, the government should intervene in this case.

    12. Re:Wrong by mrchaotica · · Score: 1

      That's the prevailing attitude in the US.

      No it's not. The prevailing attitude in the US is that the market should be subject to more and more interference in the name of protecting "IP" (i.e., imaginary property).

      --

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

    13. Re:Wrong by walt-sjc · · Score: 4, Insightful

      Not "should intervene", it must intervene as its duty to the citizens that elected the government. It's unfortunate that the US government has failed its basic mission of protecting its people from abuse, and has now turned into the abuser.

    14. Re:Wrong by Fozzyuw · · Score: 1

      In this case, the reasoning is that by limiting prices in a specific area, a monopolostic company is exposed to more competition...

      I am not an economist so forgive me this this question seems obvious, but wouldn't enforcing a 'cheaper' price on a product be destroying competition? If there is competition already, and said competitions greatest competitive advantage is it's price (in lots of cases free), wouldn't forcing MS to lower prices mean you're taking away the competitive advantage and be giving MS an edge?

      Monopolistic 'markets' set prices motivated by only one factor - maximum profits for firmse.

      There's one thing I recall from my Econ. 101 class. A businesses #1 goal is to maximize profits, independently of what kind of market they are in. The only difference the market makes is who has the most (but not all) sway in setting the price. A business who is not trying to maximize profits is not a business, but a charity. Non-profit charities still have to make money, they're just not trying to make more than they need.

      The other thing I remember is that a product/service is only worth what people are willing to pay for it. If Windows had cost $1 million per unit, no matter what the monopoly they had, they wouldn't likely sell any.

      Cheers,
      Fozzy

      --
      "The past was erased, the erasure was forgotten, the lie became truth." ~1984 George Orwell
    15. Re:Wrong by walt-sjc · · Score: 1

      Talk about failing... The courts found MS to be a monopoly. In the eyes of the law, you don't have to have 100% market share to be a monopoly. Microsoft's 90%+ on the desktop is enough. Legal definitions and dictionary definitions don't always mesh.

    16. Re:Wrong by Kumiorava · · Score: 1

      This case is unfortunately different, because we are talking about monopoly. Microsoft's product is also comparable to electricity and water because there is really no viable alternative because of the restrictions Microsoft has put on their protocols and interfaces. What I have understood is that Microsoft has developed families of protocols and systems based on the patents they have acquired instead of going with unpatentable alternatives that would be as innovative and suitable as the ones with Microsoft patents. The real problem EU is having is not let Microsoft charge for its innovation, but the fact that as being monopoly Microsoft has "innovated" existing protocols to be covered under Microsoft patents and now charging premium for that.

    17. Re:Wrong by Odiumjunkie · · Score: 1

      I am not an economist so forgive me this this question seems obvious, but wouldn't enforcing a 'cheaper' price on a product be destroying competition? If there is competition already, and said competitions greatest competitive advantage is it's price (in lots of cases free), wouldn't forcing MS to lower prices mean you're taking away the competitive advantage and be giving MS an edge?
      The good being discussed here is one that enables interoperability - therefore, the lower the price, the lower the barriers to entry for competing firms to make compatible products. If the server protocols cost $1,000,000,000 to license, there will be very few products that can fully interface with the servers in question, Microsoft's own offerings will dominate the market. If the server protocols cost $1 to license, there will be a relatively large number of products that can fully interface with the servers, the market will be more competitive.

      Your question was a reasonable one, but the aim is to make the market for products that can interface fully with Microsoft Server Products more competitive, not to make the market for the protocols themselves more competitive.

      *Monopolistic 'markets' set prices motivated by only one factor - maximum profits for firmse.

      There's one thing I recall from my Econ. 101 class. A businesses #1 goal is to maximize profits, independently of what kind of market they are in. The only difference the market makes is who has the most (but not all) sway in setting the price. A business who is not trying to maximize profits is not a business, but a charity. Non-profit charities still have to make money, they're just not trying to make more than they need.

      The other thing I remember is that a product/service is only worth what people are willing to pay for it. If Windows had cost $1 million per unit, no matter what the monopoly they had, they wouldn't likely sell any.
      I specifically wrote that _markets_ set the price and not _firms_. You are correct insofar as any one firm in a market will always seek to maximise profits. The point here is that if the firm is in a perfectly competitive market, the price at which profits are maximised is always the same - the price is always equal to mariginal cost of the product, which is in turn always equal to marginal revenue of the product. Bascially, although every firm is trying to maximise profits, in order to sell any goods, it has to compete with every other firm, and so the price is set by the _market_ - by every firm competing with every other firm. One of the identifiable characteristics of a perfectly competitive market is that individual firms never set prices - if any one firm raises its prices above the market level, it simply ceases selling any goods.

      In a market dominated by a monopoly, the monopoly, not the market, sets the price. It can charge whatever it likes. Because it seeks to maximise profits, it will set the price at a level to do so, but this will be a different price from that of a competitive market. It will, incidentally, still be equal to marginal revenue, but it will no longer be equal to marginal cost. If a monopoly raises prices, it will sell _less_ goods, but it will still sell _some_.

      Additionally, a good may be "worth" whatever people are willing to pay for it, but that will never be its price - this makes intuitive sense, as different goods are of different levels of utility to different people, but everybody usually pays the same price. You can actually plot on a graph the difference between what people are willing to pay for a good and its price, and by doing so you calculate "consumer surplus". Imagine you're at a coffee machine and you're hung over - the first coffee you could buy might be "worth" $1 to you, but the machine doesn't know that, it only has one price, $0.50. The second cup is "worth" $0.60 to you (you've already had one cup, you don't want a second cup as much), the price is still $0.50, so you buy a second cup. A third cup would only be "worth" $0.20 to you, because you've already had two cups. The price is still $0.50, so you don't buy a third cup. Your consumer surplus is ($1.00 - $0.50) + ($0.60 - $0.50) = $0.60.
    18. Re:Wrong by Antique+Geekmeister · · Score: 1

      I take it you don't use natural gas, heating oil, or eat corn or cheese, do you? Whether it "should" do these restrictions, they're a well-established fact of law, and not worth wasting the time debating the basic concept here.

    19. Re:Wrong by fitten · · Score: 1
      From the first place I clicked on at Google

      A "natural monopoly" is defined in economics as an industry where the fixed cost of the capital goods is so high that it is not profitable for a second firm to enter and compete. There is a "natural" reason for this industry being a monopoly, namely that the economies of scale require one, rather than several, firms. Small-scale ownership would be less efficient.


      You can also find a definition at the Wiki

      Basically, an electrical company, sewer, gas, and used to be cable and phone systems require so much capital investment in the power lines, sewer lines, gas lines, etc. that a second supplier would find it very difficult to place their own systems and compete. Think about how much money/time/permits/work it would require for another company to duplicate all the wiring/pipes under Manhattan and then try to compete with the companies there. Plus, the market is somewhat fixed (modulo new buildings and people moving in and out of the area) so growth is somewhat limited and there's little economy of scale (if the company wants to compete in another area, lots of infrastructure would have to be put into place there and infrastructure the company already has in other areas is almost entirely irrelevant to the new area).
    20. Re:Wrong by fitten · · Score: 1

      Yes... I guess you missed the word "anymore". Particularly with respect to the growing Linux/OSS movement around the world cutting into that market share. Unless, as I opted, we say that Linux/OSS (and OSX) has little/no impact on the market, thus giving Microsoft back their monopoly.

    21. Re:Wrong by walt-sjc · · Score: 1

      You would be right except for the fact that MS's overall marketshare in the EU has increased significantly since the EU began this whole thing... So the problem is worse now.

    22. Re:Wrong by DohnJoe · · Score: 1

      they are the *last* people who should be telling *anyone* how to run their business. no, they are telling them how *not* to run their business, i.e. how to stop breaking the E.U. antitrust laws.

      But I guess for an American it's much easier to think of it as poor poor MS, struggling with all those nasty European laws just designed to make things difficult for non-European companies, right?
    23. Re:Wrong by Fozzyuw · · Score: 1

      Thanks for clarifying Odiumjunkie, I appreciate it. I need some economics refreshers now and again. =D

      Cheers,
      Fozzy

      --
      "The past was erased, the erasure was forgotten, the lie became truth." ~1984 George Orwell
    24. Re:Wrong by Anonymous Coward · · Score: 0

      "Your honour, I did kill that women. However I am not killing women any more, so I should not be punished."

      Yeah, that makes about as much sense as your argument.

    25. Re:Wrong by Anonymous Coward · · Score: 0

      A government should never tell a private organization what it can charge for a product. Might as well just have the government own the business (since it is setting prices) which leads to communism!


      uh, the company asked the government what they think they should charge. the government didn't force their price down their throats beyond stating it must be reasonable to prevent future CRIMINAL ACTIVITY FROM CONTINUING.
    26. Re:Wrong by fitten · · Score: 1

      Not if the person who said that had already been tried and convicted and paid the penalty for the first offense (whether you agree or not if the penalty was "enough", it was sent through court and the courts have finished with it, including any applicable penalties). If Microsoft is practicing non-competitive monopolistic practices again, then that's a different story, but even your post seems to say that you don't think they are.

    27. Re:Wrong by dreamchaser · · Score: 1

      Yes I am. Current patent and copyright law is horribly broken with regards to the 'digital age'. I'm not sure scrapping it totally is in order, but major changes need to be made to avoid all this IP silliness that's going on.

    28. Re:Wrong by maggern · · Score: 1

      >The only mechanism that should set prices is the market.

      Idiot, that will create monopolies in notime.
      Please read some basic economics before posting about this issue again. (and if you're being ironic, you should train at that too :P)

    29. Re:Wrong by Anonymous Coward · · Score: 0

      The electric company is a govt. regulated monopoly. It's a monopoly because the govt. made it so.

    30. Re:Wrong by Anonymous Coward · · Score: 0

      So the electric company should just charge you whatever they feel like whenever they feel like it?

      No, the most they can charge is what consumers are willing to pay. Also, the higher the profit margins of the electric company, the more likely competition will enter the market. However, the more regulations and special demands the government places on existing electric companies, and the more the government charges for access to public property, the less likely it is that new competition will emerge. Sadly, that is the approach that is often taken, and the inevitable lack of competition emboldens people to call for even more regulation.

    31. Re:Wrong by Anonymous Coward · · Score: 0

      Not if the person who said that had already been tried and convicted and paid the penalty for the first offense

      That's the point. Microsoft havn't "paid the penalty" for their conviction. All they have managed to do is drag the attempt out as long as possible.

      even your post seems to say that you don't think they are

      Don't put words into my mouth. My post is simply a reply to your assertion that Microsoft are not a monopoly "anymore". I don't see any evidence, from Microsoft, you, or anyone else, to support this claim. I just found your claim that Microsoft shouldn't be punished because you don't think they're doing it "anymore" to be the more absurd of the two.

    32. Re:Wrong by Bert64 · · Score: 1

      And where would you move to?
      There is rarely more than a single electricity company in a given area, thus there is no need for them to compete. Under the system you propose, electricity would be ridiculously expensive in every area, resulting in it becoming a costly luxury item only available to the rich and famous.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    33. Re:Wrong by jackflap · · Score: 1
      Ok mr. fallacy- exactly where you get your statistics from, I don't know, but let's take one example from wikipedia:

      For the fourth quarter of 2004, according to OECD, (source Employment Outlook 2005 ISBN 92-64-01045-9), normalized unemployment for men aged 25 to 54 was 4.6% in the USA and 7.4% in France. At the same time and for the same population the employment rate (number of workers divided by population) was 86.3% in the USA and 86.7% in France. This example shows that the unemployment rate is 60% higher in France than in the USA, yet more people in this demographic are working in France than in the USA, which is counterintuitive if it is expected that the unemployment rate reflects the health of the labor market. This is because the definition of unemployment relies on the distinction between inactive and unemployed, a quite subjective measure which can be easily manipulated by policies that do not change the situation of the labor market, but decrease unemployment by shifting people from unemployed to inactive status. Not to mention: - Did it ever occur to you that we're taking in the refugees and un-skilled workers that are fleeing their homes because of the US's war-mongering drive to use other people's resources to facilitate their own economic growth. - Add to that a far better welfare service in the EU and the argument above suddenly starts to make sense. Let's not even go into inflation, or whatever else you were implying.
    34. Re:Wrong by fitten · · Score: 1

      Don't put words into my mouth.


      From your words (ones I didn't put into your mouth):

      "Your honour, I did kill that women. However I am not killing women any more, so I should not be punished."


      Note the "I am not killing women any more" part... Since you are using an analogy to demonstrate how you think Microsoft is pleading, your analogy indicates that you believe they are not "exerting illegal monopolistic practices any more". If this was not your intent, then you should practice writing analogies more. Another thing is description by analogy is usually not a good way to go because you're almost guaranteed someone will read something into it that you didn't intend but is otherwise true with respect to your analogy, probably exactly what happened in this case.

      That's the point. Microsoft havn't "paid the penalty" for their conviction. All they have managed to do is drag the attempt out as long as possible.


      Keep reading a little more of that line (the part in parenthesis) before you hit the reply button.
  8. Trade Wars by N8F8 · · Score: 2, Informative

    The EU has been very heavy handed recently using any and all trade laws to hurt tech companies. It would be nice to have one or two of them say "screw you" and pull out of the market. A EU without Apple, Hitachi, Toshiba or Microsoft?

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
    1. Re:Trade Wars by Nuffsaid · · Score: 1

      A EU without Apple, Hitachi, Toshiba or Microsoft?
      YESSSSSSSSS!!!!!
      --
      Nuffsaid
      ________

      Don't know about his cat, but Schroedinger is definitely dead.
    2. Re:Trade Wars by Timesprout · · Score: 1

      You seem to be confusing heavy handed with enforcing trade laws and protecting consumer interests.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    3. Re:Trade Wars by mrchaotica · · Score: 2, Insightful

      Those tech companies would pull out if and only if the EU's punishment were worse than losing the EU market. For example, what would happen if MS stopped selling Windows in Europe? The entire continent would switch to Free Software almost instantly. I'll bet Microsoft is willing to put up with a Hell of a lot to prevent that from happening! And that's not just because of the lost sales directly, but also because it would prove to US businesses that Free Software is viable on a grand scale.

      --

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

    4. Re:Trade Wars by rolfwind · · Score: 1

      Microsoft has sold only 244 legitimate copies of Vista in China a while back. I think the figure is a bit higher in Europe.

      The European market is worth pursuing and frankly I'm glad the EU is forcing MS to open its protocols so others can compete. Otherwise MS will have a stranglehold on the desktop forever without really deserving it other than the fact there are no other viable choices.

    5. Re:Trade Wars by ledow · · Score: 1

      EU without Apple:

      A sad loss of one of only two "real" competitors to the Microsoft OS monopoly (the other, I would hazard, being the Free/OSS/Unix-y crowd all bundled together). Apple wouldn't want to risk it for the world.

      EU without Hitachi:

      So what? Plenty of other companies in and out of the EU that compete in all their product lines.

      EU without Toshiba:

      So what? Plenty of other companies in and out of the EU that compete in all their product lines.

      EU without Microsoft:

      That's what they are TRYING to do... or at least without the *current* Microsoft which has stifled the competition in the EU market.

      You picked some wonderful examples. Microsoft is easily the largest company in that list, one that is actually being punished for monopolistic practices, and one in a marketspace that has no significant commercial competitors (talking about the home- and small-business-based OS market here). The EU would barely notice the absence of the other three companies mentioned, unless it were for Apple's iPod business.

      None of the other companies have made a big deal of crying foul, or that they are being unfairly treated etc. and even if you scale up, MS is really the only one trying to look for sympathy.

    6. Re:Trade Wars by BlueTrin · · Score: 1

      I think that we would be doing fine without Hitachi and or Apple.

      Besides that EU without Microsoft = Open Source or Apple will win over time.

      --
      Don't you know it is now both immoral and criminal to think beyond the next quarterly report?
    7. Re:Trade Wars by tkinnun0 · · Score: 1

      For example, what would happen if MS stopped selling Windows in Europe?
      Copies of Windows would be imported or simply pirated. Or was that a trick question?
    8. Re:Trade Wars by giorgiofr · · Score: 1

      The entire continent would simply keep working on XP, while the black market for the now-illegal goods would be thriving in the span of a few months. THAT's what would happen. Prohibitionism, anyone? Besides, the day a gov't chooses what software I run is the day I become a MS fanboi.

      --
      Global warming is a cube.
    9. Re:Trade Wars by heinousjay · · Score: 1

      Almost instantly? What fabulous dream world do you occupy where such a changeover would take less than 5 years?

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    10. Re:Trade Wars by FireFury03 · · Score: 1

      Wasn't it reported somewhere that citizens of EU nations, when offered the "N" versions of Windows either purchased Windows from sources where the full versions were available or pirated the full-versions instead of purchasing the "N" version?

      The problem here is the lack of forsight of most consumers.

      Most consumers want things easy and good *now*, even if that makes things bad in the future (it's worth noting that many businesses work this way too, sacrificing long-term results for a quick fix).

      In the short term, bundling of software is good for the consumer since it makes everything easy. The problem is that it kills off the competition and a market with no competition will inevitably stagnate since there is no reason for the monopoly to improve their product (they nolonger have to stay ahead of the competition). Internet Explorer is a good example of this - there was a period of rapid development which ended with the competing browsers being almost completely killed off and then MS ceased development on IE altogether until some competition reappeared.

      Fundamentally, in order to protect the consumers' future, some amount of short-term pain must be endured. Whether it's down to the government to enforce this period of pain is open for debate, but clearly just giving the consumers the _option_ of short term hardship doesn't work - most people take the path of least immediate resistance, nomatter what the long term consequences.

      My personal opinion is that the governments should outlaw monoculture bundling, thereby removing the option for the consumers to screw their own future. If Microsoft want to bundle then fine, so long as they allow anyone else to bundle packages of a suitable quality using exactly the same system, much like Linux distros do. For example, when you get a brand new computer, instead of coming with IE preinstalled (and no way to remove it) it could simply ask you whether you want to use IE, FireFox, Opera, etc and install that over the network (and do it in such a way that you can uninstall it later). The choice of what software to use should be up to the consumer, not Microsoft or Dell - and it should be just as easy to use any of the options. The current idea that users get IE, Outluck, etc and if they want something else they are free to search and download it is broken because it requires that consumers have enough knowledge to do that.

    11. Re:Trade Wars by mrchaotica · · Score: 1

      5 years is "almost instantly."

      --

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

    12. Re:Trade Wars by Kumiorava · · Score: 1

      Hmm... Hitachi is somewhere around top50, Toshiba is in top100 and Microsoft is staying somewhere around top150 among companies in the world. Apple is smaller, but other two Japanese companies are much larger than Microsoft.

    13. Re:Trade Wars by SlOrbA · · Score: 1

      That is too narrow minded comment!

      We are talking about the biggest common market in the world. Naturally hardware manufacturers would start selling the hardware with alternative software bundles.

      In developing countries the piracy comes from the fact that there is no market sell _new_ hardware with _new_ software bundled. There on the other hand is a notion that grass is greener on the developed countries and they are using _new_ hardware bundled _new_ software over there.

    14. Re:Trade Wars by SlOrbA · · Score: 1

      Your notion of government saying what software you should run is not seeing the forest for the trees. By not splitting the Microsoft into slices the US government is balancing between number of choices in home market and offshore hegemony of computer software. The US government is saying that _you_ don't (need to) have a choice between the platforms from which the fruits of information society are served.

      In the industrial era US companies didn't need to sustain the homeland hegemony to prosper internationally, but in information technology you need consistent control of your market places or you'll slip into multi-company standard groups like the 3GPP.

    15. Re:Trade Wars by init100 · · Score: 1

      Wasn't it reported somewhere that citizens of EU nations, when offered the "N" versions of Windows either purchased Windows from sources where the full versions were available or pirated the full-versions instead of purchasing the "N" version?

      That is correct. Since Microsoft were allowed to price the N-version equivalently to the ordinary version, nobody wanted to pay the same amount of money for less, and thus, few people bought the N-version. If prices had differed by a large enough margin, we'd probably have an entirely different outcome.

    16. Re:Trade Wars by init100 · · Score: 1

      Besides, the day a gov't chooses what software I run is the day I become a MS fanboi.

      Since the GP discussed Microsoft pulling out because of EU punishment for bad behaviour, I guess this falls within your definition of "gov't chooses what software I run". Consequently, you must believe that governments shouldn't punish companies (such as Microsoft) even if they break the rules. In other words, you believe that Microsoft and its ilk are above the law. Is this correct?

    17. Re:Trade Wars by giorgiofr · · Score: 1

      I believe there should be no law regulating private matters. Such as the matters between MS and me. Or you and me. You must believe that the government should regulate all human activites. Is this correct?

      --
      Global warming is a cube.
    18. Re:Trade Wars by Anonymous Coward · · Score: 0

      It would be nice to have one or two of them say "screw you" and pull out of the market. A EU without Apple, Hitachi, Toshiba or Microsoft?


      Yeah, because it's not like companies need any of those 490 million people and their money (all US$13T GDP of it).

      P.S. The title of this sub-thread ("Trade Wars") reminds me of that old BBS game. :)
    19. Re:Trade Wars by 99BottlesOfBeerInMyF · · Score: 1

      I believe there should be no law regulating private matters. Such as the matters between MS and me.

      MS is corporation not a person. They are an artificial, legal entity created by the government. By definition, no matter between them and you is not public and involving the government.

      You must believe that the government should regulate all human activites. Is this correct?

      I'm not the original poster, but consider this: without government interference I could make copies of Windows all I wanted because there would be no patents or copyrights or trademarks to restrict my freedom of expression. There would be no corporate entity to collect my money.

      The EU is well within their rights to make stipulations about any interaction that breaks the law. If, for example, MS paid you $100,000 US dollars to murder a man, should the EU government not get involved because that is a private matter between you and MS? What about the rights of the man who you have been hired to kill? Are they less important?

      Monopolies are regulated to protect competitors in separate markets from being destroyed, despite the fat that they produce superior products. Capitalism works because the person who makes the best, cheapest product tends to get the most money and people are motivated by greed. When a monopoly can be used to introduce artificial problems in your competitor's product, then the best and cheapest does not get the most money and we end up with markets consolidating into the control of one company whose products tend to be inferior and who has no reason to innovate. It basically takes the bad parts of capitalism and combines them with the bad parts of socialism, while producing the benefits of neither. Did you complain this loudly about when the US convicted MaBell and stopped them from renting crappy telephones to people for upwards for of $10,000 over the course of their lifetime because that was a private transaction between the two of you?

    20. Re:Trade Wars by giorgiofr · · Score: 1

      I have no idea what went on between the US gov't and this MaBell you speak of, but I would have opposed it if it involved regulating a private company.

      --
      Global warming is a cube.
    21. Re:Trade Wars by 99BottlesOfBeerInMyF · · Score: 1

      I have no idea what went on between the US gov't and this MaBell you speak of, but I would have opposed it if it involved regulating a private company.

      If you're so ignorant of the history of monopolies that you don't know about Bell Telephone versus the DOJ, why would I value you opinion about antitrust regulation and the need for it? Why don't you answer my other question. If MS offered someone else money to kill you, do you think the government should get involved in regulating that transaction, or since it is between MS and the hired killer should they ignore it?

    22. Re:Trade Wars by init100 · · Score: 1

      You must believe that the government should regulate all human activites. Is this correct?

      No, I don't, but I prefer a regulated market versus an unregulated one, since the latter is much more prone to monopolies and near-monopolies that stifle the innovation and raise prices, since no one is allowed to stop them.

    23. Re:Trade Wars by Anonymous Coward · · Score: 0

      MS Top 5 in profit?

    24. Re:Trade Wars by giorgiofr · · Score: 1

      They should ignore it. Happy now? And do you seriously expect a foreigner to be well versed in such issues as some trial against an American company?

      --
      Global warming is a cube.
    25. Re:Trade Wars by 99BottlesOfBeerInMyF · · Score: 1

      They should ignore it. Happy now?

      I'm just trying to point out the logical flaw in your position. It is entirely proper for the government to be involved when a transaction is illegal, such as soliciting murder or antitrust bundling. Arguing that they absolutely should not on principal is what exposes you to demonstrations of how absurd that position can be.

      And do you seriously expect a foreigner to be well versed in such issues as some trial against an American company?

      I would expect anyone who feels the need to argue about antitrust issues in a public forum to be educated enough on the topic to at least have heard of some of the major antitrust cases of the last 100 years and Bell Telephone and Standard Oil are the two most common and well known examples I've seen everywhere, even if they do happen to both be based in the US.

    26. Re:Trade Wars by Anonymous Coward · · Score: 0

      Companies saying "screw you" to a market of 500 million citizens? :-D I think it is pretty obvious the one who would be screwed would be the company that pulled out of the market. The competitors would laugh their asses off...

      But honestly, I really hope Microsoft isn't aware of this, and _will_ pull out of the EU market...

      If Apple and Microsoft would both pull out, the various GNU/Linux and *BSD distributions would be the replacements which could be developed within the EU and thus create jobs _here_ instead of the current situation where the EU is continuously exporting lots of money by buying licenses of proprietary software.

    27. Re:Trade Wars by maggern · · Score: 1

      Didn't go to business school, did ya? ;)

    28. Re:Trade Wars by Anonymous Coward · · Score: 0

      What's the point? According to you logic Toyota is 6 times larger than Ford and indefinitely larger than GM? Anyway it's profits that count the size, right? This would mean that Apple is 6 times larger than Hitachi and 3 times larger than Toshiba... next year the ranking is totally different.

      The local store in the corner is also way larger than the US government, less deficit. Do you see where this kind of measurement is going towards?

    29. Re:Trade Wars by im_thatoneguy · · Score: 1

      More likely they would all switch over to *pirated copies of windows.

    30. Re:Trade Wars by evgen88 · · Score: 1

      "A EU without Apple, Hitachi, Toshiba or Microsoft?"

      Hmmm, sounds kinda good actually . . . . how is the EU on immigration recently?

    31. Re:Trade Wars by nanosquid · · Score: 1

      The EU has been very heavy handed recently using any and all trade laws to hurt tech companies.

      Good.

      It would be nice to have one or two of them say "screw you" and pull out of the market. A EU without Apple, Hitachi, Toshiba or Microsoft?

      Yes, indeed, it would be nice. Microsoft: don't let the door hit you on the way out. The sooner the better as far as I'm concerned.

    32. Re:Trade Wars by nso · · Score: 0

      With Europe being the worlds largest trade marked, do you really see Apple, Hitachi, Toshiba or Microsoft as they are today without an EU?

      You do not bite the hand that feeds you. You obey it, or you get the back of it.

    33. Re:Trade Wars by Anonymous Coward · · Score: 0

      Yes, Please!!!
      Who needs any of this Tech Companies as you call them? Do the US needs them? I don't think so. Trade laws are there for a reason, to be applied, ALL OF THEM!

      Anyway, in Spain, Microsoft is the best place to work, as a recent study found out. Such a shame for all those people, going back to slavery.

      V's!

      CAPTCHA: "invite" me to work on Microsoft, I'll help'em migrate to Linux... poor bastards.

    34. Re:Trade Wars by Anonymous Coward · · Score: 0

      How's this for a commercial ad?

      Come to Spain and run with the bulls, run from the SGAE (RIAA), get very drunk and migrate to Linux using one of our state made distros: Guadalinex, MAX, Meduxa, Melinux, Molinux, Tirwal, gnUAMix, LliureX and Trisquel... damn there's lot of this things!

      CAPTCHA: "unified" by the OSS philosophy

  9. Which bounds? by asninn · · Score: 4, Insightful

    Its bounds? The EU pretty cannot overstep its bounds - if Microsoft wants to do business here, they'll have to play by the rules, just like - and this is important - EVERYONE ELSE. If they're unwilling to do that (and I'm not saying "unable or unwilling" since it's pretty much impossible for them to really be unable), well... nobody's forcing them to do business here. There's no dog-given right to act like an arse, and our politicians haven't been bought out 100% yet (just 99%).

    On a side note, it's really rather funny to see that all the hatred for Microsoft on Slashdot suddenly vanish as soon as it's Microsoft vs. the EU - then suddenly, defending a fellow US-American company suddenly seems to become more important than pointing out how much Microsoft as a convicted monopolist engaged in illegal anti-competitive tactics is hurting innovation/the industry/society.

    --
    butter the donkey
    1. Re:Which bounds? by seriesrover · · Score: 1

      Oh for crying out loud - yes In Rome and all that but one is allowed to debate the wisdom of a super-government dictating product pricing of a private company. I don't defend MS at all costs but I do see that the way to "beat" MS is by producing a better product, not by overstepping in legislation.

    2. Re:Which bounds? by HoosierPeschke · · Score: 3, Insightful

      On a side note, it's really rather funny to see that all the hatred for Microsoft on Slashdot suddenly vanish as soon as it's Microsoft vs. the EU - then suddenly, defending a fellow US-American company suddenly seems to become more important than pointing out how much Microsoft as a convicted monopolist engaged in illegal anti-competitive tactics is hurting innovation/the industry/society.


      Not all of us, I'm glad someone isn't putting up with MS's crap.
      --
      Mr. Universe: "They can't stop the signal, Mal. They can never stop the signal."
    3. Re:Which bounds? by Angst+Badger · · Score: 5, Insightful

      Well, speaking as an American, I'm glad the EU is spanking Microsoft, since our government is so completely bought and paid for by corporate interests that there is no longer any meaningful regulation of anticompetitive behavior here. In any event, I don't view Microsoft as an American company in any meaningful sense. If a foreign power had damaged US productivity and parasitically drained off as much capital from US businesses as Microsoft has, it would be construed as an act of war. Microsoft helps America only in the sense that it helps itself to lots of American money it could not access if American regulators still gave a shit about competition.

      As far as I'm concerned, the EU hasn't gone far enough. But to be fair, and to avoid attributing to EU regulators a moral high ground they don't in fact possess, I have my doubts that the EU would have gone as far as it has if Microsoft was a European company. On the other hand, it's questionable whether, say, French agricultural subsidies affect nearly as many people as Windows.

      --
      Proud member of the Weirdo-American community.
    4. Re:Which bounds? by ak3ldama · · Score: 2, Insightful

      Well put. I hope that the EU goes farther. I also hope they set an example for how to deal with such a powerful, and at times morally bankrupt, company as Microsoft. Challenging the validity and usefulness of their patents is a step in the right direction.

      --
      "but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
    5. Re:Which bounds? by radarjd · · Score: 1
      one is allowed to debate the wisdom of a super-government dictating product pricing of a private company

      I agree with that. On the other hand, EU is its own sovereign. I do not come under its jurisdiction (unless I visit), so my opinion does not and should not have the force of a citizen (and voter) living under its laws. I feel much more justified complaining or defending US policy, as I'm a citizen.

      That said, I think the EU needs to stop threatening and start doing -- whatever it does decide to do...

    6. Re:Which bounds? by erroneus · · Score: 0

      Under current condition and especially under prior conditions, Microsoft has demonstrably shown that by making a better product, that Microsoft would wield its monopoly powers to stifle any and all competition. Using practices and methods as simple as demanding that Dell sell no "naked" PCs and that all machines shall be sold with MS Windows would be a pretty good example. Making a better OS wouldn't matter if Microsoft makes deals that prevents the competition from entering the market.

      Being better isn't enough when dealing with monopolies.

    7. Re:Which bounds? by ScrewMaster · · Score: 1

      On a side note, it's really rather funny to see that all the hatred for Microsoft on Slashdot suddenly vanish as soon as it's Microsoft vs. the EU - then suddenly, defending a fellow US-American company suddenly seems to become more important than pointing out how much Microsoft as a convicted monopolist engaged in illegal anti-competitive tactics is hurting innovation/the industry/society.

      Microsoft may be run by corporate asses, but hey ... they're our corporate asses, so there. If the converse were true, I have zero doubt that European Slashdotters would be vigorously defending their own obnoxious, overbearing convicted monopolist. I'd be surprised if you didn't. However, if you're asking the American tech crowd who they would like to see suffer more, Microsoft or the EU, well, maybe you don't want to ask that. The answer is by no means clear and besides, if the European Union does manage to seriously affect Microsoft's bottom line, they'll just try to make up the lost profits here in the States (although one has to wonder how much more squeezing of its customer base Microsoft can get away with before mass migration to alternatives occurs all on its own.)

      When all is said and done, however, I think we're all just jealous that our own government didn't have the collective cojones to stand up to Microsoft and say "Cut it out! No, I don't want to hear it. Just CUT ... IT ... OUT!" Now, I'd be hard pressed to say which organization is more susceptible to undue corporate influence, the European Union or the United States Federal Government: both have serious problems in that regard. I'm encouraged because at least, in this case, the EU appears to be taking the correct stance. Hopefully there's real intent to open up the software market so that Europe can see some real competition. If so ... more power to 'em.

      If not, just keep enjoying that Microsoft addiction. It's worse than smoking, and in either case the longer you wait to start quitting, the harder it is to break free.

      --
      The higher the technology, the sharper that two-edged sword.
    8. Re:Which bounds? by brkello · · Score: 0

      Of course it can overstep its bounds. Just like the US can overstep its bounds (see Iraq war). Yeah, Slashdot is anti-MS...that should say something to you when they are siding with MS against the EU. Americans (or Slashdotians) have no beef with the EU. But when we see something that logically is unfair, we are able to drop our bias against MS (well, somewhat) and say something is going too far. You should be able to look at your own political system and see its flaws.

      I am tired of the anti-American garbage that gets modded up on this site. Americans feel so bad about how our administration is screwing up the world that we mod this stuff up out of self-hate. Quite frankly, we aren't backing a US-American company. We are voicing our opinions against the EU's heavy handedness. Yeah, we all know the dark side of MS. Does that mean the EU should act improperly as well. Your post is really telling, though. This is more the EU trying to spit in the eye of the US while it is popular to do so. The small child standing up to the bully. Quite frankly, MS != US to us. It is just a giant corporation that has a lot of anti-competitive practices. If Slashdot of all places is siding with MS, then there are probably some good reasons.

      --
      Support a great indie game: http://www.abaddon360.com
    9. Re:Which bounds? by sscroggins · · Score: 1

      What I think is funny (in a sad and pathetic way) is that so many people, American or not, have such a rabid hatred of Microsoft. Does this all go back to Microsoft "bundling" a bunch of additional features in the OS? That's anti-competitive? When I purchased my car it came with a sound system that was "bundled" with the purchase. I wanted a different one so I bought it and installed it. No harm. People do this all the time with different types of products, particularly vehicles that cost far more money than an OS. Why is it acceptable for someone to toss out perfectly good parts of a vehicle in favor of something that they want more, but when an OS comes with some perfectly good features it's some kind of big deal to just install and use something else?

    10. Re:Which bounds? by Isofarro · · Score: 1

      The answer is by no means clear and besides, if the European Union does manage to seriously affect Microsoft's bottom line, they'll just try to make up the lost profits here in the States
      That might be a good thing for US people to pay about the same price as people in the UK. Take for example Vista which costs UK purchasers twice as much as US purchasers( see here ). I guess most of the EU is subsidising low US prices, so it would be a good step to eliminate that subsidy, and stop gouging those profits off EU residents.
    11. Re:Which bounds? by sane? · · Score: 4, Insightful

      Quite right.

      My only wish is that they didn't keep on giving Microsoft chances and simply hammered them for their existing crimes. Break them up into OS and apps and have done with it; we all know that's what's needed. The EU can, and has the power and moral right to do so. Forget all this "its a US company", it an international company that has played a monopoly hand in the EU. If the US can get away with hijacking legal EU businessmen, the EU can get away with imposing breakup on a company even outside its borders. From a practical standpoint, if the choice was "break in two or all your copyrights are cancelled" what do you think would happen? What do you think China would do?

      The funny thing is this is Microsoft bringing it on their own heads. If they had made this data freely available years ago there would BE no case. Its purely because they decided to play cute that they are here. Bluffing on a weak hand is never a smart move.

    12. Re:Which bounds? by MrNonchalant · · Score: 1

      There's no dog-given right to act like an arse
      I for one welcome our magnanimous dog overlords.
    13. Re:Which bounds? by Blakey+Rat · · Score: 1

      What the EU should be doing is encouraging domestic (European) competition for Microsoft. Apparently, European companies were all kind of dozing off in the early 90s when Microsoft was developing great products, setting up their sales and distribution, and becoming a monopoly. Think about how screwed up it is that a country of 60 million people, all of whom speak French, buy their operating system from an American company that speaks English. 60 million people is more than enough to support a domestic OS; where is it?

      That said, punishing successful companies is stupid. Those companies are successful because they offer something that other companies do not-- maybe it's lower cost, like Wal-Mart, maybe it's better product integration, like Microsoft, or maybe it's higher quality, like Japanese auto-makers. If you want to dethrone Microsoft, make a product that's significantly better than Windows and Office and beat them at their own game... if you fail, well, business is cut-throat. (Of course, the EU doesn't care because Microsoft is a successful American company. They'd never do the same to a successful European company.)

      Government should be in the business of encouraging business, and that includes getting out of the way of successful businesses and letting them do their thing.

    14. Re:Which bounds? by argStyopa · · Score: 1

      "...defending a fellow US-American company suddenly seems to become more important than pointing out how much Microsoft as a convicted monopolist engaged in illegal anti-competitive tactics is hurting innovation/the industry/society."

      Well sure, as long as the EU is the one who gets to frame the debate by picking & choosing whom to prosecute.

      In this case, I'm sure it's just coincidence that the EU decided to go after an American company, Microsoft, instead of the many state monopolies and near-monopolies across the EU on dozens of industries from airliners and alcohol to power production and paper sacks?

      Hey, I personally wish that the DoJ *had* broken up Microsoft. Fortunately, it looks like Microsoft is going to cut their own wrists with a bloated, buggy, and unneeded Vista.

      But let's call a spade a spade, and recognize that both the US gov't and the EU have a "homer" agenda that pushes them to punish 'foreigners' far more than they scrutinize themselves.

      --
      -Styopa
    15. Re:Which bounds? by Mr.+McGibby · · Score: 1

      Because they are a monopoly.

      --
      Mad Software: Rantings on Developing So
    16. Re:Which bounds? by ScrewMaster · · Score: 1

      but when an OS comes with some perfectly good features it's some kind of big deal to just install and use something else?

      Because, for a substantial portion of Microsoft's user base, it really is a big deal to install and use something else. All of the crap that has been going on about "unbundling this" and "media-player that" is not directed at the small segment of the population to whom installing a new piece of software is trivial. It's about the untold millions of users who can't tell their brower's URL field from Google's search box. Whether or not it is even worth worrying about those people is another question.

      It's also about Microsoft achieving de facto dominance in other areas (such as multimedia) because it ships software that, by default, will be used by the bulk of Windows users. So this really isn't an issue of Microsoft telling you that you can't install competing applications (or a car dealer telling you that you can't put in a different stereo) it's more a matter of user inertia. In both scenarios people will tend to use whatever features that already happen to be there, and may not even be aware that there are other possibilities.

      Microsoft certainly won't mention them.

      --
      The higher the technology, the sharper that two-edged sword.
    17. Re:Which bounds? by Anonymous Coward · · Score: 2, Informative

      EU regulators have gone a *lot* further against some European companies. Siemens, ThyssenKrupp, KONE and Schindler have got huge fines for anti-competitive practices recently, way more than Microsofts 497 million fine, which they only got after refusing the settlement where they got away for free if they would just stop breaking the law.

    18. Re:Which bounds? by locofungus · · Score: 3, Informative

      But let's call a spade a spade, and recognize that both the US gov't and the EU have a "homer" agenda that pushes them to punish 'foreigners' far more than they scrutinize themselves.

      Where did you get this idea from?

      Record EU fine for lift 'cartel'

      http://news.bbc.co.uk/2/hi/business/6383913.stm

      Tim.

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

      I didn't follow your link, however, consider that just maybe the increased price directly reflects the additional costs associated with EU regs/lawsuits and your lovely VAT tax.


      Corporations always price their products to cover expenses, liability, risk and corporate taxes. It is rarely arbitrary (i.e. "soak the EU"), it is more along the lines of "cover our projected expenses and add our desired profit".

      --
      God: When you do things right, people won't be sure you've done anything at all.
    20. Re:Which bounds? by seriesrover · · Score: 1
      Government should be in the business of encouraging business, and that includes getting out of the way of successful businesses and letting them do their thing


      Bingo!

    21. Re:Which bounds? by jimicus · · Score: 1

      Break them up into OS and apps and have done with it; we all know that's what's needed.

      I disagree.

      While the apps business would no longer have the upper hand over other apps companies (they wouldn't necessarily know in advance what the OS business is doing), you'd wind up with two companies, both of which have monopolies in their respective fields (if you consider Office to be probably one of, if not the most important app within MS).

      Far more effective would have been two OS companies, both starting with a copy of the source-code for Windows and able to take it where they pleased. Do something similar with apps.

    22. Re:Which bounds? by 99BottlesOfBeerInMyF · · Score: 1

      What I think is funny (in a sad and pathetic way) is that so many people, American or not, have such a rabid hatred of Microsoft.

      People, in general, do not. Most don't even know who MS is, and of those who do some think of them as the people who may the xbox and a few know they make Windows or Word. People on Slashdot tend to have a lot of anger towards MS, but we're computer people and above average in intelligence. To most people "monopoly abuse that stifles innovation in the OS market" is a bunch of gibberish. To us it means one company has held back the future and kept our cool toys from us and made us work around their shitty intentionally broken designs.

      Does this all go back to Microsoft "bundling" a bunch of additional features in the OS? That's anti-competitive? When I purchased my car it came with a sound system that was "bundled" with the purchase.

      Sigh. Every single article about this contains your post or one like it; you know, the moron who decidedness to make an analogy about monopoly abuse and does not include any monopolies in the example. Can't you go back to MySpace or wherever it is you people come from?

      Why is it acceptable for someone to toss out perfectly good parts of a vehicle in favor of something that they want more, but when an OS comes with some perfectly good features it's some kind of big deal to just install and use something else?

      Because MS has a monopoly on OS's and no one has a monopoly on cars. Try your example again, including a monopoly, like electrical distribution.

    23. Re:Which bounds? by lonesometrainer · · Score: 1

      Yeah, really well put, but...

      Quote: "But to be fair, and to avoid attributing to EU regulators a moral high ground they don't in fact possess, I have my doubts that the EU would have gone as far as it has if Microsoft was a European company"

      Please take a look at http://ec.europa.eu/comm/competition/antitrust/cas es/ which contains a huge list of antitrust cases (with damages > 500 million euro/650 million US$ per company (!)) initiated by the EU mainly against european companies.

    24. Re:Which bounds? by dueyfinster · · Score: 1

      Exactly, if people actually bothered to know anything bout this, they would know all the powers the EU is given is through a democratic process. If you search Neelie Kroes in the news, she is fighting cartels which is exactly her job. This includes price fixing in her own country over Beer prices, Polish Shipyards and lots of other non-competitive industries. She can't go after them all, and some are politically sensitive [Usually to one or more of the big European countries] (though it does not make them less corrupt) like Airbus, BAE Systems and CAP (Common Agriculture Policy), which means member states would bury them (like the UK did with BAE Systems Defense Contract Dealings with Saudia Arabia).

      So please before stupid inane questions at the end of submissions like that, actually know what your talking about. I haven't even mentioned Microsoft, I left that to other posts....

      --
      --- Duey Finster http://www.dueyfinster.com
    25. Re:Which bounds? by mandelbr0t · · Score: 1

      If a foreign power had damaged US productivity and parasitically drained off as much capital from US businesses as Microsoft has, it would be construed as an act of war Which is why FSF people tend to be so zealous. They haven't technically declared war in the strictest sense, but their stance against Microsoft's parasitic tactics is uncompromising. In every other sense, it really is war. Both sides have combatants who fight extraordinarily passionately, and many are willing to fight to the death over it (speaking for myself here, but I'm sure there's others). Of course, without an actual declaration of war I can't enter the Microsoft campus with a gym bag full of automatic weapons, but I dream about it often.
      --
      "Please describe the scientific nature of the 'whammy'" - Agent Scully
    26. Re:Which bounds? by jd · · Score: 1
      I'm getting a little tired of the chances, myself, but if it gives Microsoft another chance of receiving a record fine, it's hard to disagree with it completely. What would be better, though, is for the EU to accelerate the appeals process and get the whole case dealt with ASAP. And then collect, by whatever means necessary. The fact is, although the EU is prosecuting Microsoft's contempt of court, as well as the practices, they will be seen as toothless if they can't actually get Microsoft to deliver.

      In fact, the EU should seriously consider whether it would be advisable to seize assets up to the value of the fines so far, on the grounds that Microsoft's continued contempt of court shows a dangerously low probability of payment once appeals are exhausted.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    27. Re:Which bounds? by dhavleak · · Score: 1

      If a foreign power had damaged US productivity and parasitically drained off as much capital from US businesses as Microsoft has, it would be construed as an act of war. Microsoft helps America only in the sense that it helps itself to lots of American money it could not access if American regulators still gave a shit about competition. This is what gets my goat about /. Blind hatred of MS is so rampant that people can say anything negative that comes to their mind and go unchallenged. I call BS. Obviously I have to put in a disclaimer here so that, god forbid, I'm not mistaken for a MS flunky. But my point is a bit broader than MS-bashing. There's a bunch of other trends where the /. community seems to be completely brainwashed into a single homogeneous position that they repeat often enough to convince themselves that its true. DRM being just one such example. Whatever happened to intelligent geeks evaluating stuff at merit?
    28. Re:Which bounds? by Ernesto+Alvarez · · Score: 1

      There's a bunch of other trends where the /. community seems to be completely brainwashed into a single homogeneous position that they repeat often enough to convince themselves that its true. DRM being just one such example. Whatever happened to intelligent geeks evaluating stuff at merit?


      In what way might DRM benefit me that would make me consider it a good thing?
    29. Re:Which bounds? by clarkn0va · · Score: 1

      Bluffing on a weak hand is never a smart move.
      Even if one never has a strong hand?
      --
      I am literally 3000 tokens away from the chaotic crossbow --Stephen
    30. Re:Which bounds? by nanosquid · · Score: 1

      I don't defend MS at all costs but I do see that the way to "beat" MS is by producing a better product, not by overstepping in legislation.

      People have tried that for two decades and it doesn't work; through monopolistic practices,bundling, tying, and loss leaders, Microsoft kills any competition, no matter how good the technology.

      Reining in Microsoft's abusive behavior is not "overstepping legislation", it's what government is supposed to do, and neither the US nor the EU are doing it aggressively enough.

    31. Re:Which bounds? by LingNoi · · Score: 1

      make a product that's significantly better than Windows and Office and beat them at their own game

      and how does one make a better product that interoperates with Microsoft Windows? By implementing Protocol specs...

      and how does one get those specs? From Microsoft who doesn't want to give them away..

      It is about Microsoft handing over the damn manual to their protocols so I can do file sharing between my PC and Mac.

    32. Re:Which bounds? by LingNoi · · Score: 1

      Of course it can overstep its bounds. Just like the US can overstep its bounds (see Iraq war). Yeah, Slashdot is anti-MS...

      How can you compare the US's Decision to attack Iraq to the EU's Decision to fine Microsoft for not releasing protocol specifications on file sharing, etc, etc

      You have completely lost the plot.

      Just because Microsoft is an American company means nothing to the EU which wishes to see the specifications of protocols to be opened up so that other companies can join in and interoperate with Microsoft Windows. That doesn't mean the EU hates Microsoft or even that they would switch off Microsoft platforms. The EU will probably use Microsoft products for at least the next 10 years.

  10. I'm No Great Fan Of MS... by Real+World+Stuff · · Score: 1, Insightful

    But c'mon. Clarity and lack of prejudice need to be the driving force for communication in this matter. Levels of bureaucracies only stymie potential resolution.

    --
    If we don't fight for ourselves no one will.
  11. Government interference by seriesrover · · Score: 1

    You know, the more governments interfere on how a private company should price its products the more worrying it is to me. Rules and regulations are one thing on how a company should conduct itself, but a company should be able to price its product as it damn well pleases. If people don't think its value for money then they can go elsewhere and look at the competition - thats what a free market is all about.

    1. Re:Government interference by wonkavader · · Score: 4, Insightful

      Yes, unless it has a monopoly, at which point it's subject to intense regulation.

    2. Re:Government interference by Anonymous Coward · · Score: 0

      ...thats what a free market is all about

      We are talking about Microsoft the CONVICTED MONOPOLIST, so what does
      the free market have to do with it?

    3. Re:Government interference by Anonymous Coward · · Score: 0

      what product? this is information on how to interoperate with their product and the EU is telling them that the 'reasonable fee' that they charge for sharing that information isn't reasonable. "There are open standards for doing stuff, if you don't want to use the open standard you still have to tell people how you are doing it so you can't leverage your different methods to stop other people making products that need to work with yours to be functional."

      Here's an example - toilet cleaning blocks; (the kind that hang under the rim) whilst a company that makes the holders & blocks is welcome to do them any shape that they like (and change the shape every month if they want) they can't stop other companies from selling refill blocks of the same shape once they've examined the new shape being used. If the company that makes the holders wants to have a business for the refill blocks as well then it needs to sell a better refill block (a better implementation, if you will) - all the EU is doing here is stopping M$ from trying to use technological/economic means to prevent competitors from knowing what shape the toilet block is and forcing them to make a better implementation of their methods (or standards).

      And I don't see why that is a bad thing - it's one of the few positive benefits of government's constant determination to make computer related stuff work like the physical world.

    4. Re:Government interference by 99BottlesOfBeerInMyF · · Score: 1

      You know, the more governments interfere on how a private company should price its products the more worrying it is to me.

      I agree micromanagement is a bad idea and won't work in the long term and is subject to abuse.

      Rules and regulations are one thing on how a company should conduct itself, but a company should be able to price its product as it damn well pleases.

      We're not talking rules and regulations. We're discussing the law. MS is breaking the law. For example, what if MS started charging, "you must kill one black person" and we'll give you a copy of our OS. Should that be legal? I mean should the government interfere with that pricing? When the pricing itself constitutes an illegal act because it is undermining the free market economy using a monopoly, then it is certainly appropriate for the government to do whatever it takes to stop that illegal action (whether it is soliciting a murder, or antitrust abuse).

      If people don't think its value for money then they can go elsewhere and look at the competition - thats what a free market is all about.

      Ahh, but that is exactly the problem. We have a fairly capitalist economy not for moral reasons, but because it works. Capitalism motivates innovation and low prices and everyone benefits. If that were not the case, we'd all be socialist and avoid all the unnecessary duplication of resources. So here's the problem. If you have a monopoly and tie that monopoly to a new market, you undermine capitalism. The market is no longer free. The cheapest and best product is no longer the best deal for people because you can introduce artificial problems with your competitors. No economy on the planet that I know of is unregulated with regard to monopolies because of this. If you don't stop them they expand until they control all the markets not controlled by another monopoly and then you no longer have capitalism, you have feudalism.

      I think you're right that micromanaging MS's pricing is a bad idea, but the EU is in a bad place. Any competent economist will tell you the only real solution is to break up MS into multiple, competing companies and then let capitalism sort it out again as each now has direct financial interest in innovating and lowering prices and has no ability to leverage themselves illegally. The problem is that MS bought the US politicians with huge donations and after being convicted we reversed the judge's sentence of doing that, and instead did nothing at all. So if the EU breaks them up, it is a diplomatic problem with those same corrupt U.S. politicians and if they don't they have to micromanage and stop each and every illegal act, which simply does not work with as inefficient of a court system as the EU has.

    5. Re:Government interference by kaiwai · · Score: 1

      The problem I have isn't necessarily the 'price setting' but whether the cure is worse than the disease itself.

      For me, if you're going to demand Microsoft open up its protocols, you should demand that all software companies do like wise; to fully disclose their whole protocol and file format specifications freely available for anyone to download and implement without the requirement of NDA or payments to be made.

      Specifications do *NOT* mean opensource, I am saying that now before some halfwitt comes out of their cave/rock declaring that to be the case, the simple fact is, you can disclose a specification without needing to disclose the source code.

  12. Re:Appropriate price? Zero Euros and redistributio by Anonymous Coward · · Score: 0

    Your assuming they dont have a "look at the source codes!!!! damn newb" policy on documentation. From i have heard about their documentations, and implementations, neither are any good as documentation of any form.

  13. only four? by CaptainPatent · · Score: 1

    so the article concludes: "only four may only deserve to claim a limited degree of innovation." man... if only BetaNews only had an editor. I'm sure it would only cost only a minimal amount per article if only.

    --
    Well, back to rejecting software patent applications.
  14. Well beyond their boundaries by gravesb · · Score: 2, Interesting

    The EU has already pushed too far. I personally refuse to use MS products, so I'm not a MS fan, but the EU has gone too far in interfering with the market. Yes, the US has gone too far in "promoting" innovation through patents, but the EU has swung too far the other way. Besides, if you won't allow software patents (which I am against), then you should allow software to be a trade secret. If you are concerned about the monopoly, how about all governments use an open standard for all government business? Then, companies that want to do business with the government will switch, and things will cascade down. Governments have enough power as market actors, as opposed to market regulators, to affect things without being so heavy handed.

    --
    http://bgcommonsense.blogspot.com
    1. Re:Well beyond their boundaries by Alioth · · Score: 1

      The EU isn't asking for the software to be opened, merely the protocols. It's not too much to ask for a company convicted of abusing its monopoly position.

    2. Re:Well beyond their boundaries by bakes · · Score: 1

      You might be right about the EU having pushed too far, I'm not certain one way or another.

      I don't think the 'boundaries' is the only question though. What I am interested in finding out is how does the EU come up with these sorts of ideas? Is there someone in particular there that hates Microsoft and is in a position to initiate these sorts of inquiries? Or is it just because MS is such a large company and hence an easy target?

      Is the EU also swinging similar mallets at other (non-tech) companies that we at Slashdot would not hear about?

      --
      Ho! Haha! Guard! Turn! Parry! Dodge! Spin! Ha! Thrust!
    3. Re:Well beyond their boundaries by MadMidnightBomber · · Score: 1
      1. Software is covered perfectly well under copyright law, it doesn't need the status of trade secret.

      2. If you are a monopoly, then you will have regulations that other smaller companies don't have. Didn't the US break up oil and telecom companies because they were monopolies?

      --
      "It doesn't cost enough, and it makes too much sense."
    4. Re:Well beyond their boundaries by gravesb · · Score: 1

      Copyright law only covers a verbatim copy of software. As long as your re-write it, you can keep the same logic, and not pay anything to the company. That's why there was originally a push for software patents; so people couldn't copy the logic. Trade secret laws were designed for exactly this type of thing.

      --
      http://bgcommonsense.blogspot.com
    5. Re:Well beyond their boundaries by ozzee · · Score: 1

      ... a push for software patents; so people couldn't copy the logic.

      .. and that's been playing out swimmingly ... NOT.

      There are very few software patents that I see merit their existence. Most I have seen are simply "idea" patents which goes against the entire idea of patents.

    6. Re:Well beyond their boundaries by gravesb · · Score: 1

      I agree with you; I wasn't making a normative claim, just explaining why the push originally happened. If copyright provided adequate protection, we would not have seen a push for software patents. Why try and pass new laws if existing ones provide the protection you need? Again, though, I am fully against patenting software, or any other mathematical equation. To me, they boil down to something found in nature.

      --
      http://bgcommonsense.blogspot.com
    7. Re:Well beyond their boundaries by LingNoi · · Score: 1

      If you are concerned about the monopoly, how about all governments use an open standard for all government business?

      The EU is acting on behalf of complaints from companies such as Sun Microsystems.

      You have not been following the debate at all which has been about getting Microsoft to release details on how windows computers talk to each other. Not software or source code.

    8. Re:Well beyond their boundaries by LingNoi · · Score: 1

      Is there someone in particular there that hates Microsoft and is in a position to initiate these sorts of inquiries?

      Sun Microsystems initiated the complaint against not being able to interoperate with Microsoft windows.

  15. Where does... by s31523 · · Score: 2, Funny

    Where does a 500 pound gorilla sit? Anywhere she wants, except in the 600 pound gorilla's seat.

    I don't know who is the 600 pound gorilla in this case, but it sure is interesting to see a case where M$ doesn't just walk all over someone and is actually being bullied back....

  16. I wish they were this aggressive on medicine by xxxJonBoyxxx · · Score: 3, Insightful

    The EU has stated the Microsoft should charge based on 'innovation, not patentability'... The EU is also starting to discuss structural remedies as opposed to the behavioral remedies they are currently enforcing.


    Imagine if the EU dumped its focus on trivial crap like software patents and applied the same reasoning to medicine patents.
    1. Re:I wish they were this aggressive on medicine by Billosaur · · Score: 1

      Imagine if the EU dumped its focus on trivial crap like software patents and applied the same reasoning to medicine patents.

      Imagine if everybody dumped their focus on (name over-emphasized thing here) and applied the same amount of energy to disease, poverty, war, etc.

      --
      GetOuttaMySpace - The Anti-Social Network
    2. Re:I wish they were this aggressive on medicine by OldeTimeGeek · · Score: 1

      The Human Race has applied considerable energy to war. We're much better at it than we used to be.

    3. Re:I wish they were this aggressive on medicine by dunkelfalke · · Score: 1

      software as such is not patentable in the eu.

      --
      Conservatism: The fear that somewhere, somehow, someone you think is your inferior is being treated as your equal.
  17. Question on question on question by remmelt · · Score: 1

    To hurt tech companies or to protect European consumers?

    (Retort with: Or European companies?)

  18. Re:Appropriate price? Zero Euros and redistributio by seriesrover · · Score: 1

    No, fair price does not mean equivalent price points - they are not the same product. Or lets turn it on its head - how about Free Software charging the same as MS ?

  19. In the words of the Americans by Anonymous Coward · · Score: 0


    if you don't like the way things are done [in the EU] then take your ball and leave, you are welcome to practice monopoly in USA

    and the snide remark about the EU overstepping its bounds, its "bounds" are to make business "free and fair"
    they are not doing this for fun or to "stick it to the US" they are doing it because many companies/individuals have complained and so they acting on this to bring about a level "competitive" playing field

    the last comment on the article really says it all
    In 2000, US District Judge Thomas Penfield Jackson ordered Microsoft to be broken up into two companies, but the decision was thrown out by an appeals court in June 2001, and Jackson was removed from the case. The US Department of Justice later dropped its efforts to split up Microsoft.

    remember if you go against big business in USA and find in favour of the little guy you will be fired (see Alberto Gonzo and 8 judges for a recent example)

  20. It's about rent by hey! · · Score: 4, Insightful

    Namely, renting access to your own data.

    In other words, how much should customers have to pay to get at their own data, which happens to reside on Microsoft products?

    Lets take MS's argument seriously for a moment, to see where that leads us.

    Suppose there is software A, which holds the data, and software B, which accesses the data. How much does MS charge for that A-B interface? There are two possible answers to this. First, they charge 0. Then everybody should pay zero. The second possible answer is that the cost of the A-B interface is part of the cost of A,B, or both.

    In that case, they are illegally bundling it, forcing users to buy access to the other product when they buy A or B, but not allow customers to use it to access competitive software. They should unbundle the interface and show that all three components are priced competitively and independently.

    Whatever the piece of innovation that MS feels it should be compensated for, customers should be able to buy it without having to buy other MS products.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    1. Re:It's about rent by rs232 · · Score: 1

      'how much should customers have to pay to get at their own data, which happens to reside on Microsoft products? .. Lets take MS's argument seriously for a moment, to see where that leads us'

      It leads to this situation. Company A pays company C to do business with company B despite having no contractual arrangement with company C.

      --
      davecb5620@gmail.com
    2. Re:It's about rent by Anonymous Coward · · Score: 0

      The way I see this case is that it is a matter of free speech. No, really.

      If I invented a language, spread it around the whole world so that everybody used it, and then charged for its use arbitrarily and with enough force to coerce silence, I would be in abridgment of fundamental rights.

      Microsoft is not being told to open up their codebase. The only information of interest is the communication protocols. Obviously they do not want to, because the vendor lock is what they base their business strategy off of. They over and over again refuse to accept functional standards and invent their own, often buggy, implementations so that they can control the points of content creation and consumption.

      If MS creates a wonder product then that is equivalent to them having something to say. And if you want the power to speak as well, you buy their software. But they should not be able to then restrict who you are allowed to speak to with this now empowered voice.

      Office should be about the power to craft wonderful documents, not about the imposed restrictions of said docs now only working with other MS products.

      The same argument carries even more so into the realm of internet protocols.

      Once upon a time, there were governments that liked to have an illiterate population because controlling information flow controlled everything else.

      Restricting communication is the very essence of restricting innovation.

      This is about freedom of expression in a modern world.

  21. It certainly hasn't overstepped its bounds yet by simm1701 · · Score: 3, Interesting

    What point could it?

    Well if it bankrupted the company then yes that would be too far certainly. If it made it so the company when complying with the law (ie not being fined) could not actualy make a profit after costs, that would be too far.

    Many prices are restricted by goverments - I suspect even in the US though I don't know for certain. Things like the cost per unit of electricity, water, gas, telecoms, public transport when run by private companies. These are to ensure that companies that have effective monopolies cannot abuse the position.

    Same with mircosoft. I agree they should be able to charge what they want for their software. But where they have a protocol or an API that completely separate instance of software talk to (eg from a different computer on the network of from a piece of software that is not part of the OS, or not part of the same software suite) then those interfaces, protocols and APIs should be documented and the information provided for free.

    Yes they can protect their code and their implementations, but the fact you have a microsoft server should not force you to have a microsoft desktop in order to use it - other desktop made by others should be able to communicate on the same level. And vice versa, it should be perfectly possible, from complete and freely available documentation to implement a server that will behave from a clients point of view in the same way a microsoft server would. This is simply fair competition.

    Microsoft would then have to get by on the merits of it software, rather than on vendor lock in.

    --
    $_="Slashdotter";$syn="OTT";s;..;;;sub _{print shift||$_};s!ash!Perl !;s=$syn=ack=i;tr+LLEd+BLAH+;_"Just Another ";_
    1. Re:It certainly hasn't overstepped its bounds yet by Lacota · · Score: 1

      "Well if it bankrupted the company then yes that would be too far certainly. If it made it so the company when complying with the law (ie not being fined) could not actualy make a profit after costs, that would be too far." What if the practice itself is illigal? Say drug dealing? Certainly a drug dealer will be bankrupt should the police catch im and throw him in prison?

      --
      It is not a god that would do evil biddings, but only a mortal and its limited knowledge would let such atrocities exist
    2. Re:It certainly hasn't overstepped its bounds yet by Bert64 · · Score: 1

      On the contrary...
      If complying with the law results in a company going bankrupt, then the business model of that company is flawed. The government has no duty to ensure that a company which is unable of remaining in business legally can still make a profit.

      Do you think the government should make exceptions to the law for a company who's business model is to "Produce and sell cocaine" ? Such a company would clearly go bankrupt if forced to comply with the law. Does such a company still have the right to be profitable despite the law?

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    3. Re:It certainly hasn't overstepped its bounds yet by simm1701 · · Score: 1

      It would be nice if it would work that way and goverments are trying to do that - though its still quite common for large scale criminals to keep much of their ill gotten gains.

      As for my original point it was making the assumption that the company was complying with the law, and saying that a legitimate company should be able to comply with the law and make a profit (otherwise the company is going to fold)

      I don't think thats an issue for microsoft - the issue as I'm sure they see it is they want to make a huge profit with minimum competition and minimum effort - technically thats not illegal, fortunately the goverments do tend to try and do something about that - as in this case.

      --
      $_="Slashdotter";$syn="OTT";s;..;;;sub _{print shift||$_};s!ash!Perl !;s=$syn=ack=i;tr+LLEd+BLAH+;_"Just Another ";_
    4. Re:It certainly hasn't overstepped its bounds yet by simm1701 · · Score: 1

      My point wasn't suggesting that complying with the law should not make a company bankrupt.

      It was about applying aditional regulation to an otherwise legitmatly operating company should not force a company bankrupt - its a subtle difference.

      In this case its not even an issue - its the difference between making huge profits at the expense of competition and making reasonable profits with fair competition. Obviously the EU should do what it can to make it the latter and not the former. Interface protocols should be free - that simple.

      --
      $_="Slashdotter";$syn="OTT";s;..;;;sub _{print shift||$_};s!ash!Perl !;s=$syn=ack=i;tr+LLEd+BLAH+;_"Just Another ";_
    5. Re:It certainly hasn't overstepped its bounds yet by 99BottlesOfBeerInMyF · · Score: 1

      As for my original point it was making the assumption that the company was complying with the law, and saying that a legitimate company should be able to comply with the law and make a profit (otherwise the company is going to fold)

      But Microsoft is not a legitimate company complying with the law. They built their entire business model on breaking antitrust law and then paying off all the lawsuits. This entire case is about MS's punishment for continuing to break the law.

      I don't think thats an issue for microsoft - the issue as I'm sure they see it is they want to make a huge profit with minimum competition and minimum effort - technically thats not illegal, fortunately the goverments do tend to try and do something about that - as in this case.

      MS has a monopoly as ruled by courts around the world including the US and EU. MS is breaking the law by tying that monopoly to other markets, in this case tying their desktop operating system (monopoly) with their server OS (non-monopoly). That is blatantly illegal. If shutting Microsoft down completely is what it takes to get them to obey that law, which they have repeatedly been convicted of breaking now and are breaking today as we speak, then it is not unreasonable for the EU to do that. This isn't some instance of the EU seeing something they don't like and trying to force it to change, this is the EU upholding long established laws they uphold against other companies every day. The only difference is this company has gone to absurd length to try to claim they are obeying the law when it is clear they are not.

    6. Re:It certainly hasn't overstepped its bounds yet by Watson+Ladd · · Score: 1

      Nothing is too far. Want to hand over the company to the workers? We can do that. Want to destroy it completely? Sure, that's possible. In case you hadn't noticed, the economy should serve the people, not the other way around.

      --
      Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD
    7. Re:It certainly hasn't overstepped its bounds yet by Anonymous Coward · · Score: 0

      Watson Ladd is still an idiot. Look at his previous post: http://it.slashdot.org/comments.pl?sid=189416&cid= 15596425

    8. Re:It certainly hasn't overstepped its bounds yet by Anonymous Coward · · Score: 0

      If Microsoft had to get by on the merits of their software alone, demand for it would drop like a like a rock. The OEM bundling of MS products that occurs with every new machine shipped... i.e. The MS Tax... is what keeps them in existence.

    9. Re:It certainly hasn't overstepped its bounds yet by simm1701 · · Score: 1

      Please try to be a little realistic here - yes I am no fan of microsoft. I've worked on products that were trying to implement protocols to interface with MS servers from unix servers so I know first hand how bad it can be.

      MS does have a legitimate business model, they don't tend to use it very often because it involves less profit than the ones they prefer to use but it is there.

      Bankrupting them is not going to happen, its in no ones interests in the short term, no matter what long term benefits may or may not apply. The threat would not be taken seriously by microsoft even if the EU threatened to do it, unlikely.

      What is far more likely is that through ever increasing fines they will make not complying less profitable than complying until microsoft capitulates - its probably going to be a lengthy process.

      Unfortunately MS isn't going anywhere for a while

      --
      $_="Slashdotter";$syn="OTT";s;..;;;sub _{print shift||$_};s!ash!Perl !;s=$syn=ack=i;tr+LLEd+BLAH+;_"Just Another ";_
    10. Re:It certainly hasn't overstepped its bounds yet by 99BottlesOfBeerInMyF · · Score: 1

      Please try to be a little realistic here...

      I think you misunderstand the nature of my post. We were speaking about whether or not it would be acceptable for the EU to fine MS or another business that breaks the law so much that it becomes bankrupt, not whether or not the EU was going to take that action or even if it is a good idea. I did not write that the EU is going to bankrupt MS, I wrote that if they had no other options driving them out of business is better than allowing them to continue breaking the law.

      MS does have a legitimate business model, they don't tend to use it very often because it involves less profit than the ones they prefer to use but it is there.

      MS has legitimate sources of income although they are entangled with illegitimate ones at this point. That is not the same thing as having a legitimate business model. A business model is generally the overall plan for operating a business and MS's current model is built upon constant growth to keep shareholders happy, constant growth created by illegally leveraging their monopoly into new markets. Half the feature set of Vista is bundling or tying into a new market and that is not an accident. Without that strategy MS could change and create a viable business plan that is not illegal and which had slow and steady growth, but that is not their current model.

      Bankrupting them is not going to happen...

      Of course not. The EU would have to change its laws in order to do that anyway as the fines they can enact are limited.

      What is far more likely is that through ever increasing fines they will make not complying less profitable than complying until microsoft capitulates - its probably going to be a lengthy process.

      I'm not sure the EU will have the patience for that. The point of this article is that the EU commissioners are faced with something new, a company that is in open defiance of their laws and is more poorly behaved than any other anti-competative company that they've had to deal with before. Even while these proceedings are going on, MS has released Vista which introduces another handful of blatantly illegal attempts to leverage their monopoly into new markets and the EU is not ignoring that fact. It is probably clear to them by now that the courts are too slow and their fines are too low to change MS's actions.

      What we have now are some comments that amount to saber rattling. The commission has a second option for dealing with antitrust abuse, one they have never used yet. They can order the company to be restructured, and break up MS into multiple, competing companies to fix the market from a top down approach. Realistically, that is the only way MS will change its behaviors. They narrowly avoided this fate in the US by making huge contributions to politicians just before the elections. This complicates things for the EU. By rights, the US should have solved the problem and MS is a US company.

      The EU ordering MS broken up may be an empty threat or it may be a last option. All this is highly complicated by the politics. Wo is in charge in the US and how will they react? How much anti-american sentiment is there in the EU and will a breakup score them enough political currency. If the next US presidential election goes to a republican will MS be broken up because of the EU's outrage over the current regime's actions? If the election goes to a democrat will that make the US less likely to object to such a break up, or even make US politicians support the action? I doubt many outsiders could answer these questions, but escalating fines and structural changes are both possibilities for how the EU will deal with this. Or, maybe they will do nothing effective at all.

  22. Re:Appropriate price? Zero Euros and redistributio by stevedcc · · Score: 5, Insightful

    Well, the US convicted Microsoft of being a monopolist, then did nothing about it. There's clearly a problem (I don't think we need to argue about that on Slashdot.) So, is it just the idea that the great all powerful US isn't doing it that some people find annoying? Or would you rather some other "superpower" like China, India or Russia ends up having to do it (in 15 or 20 years time).

    Reality needs to be faced. Your government can't deal with the wayward MS business, the EU wants to deal with your problem for you. Isn't that nice of them?

    --
    todo - The developer's equivalent of confession: "Forgive me Father, for I have sinned..."
  23. At what point would the EU overstep its bounds? by delirium+of+disorder · · Score: 3, Insightful

    Microsoft has hurt the global economy to the tune of billions of dollars in lost productivity because of security vulnerabilities, unstable software, and proprietary formats. All the while better alternatives have existed but legal and marketing efforts by Microsoft have kept them out of the public's hands. Bill Gates has used his ill gotten wealth to push patented drugs on Africa which has probably lead to massive death since generic drugs could be mass produced much more easily. The Gates foundation has also funded The Discovery Institute, the main group preaching intelligent design lies. If the EU were to imprison all present and past members of the board of directors and executives of MS and seized all of Microsoft's wealth, they would not be going overboard. They would help millions of people and control a known industrial menace. Perhaps a nuclear attack on Redmond would be going to far, but I'm not sure.

    --
    ------ Take away the right to say fuck and you take away the right to say fuck the government.
    1. Re:At what point would the EU overstep its bounds? by DrDitto · · Score: 0, Troll

      Attributing Microsoft to massive death in Africa and supporting the nuclear attack on Redmond is an example why nobody will take you or your like-minded peers seriously. Ever.

    2. Re:At what point would the EU overstep its bounds? by CheeseTroll · · Score: 1

      Before you nuke Redmond, perhaps you should read a bit about WHY Gates is sending funds to the Discovery Institute. (hint: it's not to promote ID)

      --
      A post a day keeps productivity at bay.
    3. Re:At what point would the EU overstep its bounds? by Anonymous Coward · · Score: 0

      Yes, pushing all users onto macs, giving them a copmlete monopoly. Thousands of PC makers would be wiped out. MILLIONS of not money, but JOBS would be lost. Many people would not be able to afford new coputers and would not be able to run this complex thing that you call linux, because they simply don't know how. Linux would grow a bit, but all the big business and common user market place goes to apple, who then have a monopoly in two big industries. We are left with an even worse situation.

      Oh, not forgetting, you loose all your rights, because they no longer matter, cos we are just locking people up for being in a certain company now, not trial, no evidence just locking them up. Apple disappears in a year, because they got locked up for having too big market share. Computers are only for the extremely computer literate, so yeah we jump back 30 years in terms of users. Before you even think about saying Ubuntu or somethign similar, its simply not an option because at the rate it would need to expand, it would literally collapse, as virii, incompetant users, and bad hardware cripples it in months.

    4. Re:At what point would the EU overstep its bounds? by delirium+of+disorder · · Score: 1

      If Gates helps fund transportation projects that the Discovery Institute is working on, that means that DI has more money to spend on it's ID chicanery. If Gates refused to give money to the Discovery Institute, than the organization would need to spread out it's funds more thinly, leaving less over for ID bullshit.

      --
      ------ Take away the right to say fuck and you take away the right to say fuck the government.
    5. Re:At what point would the EU overstep its bounds? by delirium+of+disorder · · Score: 1

      From the article that you linked:

      "The Gates Foundation's grants to Discovery are not the only connection Microsoft has to the institute. Mark Ryland, who heads the institute's Washington office, is a former Microsoft executive, and a Microsoft employee named Michael Martin is a current member of Discovery's board. "

      --
      ------ Take away the right to say fuck and you take away the right to say fuck the government.
    6. Re:At what point would the EU overstep its bounds? by Anonymous Coward · · Score: 0

      To be fair, the Gates Foundation funded the Discovery Institute, but not to push Intelligent Design. The grant in question deals with Ground-based tranportation initatives in the NorthWest.

      Although judging by your tone, fairness isn't really what you're looking for.

    7. Re:At what point would the EU overstep its bounds? by Anonymous Coward · · Score: 0

      To summarize the above post:
      "blah blah blah Microsoft evil blah blah I'm a fucking troll blah blah..."

    8. Re:At what point would the EU overstep its bounds? by dhavleak · · Score: 0, Troll

      The Gates foundation has also funded The Discovery Institute, the main group preaching intelligent design lies. http://dir.salon.com/story/news/feature/2005/08/26 /gatesfoundation/index.html/ Man, I tell you. /. is getting filled by the minute with people willing to say just about anything anti-MS. Hate BG for technology reason? Fine. Hate Gates for trying to do something positive for the world? Poor taste. Don't give me that tired crap about how he got his wealth etc. As much as MS tactics might suck, he's clearly a brilliant strategist -- the world's most desperate people need someone like him batting on their side.
    9. Re:At what point would the EU overstep its bounds? by Chowderbags · · Score: 1

      As much as I dislike Microsoft and think that the Gates Foundation is little more than a PR move to make Gates appear slightly less like Faust, get your facts right. Their support of the Discovery Institute is limited to the Cascadia project, which is merely about regional transportation issues in the Pacific Northwest. While I think that that there probably would've been better ways to go about the same choice, they have been putting money into Cascadia since 2000, so they probably want to finish what they started. So, if you're going to call them on a point, at least put in a minute or two of research.

    10. Re:At what point would the EU overstep its bounds? by DrDitto · · Score: 1

      When the anti-Microsoft teeny-boppers and college students start looking for jobs, and realize that Microsoft actually hires many of their peers, they might start to feel differently about Microsoft and "free software".

  24. Re:Appropriate price? Zero Euros and redistributio by mrchaotica · · Score: 1

    What does that matter? If the documentation is the source code, and the EU requires MS to release documentation, that just means MS is required to release the source code (or write new (sufficient) documentation that it feels comfortable releasing).

    --

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

  25. hmmm by shareme · · Score: 0, Redundant

    hmm, interesting EU policy..

    --
    Fred Grott(aka shareme) http://mobilebytes.wordpress.com
  26. Overstepping their bounds? by erroneus · · Score: 1

    We're talking about a sovereign body here. These guys set the rules *AND* the bounds. If their ultimate remedy is to dump Microsoft entirely, then so be it. The opposite end of that spectrum is to do virtually nothing like the U.S. did. Somewhere in the middle would be to stipulate rules for their behavior as a condition of continued participation in their marketplace. They make the rules. They set the bounds. I don't think "overstepping their bounds" is even possible.

  27. Oh for goodness sake by samael · · Score: 3, Interesting

    The EU should just tell MS how much they can charge and get on with it. Why the pointless back and forth?

    The hell with it - MS should have to open them for free. In fact, I'd be in favour of mandating that _all_ protocols should be open. You don't need to open your implementation, but other people should be able to use your protocols.

    1. Re:Oh for goodness sake by R2.0 · · Score: 2, Insightful

      "The EU should just tell MS how much they can charge and get on with it".

      But they won't. By it's very nature, a bureaucracy tends to NOT make "final" decisions - they would then find themselves unemployed.

      Tha EU's response will be "It is not our place to dictate commercial terms in licensing fees. Our role is to judge whether those terms are fair AFTER the fact". This way, the bureaucrats in charge are ensured of continued employment for a few month waiting for MS to erspond, then another few "evaluating", and then probably another finding that the MS terms are unfair. Latehr, rinse repeat.

      I say from my experience with US regulatory agencies, but I can't imagine their counterparts in the EU are any better.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    2. Re:Oh for goodness sake by MCSEBear · · Score: 1

      Remember how a Microsoft exec recently said iPhone was irrelevant because it couldn't access Microsoft's Exchange servers? Well, yea... iPhone can't access Microsoft's Exchange servers, because Microsoft refuses to open up the protocols needed to do so. How is this not the action of a company that is still misusing the server market share position it gained using it's illegal Monopoly? Hopefully the EU will bitch slap MS the way it deserves to be bitch slapped.

    3. Re:Oh for goodness sake by Anonymous Coward · · Score: 0

      The hell with it - MS should have to open them for free. In fact, I'd be in favour of mandating that _all_ protocols should be open. You don't need to open your implementation, but other people should be able to use your protocols.

      That sounds right to me. Saying "All protocols must be open, and freely available to everyone" is the simplest way to open up the possibility of competition, and create a free market. If MS objects - well, copyright is a privilege, and can be revoked if it's abused.

  28. Re:Appropriate price? Zero Euros and redistributio by mrchaotica · · Score: 1

    What are you talking about? This discussion is about releasing documentation, not any kind of "product." I'm just making the point that allowing Microsoft to charge for its standards (turning a secret proprietary standard into a public -- but still proprietary -- one) doesn't do any good; the standards and documentation have to be royalty-free so that the documents and code can be redistributed within the Free Software community without each individual having to personally get permission from Microsoft first. To require such would cause those individuals to violate the GPL, among other things.

    --

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

  29. MS are playing it wrong by Bert+the+Turtle · · Score: 2, Interesting

    It may well be the case that Microsoft are being forced to under-charge for these protocols - but the fact is they have been found guilty of anti-competitive behaviour by the EU. Now, rather than pay the fine and be apologetic, even after trying to lie and bully their way to not being found guilty, they continue to try and lie and bully. Remember the "ooh, well, maybe we'll just pull out of the EU" threat they tried? So they lie, cheat, and bully, and suddenly expect the EU to sit down and give them a fair hearing now? Sorry, but the individuals involved in the case have been prejudiced against microsoft because of microsoft's previous dishonest behaviour. So is the price fair on the protocols? It doesn't matter. The EU is going to make Microsoft pay for abusing its position, an pay DEARLY for trying to avoid the initial fines and trying to bully their way to success. The EU isn't the US - we aren't just going to vote in the Republicans to make it all go away.

  30. Overstepping Bounds by Myddrin · · Score: 3, Insightful

    As others have pointed out, the cost of doing business in the EU is being regulated by the EU. That's life and if the fines/interference/etc is too onerous, Microsoft is free to abandon that market and concentrate on the US, Africa, Asia/Pacific Rim.

    Personally, I'd love to see such a move coming from Redmond. It would accelerate adoption of non-Microsoft solutions in Europe. The resulting ripple effects would have some nice benefits for those of us developing stateside. :)

    --
    Myddrin
    1. Re:Overstepping Bounds by pizzach · · Score: 2, Informative

      That is probably exactly the reason why Microsoft doesn't pull out of Europe. Their biggest fear would come true: Linux would become mainstream. Ack!

      --
      Once you start despising the jerks, you become one.
  31. I'm fucking tired of United Statians by miscz · · Score: 2, Insightful

    I don't know how many times I saw this discussion. Every time US citizens see this as a direct attack on their country. Every time there are links posted to examples that european companies are fined in the same way and that they comply to the terms of EU. Every time there are posters that think it's an attack on a free market. There's no such thing as free market in any country and I don't know if anybody knows any benefits of monopolies in any kind of market.

    1. Re:I'm fucking tired of United Statians by fnj · · Score: 1

      Congratulations. Then you can guess how "fucking tired" Americans are of the EU. That said, in this particular case the EU is right; Microsoft is full of bull; and every day the EU leads by example and shows how vacuous the US government is in dealing with blatant misuse of monopolies. Can it be possible that the EU and the US constitute between them a vibrant competition in the arena of ideas and policy which neither of them in itself does?

    2. Re:I'm fucking tired of United Statians by pak9rabid · · Score: 1

      I'm a US citizen and I couldn't be any happier with how the EU is sticking it to Microsoft. I wish the politicians over here weren't all in the same bed as MS and would stop letting them get away with whatever the fuck they want in order to get more rich. The US should follow the EU and put pressure on MS from all angles to stop abusing their monopoly...

    3. Re:I'm fucking tired of United Statians by Red+Flayer · · Score: 1

      How about not generalizing? I can't help the fact that many of my country-mates believe the dogma they are fed through the corporate media. Everything they see tells them that the EU and the UN are giant screw-ups because the media coporations want them to think that. It's no coincidence that people are typically only exposed to points of view that coincide with the interests of big business, since the media is big business.

      I'd say few Americans believe this is a direct attack on their country. The problem is that those who do believe so are going to be loud about it.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    4. Re:I'm fucking tired of United Statians by miscz · · Score: 1

      Apologies to you and other poster, it should have been "some United Statians". It's just that they're almost always first to post :)

  32. Bounds? What Bounds? by MightyMartian · · Score: 3, Interesting

    At what point has/will the EU overstepped its bounds?
    It's an awfully good question, but I doubt there's one good answer. On one level, the EU, like any government, pretty much makes the rules, with only a constitution (or in the EU's case, the treaties that amount to a constitution) as a limiting factor. I have no idea whether the EU can legally force structural changes on Microsoft, though I suspect that it does have that kind of power.

    Assuming the EU has the power, the next question is should it? Well, I personally think it's going to be the only way to bring Microsoft into line. It has a long history of nodding yes to the courts and the authorities, and then just finding some new way of doing what it wants. The EU certainly has had limited success getting Microsoft to even adhere to the demands it has made already, and certainly cannot be ignorant of Microsoft's behavior in elsewhere in the world. Since Microsoft won't co-operate in any meaningful way, likely won't stop the behavior that has lead to the present impasse, what other option is there than to remake it into something that will obey European rules?
    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  33. Utilities by warrax_666 · · Score: 2, Insightful

    It's a pretty standard argument: Utility A sells cheap service in area A. Everybody moves to area A. Utility hikes price of service by 10000%. Is everybody now supposed to move, or what?

    In the analogy: software = service, area A = Microsoft Windows, and moving = changing platforms. For some people changing platforms is even more expensive than moving physical locations, and for others it's actually impossible (if they need Windows-only software to operate). Sure you could argue that they shouldn't have gotten so tied to the platform in the first place, but saying that doesn't actually help anything.

    --
    HAND.
    1. Re:Utilities by Anonymous Coward · · Score: 1, Interesting

      It's a pretty standard argument: Utility A sells cheap service in area A. Everybody moves to area A. Utility hikes price of service by 10000%. Is everybody now supposed to move, or what?

      In the analogy: gas mileage = service, area A = Hummer, and moving = changing cars. For some people changing cars is even more expensive than moving physical locations, and for others it's actually impossible (if they need a Hummer to get around). Sure you could argue that they shouldn't have gotten so tied to the vehicle in the first place, but saying that doesn't actually help anything.

    2. Re:Utilities by seriesrover · · Score: 1
      I get the analogy but I'm saying its flawed. Firstly where have MS hiked the same product price by 10000% (though I know this is a number picked out of the sky)? At the end of the day if you want to insulate yourself from a 3rd party vendor price changes don't go with a 3rd party vendor and develop it all yourself, or go with something from OpenSource. These are other options. The problem is that people are generally short term and then complain when the price is raised or when it impacts long term decision making like vendor lock in. At no point is a company\person not allowed to develop their own propietry system.


      However, you're right on the point that changing platforms can be more expensive than moving physical locations.

    3. Re:Utilities by 99BottlesOfBeerInMyF · · Score: 2, Informative

      I get the analogy but I'm saying its flawed. Firstly where have MS hiked the same product price by 10000%

      The problem with the analogy is not in comparing MS to the electric company as both are monopolies and the same rules do apply similarly. The problem is with the nature of the abuse. MS is not being punished for raising prices on their monopolized product. They are being punished for tying their monopolized product to another product in a different market and then charging others to remove that tie.

      At the end of the day if you want to insulate yourself from a 3rd party vendor price changes don't go with a 3rd party vendor and develop it all yourself, or go with something from OpenSource. These are other options.

      And you can bypass the electric company with solar panels or a generator, but it is not cost effective or most people at this time.

      Allow me to try to extend the analogy presented to fit with what MS has done. Imagine if the electric company decided to get into the television business and somehow changed the nature of the electricity coming into your house to be a proprietary pattern. This pattern would cause normal televisions to not function, but televisions from the electric company would still work because they could predict the spikes or whatever. Now assume the law caught up with them and told them they had to publish the specs as to when these spikes would occur so other television manufacturers could compete again (after the electric company went from a few percent of the market to more like 50%). So the electric company after years of going through the courts and being fined for not complying says they will publish the pattern, but they want to charge money for it, since it took them a lot of time to come up with. At this point they're haggling over how much they are going to charge other TV makers to get around the problems they intentionally created in order to break the law in the first place.

      Now there are obvious practical issues with the analogy above, but it at least presents the spirit of what is happening in the MS antitrust case here. They're haggling over charging for the details of the interface between MS's monopoly(desktop OS) and another product(server OS), not MS's monopoly product itself.

  34. Bill, don't go hippy on me. by xxxJonBoyxxx · · Score: 1

    Imagine if everybody dumped their focus on (name over-emphasized thing here) and applied the same amount of energy to disease, poverty, war, etc.


    Bill, don't go hippy on me: this isn't an exercise to "blow your mind." See if you can follow this:

    1) The EU thinks it ought to spend some time knocking down patent holders.
    2) The EU thinks it the patent holders it ought to go after first are software vendors.

    I'm not challenging the legitimacy of the EU or even statement #1. I am challenging statement #2, and I think pursuing pharmas rather than software vendors would help fight disease and perhaps poverty.

    Let me know if you need further assistance with your mental processes...
    1. Re:Bill, don't go hippy on me. by BruceCage · · Score: 1

      I think pursuing pharmas rather than software vendors would help fight disease and perhaps poverty.
      How so?
      --
      Perfect is the enemy of done.
    2. Re:Bill, don't go hippy on me. by Anonymous Coward · · Score: 0

      I'm not challenging the legitimacy of the EU or even statement #1. I am challenging statement #2, and I think pursuing pharmas rather than software vendors would help fight disease and perhaps poverty. I would venture a guess that there is a lot more large pharamceutical interests in the EU then there are large software interests. Trust me, for as much as people gripe about American politicians being "bought", you would have to be pretty damn naive to think people in charge in the EU are not paid for by some large corporations.
    3. Re:Bill, don't go hippy on me. by Billosaur · · Score: 1

      Yeah, but if it's not patent holders it's someone else. The same thing goes on in the US -- we shift from one fixation to another as soon as someone cries "inequity!" Mind you, we never really solve the inequity...

      Look, it sounds hippy-ish, but the fact is, you can take any issue and claim that the time, energy, and money being used for it belongs somewhere else. People said that in the 60s and 70s about the space program -- stop sending guys to the Moon and spend the money on Earth. Ok, Congress guts NASA and spends the money elsewhere. Result: poverty, disease, wiped out. Oh wait...

      You know the EU is wasting its time and I know they are wasting their time, but they're sure this is the solution to everyone's problems, so they're going to plow straight into it, until they break through and find themselves over the edge of the cliff. When you make a large bureaucracy, that's what happens. They'll pick on the pharmas eventually, then they'll find someone else's pockets to rifle through. As long as politicians are allowed free reign, they'll spend their time looking like they are getting something done while lining their pockets.

      --
      GetOuttaMySpace - The Anti-Social Network
  35. Re:Appropriate price? Zero Euros and redistributio by brkello · · Score: 0, Offtopic

    Um, how is that logical? So you create a cookie recipe and distribute it freely on the Internet and give all the cookies you make away for free. I have a cookie recipe but I keep it a secret and sell my cookies for a profit. Despite the fact that your cookies are free, more people want my cookies and are willing to pay for it. So you are saying the only fair thing to do is make it so that my cookies are free and that everyone should have my recipe.

    Ok, so not a perfect analogy because we are talking about interoperability and I can't fit that in with cookies...but it is basically what you are saying. Having and using open standards is a big advantage to the consumer and to free software. But Microsoft is a business and what you are saying it should do is basically give up its recipes so that people can use its competitor. What business in its right mind would do this? Really, I understand both sides of this. But forcing MS to give its specs is a bad business move for them and I understand why they do what they do. Basically, they built themselves up to be dominant and now Free Software wants to interoperate with them so that they can gain more marketshare. How does that benefit MS?

    --
    Support a great indie game: http://www.abaddon360.com
  36. Will is EVER matter? by baomike · · Score: 1

    The speed and decisiveness of the EU makes me wonder if they will do ANYTHING in my lifetime.
    I see MSFT tieing them in their own knots, and I don't think the the EU is capable (politicly) of
    acting. Dither would seem to be the operative word.

    I wish it were not so.

    1. Re:Will is EVER matter? by fnj · · Score: 1

      The speed and decisiveness of the EU makes me wonder if they will do ANYTHING in my lifetime.

      I understand your disillusionment, but dude, they're not acting in a vacuum. Compare their history in this matter with that of the US, and they're looking a lot better.

  37. You said you wanted clarity... by h00pla · · Score: 1
    Well, then let's ask some simple questions:

    How much of a percentage of the operating system market does Microsoft possess?

    What methods did it use to capture this percentage of the OS market?

    Like the US courts have found, did the EU determine that Microsoft restrained trade in order to possess this market share?

    If they did in fact determine this, then what fines were levied on Microsoft and what other remedies imposed?

    Has Microsoft complied with EU directives?

    If Microsoft has not, then should the EU have the right to determine what further penalties should be imposed?

    Regardless of what you think about bureaucracy, doesn't the EU have the right to impose its own standards on Microsoft for doing business?

    That should clarify.

    --
    I've been swashdotted -- Elmer Fudd
  38. Something I don't get about the whole MS-EU thing by edmicman · · Score: 0

    Why doesn't MS just give the EU a big "F- you" and stop selling it's products in Europe? Not that I'm saying that MS is in the right in anything they do, but it sounds like the EU is being a royal pain in the side for Microsoft. Why couldn't MS just say "Fine, I don't want to do business with you, have fun", take their ball and go home?

  39. Re:Appropriate price? Zero Euros and redistributio by diegocgteleline.es · · Score: 4, Insightful

    In fact, it's funny that Microsoft tries to promote their own document format because they say that interoperatibility is important and that they support open protocols blah blah blah, and then they don't release the specs for the protocols they're using in windows server, because those protocols is what make windows server succesful (because 95% of clients are windows and only windows server can serve them)

  40. Scared, huh? by WhiteWolf666 · · Score: 1

    Although its initial public response to the Statement of Objections disputed such findings and warned the EU may be overstepping its bounds by assuming it can determine royalty rates that are in place in many countries outside Europe, Microsoft's response Monday was far more measured.

    "We continue to seek to resolve these recent issues. We need greater clarity on what prices the Commission wants us to charge," Brad Smith, Senior Vice President and General Counsel of Microsoft, said in a statement.


    Hyuk Hyuk

    Me thinks they are getting nervous. 'bout time someone put fear into Microsoft the way Microsoft puts fear into most other IT corps.

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  41. TANSTAFreeMarket by Bearpaw · · Score: 1

    There Ain't No Such Thing As A Free Market on this planet, at least not that I'm aware of. That goes double for the subset of the market that involves computer operating systems. Microsoft has a long history of using blatant manipulation of the market itself in order to succeed, instead of competing solely in terms of product quality, price, and service, as would happen in a theoretical "free market". Given that history, allowing Microsoft to continue to participate in the market at all is a measured compromise.

  42. Re:Appropriate price? Zero Euros and redistributio by h2g2bob · · Score: 1

    I don't think we need to argue about that on Slashdot
    You must be new here...
  43. Stop Breaking... by splutty · · Score: 1

    To quote a movie I found surprisingly funny, in response to someone needing advice because they'd been arrested again:

    "Stop breaking the fucking law!"

    --
    Coz eternity my friend, is a long *ing time.
  44. Well, obviously ... by Bearpaw · · Score: 1

    ... despite the EU's oh-so-onerous demands, Microsoft still thinks it can make money there. That's why they call it "the bottom line".

  45. Why the EU is correct. by Anonymous Coward · · Score: 0

    What many folk fail to understand when they say that governments should not try to regulate prices on M$ is that M$ have for some time used government systems to sell products.

    Scotland, has by the hand of our pm signed a few deals with M$. At the same time M$ gets "free" use of the parliament building for the "Microsoft Government Leaders Forum Europe" to sell their software in a World business convention along with some other names that I will not bother to dirty this page with.

    http://www.scottish.parliament.uk/nmCentre/news/mg lf/index.htm

    Now, one could say that the forum was needed to be staged in that building but I have a dvd of what went on in the building and it is nothing but a sales pitch for M$ to folk who don't know any better.

    That sales pitch cost us 400,000 GBP.

    The EU needs to step in or M$ unchecked will do as it always has.

  46. Re:Something I don't get about the whole MS-EU thi by Anonymous Coward · · Score: 0

    Perhaps because MS don't want to get rid of 500 million potential customers who are actually capable of paying for legitimate copies of their OS (as opposed to china, for example).

  47. Re:Appropriate price? Zero Euros and redistributio by mrchaotica · · Score: 1

    Um, how is that logical? So you create a cookie recipe and distribute it freely on the Internet and give all the cookies you make away for free. I have a cookie recipe but I keep it a secret and sell my cookies for a profit. Despite the fact that your cookies are free, more people want my cookies and are willing to pay for it. So you are saying the only fair thing to do is make it so that my cookies are free and that everyone should have my recipe.

    How is it logical for Microsoft? It's not, of course; that's why the EU is having to force MS to do it!

    Having and using open standards is a big advantage to the consumer and to free software.... How does that benefit MS?

    It doesn't! It benefits the EU's citizens, which is what the EU cares about.

    I'm really not sure I understand the point of your objection here. Don't you realize that asking "how does this benefit MS" is exactly like asking "how does going to jail benefit a criminal?" Benefiting the criminal isn't the point!

    --

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

  48. I don't get it by Pojut · · Score: 1, Insightful

    Maybe it's because I don't pretend to know what I'm talking about, or maybe I am just stupid...why does ANYONE care what Microsoft charges for ANYTHING?

    NO ONE, and I mean NO ONE is forcing ANYONE to use ANYTHING from Microsoft. Microsoft doesn't go around holding guns to people saying you MUST use our shit...millions of OSX and Linux users prove that point.

    Why do people care what they charge? Just like any other company, if you don't like the price....DON'T FUCKING BUY IT.

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

      Because computers should be able to interact with each other, no matter their OS. It's not a question about using Windows, what matters is other companies ability to create systems that can interact with other systems. If Microsoft, and only Microsoft users where able to access each other, everybody else would be stuck on the outside. That's shutting out 10%(?) of all users, of 90% of all systems. Or visa versa.

    2. Re:I don't get it by 99BottlesOfBeerInMyF · · Score: 1

      Maybe it's because I don't pretend to know what I'm talking about, or maybe I am just stupid...why does ANYONE care what Microsoft charges for ANYTHING?

      I don't know if you're stupid. You are ignorant, as you yourself has professed. Why does the government grant basic human rights to an abstract concept called a corporation that exists only on paper? Why does the abstract entity called "Microsoft" have the ability to restrict my natural freedom of expression by making a copy of Windows? Why is our economy strongly capitalist in most ways?

      All of these are practical conventions governments use to promote the common good. Microsoft the entity exists only because of these conventions called "laws." Those "laws" are written to promote a common good. Microsoft broke some of those laws. Ignoring for the moment your understanding of how the law promotes the common good, do you think Microsoft should just be able to ignore the laws it does not feel like obeying while every other company is forced to comply?

      Moving on to why this particular law promotes the common good assumes a basic understanding of economics, particularly capitalism, feudalism, and monopolies. Our economy is mostly capitalist because it works. It uses human nature to motivate innovation, low prices, and growth. Monopolies, when leveraged in certain ways break capitalism by motivating innovation being stopped and prices being raised. Monopolies, when leveraged in certain ways constantly expand carrying these trends into other markets. Without monopoly controls, capitalism devolves into feudalism where only a few own most wealth and then there is an uprising of the poor who kill those few and redistribute the wealth. Antitrust law is designed to stop that and keep capitalism working.

      Why do people care what they charge? Just like any other company, if you don't like the price....DON'T FUCKING BUY IT.

      Ahhh, so if the electric company were to stop selling electricity by itself and start selling electricity, plus a year's supply of groceries, would you just not buy electricity from the electric company anymore? Since almost everyone else would have to due to the realities of the market, where would you buy your food once all the grocery stores closed down?

      Contrary to what daytime TV may be telling you, ignorance is not a virtue. Why don't you go read up on the economics of monopolies and come back with an educated viewpoint?

    3. Re:I don't get it by Coryoth · · Score: 3, Insightful

      It's about lock-in. Once you've bought in, back when it may have seemed like a decent idea, you're trapped because the cost of changing is greater than you cna afford. Someone else posted a reasonable analogy: Imagine a electricity company that offers cheap service to a particular area. Lots of people move into that area. Later the service charges are ratchetted up to the point where the customers are getting fleeced. In theory they don't have to keep buying electricity from that company -- there are other electricity providers in some more sparesely populated areas outside of town. The problem is that the cost of moving is more than the homeowner can raise, so in practice they can't change, and the provider can charge them as much as they can bear. The existence of competition doesn't make a difference if you can't afford to make the change.

      The analogy is loose, of course, so pushing it too far is pointless, but the basic idea is there: people who bought into the MS platform early on when it seemed as good a choice as any are now locked into that platform. The costs involved in trying to migrate to the competition -- in converting all your software, retraining all your staff, migrating all your data, etc. -- is more than they can manage. The EU is essentially trying to offer a migration path. In our rough analogy it would be a little like requiring the monopolistic electricity provider to allow competing provider access to the area so they can compete on more even terms.

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

      Maybe it's because I don't pretend to know what I'm talking about, or maybe I am just stupid...why does ANYONE care what Microsoft charges for ANYTHING?
      Well, I would not say stupid but perhaps ignorant of the facts in this case. First you must realise that in this case it's not about the price of any ordinary Microsoft product... those Microsoft can price pretty much any way they want. No, this is about Microsoft being found guilty of anti-competetive conduct according to EU rules. As a remedy they have been forced to reveal certain server interface specifications and the EU agreed to let them license them for a reasonable amount. Now of course it lies in Microsofts interest to hike up those license charges as much as possibly so that they can at least partly nullify losing the competetive edge those protocols gave them. EU is seeing what they doing and saying that we will not allow you to water down the obligations we laid down for you.

      Why do people care what they charge? Just like any other company, if you don't like the price....DON'T FUCKING BUY IT.
      Conversly: if you don't like the legal system which you must operate under to do business in a certain area... then don't do business there. Of course that would cost them a bit too dearly...
    5. Re:I don't get it by Pojut · · Score: 1

      So tell me...how well does that MacBook you are using interact with the OS in my Amiga?

    6. Re:I don't get it by Builder · · Score: 1

      Maybe it's because I don't pretend to know what I'm talking about, or maybe I am just stupid...why does ANYONE care what Microsoft charges for ANYTHING?

      Well, I care a great deal. We're not talking about the prices of MS products like Windows, Exchange, etc. We're talking about what they should be allowed to charge for access to their proprietary API and protocol information.

      The cost is not the only issue. More important than the cost, is how this information can be used and redistributed. Their initial offering made it impossible to use the specs to write Open Source software. This is anti-competitive, and that kind of behaviour is why they're in the dock in the first place.

      We desperately need this information so that we write interoperable software and break their hold on the desktop.

  49. Re:Something I don't get about the whole MS-EU thi by vidarh · · Score: 2, Interesting
    Because turning away from a market of about 500 million made up of citizens of many of the wealthiest countries on the planet isn't economically viable and would lead to massive shareholder lawsuits?

    Not to mention that if Microsoft turned away from this market, business partners and subsidiaries of European countries would suddenly have a strong incentive to consider alternatives too.

  50. Re:Something I don't get about the whole MS-EU thi by KokorHekkus · · Score: 2, Insightful

    You need to get out of, lets say, the "playground mentality" and look at the realites of such an action. The basic and very obvious reason is: money.

    They can't just drop the EU market because it's the same size that the US one. It's a publicly traded company and investors would very much like to know if was a fiscally sound decision (i.e. did they lose more than staying would have cost). If they don't get the answers they want the stock tanks and I doubt shareholder lawsuits would be far behind. And add to that the worldwide worries wether you can trust Microsoft with your IT infrastructure. Buyers would ask themselves: will they try the same tactics in our market? what will they demand of us to keep on selling their products? can we afford that?

  51. Re:Something I don't get about the whole MS-EU thi by fsmunoz · · Score: 1

    Sure it could. I don't think the shareholders would be very happy with giving up one of the few markets that actually *pays* for Microsoft products though. MS is not a human being with feelings that can become touchy or offended by this behaviour: it's a company that needs to sell and increase the value for the shareholders.

    Mind you, I would love to see MS do what you sugested though. Partly because it's MS, partly because there is the other side of the coin: as an European I would prefer to benefict a company with the HQ in Europe, all things being equal.

  52. what's really at stake .. by rs232 · · Score: 4, Interesting

    The commision ruled in 2004 that Microsoft broke European competition laws and directed them to release complete interoperability documentation on the protocols, MS pretended to not understand what the Commision was on about and released some source code. The Commision also said that MS acted to stifle innovation by tying Media Player to Windows.

    The real question is whether a single company should get a lock in on PROTOCOLS, never mind what they should charge for them. Is this an example of the polluted protocols MS talked about in that Valloppillil email.

    "By extending these protocols and developing new protocols, we can DENY OSS projects ENTRY into the MARKET."

    'At what point has/will the EU overstepped its bounds'

    At what point will MS realise it isn't dealing with the DOJ?

    --
    davecb5620@gmail.com
  53. Re:Something I don't get about the whole MS-EU thi by Anonymous Coward · · Score: 0

    edmicman must open his wallet, and little moths flutter all about. No more mics for you Ed! The EU is a market. Not tapping a market means you lose revenue. Furthermore, there will become a need for an OS/Office Suite/ANYTHING in the EU... which will be filled. The last thing MS wants is competition gaining an actual foothold. Booya.

  54. Re:Appropriate price? Zero Euros and redistributio by walt-sjc · · Score: 1

    The EU doesn't want the source code. They want documentation, and have repeatedly told this to MS. If MS didn't really have proper documentation (and I REALLY don't believe this) then it was up to MS to write it, as ordered by the court. MS has plenty of time, money, and staff to get the job done. They are stalling while their market share continues to rise due to lack of interoperability.

  55. Inverse economics and WTO by BagMan2 · · Score: 0, Troll

    Isn't it strange that 99% of the time a country wants the other country to charge more for their products, not less. If you don't charge more, they will add tariffs such that they do cost more. All in an effort to give their own companies a chance to compete on price. But in this case, they have no competition, so they instead want just the opposite. They want the other country to charge less for the product.

    They do the same thing with medicines I suppose...for medicines they can manufacture, the skys the limit, for those they can't, they want the maximum price controlled.

    Seems what this really boils down to is the EU doesn't like paying for Windows because it is an imported product. The EU can impose whatever laws they want on Microsoft, but ultimately the WTO is going to decide this issue, not the Europeans. If the EU slaps around Microsoft too much, the WTO will find them in violation of free-trade agreements and European manufacturers will be the ones suffering as tariffs limit their exports.

    Europe is still a free-enough economy that when Airbus is slapped with a 30% tariff in retaliation and can no longer compete with Boeing for American contracts, you can bet the EU politicians will feel what real pressure is like.

    1. Re:Inverse economics and WTO by 99BottlesOfBeerInMyF · · Score: 1

      Seems what this really boils down to is the EU doesn't like paying for Windows because it is an imported product.

      Yeah it might seem that way if you're completely ignorant and have not bothered to note that MS is violating criminal law and this is part of their punishment.

      The EU can impose whatever laws they want on Microsoft, but ultimately the WTO is going to decide this issue, not the Europeans.

      Please. The WTO will do jack and shit against the US, EU, and China. The US is ignoring numerous WTO sanctions right now.

      If the EU slaps around Microsoft too much, the WTO will find them in violation of free-trade agreements and European manufacturers will be the ones suffering as tariffs limit their exports.

      I doubt the WTO is going to do anything about the EU enforcing antitrust laws against MS when the US has already convicted and punished them for the same crime in the US.

    2. Re:Inverse economics and WTO by Anonymous Coward · · Score: 0

      >Isn't it strange that 99% of the time a country wants the other country to charge more for their products, not less. If you don't charge more, they will add tariffs such that they do cost more. All in an effort to give their own companies a chance to compete on price. But in this case, they have no competition, so they instead want just the opposite. They want the other country to charge less for the product.

      As you may or may not have noticed EU isn't complaining about the product pricing. Charge whatever you want. They are trying to open up Microsoft protocols so that other companies may deliver solutions that co-exist with Microsoft products. In the process of opening those protocols Microsoft decided just before the deadline that they would charge (unresonable much in the EU commisions opionion) $XX for any company using those protocols to communicate with Microsoft Products. This is just another way for Microsoft to ensure income even if they loose some of the marketshare to competitors.

      What if you and I where in the music industry. I produce special CD's only compatible with my own special CD players, and you sold players for other CD's. I allready have 90% marketshare and couldn't care less about your player. Then one day you thought it would be nice to be able to play my CD's on your player, the customers has allready payed for the CD... so they should be able to play it on whatever player they have you think. You complain to the court and the court favours your side and tell me that I should open up my CD specification so that other players are able to play the CD's aswell. I didn't like that at all... so I will slow the process so that I can profit from my 90% marketshare as long as possible. I can do this by first releasing unusable specification documentation, this will give me a couple of months / years extra of 90% marketshare. After a couple of visits to the court, some year passes etc... you get sick and tired of waiting... so does the court... they start to give me daily fines... but that's ok... i still profit from my 90% marketshare. My mission in stalling the process are so faar a great success for me and my company, but one day... it have to end.. bad for me... good for competitors. After some years the court gets very hard cooperating with, I really can't understand why... I've been a nice man trying to cooperative with them, for some reason they don't buy that :-( Then one day I say.... "OK OK! I give up! Now I have the documentation, but I want the CD player producers to pay me $XX per player they produce for beeing able to use my specification.. I also want $XX from the CD producers if they want to be able to play the CD on my 90% marketshare players!". You and the court find my prices unreasonable and I ask you what prices I should charge! Buying me more time enjoying my 90% marketshare.

      If I spend alot of money on Microsoft's software for my company's IT infrastructure, I think it's unfair that I have to pay Microsoft additional fees for also using software from company X in the same network... but that's just my opionion... you'll gladly pay i guess.

  56. Yes, the EU also takes action against EU, non-tech by Anonymous Coward · · Score: 1, Informative

    Not monopolies, but closely releated are cartels. The EU fines these with fairly hefty sums regularly (over 2 billion in 2007 so far) See http://ec.europa.eu/comm/competition/cartels/overv iew/index_en.html and http://ec.europa.eu/comm/competition/cartels/stati stics/statistics.pdf

  57. Re:EU Monopoly by Richthofen80 · · Score: 1

    Well, I would think it wouldn't matter a damn to the European Union if Microsoft was un-american.

    --
    Reason, free market capitalism, and individualism
  58. Let's ask Chef's dad: by Anonymous Coward · · Score: 0

    "About tree-fiddy!"

  59. cookies and baking by Anonymous Coward · · Score: 0

    No, it's a good enough analogy, just extrapolate it to where it should go based on historical fact. I'll flesh it out. The MS bakery, once it got large enough, started to get just a scosh pushy about things. they went around and strongarmed all the little bakeries around and said "you only sell our cookies-or else!". They went to the wheat and sugar and eggs and cream growers and told them "you only sell wheat and sugar and eggs and cream to our approved "partner" bakeries, and in the manner we suggest, using just our approved recipes, with no variation, or else!". They went to the baked goods delivery truckers and said "you only deliver our products, or else!"

    And so on. They have a long running and chronic case of gangster asshole-ism, mafia-like extortion and other sorts of corrupt racketing practices to get their way, and probably worse than that, if all the truth ever comes out. Their corporation should have been disbanded, de-chartered, unincorporated, whatever it is called, all their stocks declared worthless and frozen out of the trading markets, the top criminal leadership should be chucked in jail for racketeering, and the physical property auctioned off at the Marshal's sale a long time ago. The EU is letting them off *cheap and easy* compared to what they really deserve. They are worse than enron, or worldcom, or haliburton even. And you want to know why they got away with it for so long? Because "the authorities" themselves got conned and coerced into becoming dependent on their products, and that as the big stick MS used to keep from getting busted more severely, but now that a lot of other options are more mature and more robust and governments can see that they don't have that MS stick held over them quite as bad as before-you are starting to see them getting prosecuted more severely. And it isn't going to stop, because people or nations-governments-really dislike being bullied around and ripped off.

    The MS "emperor" has been revealed to be naked, and more and more people are laughing at the lunacy of it all. Vista has shown they are beyond their peak in even half assed level coding, and their offer of three dollar OS and office suite bundle to the "developing world" has revealed what their craptastic products are really worth when faced with the reality of entire huge groups of people who don't cave in to their extortionist demands.

    1. Re:cookies and baking by VWJedi · · Score: 1

      Their corporation should have been disbanded, de-chartered, unincorporated, whatever it is called, all their stocks declared worthless and frozen out of the trading markets,

      That would be quite unfortunate for all the people who own Microsoft stock... Or do you think the guy who bought a few shares as an investment is evil as well?

  60. Great idea. Let's do it. by Nicolas+MONNET · · Score: 1

    Linux FTW.

  61. Contempt of court by SgtChaireBourne · · Score: 1

    Well considering that software patents are forbidden in EU, I don't see why EU should take the number of patents MS owns as a metric for innovation. Because the whole things is just footdragging and delay. Throwing swpatents into the discussion just generates confusion and draws the debate off focus and away from MS failure to comply with European court decisions...
    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
    1. Re:Contempt of court by someone300 · · Score: 2, Insightful

      Why is it that the overall consensus on Slashdot is that the US government aren't doing enough to regulate Microsoft or help stop the monopoly, but as soon as the EU government try to get Microsoft to publish their specifications for interoperability, there's a huge outcry?

      I think that, Slashdot being US based, seems to randomly hate the EU and their decisions. Quite honestly, it doesn't matter what Microsoft want here, and the EU probably don't care what economic damage their going to do to a US based company. Bear in mind that for Microsoft to release all their protocol specifications, it'd probably cost an extremely small amount of money compared to the amount they wasted* on Vista.

      Considering Microsoft is a convicted monopolist and to interoperate with over 90% of the market, you need access to Microsoft's specifications, I hardly think it's unreasonable to demand MS provide access (even free access) to the specifications. I don't think Microsoft has a reason to demand that they maintain an illegal monopoly by not releasing their specifications that would merely allow others to interoperate. If anyone's dragging their feet here, it's Microsoft. I doubt a multi billion dollar company couldn't have just spent maybe a few weeks writing specifications and then released them on their devnet site. Hell, they could have bought a specifications firm to do it for them... It really isn't as difficult as they're making it out to be. The fact that their original specifications were deemed to be too low quality speaks volumes. I wonder how many of their file formats are internally undocumented other than the library itself.

      And hey, if MS hates it, they can pull out of the EU. The EU could nullify the Windows copyright in the EU and we could all legally pirate Windows :) .. Okay, unlikely.. I sort of hope not, really.

      * I don't mean all of Vista was a waste, but there was probably a considerable amount of money wasted on things like WinFS that have been all but dropped now

    2. Re:Contempt of court by init100 · · Score: 2, Insightful

      Why is it that the overall consensus on Slashdot is that the US government aren't doing enough to regulate Microsoft or help stop the monopoly, but as soon as the EU government try to get Microsoft to publish their specifications for interoperability, there's a huge outcry?

      You didn't consider the possibility that different people are attracted to different headlines? If you try to assign a set of opinions to "the Slashdot crowd", you are certain to get some conflicts, simply because this crowd consists of a whole range of people, many with very different opinions.

    3. Re:Contempt of court by Anonymous Coward · · Score: 0

      I'm afraid I disagree entirely

    4. Re:Contempt of court by TheCarp · · Score: 1

      Screw off meatstick, no way.

      Mod grandparent up!

      --
      "I opened my eyes, and everything went dark again"
    5. Re:Contempt of court by someone300 · · Score: 1

      Yeah, I thought about that, but it would seem that the "EU is good" is almost nonexistent but the "MS is bad" is very widespread, among comments and modders.

  62. Re:I'm not going to be around much longer by antek9 · · Score: 1

    Why? In order to a) not be called a coward any longer and b) to step out of anonymity? There's an easier way to do that: just login.

    --
    A World in a Grain of Sand / Heaven in a Wild Flower,
    Infinity in the Palm of your Hand / And Eternity in an Hour.
  63. You've gotta be shitting me by Nicolas+MONNET · · Score: 2, Informative

    This is the European Union, not the United Republicrat States of Corpo-fascism wonderland of America.

    We have a Human Rights declaration, and plutocratico-aristocratic capitalistic sons of bitches aren't listed on it as a protected species.

    1. Re:You've gotta be shitting me by gnud · · Score: 1

      Thanks, you've made my day =)

  64. I agree with the rule of law ... by Nicolas+MONNET · · Score: 1

    ... which, in several EU country if not all, allows the government to regulate the prices charged by monopolies.

    And yes, having a 90%+ market share on preinstalled operating systems is a monopoly, it's higher a market share than Standard Oil ever had.

  65. Do you even know what socialism is? by Savage-Rabbit · · Score: 5, Informative

    Forget the fact that the entire process is a blatant example of socialism... Do you even know what socialism is? What Socialism is depends on where in the world you are. For most of the world it is a spectrum of political denominations that advocate a social-economic system where property and the distribution of wealth is controlled by the community or the state. These can range from the moderate Social democrats, who simply advocate borrowing certain aspects of this model and integrating them into modern democratic systems, to the more radical Communists, Bolsheviks, Stalinists, etc... who advocate the complete abolishment of private property and total state control of all aspects of the economy. In the USA, however, the meaning of the word 'Socialist' is somewhat different due to the almost complete absence of a political left wing (as the rest of the world defines it) in US politics. Here 'Socialist' seems to be a pejorative applied without any regard to it's true meaning to anybody whose political affiliations lie to the left of the extreme right wing of politics including both genuine Socialists as well as people with more moderate right wing affiliations.
    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
    1. Re:Do you even know what socialism is? by Starcom8826 · · Score: 1

      In your attempt to try to educate him about the way the rest of the world is, you fall into the trap where somehow people assume the "rest of the world" is just Europe and Canada. For example, much of Asia is far more conservative than the US is.

    2. Re:Do you even know what socialism is? by Anonymous Coward · · Score: 0

      In your attempt to try to educate him about the way the rest of the world is, you fall into the trap where somehow people assume the "rest of the world" is just Europe and Canada. For example, much of Asia is far more conservative than the US is. Really?

      The PRC (Socialist Republic)
      Vietnam (Socialist Republic)
      North Korea (Stalinist Dictatorship)

      You can argue that the Chinese, for example, are in many ways conservative but the PRC is hardly one of the bastions of right wing style arch-conservatism. I don't recall using the word 'conservative' in my post I was talking about right wingers. You on the other hand are equating conservatism with right wing politics, the two are in no way synonymous, you can actually be a conservative and still be a Socialist.
  66. Re:I'm not going to be around much longer by rucs_hack · · Score: 1

    go on, be an hero :-)

  67. Overstep their bounds? by Todd+Knarr · · Score: 2, Informative

    At what point has/will the EU overstepped its bounds?

    The EU is a government. They will have overstepped their bounds when their constituents say they've overstepped their bounds. Note that Microsoft is not one of those constituents, nor are any Americans or American companies. This is a concept Microsoft and it's supporters seem to be having a problem getting their heads around.

    1. Re:Overstep their bounds? by stevedcc · · Score: 1

      The EU is a government.

      The EU is many things, but one thing it is definitely NOT is a government. Maybe wikipedia has this one right:

      The European Union (EU) is a supranational and intergovernmental union of 27 states in Europe
      --
      todo - The developer's equivalent of confession: "Forgive me Father, for I have sinned..."
    2. Re:Overstep their bounds? by THEbwana · · Score: 1

      Hmm - the EU taxes, has elections, passes laws, enforces laws .. in what way would you say it is not a government ?

    3. Re:Overstep their bounds? by I'm+Don+Giovanni · · Score: 1

      Does the EU not have a Constitution, or something like it?
      I doubt the EC can just do whatever it wants and stay within the "constitution".

      In the US, when the legislature passes a law, the Supreme Court can rule it as "unconstitutional", meaning that the legislature overstepped its bounds. The appeals courts in the EU have yet to hear this EU case. The EC has to answer to them. If the EC decided to just appropriate all MS assets in Europe, you think the EU courts wouldn't rule that out of bounds? Get real.

      Governments do have limits. Unless you're advocating "ad-hoc law", which is an absolutely horrible system.

      --
      -- "I never gave these stories much credence." - HAL 9000
    4. Re:Overstep their bounds? by Todd+Knarr · · Score: 1

      The EU doesn't in fact have a constitution in the sense the US does. It has the treaties that created it, but no supreme law to which it's subordinate. There was supposed to be a vote on a European Constitution (which despite the name still wouldn't have been completely equivalent to the US Constitution) but the French and Dutch rejected it which derailed the entire ratification process and it's future's now in considerable doubt.

      European politics and the EU's political/legislative process isn't much like the US's at all. Microsoft's in the trouble they're in there because they failed to grasp that and play by the local rules.

  68. Oh that economic wasteland that is the EU... by Nicolas+MONNET · · Score: 5, Informative

    GDP growth rates higher than the US, positive balance of payments, higher life expectancy and literacy, lower infant mortality, lower crime rate, TEN TIMES less people in prison, much higher savings rate, lower personal debt, ...

    Oh yeah, you're right, unemployment is higher. Great. You know what? It doesn't mean shit.

    4th quarter 2004, unemployment rate men aged 25-54: 7.4% in France, 4.6% in the US.

    You're right, it (look)s bad.

    At the same quarter, the employment rate, that is, the number of people working vs. the total number of people in that sex/age group was 86.7% in France as opposed to 86.3%. That's right, more people working in France than in the US. (Source: OECD Employment Outlook 2005 (pdf))

    There's a few reasons for this discrepancy, one being that we don't put 1.5% of our active population in jail, most of whom are poor blacks, likely candidates for the "unemployment" row.

    1. Re:Oh that economic wasteland that is the EU... by foo+fighter · · Score: 0

      That's right, more people working in France than in the US. (Source: OECD Employment Outlook 2005 (pdf))

      Sorry to be pedantic, but there is a higher percentage of people working in France, not more people.

      The current population of France is ~61,000,000. The current population of USA is ~300,000,000.

      So, by your numbers, there are almost 53 million working France vs. almost 260 million working in USA.

      Also, you should better explain what unemployment rate is vs. employement rate. If 4.6% of Americans are not working and 86.3% are, what are the other 9.1% doing?

      Pretty good post though. People in glass houses shouldn't throw stones.

      --
      obviously no deficiencies vs. no obvious deficiencies
    2. Re:Oh that economic wasteland that is the EU... by Uthic · · Score: 1

      Yeah, minorities have it very easy in the EU.

    3. Re:Oh that economic wasteland that is the EU... by Anonymous Coward · · Score: 1, Informative

      People who are not working age, never had a job, or have been removed from the unemployed category for a variety of reasons other than being employed (refusing jobs etc) are in there.

    4. Re:Oh that economic wasteland that is the EU... by Anonymous Coward · · Score: 1, Funny

      Don't forget the best bit: when I go to the shop (with my legs, not my car) for a pint (Imperial, not US) of milk, 0 out of 4 people that I meet are carrying guns!

    5. Re:Oh that economic wasteland that is the EU... by nanoflower · · Score: 1

      Really? And your point would be? You know that 0 out 100 people I meet in the USA when I go to the store are carrying guns. (Excepting the occasional policeman that they've hired.)

    6. Re:Oh that economic wasteland that is the EU... by sjames · · Score: 1

      Another reason is that the U.S. does a bit of "creative accounting" with the figure. Once unemployment benefits run out, you are tossed out of the statistics. People forced to take part time jobs just to have some income while they keep looking for a job that will actually support them are also not counted. Lies, damned lies and statistics.

  69. Use VI$TA as a price guide by flyingfsck · · Score: 1

    Since the VISTA refund from Dell is about $27 and the protocols make up about 0.001% of the total, the price for the protocols should be about a quarter penny...

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  70. Don't let the door hit your butt on the way out by Nicolas+MONNET · · Score: 2, Funny

    A EU without Microsoft is a wet dream.

    Please let it happen.

  71. EU should act like a monopoly... by mcneely.mike · · Score: 1

    ... if it does act just like Microsoft, it cannot over-step its boundaries. They should just do what they want, and when Microsoft complains, they should say "so sue us." Then drag MS through the court system until MS pukes or gives in. IF they started acting like Microsoft, maybe Microsoft (Gates, Ballmer, lawyers, et. al.) might start acting human. I like keeping Microsoft's damn, dirty paws off me! I use gnu/linux.

    --
    soylentnews.org Go there to enjoy the people!
  72. To say the least... by stealtheagle · · Score: 1

    As Jerry Lee Lewis once said... "Well England Can Kiss My @ss!!!"

  73. "login" isn't a verb! by Falladir · · Score: 1
    http://www.wsu.edu/~brians/errors/login.html

    the verb-plus-adverb combination should not be hyphenated: "Before viewing the picture of Britney you'll need to log in."
  74. I guess there is no chance you are... by Anonymous Coward · · Score: 0

    ... Steve Ballmer and plan exploding yourself at the M$ board meeting?

  75. Microsoft should just leave europe by majortom1981 · · Score: 0, Troll

    The Eu keeps fining microsoft these huge amounts of money . At what point do these fines equal up to more then what microsoft is getting from its cudtomersd there. Even with microsoft, europe would be in serious trouble because it would take time to change over to linux.

    1. Re:Microsoft should just leave europe by 99BottlesOfBeerInMyF · · Score: 1

      At what point do these fines equal up to more then what microsoft is getting from its cudtomersd there.

      The fines max out at about half of what the EU gets from sales there. Right now they are more like 1/500th what they are making.

      Even with microsoft, europe would be in serious trouble because it would take time to change over to linux.

      So? What is MS going to do, stop doing business in the EU? That would be the most blatant anti-trust violation possible and would make them all wanted criminals. How then are they supposed to get the EU courts to enforce any copyright laws in the EU? Why wouldn't EU businesses freely copy, distribute, and even modify the source to Windows? MS only has something to sell in the EU because they obey EU law. Copyright, patents, corporations, etc. are all legal entities created by the government. The EU would have all the time it wanted to switch to Linux or to develop a competing OS from the Windows code base.

    2. Re:Microsoft should just leave europe by Anonymous Coward · · Score: 0

      At what point do these fines equal up to more then what microsoft is getting [...]

      That point will never be reached, whatever the EU fines MS.
      Just compare the price of MS products in EU to those in the US: EU consumers (and companies) are paying back those fines, on top of the normal retail price.
    3. Re:Microsoft should just leave europe by Anonymous Coward · · Score: 0

      Great! And irreversible!

  76. Re:Appropriate price? Zero Euros and redistributio by Anonymous Coward · · Score: 0

    The EU's goal is ostensibly to ensure proper competition in the market, right?


    No. Just like the American fines against MS, the goal is to obtain a "rebate" on volume licensing deals with MS that they were not satisfied with, as governments are pretty much the only people obliged to actually pay for Microsoft products. It has nothing to do with competition. There is no competition for Windows, just as there is no competition for MacOS, as there is no competition for QNX, they are all completely separate markets, corporate and public sector consumers already know exactly what they want.

    If The US and EU governments predominantly used Apple products, you see the same fines/rebates being applied to Apple, probably even more vigorously as Apple products are so much more expensive and actually are anti-competitive and vendor lock-in based for future market security.

    I sure wish I could fine businesses that charge too much for their products. Especially automobile manufacturers, boy they'd sure have one doozie of a fine from me. (I suppose the comparison is not really that valid though, as the auto industry is at the mercy of unions when it comes to the cost of producing their products.)
  77. Never too late... by C10H14N2 · · Score: 1

    The member states of the E.U. would be within their bounds if they declared war on the U.S. and nuked Washington. Getting into a pissing contest with an American software company is something short of that.

  78. The relevent question is: by ClosedSource · · Score: 1

    What percentage of the server market does MS posses in the EU market? If they're not the market leader will giving more information to competitors actually decrease competition in the EU in this segment?

  79. Me thinks Bill likes Monty by Anonymous Coward · · Score: 0

    According to one source Bill Gates replied to the EU courts, "No Chance, EU bed-wetting types. I burst my pimples at you and call your protocol-opening request a silly thing..."

  80. Re:Appropriate price? Zero Euros and redistributio by Samhain · · Score: 1

    Who cares how it benefits MS?

    As you stated -- "Having and using open standards is a big advantage to the consumer".

    So therefore the consumers get together and form a "union" -- hmm, lets call it the EU -- and they say, 'you must use open standards because it is better for us'. If MS does not use open standards. Then they pay a fine.

    Or they can just decide not to sell their product under those rules. That is their choice.

  81. Re:Something I don't get about the whole MS-EU thi by 99BottlesOfBeerInMyF · · Score: 1

    Why doesn't MS just give the EU a big "F- you" and stop selling it's products in Europe?

    Imagine you buy a second home in Europe and vacation there every summer. You like it there and a lot of your family lives there. You take out a loan from an international bank to pay for the second home (mortgage). Now imagine, while you're in Europe you're convicted of a white-collar criminal offense, say fraud. Why don't you just fly to the US and never go back?

    Well for one, that would make you a criminal refusing to comply with the law in Europe, and there are extradition treaties so they might ship you back to sit in a prison cell for a long time. Two, you would no longer get to see your friends and family there. Three, you have a lot of money invested there and the EU is not going to let you sell the house you own and ship the money back to the states when you're a wanted criminal. Four, that big loan you took out with the international bank, they still expect to be paid and if you're not making payments and have lost the house to the EU courts, they're going to go through the US courts and take your house in the US too. Five, what makes you think you can make it out of the country without being arrested for fleeing your warrant?

    MS pulling out of the EU would be sacrificing billions in annual income for the sake of millions. The shareholders would fire that CEO in hours for losing them that much money. Also, being a convicted criminal with lots of assets in the EU, including all your patents and copyrights and trademarks and buildings and cash means they might confiscate some or all of that. Also, a lot of MS employees work there. If you worked at MS in a given country and MS told you one thing and the police told you to do another or go to prison, what would you do? MS saying "we're not doing business in the EU, does not mean the MS assets there are not considered a separate company that keeps developing and selling Windows. MS has business contracts with thousands of international organizations. If they stop doing business in the EU, they just broke all of those contracts and will be sued in the US courts by each and every one of those companies that has a US branch until MS is completely broke. If MS somehow managed to stop selling Windows in the EU, suddenly they would have created their own largest competitor. Whether that is the new MS-EU, or a Linux provider, or Apple, or Sun or IBM or some combination thereof, they would have just given up 20% market share to another OS, strongly motivating every developer on the planet to look into offering software on that other platform and removing the biggest lock-in MS has over customers elsewhere.

    Are those enough reasons for you?

  82. Re:Something I don't get about the whole MS-EU thi by Anonymous Coward · · Score: 0

    Because some of the biggest developers in the world are in Europe. If Microsoft loses it's stranglehold on the OS market in Europe, games and other large programs will suddenly be cross platform with linux/bsd that can run on that still-cheap hardware. If that happens, then the stranglehold starts to loosen on the rest of the world.

  83. No, thanks. by Kadin2048 · · Score: 1

    I'll take socialism over laissez-faire capitalism any day of the week. How's your heating bill?

    A whole lot better than it would be if we were just splitting the bill equally between everyone in my town ... or haven't you ever gone out to a big business lunch where it was known that you'd just be splitting the check equally? People are pigs when there's an incentive for them to consume more than the next guy.

    If everyone pays the same for water, then there's no reason for me not to just let the tap run when I'm brushing my teeth, or install a more efficient washer, or anything else. I'm not going to bother to install a timed thermostat, and if it's between cranking the heat and putting on a sweater, I'll just crank the heat -- why not? It'll cost virtually the same amount anyway.

    Those are the sort of inefficiencies and waste that 'socialist' schemes lead to, and in the end, we're all poorer for it.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:No, thanks. by ericrost · · Score: 1

      This is not the straw man you're looking for. Do you remember the days when there was a regulated market for water, heat, and electricity? It didn't mean everyone paid the same amount no matter what they used, it meant that the rate wasn't set based on a profit motive, but instead set to cover the incremental costs of providing the service to you.

      So no, you're not better off than when it was "socialist". Instead you're lining the pockets of some shareholder while you worry about what the next guy is or isn't "getting on your dime". Nice try, though, I'm sure your Republican friends will smile and nod politely at your next Kiwanis luncheon at that one.

  84. Ah, but back to the car stereo example by sscroggins · · Score: 1

    I don't think that most people will install their own car stereos either. They take it to a shop and have someone else do it because it's beyond their own realm of expertise. I realize that most of the people posting here don't have these problems with a computer. I had an Atari 400, an Apple IIe, an Amiga 500, and then several different Microsoft based PCs. Most of you can tell the same type of story. So what if most of us can install a different media player or download and install Open Office? The people that can't do that are the ones that you seem concerned about. At least with Microsoft bundling all of these additional features the computer novices will be able to listen to music, or surf the net, or send an e-mail. If the functionality wasn't there with the OS what would they do? Because apparently those people don't know how to add or remove programs so it seems as though they would need to hire or find someone else to do these things for them. A touch inconvenient and potentially much more costly.

  85. What it's all about by Cpt.+Fwiffo · · Score: 2, Insightful

    As is known, MS was fined by the EU for abusing their monopoly, namely, bundling MS media player (and other apps) with windows.
    For not complying, they were fined again. And again. And...
    One of the requirements was opening up the specs so that third-parties could use the same API as MS media player uses, thus actually having competition on that part.

    However, MS argued that this spec contained innovations, and should not be opened up freely, as there were costs involved.
    The EU found this reasonable.
    MS opened up the specs, and set a price based on those innovations.

    Upon investigation by an independent party at the request of the EU, the independant party found nearly nothing innovative.
    As the amount of innovation was tied to the cost, it meant that microsoft was way overcharging its specs.
    This of course is not part of the deal: the cost of the specs should be reasonable, so that third parties could actually use the spec, and compete.

    This is where the EU is upset about. The fact that Vista is way overpriced is not the issue here. The issue is MS abusing the wording of the ruling and the subsequent settlement of the antitrust case they had against them.

    See http://en.wikipedia.org/wiki/European_Union_Micros oft_antitrust_case

    1. Re:What it's all about by Anonymous Coward · · Score: 0

      Mod parent up.

      This is the most informative post in this thread!

  86. I think a fair rate is $500 for one protocol set by WillAffleckUW · · Score: 1

    Charged one time per company or working group.

    Then no license fee.

    If MSFT doesn't like it, it can abandon Win sales in the EU.

    Or live with ever growing fines.

    --
    -- Tigger warning: This post may contain tiggers! --
  87. Stop it.... by Anonymous Coward · · Score: 0

    If windows was not such a great important product, and all the "better alternatives" the Microsoft haters here constantly support and say Microsoft is undermining, the EU would just fine MS harder and harder and than insist they charge MORE and MORE for the product so they can fine them harder and harder agin, all the while funding these "better alternatives" to eventualy compleatly replace Microsoft software with the "better free alternatives".

    I am not saying Microsoft is a great champion of open competition, but please....mas religious conspiracy and world domination are a bit much no?

  88. I expect a huge catfight very soon ... by TihSon · · Score: 1

    Microsoft knows it is going to be fined very heavily, so they raise the cost of their products in the EU to accomodate this higher "cost of business". The EU folks know damn well what Redmond is doing, so when this thing gets to the stage where fines are levied, and MS is asked to pay for it's naughty ways, the EU is going to set some records.

    I expect the fines will surpass 20 billion dollars. I know others who think it will be even higher.

    Personally, I think Redmond's blind stubborness is becoming the greatest asset the OSS community has.

    --
    In B.C., our fascism is green.
  89. Microsoft is the Anti-Christ by Anonymous Coward · · Score: 0

    I raise my hat to the EU for giving Microsoft a rough time. They deserve it because Microsoft are a form of the Anti-Christ.

    Open-source/Open-hardware is what is best for society.

    I have been following Microsoft products since 1981 and I have been exposed to Minix/Linux since it first came out.

    Patents, Intellectual Property along with the rest of the smoke and mirror tactics only protect the interests of the technocracy.
    Consider the arm of influence Microsoft has.
    Consider the way Microsoft has locked-in Political Institutions, Education Institutions, PC vendors, Developers, Technical Support Representatives and Consultants to use Microsoft product.
    Consider the way this has impact on the up and coming generations of kids.
    The value of instant gratification(ship buggy product to get profit) seems placed over the value of long-term gain(quality product used for long periods of time).
    The value of just playing games on computers seems placed over the value of learning how computers work and creating things with computers. Microsoft prides itself with hiding its magic recipes from the public and then Microsoft continuously exploits and profits from the public by charging them almost on a per-use basis. If not, that is what Microsoft is aiming for. That is why it is trying so hard to make a web-browser based OFFICE popular because it aims to charge Web-OFFICE users on per use basis.
    Consider the way Microsoft regiments their software delivery schedule and imposes when all the users on the planet must update. I don't use the "must" word lightly here. Their "patches", "Service Packs", "update" all eventually get imposed on all the PC users.
    The illusion of the PC being owned and controlled by the user is amazing when in actual fact, it is Microsoft that OWNS it because they control when the PC owners need to purchase something. Internet explorer updates come to mind here. When IE 5 ran on win95 and then they forced the update to IE6 and if I recall correctly, you couldn't get IE6 for free unless you purchased win98/win xp. This places developers in a dilemma because it forces them to buy a whole new set of developer tools for the next version along with the headache of ensuring their software runs on the previous windows versions to support smooth transitions of software product upgrades.
    As a developer I had no control when to buy software developer tools. Microsoft enforced the schedule on me. Usually this meant getting Microsoft Enterprise Developer Network Edition to get all the tools and to discover all the new stuff. The other levels of developer subscriptions sometimes did not inform the developers of recent changes and things to watch out for. Take a look at the price of MSDN Enterprise and you will see it is exclusively expensive.

    I raise my white hat to Linux because it has grown to a point where it is truly an alternative to anything Microsoft has. This is not to mention the fact that the manner you install and upgrade the Linux operating system and the software packages available is truly superior to Microsoft. I am not going to give preference to one flavor of Linux because they all deserve the credit for making it what it is today. Because it is open-source, anyone wanting to learn how the stuff looks like under the hood can do so. That is truly priceless.
    I didn't mention the true impact this will have on the next generations of users, Linux hobbyists, and professionals. The synergy coming from discussions in open source related mailing lists and from all the Linux source code contributions from all countries has already surpassed Microsoft innovation and will continue to do so.

    Open-Hardware is an important topic also. In order for the world to get more synergy, the hardware needs to open up and a great many have already discussed this. That said it needs to remain in the forums of discussion in order for more people to become aware how important it is to open up hardware in order for the world to get more synergy and innovation.

    1. Re:Microsoft is the Anti-Christ by cloud1494 · · Score: 0, Troll

      As to the question of the topic, I'd say world government (which is what the EU is leading to) has no bounds to overstep (that's why it has to be stopped).

      "I raise my hat to the EU for giving Microsoft a rough time. They deserve it because Microsoft are a form of the Anti-Christ."

      Kind of funny how you point your finger at MS when the EU is the real problem.

    2. Re:Microsoft is the Anti-Christ by cloud1494 · · Score: 0

      lol, you guys are funny. I point out the truth and ya'll tell me I'm a troll.

  90. Re:The EU has no bounds. by maxwell+demon · · Score: 1

    Microsoft is free to leave the market.
    Yes. Unfortunately it will not do this.

    If the EU is hostile enough to international business the problem will self correct.
    The EU isn't hostile to international business. It's just hostile to monopolies and cartels abusing their marketing power. In other words, to those who break the law.

    Once the only plane you can fly is an Airbus for 1500 EURO because they forced out the competition.
    I guess if Airbus ever manages to make an airplane which costs not more than 1500 Euro, it will get the complete market anyway :-) But otherwise, I don't see what you want to get at here. There are to my knowledge absolutely no anti-Boeing regulations in the EU.

    Everyone can just trash their computers and buy from Apple...
    ... or keep their computers and install Linux. BTW, the already installed base wouldn't at all be affected. Only new licenses wouldn't be sold.

    and then Apple with have the monopoly.
    I doubt it. But if so, it's likely they won't abuse their monopoly. Not because of goodwill (I don't trust Apple any more than MS), but because they wouldn't be so silly to lose their biggest market (and the EU would be their biggest market, because it would be the only market without MS competition). And because their monopoly would likely only be in the EU; and the market forces from outside the EU would keep them somewhat honest.
    --
    The Tao of math: The numbers you can count are not the real numbers.
  91. Re:Appropriate price? Zero Euros and redistributio by jimicus · · Score: 1

    (because 95% of clients are windows and only windows server can serve them)

    Ah. Good point.

    Samba's fallen badly behind (you can run a Windows domain entirely with Samba, provided you don't mind it being an NT4-style domain, so no group policy stuff) and while they are trying to catch up, it's clearly an uphill battle.

    Opening the various bits which still aren't perfectly reverse engineered would have Samba serving AD domains very quickly indeed.

  92. Too late? Nonsense! by golodh · · Score: 1

    *sighs* There we go again ... someone triggered the "Governments are socialist evil" reflex, and yes ... up pops someone to say that "No government can tell a company ...".

    I'm afraid that this sort of response is just what Microsofts engineered in the first place ... for those with short memories and a limited appreciation of what is going on here. So ... please take the time to read up on the whole case, and _then_ sund off.

    (1) The whole case began when Microsoft violated the EU fair-competition laws by withholding essential protocol information required to make other software products interoperable with Windows special flavour of the SMB protocol. And no, this does not include source code ... it merely describes the plug you need to let third-party software components interoperate with Microsoft Server and Microsoft Windows in a Microsoft Server environment.

    (2) It is Microsoft that has been "gaming the system" for about three years now, using all procedural options to dicker, cavill, and waste time all with the intention of letting so much time pass that new facts on the ground are created (read closing the window of opportunity for competitors to offer interoperable software) and thus to freeze competitors out of the market.

    When finally forced, by threats and fines, to open up their protocol specification, they have taken action to ensure that:
    (a) the information they give out is as tardy, deficient, obfuscated, and useless as they can possibly make it
    (b) they can *price* the information they are obliged to make available in the first place, aimed squarely at excluding Open Source software.

    Of course this was never the spirit of the EU fair-competition laws, but like any good commercial organisation, Microsoft is doing absolutely anything that will not actually get them fined or jailed to make certain that they can use all the loopholes contained in the _letter_ of the law to get away with non-compliance.

    (3) It is Microsoft which has been using "pricing" as a means to ensure that Open Source Software _cannot_ be fully inter-operable with Microsoft Server (from the article: "Some individual technologies within the premium tier, such as Kerberos authentication, are actually free of charge; though others, such as Base Authentication Services (used to grant authentication to clients accessing Windows Server resources) are relatively expensive - as high as $17.50 per server seat. (The complete proposed rate table is available in this PDF document.)".

    The fact of the matter is that Microsoft is hiding behind the letter of (patent and copyright) law as follows: They take an open, documented, protocol (say SMB, which was developed by IBM by the way), extend it with things that delve deeply into the internals of MS Windows, and then say that it is "proprietary technology", and refuse to reveal how to be inter-operable.

    The commonsense conclusion is that there is no innovative content in the new protocol, just a crafty way of commingling so much of their truly proprietary code into it that it anyone making something inter-operable will (a) infringe on their patents or (b) need copyrighted information from Microsoft. I believe that the EU is fully justified in refusing to fall for this formalistic trick and to allow Microsoft to make an end-run around the fair-competition laws.

    (5) Besides Microsoft seems to have _promised_ the EU not to charge based only on patentability:

    "But the EU Commission said in March that Microsoft agreed to base Windows Server protocol pricing on innovation, not patentability, adding that some protocols are not innovative enough to warrant a premium charge. The Commission also said that those protocols which aren't patentable should not require a fee at all.

    In acknowledging the work of its designated trustee, Dr. Neil Barrett, the EU said it examined 160 Microsoft claims to patented technologies, and conclu

    1. Re:Too late? Nonsense! by Anonymous Coward · · Score: 0

      The EU are exercising the best interests of its citizens. They will never overstep any mark whilst that equality is true.

      I would like to see the EU prevent Microsoft from selling software within its confines. I think the ramifications would be far less severe than anyone would anticipate.

      It seems the great technological social revolution creeps nearer every day.

      Bring it on!

  93. Markets by gotw · · Score: 1

    "MS's only real competition is Free Software"

    Just a pedants point about markets, really. Microsoft sell windows in a number of markets. Many machines run windows, but depending on their purpose and usage they may be competing with different products from different vendors. A home computer is generally the most open, a good deal of home users would be well suited by some linux distro or other, or by a macintosh. Corporate networks may be so heavily tied in to certain pieces of windows infrastructure that there is very little direct competition Print and certain creative industries are strongly (emotionally? historically?) tied to the Mac platform, and an engineer at a nuclear power station may have specialised uses for a laptop running SPARC Solaris. Of course, server markets are far more open, and MS have fewer and weaker monopolies in such markets and will be competing with various UNIX and UNIX-like OSen (I shan't go on).

    To conclude, to say that free software is MS's only real competition is demonstrably untrue. To talk about windows as having one market is completely unhelpful.

  94. What's in a word by Anonymous Coward · · Score: 0

    So... what's the word if a government "contracts" private organizations, imposes draconian tariffs to products of other countries to make his products competitive (agricultural products, anyone?), forces other countries to sign unfair trade agreements and even subsidiarizes his own products. Again, agricultural products, which would normally be more expensive because of the labour cost and, right now, are even being selled in poorer countries like Mexico, even cheaper than their own ones.

    Oh wait, that's not comunism, that's capitalism at its finest!

    But, wait again, the difference was...

  95. I must have missed this imperative. by Grashnak · · Score: 1

    Because computers should be able to interact with each other, no matter their OS. Because, otherwise, how will we upload the virus and destroy the alien spaceship? Seriously though, who says that all computers must be able to interact? You don't get to just make shit up like that dude.
    --
    Life needs more saving throws.
  96. Oh Pulease! by kaiwai · · Score: 1

    There is a marked difference between medicine and software patents.

    If the pharmacutical industry was run like the software industry it would be a nightmare, with the top of the list issue; no one would know how each drug interacts with each other; if you created a drug which didn't act negatively with another drug, you would end up vendors suing each other.

    Lets ALSO remember that the large pharmacutical company in the world only has approximately 6% of the marketplace; there is no player which has 90% of the market. The pharmacutal industry is brutal, ask any startup.

    1. Re:Oh Pulease! by ClosedSource · · Score: 1

      "no one would know how each drug interacts with each other"

      And this is different from the current situation how? There are plenty of drugs on the market today that haven't even been proven scientifically to be efficacious, let alone has their interaction with other drugs been studied adequately.

  97. Think patients, not marketplace... by xxxJonBoyxxx · · Score: 1

    ...the large pharmacutical company in the world only has approximately 6% of the marketplace; there is no player which has 90% of the market.


    Tell that to patients whose particular disease can only be treated by drugs from only one of the pharmas. There are several areas in which individual pharmas own 100% of a particular "niche" and thus have all the patients and doctors suffering through X by the balls.

    The pharmacutal industry is brutal, ask any startup.


    If it's tougher to get into the pharma business than the software business, then why is one software vendor the target of more anti-trust attention than various pharmas?
  98. Re:Appropriate price? Zero Euros and redistributio by jayp00001 · · Score: 1

    Free software was in fact the argument used by microsoft to say that there was competition. Free software according to the courts was If you are going to allow that free software is competition (by definition a 0$ cost of entry to the market)then you also have to allow that Microsoft is not a monopolist(there would no longer be the required substantial barrier to effective entry). I think that's how Microsoft is going to game the system. If the EU sets a price, then anything lower than that is, by definition, competitive. If they do not set a price, then microsoft can claim insufficient guidance and stall essentially forever.

  99. That theory can be easily discredited by ClosedSource · · Score: 1

    "If complying with the law results in a company going bankrupt, then the business model of that company is flawed."

    The government passes a law that says that no company can make a profit, therefore all companies in that country have flawed business models?

    1. Re:That theory can be easily discredited by Bert64 · · Score: 1

      Well in this extreme case, yes. Because under the law of that country, trying to run a profitable business would be a flawed business model.
      That may be a pretty stupid law, but there are already plenty of stupid laws out there.
      On the other hand, there's no reason businesses couldn't continue to operate under a government where making "profit" was illegal. Profits are taxed, so many businesses don't make profit anyway.
      All you have to do, is reinvest the money or pay it to staff and it's no longer profit. The fat cats would still get rich, by paying themselves huge wages and the company would simply break even.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    2. Re:That theory can be easily discredited by ClosedSource · · Score: 1

      As the US postal service is well aware, it's very difficult to exactly break even. Of course, the government could pass a law that didn't allow you to pay wages as well.

      The point is you assume that any law that makes it difficult or impossible to have a business is not flawed, but anybody running a business is that is hampered by such a law has a flawed business model. Common sense suggests that there are both bad laws and bad business models, and you haven't presented any evidence to prove otherwise.

    3. Re:That theory can be easily discredited by Bert64 · · Score: 1

      You have agreed with my point. If your business model doesn't enable you to generate a profit legally then your business model is flawed. I never said that such laws couldn't themselves be flawed.
      But if you want to run a business, you need to comply with the laws that exist where you want to do business, regardless of how stupid those laws might be, unless the police don't bother to enforce them.

      In London (UK) if you drive a taxi, the law requires you to carry a bale of hay with you at all times. No taxi drivers obey this law, and the only reason it hasn't been repealed is because noone bothers trying to enforce it so the case doesn't even get so far as court.

      Theoretically, you would have to be found guilty of operating a taxi without the requisite bail of hay in the lower courts, and have to escalate it higher up. The lower courts have no control over the law, they simply have to enforce it, although the judge sometimes has the power to impose a trivial sentence like a 0.01 fine.
      Once such a case reached a sufficiently high court, the law would almost certainly get repealed.

      --
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  100. Re:Appropriate price? Zero Euros and redistributio by mrchaotica · · Score: 1
    --

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

  101. I remember what it was like before by sscroggins · · Score: 1

    Sure, there were other companies that did it earlier and some even better, but Windows brought a gui to the masses. Without that happening (by anyone, Microsoft or not) your computer people of "above average intelligence" would be even more of a fringe society that we are now. And I certainly hope that this is not your first language if you really are above average intelligence. First, anyone that wants to announce their increased intelligence to the world probably has some issues, so maybe you're not so much familiar with "modesty". Second, what the hell is decidedness supposed to mean in your post? If you plan to label someone as a moron you should first do a spell check. It lends a touch more force to your accusations if you don't sound like a moron yourself. I still insist that bundling is not a big deal. How many people do you know that actually use the build in CD burning functionality in XP? None? Because it sucks. What about Media player? Probably a lot more because it's not a bad product. I'm not saying it's great, but it is usable without much fuss. I don't use Paint, because the GIMP is free and works well. I do use Office because it loads fast and it works. And what, exactly, does an electrical utility bundle with the electricity? Nursery rhymes and sunshine? I guess that I've got to go and edit my My Space page now. If I was 13 I might even do that.

    1. Re:I remember what it was like before by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      Sure, there were other companies that did it earlier and some even better, but Windows brought a gui to the masses.

      I don't even know what point you're trying to make. MS did not invent something, but did popularize it many years ago so we should let them break the law now?

      And I certainly hope that this is not your first language if you really are above average intelligence. First, anyone that wants to announce their increased intelligence to the world probably has some issues, so maybe you're not so much familiar with "modesty".

      Actually this is my first language and I am fluent enough in it to take note of, but not call attention to your numerous grammatical errors. This is, after all, a rather informal forum for writing. As for your statement about, "announce their increased intelligence" I'm not sure exactly what you're trying to convey. I mentioned that people on Slashdot tend to be above average in intelligence, not that my intelligence is increased by... well, whatever it is you think I was saying.

      Second, what the hell is decidedness supposed to mean in your post?

      That is a typo that was meant to read "decides."

      If you plan to label someone as a moron you should first do a spell check.

      A spell check should not catch "decidedness" since it is a proper, if little used word.

      I still insist that bundling is not a big deal.

      Bundling is not a big deal. Bundling with a monopolized product is a big deal. The fact that you still can't seem to understand the significance that those are different things, speaks to your ignorance. If you bothered to read anything about antitrust law you would note that only the latter is illegal. That might be your first clue to try to figure out why it is illegal.

      How many people do you know that actually use the build in CD burning functionality in XP? None? Because it sucks. What about Media player? Probably a lot more because it's not a bad product.

      Actually, those are both the most popular applications in their respective categories, used more than any other. Just because you don't seem to know a lot of people who use them, does not make them less popular.

      I'm not saying it's great, but it is usable without much fuss.

      So imagine you're in business as say, a baker. Now suppose you make really good baked goods at an affordable price and are doing well, but then the electric company starts bundling baked goods with people's electrical service. They raise the cost of electricity a bit, but there still aren't any other good options, so now everyone already has baked goods and don't need yours. Now the baked goods from the electric company aren't great, but they are eatable without much fuss. So you go out of business and consumers end up eating inferior baked goods that cost them more money, even if they can't tell exactly how much.

      You honestly don't see a problem with that? What about when they start adding more and more products to said bundle and driving more and more people out of business? Still no problem? What about when all innovation or advancement in those markets slows to a crawl since there are no competitors left for people to move to? Why invest when it doesn't get you any more money? You really can't comprehend how monopolistic bundling can be a bad thing for the economy and people in general?

  102. this is silly by alw53 · · Score: 1

    I thought that patents were required to be innovative. If the Government wants only
    innovative patents to count, they have an easy solution: only patent innovative ideas.

  103. Dripping with it by TechnicolourSquirrel · · Score: 1

    Microsoft has responded to the latest round of EU requests by asking how much the EU thinks they should charge for Windows Server Protocols. Sarcastic bastards.
  104. 'Criminal activity'? by I'm+Don+Giovanni · · Score: 1

    You do know this is part of a settlement for criminal activity right?


    What "criminal activity"? Microsoft has never been charged with a "crime". "Civil" violations are not "crimes". The "civil" code is not the same as the "criminal" code.

    Also, I've read that the EU "case" consists of mandates and decrees issued by the EC, not a court. Microsoft has appealed those decrees to a real court, but the court hasn't heard the case yet.
    --
    -- "I never gave these stories much credence." - HAL 9000
    1. Re:'Criminal activity'? by 99BottlesOfBeerInMyF · · Score: 1

      What "criminal activity"? Microsoft has never been charged with a "crime". "Civil" violations are not "crimes". The "civil" code is not the same as the "criminal" code.

      Antitrust violations in the US are criminal code violations under the sherman and clayton acts. You're probably confused because they are commonly precipitated by civil suits. The Department of Justice does not file civil suits, they prosecute criminals. I'm about 90% sure that antitrust violation is a criminal offense in the EU as well, but I don't have good references on EU law as opposed to country specific laws, so I'm relying upon the opinions presented to me by EU residents. If you have some evidence to the contrary, please present it.

      Also, I've read that the EU "case" consists of mandates and decrees issued by the EC, not a court.

      The EC is equivalent to the executive branch of the US government (you know like the Department of Justice). They are charged with enforcement of treaties and competition issues. They are enforcing the laws enacted by the parliament and Council which are sort of equivalent to the US houses of congress. MS has appealed to the courts several times now and had their case rejected as without merit.

  105. Re:Appropriate price? Zero Euros and redistributio by Anonymous Coward · · Score: 0

    If you make your cookies with an ingredient that makes the eater of those cookies allergic to the flour used in the cookie dough of every other cookie maker, then it's perfectly reasonable to say that you need to work with other cookie makers to ensure that their cookies can be eaten by people who've eaten your tainted cookies. It's perfectly reasonable to say the the FDA can require this of you or ban you from selling your cookies in the first place.

    It's the same thing in this case. The EU is representing its constituents' rights to use non-Microsoft software when and where they choose to and also to produce software that can compete with Microsoft where EU-based companies believe that they can compete successfully. If Microsoft is allowed to act as a monopoly, they can use products they produce that have no reasonable equivalent to lock customers into other products that could have reasonable equivalents and also lock other vendors out of competing in those areas.

    So what's wrong with the EU acting on behalf of the people they represent? They know their market is much too large for Microsoft to ignore completely, so why not try to level the playing field for both IT consumers and IT producers in their constituent countries?

  106. We've got to be sure...... by devitto · · Score: 1

    ......nuke Redmond from orbit.

  107. What price? by Anomalyst · · Score: 1

    MS should PAY subscribers an annual stipend for as many years as they have been convicted as a monopolist and have withheld the information. I recall a time where you had to pay several hundreds of dollars to get the complete specification for facsimile transmission and reception. So how about $666, (999 upside down and the number of the beast, heh, any suggestions on how work in some kine of depiction of Mohammed?). Sent each year to any company subscribing who was a legitimate software business when MS was convicted, latecomers can get a softbound copy by paying the same $666 value. I could live with it never being produced in anything but hard-copy to reduce copyright violation by electronic distribution.

    --
    There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
  108. except the WTO... by slew · · Score: 1

    In the WTO "technical barriers to trade" gateway which the EU (and member states are party too)...

    Isn't world government great! ... NOT!

  109. Re:Appropriate price? Zero Euros and redistributio by dave562 · · Score: 1
    I'm having the same problem understanding the argument that you are. Microsoft has built their business around doing things the way that they want to do them. Nobody said that they had to implement standards. They took what they wanted from the standards and integrated them into their products. To my knowledge, they aren't claiming to be standards compliant. If OSS really is the best thing since sliced bread then it should be able to stand on its own. The only reason the OSS folks want interoperability is because they want to steal market share.

    The big argument that I see repeated on here is that Microsoft is a monopoly and that Microsoft has foisted its products on the world. The reality of the situation is that there are alternatives. The alternatives are Apple, Sun, IBM, Linux, etc. But those can't do all of the things that Microsoft software can do. Or they can do it, but they don't do it in the same way. Or they want to try to do it in the same way, but Microsoft is saying, "Nope, that's our way of doing it. Go do it your own way."

    I read a lot of stuff here on Slashdot from people who say what Microsoft has patented is "obvious." I have to wonder if 50 years from now, if people are going to be saying the same things about the patents on genetic engineering, or biotechnology. Just because something is "obvious" right now doesn't mean that it was obvious when the patent was filed. If a company is out there on the leading edge of things, they are going to go patent crazy to do everything that they can to protect their market. Last I checked, all of the big players in the computer industry have huge patent porfolios, not just Microsoft. I'm sure that if AS/400 was as big as Windows Server 2003, you'd be seeing IBM playing their interoperability documentation close to their chest, and the OSS world would be making them out to be the villians.

  110. I'm sick and tired of MS and the EU... by Anonymous Coward · · Score: 0

    Let's just get it over with.

    As we all know, MS may be a 500 pound gorilla, but the EU is something of a two-tonned whale.

    My request to the EU: Burn MS to the ground. Ban them out the EU. Force them to open ALL the protocols. Sue the hell out of them if you can, too. Abolish software patents in the EU, or make them better. (IE: "You may have the patent, but that leaves anyone else Free to use it, as long as they give you X amount of money if you want, but Y is the limit! And other than that and mentioning you, piss off!")

    The EU has EVERY right to do WHATEVER it wants to products entering its zone. It's a sovereign entity (Composed of soveriegn states that are highly respected for the most part) that has full rights to destroy anything that impeeds it, especially if it breaks "the rules".

    I wouldn't mind a nuking of MS's headquarters either.

    They really deserve it.

  111. This difference is the key by Nicolas+MONNET · · Score: 1

    The sum of the employed and unemployed is not 100%, that's the key to this while issue.

    As I mentioned, those include for example people in jail. The US has 10x more inmates than Europe. Those are conveniently not included in the unemployed stats.

    Other tricks exist, some European countries (UK I believe is one of them) just classify long term job seekers as handicapped and unemployable, give them a monthly allowance, et voila, clean unemployment numbers!

    And yes, I'm obviously speaking of ratios, unless explictly stated otherwise. There's little point counting absolute number in those matters, except for obfuscation purposes.

  112. I hope they do by Anonymous Coward · · Score: 0

    I hope MS does take their ball and go home. They won't, though, because it would soon become patently obvious that the EU was getting along just fine without them, and that cluebat might even manage to knock some sense into stupid Americans.

  113. bend over backwards? by CaptainNerdCave · · Score: 0
    personally, i would think that the smartest thing m$ could do would be to bend over backwards to try pleasing the EU. first of all, this is a HUGE market with the potential to offer a lot of revenue (assuming language compatibility). second, (i would imagine) pissing off the eu would be FAR worse than just pissing off the us. perhaps the eu will boycott m$ for not complying with their request/demand and fine them for wasting their time? as it stands, their potential fine is crawling past the $1 billion mark.

    wouldn't the smart idea be to treat the eu the way most places treat wal-mart?

    (big customer)=(yes, sir!)

    if this sort of thing does go through in the eu's favor, might that get the us govt puppets thinking about sticking it to m$ in anti-trust matters?

  114. Re:Appropriate price? Zero Euros and redistributio by trenien · · Score: 1
    I don't agree.

    If free software were to be made by (a) company(ies), it(they) would have been sunk by M$ monopolistic behavior.

    It's only because OSS is mainly written by either volonteers or people paid by entities that don't directly compete with M$ that it has a fighting chance.

  115. Lock in... by atlas.in.pain · · Score: 1

    Is a consequence of buying any product. And it has its own price. If the electric company was charging you through the roof, it would only be a matter of time before the costs of staying in the city you are in exceed the cost of moving to a new city... But even if that weren't the case... Purpose of corporation: locking you in and draining you like an advanced species of parasite. Purpose of regulatory commissions: Prevent the parasite from consuming the totality which is you. PoC - PoRC = screwed(U) Paraphrasing: what the hell did you expect MS to do, how the hell did you expect the EU to react and why the hell did you move to a place where no one is looking out for your rights!?

  116. Re:Something I don't get about the whole MS-EU thi by howlingmadhowie · · Score: 1

    why make trillions when you can make... billions?

  117. The wrong question yields the wrong ans. q. by s7ht9fga · · Score: 1

    The whole point seems to be that somebody asked the wrong question at some time.

    Closed protocols and formats are the privilege of commercial entities. Mandating closed formats and protocols by a democratic government for egovernment purposes is a mockery on democracy no matter what the price. Why not just hand over an exclusive contract and cash in instead. It would be as bad as it is now, but with less hypocritical.

    The EU has no business regulating what commercial entities use for their own products. However, it can and should mandate open standards which are not burdened by patents and by ANY price. So, clearly, there was no point in asking m$ the question that prompted that answer. - s7ht9fga

  118. What an idiotic question. by jotaeleemeese · · Score: 1

    The EU would "overstep its bounds" when they stop complying with the law and the powers it has.

    But asking such a question in regards to an issue involving a monopolist, is frankly rich to say the least.

    --
    IANAL but write like a drunk one.
  119. Re:Appropriate price? Zero Euros and redistributio by jayp00001 · · Score: 1

    fair enough- if they don't compete with Microsoft then they wouldn't need access to the protocols, since they are only used to connect to microsoft systems.

  120. bounds? by Tom · · Score: 1

    At what point has/will the EU overstepped its bounds? How about we start discussion that right after microsoft has started to act within the bounds? Like following the law and all that inconvenient business-hostile things?
    --
    Assorted stuff I do sometimes: Lemuria.org
  121. Nope, missed the relevance of that question: by Anonymous Coward · · Score: 0

    Are they using their desktop monopoly to unfairly muscle in and create another monopoly on the servers?

    Having the monopoly is bad, abusing it to monopolise a new market is illegal.

    1. Re:Nope, missed the relevance of that question: by ClosedSource · · Score: 1

      If there really is a lack of competition in a market, the logical choice is to examine the market leader (which, in the case of the EU server market, isn't MS). The EU's current strategy appears to be directed toward maintaining the current market winners rather than increasing competition.

  122. I say MS just pulls out of the EU by Anonymous Coward · · Score: 0

    MS should just leave the EU then there wouldn't be anything to argue about. All you people crying over MS's ways what would you do with out windows. I know a lot of you don't use linux but whine about ms. It's horrible go use the other alternatives please. Just quit whining.

  123. What bounds ? by Mr+Europe · · Score: 1

    At what point has/will the EU overstepped its bounds?

    What bounds do you mean ?