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Linspire/Microsoft Agreement Useless to Users

Stephen Samuel writes "Groklaw host PJ has dissected the 'patent peace' agreement between Linspire and Microsoft, and has determined that what Linspire agreed to is next to useless for many users. Essentially, under the agreement Linspire software is almost unusable: 'You can't share the software with others, pass it on with the patent promise, modify your own copy, or even use it for an "unauthorized" purpose, whatever that means in a software context. You must pay Linspire for the software, but then the "covenant" says to use Linux, you must also pay Microsoft. That payment doesn't cover upgrades. Linspire said it was absorbing the initial fees, but I don't know about upgrades. New functionality means you lose your coverage or presumably must pay again.'"

155 comments

  1. All I can say is... by pallmall1 · · Score: 5, Funny

    Linspire should just expire.

    --
    3 things about computers: they're alive, they're self-aware, and they hate your guts.
    1. Re:All I can say is... by apodyopsis · · Score: 2, Interesting

      To be honest I don't think they have a choice now.

      In the eyes of the 'nix community they are tainted by this agreement and they will probably avoid on principal, so they must be banking that the new features (ttf, WMP10, DRM) are enough to tempt in people who do not know better.

      I'd wish them luck but surely this had to be them shooting themselves in the foot and waving goodbye to their future business.

      Much as I truly despise them, you have to admire MS for the effectiveness of this particular FUD campaign.

    2. Re:All I can say is... by ozmanjusri · · Score: 2, Interesting
      they must be banking that the new features (ttf, WMP10, DRM) are enough to tempt in people who do not know better.

      DRM as a feature?

      You're right though - it will be interesting how the buying public reacts to this. The market will decide between truly free software like Ubuntu, which requires users to jump some admittedly easy hoops before playing restricted media, or Linspire, which makes media playing immediate, at the expense of giving up freedoms.

      May the best distro win...

      --
      "I've got more toys than Teruhisa Kitahara."
    3. Re:All I can say is... by Ohreally_factor · · Score: 1
      From the summary:

      . . . . Linspire agreed to is next to useless for many users Linspire is next to useless for many users There! Fixed it!

      Essentially, under the agreement Linspire software is almost unusable Anyone want to take a swing at this one? It's reeeeealy easy. =)
      --
      It's not offtopic, dumbass. It's orthogonal.
    4. Re:All I can say is... by ttnb · · Score: 1
      In the eyes of the 'nix community they are tainted by this agreement and they will probably avoid on principal, so they must be banking that the new features (ttf, WMP10, DRM) are enough to tempt in people who do not know better.

      In the eyes of people with strict free software principles they were tainted well before making this deal.

      They've now offenended a somewhat larger segment of the community, but they're counting on the community's inability to effectively communicate just how far they have lowered themselves to whatever target group they've chosed for their commercial products.

    5. Re:All I can say is... by suckmysav · · Score: 3, Interesting

      Linspire have always targetted Windows switchers. They know full well that hardcore geeks would never use Linspire. The Linux community means nothing to them.

      --
      "You can't fight in here, this is the war room!"
    6. Re:All I can say is... by Blakey+Rat · · Score: 1, Flamebait

      First of all, despite the rhyming, your comment is unnecessarily hostile. Linspire adoption is a good thing for Linux, and Linspire itself is a good thing for Linux-- right now Linspire is the easiest way to get a legal MP3 or DVD player for your Linux computer and that's unlikely to change in the near future.

      Secondly, the market that Linspire is aiming towards doesn't give a flying crap about:
      1) software licenses
      2) patents
      3) irrational hatred of Microsoft

      Leave those three particular concerns to every other Linux distro.

    7. Re:All I can say is... by itlurksbeneath · · Score: 2, Funny

      irrational hatred of Microsoft I can assure you, sir - it's not irrational.
      --
      Have you ever considered piracy? You'd make a wonderful Dread Pirate Roberts.
    8. Re:All I can say is... by ajs318 · · Score: 1

      Actually, the easiest way to get a legal DVD or MP3 player for your Linux computer is just not to live in the USA. DeCSS is legal in at least Norway, and probably the EU and the UK.

      --
      Je fume. Tu fumes. Nous fûmes!
    9. Re:All I can say is... by bigdavesmith · · Score: 2, Informative

      I agree with you, but it's not quite that simple. I'm not a hardcore linux user, but I have yet to be able to play DVD's on my Kubuntu7.04 setup. Give that same system to a Joe Schmoe off the street, and there's no way they're going to be able to do what they want. Real Linux is getting closer to user-friendlyness, but it's still got a little ways to go before it can enter the average household.

      Now if Dell is already installing the needed packages and doing the setup, or making it easier, that's one thing, but I was unaware if they are.

    10. Re:All I can say is... by miffo.swe · · Score: 1

      Legal DVD and MP3 is not a problem outside the US where software patents dont apply. Also you can get plugins legal in the US and other countries stupid enough to allow software patents at https://shop.fluendo.com/

      As for the market, what was Linspires market share again? Its not because they have a bad distribution people avoid them. Linspire is really pretty darn good, just run by greedy bastards with no interest in the community that do all their work for free.

      --
      HTTP/1.1 400
    11. Re:All I can say is... by killjoe · · Score: 0, Troll

      >irrational hatred of Microsoft

      Hatred of ms is not irrational. If the average joe doesn't hate ms then we haven't educated enough obviously. No sane and rational person can look at the history of this company and stay neutral. Ms is a destructive force in the IT industry.

      --
      evil is as evil does
    12. Re:All I can say is... by CastrTroy · · Score: 2, Interesting

      Also, if you do live in the US, and you do want DVD on your Linux box, you could just buy Mandriva which comes with LinDVD to watch your DVDs legally. Sure it's not open source software, but it seems to me that if you're really that worried about the legal issues, and actually want to watch DVDs on your computer (as opposed to your home theatre), then there are options available to you.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    13. Re:All I can say is... by ozmanjusri · · Score: 1
      it's not quite that simple.

      It is if you use Automatix.

      --
      "I've got more toys than Teruhisa Kitahara."
    14. Re:All I can say is... by Vexorian · · Score: 2, Informative

      Linspire adoption is a good thing for linux
      After this stupid covenant, it isn't.

      right now Linspire is the easiest way to get a legal MP3 or DVD player for your Linux computer and that's unlikely to change in the near future.
      The fact you live in a country with authorities dumb enough to approve stupid laws doesn't make something bad a good thing, either way I found that the same people you later mention as don't giving a flying crap about software licenses don't care about dubious laws either. Getting ubuntu and then downloading the codec the next time you double click on an mp3 seems easy enough to me.

      Secondly, the market that Linspire is aiming towards doesn't give a flying crap about: 1) software licenses 2) patents 3) irrational hatred of Microsoft

      It is not irrational, and it is not hatred either, it is founded fear of a company that obviously dislikes any competition and that from what we have seen is now buying distros in an indirect way to circumvent the GPL and then get FUD-tale whores or slaves or whatever that guys like novell and linspire have become, it is still useless for linspire users if there is such a thing like them.

      I guess that according to your comment Linspire's target market is a bunch of people that at the same time don't want windows, yet they don't have any 'irrational hatred of Microsoft' but still, they would love to buy an OS that (because of previous linspire cost+the patent covenant) is more expensive than windows, yet it is very good at locking them in? So I am guessing the target market for Linspire are a bunch of stupid people?

      --

      Copyright infringement is "piracy" in the same way DRM is "consumer rape"
    15. Re:All I can say is... by Dragonslicer · · Score: 1

      Hatred of ms is not irrational. Why not? What did milliseconds ever do to you?
    16. Re:All I can say is... by ZachPruckowski · · Score: 2, Interesting

      I think the million-dollar issue with the included media codecs is legality. When you pick up Linspire, you have the benefit of knowing it'll work and that it's legit. On Ubuntu, in the US, most of the solutions violate patents (which may or may not be valid). Personally, I think patents on things like VC-1 or MPEG standards are stupid, but they're there.

      Then there's the DRM. Currently, WMP DRM only works on Windows. If MS releases something for Linspire/Novell that allows DRM'd content playback, those distros have a leg up in accessing things that are protected by that DRM. However, this would be obviated if MS does as promised and creates a Silverlight-based DRM-supporting player for WMA/WMV.

    17. Re:All I can say is... by Fishead · · Score: 1

      Exactly. Linspire is valuable to the Linux community as a "gateway drug" leading into harder substances... I think. If Linspire somehow achieved a significant percentage of home computer users, it would no longer be acceptable for something to work ONLY on a Microsoft product. Suddenly hardware makers would not be able to release windows only products, and maybe, just maybe, media companies would need to address the difference.

    18. Re:All I can say is... by drinkypoo · · Score: 1

      DRM as a feature?

      The feature is DRM. It is a feature to the people selling the content, not the user. But the feature to the user is "able to play DRM-protected content". Which IS a feature, but also a completely shady and deceptive marketing tactic on the part of the entire fucking entertainment industry. At least, that portion of it which supports DRM. And due to the structure of our corporate masters, that's most of it.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    19. Re:All I can say is... by Anonymous Coward · · Score: 0

      Unless the average Joe just doesn't care what Microsoft does. Lots of people don't care what Wal-Mart does either, despite being fully aware of the business practices of either conglomerate.

      I don't know where you live, but from what I've observed most people in my area couldn't care less about the evils that exist even in their own backyards, even when they are staring them in the face. The urge to reform that existed in the 1960's and 1970's is gone, left now only to lobbyists and select interest groups.

    20. Re:All I can say is... by drinkypoo · · Score: 2, Interesting

      irrational hatred of Microsoft

      Every time someone says something like this I feel like the guy in a conspiracy movie that knows the truth and can't get anyone to believe him.

      How many times do you have to be lied to and/or fucked over by Microsoft before you too will develop this completely healthy and rational hatred of their bullshit antics and tactics?

      How many illegal acts by Microsoft that are used to crush competition, which in many cases (probably even most) has had superior technology, will it take before you treat them like the criminals they are?

      If any individual had taken the actions Microsoft has taken, we would have already convicted them for fraud, taken away their shit, and thrown them in prison (maybe cushy rich white guy prison, but still locking them up.) But because it's a corporation, you seem to be willing to forgive them everything. Your corporate masters can do no wrong, eh?

      If you don't hate microsoft (maybe hate is too strong a word) then one of the following things is true: 1 - you don't actually give a shit about the situation at all; 2 - you're totally ignorant of what the situation is; 3 - you're benefiting from the current situation and are enough of a morally bankrupt turd that you would pretend like it's all positive. I make no claims as to which of these is actually the case for you; I don't know you. But there is more than enough reason to at least dislike Microsoft and think that doing business with them is exclusively for the stupid, if not to be planning firebombings.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    21. Re:All I can say is... by Blakey+Rat · · Score: 1

      I reserve the word "hate" for things like, say, genocides or dictators who cause genocides. The activity of a software company just doesn't even come close to "hate." Maybe "mild annoyance."

    22. Re:All I can say is... by Blakey+Rat · · Score: 1

      you too will develop this completely healthy and rational hatred of their bullshit antics and tactics?

      But there is more than enough reason to at least dislike Microsoft and think that doing business with them is exclusively for the stupid, if not to be planning firebombings.

      Oh yes, how did I forget that it's entirely healthy and rational to plot firebombing Microsoft. Wow, you've convinced me that you're entirely healthy and rational and not at all some kind of crazy loon who thinks it's ok to literally destroy property and put people's lives at risk because of a computer operating system. You've sure convinced me.

    23. Re:All I can say is... by Braino420 · · Score: 1

      irrational hatred of Microsoft
      Windows Millennium Edition
      --
      They call me the wookie man, I guess that's what I am
    24. Re:All I can say is... by drinkypoo · · Score: 1

      But there is more than enough reason to at least dislike Microsoft and think that doing business with them is exclusively for the stupid, if not to be planning firebombings. Oh yes, how did I forget that it's entirely healthy and rational to plot firebombing Microsoft.

      I was using a conversational device common in colloquial English - such and such is reasonable, even if such and such other thing isn't.

      Your lack of comprehension of the English language is at fault in your assumption that I believed that firebombing Microsoft is rational, and not anything that I said - because I certainly did not say it.

      HTH, HAND.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    25. Re:All I can say is... by lordtoran · · Score: 1

      Secondly, the market that Linspire is aiming towards doesn't give a flying crap about:
      1) software licenses
      2) patents
      3) irrational hatred of Microsoft Too bad this market doesn't exist on the Linux side of things. Everybody not bothering about 1-3 is absolutely unlikely bothering about Linux at all.
      --
      Want to hear the voice of GOD? cat /boot/vmlinuz > /dev/dsp
    26. Re:All I can say is... by nuzak · · Score: 1

      How many times do you have to be lied to and/or fucked over by Microsoft before you too will develop this completely healthy and rational hatred of their bullshit antics and tactics?

      There are plenty of rational detractors of Microsoft. However, they're virtually extinct on Groklaw. You could power a city with the power of the knee-jerk responses there.

      --
      Done with slashdot, done with nerds, getting a life.
    27. Re:All I can say is... by styrotech · · Score: 1

      I suppose that is subjective...

      eg: for me "hate" is the feeling itself not the intensity of that feeling. eg in my mind I can still say that I hate brussels sprouts or soap operas, even if they pale into insignificance compared to Hitler, Stalin, Pol Pot etc.

      I think in recent years the words meaning has been shifted somewhat by being used as a scaremongering adjective eg hate mail, hate group, hate crime etc.

    28. Re:All I can say is... by Benaiah · · Score: 1

      You sir, Are an ass. Im in the process of reading.
      At least he didn't put it in reverse order so I didn't read something I didn't want to.

      I might have to avoid the internets for a while, so that no one can ruin my Potter experience.

    29. Re:All I can say is... by Blakey+Rat · · Score: 1

      Flamebait? Really? Good job, moderators.

    30. Re:All I can say is... by bigdavesmith · · Score: 1

      You really got me excited, and I gave it a try, and I'm back to my initial statement. It's good, but it's not ready for Joe User. I'm not going to rag, but this is my reason why, since others may stumble across this:

      Downloading a .deb file and double clicking it would be fine if it was the linux standard. I do see people who don't try opening files just because they don't know what the icon means. Still, I don't think that's over the top for Joe User. What IS over the top is having to then run apt-get -f install from the terminal to get Automatix to install. I don't know what the issue was, but did it on a brand-spanking-new Kubuntu 7.04 install, and had to do that. Hell, I don't even know what -f install does. I suppose I could man it, but back to the root issue, I don't care. Just make it work.

      Secondly, I now have the issue that I can use apt-get to install programs, I can use Kubuntu's 'Add/Remove Programs' icon, which gives me something similar to Automatix, and I can use automatix. That doesn't include other install methods, such as downloading a .deb file, or source, or whatever else the world has.

      Anyway, I have to play with it more. It's not a bad tool, I'll keep it, and thanks for turning me on to it, but sadly, it's just a patch for what is probably one of linux's biggest issues.

  2. Ah well by DutchMasterKiller · · Score: 3, Funny

    Luckily there are 300 other distros to choose from :)

    1. Re:Ah well by mwvdlee · · Score: 3, Informative

      You can still get Linspire and do everything you always wanted.
      It's just money you pay to Microsoft to keep them from trashing your store^W^W^Wsueing for patent infringement.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  3. ESR by kraemate · · Score: 2, Interesting

    I'd like to know Eric Raymond's take on this. Isnt he on the linspire board or something?

    1. Re:ESR by ttnb · · Score: 4, Informative
      I'd like to know Eric Raymond's take on this.

      As a matter of fact it's not necessary to wait for a public comment from ESR to know his views. If anything, these events can only reinforce his views that he wants "to see Microsoft broken on the wheel not by government fiat but by enlightened consumer choice". (Source: Halloween Documents FAQ

      Isn't he on the linspire board or something?

      According to this post apparantly by Linspire's CEO Eric is (or at least still was on Feb 23, 2007) "one of many un-paid volunteers of the Freespire Leadership Board". I wouldn't be surprised if Eric reconsiders his involvement in that project in reaction to Linspire's agreement with Microsoft, but it's his choice of course.

  4. Agreement useless to users? by RuBLed · · Score: 5, Insightful

    Isn't it much more like Linspire/Microsoft Agreement makes Linspire useless? Additionally, that is an understatement also since the general idea of useless is that you won't get anything good from it. In this scenario, it should be Linspire/MS Agreement Toxic to Users.

    1. Re:Agreement useless to users? by jimicus · · Score: 4, Insightful

      Isn't it much more like Linspire/Microsoft Agreement makes Linspire useless?

      Darn! Bet MS never saw that coming!

      Sidenote: Do any of these companies signing these agreements actually read them? Because so far most of the agreements seem to be designed to stop the Linux distributor from distributing Linux. Either that or there's some massive get-out clause in all of them which everybody else has missed.

    2. Re:Agreement useless to users? by Stephen+Samuel · · Score: 1
      As far as I can tell, you're still free to treat the GPLed software (whether GPL2 or GPL3) like GPL software and ignore the Linspire/Microsoft agreement. It's just that, if you do that (or are so stupid as to do something like use your system to share your printer ('using it as a server), play quake, balance your books, share your internet connection or do thousands of other things that many people expect computers to do, you won't be protected by it.

      (either that, or Linspire is in violation of the GPL, and the agreement is toxic to their continued existence).

      --
      Free Software: Like love, it grows best when given away.
    3. Re:Agreement useless to users? by gnasher719 · · Score: 3, Interesting

      I don't think this agreement is relevant to users at all.

      Basically, Microsoft says "we won't sue Linspire users as long as they only do X, Y and Z".

      That doesn't mean in any way that anyone is preventing Linspire users from doing whatever they want. They can do A, B and C, just like Redhat users can. Microsoft just doesn't promise anymore not to sue them, just as it never promised not to sue Redhat customers. Which doesn't matter much, because Microsoft is just full of wind anyway.

    4. Re:Agreement useless to users? by marcello_dl · · Score: 1

      I'd try the following trick:

      1. get a technology adopted by most of the linux community, no matter if it's FOSS
      2. Suddenly, Microsoft recalls it has a patent covering that technology.
      3. Now everyone who wants to keep using the technology in those unfortunate countries where software is patentable must get a deal with linspire or microsoft.
      4. Profit!

      I guess that's what will happen with a bigger fish like Novell.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    5. Re:Agreement useless to users? by Scarblac · · Score: 2, Funny

      Basically, Microsoft says "we won't sue Linspire users as long as they only do X, Y and Z".

      Where X, Y and Z include paying Microsoft.

      --
      I believe posters are recognized by their sig. So I made one.
    6. Re:Agreement useless to users? by Citizen+of+Earth · · Score: 1

      Do any of these companies signing these agreements actually read them?

      It seems to me that they are struggling businesses who get a one-time payday from Microsoft if they sign up.

    7. Re:Agreement useless to users? by jimicus · · Score: 1

      It seems to me that they are struggling businesses who get a one-time payday from Microsoft if they sign up.

      On the understanding that they sign an agreement which essentially destroys their current business model?

      Still seems a bit odd to me.

    8. Re:Agreement useless to users? by Citizen+of+Earth · · Score: 1

      On the understanding that they sign an agreement which essentially destroys their current business model?

      On the understanding that those in control of the business would be cashing out soon.?

    9. Re:Agreement useless to users? by ardle · · Score: 1
      It goes a bit deeper than that.

      The real situation is:
      3. Now everyone who wants to do business in those unfortunate countries where software is patentable must get a deal with Microsoft.

      As was recently pointed out in this article, which didn't get a very good reception (in my opinion, simply because the author tried to say too much):
      • LG has signed up to Microsoft's licensing scheme.
      • Microsoft's plethora of patents and licence deals (whatever the opinions of PHB's or suits, and let's not get into APIs yet) mean that it's difficult (maybe illegal if you're not careful) to be non-MS in corporate America (they'll get bulk licenses for their own products and patent license money for competitors')
      • Microsoft doesn't care if people aren't running Windows at home (this is the bit that people didn't get - because the author didn't quite put it like that. He focussed on MS's grip on American business and vaguely talked about home users becoming empowered)
      So why wouldn't MS care if people weren't running Windows at home? Well, I'm sure they'd prefer it, in principle :-)
      But here are some things worth considering:
      • People can now do many of the things they could only do on PC on other devices
      • Microsoft have been promising - and working on - other devices for years
      • And have begun selling hardware
      • The next cool thing probably won't be by Microsoft either
      • But even if it runs Linux, they'll get their tax
      • At least, within "those unfortunate countries where software is patentable"
      • The US Government will go to great lengths to support Microsoft's efforts in the other countries; its citizens' pension funds depend on it
      • What Microsoft has best succeeded at is amassing money. It hse been able to make vast profits through its bulk deals and is ubiquitous in offices.
      • Microsoft realise that home users need to be treated differently to businesses; it's expensive to collect money from individuals
      • Technology is a more efficient instrument for collecting money from individuals than law ;-)
    10. Re:Agreement useless to users? by falconwolf · · Score: 1

      Isn't it much more like Linspire/Microsoft Agreement makes Linspire useless? Additionally, that is an understatement also since the general idea of useless is that you won't get anything good from it. In this scenario, it should be Linspire/MS Agreement Toxic to Users.

      This agreement doesn't make Linspire useless. People who use Linspire gets some legal use out of it. Last year I bought a new PCs with Linspire preinstalled. After booting up it almost seems like Windows, it looks like it and acts like it. Except for not crashing or freezing. It's easy for people to connect to the net and if they have broadband access it's easy to install software. And until software patents are abolished, Linspire offers legal software and plugins so users can watch dvds, rip mpgs, and other things.

      For those who just want their computer to work and doesn't want to be a Linux geek, Linspire makes it happen.

      Falcon
    11. Re:Agreement useless to users? by falconwolf · · Score: 1

      On the understanding that they sign an agreement which essentially destroys their current business model?

      On the understanding that those in control of the business would be cashing out soon.?

      It won't work in this case, Linspire unlike SCO is a privately held business so the only way to cashout is to sale the business to somebody else. However if said person, or business, doesn't exercise due diligence they deserve what they get.

      Falcon
  5. Great business-plan by Anonymous Coward · · Score: 4, Interesting

    I think they have a great business-plan

    1. Start a Linux distribution
    2. Get Microsoft's attention
    3. Get millions from Microsoft (more then they will ever earn selling it), agreeing to everything Microsoft ask.
    4. Go out of business

    I think more distributions should do it... (as long the really serious ones don't)

    1. Re:Great business-plan by allthingscode · · Score: 1

      Why don't we all start our own distributions. At a million per distribution, Microsoft could afford to pay off about 2,000 of us before they even began to break a sweat. And they still wouldn't have slowed down anything. This just shows how they are still trying to apply old business models to Linux.

  6. SCO Deja Vu by nurhussein · · Score: 4, Interesting

    Microsoft's tactics in providing "patent agreements" remind me of the SCO days when they made an assumption that Linux "belongs" to them because of some vague "infringements". Based on this assumption, they start doing wonky things like charging $699 per seat for the right to use Linux, and other such nonsense.

    MS is operating along the same lines. The assumption is that you owe Microsoft something for using Linux, hence the need for such agreements between MS and Linux vendors.

    It's classic FUD, but I don't know if MS would actually sue anyone. Unlike SCO Microsoft has a bottomless pit of money, and yet MS may not be large enough to successfully try and destroy Linux via patent infringement lawsuits.

    We'll see how it all plays out. Will Microsoft embarass themselves the same way SCO did? One thing's for sure, if Microsoft decides to play the patent game, they too are at risk of getting countersued for whatever patents they infringe (and based on how many software patents are out there, there's sure to be some).

    1. Re:SCO Deja Vu by sumdumass · · Score: 2, Insightful

      I don't think your looking at this in the correct terms. Linspire will be releasing some Microsoft tech like audio and video codecs along with some document formating stuff and a few other things in their releases. When a third party distributes microsoft's products, they/you would be owing Microsoft indirectly for the use of those products when you buy that third party software.

      Something that gets me is that this is just another choice for people. I don't understand what all the fus is over. I mean the people who would use Linspire aren't the same who would be using any other distro, it is a targeted distro that has a specific function aimed at specific users. If they wish to use it and are fine with the terms then why not? Linux isn't about you having to distribute or change something, it is about you having that option. With the Linspire deal, you still have that option you just don't get the extras.

      Of course the GPL wouldn't cover the MS tech they are working into linspire so you wouldn't be able to distribute that stuff anyways. It seems overly pedantic to spend this much effort on discrediting something that is just another choice available to people. Is that what the linux community has become? Something where choice is good as long as it is only the choices we say you can have? The MS deal ads to those choices, it doesn't take away from them. You have specific obligations if you want the benefits of those choices and if you don't want to manage or fulfill those obligations then you don't take those choices. Isn't that a simpler way to look at it? It is like buying a candy bar, if the price is right, the availability is convenient, and you want it, then you buy it. If you don't want the candy bar or the price is too steep, or it isn't available then you don't buy it. But it was a choice you could have made, you could have ignored that choice all together and not lost out on anything in the process.

      From the begining, even with the Novell deal, the arangments were always claimed to be about new tech they developed or are developing with the intent of working with windows better. Balmer made a statement about existing patents that Novell profusely denied. But none of the companies entering the agreements have ever stated that is was to gain protection from Microsoft IP that linux violates or infringes on. That has always been Microsoft's and a few FOSS zealot's claims. It isn't a surprise to find out that the deals don't cover where those infringements are likely to be, if there are any. It is like looking at a car that only goes 55 and was advertised at only going 55. Then complaining or making fun at the fact that the bill of sale makes reference to the manufacturer's claims of it only going 55 and disclaiming any association of it going faster. It doesn't make much sense.

    2. Re:SCO Deja Vu by electr01nik · · Score: 2, Funny

      MS is operating along the same lines. The assumption is that you owe Microsoft something for using Linux, ...

      Using MS Windows for so many years is *why* I switched to Linux.

      I guess I owe them for that. But now they want to charge you for it?

    3. Re:SCO Deja Vu by pallmall1 · · Score: 4, Insightful

      Linspire will be releasing some Microsoft tech like audio and video codecs along with some document formating stuff and a few other things in their releases.
      Linspire says that for now they won't charge users for these things. They may charge for upgrades and maintenance releases of their Microsoft proprietized "click-and-run" (CNR) distributed packages. If a Linspire user doesn't pay any charges set by Linspire, or Linspire doesn't pay Microsoft even if the user pays Linspire, the user is not covered by the Microsoft pledge not to sue (and the agreement actually doesn't protect users anyway). When a Linspire user downloads a CNR package, Microsoft now will be able to track the users identity. If the user gets a Microsoft tainted CNR component, Microsoft can then demand the user allows Microsoft or their agent (BSA, perhaps?) to audit all their software. If the user refuses, Microsoft can sue them for infringement, aided by the CNR server records.

      This deal is nowhere near as benign as you try and describe. Remember, this is a deal with Microsoft. If they can't find IP violations in a linux distribution, they'll put it there and then cry "victim".
      --
      3 things about computers: they're alive, they're self-aware, and they hate your guts.
    4. Re:SCO Deja Vu by jrumney · · Score: 1

      My guess is that they don't intend to sue anyone, they are just using FUD to try to limit the damage Linux is doing to Windows sales to the least profitable area of business - the home desktop. Developers, business users and server usage are all excluded from their patent promises, as is Free distribution via the GPL, something that threatens their business model at its core.

    5. Re:SCO Deja Vu by beheaderaswp · · Score: 3, Insightful

      "It's classic FUD, but I don't know if MS would actually sue anyone. Unlike SCO Microsoft has a bottomless pit of money, and yet MS may not be large enough to successfully try and destroy Linux via patent infringement lawsuits."

      I agree completely with you, except:

      Linux datacenters (I run one), admins, and developers should be thanking their lucky stars for IBM. They and they alone have enough legal strength and money to scare Microsoft. But it gets better!

      Wait and watch for the interesting times as the SCO/EVERYBODY lawsuits wind down.

      Prediction: IBM sues Microsoft into the crapper once the SCO thing is resolved. At the end of the ten year lawsuit, Microsoft is irrelevant- but IBM have open sourced it's patent portfolio.

      Then again... I am probably wrong and we'll be running Windows "Orbital View" and paying a penny a keystroke.

      But one can hope.

      --
      Another consultant who stuck it out.

      "We are the Priests, of the Temples of Syrinx..."
    6. Re:SCO Deja Vu by Anonymous Coward · · Score: 0

      That reminds me of what the British government did recently. A guy spent several years in prison despite being innocent and when he was released he received compensation but was docked money what I think was food and lodgings! Absolutely disgusting.

    7. Re:SCO Deja Vu by init100 · · Score: 1

      But none of the companies entering the agreements have ever stated that is was to gain protection from Microsoft IP that linux violates or infringes on.

      No?

      They have tried to stress the interoperability (and in the Novell case, virtualization) aspects of the deal, but didn't hide that an additional benefit would be protection from patent infringement lawsuits from Microsoft. Now that it has turned out that this protection excludes just about everything, this "benefit" has simply vanished.

      Besides, playing up the patent protection aspect would have been certain to cause even more enmity in the F/OSS community. And biting the hand that feeds you has never been a good idea.

    8. Re:SCO Deja Vu by burnin1965 · · Score: 2, Insightful

      Something that gets me is that this is just another choice for people. I don't understand what all the fus is over.

      What's all the fuss about? Well lets see what the CEO of Microsoft has to say about the deal:
      http://blog.seattlepi.nwsource.com/microsoft/archi ves/108806.asp
      "our job has got to be to help our customers get interoperability"
      Sounds reasonable

      "We've had an issue, a problem that we've had to confront, which is because of the way the GPL (General Public License) works"
      There should be no problem as long as Microsoft keeps their hands out of the GPL cookie jar. If they believe their "ip" has been stolen and placed in the GPL cookie jar then they should specify their claim.

      "the fact that that product uses our patented intellectual property is a problem for our shareholders"
      Hmm, that doesn't sound like interoperability, it sounds like Microsoft is asking for compensation for unspecified infringement

      "Suse Linux is appropriately covered. There will be no patent issues. They've appropriately compensated Microsoft for our intellectual property"
      More unspecified claims of infringement and Suse is safe because they now pay Microsoft for the unspecified infringement.

      "anybody who has got Linux in their data center today sort of has an undisclosed balance sheet liability, because it's not just Microsoft patents"
      Still no specifics, just a simple "everyone owes us", where have we heard that before.

      "Novell said to us, 'Hey, look, if you're serious about this stuff, you better help us promote Suse Linux.' To which we said, 'You know we're trying to sell Windows, that's what we do for a living! Windows, Windows, Windows, baby! We don't do Linux that way here.'"
      Well duh, and here we were all thinking it was about interoperability, think again.

      "there's so many customers who say, 'Hey look, we don't want problems. We don't want any intellectual property problem or anything else. There's just a variety of workloads where we, today, feel like we want to run Linux. Please help us Microsoft and please work with the distributors to solve this problem, don't come try to license this individually.' So customer push drove us to where we got."
      Ah, now it makes sense. Microsoft has been roughing up customers for their use of linux and some of them told Microsoft to piss off, so now they are going after linux distributors. Fortunately the most significant linux players have already told Microsoft to piss off.

      Obviously the fuss isn't about a bunch of "FOSS zealots" improperly portraying these agreements, all the fuss is in response to a shake down.

      Honestly I'm not concerned, this latest Microsoft FUD foray will likely be as fruitless as their paid for effort from The SCO Group and all their unfounded claims of linux infringement. The SuSE deal was a significant issue but the latest agreements are meaningless because the distributors they are working with are in no way significant contributors to linux.
    9. Re:SCO Deja Vu by sumdumass · · Score: 1

      If you don't like the deal then don't take it or be part of it. But for using MS software, the license is really no different then using MS software; Something that people do every day. That distro is aimed at those people.

    10. Re:SCO Deja Vu by sumdumass · · Score: 1

      I don't ever remember Novell or linispire or any other company who made this deal with MS make any claims that it would protect users from the infringements in linux. Now how to you hide something that isn't there?

      More importantly, Novell has from day one been telling members of the Free software community that it isn't what they are thinking or saying and yet they continued going off about it and even wrote a specific article in the new GPL license over it. Now lets get something straight, why would it be any of these companies in the deals duty to hide something they never made a claim to in the first place when they have been actively telling the people who were making the charges that they were wrong to begin with.

    11. Re:SCO Deja Vu by sumdumass · · Score: 1
      Lets take a look at the context in where and how they were saying that and the meanings or value that you assessed loses a little there.

      From the same article when asked about the Novell deal and responding about having both microsoft and linux servers in the data rooms.

      How many of the people who have both sometimes ask themselves questions about the interoperability between those two environments, anybody? (A good number raise their hands.)

      Therefore, our job has got to be to help our customers get interoperability. And, of course, all vendors secretly are wondering when they do interoperability, did I do something that's going to help me win more of their customers, or something that's going to help them win more of my own customers. Of course, you don't know for years after. But interoperability is always good for the customer, and it's important. And we know customers want the interoperability that the hands showed between the Windows world and the Linux world.


      The entire talk starts off with interoperability and the Novell deal. So take Novell's claim that they are working to make the two more inter operable and create stuff to help their customers along these line. Now, if everything you just cited from that talk is limited to this role wouldn't you think? and that changes the meaning a little bit.

      Obviously the fuss isn't about a bunch of "FOSS zealots" improperly portraying these agreements, all the fuss is in response to a shake down.
      Yea, If you go back and read what I said, you would see that I mentioned balmer whacking a few things out there. But when has Novell or Linspire, the people who would be benefiting from this, ever made that claims in the way you are representing them? I'll give you a hint, they have never! So it shouldn't be any surprise that when reviewing the terms of the deals that they are only protected in the ways those companies represented themselves as being protected. It effects the MS tech they ar going to use and the stuff they are going to make using the MS tech in order to make them more compatible with each other.

      Honestly I'm not concerned, this latest Microsoft FUD foray will likely be as fruitless as their paid for effort from The SCO Group and all their unfounded claims of linux infringement. The SuSE deal was a significant issue but the latest agreements are meaningless because the distributors they are working with are in no way significant contributors to linux.
      Meaningless and not meaning what you were told or led to believe are two different concepts. If your thinking that if the deals did protect against stuff already in linux and competing against microsoft is worth something, then let me in on your secrete too. But giving what novell has always said the deals were about, giving that linspire and others directly speaking for the company have said about the deals and their intention, These deals seem to be worth about as much as those companies claimed they would be in the first place.

      I don't think it matters if they are or are not significant contributers to linux either. they wouldn't be putting this stuff in there. That is a bunch of FUD developed buy some organization that got pissed when an OSS company made a deal with MS. There entire plan was to make "their" products work better with windows. And as a user, if that is something you need, then you make the choice to use their product or not.

      One of these day, I will just sit down and write an article about all the misconceptions going into the GPLv3. It will list the main arguments on both sides that led to the stuff being pushed threw. I will lists all the way I know of that the new GPL can still be exploited pretty effectively and how they didn't really fix what they where wanting to fix. I think I will title it "misconceived promises and false hopes, How FUD thought it changed the day". I'll make sure you get a copy.
  7. really? by farkus888 · · Score: 1

    linspire isn't any good? I am no expert on that particular distro but I have always kinda assumed it was worthless. at the moment I am very happy with arch and intend to keep using it for quite a while. hopefully it is small enough to be under M$ radar. it also helps that it appears to not have a real for profit group at its head to sell our of our souls off for us.

    --
    thats right, I rarely use capitals. deal with it. but don't mistake my laziness for stupidity
    1. Re:really? by CaptainZapp · · Score: 1

      hopefully it is small enough to be under M$ radar.

      Who cares? I'd wager that the whole operation is undertaken for the benefit of businesses, who potentially hate risk. However, Microsoft is banking on the fact that IT Management and CIOs are complete dimbulbs who are shaking in their boots because they may get sued by mighty Microsoft. It didn't work with SCO and it won't work now with the MS version of patent trolling.

      In addition I want to see them pull that stunt off in Europe, where software patents are not only not recognized, but where the EU commission may take a very dim view and regard that as an extortion scheme (which it essentially is).

      --
      ich bin der musikant

      mit taschenrechner in der hand

      kraftwerk

    2. Re:really? by farkus888 · · Score: 1

      I care because I don't want to be forced to decide to ignore it or switch distros if they were to be next to sign an agreement with MS. I don't think I could in good conscious use their distro anymore, nevermind edit the wiki or report bugs. its a fundamentally wrong thing to do and I don't want to support it in any way.

      --
      thats right, I rarely use capitals. deal with it. but don't mistake my laziness for stupidity
  8. Windux - the clean OS by L505 · · Score: 1

    I think they should have called Lindows a better name.. Windux. On second thought, the judge probably would have ruled that they have to wash all the windows at microsoft campus for infringing on trademarks twice.

    1. Re:Windux - the clean OS by bmo · · Score: 1

      Actually, once upon a time, Linspire had Microsoft up against the ropes with regards to the Windows trademark, for various reasons. Suddenly Microsoft left Linspire alone and settled with them instead of trying to force them to change their name a second time. The rumor was that Linspire had Microsoft dead with use of the generic term "windows" citing prior use in computers before Windows 1.0. Don't hold me to it, but that's what I seemed to have gathered from following the case peripherally.

      Kevin Carmony (President and COO since 2005, after the litigation) seems to have never "got it" with regards to Linux in general anyway. He's a PHB and not nearly as smart as Robertson. So this is not really unexpected.

      --
      BMO

    2. Re:Windux - the clean OS by ttnb · · Score: 1
      I think they should have called Lindows a better name.. Windux.

      What makes you think that this would be a better name?

      In support of my view that Windux is not a particularly attractive name, I point to the website at www.Windux.com which looks like the domain would be for sale if someone made an attractive offer to the current holder. Nowadays just about all domain names which are really good because they combione a reference to a well-known industry term with shortness, memorability and a pleasant overall impression are being put to some kind of commercial use already.

    3. Re:Windux - the clean OS by Source+Quench · · Score: 1

      I'd rather win money myself... *tumbleweed rolls by*

    4. Re:Windux - the clean OS by L505 · · Score: 1

      what does 'bay' and 'e' have to do with 'auctions'. I guess it is a 'bay' where people come 'electronically'. Sounds pretty vague to me. Windux, on the other hand, is a perfect way of saying we've cleaned up the bugs on the Windows with Windex, and if you want, sue us and we'll clean your real glass windows on the Microsoft campus for you instead of going to jail for infringement.

    5. Re:Windux - the clean OS by L505 · · Score: 1

      typo: it's late and I meant winfux not windux

    6. Re:Windux - the clean OS by ttnb · · Score: 1
      what does 'bay' and 'e' have to do with 'auctions'

      Well, 'e' is about doing something electronically that was previously done differently, and 'bay' is similar enough to 'buy' to make an unconscious connection in the mind, but different enough to avoid the conclusion of 'ebay' being (from the perspective of the general public) only about buying. And all that in only four letters. A really great name choice. And on top of that, if you have the kind of business plan and funding that you can hope to gain market dominance for some category of product or service, you don't need a name that becomes memorable through similarity to a well-known word. Whatever strategy you have for gaining the kind of market share that you're aiming for, will be enough to also make your name memorable.

      Things are different for the countless little gnats of the information technology ecosystem, of course. Wouldn't one of them have grabbed Windux.com by now if that really was such a great, customer-confidence inspiring name?

      I think that "Lindows" was a much better choice than "Windux" would have been, precisely because "Lindows" is not only memorable but also confidence-inspiring.

      Windux, on the other hand, is a perfect way of saying we've cleaned up the bugs on the Windows with Windex, and if you want, sue us and we'll clean your real glass windows on the Microsoft campus for you instead of going to jail for infringement.

      I'm not aware of any successful examples where putting this kind of humor (which is based onto a perspective twist) into a product name or company name has really helped brand development. Branding is about burning a name and a corresponding association indelibly into the minds of your current and potential customers. This is totally at odds with humor which derives its funniness from a perspective twist (physical windows that need to be cleaned vs computers that need to be cleaned from malware), which can only hinder your efforts of burning some idea forcefully into someone's mind.

    7. Re:Windux - the clean OS by L505 · · Score: 1

      Well in my opinion, both Lindows and Windux are silly names, because people want the real thing. They don't like copy cats, they don't like names that try to pretend to be something. They don't want to sniff Windux, they want to sniff Windex. They don't want Lindows, they want the real Windows. My Windux comment was a mock on them choosing Lindows. I dont' actually believe that they should have called in Windux.. I think Debian is a better name than Windux. You have been had. Some people buy COLA drinks ... but they don't buy Loke or Poke copycat drinks. And if anyone calls their consulting company X505 or A505 then I'm going to hit them with a stick.

  9. Re:Groklaw?? How about objective analysis instead? by pe1rxq · · Score: 5, Insightful

    How about objective analysis instead?

    How about reading the article and point out some actual errors in it?
    I did, and most points she makes seem valid to me...

    What facts did you use for your objective analysis of groklaw?

    --
    Secure messaging: http://quickmsg.vreeken.net/
  10. And this is news, how? by DJ_Maiko · · Score: 0

    Having tried out a TON of distros over the years, I fail to see how Linspire even registers a blip on the news radar. Never was it even in the top 20 most popular (either w/unix-heads or non). Sad to say, this just makes them even more worthless. Thank goodness for the TONS of great distros out there still to help spread the great word about Linux.

    --
    Live as if you were to die tomorrow. Learn as if you were to live forever. -Mahatma Ghandi
  11. Looks like he forgot to mention by Anonymous Coward · · Score: 0

    How is this news? OMG. A Microsoft contract limits what you can do with what they perceive to be their property. Everyone already knew that would be the case. Its a contract with Microsoft. If some company or individual wants to purchase Linspire in order to limit their liability, they can knock themselves out. If you don't feel like paying the Microsoft tax, use some other distro. What I do find to be interesting about this article is the fact that even though it appears to be written by someone that has a decent understanding of the law, the author fails to mention that this contract, even if you do choose to modify the software, does limit the liability of the purchasing party. This is due to the clause about bug fixes. The language here is purposefully vague. This means that even if Microsoft chose to sue someone they would have trouble proving that there was patent infringement. If they managed that they would have further trouble proving that the patent infringement was purposeful. For those that do not know, the penalty for intentionally misusing a patented technology is significantly higher than doing so unknowingly. Anyway, I am sure that everyone here will hate this post, because they will assume that it is pro-Microsoft, but I have trouble keeping my mouth shut when I see deliberate misinformation being passed around as fact.

  12. Linspire's Claim to Fame? by Apple+Acolyte · · Score: 1

    Isn't Linspire's only claim to fame the fact that it was briefly bundled on ultra cheap PCs as a Windows substitute because of a look-a-like GUI? Did it have any technical merits over other Linux distributions that would make it worth mourning over?

    --
    Part of the hardcore faithful who believed in Apple long before it was cool again to do so
    1. Re:Linspire's Claim to Fame? by farkus888 · · Score: 1

      you may be right but I thought it was the trademark suit with MS because they originally called it lindows.

      --
      thats right, I rarely use capitals. deal with it. but don't mistake my laziness for stupidity
    2. Re:Linspire's Claim to Fame? by sumdumass · · Score: 1

      Your about right. However, it did have the click and run software installation service that solves dependency issues and all sort of like madrake's URMPI. It at one time was attempting to get win4lin to the point that you could run MS executables like you were in windows but that didn't last long after the hurdles proved to be too high.

      The thing about linspire is that it wasn't ever intended for the geek who wants to change everything, compile kernels, write code, modify code and all that sort of stuff. It has from day one attempted to be one of the easiest systems to get running and keep running for novice users who couldn't tell you what an emacs or 6 (VI) was let alone which is better. Their kicker was as you said, preinstalled on cheap computers with the CNR service for a yearly fee that installed whatever program they needed for a certain task with a simple click and an internet connection. It is more or less designed for people who have trouble running windows.

    3. Re:Linspire's Claim to Fame? by Propaganda13 · · Score: 1

      If they ever get CNR 7 up and running, that might be another claim to fame.
      Support for
        Debian
        Fedora
        Freespire
        Linspire
        OpenSUSE
        Ubuntu
      Original timetable was Q2 2007. Current timetable is "in a few weeks" and "soon".

    4. Re:Linspire's Claim to Fame? by sumdumass · · Score: 1

      Interesting. They are going to sell err provide the CNR service for all those distro's too? Nice.

    5. Re:Linspire's Claim to Fame? by gujo-odori · · Score: 2, Informative

      Their original claim to fame was that you would be able to seamlessly run Windows apps on what was then called Lindows.

      Somewhere between that promise and the actual release of Lindows 1.0, they had a falling out with Codeweavers, and Codeweavers terminated their business relationship with Lindows:

      http://www.newsforge.com/article.pl?sid=02/04/05/0 335256

      Neither Codeweavers nor Lindows had much to say in public that I am aware of, but there have been rumors that the main issue was that Lindows wasn't too keen on the idea of releasing their Wine modifications, and that while Codeweavers persuaded them to release a lot of code, the relationship kind of soured from there. Again, this is conjecture and rumor that I remember hearing at the time, not (AFAIK) documented fact, but based on how secretive Lindows was during their first beta cycle (beta testers paid $99 bucks and got the title Lindows Insider and access to betas), not releasing source code and saying "The source will be there when we release 1.0" (IIRC the source was released at the time), I find the conjecture plausible.

  13. You surely "get the facts" by someone1234 · · Score: 1

    Yeah, go and read M$ PR bulletins instead. The get the facts campaign is so about truth.

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
    1. Re:You surely "get the facts" by Anonymous Coward · · Score: 0

      The difference is that statements made by Microsoft are expected to be baised in favor of them.
      Groklaw likes to pretend to put forth objective unbiased analysis, but in fact it's a rabid Microsoft hating site. Its aricles aren't worth the toilet paper you used to wipe your butt with.

    2. Re:You surely "get the facts" by dwiget001 · · Score: 1

      You don't get out much, do you, Anon?

    3. Re:You surely "get the facts" by someone1234 · · Score: 1

      One has to make conscious efforts to not rabidly hate M$. Or have some monetary interest in them. Back in the DOS ages, there was a virus which replaced all 'microsoft' strings to 'machosoft' I was wondering why this wanton destruction was needed. Then a little later there was the stacker story, and the wordperfect story and experienced the utter crap called Windows 3.1/95. I didn't understand why would i want to 'upgrade'. I didn't, but i was forced. The trend continues, i'm forced to use^Hbuy their crapware (multiple times) when i don't want it. Have you ever read/heard about the 'halloween documents'? The sole thing they ever did well was visual studio (C++), but they managed to corrupt it as well.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
  14. Read the contract! by pedestrian+crossing · · Score: 1

    I care because I don't want to be forced to decide to ignore it or switch distros if they were to be next to sign an agreement with MS.
    Gee, maybe when you are considering a distribution, you should consider what kind of contract you are entering into when you weigh the pros and cons of the distro.
    --
    A house divided against itself cannot stand.
    1. Re:Read the contract! by farkus888 · · Score: 1

      http://wiki.archlinux.org/index.php/The_Arch_Way read it 3 or 4 times before my first install. more about the details than the philosophy like debians but thats more important to me until I see something that disagrees with my beliefs.

      --
      thats right, I rarely use capitals. deal with it. but don't mistake my laziness for stupidity
  15. Microsoft's adversarial behavior costs $$$, again. by Futurepower(R) · · Score: 1

    Yes, Linspire has become useless. What company wants that legal baggage? Once again, Microsoft is adversarial.

    The Groklaw analysis needs further translation. In my opinion, the contract says, effectively:

    1) Microsoft can do anything it likes.

    2) You have no rights.

    Microsoft operating systems need constant attention that costs 10x as much as the original sale price, in my experience. According to Microsoft, you have no right to a good product.

  16. At the end of the day you gotta ask: by n1hilist · · Score: 1

    Who owns *MY* computer? Me, or Microsoft?

    1. Re:At the end of the day you gotta ask: by Gabrill · · Score: 1, Troll

      You do. Have fun with your OS and software vacant electronics.

      --
      Always going forward, 'cause we can't find reverse.
  17. The other foot by Anonymous Coward · · Score: 0

    It's about time someone with a large patent portfolio started shaking down Microsoft customers. This party could do a deal with an OEM and threaten to sue end-users who purchased from anywhere else.

    Hey Microsoft, don't you just love it when a plan comes together?

    1. Re:The other foot by htd2 · · Score: 1

      And who would that be exactly. The only two names that come to mind are Sun and IBM. Now they could shake down a few MS customers but if they did they would also be suing their own customers since most large customers buy products from all three vendors.

      This is a rather unlikely scenario as no large suppliers like suing their customers because it is very bad for business. This also goes a long way to explain why MS are also unlikely to sue anyone either, that is unless they chuck Windows out in favor of Linux.

      Of course the safest option if you are really concerned about getting a letter from MS's lawyers is to go with Solaris/OpenSolaris Sun has a very large patent lead over Microsoft and MS is only too well aware that Sun is very happy to use it to defend their customers.

  18. Round the Twist by maskedau · · Score: 1

    "Have you ever, ever felt like this / Strange things happen when your going 'round the twist"

  19. Hit and Run. by delire · · Score: 1

    Unlike most other Linux distributions, Linspire was conceived primarily as a business enterprise. Consider this a buyout, albeit one that harms affirms FUD affecting all other distributions. Also consider how the beating that Linspire has taken from MS in the past may affect their willingness to stand strong in the face of MS threats now - however vacuous.

    While I won't miss Linspire I am interested to know the future of Robertson's only real valued contribution to the GNU/Linux family of operating systems - CNR. Perhaps Shuttleworth should click-and-run with it while he still can (though Klikit looks like a pretty good fallback).

  20. Missing the point... by Genda · · Score: 4, Insightful

    So I'm no Kreskin... but M$ has never been subtle about it's desire to pretty much play Mongul Horde all over the face of modern computing. I think this is clearly M$ pulling an old tried and true lan out of their own gamebook and simply reverting to business as usual. I'm guessing the plan will look something like;

    • Swallow a few tiny Linux distros whole, and at least assimilate them sufficiently to make certain that they can sing and dance like another Borg Drone.
    • Claim that they're just like all the other Linux players, except they have that fresh new minted by M$ smell, ummmmm can't you just smell it.
    • Play to the businesses that have migrated to Linux, and say "Y'all can come back home now, we're ready to give you want you're craving."
    • All the while embedding their own crap throughout these bastard Linux babies, copywriting and patenting new code and software functionality, and DRM, and spyware, and embedded bits of their toxic dreck throughout the distros.
    • They'll try to lay claim to things that don't belong to them, but they'll plead they were just trying to cover their proprietary code, muddy up the copywrite water and try desperately to tie real innovation up in a rats nest of layers, so in 5 to 7 years when they release their next real OS, Linux will be sufficiently hamstrung so they have a chance to compete. Or I'm guessing that's at least their hope.
    • In the meantime, they'll vascilate between pretending to play nice, making vague, obscure, or veiled threats, making strategic partnerships with folks who want to coexist peacably (with absolutely no intention of playing nice), and all the while looking for ways to slip a sharp instrument between the 5th and 6th rib of this upstart OS that has caused them so much grief.

    Have I missed anything? Probably. Y'know, if they put aside this whole Genghis Kahn, I gotta own the whole freakin world mentality, and just started committing themselves to doing good things for humanity... the rest would take care of itself. Oh well. This is going to be an interesting show! Who's got the popcorn!

    1. Re:Missing the point... by Anonymous Coward · · Score: 0

      It's copyRight, not copyWrite.

      Sorry, pet peeve.

    2. Re:Missing the point... by Tolkien · · Score: 1

      I've never read the book mind you, but your post sounds like it could come straight from Sun Tzu's Art of War. I wouldn't be surprised if Bill or Steve have read those.

    3. Re:Missing the point... by Anonymous Coward · · Score: 0

      This is the only thing you could find? There are more! I assume the poster was in a hurry or English is NOT his first langauge

  21. Linspire/Microsoft Agreement Useless to Users by LingNoi · · Score: 1

    Do we really need a slashdot story about this? I thought it was common knowledge that it was useless.

  22. Does Linspire have any market share? by jkrise · · Score: 2, Interesting

    A week ago, there was this article which said Microsoft excludes GPL3 from the Linspire deal, and I wondered whether Linspire had any significant userbase in the US

    That post got modded Interesting, but didn't get any replies, so I'm really not sure whether Linspire is alive in the corporate segment, which should be the segment that worries about patent suits... like SCO sued Daimler-Chryssler (?) and lost face.

    I can't imagine a company like Linspire would inspire any confidence in knowledgable markets like in Asia... The manner in which they caved in during the Lindows trademark dispute with Microsoft was suspicious and intriguing as well.

    At a guess, just how many customers does Linspire have, if any? A few hundreds? In which case, I think /. must simply ignore this deal and related news - it doesn't matter much.

    --
    If you keep throwing chairs, one day you'll break windows....
    1. Re:Does Linspire have any market share? by Anonymous Coward · · Score: 1, Informative

      The Wal-mart website sells PCs with Linspire as the OS on them, the last I checked.

  23. lets make Linspire retire... by 3seas · · Score: 1

    The agreement is contradictory to the GPL license.

    The Agreement is null and void because of the contradiction with the license.

    It should also be noted that Microsoft ... bill gates got his start by porting BASIC and then yelling piracy because he wasn't delivering in a reasonable amount of time.

    Second was the sale of MSDOS to IBM but Microsoft did not, at the time of selling it to IBM, own it nor had they even contacted the creator if it.

    Is this another example of MS profiting off of what they do not own or have a right to?

    Of course it is and it shows what scum Microsoft really are.

    Trying to use and agreement that invalidates a license while using libel against the software developer with claims of piracy - patent infrigment on what is by nature not patentable but itself "software patents" an act of fraud supported by the US government. And MS does not present any proof of what is supposedly infringed.

    Really people, this is the essence of Microsoft. What they are doing should be pursued legally as it certainly is an intentional consumer deception at various levels.

    MS is still attacking Open source software. Make no mistake between what they say and what they do.

    1. Re:lets make Linspire retire... by LeadSongDog · · Score: 1

      Is this another example of MS profiting off of what they do not own or have a right to?
      Why sell what you don't own when you can make more by licensing it out?
      --
      Oh, I'm sorry sir, I thought you were referring to me, Mr. Wensleydale.
  24. Ya gotta ask? by Tony · · Score: 2, Funny

    Okay, when you install MS-Windows, what icon do you get on your desktop?

    That's right. "My Computer." (Among others. Stop yer quibbling.)

    Who owns that icon?

    That's right. Microsoft.

    --
    Microsoft is to software what Budweiser is to beer.
  25. So what? by ajs318 · · Score: 2, Interesting

    Hopefully this will just put people off using Linspire, which is no big deal in the long term. Last I checked, Linspire was full of all manner of nasty closed-source shite which the world would be better off without. If the Debian developers aren't pissed off to the back teeth at the way some people (and not just Linspire) have bastardised their "100% i-tal forever" distro, they deserve sainthood in at least as many religions as there are platforms on which Debian runs.

    Never forget, it was Linspire who provided a lot of the funding for Pidgin when it was called Gaim (which was so staunchly GPL that they didn't even make the usual OpenSSL exception; it was GNUTLS or no MSN), then -- as soon as they realised that the terms of the GPL meant they could never get the code all to themselves, cage it up and take away the Source Code -- left the developers right in the lurch with the AOL lawsuit.

    Fortunately, the GPL prevailed; the developers were able to fork their own code and give it a new name, but it just goes to show how some people will double-cross you at the last minute.

    --
    Je fume. Tu fumes. Nous fûmes!
    1. Re:So what? by Darundal · · Score: 1

      I never knew that pidgin was a fork. I thought it was officially gaim, only with a name change. At least according to wikipedia http://en.wikipedia.org/wiki/Pidgin_(software) and the sourceforge page http://sourceforge.net/projects/gaim.

  26. Unusable? by Blakey+Rat · · Score: 1

    Essentially, under the agreement Linspire software is almost unusable: 'You can't share the software with others, pass it on with the patent promise, modify your own copy, or even use it for an "unauthorized" purpose,

    Wow, it's unusable. The only thing you can do is... use it. WTF?

    New functionality means you lose your coverage or presumably must pay again.

    New functionality presumably must pay again? How does a software upgrade pay a bill?

    1. Re:Unusable? by Anonymous Coward · · Score: 0

      If you can't learn to read properly, don't post claiming it makes no sense.

  27. Ah! I think I see your problem. by Tony · · Score: 2, Interesting

    A Microsoft contract limits what you can do with what they perceive to be their property.

    This is the crux of the matter.

    They do *not* "perceive [it] to be their property." They *claim* it is their property, but refuse to prove in any way, shape, or form that it *is* their property.

    So.

    The rest of your post is essentially mumbling about contract law, of which you come close to admitting you know almost nothing. You are saying your opinion is worth more than someone who actually knows something about contract law?

    There was no misinformation about the Groklaw post. PJ stated that the Linspire/Microsoft deal, which was touted as something good for the customer, is in fact *bad* for the customer. The customer is actually purchasing a product that is hobbled, and actually *using* the product pretty much voids the whole Linspire/Microsoft "value-add."

    It was actually a very good dissection of the agreement, as it affects the customer. It shows that Microsoft most definitely got the better of the deal, and Linspire and their customers kinda got shafted.

    But, anyone who deals with Microsoft ends up getting shafted.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:Ah! I think I see your problem. by Anonymous Coward · · Score: 0

      It shows that Microsoft most definitely got the better of the deal, and Linspire and their customers kinda got shafted.


      actually, the linspire customers got shafted and and some not so high technology knowledgable, risk averse business leaders got shafted with the perception of msft owning some undocumented parts of linux.

      i'll bet msft paid linspire their 20 pieces of silver in full for the effort, though.
    2. Re:Ah! I think I see your problem. by Kjella · · Score: 1

      Wether they are actually covered by the deal or not I don't think matters, since it'd go directly against Microsoft's strategy of "pay us money or else...", I think everyone got what they wanted. Microsoft got their way, Linspire's customers got their imagined need for indemnification satisfied and Linspire was happy to take their cash for it. Microsoft gets to play their FUD, Linspire gets the quick cash and the customers... well, they're probably the kind who buys monster cables for their $200 stereo.

      --
      Live today, because you never know what tomorrow brings
  28. We hates it by Tony · · Score: 1

    Yeah. Because we *hate* when people back up their opinions with facts.

    --
    Microsoft is to software what Budweiser is to beer.
  29. SCO conspiracy theory by Tony · · Score: 3, Insightful

    Who do you think started the SCO lawsuits?

    SCO was a trial balloon for Microsoft. Though Microsoft's pipe fairy, SCO got a hot cash injection. They started making wild claims, which drove their stock up quite nicely, thank you.

    Then they started suing, and everything went downhill. SCO discovered they actually had to *prove* something. So, we've been fortunate enough to witness a corporation spinning faster and faster until rotational velocity rips it apart. It's kinda cool.

    Here's what Microsoft learned from SCO: *accusations work.* They work very, very well. Make vague, unsubstantiated claims. Oh, don't go as far as Darl McBride. He's an ass. Instead, insinuate. Make a few direct claims, let those claims disappear, then play on the doubt those claims left behind.

    It's working surprisingly well. The one thing that's backfiring, though, is that Microsoft has associated their name with Linux, in a strange approving sort of way. This is PR that Linux couldn't buy. I have non-geek people asking me about Linux these days, people who'd never heard of it before.

    Anyway, Microsoft will never take this to court. They would be complete fools to disregard the SCO effect.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:SCO conspiracy theory by init100 · · Score: 1

      I don't think Microsoft was involved in the beginning of the SCO campaign. They just quickly saw this as a perfect opportunity to help slowing down Linux adoption in the marketplace, and thus started sponsoring SCO in various ways. First the initial "IP license" money, and then the BayStar investment money.

  30. Re:Windux - the clean OS (Lindows the Surname) by Anonymous Coward · · Score: 1, Interesting

    Can't see why they went and buckled over the name, after all Lindows is a Surname which goes back some to the 1300's in the UK.
    www.familysearch.org has 3 people with the surname of 'Lindows'.

    1. DANIELL LINDOWS - International Genealogical Index / GE
    Gender: Male Christening: 29 JAN 1607 Konigsberg In Neumark, Brandenburg, Preussen
    2. GERTRUD LINDOWS - International Genealogical Index / GE
    Gender: Female Christening: SEP 1620 Konigsberg In Neumark, Brandenburg, Preussen
    bothe the children of JUERG LINDOWS and VRSULA MEKELBORGE.

    Also the Surname of 'Lindow' has loads of people from all over the world, including the USA, Canada, Sweden, Denmark, Germany, Australia and China with various spellings of the name.

  31. Want in one hand.... by Tony · · Score: 0

    If anything, these events can only reinforce his views that he wants "to see Microsoft broken on the wheel not by government fiat but by enlightened consumer choice".

    Uhm... I'd like everyone in the world to realize that getting along together is the only hope of making it out alive. How likely is *that*?

    "Enlightened consumer choice" is an oxymoron. There tain't no such thing.

    --
    Microsoft is to software what Budweiser is to beer.
    1. Re:Want in one hand.... by drinkypoo · · Score: 1

      Uhm... I'd like everyone in the world to realize that getting along together is the only hope of making it out alive. How likely is *that*?

      Nobody gets out of life alive.

      If you mean the survival of the corporate entity Microsoft, that is not desirable.

      "Enlightened consumer choice" is an oxymoron. There tain't no such thing.

      Sure there is. Tons of people try to do the right thing, which is the first step. For example people who don't seem to care about polluting their bodies do purchase organically-labeled foods in an effort to reduce their impact on the environment. The problem is that the term 'organic' has been co-opted by the 'powers that be' (though the FDA and USDA) and it really means basically nothing - by government edict. The system is set up to defeat altruism, that's why it's so successful. When you try to do the right thing, odds are you're actually working against yourself. It's possible to be sufficiently educated or even just informed to avoid it, but it's very difficult and takes up a lot of time.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  32. Re:Groklaw?? How about objective analysis instead? by VGPowerlord · · Score: 1, Flamebait

    I'm not the anonymous user you're replying to, but PJ has little credibility with me.

    PJ started losing credibility when she started calling things like an OO.o plugin made by Novell a fork of OO.o. Her exact reasoning is "It may not be what it says, but to me it's what it means." and "To me, it's a fork because of the patent deal."

    Then stories that are blatant Microsoft bashing, like A Brave New Modular World - Another MS Patent Application, started popping up.

    Then the GPLv3 posts started popping up.

    One of the moments I remember the most is when PJ accused Linus of "enabling the Microsoft patent strategy" by remaining with the GPLv2, at which point I lost all respect for her.

    So no, Pamela is not an unbiased source, particularly not when it comes to the GPLv3... and it's not surprising, since she was on one of the committees that created it.

    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  33. Microsoft is a dead company by Anonymous Coward · · Score: 0

    Microsoft is a dead company. the stink of the cadaver is still strong. today they're nothing more than a giant law firm that owns some terrible expensive software and does government surveillance on users. They are so far from innovation and relevant productive computing, it is GAStly. Repeat repeat Microsoft is a dead company. Seriously, at this point isn't the objective of their government enabled, and funded through use of the (shit), monopoly, isn't the point now to have consumer desktop that can be spied upon?

    As far as Linspire, c'mon it was a joke to begin with: linux with paid subscription software and ungrades. I just wonder how in the hell they got this far??? Utterly perverse. And now they got their check from the man so they can go away. Using Linux to extort money from the public through Microsoft. Beats working for a living, right? Everyone wants in on the new deal. Hurry hurry think of a tech-age scam. Sell pixels, invent a social networking site or even a popular blog with ad revenue. Get yours, I got mine. Is that it?

  34. Who is Linspire? by BanjoBob · · Score: 1

    No really. Who is Linspire to those of us that use Linux?

    The people I know that Linux don't use Linspire. They use Suse, Red Hat & Fedora, Ubuntu, and a host of other distros. Most of us get downloads from Linux archives, release company's sites or distro sites. I've never seen Linspire on any of those.

    I remember some rumblings about them being sold at Walmart but I have never seen a Linspire box at any of our Walmarts. I didn't even realize Linspire was still around.

    So, do they even have any market share today? Anybody really use it? Hardly anybody uses it now and if this deal causes more people to shun them, will anybody even notice? Who is Linspire anyway?

    --
    Banjo - The more I know about Windoze, the more I love *nix
    1. Re:Who is Linspire? by halber_mensch · · Score: 1

      So, do they even have any market share today? Anybody really use it? Hardly anybody uses it now and if this deal causes more people to shun them, will anybody even notice? Who is Linspire anyway?

      I think there is a problem with this thinking. MS will want to own Linux if it can to deny it market share. If it can't own it, it will kill it. They make good headway on plan B by eliminating fringe distributions one by one by tainting them to the point that users abandon them.

      It's especially dangerous in the business market, where Microsoft could corral up the business customers of defunct Linux distributions, and say "hey, you have a covenant agreement with Microsoft, and we hate to see your business suffer through the death of your software provider. Microsoft will be more than happy to give you a discount on a Microsoft partnership in the interest of your business needs." BOOM. They've regained customers by killing their software support and baiting them back in under the pretext of their "Covenant", because business users LOVE partnerships and agreements and will trust them all the way to bank. They know that's the only reason Linux users would approach a distribution with a Microsoft covenant in the first place. Once the user is left with nowhere to run in the middleground between MS and the OSS world, the little liferaft MS will throw at them is more than enough to swing wayward business customers back to the dark side.

      --
      perl -e "eval pack(q{H*},join q{},qw{70 72696e74207061636b28717b482a7d2c717b343 637323635363534323533343430617d293b})"
  35. Not quite by Anonymous Coward · · Score: 0

    DeCSS is legal in Norway, but only because Norway requires the DRM to be "strong," which the courts have decided that CSS is not. DeCSS is still illegal in the EU and the UK however, thanks to the EUCD. The only perceivable difference with regards to circumvention, becides the "strong" DRM argument that can be made in Norway, is that the EUCD must be adopted and enforced by the EU member states, whereas the DMCA, as a federal law, has its own enforcement within the US.

    1. Re:Not quite by ajs318 · · Score: 1

      In the EU and UK, it is not illegal to use DeCSS to watch a DVD that you rightfully own. The content is encrypted, for sure, but the owner of the disc is the rightful recipient of the encrypted message and therefore is entitled to perform any necessary act in order to view it. Anyone attempting to stop them is almost certainly violating consumer protection law.

      --
      Je fume. Tu fumes. Nous fûmes!
    2. Re:Not quite by Anonymous Coward · · Score: 0

      EUCD, implements the WIPO copyright treaty basically the same way as the Norwegians.
      Afaik only the US implementation (DMCA) defines an "effective prevention measure" as pretty much one existing at all.

      Anyway, iirc, it shouldn't matter much because the Norwegian aquittal was based on the interoperability loophole. This exists in the US DMCA as well.

      Standard disclaimer: Legal advice at Slashdot is probably worth as much as you payed for it...

  36. DRM formats are a "feature" to users by blueZ3 · · Score: 2, Interesting

    My wife is a good example. She has an older Dell laptop but long admired my PowerBook, and wanted a new laptop for her birthday. So we bought her a MacBook Pro.

    So I set it up for her (which mostly involved adding the MAC address to the wireless access list and installing a couple of apps) and turned her lose with it. Almost the first comment she made to me was that her favorite site (some home design TV show thing) wasn't showing the videos. Sure enough, HGTV's Design Star (I think it's called) site uses a codec that's not supported in Safari. Flip4Mac solved this, but I don't think it's reasonable to expect a less-technical user like my wife to figure out that a video codec is unsupported, discern that an application is needed to enable playback, then find, download, and install that app. Especially on "less-friendly" distros of Linux.

    I agree with your assertion that the market will decide, but I wouldn't rule out the average user finding it annoying when something on the Internet that "always worked before" doesn't work on first boot. Whether that "first boot" experience is a factor in purchasing is something else.

    --
    Interested in a Flash-based MAME front end? Visit mame.danzbb.com
    1. Re:DRM formats are a "feature" to users by ozmanjusri · · Score: 2, Insightful
      I don't think it's reasonable to expect a less-technical user like my wife to figure out that a video codec is unsupported

      Lots of videos don't work out of the box on Windows either. People either chase down the codecs themselves or get their resident geeks to get them. Many also end up with trojans or viruses like Zlob as a result.

      Clicking the Automatix link in Ubuntu doesn't seem that difficult to me, and it's certainly much safer than playing codec roulette on Windows.

      --
      "I've got more toys than Teruhisa Kitahara."
  37. Let's call it what it is... by Anonymous Coward · · Score: 0

    Let's call it what it is...

    Limpspire.

  38. What will happen to Linspire/Ubuntu partnership? by mohanbabu · · Score: 1

    http://www.linspire.com/lindows_news_pressreleases _archives.php?id=213/
    Ubuntu 7+ is supposed to be using Linspire's CNR technology (Is it?). How does the Linspire/MS agreement affect Ubuntu (since they have refused to sign anything wiht MS). Has anything happened in this scenario? I'm not aware of any. Please correct me if I'm wrong.

  39. How about making it better? by Anonymous Coward · · Score: 0

    Since Groklaw's PJ isn't "objective" enough, it should be easy for you delivering such an objective analysis of the Microsoft-Linspire covenant. I have read PJ's "non objective" analysis and while I'm not a lawyer, I have to say that her arrows seem to hit the mark. Now I'm waiting for you delivering really objective insight into the Microsoft-Linspire deal.

    BTW: For me it looks like Linspire now is in similar comfortable position, an insect sitting on freshly glued fly paper is. They wanted to taste that yummy stuff they were smelling but what they got was a douche of deadly glue delivered by Microsoft's clever lawyers.

    How stupid (or desperate?) do you have to be signing such a contract? Or did Linspire hire its lawyers at the homeless shelter? (Not to insult homeless people. They probably are making cleverer decisions when it comes to things which really matter for their survival).

    R.I.P Linspire.

  40. Re:What will happen to Linspire/Ubuntu partnership by LingNoi · · Score: 1

    It doesn't effect anything..

    Read Mark's blog he posted about this ages ago...

    With regards to the CNR technology what is the big deal. Linspire rsyncs Ubuntu debs and allows people to download them and pay for some commercial packages on a website. Hardly a "deal". I'm still going to use apt-get anyway.

  41. What were they thinking? by WeeBit · · Score: 1

    Linspire is no longer a Linux "Opensource" Product. Shame on them!

  42. Re:Groklaw?? How about objective analysis instead? by Anonymous Coward · · Score: 0

    Actually, she's correct about the OO.org fork. Can you fully read the documents created in a Novell OO.org (with it's MS enhancements) in a normal OO.org?

  43. How about objective analysis yourself? by Anonymous Coward · · Score: 0

    What you wrote speaks to expertise, not bias.

    Having a point of view when you know a great deal about a subject
    is normal. It doesn't invalidate the analysis. On the contrary.

  44. Umm... by Anonymous Coward · · Score: 0

    You do realize that pretty much everyone (could) have had input on the GPLv3, right? Hell *I* had an impact on it (I was the first to bring up internationalizing the M-M Warranty Act section) and I'm a non-lawyer nobody from the internet.

    Anyhow, you bring in a lot of claims of bias, but where are the facts wrong? That's what I care about. I don't care that you disagree, but how doesn't the patent deal split the community? I mean, no one would be arguing if it didn't... right?

    And just why do you think it's unfair to bash Microsoft for patenting OS-based adware? Stuffing adware into the OS is exactly the kind of Google-killing thing they're after, so I don't think they'll just sit on the patent. And Google is #1 on their enemies list if you've ever heard Ballmer. After all, what better way to go after Google than to take a slice of their ad revenue? Same deal with the Windows search: it became a priority after Google desktop cut into "their" turf. Forget the crap about it being anti-trust or not, you *know* it means they're out to crush Google. Hell, it was Google where we got the whole chair-throwing episode from, remember?

    Anyhow, you're behind the times on the GPLv3, even Linus isn't slagging it any more, although he's not looking to switch right now. Old flamebait stories cobbled from ancient LKML threads aside, most of the fuss has died off.

    So enough with the bias. If you want to convince me that someone isn't credible, give me some wrong facts to back it up. The only thing you've shown me is that you disagree with her opinions. Surely you can find at least one fact that proves her wrong? After all, to have a different opinion, you should be basing it on some sort of fact... right?

  45. Re:Groklaw?? How about objective analysis instead? by Chris+Burke · · Score: 1

    Weird, sounds to me like you have a bias on the GPLv3 issue yourself that colors your opinion of Pamela's opinion as "bias". After all, the part where you "lost all respect for her" was due to her saying something that is factually true -- GPLv2 would allow MS' strategy of inserting patent-encumbered code into GPL software then suing users of said software. The only thing that could make that an "accusation", as if Linus was deliberately trying to help Microsoft, is your own bias.

    She wasn't accusing Linus of helping MS put patent landmines in the Linux Kernel. She was asking if Linus' concerns regarding the GPLv3 were worth leaving Linux (legally) exposed to the possibility of patent landmines by sticking with GPLv2. Which is a perfectly reasonable question.

    --

    The enemies of Democracy are
  46. AHAH by sybesis · · Score: 1

    PWNED

  47. Linspire should just expire. by falconwolf · · Score: 1

    I bought a PC with Linspire preinstalled less than a year ago, now I'm thinking it was a bad idea. The company that built the PC no longer installs any Linux distro on PCs. Now Linspire is screwing around too. I'm glad I decided to get a Macbook Pro for a laptop.

    Falcon
  48. it's not quite that simple. by falconwolf · · Score: 1

    It is if you use Automatix.

    Ah but you still have to install Automatix and how many people new to Linux will be able to install it without giving up?

    Falcon
    1. Re:it's not quite that simple. by ozmanjusri · · Score: 1
      how many people new to Linux will be able to install it without giving up?

      1. Download the Automatix .deb file.
      2. Double click the .deb file.
      Yes, I can see how that might stump MS shills. The rest of us will be ok though.
      --
      "I've got more toys than Teruhisa Kitahara."
    2. Re:it's not quite that simple. by falconwolf · · Score: 1

      how many people new to Linux will be able to install it without giving up?

      1. Download the Automatix .deb file.
      2. Double click the .deb file.

      Yes, I can see how that might stump MS shills. The rest of us will be ok though.

      ah, so all Linux distros can install .deb files? And here I thought that like .rpm installs the distro had to have a utility installed that opens and install .deb files. I didn't know Linux didn't need any utility for .debs. Ah, according to the debian site the utility dpkg is needed to unpack and install .deb files. Looks like you're a Linux shill.

      Falcon
    3. Re:it's not quite that simple. by ozmanjusri · · Score: 1
      Looks like you're a Linux shill.

      The discussion was specific to Ubuntu and Linspire.

      The market will decide between truly free software like Ubuntu, which requires users to jump some admittedly easy hoops before playing restricted media, or Linspire, which makes media playing immediate, at the expense of giving up freedoms. Ubuntu is based on Debian and includes dpkg in the base install.
      --
      "I've got more toys than Teruhisa Kitahara."
  49. switching by falconwolf · · Score: 1

    Using MS Windows for so many years is *why* I switched to Linux.

    Same here, with one change: "is *why* I am switching to Linux and Macs."

    Falcon
  50. Re:Groklaw?? How about objective analysis instead? by VGPowerlord · · Score: 1

    Weird, sounds to me like you have a bias on the GPLv3 issue yourself that colors your opinion of Pamela's opinion as "bias". After all, the part where you "lost all respect for her" was due to her saying something that is factually true -- GPLv2 would allow MS' strategy of inserting patent-encumbered code into GPL software then suing users of said software. The only thing that could make that an "accusation", as if Linus was deliberately trying to help Microsoft, is your own bias.

    She wasn't accusing Linus of helping MS put patent landmines in the Linux Kernel. She was asking if Linus' concerns regarding the GPLv3 were worth leaving Linux (legally) exposed to the possibility of patent landmines by sticking with GPLv2. Which is a perfectly reasonable question.

    I'm biased against the GPLv3 because it tries to step beyond the law.

    Example: "To 'convey' a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying."

    This particular gem was put there to try and trap Microsoft due to the Novell-Microsoft deal. I'm no Microsoft lover, but this is a brazen attempt to bypass existing copyright law. Just try taking it to court. TRY IT. I dare you. If it's in the US, I'll even pay for a plane ticket just to watch your face get metaphorically slapped by a judge.

    A license is used to grant rights that someone wouldn't already have. I don't need it to buy or receive your product. I don't need it to sell or give away your product either, thanks to the doctrine of first sale (Title 17, Section 109 for US Copyright law). I need it to make and distribute copies. If someone else can legally make copies, they call sell them to me and I can resell them to others. Yes, that's conveying. No, I don't need a license for it. No, that's not against the law.

    Pamela would like you to think it is.

    Back to the subject of Pamela and the GPLv3, I think Linus put it best:

    Pj, You seem to still be in a "us vs them" mode.

    Why do you think the GPLv3 is the only "free" license?

    Why do you think that the GPLv2 is inferior?

    And why do you think that unquestioning obedience to the
    FSF is such a good thing, and we all have to march in one
    line?

    Of course, Pamela never replied to that.

    Linus brings up one point that I cannot emphasize enough: This shouldn't be an us versus them thing. We know who the enemy is (Microsoft), but we can't stoop to their level to stop them.
    --
    GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  51. linspire isn't any good? by falconwolf · · Score: 1

    I am no expert on that particular distro but I have always kinda assumed it was worthless.

    For those switching from Windows to Linux, Linspire is pretty good. I'm switching myself from Windows, to both Linux and OSX, and got a PC with Linspire preinstalled. Windows users will be comfortable with it, bootup and it looks resembles and acts like Windows. It's easy to install software after registering, just go to the CNR warehouse to select what software you want, then click one button to install the software. To uninstall click another button. If the warehouse doesn't have what you want Linspire can install .deb packages. If it only comes in an .rpm package Linspire has a download that converts then to .deb packages. Linspire also has legal codecs to play dvds as well as some proprietary software such as Crossover you can buy. I can't verify the quality of them but there are thousands of programs in the warehouse.

    at the moment I am very happy with arch and intend to keep using it for quite a while.

    While I have Linspire installed on one of my PCs, Redhat and Windows are on the others, I plan to install and try out Ubuntu on it also. Right now though I'm looking for a dvd drive for it.

    Falcon
  52. The discussion was specific to Ubuntu and Linspire by falconwolf · · Score: 1

    In my original post I asked "Ah but you still have to install Automatix and how many people new to Linux will be able to install it without giving up? ", I didn't specify Ubuntu or Linspire. Ah, going back up the thread I see the person you replied to did specify Kubuntu. However my question still stands, how many switchers will know how to install Automatix? I have Linspire and your post is the first tyme I heard of it.

    Ubuntu is based on Debian and includes dpkg in the base install.

    So is Linspire. That doesn't mean all Debian, Linspire, or Ubuntu users know dpkg is in the base install. I didn't even know what dpkg was until I looked it up after you mentioned it.

    Falcon
  53. Re:The discussion was specific to Ubuntu and Linsp by ozmanjusri · · Score: 1
    I didn't even know what dpkg was until I looked it up after you mentioned it.

    You don't need to know. It just works.

    Do you know how Windows handles .msi files when you double-click them?

    --
    "I've got more toys than Teruhisa Kitahara."
  54. Re:Groklaw?? How about objective analysis instead? by Chris+Burke · · Score: 1

    I don't need it to sell or give away your product either, thanks to the doctrine of first sale (Title 17, Section 109 for US Copyright law). I need it to make and distribute copies.

    You did notice that "convey" is defined to be a subset of "propagation", which is defined just above as that which would be copyright infringement, specifically making and distributing copies. "Convey" is a form of "propagation", and your reading it to mean the transference of a single instance of software without creating new copies a-la reselling your software is incorrect. Just like when copyright law itself talks about distributing a copy, they don't mean transferring a single legally acquired instance to someone else, they mean creating a copy, keeping the original, and shipping the copy off to someone else.

    Of course, Pamela never replied to that.

    Well she never said GPLv3 was the only free license, or that we had to do whatever the FSF said unquestioningly. And she had already explained why she felt v3 was superior to v2 on many occasions. So what would have been the point of replying? To brush off the flamebait then repeat herself?

    Linus likes to be pragmatic, not political, which is well and good. Linus' problem is that he thinks the two are mutually exclusive. The license that applies to your software has a huge effect on the practical uses for said software and on the practical development paths for that software. Linus is ignoring the flaws of the GPLv2 in an effort to be pragmatic, but that isn't pragmatic because that doesn't make the flaws go away and doesn't keep people from exploiting those flaws.

    A good example is his comments on the anti-tivo clause. We shouldn't use legal means to stop a use of technology, he argues, in particular because if you make it illegal then only the "good guys" are really prevented from using it and it's the good guys we want on the forefront of technology. Sound advice, except... If they are putting a modified Linux kernel into a hardware device and not releasing the source, thus violating the spirit if not the letter of the GPL, they aren't the good guys! So then Linus argues that these bad guys trying to keep the source secret aren't going to respect the law, right? Well we aren't talking about outlaws and gangsters, we're talking about software vendors who, presumeably, would like to be able to legally operate in this and other countries. Which is why the GPLv2 has been so effective, because yes we can actually stop people from violating it through legal means. Not having that leverage -- meaning what the "bad guys" are doing is perfectly legal according to the license -- is to have no recourse at all. How is that practical? It isn't. This is how Linus fails pragmatism.

    His and your admonition to not make this an "us versus them thing" after your initial post just reminds me of two arguing groups of Church officials both rushing to pull out the "What would Jesus do?" bit first.

    --

    The enemies of Democracy are
  55. installing software by falconwolf · · Score: 1

    I didn't even know what dpkg was until I looked it up after you mentioned it.

    You don't need to know. It just works.

    Do you know how Windows handles .msi files when you double-click them?

    No, I don't know how .msi files work, just that they do although not always that well. And uninstaller routines, when software has one, don't work well either. That's one reason I think OSX is better, there's no registry or dependents. An installer, .dmg, may put .plist files in the preferences folder but that's about it.

    Falcon
    1. Re:installing software by ozmanjusri · · Score: 1
      That's one reason I think OSX is better, there's no registry or dependents.

      So what is Applications/Utilities/Installer.app for?

      --
      "I've got more toys than Teruhisa Kitahara."
  56. Dead by Anonymous Coward · · Score: 0

    This distro has committed suicide.

  57. what is Applications/Utilities/Installer.app for? by falconwolf · · Score: 1

    I have no idea, I never heard of it. Since it's been more than 10 years since I've installed software on a Mac, things may of changed. But as of a few months ago I've heard about the only think you need to do in install software in OSX is create an app folder in the Application folder and drag the .dmg file there. Maybe I heard wrong, I'm going to find RSN as I plan on getting a Macbook Pro.

    Falcon
  58. Re:what is Applications/Utilities/Installer.app fo by ozmanjusri · · Score: 1
    Maybe I heard wrong, I'm going to find RSN as I plan on getting a Macbook Pro.

    You probably heard (mostly) right. I have, and support, Linux WinXP/Vista and OSX machines here. Quite frankly, after a smallish learning curve, there's almost no difference transitioning between them.

    Windows is the most troublesome over the long haul, mostly because of malware, but choosing between the other two comes down to taste. I prefer Linux for the customisability myself, but if you're struggling with the flexibility freedom buys you, a Mac's not a bad choice.

    --
    "I've got more toys than Teruhisa Kitahara."
  59. Linux, Macs, and Windows by falconwolf · · Score: 1

    Windows is the most troublesome over the long haul, mostly because of malware, but choosing between the other two comes down to taste. I prefer Linux for the customisability myself, but if you're struggling with the flexibility freedom buys you, a Mac's not a bad choice.

    I'm typing this on a Windows PC. I've also got three other computers. One is a PowerMac running Mac OS7, but it hasn't worked in about 1 1/2 years. Another is a dualboot DEC Alpha running NT4.0 and Redhat. The fourth one is a PC running Linspire Linux I bought about 10 months ago. I haven't used it much other than for storage, I added a second hdd of 750GB for the home directory. When I get a new MBP I'll setup the PC as a server and test machine but mainly use the MBP.

    Falcon