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"Show Us the Code" Breaks Its Silence

DigDuality writes with an explanation of the silence of the Show Us the Code initiative. The push he began — to gather influential sponsors demanding that Steve Ballmer reveal what Linux code he believed to be infringing Microsoft patents — was discussed here last February. "Show Us the Code has been silent since March 23. May came and went — the deadline allotted for calling Ballmer's bluff — but the site gave no update. I now explain the silence. After a scheduled interview with Forbes columnist Dan Lyons didn't happen, and my place of employment falsely accused me of representing that they endorsed my own political goals, I decided it was best to shut my mouth so I would be able to keep paying my bills. I'm glad to see Linus now publicly echoing the sentiments that this site espoused. Maybe someone already accustomed to the limelight will have better luck in challenging Microsoft's FUD machine."

180 comments

  1. Of course MS won't own up by timmarhy · · Score: 2, Insightful

    It's not in their interest to admit anything, that would bing their very successful run of bullshit to an end requiring them to think up new bullshit

    --
    If you mod me down, I will become more powerful than you can imagine....
  2. Keep paying bills by HomelessInLaJolla · · Score: 5, Interesting

    my place of employment falsely accused me of representing that they endorsed my own political goals, I decided it was best to shut my mouth so I would be able to keep paying my bills If that could've been properly documented I think there is federal protection for termination threats based upon political affiliation.

    In the real world, though, that sort of thing is nearly impossible to document fully and, even if it is well documented, one must still retain the services of an attorney ($$$) willing to stake their reputation against what could be a multimillion dollar company, and their respective insurers and financiers, with more than enough legal backing of their own.

    Not that I would know anything about how that sort of situation plays out. It would most certainly be indicative of an "OMG teh evil conspiracy!" if I were to suggest that I've been on the worse end of a similar situation.

    All that said: sell-out. =P~~~~
    --
    the NPG electrode was replaced with carbon blac
    1. Re:Keep paying bills by jollyreaper · · Score: 1, Funny

      Not that I would know anything about how that sort of situation plays out. It would most certainly be indicative of an "OMG teh evil conspiracy!" if I were to suggest that I've been on the worse end of a similar situation. Sounds like somebody doesn't love our worshipful Great Profit, Bonuses and Dividends Be Upon Him. Why do you hate capitalism and America? Why do you hurt your parents so?
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    2. Re:Keep paying bills by HomelessInLaJolla · · Score: 0

      Sounds like somebody doesn't love our worshipful Great Profit I'd hate to see the color of the cotton in your ears. I love profit just as much as the next guy. Problem was that I wasn't getting enough of it and negotiating with management was like negotiating with a brick wall.

      I wasn't willing to keep my mouth shut just to pay bills. If the bills are that important let someone else pay them. I'm in this, not just to pay bills, but for a nicer slice of pie.
      --
      the NPG electrode was replaced with carbon blac
    3. Re:Keep paying bills by muridae · · Score: 3, Informative

      If that could've been properly documented I think there is federal protection for termination threats based upon political affiliation.

      If they were threatening him for that, sure. But that's not what the article said.

      falsely accused me of representing that they endorsed my own political goals

      The company was upset because, in their eyes, he used their name in a way that made it look like they supported him. They just threatened him with termination over misuse of the company name. The problem is, even if he never mentioned that name in his blog, he would probably have to get fired before he could turn around and sue the company for terminating him without a cause.

    4. Re:Keep paying bills by ad0gg · · Score: 1

      IANAL, there is no protection for political affliation, its not part of the Equal opportunity protection(race,gender,sex, national origin).

      --

      Have you ever been to a turkish prison?

    5. Re:Keep paying bills by Hal_Porter · · Score: 0, Troll

      It would most certainly be indicative of an "OMG teh evil conspiracy!" if I were to suggest that I've been on the worse end of a similar situation.

      What? You trashed some idealistic youngster's hopes and dreams on the orders of your corporate masters? How much did you get paid?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    6. Re:Keep paying bills by DigDuality · · Score: 5, Insightful

      This reply just isn't to you. It's to many in this threaded discussion. Yes i was stupid for using company machines. That i know. I knew it then. I still don't have proof of them knowing this way. I don't know one way or the other. But you have to consider, i was one man handling an irc chatroom, revamping a website that blew up far faster than expected, maintaining a blog, i have a romantic life that's important to me, chores to do, errands to run. I used up every second of every day, and losing sleep answering the 1000s of e-mails and attempting to contact many people who may help the cause. It was stupid, but there simply wasn't enough time in the day. I'm not saying i didn't have a choice, i did. I made a bad one.

      As for those that'll accuse me of advertising and attempting to get attention. Find me one advertisement on that site. That site cost me money and i didn't advertise a damned thing.
       
      As to my job versus what I enjoy software wise, lets get real here. This is the real world. I'm not 30. I don't write for the linux kernel. I'm not management. I'm also not a kid. I have real world bills, i live in an area where finding a job in open source is next to impossible and i go where the money goes. If i happen across a position that aligns with my passions (which i actively strive for) then all the better. But until then there's rent and car payment and electric bills, and insurance, and gas and pets to feed and a relationship i value. I put things in perspective and i'm not such a strong idealist that i'm going to destroy me life. I'm not a member of PETA and i have a bit of common sense in this regard.

    7. Re:Keep paying bills by Afecks · · Score: 5, Insightful

      If you can't continue the project, maybe you could turn it over to someone else? I think that would be keeping with the spirit of open source. (off-topic: read this)

    8. Re:Keep paying bills by wellingj · · Score: 5, Insightful

      I'd just like to say I appreciate what you did do.
      Never mind the people who complain about what you didn't do.
      They don't do much of anything. You did something and that's commendable.

    9. Re:Keep paying bills by st0nes · · Score: 1

      Reading the article it is clear that he was not threatened with termination; nor had he mentioned the company's name. His employers had not even read his blog. He should have given them a copy of what he wrote and pointed out (in writing) that he had not brought the company's name into disrepute. That would have cleared the air and allowed him to continue without fear of dismissal, because any action taken against him by his employers would be unlawful.

      --
      Tempora mutantur, nos et mutamur in illis
    10. Re:Keep paying bills by TheoMurpse · · Score: 2, Interesting

      If that could've been properly documented I think there is federal protection for termination threats based upon political affiliation.
      I think that this would not be viewed by the courts as a firing for political reasons, since "Microsoft needs to explain what patents Linux infringes upon" is not a political goal.

      Instead, here's what I (as someone who spent a semester researching employee firings) think about this:
      There is a common law tradition of allowing an employer to fire an employee for
      1. a good reason;
      2. a bad reason; or
      3. no reason at all.
      Of course there are federal laws now for some of (2), namely civil rights legislation. However, (1) and (3) are still OK.

      Now, in addition to the civil rights legislation (e.g., you can't fire someone because they're a woman), most states have a narrow exception to the general rule of allowing employers to fire employees for any reason. Typically what must happen is
      1. the employee must be required by public policy as evidenced by an existing law (typically only legislative and Constitutional law pass muster) to do a certain action (i.e., employee must be caught between the rock of "get fired" and the hard place of "go to jail for breaking the law";
      2. the employer must threaten employee with termination if the employee performs the act; and
      3. the employee must perform and then be terminated.

      All three of these must be present. Had he been terminated for this, there's no way he'd be protected under what I just discussed. There is no public policy evidenced by law stating a person must challenge a corporation's assertion of patent infringement or else suffer penalties himself. Thus, his case fails (1) and therefore fails the test to see if his termination would lead to a suit for wrongful termination.

      Now, because I just finished up a course on Professional Responsibility at law school, let's see if I get this right: I am not a lawyer, and I am definitely not your lawyer, and this is not legal advice.
    11. Re:Keep paying bills by billcopc · · Score: 1

      Typically, big companies are run by large numbers of sorta dumb people; people who just go through the motions but have mostly lost the ability to think for themselves, because of the anally prepackaged nature of big business. They're capable of dealing with routine scenarios, but when something comes along they've never seen before (like a politically charged blogger), the company will look at their list of policies, find the one that most closely resembles the issue and start executing the pre-written procedure to "deal with it".

      When it comes to internet issues, very few companies are "mentally prepared" to deal with it, because the policy writers do not necessarily understand the situations. After all, they're typically failed law students who have been trapped in the corporate mind-frame for so long, they too have become mere machines of repetition.

      --
      -Billco, Fnarg.com
    12. Re:Keep paying bills by DigDuality · · Score: 1

      Let me also state, i was not fired. I left on a good note and i did not leave over this issue. I did have my mind made up that when i did leave, this would be made public.

    13. Re:Keep paying bills by Anonymous Coward · · Score: 1, Insightful

      If the bills are that important let someone else pay them.
      Er, judging from your current state of homelessness, I guess they were that important, and no one else paid them.

      I love profit just as much as the next guy. Problem was that I wasn't getting enough of it
      Greedy much? Or are you confusing profit with money in general? Not getting enough money I can understand, but not getting enough profit just sounds like avarice.

    14. Re:Keep paying bills by Svartalf · · Score: 1

      Which was a good call on your part, if you think about it.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    15. Re:Keep paying bills by Anonymous Coward · · Score: 0

      -If that could've been properly documented I think there is federal protection for termination threats based upon political affiliation.

      No there's not. Not in the real world. That's why discussing politics or religion at work is a very bad idea. All it takes is one accusation of [insert hr issue here] from the right person and you are out the door.

      Your employer can nail your coffin by writing you up a few times for whatever excuse they like. 5 minutes late? write up. 2 minutes too long at lunch, write up. Project late? dereliction of duty. They can take a very keen interest in your work habits if they don't like your politics. You can be fired for political views without being fired for your political views.

      I've seen it happen. It almost happened to me.

      -All that said: sell-out. =P~~~~

      When you are out of work, the baby is crying and your mortgage payment is late, having a backbone about your stupid politics doesn't seem so important. You are there to do a job, not preach to people that will never get your message, or even care what it is. People have their own political views and nothing you say or do can change them.

      All it does is make you look like an idiot. You don't need to be a sellout to keep your job, you just need to keep your pie-hole shut at work. You can do whatever you like outside the building. No one will ever mess with you for that. People can't get away from you at work, outside of work they don't have to hear it. That's the crux of the politics at work biscuit.

    16. Re:Keep paying bills by LEgregius · · Score: 1

      That depends on which state he lives in. In a lot of states, you can be fired for no reason at all other than the employer doesn't want you to work there any longer. If they terminated him and said "we simply don't want you to work here," it could be very hard to win a court battle over wrongful termination. He would have to prove they did it for a given reason.

    17. Re:Keep paying bills by Anonymous Coward · · Score: 0

      Well then congratulations, you're no longer paying bills. Now, about that pie thing... how's that working out for you? Ooh, not so well huh? In hindsight, maybe you should have been working to pay those bills and to get a nicer slice of pie - they're not mutually exclusive goals.

    18. Re:Keep paying bills by sumdumass · · Score: 1

      Most of those state give unemployment and job searching benifits if the "no reason" wasn't a good reason. Well, I should have left the job serching assistance out, In ohio at least, it is my understanding that they will help with that anytime you ask for help. You don't even need to be unemployed. Although I heard they ask for some fees if you are employed and making so much money.

      I know it isn't the same as the protected states where a reason is needed, but it isn't exactly being dumped on the streets. If there isn't a good reason to get rid of you, you don't completely lose.

      Also,I am wondering about the damage to your reputation. If you were fired from something it doesn't look good on your resume. If you were fired because of something provably false, is there a slander or libel situation? It might be worth exploring if the quesion or position ever comes up for you and you have proof.

  3. Quite typical by Ekhymosis · · Score: 1

    This type of behavior is very typical in the business world. If someone says 'prove it' to a company, that someone usually gets some celebrity status, but also they run the risk of being crushed under the company's legal department. It's a shame this guy had to get flack in his job, even though it was 'professionally' handled. They should have read up first, and then seen how to deal with the situation, but as time == money, they couldn't be arsed.
    How has this influenced MS and more importantly Ballmer's diarrhea of the mouth? Not much as far as I can tell.

    --
    Fighting over religion is like seeing whose imaginary friend is best.
    1. Re:Quite typical by Otter · · Score: 2, Funny
      ...that someone usually gets some celebrity status, but also they run the risk of being crushed under the company's legal department.

      This guy seems to have been crushed under the weight of being a marginal Linux celebrity. It gives you some sympathy for Paris Hilton the way he's flipping out after 248 Slashdot comments and a Forbes reporter not following through with an interview.

  4. Re:Failure Point by HomelessInLaJolla · · Score: 2, Funny

    Because, that sounds like a methodical way for an institution to restrict any citizen's rights. No way! That would be a crackpot conspiracy theory! Haven't you been reading the ACs who have been griefing me relentlessly for the last six months?
    --
    the NPG electrode was replaced with carbon blac
  5. Face it, you open sores people are screwed. by Anonymous Coward · · Score: 0, Funny

    Microsoft, like The SCO Group, is taking their time to make sure that they have a case against the RMS worshipers that cannot be refuted. Microsoft is simply warning companies involved with Linux to be nice. This is RedHat's and Mark Shuttleworth's (and others) chance to receive the benefits of a Microsoft critical alliance. When Microsoft is done giving these illegal companies (and users) amnesty, get ready to have your asses handed to you in court! Oh, and don't forget to pay four $599 SCO fee! - Darl McBride and Steve Ballmer

    P.S. Developers, developers, developers!

    The captcha is "bearer."

    1. Re:Face it, you open sores people are screwed. by junglee_iitk · · Score: 2, Funny

      I am torn between funny, troll and flamebait. Guess I will let the others decide.

    2. Re:Face it, you open sores people are screwed. by said213 · · Score: 1

      decide? decide what? i see no cowboy neal option... oh. i see no cowboy neal option, you insensitive clod!

      --
      help me fix this "Terrible" karma, please!
    3. Re:Face it, you open sores people are screwed. by timmarhy · · Score: 1
      "This is RedHat's and Mark Shuttleworth's (and others) chance to receive the benefits of a Microsoft critical RIMJOB"

      fixed it up for you

      --
      If you mod me down, I will become more powerful than you can imagine....
    4. Re:Face it, you open sores people are screwed. by iminplaya · · Score: 1

      Oh, and don't forget to pay four $599 SCO fee!

      All right! $100 discount! I'll take two. Sorry, only one per customer

      --
      What?
  6. Maybe not the code but... by chubs730 · · Score: 5, Funny

    I'm sure he'll show you a chair or two

  7. What gets me.. by Enderandrew · · Score: 4, Insightful

    ...is that there wasn't a general claim "that we believe one or more patents may have been infringed upon" but rather a very specific claim that they know some 200 specific patents were violated.

    If they know exactly how many were allegedly violated, then they have already done their research.

    Here is the funny thing. If M$ released that list, immediately people would score the code of the Linux/GNU system to verify the claims. In the possibility that M$ has a legitimate claim, people would write new workaround-code and destroy M$'s case. If the claims are shown to be less than legitimate, it detroys M$'s case.

    M$ has nothing to gain by releasing this information, and everything to lose. This is a huge scare tactic, that may work to scare large businesses away from considering what may turn out to be illegal software. And why migrate if you may be forced to migrate back?

    This is a rotten tactic, but a very effective and insidious one. Luckily, I don't think this will destroy Linux, as Linus pointed out, many of the basic patents of a GUI that M$ may be referring to are likely pretty much public domain at this point. If anything, there is prior art from vast numbers of previous GUIs that M$ copied, so it is absurd to think they invented everything, let alone own exclusive rights to it.

    When companies like Novell were first approached by M$, they should have gone to the Linux Foundation, or EFF. Instead they took a payday that inherently casts a doubt of suspision upon the entire Linux community. And while I was a fan of SuSe and many of the things they did, I will never again advocate the use of any Novell products, nor any major distro/vendor that strikes such a deal.

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    1. Re:What gets me.. by Surt · · Score: 3, Insightful

      Rewriting the code is great for future infringement, but does nothing to protect everyone currently using linux from their past infringements, not to mention everyone who has shipped non upgradeable hardware running a fixed version of linux or uclinux.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    2. Re:What gets me.. by Enderandrew · · Score: 2, Insightful

      You are correct. In that regard, companies like Novell could be hit financially in a suit if it was shown they sold a product that infringed upon patents. Meanwhile, the Linux Foundation turns back to the EU who demanded MS open up their products and libraries more for interoperability with other OS'es. Linux has a stronger hold in the EU, and the EU has already proven they will rule against MS. Does MS really want to open that legal battle again?

      Again, given the possibility of legal repercussions that affect every Linux distro and user, I think Novell should have consulted the Linux Foundation and EFF to consider all legal options first.

      However, an easy and profitable solution presented it, and I believe they rushed to judgment.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    3. Re:What gets me.. by Dunbal · · Score: 2, Insightful

      M$ has nothing to gain by releasing this information, and everything to lose.

      I beg to differ:

            They have EVERYTHING to gain - open source coders will alter their code so that it no longer violates MS patents.

            They have NOTHING to lose - releasing a list won't cost them anything - presumably they already HAVE it.

            Oh oh I SEE WHAT YOU MEAN - you mean they will lose potential "damages" from a "lawsuit"? Right I forgot for a second, it's about MONEY - no one CARES about the patent really - it's just a means to an end, right?

      --
      Seven puppies were harmed during the making of this post.
    4. Re:What gets me.. by harlows_monkeys · · Score: 5, Informative
      It's probably the same ones that RMS says Linux violates:

      Two years ago, a thorough study found that the kernel Linux infringed 283 different software patents, and that's just in the US. Of course, by now the number is probably different and might be higher.
    5. Re:What gets me.. by Anonymous Coward · · Score: 1, Interesting

      M$ has nothing to gain by releasing this information, and everything to lose. This is a huge scare tactic, that may work to scare large businesses away from considering what may turn out to be illegal software. And why migrate if you may be forced to migrate back?

      True to an extent. However, consider: should Microsoft, at some stage in the future, take the patent infringement to court, the judge is liable to say, "You knew that this software infringed. You did nothing to enforce your patent. Why is this?"

      Selective enforcement is perfectly possible when it comes to patents - they aren't "use it or lose it" in the way that trademarks are. However, if you are aware that somebody is infringing on your patent, and you do not take reasonable steps (either to collect royalties, or to stop the infringement), a subsequent lawsuit against that particular party will be prejudiced as a result.

      (How appropriate - the captcha is "lawful".)
    6. Re:What gets me.. by mibus · · Score: 3, Insightful

      Selective enforcement is perfectly possible when it comes to patents - they aren't "use it or lose it" in the way that trademarks are. However, if you are aware that somebody is infringing on your patent, and you do not take reasonable steps (either to collect royalties, or to stop the infringement), a subsequent lawsuit against that particular party will be prejudiced as a result.


      I can imagine it now...

      MSFT Lawyer: We have this list of patents you're violating. All your base are belong to us...
      Linus: I asked for the list when you made it five years ago. You wouldn't give it to me. How am I supposed to proceed?
      Judge: MSFT, F*ck off.
    7. Re:What gets me.. by fermion · · Score: 1
      It reminds me of this. It is very important that when you lie, you lie very specifically. That way, not only do people believe you, but fanbois will have some basis to defend you later. After all, if you were so specific, you must have had some reason to believe you were telling the truth. Or, in this case, they can merely say you were misquoted. After all, why would say such a specific thing that was so easily verifiable as incorrect.

      And it really is so apropos on this day of forgiving acts against the country. Is 200 so far from 205. And let us not forget that it is better to lie, knowing full well that the letter was phony, but also knowing that your fanbois will defend you to the end. And one can also take solace that one can just become incompetent during the presidency, and not recall any matter of importanct, and people will just forgive you for anything, even dooming a generation to drug addiction.

      So kids, take it from your national leaders, when you lie, lie big. If Bill had said he had never taken drugs after a certain date, a lie that your current president made, he would have been off the hook. But he decided to only make little lies, which is why he got into trouble.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    8. Re:What gets me.. by dbIII · · Score: 1

      but rather a very specific claim that they know some 200 specific patents were violated.

      It remains equal to the claim of more than sixteen thousand weapons of mass destruction sites until an example is given. This behaviour is a very bad trend and I'm sure we will see a lot more of it.

    9. Re:What gets me.. by jb.cancer · · Score: 1

      When companies like Novell were first approached by M$, they should have gone to the Linux Foundation, or EFF. Instead they took a payday that inherently casts a doubt of suspision upon the entire Linux community. And while I was a fan of SuSe and many of the things they did, I will never again advocate the use of any Novell products, nor any major distro/vendor that strikes such a deal. I switched... switched from SuSE to Ubuntu, and I recommend Ubuntu/Fedora to most of my friends and colleagues who want to try out Linux. I know this is not going to hurt them, but it's something..
    10. Re:What gets me.. by Enderandrew · · Score: 1

      I had been trying to convince my wife to go back to Linux and I was suggesting SuSe because of Yast, the nifty SuSe K-menu, AppArmor, etc.

      However she finally switched, and we used Kubuntu instead. I'm not 100% happy with Kubuntu, but I wouldn't use a Novell product anymore.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    11. Re:What gets me.. by Mag7 · · Score: 1

      There appears to be a constant confusion between copyright infringing code and patent infringing code.

      If MS reveal which parts of GNU/Linux infringe their patents, it may very well be that there is no way to code around it. We've all seen examples reported here on Slashdot of broad software patents being granted. These are ideas, of which the software is an implementation. The case may be that the functionality can't be created without infringing the patent.

      If it were simply a matter of copyright infringement, it should be a trivial matter in most cases to write an alternative implentation that does not infringe the copyright.

      We can only hope that the reluctance of MS to reveal the patents is based on fear that the validity of the patents could be challenged, or that an IBM or other company with a decent patent portfolio could counter claim and start the equivalent of a patent nuclear war.

    12. Re:What gets me.. by 10scjed · · Score: 1

      Well, the problem is that only 10% of those unvalidated, potentially infringing patents were owned by Microsoft in that study, or about 30. Also, if they are quoting the OSRM study, where then does MS get there statistics for email, GUI, etc?

      --
      --10scjed IANAL,AFAIK
    13. Re:What gets me.. by Enderandrew · · Score: 1

      Can I file a patent on a business strategy to make money simply by carefully tracking what companies have patents in various areas, looking for overlapping patents, possible infringements, and basically blackmail companies with the threat of such a patent nuclear war, that I could live a wealthy life without ever once inventing anything of my own, or doing any real honest work?

      And then I can demand royalties from anyone else who attempts to follow a similar line of work, or a lack thereof.

      I call this soon-to-be-patented technique:

      1. Googling with too much free time
      2. ???
      3. Profit!

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    14. Re:What gets me.. by xeoron · · Score: 1

      I do wonder if a law suit could be placed against them in civil court to force them to produce the list of violations. Thoughts anyone?

    15. Re:What gets me.. by Enderandrew · · Score: 1

      I doubt it, unless you tried to excuse them of fraud/extortion.

      Let's say the argument is that they made up the patent allegations as a means to defraud/con people into these vendor agreements. Under those terms, I can see a court order demanding they produce such a list to ensure Microsoft wasn't defrauding Novell.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    16. Re:What gets me.. by Svartalf · · Score: 1

      Oh oh I SEE WHAT YOU MEAN - you mean they will lose potential "damages" from a "lawsuit"? Right I forgot for a second, it's about MONEY - no one CARES about the patent really - it's just a means to an end, right? In reality, with them NOT revealing what the infringements are in a timely matter they lose the right to
      damages, and possibly even the right to enforce their patent rights against the code that currently
      infringes. MS is counting on the FUD factor of possible "illegal" software and ignorance of the fact
      that they've very likely already took too long in handling the matter with this play they're doing.

      In short, they're blowing smoke at this point, even if they have real infringements with real, instead
      of rubber-stamped, patents.
      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    17. Re:What gets me.. by Marsala · · Score: 1

      True, but the patent holder also has a responsibility to defend the patent. If they push this to trial, I'd imagine the first question the defense will be asking is, "So, if you knew there were 200+ patent violations in 2003, why did you wait 5 years to send out cease and desist notices or start any legal proceedings against the offenders?"

    18. Re:What gets me.. by Svartalf · · Score: 1

      ARRGH... Blown closing tag... Must have more caffeine in the morning before my first posts of the day...

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    19. Re:What gets me.. by stubear · · Score: 1

      MSFT Lawyer: We have this list of patents you're violating. All your base are belong to us...
      Linus: I asked for the list when you made it five years ago. You wouldn't give it to me. How am I supposed to proceed?
      Judge: Here's the link to the USPTO Mr. Torvalds. Do your homework BEFORE writing your code.

      There, fixed that for you.

    20. Re:What gets me.. by Surt · · Score: 1

      The patent holder has no responsibility to defend the patent. That's trademarks.
      Patents are completely capriciously enforceable. If MS wanted to, they could pursue a suit against you and only you for the linux patent violations, and that would be perfectly legal. (assuming you're a linux user, and the patent claims are valid).

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    21. Re:What gets me.. by Anonymous Coward · · Score: 0

      Microsoft's refusal to indicate what patents are allegedly being violated does a LOT to mitigate the damages. Any intelligent judge would see this for the protection racket that it is and throw their case out of court, and most likely award significant damages against Microsoft in a counter suit over tortuous interference and illegal business practices. And if a democrat president gets elected in the next election, Microsoft is fucked, because they will not call off the anti-trust dogs t protect their buddy Gates, like Bush did.

    22. Re:What gets me.. by SanityInAnarchy · · Score: 1

      MSFT: I would like to draw the court's attention to what I am calling Exhibit $$$. I have here a large sack of money.
      Judge: Well, in that case...

      --
      Don't thank God, thank a doctor!
  8. Voting Machines? by binaryspiral · · Score: 2, Insightful

    I wish the same amount of pressure was behind the US Electronic Voting machine systems to open their code.

    Until then, what's the point of holding elections?

    1. Re:Voting Machines? by Anonymous Coward · · Score: 0

      Advertising dollars for the news stations?

    2. Re:Voting Machines? by chucklinart · · Score: 1

      Exactly. If the public doesn't have the right to know the exact methodology used to count votes and tabulate results, what rights do we have?

  9. MS does have no honor. by gweihir · · Score: 1

    Enough said. The world will be a better place when they are gone.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  10. Re:Pussy.... by gweihir · · Score: 3, Insightful

    This guy has no credibility whatsover. He goes out and blows out a big stink, doesn't get his advertising hits, and then blames it all on the mysterious and evil forces of dark capitalism in order to cover his ass.

    Seems to me you are a fully qualified cretin. MS shill?

    The site does not have any advertisements. He did get his hits.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  11. Re:Failure Point by Spazntwich · · Score: 0, Offtopic

    You get that too?

    Sure, we're all guilty of some occasional borderline trolling, but I genuinely fail to understand the motivation of someone who ceaselessly downmods and harasses random slashdot users they decide they don't like.

    Shit, I automatically +5 my foes'/freaks' comments.

  12. Re:Open Source Has Jumped The Shark by Dunbal · · Score: 2, Insightful

    It's the same with all the other open source shit. Kids with an itch to scratch and an ego to stroke just wank their keyboards in a pathetic attempt to save the world.

          How many web servers use linux "open source shit"?

    --
    Seven puppies were harmed during the making of this post.
  13. Freedom of speech... by gfxguy · · Score: 1

    [blockquote]They were professional and courteous and reassured they would not attempt to violate my freedom of speech. But the underlying message was clear even if it was never stated explicitly and I was not in a position to start bucking my place of employment over a political cause.[/blockquote]

    I sympathize with the guy, I really do, but in no way, shape, or form, was his freedom of speech violated, nor could they have violated even if they wanted to, even if they threatened (and followed through) with firing him. I'm getting a little sick and tired of people claiming to be the victim in what they consider "freedom of speech" issues. This is nothing of the kind.

    [blockquote]Twice, for a brief 10 minute period I used a work machine to upload some files i had on a USB key to the site via FTP. Hardly enough to draw attention in a computer network littered with thousands upon thousands of computers.[/blockquote]

    In other words, he used his employers computers to maintain his personal blog.

    He then later says "I'm not making any accusations..."

    Look, I agree with the guy, I sympathize with him, but even mentioning free speech issues and trying to brush off the fact that he used his company computers for maintaining his blog (I do it to!) is pretty annoying... that whole blog could have been 100% substance in two paragraphs.

    On the important subject, I completely agree... MS is singling out Linux in this case, and if they actually put up, they'll have to explain why they're not enforcing their patents elsewhere. I know it works with trademarks - if you don't enforce it, you're liable to lose it. I don't know how it works with patents (if you're allowed to selectively enforce them).

    --
    Stupid sexy Flanders.
    1. Re:Freedom of speech... by King_TJ · · Score: 1

      I don't see why you're so "up in arms" over his (IMHO quite valid) point about "freedom of speech"??

      Sure, they're not blocking him from speaking out in a strict sense, but he explains pretty clearly why they're making it highly impractical to continue.

      At the end of the day, are we content to define "free speech" as simply "You won't get thrown in prison or killed over saying this!", or do we want to strive for truly being able to speak out without harassment, loss of employment, or other repercussions?

      I think his bringing up the fact that he briefly ftp'd a few files from a USB key while at work was important to his story, too. I didn't find it "annoying" in the least. He's simply acknowledging that he can't 100% prove that the editor from Forbes "ratted him out" to his employer, but the *only* other alternative he can fathom is a pretty far-fetched scenario. (If he neglected to explain this - it would be all to easy for nay-sayers to make a false assumption that he was constantly working on his blog during business hours, and that was likely the *real* reason he got called in the office about the whole thing. I agree with him on this one. A grand total of 2 incidents of simple ftp of files off a USB key to a remote site is not even a "blip" on the radar of systems administrators of a medium to large-sized corporation. )

    2. Re:Freedom of speech... by Timesprout · · Score: 1

      It's pathetic. He admits he freely stopped the site himself, he admits he obtained little or no support, he admits he received little direct media contact regarding the issue and then tries to make out there was some nebulous conspiracy to silence him which he was unable to fight. Personally I felt he was extremely lucky not to have been fired for using his employers computers for uploading to the site during work hours.

      --
      Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
      What truth?
      There is no dupe
    3. Re:Freedom of speech... by Torvaun · · Score: 1

      Because it isn't actually valid. The government is the only group constrained by the Bill of Rights. You want some examples?
      1. You do not have freedom of speech in a theater. You have freedom of shutting the hell up. Theaters can remove you for talking, and they don't even have to give you a refund.
      2. You do not have the right to keep and bear arms in many businesses. Try exercising your 2nd Amendment in a bank sometime, see how that works out for you.
      3. Ok, this one is narrowly defined enough not to have a ready example.
      4-8. These are all covered separately under other laws. Like murder, kidnapping, and theft.
      9-10. Quite obviously and narrowly referring to the government.

      You can get fired for saying bad things about your boss, even if they're true. You can get fired for playing Solitaire on a company machine during your coffee or smoke break. If you're an hourly wage slave instead of a salaried one, and you happen to live in an at-will employment state, you can be fired for looking a little too long at the boss' wife when she stops by, or even for no reason at all. There is a strict set of things that you can't be fired for. Everything else is fair game, and freedom of speech doesn't enter into it.

      --
      I see your informative link, and raise you a pithy comment.
    4. Re:Freedom of speech... by Roger+W+Moore · · Score: 1

      I sympathize with the guy, I really do, but in no way, shape, or form, was his freedom of speech violated, nor could they have violated even if they wanted to, even if they threatened (and followed through) with firing him. I'm getting a little sick and tired of people claiming to be the victim in what they consider "freedom of speech" issues. This is nothing of the kind.

      Sorry, but are you really saying that you are happy with people being fired because of their reasonable and legal political beliefs? I can understand the case if they went after him for use of the office computers or if he were trying to pass himself off as representing the company but for expressing his personal views on a website where he makes no mention of his company at all?

      What i would like to know is why they did not look at the website first and then have specific complaints to ask him? What it sounded like was more of a gentle threat: shut up or we will fire you. How can you claim to have freedom of speech if a company can do that at will? It would be like claiming that China has freedom of speech as long as you don't mind being locked up if you criticize the government. True being fired is not as bad as going to prison but it is still a severe enough penalty that people will not risk it to express a reasonable political view....and hence you no longer have freedom of speech.

      While I agree with your point that freedom of speech does not mean that you are free to say anything without consequence. Expressing a reasonable, non-violent, legal political view point should be protected otherwise how can you ever have a free and meaningful political debate and without that how can you claim to have a democracy?

    5. Re:Freedom of speech... by pavera · · Score: 1

      As to selectively enforcing patents, yes you can. Look at NTP vs RIMM. They didn't sue everyone at once, they left Nokia and Palm to go implement wireless email while they fought with RIMM, now that they won against them, now they are going after the others.

      Also, the companies he mentions probably (read definitely) have patent cross license deals with MS. Sun does for sure (a result of the whole java settlement), and MS owns something like 15% of Apple, bailed them out in the 90s. I'm sure they both have cross license deals.

    6. Re:Freedom of speech... by smaddox · · Score: 1

      True being fired is not as bad as going to prison but[...] Unless you happen to be sharing a cell with Paris Hilton, that is ;-)
    7. Re:Freedom of speech... by Anonymous Coward · · Score: 0

      He wasn't being warned because he had a reasonable and legal political belief. He was being warned because he was potentially endangering his company's revenue and the jobs of his colleagues by speaking out against a company that his employers have a direct and profitable partnership with.

      Your freedom of speech is protected from governmental intervention, not from intervention from anybody else.

    8. Re:Freedom of speech... by gfxguy · · Score: 1

      Freedom of "speech", which has been expanded by the supreme court to include the more generic "Freedom of Expression", in no way, shape, or form, means "Freedom from repercussion."

      The employer ALSO has a right to freedom of expression, and if he chooses to fire someone to express his opinion, he's the boss.

      Really, it's a minor version of what Hollywood actors are complaining about - that studios don't want to put them in their movies after they've "exercised their free speech." The Dixie Chicks whined their freedom of speech was violated when stations stopped playing their songs, and venue owners canceled concerts... these people were merely expressing their freedom of speech, too.

      The bottom line is that facing repercussions is not infringement on freedom of speech.

      --
      Stupid sexy Flanders.
    9. Re:Freedom of speech... by Roger+W+Moore · · Score: 1

      Your freedom of speech is protected from governmental intervention, not from intervention from anybody else.

      In that case you do not have anything that I would recognise as freedom of speech.

    10. Re:Freedom of speech... by King_TJ · · Score: 1

      I'm not disagreeing that the *law* won't back this guy up in his situation. I'm just pointing out that he still has a valid (IMHO) complaint!

      In most states in the U.S., employment is strictly "at will". Either party can terminate the employment at any time. That doesn't mean it's always ethical to fire somebody.

      Your examples like the movie theater are irrelevant. Nobody has a *need* to attend a movie at a theater. They do so voluntarily, because it's entertainment. If you don't think you can cope with the majority's decision that the movie is best enjoyed in silence, then no big deal. You can stay at home, watching your movies on DVD or VHS and talking or even screaming through them, if you so desire.

      We do, however, have a need for gainful employment, because you can't legally obtain the basics necessary for survival without some kind of income.

      If your state has a concealed carry law and you have the proper permit, then you probably *can* carry your gun into a bank. The right to keep and bear arms, in any case, ensures that the guards working at said bank are legally allowed to carry their guns.

      My main point here is, we'd all be much better off if everybody considered the *ethics* behind the decisions they make, instead of only "what I can get away with under the current laws". With a little ethics applied to situations, we'd not have the huge mess with the RIAA that we've got today, for example.

    11. Re:Freedom of speech... by Torvaun · · Score: 1

      Need for gainful employment? Sure. But not that particular job.

      Suppose I work at Google, and I get fired for something. This does not preclude my ever having a job again. I can get hired by Microsoft or Intel or ATI or some place that isn't a tech company where I'd be working on their internal IT staff. In the meantime, I can collect unemployment. The flip side is that if a company gets a reputation of firing people for frivolous reasons, people will start to ignore them when they're searching for work, and they'll have to settle for the employees that can't get hired at the places they wanted to work.

      Here's another thing. Ethics are subjective. Some people find homosexuality to be morally bankrupt. Some don't. Death penalty. Abortion. Pick a controversial topic, and you will find that people on both sides of the debate hold the belief that they have the moral high ground. This is why we have laws for these things. If you would like to argue with the way a business treats its employees on an ethical basis, go ahead, but don't bother to mention laws that don't apply.

      Oh, and businesses can make their own rules about who is and isn't allowed to have firearms on the premises. The 2nd amendment allows a well-regulated militia (everyone that isn't underage/felon/non-citizen) to have guns. The bank can say no, even if it's concealed and you have a valid permit. Actually enforcing that rule is likely to be difficult, if you don't know the gun is there, but you can be charged with trespassing for not following the rules that you need to to be there.

      --
      I see your informative link, and raise you a pithy comment.
  14. Thanks for that by Satanboy · · Score: 5, Insightful

    Thank you for putting up an explanation on what happened.
    Thank you for trying to help the community.
    Thank you for putting your ass on the line and going as far as you could before you were silenced.

    I'm sorry you were put in such a position.
    Keep up the good work, and keep your chin up.

    It was brave to explain what happened, and it was the right choice you made.
    The open source community is important, but keeping a roof over your head should always be your top priority.

    1. Re:Thanks for that by mctk · · Score: 1

      You feeling alright Satan?

      --
      Paul Grosfield - the quicker picker upper.
    2. Re:Thanks for that by Vitriol+Angst · · Score: 1

      I'd like to also ad that you are an inspiration.

      ON top of that, I'd like to say that it really sucks, that people have to choose between staying employed, and speaking their mind.

      Monopoly power and fascism come to mind. And I think this trend is going to get worse before it gets better. Companies should be more afraid of these tactics -- and if enough of us call their bluff, maybe they will. After all, there are more of us, than there is of them.

      --
      >>"ad space available -- low rates!!!"
  15. But it has to be FUD by Bellum+Aeternus · · Score: 3, Interesting

    If we knew what the patents were it wouldn't be FUD, it'd just be something to work around. Fear is power, remember that.

    --
    - I voted for Nintendo and against Bush
  16. Re:Open Source Has Jumped The Shark by Anonymous Coward · · Score: 3, Funny

    Here's a challenge for all Americans.

    Compose a paragraph, consisting of two or more sentences which does not contain an obscure (or any) television reference, or a "catch phrase" of any sort.

  17. Re:Open Source Has Jumped The Shark by Anonymous Coward · · Score: 0

    Captcha: populate. Is it saying the answer is "not enough"?

  18. Please mod informative by Enderandrew · · Score: 1

    Thanks for the link!

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
  19. Re:Pussy.... by Harmonious+Botch · · Score: 2, Insightful

    Were I to rewrite parent in a less flamebaitish manner, I would say that it is difficult to feel sorry for a guy who 1) Works for a company that is a direct partner with MS 2) Publicly criticises MS, and 3) Is surprised when his employer is unhappy with his actions.
    Now his employer's behavior may not be fair or right or legal, but it most certainly can be expected.
    It is particularly disappointing because I, like the majority on this forum, agree with his goals. I'd like to take him seriously and support him, but it is difficult to do so when he seems completely clueless about how people are going to respond.

  20. Dan Lyons by Jah-Wren+Ryel · · Score: 5, Interesting

    After a scheduled interview with Forbes columnist Dan Lyons didn't happen, That's probably the best endorsement Show Me the Code could get - if Dan Lyons - notorious anti-Free Software disinformation specialist - can't figure out a way to spin the situation to make MS look good and Linux developers look like a bunch of hippie commies criminals, then no one can.
    --
    When information is power, privacy is freedom.
    1. Re:Dan Lyons by slughead · · Score: 1

      Dan Lyons - notorious anti-Free Software disinformation specialist


      I would not say that's a fair description. His most famous article is the prescient 1999 Red Hat article in which he states that Red Hat is a great business venture and M$ is on the slow, declining power curve.

      Forbes is a great magazine and usually tends to think outside the box about things. That's not always good, but in this case, it certainly was. 1999 was not the smartest year to call M$ a loser.
    2. Re:Dan Lyons by Vintermann · · Score: 1

      You know what they say about blind hens. At the very least, Lyons lets his sense of narrative drama get ahead of accurate reporting.

      --
      xkcd is not in the sudoers file. This incident will be reported.
  21. DUDE stick with it by gekoscan · · Score: 0

    Seriously, jobs come along day after day... it's just a place to go and code or do whatever...
    Stick with what you started, you did something cause you believed in it.

    If your company can't do the research to figure out that you have done this with professionalism and heart than I just
    wouldn't work there. It's not like you did it on works time... I really don't get what their issue is.

    As if.. It's not like it hurts your resume..

    1. Re:DUDE stick with it by Anonymous Coward · · Score: 0

      Seriously, jobs come along day after day... it's just a place to go and code or do whatever...

      Are you for real? Jobs come along day after day? You live with your mother, flip burgers during the day and do "web development" at night, or something? Jesus. Get a grip.

  22. Where is his employer mentioned? by RoadWarriorX · · Score: 3, Interesting

    I have a hard time finding any references to this guy's employer anywhere in his blog. So, what asshat translated the mere existence of this blog into "representing the company"? With respect to his need to pay the bills and all, maybe he should have stood up for himself.

    1. Re:Where is his employer mentioned? by statemachine · · Score: 1

      I have a hard time finding any references to this guy's employer anywhere in his blog.

      I didn't. With one command I found out his name, e-mail address, street address, and phone number. I don't know what contact info he had listed before, but if he used his company's street address, phone number, or e-mail address, I could see a potential for a problem.

    2. Re:Where is his employer mentioned? by ultranova · · Score: 1

      With respect to his need to pay the bills and all, maybe he should have stood up for himself.

      Standing up makes you easier to hit. Laying in dirt is safer.

      --

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

    3. Re:Where is his employer mentioned? by RoadWarriorX · · Score: 1

      So? I think that is irrelevant, IMO. The employer said that he misrepresented the company in the blog. There is no direct evidence of that at all. So, how can his assert such a ridiculous claim? Because he is employed by a buyer of Microsoft products and someone is crying to the boss worried that Microsoft may retaliate? Oh, please. I am the customer and user of your products, they should bow down to us. Not the other way around. :-)

  23. Who snitched by wrook · · Score: 3, Interesting

    TFA makes reference to the possibility that a certain author may have tipped off his company that he was hosting an "anti-Microsoft" website. I think this is unlikely. As he mentions himself, his website garnered a lot of attention not least of all on Slashdot. I think it is much more likely that Microsoft themselves contacted his employer. They must have known what was going on and this would be a relatively simple way to shut down the site. As his employer was a Microsoft partner, the result was predictable.

    Which leads me to some advice. Aligning your profession with personal ideals is generally a good idea. But if you are planning on being any kind of activist at all, it's imperative. You can pretend all you want that it shouldn't matter what you do in your spare time. But when push comes to shove, your livelihood is a powerful piece of leverage in a political spat.

    After 20 years in the proprietary software industry I'm finally waking up and smelling the coffee. As of Friday I'm retiring and going to work on something unrelated to computers. This will leave me unfettered to do the things I believe in in my spare time. It's funny, I've always valued freedom, but I've spent the majority of my career voluntarily chained to something I fundamentally disagree with. Life is strange...

    1. Re:Who snitched by Frosty+Piss · · Score: 1

      TFA makes reference to the possibility that a certain author may have tipped off his company that he was hosting an "anti-Microsoft" website. I think this is unlikely. As he mentions himself, his website garnered a lot of attention not least of all on Slashdot. I think it is much more likely that Microsoft themselves contacted his employer. They must have known what was going on and this would be a relatively simple way to shut down the site. As his employer was a Microsoft partner, the result was predictable.

      Another possibility is that they did detect his FTP use. It's well known that "Fortune Whatever" companies are paranoid about "industrial espionage. It's very possible that they are set up to automatically check outgoing FTP against a list of authorized targets, and they check up on those that don't match the list. It's a valid question to wonder who in you company and why are FTPing outside the walls...

      --
      If you want news from today, you have to come back tomorrow.
    2. Re:Who snitched by NickFortune · · Score: 1

      Another possibility is that they did detect his FTP use. It's well known that "Fortune Whatever" companies are paranoid about "industrial espionage. It's very possible that they are set up to automatically check outgoing FTP against a list of authorized targets, and they check up on those that don't match the list.

      So it's purely co-incidence that they day after DigDuality gives Dan Lyons his contact details, a routine log trawl at his employers highlights 2 ten second uploads to a blogspot IP hosting a site blog they clearly had not looked at, but which they nevertheless felt secure in mis-characterising as a political site which abused the company name?

      I suppose it might be possible. It just doesn't strike me as likely.
      --
      Don't let THEM immanentize the Eschaton!
  24. And what about the FSF's FUD machine? by Anonymous Coward · · Score: 1, Insightful

    The FSF has been roundly implying that the iPhone might contain GPLed software, and might violate the GPLv3.

    Are they going to be held accountable for their coy accusations? Or are the FSF to be allowed to shamelessly impugn the underpinnings of other peoples' popular new products, for the sake of free publicity, without being told to "put up or shut up"?

  25. Re:Failure Point by A+beautiful+mind · · Score: 3, Insightful

    The loss of free speech is not acceptable just because he took a break and used his work computer to upload something to the internet. There has to be a balance and if lawyers can weasel out of denying free speech based on a one time use of a computer for 20 minutes, then the system is utterly broken and should be bulldozed over.

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  26. This Behavior is Dirt-Common by Anonymous Coward · · Score: 5, Interesting

    I work for a Microsoft partner, and I own and use a Macbook Pro - at work. I bought it because the company refused to replace my (very under-spec) company laptop when it died, and I wanted to run Unix, OS X, and Windows on the same machine at the same time. (Think universal debugging - I can use any browser on any platform simultaneously.) I took the machine to the IT head to have him clear it into the office, and he they expressed some concern over the non-removable camera, he and his manager came to the conclusion that it and I presented a very low leak risk. (I have worked for the company for almost a decade.)
    The next day I was called into a surprise meeting with the CIO and the head of sales, and I was told to bring the Mac with me. We had a discussion revolving around my "unfortunate" choice of vendor. Someone had mentioned the machine to someone who told someone and so on until somehow our contact at Microsoft was involved. By the time it got to MS they were told the company had bought the machine for me, and several other employees, and wanted to buy an unspecified "apple server". Understandably he was concerned. He called our sales head and asked that the "situation" be "taken care of".

    We determined that nothing of the sort had happened, that I had paid for the machine with my own money, that I was taking it with me at such time that my employment ended. All well and good. Then a few more conditions on my use of the machine came up:

    1) I am to call it a laptop or PC. I cannot use the words "Apple", "Mac", or "Macintosh", not even with other employees.
    2) When entering or leaving the building, or where customers might see it, I am to hold the logo side of the case against me so the logo cannot be seen.
    3) If our area is being exhibited to customers/press or pictures are being taken, the computer is not allowed on the premises.
    4) When on company property I must be running Windows. I cannot boot OS X unless absolutely necessary. (A fullscreen Parallels session, however, was deemed acceptable.) The OS X interface cannot be displayed.
    5) When I leave the company, I have to submit the entire computer to a third-party security consultant who will check the machine to ensure I am not leaving with any company intellectual property. I must reimburse the company for the costs involved in this.

    The company was TERRIFIED that Microsoft might somehow take some offense to ONE EMPLOYEE out of hundreds having a competing product, and was scared to the extent of considering disciplinary action against a senior employee.

    THAT is power, kids.

    1. Re:This Behavior is Dirt-Common by Frosty+Piss · · Score: 1

      Interesting. Even Microsoft owns racks of Apple boxes for "testing" and such....

      --
      If you want news from today, you have to come back tomorrow.
    2. Re:This Behavior is Dirt-Common by Anonymous Coward · · Score: 0

      Microsoft didn't come up with these rules - the company did because they're scared of what Microsoft might do if they DID get offended somehow. Microsoft training accounts for well over 90% of our business. Losing our partner status would seriously cripple our ability to do business competitively, if not put us out of business directly. They're terrified of that possibility.

    3. Re:This Behavior is Dirt-Common by Frosty+Piss · · Score: 1

      You could have thrown it back at your employer "If you had bought me an adequate laptop, I wouldn't have needed this Apple..."

      --
      If you want news from today, you have to come back tomorrow.
    4. Re:This Behavior is Dirt-Common by Anonymous Coward · · Score: 1, Insightful

      Partners work with each other, not scare each other half to death. Your senior management is OK with this 'partnership'? Sounds like they're in over their heads.

    5. Re:This Behavior is Dirt-Common by Grail · · Score: 4, Insightful

      5) When I leave the company, I have to submit the entire computer to a third-party security consultant who will check the machine to ensure I am not leaving with any company intellectual property. I must reimburse the company for the costs involved in this.

      ROFLMAO!

      Do they ask you to submit the computer to a third party security consultant every day you leave the office? Or just that last time when you've already sanitised the machine by loading Mac OS X onto it fresh? And conveniently hidden your 2GB thumb drive with the Death Star plans in the crevice of some robot's carapace?

      You will, of course, be taking steps to blatantly and flagrantly violate these stupid rules, won't you? If it was a company laptop they wouldn't have all these nasty Microsoft bogeymen terrifying them in their sleep...

    6. Re:This Behavior is Dirt-Common by PietjeJantje · · Score: 1

      Yeah, but by snitching on little guys and pushing their managers, Bill earns a lot of money, which he then spends partly on charity, so everything is OK. What a great guy!

    7. Re:This Behavior is Dirt-Common by Anonymous Coward · · Score: 0

      I think you are stretching things a bit. I worked at MSFT for 9 years and there are plenty of folks that get apple laptops if they want them. Mostly ID and UX folks, but anyone could order one if they wanted to. It wasn't a standard issue, but there was always a way to get whatever laptop you wanted. I had a japanese laptop for a year (panasonic) because I liked the size. The company really didn't care at all.

    8. Re:This Behavior is Dirt-Common by Power_Pentode · · Score: 1

      caveat: I'm basing this reply on my knowledge of current common laptop hard drive prices. I have no idea what drives cost for Macbooks. When you terminate your employment, remove your hard drive and give it to the company. Tell them to shred it or recycle it or whatever they want. It's got to be less expensive than paying for a security consultant, yes?

    9. Re:This Behavior is Dirt-Common by Anonymous Coward · · Score: 2, Insightful

      I have an extremely hard time believing this story.

      I've worked for various companies as a Microsoft Partner for over 10 years, and this just doesn't ring true. I think many MS haters like to believe this type of fiction. Every MS Partner company I've been a part of or even visited has had Macs. Hell, I've been to various Microsoft facilities in the US, including the Redmond campus, and outside of the US and seen Macs. Microsoft doesn't care about unimportant things like this, they realize that MS Partners absolutely have to support multiple platforms, and that certain user communities like designers, multimedia, and audio production, are dominated by Mac users.

      IF this is true, I believe it is much more likely that he ruffled some feathers at his company by:

      1) purchasing his own laptop and expecting to use it for company purposes
      2) going against his companies approved hardware policy
      3) showing up one day with said computer and using it without prior permission

      Many companies are very tight with their hardware/software policies. Approved platforms help limit IT support issues, reduce required spare parts, increase buying power with vendors, and help with software license compliance.

      Words of advice: next time you want to outcool your fellow employees by getting a new laptop for work, get your boss to approve it first. Oh, and don't blame Microsoft when you don't know how to handle office politics.

    10. Re:This Behavior is Dirt-Common by Simon+Garlick · · Score: 2, Insightful

      There's no way in hell any employer could make me use my own computer to do work on. No way.

      I can't believe this situation even arose.

    11. Re:This Behavior is Dirt-Common by Fujisawa+Sensei · · Score: 1

      When I leave the company, ... I must reimburse the company for the costs involved in this.

      Considering what the rest of the conditions are, they're going to fuck you over; unless the cost is negotiated ahead of time don't be surprised if costs you 5 to 20K for this, and the system is hosed when you get it back.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    12. Re:This Behavior is Dirt-Common by noidentity · · Score: 1

      Fucking wow. Just wow.

  27. "Show Us Your Code!!" by jomama717 · · Score: 5, Funny

    Slashdotters on Mardi Gras?

    --
    while [ 1 ]; do echo -n -e "\xe2\x95\xb$((($RANDOM&1)+1))"; done
  28. Re:Failure Point by Spazntwich · · Score: 0, Offtopic

    IMHO, Slashdot badly needs a way to metamod overrated, redundant, and other such downmods.

    That and the mods need to learn the actual meaning of the word troll. But... I'll take babysteps.

  29. Re:Failure Point by gujo-odori · · Score: 5, Insightful

    You must be a student.

    No, you might not have been in a position to start 'bucking your employment over a political cause' but it sure sounds like you were a victim of political oppression

    I'm as anti-Microsoft as anybody (well, as most people). However, being anti-Microsoft is not a political affiliation. For some, it's personal. For some, it's business. For some, it's religious. For some, it's >= 2 of those. Some people are so pro-Microsoft they bleed blue when they cut themselves. But no matter where you fall on that spectrum, Microsoft is not a political party. It's a company. A big, anti-competitive company with a big patent portfolio, but a company nonetheless (the market leader with a big patent portfolio is always anti-competitive, though; some people here are doubtless familiar with the refrain "I BM, You BM, we all BM for IBM" and the word to the wise that "Nobody ever got fired for buying IBM." When IBM was the undisputed heavyweight champion of the computer business, they were at least as anti-competitive as Microsoft, and they invented FUD).

    Now, if he were put under pressure for being a Republican, Democrat, Green, Libertarian, Communist, Nazi, or whatever, that would be political, and he might have a case (IANAL). However, the situation was that his employer was a direct partner of Microsoft and they felt that his running an anti-MS site cast them in a bad light with Microsoft. Did MS put pressure on them, that his site was problematic and it could have financial repercussions if he kept at it? We'll never know, but I'd be very surprised if they didn't. Does that suck? Yes. Is it fair? Maybe. Maybe not. If we look at things from management's point of view, they have a fiduciary duty to their shareholders to make money, and are answerable to the board if they fail. If an employee's anti-MS site is going to make them fail to make money, or at least as much money, they are going to request that he make a choice between running the site or working there. They pretty much have to.

    Now, I could probably run an anti-MS site and even if my employer were to become aware of it, I doubt that would be a problem. However, you never know how a site might snowball out of control and become a lightning rod, or where you might want to work in the future where it might be an issue. I have a family to support, and my obligation to my wife and kids outweighs any obligation that I may or may not have (just for the record, I have none), to publicly oppose Microsoft. But, I do other things. I have a Mac. I have an iPod, not a Zune. I run Linux and FreeBSD on several machines. My kids' computers are Linux boxes. I work for a Microsoft competitor. I subscribe to a couple of Linux magazines. If people ask me for computer advice, I steer them toward Mac or Linux, whichever I think might be best for them. And not just to be anti-MS, but because I consider the Mac platform to be better than Windows at pretty much everything, and the better Linux distros to be better than Windows at most things (and gaining ground all the time; it took about five years to grind out Vista; if they take five years to grind out the successor to Vista, will anyone still want it? Apple on one side and Linux on the other will eat their desktop lunch in those five years.

    So, I think you should cut the showusthecode.com guy some slack. You're not walking in his shoes and don't have his obligations. Or if you do have his obligations and would put hatred of Microsoft ahead of your family, I think now would be a good time to reassess your priorities. He did what he could, which was to call attention to the issue, and later he voted with his feet and left that employer. If he's still not in a position to run that site and others have to pick up the torch now, I have nothing to criticize him for. He's done more than me, and I'd be very, very surprised if he hasn't done more than you. You sound like you're nothing but a mouth, without even the guts to post logged in.

  30. Re:Open Source Has Jumped The Shark by wellingj · · Score: 1

    How about you come up with a sentence that says something good about America.
    North or South. Or did you mean the United States of America?

  31. Re:Failure Point by toadlife · · Score: 1

    I was exposed to that too, recently. Judging from the pattern of downmods, i.e. always 5 points spread on my 5 recent posts, regardless of topic and all mods occuring in bursts within some minutes from each other, I assume that is someone spending all his mod points at once on his favourite foe, who happens to be my humble persona. You must be doing something right. :)
    --
    I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
  32. Re:Failure Point by mgiuca · · Score: 5, Insightful

    I think it becomes political when said company has enough power to influence governments, laws, international markets, and the majority of the developed world's population.

  33. Should have known about Dan Lyons. by whoever57 · · Score: 2, Funny

    Perhaps you should have googled "dan lyons linux" before replying to him?

    --
    The real "Libtards" are the Libertarians!
  34. T-Shirts? by mgiuca · · Score: 2, Insightful

    You must be having some effect. I saw on the Australian satirical show The Chaser's War on Everything, they went around making fun of people's "joke T-shirts".

    One fellow they interviewed had a shirt which read, "Talk is cheap. Show me the code."

    They didn't get it. :p

  35. Re:Pussy.... by jgrahn · · Score: 1

    It is particularly disappointing because I, like the majority on this forum, agree with his goals. I'd like to take him seriously and support him, but it is difficult to do so when he seems completely clueless about how people are going to respond.

    You cannot take him seriously because he misjudged something completely unrelated to the thing you actually want to support him for? Why? It's not as if he asks you to accept him as your Personal Company Politics Savior.

  36. Re:Pussy.... by Anonymous Coward · · Score: 0

    Jesus. Get a clue.

  37. Re:No surprise it didn't go anywhere by Anonymous Coward · · Score: 0

    I noticed a few minor grammatical errors in his blog, but... I've seen 12 year olds with better grammar. It's no surprise to me that he couldn't get any sponsors, he's incapable of forming a proper sentence. His mom probably told him to stop generating so much attention or she's stop driving him to his job flipping burgers at the local BK. Hahaha. What?

  38. What I don't get is by Moe1975 · · Score: 0, Troll

    how the fellow:

    - used his employer's equipment for his personal project
    - did not stand up to them when confronted with utter BS
    - ended up working elsewhere anyway

    Should have thought about whether or not he did indeed have the guts for it beforehand . . . that kind of reaction from the suits was to be ANTICIPATED.

    --
    SARAVA!
  39. The MS Patent Claim is Crap by tjstork · · Score: 0

    Here's why MS won't say which patent it is. We as Joe Shmoes have no money, but there are plenty of people that are plenty pissed off at MS that do, and for them, a long patent lawsuit would be a nice hobby.

    So, let's Microsoft publicizes their 200 patents. A well heeled enemy finds that Microsoft's claim is weak on just ONE of them, and puts up some dope (aka, one of us), to challenge that claim. A feature is added to Linux, the dope (aka, one of us), puts up our web site, calling Microsoft on and saying the claim is BS, and then saying, jeez, this is your "strongest" patent (a lie), but one that basically tells Wall Street that Microsoft's patent portfolio is questionable, and so is the company. Therefor, Microsoft must sue.

    The case goes on to trial, at which point, the future of Microsoft hangs in the balance of the sentiments of a judge. Now, under normal circumstances, Microsoft being a business, one would expect that they would get a fairer hearing in a court system packed with plenty of Reagan / Bush ^ 2 appointees. But, there's a lot of reasons that this doesn't happen.

    1. Culture : Microsoft has a corporate culture of overriding arrogance, not the sort of downright evil midwestern or southern old boys network sensibilities of the GOP. In short, Microsoft is a monopoly that buys all of Al Gore's books, its just a total aberration and the people are just plain goofy, a culture clash with the right is inevitable, even if the commercial interests are the same.

    2. It's More Profitable to Destroy Microsoft. Microsoft has won. They've saturated the market and are like a utility - no growth. Why not smash that company, and in the wake of one falling mighty empire, there's plenty of room for growth in rising competitors. I can't make much money off of MS stock, but I can make plenty of money out of rising profits in 5 or 6 nimble competitors arising out of the wreckage. You could quitely unload your MS stock, put it into say a few smaller players like, um, Novell or Red Hat, and make a mountain of money.

    In short, Microsoft really is in a situation where, yes, they have everything to lose, and nothing to gain. And really, exactly which MS customer will remain an MS customer once Microsoft sues them for using a patent infringing product? Every data center on the planet will be switching to Linux as they retire old systems.

    --
    This is my sig.
  40. Of course by ClosedSource · · Score: 2, Insightful

    "Right I forgot for a second, it's about MONEY - no one CARES about the patent really - it's just a means to an end, right?"

    Patents have always been about money. What did you think they were for - bragging rights?

    1. Re:Of course by Dunbal · · Score: 1

      Patents restrict the rights of others, and guarantee the "author"'s rights. The idea was that this lets the author make a lot money by manufacturing his product. So yes and no. Patents aren't strictly money (otherwise the government would simply hand the author a fat cash subsidy for his invention). The author still has the job of actually trying to earn money from his invention.

      But now enter the Jackpot Justice legal system. Why should I go through all the bother (and risk!) of trying to manufacture something and bring it to market, when I can simply sit on the patent and sue the first poor bastard who actually makes money from a similar idea, and earn millions?

      Why do you think health care is so expensive in the US? Do you REALLY think your doctor wants to charge as much as he does? He charges what he does because he has to pay anywhere between $20,000 and $60,000 a YEAR just in malpractice insurance. Why? Because there's a LINE of people dying to get a chance at a million dollar malpractice suit, and the idiot judges award millions of dollars constantly because after all, it's not like it's their money anyway. So insurance is expensive. A $0.01 piece of plastic is $2 because it's "medical equiment" and the manufacturer of that equipment has to cover himself. Etc.

            This is what happens when you give money away. People get greedy. The situation with patents is no different. Companies are salivating at the idea of owning submarine patents and nailing others with them. It has all been distorted out of proportion. Frankly I don't expect the situation to get any better, either. Human greed is limitless.

      --
      Seven puppies were harmed during the making of this post.
  41. 1489 "brave" souls have challenged MSFT publicly by christian.einfeldt · · Score: 2, Informative
    I can understand the concern for keeping one's job. But there are 1,489 people who have publicly challenged Microsoft to sue them based on Microsoft's questionable Microsoft patent claims:

    http://digitaltippingpoint.com/wiki/index.php?titl e=SMFM_list_page_12

    Included on that list is none other than Eric S. Raymond, who has this to say:

    130. Eric S. Raymond. Yes, Microsoft, the guy who's been harshing your mellow since I wrote The Cathedral and the Bazaar in 1997. Linux user since 1993, so I've been violating your nonexistent patents for fourteen years. Sue me first. Please, oh please! Because I don't think I've kicked your sorry asses enough yet, and I'd love another round with you chumps.
    And this from someone who is supplying the Aussie Defence Forces with "patent infringing" software:

    Steve O'Connor (Adelaide, Australia) BAD ME - I am using a pirated copy of Gentoo Linux that I illegally downloaded off the internet, and have installed on a whole rack of servers that I use to make money by providing information services to the Australian Defence Forces. I skipped out on paying any licence fees by doing it this way, and I have (illegal ?) access to all the source code, so I can hack my application around however I see fit. I have also ripped off a copy of PCLinuxOS from the internet (Which is like a HaXoRed version of Vista), without giving out my credit card, and used that same single copy to install on dozens of other computers. The recipients of these PCLinuxOS machines are way happy too ...
  42. Re: De Minimis Fringe Benefits being ignored? by TaoPhoenix · · Score: 2, Insightful

    This might be a good thing to ask Mr. Beckerman if he's around.

    In my one business law class, I seem to recall a series of cases describing something called a "De Minimis Fringe", whereupon an exployee uses a company resource, but the pure cost of that usage is so small that it results in laughable fianncial effect.
    "Ten Minutes of time plus whatever CPU power plus electricity" is right in that category. (Some of the original cases dealt with machines like copiers & faxes.)

    Everyone take a crisp look at your working lives. De Minimis Fringe effects exist because people DO have lives, and corporate management carried to absurdity eventually crosses the line of oppression. So we know that this guy DIDN'T get slammed for the "costs" of his minimal use; he got slammed because of the semi-fallacies of employmer endorsement blown to political extremes.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  43. Put your money where your mouth is... by Anonymous Coward · · Score: 0

    ...otherwise you're just a hypocrite!

    The 'nineties' software business model is claimed to be outdated and the next thing you know this guy folds because he has to pay the bills. Loser!

    1. Re:Put your money where your mouth is... by andr0meda · · Score: 2, Interesting

      ...otherwise you're just a hypocrite!

      The 'nineties' software business model is claimed to be outdated and the next thing you know this guy folds because he has to pay the bills. Loser!


      Instead of bashing someone with a great idea but short on resources (planning, execution, time, luck,.. ) is there no one here who wants to stick out his neck and continue the bet?

      I mean come on! Here's a brilliant opportunity and what do you all do? You dump on the guy that brings it along.

      Come on kids, let's throw in some weight here..

      --
      With great power comes great electricity bills.
  44. Re:bragging rights by totally+bogus+dude · · Score: 1

    My patent's bigger than yours.

  45. Don't violate the rules. by Ihlosi · · Score: 1
    You will, of course, be taking steps to blatantly and flagrantly violate these stupid rules, won't you?



    No no no. Rules are rules (except for the last one, which is really stupid and can only be considered a financial punishment for the employee).


    However, there's certainly no rule about bringing some fresh fruit to work, and mentioning it when talking to coworkers, and how beneficial they are for your health, and ...

  46. Land of the free by clickclickdrone · · Score: 1

    Ah, this will be another example of America, land of freedom etc. The only difference between this and say China is that it's the corporates that force you to keep your mouth shut, not the government.

    --
    I want a list of atrocities done in your name - Recoil
    1. Re:Land of the free by tom's+a-cold · · Score: 1

      The only difference between this and say China is that it's the corporates that force you to keep your mouth shut, not the government.
      Yeah, we privatize our totalitarianism here. If you buy the Friedmanite dogma, that should be much more efficient than relying on the state to do it.

      --
      Get your teeth into a small slice: the cake of liberty
  47. MODS. by TapeCutter · · Score: 1, Redundant

    Fucking obvious maybe, but redundant?

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    1. Re:MODS. by Anonymous Coward · · Score: 0

      If something is "fucking obvious" and has been said before repeatedly...... wouldn't that be redundant?

      Personally I'm more annoyed with mods marking an unmoderated comment as "overrated," it should be enough reason to permanently revoke all mod privileges.

    2. Re:MODS. by TapeCutter · · Score: 1

      Perhaps TFA was redundant but the GP's first post was not.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  48. The GP post point was by Anonymous Coward · · Score: 0

    that it isn't about protecting their patent from abuse or misuse (which is why they have nothing to lose telling the OSS comunity what they are) but about protecting their patent from being unable to be use to smear the competition (where they have nothing to lose by NOT telling the OSS comunity what they are).

    The "MONEY" bit isn't about the money they would get from licensing their patents to the OSS crown (what you took it to be from context) it is about the MONEY they get from smearing their competition and stopping customers from buying from them and not MS.

    In fact, if all you have are bogus patents, that is ALL the money you can get from them: threat of litigation extracting money. If it ever gets to litigation, the patent is proven worthless and both parties have lost money and the instigator has lost the patent too. So you will only see real litigation when the protagonist believes their patent worth enough to spend money litigating for it.

  49. Tell them to stuff it by Anonymous Coward · · Score: 0

    or get you another laptop/PC that they are OK with.

    Point out to them that if you need three because you need to debug Unix/Windows/Mac products then that will be a cost to them they must bear in both hardware, space and inefficiency. Make sure to point out that working on ONE box is more effective than running on three separate systems so that they should expect a reduction in your productivity and you should not be dinged because you'd bypassed rules to increase the corporate bottom line (at your expense!).

    When they get a consultant to look at your machine, ask to see their credentials so you can check up that they are safe to use (some of that data on your machine is yours) and require that you are there when they investigate your machine for work products. After all, you don't know if the company will commit industrial espionage against you, do you?

    Treat your employer the same way they treat you. If they see you as a resource, see them as a source of cash. If they see you as a danger to their information, see them as a danger to your career. If they see you as a valuable asset, see them as a valuable employer.

  50. I'm also with a Microsoft Partner by Anonymous Coward · · Score: 1, Interesting

    We're even used as a case study on their web site described as a all microsoft platform solution. Funny thing, though - the only way any of our customers ever deployed our product could be considered "all microsoft" is if you overlook the fact the microsoft front ends are backed with linux servers running a non-microsoft database. Suggestions that they might want to correct that were not treated kindly.

  51. Absence of evidence IS evidence of absence. by Kim0 · · Score: 1

    So when M$ do not show examples of patented Linux code,
    this means that it is less likely that there is such code.
    It also means that if there is patented code, there is likely less of it.

    Here is a proof that absence of evidence is evidence of absence:
    http://oyhus.no/AbsenceOfEvidence.html

    Kim0

  52. Re:Failure Point by dreamchaser · · Score: 1

    You do not have free speech in your workplace. The First Amendment applies to Government restricting speech, not your employer. His mistake was using work machines to update his blog. I wouldn't fire someone for that, but I would have a talk with them about using company resources for personal political activities.

    Keep work at work and everything else out of work.

  53. ffs by biscon · · Score: 1

    you gotta be fucking kidding me? seriously?

  54. I just don't get it by ThiagoHP · · Score: 1

    Let's suppose Linux really infringes Microsoft patents. I'm not a Linux vendor, I'm just an user. Why would I be held liable for patent infrigement for something I have not made? It's just like Ford infringing some Toyota patent and then Toyota sues me for owning a Ford car. That's insane.

    1. Re:I just don't get it by theCoder · · Score: 1

      Insane, but it's how patent law works (at least as I understand it in my IANAL way). Patents allow the patent holder to prevent others from creating, distributing, or even using the invention described in the patent. A patent license is a formal agreement that allows the licensee to use the patented invention. So yes, even as a Linux user, you (and I) could be named in a patent infringement suit. However that seems pretty unlikely to ever happen. It's not really worth it financially to go after individual users. I don't know what the financial harm of a single user infringing on a patent would be, but it's probably less than the cost of the lawyers to go after that user.

      --
      "Save the whales, feed the hungry, free the mallocs" -- author unknown
    2. Re:I just don't get it by ThiagoHP · · Score: 1

      Conclusion: the patent law (at least the american one) is insane. Even the slightest possibility of being sued for buying some legal product is scary, specially in countries that hava software patents. The american patent system really needs some very serious debugging (that could be extended to the political system too with great benefits).

    3. Re:I just don't get it by Surt · · Score: 1

      Suppose ford knowingly violated that patent, seeking to screw over toyota (or to make this ethics lesson more palatable, small time inventor Mr. Brown). You buy a ford to enjoy abusing mr. brown. Now you've done business with a patent violator. It's a bit like receiving stolen goods, in fact, if you think about it, it's pretty much exactly like receiving stolen goods. You're busted for not doing due diligence about who you're doing business with. If Ford can't be trusted not to steal patents, you should have insisted on a legal defense clause in your contract when you bought a car from them.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  55. Honestly, this is an opportunity for Linux... by 3seas · · Score: 1

    ....to use it as a promotion of Linux.... That MS is not providing the evidence of their claim.

    And it should be put in something like the NY Times...

    So... what does that take? Money.

    We just need someone or party of reputation to take it on.

    1. Re:Honestly, this is an opportunity for Linux... by Anonymous Coward · · Score: 0

      a full page add in the new york times would be dynamite, but as you said it's a question of money. If someone with deep pockets were to get involved(and linux enthusiasts with deep pockets willing to shell out are close to nonexistant) then this could be egg all over Microsoft's face. On one hand a lot of potential buyers are going to see the Ad and wonder whats going on, anyone who knows anything about it and is hovering over a microsoft/linux decision will have new things to think about, and Microsoft is going to look like a chump. potentially bad for Microsoft if investors loose their nerve.

      Eh, I'm certainly not in a position to spend the thousands of dollars it would take, but a man can dream!

  56. There's nothing to "get" - it's the law. by Ihlosi · · Score: 1
    Why would I be held liable for patent infrigement for something I have not made?



    Because patent law says so.

  57. Re:Failure Point by Anonymous Coward · · Score: 0

    Huh, it's funny, I thought this was a site defending open source from an attack by Microsoft.

    You, however, paint it as though this man was declaring war on Microsoft.

    I wonder which one of us is more correct? The way you explain sure does make Microsoft look like the victim of an attack by this crazy rogue worker.

    But didn't they openly claim that open source was violating many patents? Where's the 'anti-Microsoft' attack or even attitude when you request that they show you the code that open source violated?

  58. Re:bragging rights by LordPhantom · · Score: 1

    My patent's bigger than yours.

    Yes, but it's how you use it that matters.

  59. Re:Failure Point by Anonymous Coward · · Score: 0

    No, because the world doesn't revolve around you.
    And yeah, it IS a crackpot conspiracy theory - if you can't see that then you're too deep in your own little world and your persecution complex.

  60. Work is slippery by anomaly · · Score: 1

    I recently had a similar, if lower profile, experience with my employer. Essentially Fortune 1000 companies are scared that something someone says might come across as upsetting to business relationships. As a result, they tend to be overly cautious in their response.

    In my case, the corporate communications department was "concerned" that someone might interpret a future action to be offensive. Since the up side to my activities would benefit the department I work for, and the potential down side might negatively impact the corporate image and relationships, it was their opinion that I should cease and desist these activities.

    Let me be clear. In my case I was using my work persona, and the project was clearly work related. I used my work email address, and mentioned my employer (in the disclaimer saying that I was representing myself and not my employer.) I had violated no company policies, and nothing that I had said or done actually crossed any lines. It was deemed to be risky, and I was directed to stop.

    It troubled me that none of the parties in my situation had actually reviewed the content at all before declaring that the activities needed to stop. They also could not identify a policy which would have prohibited me from taking the action I took. It is what it is. Their stance is that anything in writing (like a blog) is potentially more damaging because it can be forwarded, easily taken out of context, etc. We all walk a fine line, and if we're identified as an agent of the corporation, we need to follow their rules.

    I think that the use of the computer and internet connection for a few minutes of upload is irrelevant. Anyone here ever use the PHONE for a personal call? Of course you do. Internet access for personal use is no different.

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
  61. And the study said... by Mariner28 · · Score: 2, Informative
    And the study said that none of the alleged infringements in Linux were against a validated patent. Most of the patents were deemed to be very suspect and would probably be invalidated in court if challenged.

    The Ravicher Study funded by OSRM actually undermines Microsoft's position. But Microsoft apologists cite it repeatedly because they know that most people won't take the time to see what the study actually said.

    --
    "A little misunderstanding? Galileo and the Pope had a little misunderstanding."
    1. Re:And the study said... by harlows_monkeys · · Score: 1

      There is a legal presumption of validity to any issued patent. BTW, you are the first person I've ever heard call RMS a Microsoft apologist.

    2. Re:And the study said... by Mariner28 · · Score: 1

      Man, did you ever miss that one. Or else I did (was that sarcasm in your response).

      Believe me - rms has read the study cover to cover...

      --
      "A little misunderstanding? Galileo and the Pope had a little misunderstanding."
    3. Re:And the study said... by harlows_monkeys · · Score: 1
      My point is that RMS seems to think it is serious that Linux seems to infringe the patents from that study. And I agree with him on that.

      Sure, most of them have not been tested in court, but so what? There is a legal presumption that a patent is valid, and so even if the patent should not have been issued, it is a big pain to fight it if you find yourself on the wrong end of a patent infringement suit over it.

  62. Re:bragging rights by SoulRider · · Score: 1

    Its not the size of your patent that matters, its the number lawyers you have to protect it that matters.

  63. Re:Well Duh by SailorRipley · · Score: 1

    seems to me, being an American hating communist is much better than being a fat, ignorant, misguided self-righteous, "my dollars are worth so much less compared to the euro", "I watch Fox News and think I am informed", "I really believe the war in Iraq is not about oil", laughingstock of the rest of the world American...

    --
    Chance favors the prepared mind...especially when you Question Authority
  64. When asking about Put up or Shut up... by Anonymous Coward · · Score: 0

    Well, "Show us the code" was put into a "put up or shut up" situation... and chose to shut up.

    Guess they realized they didn't have a point.

  65. Re:Failure Point by eno2001 · · Score: 1

    Exactly. The only reason for my existence is to piss people off and make them think a little further than their limited minds normally allow. :) So I love it when I get the peanut gallery trying to modbomb and troll me as AC. It just makes it all the more worthwhile. :)

    --
    -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
  66. It is going the opposite direction.. :( by taosk8r · · Score: 1

    It appears that the voting process is going exactly the opposite way.. Republicans in power now may think this is a great idea, like the potential dictatorial congress suspending powers Bush has annoited himself with, but how will they like it when someone they dont like gets in power and uses it against them??

    --
    -taosk8r
  67. stolen code not suprised by Anonymous Coward · · Score: 0

    I'm sure someone will mod this up as flame. I think it is an honest statement. The vast majority of OSS developers are honest developers, wide range of levels of skills, from someone learning how to code, to the best of the best, but mostly honest.

    That said, you won't find a corporate culture as cultish as some OSS developers. Some feel it is their mission in life to force their opinons on others. Case in point, I work in healthcare. My co-workers often trade code with other hospitals without management approval. They believe anything helpful should be shared. I agree, however our employer considers the code IP, and they sign our checks. I suspect a similar thing happened to the MS code, someone one a little too dedicated to the OSS movement, figured s/he would help out the community and donate some of MS's code, either to be nice, or because they wanted kudos for the brillant code they came up with in a couple days.(how much of that is to be found in MS source is anyone's guess :).

    Probably not the project's fault, know one else probably knew the code was stolen. Still I think MS should fess up with the patient violations. Probably won't because it would be embarassing for them. 'You mean they have a patient on a button with an X on it that closes a window?' kind of thing. Probably a bunch of patiented code that is necessary for UI to function in the intuitive (for a MS dominated userbase anyways), way. I haven't heard in detail, is it the Linux kernel they are going against? All I've ever seen in the news has been MS threatens to sue do to Linux violating patients. That could be anything running on Linux not just the kernel.

    1. Re:stolen code not suprised by Iron+Monkey · · Score: 2, Insightful

      I doubt the problem is actual copied code. If that were the case, this would be a copyright issue, and not a patent issue.

      As far as what projects Microsoft is threatening, it is more than just the kernel. It also includes the GUIs, openoffice.org, email, and others. This quote, from CNN Money, has a breakdown:

      But he does break down the total number allegedly violated - 235 - into categories. He says that the Linux kernel - the deepest layer of the free operating system, which interacts most directly with the computer hardware - violates 42 Microsoft patents. The Linux graphical user interfaces - essentially, the way design elements like menus and toolbars are set up - run afoul of another 65, he claims. The Open Office suite of programs, which is analogous to Microsoft Office, infringes 45 more. E-mail programs infringe 15, while other assorted FOSS programs allegedly transgress 68.
      --
      If my enemy's enemy is my friend, what happens if my enemy is his own worst enemy?
  68. Open Source Patent Searching by Iron+Monkey · · Score: 2, Insightful

    Can anyone tell me why the open source community can't search Microsoft's patent portfolio to find these supposed infringements? I realize that there are a lot of MS patents, and thus it would require a lot of work to perform a complete search. But surely if the community can co-operate enough to develop high-quality software, then we can co-operate enough to perform a patent search. We've all heard "many eyes make all bugs shallow" - perhaps "many eyes make all patents shallow" is just as true.

    Of course, to catch all of the possibilities, we might have to put on MS-tinted glasses and twist our thinking to see the way in which Linux (or some other software) actually infringes. That, and we might need a gargantuan suspension of disbelief with regards to the enforceability of the patents. Still, if it is possible for Microsoft to do such an analysis, why can't we do the same thing?

    --
    If my enemy's enemy is my friend, what happens if my enemy is his own worst enemy?
  69. Sig by Hatta · · Score: 1

    Our legal system isn't "lawyers always win", it's "lawyers ONLY win". Yet your analogy still stands. If infrastructure design was such that only engineers won in the end, that system would be just as broken as our legal system.

    --
    Give me Classic Slashdot or give me death!
  70. Modding Patterns by Morosoph · · Score: 1
    It wouldn't be altogether dumb if the Slashdot modding system noticed such modding patterns. Focusing on an individual is highly statistically significant, as compared with modding across stories.

    Slashdot put a lot of effort into blocking various kinds of 'crapflooding'; abuse against specific individuals would surely also be worthy of blocking or limiting.

    1. Re:Modding Patterns by IgnoramusMaximus · · Score: 0, Offtopic

      It wouldn't be altogether dumb if the Slashdot modding system noticed such modding patterns. Focusing on an individual is highly statistically significant, as compared with modding across stories. Slashdot put a lot of effort into blocking various kinds of 'crapflooding'; abuse against specific individuals would surely also be worthy of blocking or limiting.

      Possibly that's the case already. Even though the goofus(es) have been at it for a while, my "karma" seems largely unaffected, which I think would not be otherwise the case given the relative numbers of mod points in play.

    2. Re:Modding Patterns by Big_Al_B · · Score: 1

      Though now visually represented by general terms of Excellent, Good, and Poor etc, I believe karma is still a computed sum of all mods across all your posts.

      So, if you have a significantly higher ratio of good over bad mods, then your karma should be relatively unaffected by these mod-bombers.

      Having run across you a fair number of times and noticing that you seem to have a "really love him or simply hate him with little nuance between" sort of presence here, I'm betting you have enough positive mods to endure quite a few -5 bombs.

      The meta-mod system should theoretically mitigate all this somewhat as folks who mod-bomb will get a lot of "unfair" meta-mods, so they will increasingly lose opportunities to moderate until they lose eligibility altogether.

    3. Re:Modding Patterns by Big_Al_B · · Score: 1

      Assuming of course that they do not maintain multiple accounts just for the purpose of bombing. Some people can be quite vindictive ... and have no life. An ugly combination. Yep.

      With regard to the mod system itself, I also agree that it has flaws. I seem to be getting mod points about once a week now, but rarely use them because I'd rather comment than mod in most cases. On the odd occasion that I do mod, I mostly do it in a thread where I don't really have a dog in the fight but still am somewhat familiar with the topic, and I reward signal A LOT more than I punish noise. And by noise I mean the FRIST PSOT and goatse crap, that as you said usually gets 86ed fast by subscribers.

      Occasionally though, when I want a more brief /. experience, I do like the ability to filter based on a few fairly standard tags and the mod system does give me that.
  71. paypal may help you? by niyam · · Score: 1

    what you did is commendable. impressive. david vs goliath. you craned your neck real hard and stood up for the worldwide community. just a suggestion: you should set up a paypal account. and those who wish to express their appreciation for you could make donations to help you pay your bills while you *get back* to your passion of inspiring people to join you with your movement.
    wish you luck.