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Microsoft Finally Bows to EU Antitrust Measures

Rogue Pat writes "Microsoft ended three years of resistance on Monday and finally agreed to comply with a landmark 2004 antitrust decision by the European Commission. Competitors will be able to buy interface protocols for 10.000 Euro to make their software work better with Windows. Moreover, Microsoft won't appeal the 500 million Euro fine any further."

365 comments

  1. Microsoft should have payed the fine by Anonymous Coward · · Score: 5, Insightful

    If they had started paying it initially, with the decrease of the dollar and increase of the euro, it would have saved them a lot of money.

    1. Re:Microsoft should have payed the fine by Anonymous Coward · · Score: 0

      The fine in obviously euro, it's European court you know. So it's gona hurt more and more, not less and less...

    2. Re:Microsoft should have payed the fine by clickety6 · · Score: 2, Insightful

      Well, the $ has falled roughly 15% against the Euro since then so on the initial fine of roughly 500 million euro they could have saved approximately 75 million euro by paying on time. (All figures very very approximate!) Plus the extra 280 million euro they got fined last year as well! They could have financed development of the XBox720 for that much! ;-)

      --
      ----------------------------------- My Other Sig Is Hilarious -----------------------------------
    3. Re:Microsoft should have payed the fine by jimstapleton · · Score: 1

      Might I suggest against commenting on the literacy of others?

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    4. Re:Microsoft should have payed the fine by hankwang · · Score: 5, Informative

      If they had started paying it initially, with the decrease of the dollar and increase of the euro, it would have saved them a lot of money.

      They already paid directly after the EC decision three years ago. The money was placed on a special bank account where neither the EU nor MS could touch it until the decision by the European Court.

    5. Re:Microsoft should have payed the fine by Anonymous Coward · · Score: 2, Funny

      "has falled"

      Is that you, George?

    6. Re:Microsoft should have payed the fine by Anonymous Coward · · Score: 1, Funny

      user is havening a problem with falled dollars

    7. Re:Microsoft should have payed the fine by truthsearch · · Score: 1

      Yet another reason investors should not be buying Microsoft stock.

    8. Re:Microsoft should have payed the fine by DeepZenPill · · Score: 1

      Plus the legal fees...

    9. Re:Microsoft should have payed the fine by plague3106 · · Score: 1

      Correct me if I'm wrong, but how will affect Microsoft Inc., in the US, or Microsoft's European headquarters? I would think the latter.

    10. Re:Microsoft should have payed the fine by nschubach · · Score: 1

      Can someone read this last post out loud for me?

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    11. Re:Microsoft should have payed the fine by LordSnooty · · Score: 1

      Wonder who pockets the interest?

    12. Re:Microsoft should have payed the fine by LaughingCoder · · Score: 1

      15% currency devaluation since 2004? If MSFT invested the 500 million since then they would be way ahead of the game; they easily would have (and probably did) exceeded a 15% return over 3 years. Of course the extra $280 million is a little harder to account for.

      --
      The more you regulate a company, the worse its products become.
    13. Re:Microsoft should have payed the fine by Orange+Crush · · Score: 1

      Wonder who pockets the interest?

      They probably had to place it in a non interest-bearing account--so the bank probably got to pocket the interest.

    14. Re:Microsoft should have payed the fine by KDR_11k · · Score: 1

      Depends on whether the stock covers only the US branch or everything that's part of MS.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    15. Re:Microsoft should have payed the fine by plague3106 · · Score: 1

      Again, I could be wrong, but I believe stock can only cover what's in the US, if the stock is being held in the US.

    16. Re:Microsoft should have payed the fine by truthsearch · · Score: 3, Insightful

      They aren't two completely independent companies. And the issue for investors isn't directly the small hit to Microsoft's purse or which division of the company pays. But rather their choice to fight for market share at just about any expense. Often times playing friendly is more profitable long term.

    17. Re:Microsoft should have payed the fine by Anonymous Coward · · Score: 0

      The fine was probably due to be payed from the day it has been set plus interest from that day on. The interest should be about the same (typically 4% or so) as they would get from a bank account.

    18. Re:Microsoft should have payed the fine by GuidoW · · Score: 1

      If they had started paying it initially, with the decrease of the dollar and increase of the euro, it would have saved them a lot of money.

      I'm certain holding on to those interface protocols for three years longer was worth a whole lot more to them than what they could have saved here.

      --
      If it's so secret, then how come I've never heard of it?
    19. Re:Microsoft should have payed the fine by notaprguy · · Score: 1

      Guess what? They paid the fine years ago so this is a non-issue. The issue is the pricing for the protocols.

    20. Re:Microsoft should have payed the fine by greenbird · · Score: 2, Funny

      15% currency devaluation since 2004? If MSFT invested the 500 million since then they would be way ahead of the game; they easily would have (and probably did) exceeded a 15% return over 3 years.

      Not if they invested it in the development of Vista.

      --
      Who is John Galt?
    21. Re:Microsoft should have payed the fine by legirons · · Score: 2, Interesting

      But can Samba (Microsoft's only competitor here) use the information?

      http://www.groklaw.net/article.php?story=20071022114731199

      Not if you don't want to be paying Microsoft for each copy

    22. Re:Microsoft should have payed the fine by falconwolf · · Score: 1

      Again, I could be wrong, but I believe stock can only cover what's in the US, if the stock is being held in the US.

      What happens to a stock traded in one place affects the stock all around the world. Not that I know it is, but I wouldn't be surprised if MS stocks were traded on exchanges in China. Also in the US there are American Depositary Receipts which allows US investors to invest in foreign companies, it's easy to imagine that other countries have similar ways to invest in foreign companies.

      Falcon
    23. Re:Microsoft should have payed the fine by Quikah · · Score: 1

      No. The stock covers the company as a whole. There are companies listed on the NYSE and NASDAQ with 0 US presence.

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      Q.
    24. Re:Microsoft should have payed the fine by Anonymous Coward · · Score: 0

      You would have to look at the structure of the foreign (foreign to the US parent company) to determine that. Technically it would be a seperate corporate entity, but that entity could be wholy owned by the parent company in the US.

      If that is how it is structured, then MS could just close up shop, and declare bankruptcy in the foreign company, however, MS would probably lose the right to sell its software there. Continued business is probably a beneficial point for MS so it would just come out of the big pot of money in Redmond.

    25. Re:Microsoft should have payed the fine by edxwelch · · Score: 1

      where did you hear that? Do you have a link?

    26. Re:Microsoft should have payed the fine by hankwang · · Score: 1

      MS paid it: http://www.news.com/2100-1014_3-5255715.html ; I read about the bank account in the newspaper (as in: the paper version), as a side note to an interview with EC commissioner Kroes. Sorry, no link.

  2. Took long enough... by Anonymous+Brave+Guy · · Score: 5, Insightful

    I think the saddest thing here is that it seems to take us three years to enforce a judgement against a major corporation, and even then the reporting in the media is all written as if Microsoft have kindly agreed to co-operate and not as though they've been forced to accept the judgement of a court that found they had done wrong and ordered them punished for it. If legal systems are this slow, it's no wonder people get concerned about the power of megacorps and that we see everyone from Big Software to Big Media taking some pretty major liberties with things like antitrust law.

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    1. Re:Took long enough... by EveryNickIsTaken · · Score: 1

      This is the EU we're taking about here, so I wouldn't exactly go nuts about this (IMO). If the EU folds before the payment is made, is it still owed?

    2. Re:Took long enough... by mdwh2 · · Score: 0, Redundant

      Agreed - if an individual running a business broke the law, they risk getting sent to prison. Imagine a common criminal refusing to comply with the law - you'd never hear it written up as "finally agreed to comply". The full weight of the law would come down of them, and they'd have no choice in the matter.

      Maybe if bailiffs raided the assets of Microsoft European offices, or those obstructing the course of justice were charged accordingly, they might start "complying" a bit more. But no, we can't go treating big companies the same as you or I...

    3. Re:Took long enough... by PenguSven · · Score: 2, Insightful

      If the EU folds before the payment is made, is it still owed? You're kidding right? the EU is the largest economy in the world.
      --
      What is...?
    4. Re:Took long enough... by Arthur+B. · · Score: 0, Offtopic

      I think the saddest thing is that people don't even question the justness of laws anymore.

      If I have a secret, I don't care what the antitrust european court says, it's my secret, they shoudln't take that nor my money away for me.

      --
      \u262D = \u5350
    5. Re:Took long enough... by Anonymous Coward · · Score: 0

      If I have a secret, I don't care what the antitrust european court says, it's my secret, they shoudln't take that nor my money away for me.

      No, they shouldn't and they won't, because you, unlike MS, are not a convicted monopolist using your monopoly to illegally prevent competition. So you don't need to worry.

    6. Re:Took long enough... by rucs_hack · · Score: 1, Insightful

      in many cases you would be right, but in this case that secret is important information that is holding back anyone else from being able to compete fairly with Microsoft on the dominant platform, which Microsoft also control.

      It is analogous to making and selling the only car most people use, but refusing to tell anyone else how to make the best petrol for it, so no-one buys petrol from the competition, or if they do its not as good. Sooner or later someone is going to start complaining of monopoly.

      No-one is asking Microsoft to hand over all their secrets, and no-one is asking that they do so for no money. All that is required is that they not abuse their dominant position.

    7. Re:Took long enough... by jackharrer · · Score: 1

      And at least EU have guts to stand against MicroSoft. Government of USofA hasn't.
      Plus consider it a landmark case - it's always easier to enforce any rulings if you have a precedent. Especially a precedent that prooves that a convict IS a monopolist who hasn't played fair.

      I wonder what the next case is going to be. Maybe unfair pricing in OEM market? There was a case in France recently...

      --

      "an experienced, industrious, ambitious, and often, quite often, picturesque liar" - Mark Twain
    8. Re:Took long enough... by mgblst · · Score: 4, Insightful

      If I have a secret, I don't care what the antitrust european court says, it's my secret, they shoudln't take that nor my money away for me.

      If you are in the US, then this is damn hilarious. The US, where toture has become accepted practice to obtain secrets.

      Microsoft can keep there secrets, but it is going to cost them. They are free to get up and leave Europe, I am sure we will do fine. The simple fact is, that if they did that, then a huge amount of effort would be put into getting Linux as a perfect replacement. This would weaken Micrsofts stronghold on the rest of the world as well.

    9. Re:Took long enough... by Daimanta · · Score: 1, Insightful

      Fine if you want to keep it a secret, stay out of the EU. Nobody is forcing you to start a business.

      --
      Knowledge is power. Knowledge shared is power lost.
    10. Re:Took long enough... by gmack · · Score: 1, Insightful

      If I have a secret, I don't care what the antitrust european court says, it's my secret, they shoudln't take that nor my money away for me.

      Except that there is no justifiable reason for keeping it a secret since pretty much all of their "secrets" were proprietary extensions based on already known protocols. In fact, some of those protocols were items Microsoft pushed onto the standards track themselves so they have no excuse really.

    11. Re:Took long enough... by Anonymous Coward · · Score: 4, Interesting

      Uh. The USA is a LOT closer to folding than the EU. The EU, not the USA, is the largest economy in the world, and while people in europe might disagree with the european union as it stands, they tend to be pro-european-unity (just not governed by the current idiots. Sound familiar?)

      Actually, it might be best for the world if the USA defederated and the relatively sane states joined the EU or Canada, leaving the inbred christrian fundamentalist nutter states to die.

    12. Re:Took long enough... by Pojut · · Score: 1

      It would also plunge much of europe into temporary chaos. What would those governments do if Microsoft one day just said "fuck it" closed up shop in europe, and stopped supporting their software in europe? I know next to nothing about the law and such over there with regards to this, but couldn't microsoft essentially say that their software was no longer allowed to be purchased or used by any country in the EU? Wouldn't that cause some major issues as government scrambled to change their systems?

      Or am I just being stupid?

    13. Re:Took long enough... by Arthur+B. · · Score: 1

      This is between me and the people living there, the EU court should shut up. If the people working in the EU court don't like it, let them not do business with me, they don't have to take down the whole EU population with them. They're human, their shit stinks like yours, not supermen with the power to decide for everyone else.

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      \u262D = \u5350
    14. Re:Took long enough... by notamisfit · · Score: 0

      No, they shouldn't. Neither this nor the 1998 witch-hunt were just actions, but then again, the US and EU ceased being just a long time ago. The "crime" of which Microsoft was "convicted" (using a successful platform to leverage a new product, kinda like the Diet Coke of the computing world) would simply be "good business practices" to any company with the right political connections or a lesser degree of success. Sadly "corporate greed" is the fashionable excuse to people who failed to make anything of their own lives, and selfsame people make the laws in both states, so "justice" is a long way off.

      --
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    15. Re:Took long enough... by Anonymous Coward · · Score: 2, Informative

      Or am I just being stupid?

      Frankly, yes. Unless the costs of doing business in the EU (fines, disclosure of interfaces etc.) were of a similar order to the profits being made throughoutthe EU(which they are not in any way) the MS shareholders could sue the pants off the MS board if they withdrew from the EU for breach of their fiduciary duties. Ulitumately, MS must comply with EU law to operate in the EU, and it must continue to operate in the EU to fulfill its duty to the shareholders. That's all there is to it.

    16. Re:Took long enough... by Daimanta · · Score: 1

      And then the concept of a "state" is formed. States create laws and people have to abide by them. The fact that you don't like the laws does not give you the right to violate them.

      --
      Knowledge is power. Knowledge shared is power lost.
    17. Re:Took long enough... by Arthur+B. · · Score: 1

      Indeed, the fact that they are unjust does. Hiding jews in your basement was illegal in many European countries not so long ago.

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      \u262D = \u5350
    18. Re:Took long enough... by Archangel+Michael · · Score: 0, Offtopic

      Please define torture.

      I say locking people up is torture (Prison), does your country support incarceration? Do you support incarceration? You SUPPORT TORTURE!

      See how easy it is to call something torture? See how easy it is to sensationalize something?

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    19. Re:Took long enough... by Pojut · · Score: 1

      I see....that makes sense. Thanks 8D

    20. Re:Took long enough... by mithras+invictus · · Score: 1

      Not really, all current windows systems would continue to "work". There just wont be any new licenses sold and the EU would make a nearly complete transition to other operating systems, document formats etc.

      This would be the end of MSOffice and Direct-x and, eventually, Windows and Microsoft.

      Bring it on.

    21. Re:Took long enough... by mike2R · · Score: 1

      Wow. Let's look at the two cases here:

      One is a reasonable judgement against a dominant company illegaly using a monopoly in one market to help it in another.

      The second involves a dictatorship commiting genocide.

      I can hardly be bothered to invoke Godwin here it's so ridiculous.

      --
      This sig all sigs devours
    22. Re:Took long enough... by Anonymous Coward · · Score: 0

      Please define torture

      What are you, 12? Talk like an adult then. I know what torture is, you
      know what torture is, and prison isn't it.

      Here's an example: waterboarding. It is a crime in Europe but "an effective
      technique" for the CIA.

    23. Re:Took long enough... by hxnwix · · Score: 1

      It's important to carefully ensure that punishment is served justly in these cases, and fast is rarely careful. Think about how many appeals this went through - it's like a death penalty case, except the punishment is a slap on the wrist. Since justice is measured as the the ratio of trial length to severity of punishment, Microsoft is on the receiving end of a fuck ton of justice.

    24. Re:Took long enough... by Archangel+Michael · · Score: 1

      Waterboarding causes no physical harm, no pain. Yet is considered torture. Same can be said of incarceration. So again, please define torture.

      If you can't or are unwilling to define torture, then you can't decide what is, or what isn't torture.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    25. Re:Took long enough... by Bert64 · · Score: 2, Insightful

      And relying on a single company is a ridiculously dangerous situation for any organization to be in. Whoever runs such organizations and allows this situation to arise should be fired for incompetence. The need for a second source and backup plan should be a basic requirement of any business purchasing decision.
      Contrast this to say, Dell... If you buy all your computers from Dell, and suddenly they pull out of your market... You can start buying new computers from HP instead with very little disruption to your operations.

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    26. Re:Took long enough... by Bert64 · · Score: 1

      On the contrary, Microsoft could revoke the licenses held by existing customers in Europe if they so desired.
      But your right on the second point, it would show people just how dangerous it is to rely on a single vendor for anything.

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    27. Re:Took long enough... by Boomer_Zz · · Score: 0, Offtopic

      The 27 countries in the EU do total out to just edge out the US alone. Add Canada to the US and their GDP passes those 27 countries.

      http://en.wikipedia.org/wiki/List_of_countries_by_GDP_(nominal)

      I wouldn't think you could could use the figure to measure how well someone could sell their product in just the "EU" as a whole, since each country still has it's own sovereignty, and can completely ban a product if they feel the need (see violent video games in German, or Nazi flags in France).

      Each local region can also have it's own laws depending on the country, but this is the same for all countries.

      The EU could finalize the step if it could just decide it wanted to be a country, but then you only get one soccer team in the world cup!

    28. Re:Took long enough... by Em+Adespoton · · Score: 2, Insightful

      Torture, according to international law, is "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity."

      I hope that clears it up. There are some prisons that I would consider torturous, and others that aren't. The key is the intent to cause suffering.

    29. Re:Took long enough... by Arthur+B. · · Score: 1

      Vichy's government was not a dictatorship, yet it outlawed hiding jews in one's basement. The point is, just claiming "law is law" is stupid. I don't care if Microsoft is dominant or if some european bureaucrats claim its illegal. There's no just reason to force Microsoft to reveal its trade secrets. Microsoft is big, it produces buggy unsafe software and it's a pain in the ass for interoperability, I don't like them but that's hardly a reason to caution racketeering by the EU politicians.

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      \u262D = \u5350
    30. Re:Took long enough... by orcrist · · Score: 3, Insightful

      but couldn't microsoft essentially say that their software was no longer allowed to be purchased or used by any country in the EU

      So let me get this straight. You think Microsoft could tell a sovereign nation what they are "allowed" to do within their borders?
      --
      San Francisco values: compassion, tolerance, respect, intelligence
    31. Re:Took long enough... by greginnj · · Score: 1

      Oh yea, I'm sure if they pulled out and started blocking windows update for all of Europe, it would just be HILARIOUS wouldn't it? Storm would actually hit that 50 Million mark!
      Wait, what? Windows update actually blocks Storm?
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    32. Re:Took long enough... by Pojut · · Score: 1

      If it stated in their license agreement that you click "agree" to when you install that the software could not be installed on a system residing in a specific country, then yes I think they could.

    33. Re:Took long enough... by nosferatu1001 · · Score: 1

      Then that part of the license agreement can be determined as illegial, and thus, not applicable or enforceable.

      You have no idea how soveriegnty works do you?

    34. Re:Took long enough... by JohnFluxx · · Score: 1

      Does the license agreement say that MS can do that?

    35. Re:Took long enough... by nosferatu1001 · · Score: 2, Insightful

      Shouldn't feed the troll, who has lost the argument already, however....

      1. ~10 years ago the US determined that, under US law, it was illegally using it's monopoly in one section of a market to dominate another. The fact your government did nothing about it is not our fault. Look closer to home first before complaining.

      2. The Vichy government was put in place under threat of arms - you have absolutely no understanding of history; the Vichy government did everything it could to resist, just in other ways. You really think the Normandy landings would have been half so succesful without the intelligence gained by la resistance?

      3. Stop being a troll - MS knowingly and repeatedly broke laws, and not due to any morality issue. They did it to continue what has been a succesful model for them, using their monopoly position to extend their hold into other markets, and thought they'd get away with it - after all, the US never enforced a judgement, so they thought they could carry on as usual.

      Now, stop before you look even more stupid, please

    36. Re:Took long enough... by NoOneInParticular · · Score: 3, Insightful
      Yes, MS could do this, and force the EU into a quick migration plan (well, after the EU government has declared MS's copyright null and void in the EU). After this they can witness MS stock plummet to 5 bucks overnight, while any linux firm quadruples their stock price. Then, the MS execs should better prepare to fence off the lawsuits from stockholders as they are facing interesting days in court and possibly jail.

      And that's just the first day. Soon it will become obvious that international companies with branches in the EU need to migrate away from MS as well if they want to keep their software homogeneous in their enterprise, subsequently forcing, in time, US national companies that are working with these internationals away from MS. In a year it would be over for MS.

    37. Re:Took long enough... by nosferatu1001 · · Score: 1

      It is not "succesful business practice" to use your monopoly in one area to force dominance in another, it is illegial for a damn good reason.

      Do you really think that having a world dominated by one or two corporations would be a good thing? Really?

    38. Re:Took long enough... by Pojut · · Score: 1

      Actually, no, I don't...if you noticed in an above post in this same thread, I asked the question "Or am I just being stupid?"

      Apparently, I am 8D Enlighten me?

    39. Re:Took long enough... by Anonymous Coward · · Score: 0
      PenguSven wrote:
      "the EU is the largest economy in the world."
      -----
      Yea but it is my understanding that we spend a higher percentage of our national product on the military. Take that EU!

      OOPS - the Soviet Union also followed that strategy.

    40. Re:Took long enough... by Anonymous Coward · · Score: 0

      And then the concept of a "state" is formed. States create laws and people have to abide by them. The fact that you don't like the laws does not give you the right to violate them.


      Try using that argument here in a music/file sharing debate and see how long your karma survives ;)
    41. Re:Took long enough... by nosferatu1001 · · Score: 1

      Right, a sovereign entity sets all laws within its borders. They can determine what parts of a licence agreement can be valid and which ones are against the laws of that country, therefore, if MS did try to withdraw their licence by saying "users in countries X, Y and Z are not allowed to use the software" then the government of X, Y and Z can decide that is illegal, and can therefore be ignored.

      Much like the "no reverse engineering" clause is not legal in the UK.

    42. Re:Took long enough... by Anonymous Coward · · Score: 0

      The only thing allowing MS to make money licensing their products in the EU is the EU copyright, trademark, (and maybe patent) law. What the lawmakers give, the lawmakers can take away, and abuse of monopoly can be sufficient reason to revoke copyright. So, rather than scrambling to change systems, you could see widespread copying and reverse engineering, allowing a more graceful transition to other products

    43. Re:Took long enough... by fritsd · · Score: 2, Insightful
      You drank the Microsoft Kool-aid that interoperability protocols and file formats == trade secrets. Interoperability information CANNOT be trade secrets! Think about it ffs.

      Even the judge of the Court of First Instance was on to Microsoft trying to paint it that way, and he's a judge not a programmer. All involved parties, with the notable exception of Microsoft itself, have repeatedly publicly stated that they DO NOT WISH to see Microsoft's preciousss source code, because that is not required for interoperability.

      --
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    44. Re:Took long enough... by Archangel+Michael · · Score: 1

      You don't think incarceration can be called .... "suffering" by those that are incarcerated? Shoot, by this definition most High Schoolers are being Tortured (or could be claimed). How about forcing people to listen to country music or Britney Spears?

      Who defines what suffering means? The supposed victim or someone else ?

      I don't have a problem with the definition, except that it isn't really clear.

      And by International Law, most of the Muslim states torture people on a regular basis (real torture), and calling water boarding torture diminishes what is being done elsewhere.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    45. Re:Took long enough... by jc42 · · Score: 2, Insightful

      And at least EU have guts to stand against MicroSoft. Government of USofA hasn't.

      Back during the 2000 US election, it was widely reported that Microsoft had become the largest single campaign contributor to both major parties. This is generally understood as the explanation for why the Justice Dept's case was terminated on terms very friendly to Microsoft shortly after George Bush took office.

      As far as I can determine, Microsoft hasn't become nearly as important a campaign contributor in the EU as it is now in the US. Maybe they'll learn from this, and we'll soon see them bribing European politicians at the appropriate level.

      Give them time; they're still going through the pangs of learning how business is really done at the top levels.

      (Are there web sites listing politicians' contributors in the EU, similar to what you can find in the US? I've seen a few partial lists for single countries, but nothing for the EU as a whole.)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    46. Re:Took long enough... by Arthur+B. · · Score: 1

      If microsoft does not wish to reveal their file format structure or protocol structure there's no reason to force them to. On the other hand, they should have no ground to complain if someone reverses engineers it. Two wrongs don't make a right though, and even though they're unjustly protected by law against reverse engineering, it doesn't make it ok to force them to provide documentation.

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      \u262D = \u5350
    47. Re:Took long enough... by Arthur+B. · · Score: 1

      Except there's no such thing as sovereign countries, only politicians stealing the sovereignty of individuals leaving within as set of borders. No one should decide for me which licence term are or are not acceptable, I should be the only judge.

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      \u262D = \u5350
    48. Re:Took long enough... by Arthur+B. · · Score: 1

      2. Hell yes. The whole "resistance" was mostly a way to save face and go on living without to much guilt... sure they was some resistance, but definitely not what it was claimed to have been. Hey I'm french by the way and I know quite a bit about Vichy's governement.

      --
      \u262D = \u5350
    49. Re:Took long enough... by janrinok · · Score: 1

      Less than you think you do.... Try reading up on your history.

      --
      Have a look at soylentnews.org for a different view
    50. Re:Took long enough... by initialE · · Score: 1

      A nullified copyright on windows wouldn't drive people to linux, it simply means anyone in the EU could and would pirate windows without any threat of repercussions.

      --
      Starbucks, Harbuckle of Breath.
    51. Re:Took long enough... by shaitand · · Score: 2, Funny

      'The 27 countries in the EU do total out to just edge out the US alone. Add Canada to the US and their GDP passes those 27 countries.'

      The EU is a combined political entity composed of 27 sovereign states. The US is a combined political entity composed of 50 sovereign states. The diffence is only in mindshare. The states of the US had a common enemy and since they repelled the enemy together they quickly formed a strong union. The EU states only formed a union very recently and had a great deal of independent history before banding together. There has been a great deal of time and history in the US that has strengthened the central political body and led to citizens being legally and mentally considered citizens of that central authority rather than of their own state. This will eventually be true of the EU given enough time.

      The amendment to make all men equal didn't free the slaves, it made everyone a US citizen. They used to be citizens of their given state. It actually wasn't that long ago that the central government made laws that pertained to relations between states and laws that affected individual citizens were made by the states themselves.

      That said, what does Canada have to do with anything? Canadians have nothing to do with the US, there isn't even any hard evidence they exist!

    52. Re:Took long enough... by mike2R · · Score: 1

      it doesn't make it ok to force them to provide documentation.

      Why not?

      IMO the state has the responsibility to ensure that monopolies and cartels don't disrupt free markets.

      --
      This sig all sigs devours
    53. Re:Took long enough... by Boomer_Zz · · Score: 1

      I see! So, what's someone from the EU called?

      EUian?

    54. Re:Took long enough... by glamb · · Score: 1

      I can't believe you asked that

      European!

    55. Re:Took long enough... by Boomer_Zz · · Score: 1

      And, if they are from a European country not in the EU, how do we tell them apart? The hair?

    56. Re:Took long enough... by orcrist · · Score: 1

      I asked the question "Or am I just being stupid?"

      Apparently, I am 8D Enlighten me?

      Since the other guy answered your question, I'll just mention that the very fact you humbly asked to be educated proves you are not stupid, but merely ignorant on this subject. Kudos to you for putting learning ahead of pride! :-)
      --
      San Francisco values: compassion, tolerance, respect, intelligence
    57. Re:Took long enough... by mlewan · · Score: 1
      "leaving the inbred christrian fundamentalist nutter states to die."

      Amen!

    58. Re:Took long enough... by falconwolf · · Score: 1

      I think the saddest thing here is that it seems to take us three years to enforce a judgement against a major corporation

      It may seem that it took too long, but 3 years isn't nearly as long as some have waited to be paid. People who had their economic lives ruined by the Exxon Valdez oil spill almost 20 years ago still are waiting to be paid. By comparison MS paid promptly.

      Falcon
    59. Re:Took long enough... by Anonymous Coward · · Score: 1

      First misunderstanding: there is no such thing as an "EU government". There are various institutions, including a court and a parliament, but their lawmaking powers - such as they are - are entirely dependent on the legislatures of the member states.

      Second misunderstanding: declaring MS's copyrights "null and void" would mean renouncing all copyright treaties. No country in Europe is ready even to think about that. And if they did, how do you think the USA would react? Bear in mind that intellectual property is the *only* thing in which the US currently shows a healthy trade surplus; if that were nullified, the dollar would drop another 30-40% overnight.

      Third misunderstanding: none of this matters. The real reason MS won't pull out of Europe is because it's (a) a fecking *huge* market - bigger than the USA and Canada combined - and (b) if it did, it would create a proportionately huge vacuum in the market currently crammed by Windows and Office. At a guess, Apple's share of the world desktop market would rise from ~5% to something over 20%; Linux would rise from less than 1% to 10-15%. And OS interoperability would suddenly become a major issue for *every* multinational company.

      And how would Microsoft shares be looking then?

    60. Re:Took long enough... by Kelbear · · Score: 1

      It'd be up to the EU countries to enforce the laws that respect MS's copyright law...and I don't think they'd give a damn about protecting MS's copyrights if MS went and bailed on them and left all their businesses high and dry. They'd just declare MS to be freeware and then just get their MS updates from alternative sources until companies setup a new non-MS infrastructure and then abandon MS on their own schedule.

      MS for all its might needs to be on the side of the people who have the most guns in order(which is usually, but not always, the government) to do business.

    61. Re:Took long enough... by lazy_playboy · · Score: 1

      It's the same difference that could apply to American vs USian. Why couldn't American similarly refer to those from all of the Americas?

    62. Re:Took long enough... by falconwolf · · Score: 1

      States create laws and people have to abide by them. The fact that you don't like the laws does not give you the right to violate them.

      Here I'll have to disagree with you, it's everybody's responsibility to practice Civil disobedience when there's an unjust law. If the Founding Fathers of the USA felt the same the US would still be a colony.

      Falcon
    63. Re:Took long enough... by Boomer_Zz · · Score: 1

      Well, American was picked long before my time. By the Spanish actually, wait, I mean, Europeans. :P

      Actually, I don't see the similarities you do. The similarity here would be that we have North Americans (Panama and up) and South Americans (Colombia and down), they are called as such. Especially in non English languages.

      If someone asks me where I'm from when I am outside of my country, I say the US (or "The States", if I am in a country I know calls it that). If I asked someone here where they are from, and they said Europe, to be honest, I would giggle.

      I don't see the EU and her member countries as the same thing as the US and her states, but I'm open.

      This is all going to revert back to why the EU just doesn't have one World Cup Soccer team I think.

    64. Re:Took long enough... by Anonymous Coward · · Score: 1

      "Actually, it might be best for the world if the USA defederated and the relatively sane states joined the EU or Canada, leaving the inbred christrian fundamentalist nutter states to die."

      What is old is new again. Many of those "fundamentalist nutter states" tried to defederate before. It was the original premise (states leaving the Union, not slavery) to the American Civil War. (And it was the non-Republican party that made the suggestion back then too (and was on the wrong side of that one then too), although you could easily argue the various incarnations of the parties have changed overwhelmingly the past ~140 years).

      Actually, your suggestion isn't a bad tactic...for the Christian right. The anti-US types are consistently shooting themselves in the foot. In this case, your suggestion would result in a lack of water to many blue states. Or food for that matter (doubly so, losing both "bread" producing states as well as interstate water supplies for many blue state irrigation). See the Hoover Dam and what has been done to the Colorado River (funny, isn't it, how the greens are in blue states, ignoirng how much benefit they gain from such so-called destructive (and ongoing) practices).

      In fact, the red states could setup an OPEC-like cartel for grain and H2O.

      You must be a member of MoveOn.org, because this is such a stupid, ignorant idea, yet it still flew out of your mouth because you think it has some traction, somewhere, in your fantasy of making people like you. Then again, you make a stupid geneological insult as well.

      I hate calling myself a conservative because I'm an agnostic and then people end up thinking I'm a religious type, but I can't call myself liberal, because despite being intelligent and running with the "learned" crowd, I refuse to put myself in the category of the dumbest smart people that the liberal and progressive movement has become since they lost the 2000 election. In case you're wondering, your asinine, stupid comments are par for the course of why people like me tend to be moderate when they really should be on the left in the US.

    65. Re:Took long enough... by higuita · · Score: 1

      EU isnt the USA!! MS briding the EU is harder...

      here the funding of political parties have strick rules, lobbies are limited, there are MANY countries with many parties, not a single cross countries political parties...
      so funding parties would need to give money to many political parties in many countries to in the end have a limited power, because they would need the countries governs, the EU parliament and the EU commission... and depending of the countries, the senate, high/lower chambers or countries parliaments.

      yes, politic in Europe is hard, but hey, at least MS dont have to buy all citizens... :)

      --
      Higuita
    66. Re:Took long enough... by Anonymous Coward · · Score: 0

      Yeah, good answer. If someone from Ireland meets someone from Italy and says "hi where are you from." The response is europe? Hardly. The EU is not a nation it is a clumped together political and economical entity. The fact is most members of the EU do not feel any patriotism to Europe at all, why would they? Europe is a continent, a land mass, not a country. Next are we going to have AU? All of Asia comes together....god help us when China and India come together.

    67. Re:Took long enough... by Arrawa · · Score: 2, Informative

      Party financing is quite different here in Europe. Not all countries accept commercial sponsors or accept only a limited amount. And many European countries are ruled by coalition. So buying a law by donating to the party of to a politician is quite difficult.

    68. Re:Took long enough... by Daimanta · · Score: 1

      Ok, I might open a big can of worms with this one but I will do it anyway. I am a fan of Thomas Aquinas and I admire his works. In one of his works he describes the so called "Divine Right of Kings" i.e what the kings says is right. While I may not fully agree with this he does have a very strong argument for it. Namely, if you can overthrow the king(or any authority higher than you) because of some unjust law, who is to say that the law is unjust? If that is allowed than you can overthrow any superior for any reason you wish(namely, you think that the law is "unjust"). That means that all authority is under constant threat and any hierarchical chain of command is very uncertain. Under that principle I think to a certain extent(gross violations of human right) the laws of a country should be obeyed and I think that people don't have the right to break the law if they deem it unjust.

      --
      Knowledge is power. Knowledge shared is power lost.
    69. Re:Took long enough... by shaitand · · Score: 1

      Dunno what is someone from the US called, USian? That's what they call them on Slashdot, so why not EUian?

    70. Re:Took long enough... by Anonymous Coward · · Score: 0

      I wouldn't think you could could use the figure to measure how well someone could sell their product in just the "EU" as a whole, since each country still has it's own sovereignty, and can completely ban a product if they feel the need I see you haven't tried to buy a Vibrator in Alabama (I am sure there are other examples, but that's the one I most recently read about)
    71. Re:Took long enough... by Mateo_LeFou · · Score: 1

      Giuliani did a pretty good job informing you, but I'll add:
      When you're clicking on any license agreement, with any terms whatsoever, you're operating within a legal framework that depends on the government of your state.
      *not
      relinquishing your own country's legal framework and accepting that of the license author.
      This is why we have phrases like "void where prohibited" -- licenses and contracts can't veto other countries' laws.
      Yet?

      --
      My turnips listen for the soft cry of your love
    72. Re:Took long enough... by nnull · · Score: 1

      How do these fantasy scenarios get marked insightful?

    73. Re:Took long enough... by scotch · · Score: 1

      What is it, exactly, that you are arguing for? That the definition of torture is so slippery that the US should not be prohibited from performing any cruel acts whatsoever? That the existence of more severe torture by one group justifies the weaker torture by another? I know some people here just like to argue for the sake of hearing their assholes vibrate, so maybe you're only looking for some kind of 6-beers-or-more argument. Sorry, I've only had two, and yes, forced listening to Britney Spears is classified as torture by the UN.

      --
      XML causes global warming.
    74. Re:Took long enough... by prionic6 · · Score: 1

      > This is all going to revert back to why the EU just doesn't have one World Cup Soccer team I think.

      Because that would be totaly unfair to all the other teams ;)

      Besides:

      European Union
      United States of America

      are actually very similar names. American Union or United States of Europe would be just as plausible.

    75. Re:Took long enough... by glamb · · Score: 1

      American (from USA, not Canadians etc): Where are you from?
      Austrian: Austria
      American: Austria! I have always wanted to go there. I just love those koala bears and kangaroos.
      Austrian: No, Austria is in EUROPE

      Lots of good points about not having a lot of unity. But the question was 'what do you call someone from the EU?' The answer is still 'European' no EUien or whatever was proposed.

    76. Re:Took long enough... by Alsee · · Score: 1

      I think the saddest thing is that people don't even question the justness of laws anymore. If I have a secret, I don't care what the antitrust european court says, it's my secret, they shoudln't take that nor my money away for me.

      Interesting. When companies that commit crimes and defy lawful court orders, NOTHING should be done about that.

      If a Chinese toy company ships lead tainted toys to our children, we shouldn't do anything about that.
      If a Mexican produce company ships disease tainted food to our supermarkets, we shouldn't do anything about that.
      If a Canadian cereal company has secret ingredients and secret nutritional information and ships unlabeled boxes of breakfast cereal to our supermarkets, we shouldn't do anything about that.
      If a Japanese company is selling cars that violate out motor vehicle laws, we shouldn't do anything about that.
      If any company operating in the US defies a court order to turn over subpoenaed information, we shouldn't do anything about that.

      Wow, you know you're right. You convinced me. Companies that violate laws should be permitted to continue their criminal activity. When companies choose to decline to obey a lawful court order, we should not fine them on a daily basis for their willful Contempt Of Court.

      Those Europeans are evil commies just trying to destroy Microsoft just because it's an American company. The US has evil commie laws too, and the US is trying to destroy Microsoft too.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    77. Re:Took long enough... by Alsee · · Score: 1

      Except there's no such thing as sovereign countries, only politicians stealing the sovereignty of individuals leaving within as set of borders. No one should decide for me which licence term are or are not acceptable, I should be the only judge.

      A bit divorced from reality... but yeah that would solve the whole problem. Everyone in supposedly "banned" countries could go right ahead and use Windows if they wanted.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    78. Re:Took long enough... by Alsee · · Score: 1

      Second misunderstanding: declaring MS's copyrights "null and void" would mean renouncing all copyright treaties.

      False.

      US law ALSO contains provisions to nullify copyrights in cases where they are used in illegal activites. This is absolutely not a violation of any copyright treaty.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    79. Re:Took long enough... by Alsee · · Score: 1

      IMO the state has the responsibility to ensure that monopolies and cartels don't disrupt free markets.

      Some people have the NSHO that 'free market' means supporting monopolies and cartels doing anything short of mowing people down with machineguns. As in, "this children's toy has no label relating to lead content, therefore you have no right to complain if you make a free market choice to buy it and your child turns into a vegetable".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    80. Re:Took long enough... by bentcd · · Score: 1

      If I have a secret, I don't care what the antitrust european court says, it's my secret, they shoudln't take that nor my money away for me. That may be but then, on the other hand, if the Europeans have an internal market, it's their market, and you shouldn't be able to force your product upon them. Microsoft probably figured that access to the market is more important than whatever secrets may have been involved and so chose to pay the price to be in that market.
      --
      sigs are hazardous to your health
    81. Re:Took long enough... by Arthur+B. · · Score: 1

      It's not even a question of whether the state has a responsibility to break up big companies, it's a question of whether it ought have the right to. As long as you don't agress anyone by physical force or deception, there should be no reason to force you to do anything. A true free market is, well, free from the kind of government interferance you're calling for.

      --
      \u262D = \u5350
    82. Re:Took long enough... by Arthur+B. · · Score: 1

      I don't care about the legal framework, I should be free to relinquish that framework as should the person offering the license. Why should any politician have the right to decide for me what kind of contract I do or do not want to sign.

      --
      \u262D = \u5350
    83. Re:Took long enough... by Arthur+B. · · Score: 1

      Aquinas did provide an answer to your question though, the justness of law and ethics in general can be inquired by the use of reason. Thomists you are briefly talked about here http://www.mises.org/rothbard/ethics/one.asp . The argument you put forth seems more Hobbesian to me.

      --
      \u262D = \u5350
    84. Re:Took long enough... by mdwh2 · · Score: 1

      Agreed - if an individual running a business broke the law, they risk getting sent to prison. Imagine a common criminal refusing to comply with the law - you'd never hear it written up as "finally agreed to comply". The full weight of the law would come down of them, and they'd have no choice in the matter.

      Maybe if bailiffs raided the assets of Microsoft European offices, or those obstructing the course of justice were charged accordingly, they might start "complying" a bit more. But no, we can't go treating big companies the same as you or I...


      Someone misusing the "redundant" mod yet again - care to point out where someone already said this?

    85. Re:Took long enough... by mike2R · · Score: 1

      A true free market is, well, free from the kind of government interferance you're calling for.

      Er no, that isn't a free market. The natural state of human kind is monopoly, cartel, corruption and patronage. A free market is what you get once you start having a state sophisticated and honest enough to enforce it.

      --
      This sig all sigs devours
    86. Re:Took long enough... by Em+Adespoton · · Score: 1

      Let me repeat my last sentence with emphasis:

      There are some prisons that I would consider torturous, and others that aren't. The key is the intent to cause suffering.

      Yes, I know, proving intent is difficult. But who said life was easy? There are many areas where intent to cause suffering can easily be proven. Other areas are more vague, and require a legislative body or group of peers to clarify. Sometimes, this system is abused.

    87. Re:Took long enough... by pimpimpim · · Score: 1

      Yeah, if this would have been a specific complaint about XP, for example, it would have already been useless by now. It luckily seems to go a little further if I understand correctly.

      --
      molmod.com - computing tips from a molecular modeling
    88. Re:Took long enough... by Arthur+B. · · Score: 1

      Free means free, dumbass. Not some abstract bureaucratic defined economic ideal.

      --
      \u262D = \u5350
    89. Re:Took long enough... by Anonymous Coward · · Score: 0

      What if someone from Florida meets someone from Texas and asks where they're from. Is the answer America? Hardly. I'm not sure why USians have so much trouble recognizing that their own nation was once a "clumped together political and economical entity", which to this day has people who fly republic of California flags, or fly the confederate flag, or insist that "there is no valid law requiring you to pay income tax", or are Texan. Seriously, there's some weird cognitive dissonance thing going on, maybe from some desire to be unique in some special way, leading people to say things like a unified Europe should have one sports team for each sport whereas, except for temporary teams formed for the olympics (and maybe other similar competitions), the US has lots of state-based or region based sports teams. People have been saying some things that indicate that they haven't stopped for even a moment to look at things from another point of view.

    90. Re:Took long enough... by Archangel+Michael · · Score: 1

      What am I arguing for? Nothing, except that one person's torture is not necessarily another person's.

      If you think Waterboarding is torture, great. Suppose I don't agree. Does that mean I'm for torture or is it that my definition of torture is different than yours?

      The problem here is that it would be easier to simply label me as "pro-torture" because my definition is different. If that is the case, then anyone who thinks incarceration is torture can label anyone that is pro-incarceration as "pro-torture" and let the hyperbole ensue.

      "That the existence of more severe torture by one group justifies the weaker torture by another?"

      Again, please define torture. Again, who decides what is, or what isn't torture? Part of the issue for me is that calling something "uncomfortable" torture, diminishes real torture, when they are equated. It is the same as "sexual harrassment" of someone saying "Hi babe" vs someone fondling and groping. One is "sexual harassment" the other isn't. If I look funny at a someone is it "sexual harassment" ?

      "forced listening to Britney Spears is classified as torture by the UN."

      You actually agree with the UN? Sorry to hear that. The UN is useless. They can't stop the genocide in Darfur, and they spend more time picking on Israel and the US than all other countries combined, as it Israel is the sole source of the worlds problems.

      I think having to listen to Global Warming garbage is torture. I can't ever seem to get away from it, it is everywhere. I'd rather be waterboarded than have to listen to another rant by Al Gore.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    91. Re:Took long enough... by mike2R · · Score: 1

      LOL! We're not discussing semantics here, but rather what constitutes a free market.

      A free market is one where outsiders have the freedom to compete. Outsiders freedom to compete is the first thing that the established players will seek to restrict, and hence you need the state (or rather the legal system backed up by the state's capacity to enforce) to guarantee this freedom.

      Your version of "free" includes the freedom to dominate others using your existing power base. There is already a word for your type of economic system; it's not "free market", this system is called Feudalism.

      It's been tried before. The general consensus is that it didn't work very well.

      --
      This sig all sigs devours
    92. Re:Took long enough... by Arthur+B. · · Score: 1

      You're confusing freedom and capacity. Having the freedom to compete with Microsoft does not mean I can succesfully do so, it means no one is using physical force to restrain me from doing it. Similarly I am free to become the world champion of marathon although I'll never be it.

      Feudalism has nothing to do with this as it relies on land monopolies obtained and maintained by force.

      --
      \u262D = \u5350
    93. Re:Took long enough... by mike2R · · Score: 1

      Having the freedom to compete with Microsoft does not mean I can succesfully do so, it means no one is using physical force to restrain me from doing it.

      Force is force, whether physical or no. Microsoft dominates certain markets, which gives them (if unrestrained) huge power over certain other markets. They can/do/have used this power to force their products against competitors in situations where in a truly free market (my definition) they would have been curtailed by the state; these competitors would have then either survived or not on the strength of their offering to the market.

      Similarly I am free to become the world champion of marathon although I'll never be it.

      This actually is an example that I might have used. If you can better the field in free competition you win the marathon. You don't expect previous winners (or the winner of the 10000m) to be permitted to exert the influence they may have gained by their victories to change the rules of the event.

      Feudalism has nothing to do with this as it relies on land monopolies obtained and maintained by force.

      It relied on land monopolies because land was the pre-emanate source of income. It was maintained by (I assume you mean military) force because there was nothing around to prevent feudal lords from using military force.

      Look, I'm not saying that more power to the central authority is always good, but practical experience over the last few centuries makes it clear that the line is a lot further towards central authority than you want to draw it.

      --
      This sig all sigs devours
    94. Re:Took long enough... by Arthur+B. · · Score: 1

      There's a crucial dinstinction between physical force and mere "power" or "influence". Physical force produces a net loss to me, power and influence leave me no worst than I currently am. This is why the first gets you in jail and the second doesn't.

      If a monopoly is protected by force, like land monopoly in feudalism, it means if I try to compete I will be made worst off, someone will come an kill me. If a company is so big it dominates a field it means it's hard for me to compete, but they will not impose any cost on me.

      Please provide reference as to what you mean by "practical experience over the last few centuries".

      BTW I don't draw any line, there's simply no place for a central coercive authority ^^

      --
      \u262D = \u5350
    95. Re:Took long enough... by mike2R · · Score: 1

      If a company is so big it dominates a field it means it's hard for me to compete, but they will not impose any cost on me.

      I'm not sure if this is a misunderstanding. There is a difference between being out competed in a field by a dominant player, and the dominant player in one market using that influence to dominate other markets - which is what the EU ruling is about.

      Whether a dominant player in a market is using their position to maintain that position to the detriment of the market is a much more complicated question. It certainly can happen, and actually I'd cite the farce with the OOXML ISO decision as a good example of that, but it's a far more nuanced question than abusing domination of one market to gain an unfair advantage in another.

      Please provide reference as to what you mean by "practical experience over the last few centuries".

      Europe in the last millennium or so. I believe you're French from a post you made, which gives you the advantage over me that you don't have to read the great Enlightenment thinkers in translation. Their writings are where you will find the argument for a modern state vs the Ancien Régime best set forth.

      BTW I don't draw any line, there's simply no place for a central coercive authority

      That is just silly. Look at history. Without a centralised state, authority rests on raw power and personal loyalty. This may be a good way to run a business, but it is impossible as a means of governing a nation. Quibble over particular areas; fine. I may well agree with you in some cases, but to reject the concept is to turn your back on (at least) the last three centuries of European civilisation. And no, things weren't better then.

      --
      This sig all sigs devours
    96. Re:Took long enough... by Arthur+B. · · Score: 1

      I'll provide you later with a longer answer but since you mention the Ancien Régime you must know that it relied on corporation holding priviledges, that is *coercive* monopolies. There was no free entry in the market, as anyone trying to do it would be prevented to do so *by force*. Originaly the word monopoly meant a *state-granted* privilege of non competition, at the turn of the century the socialists and the marxists stirred that term to design any natural dominant position in the market. This semantic shift was provided by the marxist confusion between freedom and capacity (for example a marxist would say you're not free to eat if you're broke).

      --
      \u262D = \u5350
  3. I heard oink-oink outside of my window... by Corporate+Troll · · Score: 5, Funny

    ... but I work on the 5th floor....

    1. Re:I heard oink-oink outside of my window... by Corporate+Troll · · Score: 1, Insightful

      Mods never heard of the expression "When Pigs Fly", right?

    2. Re:I heard oink-oink outside of my window... by Anonymous Coward · · Score: 1, Funny

      I just don't think any of the mods got the joke, and if you'd studied your floyd properly you'd know that pigs could fly.

    3. Re:I heard oink-oink outside of my window... by truthsearch · · Score: 1

      It's your user name. It's really throwing people off. Maybe if you changed it to "Corporate Funny" you'd get modded up.

    4. Re:I heard oink-oink outside of my window... by Corporate+Troll · · Score: 1

      Damnit... People really are shallow.... I really can't help it that I look like a Troll and live under bridge ;-)

    5. Re:I heard oink-oink outside of my window... by maxwell+demon · · Score: 1

      Damnit... People really are shallow.... I really can't help it that I look like a Troll and live under bridge ;-) North bridge or south bridge? :-)
      --
      The Tao of math: The numbers you can count are not the real numbers.
    6. Re:I heard oink-oink outside of my window... by RealGrouchy · · Score: 1

      Do you work in the Agricultural district of downtown?

      - RG>

      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
  4. Paid for the dinner by mrjb · · Score: 4, Funny

    Kroes personally negotiated with Microsoft President Steve Ballmer in a number of conversations including over a meal at a restaurant near her home town of Rotterdam, in the Netherlands, she said.

    "I paid for the dinner," she said.

    If they had their dinner where I think they had their dinner, that should nearly cover the fine.

    --
    Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    1. Re:Paid for the dinner by LiquidCoooled · · Score: 1

      I know we are meant ot live in an equal world, but damn Ballmer is not a gentleman.

      Mind you, his mindset will have been "if they are having 500 mill from us they can pay for the meal"

      --
      liqbase :: faster than paper
    2. Re:Paid for the dinner by Corporate+Troll · · Score: 4, Insightful

      No, it's most probably because Microsoft paying for the meal could be interpreted as bribery.

    3. Re:Paid for the dinner by speaker+of+the+truth · · Score: 1

      Mind you, his mindset will have been "if they are having 500 mill from us they can pay for the meal" When did Ballmer develop a russian accent? Or is it something he does to try to woo the ladies while they pay for dinner?
      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    4. Re:Paid for the dinner by Hanners1979 · · Score: 5, Funny

      "Waiter, there's a chair in my soup..."

    5. Re:Paid for the dinner by ultranova · · Score: 1

      When did Ballmer develop a russian accent? Or is it something he does to try to woo the ladies while they pay for dinner?

      Considering the standard Microsoft tactic of Extinquishing after Embracing, I find the thought of Ballmer wooing anyone a bit disturbing.

      --

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

    6. Re:Paid for the dinner by ZiggyStardust1984 · · Score: 1

      What did they smoke for the dinner? Did they went to those nice duthc cafes to talk while having some marijuana cake?

    7. Re:Paid for the dinner by mgblst · · Score: 5, Funny

      What I want to know, is did she pay for the dinner, or did the EU pay for the dinner? I find it hard to believe that she coughed up for it.

      And I would recommend a Japanese restaurant for dinner with Steve...you know, where they sit on the floor. Less dangerous that way.

    8. Re:Paid for the dinner by MrNemesis · · Score: 1

      Whatever you do, don't wave it about or a certain rabid, hairless baboon will sue you for copyright infringement.

      --
      Moderation Total: -1 Troll, +3 Goat
    9. Re:Paid for the dinner by plague3106 · · Score: 1

      I think if women are equal to men, they certainly can pay for their own meal. Or does equal mean they get special treatment?

    10. Re:Paid for the dinner by nschubach · · Score: 1

      Maybe they all sat down at McDonald's for some "cash browns" and played Monopoly?

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    11. Re:Paid for the dinner by Anonymous Coward · · Score: 0

      He already has kids, you know. I doubt they, like, budded off him asexually (though you never know I guess). So, he has wooed in the past. He's had sex in the past. Sweaty Ballmer sex! Disturbed yet?

    12. Re:Paid for the dinner by Square+Snow+Man · · Score: 1

      copyright != patent

    13. Re:Paid for the dinner by RealGrouchy · · Score: 1

      No, it's most probably because Microsoft paying for the meal could be interpreted as bribery. ...or extortion, depending on the restaurant.

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    14. Re:Paid for the dinner by Alsee · · Score: 1

      They could have gone Dutch, but as it was "a restaurant near her home town of Rotterdam, in the Netherlands" I guess that would have been redundant.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  5. This is Great! by MrCrassic · · Score: 4, Interesting

    Maybe we can finally see some competitive open-source software platforms, like a better Evolution client (full Exchange capability, maybe?) or a better OpenOffice.org?

    1. Re:This is Great! by b4stard · · Score: 2, Insightful

      Unless the specs are coupled with NDA's. If so, not many FOSS-devs will be able to pay up the 10k. Guessing the big guys (Ibm, Sun, et al) will help us out though.

    2. Re:This is Great! by arivanov · · Score: 3, Interesting

      Full exchange capability currently does not depend on Microsoft mercy at all.

      The old exchange protocol which was nearly impossible to emulate is on its way out for a number of reasons. All newer Microsoft clients are aiming to switch from this original RPC driven protocol to WebDAV through OWA. The protocol is reasonably well documented. The parts that are not have been reverse engineered long ago. This is the "native" protocol of the current Evolution connector and the problems with it are entirely Evolution's fault.

      Namely, Evolution is written in an illiterate manner from a software engineering perspective. It is a hacked together piece of bugware where most of the major components do not have proper state machines. Just look at the "new mail" notifications - they are a total joke, wrong 20% of the time.

      I looked it at one point (and at least one other open source implementation. IIRC, WebDAV/OWA requires a very strict implementation of a state machine in order not to f*** it up. This is not impossible. Other opensource (fetchExc) and non-opensource projects manage to do that. Evolution should not try to blame Microsoft for failing to do that (I use it to get mail off exchange and send but I do not dare keeping it there while using it).

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    3. Re:This is Great! by MrCrassic · · Score: 1

      Thanks for the reply.

      I'm just curious; why was the old Exchange implementation very hard to reproduce in other software? Isn't RPC still used to this today (included as used actively in Outlook 2007)? I know that their Entourage software uses WebDAV, but I thought that RPC was still being developed actively, which, if reverse-engineered, would solve Exchange incompatibility issues??

    4. Re:This is Great! by jabuzz · · Score: 4, Informative

      Er, WebDAV access to Exchange is deemphasized in Exchange 2007, and is replaced with Exchange Web Services and MAPI remains the primary method for access data stores on Exchange servers.

      Thing is that curtesy of the Openchange project which is building on top of the IDL stuff from Samba the Exchange MAPI protocols are being fairly rapidly reverse engineered. At which point the prescence or absence of any documentation from Microsoft will be irrelevant. In fact the OpenChange documentation is probably useful in that it won't cost 10,000 Euro and come with strings attached.

    5. Re:This is Great! by Richard+W.M.+Jones · · Score: 1

      I'm just curious; why was the old Exchange implementation very hard to reproduce in other software? Isn't RPC still used to this today (included as used actively in Outlook 2007)?

      It isn't hard particularly. Microsoft use an only slightly modified DCE/RPC. SambaTNG and now Samba include the tools you need to read and write this "MSRPC".

      The problems are: (a) The protocols have huge numbers of calls, making it impractical to implement every one, so you have to implement the ones that are used (but each app uses different ones). (b) You have to emulate all the bugs in Microsoft's implementation, because the MS implementation is the "standard", bugs and all. (c) You have to map Microsoft concepts like users, ACLs, threads etc. into Unix ones, and there's not a very natural mapping.

      Rich.

    6. Re:This is Great! by IGnatius+T+Foobar · · Score: 4, Informative

      All newer Microsoft clients are aiming to switch from this original RPC driven protocol to WebDAV through OWA.
      This doesn't help. Most open source people are looking to replace Exchange, not Outlook. The truly enlightened will replace both sides, but realistically we need to fully support Outlook as a "legacy client" until then. Outlook does not use the WebDAV based protocol. It uses the crufty old RPC protocol. This means that any server project that wants to speak to Outlook in its native protocol has to figure out how to get the RPC stuff running.

      Interoperability between Outlook and non-Exchange servers typically happens with client-side connectors that attach to MAPI (which is not a protocol; it's the API that Outlook uses to talk to stores and transports). Bynari has a pretty good one that uses their IMAP server, but it still saves calendar and address book data in Microsoft's proprietary TNEF format on the server. The good news is that an improved version is currently in late beta that will work with servers like Citadel storing calendars in iCalendar format and address books in vCard format.
      --
      Tired of FB/Google censorship? Visit UNCENSORED!
    7. Re:This is Great! by Anonymous Coward · · Score: 0

      "this love of DAV in Office/Exchange is a huge problem" -Bill Gates

    8. Re:This is Great! by arivanov · · Score: 1

      It will be back with a vengeance. If not at release at SP1 (same as with E2003).

      The reason for its appearance is MSFT diversification into the mobile markets along with its loss of ground in the security area especially the complete loss of the VPN market to ISVs. Neither of that has not gone away.

      So no matter how much certain parts of MSFT would like to "deemphasize" it it will be back. Otherwise they will have to invent a new protocol for the same markets where RPC is not an option for a number of reasons. Add to that the fact that if they "deemphasize" it too much they will flop MacOffice 2008 which IMO is not going to happen. We are long past the point where MSFT was toying with the idea of killing Mac by f*** up the support for its Office. It now is afraid as there is competition and it will not do something as silly as killing its flagship mail client for it (Entourage).

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    9. Re:This is Great! by Allador · · Score: 1

      The old exchange protocol which was nearly impossible to emulate is on its way out for a number of reasons. All newer Microsoft clients are aiming to switch from this original RPC driven protocol to WebDAV through OWA. Where do you get this information?

      Outlook 2007 still does MAPI over RPC. Thats as new as they get.
    10. Re:This is Great! by jabuzz · · Score: 1

      It has been replaced with something different Exchange Web Services which rather than being some Microsoft concocted protocol is compliant SOAP.

      As far as Entourage goes in Office 2008 it is my understanding that it will do *native* binary MAPI. Even if it does not there is nothing to stop them using Exchange Web Services instead in the future. The WebDAV interface to Exchange is to go.

  6. any takers by shortscruffydave · · Score: 5, Interesting

    <NotFlameBait>

    The courts have made Microsoft make those protocols available. It will be interesting to see how many people actually pony up to buy those protocol specs - in part, that would be a measure of how valid the EU's judgement was.

    </NotFlameBait>

    1. Re:any takers by Magada · · Score: 0

      i have mod points, but I don't know how to use them in your case, so I'll just comment: your post would require a +1 Commonsensical mod.

      --
      Something bad is coming when people are suddenly anxious to tell the truth.
    2. Re:any takers by terminal.dk · · Score: 1

      This one is easy.

      IBM or whoever will buy a copy for the Open Source projects that needs.

    3. Re:any takers by Anonymous Coward · · Score: 0

      Shouldn't that be "-1 Commonsensical"?

    4. Re:any takers by Technician · · Score: 1

      It will be interesting to see how many people actually pony up to buy those protocol specs - in part, that would be a measure of how valid the EU's judgement was.

      3 years is a little late. In that time competitors have entered the marketplace. You can pay lots to use the Microsoft Portocols or use the Linux Protocols for free. Open Office works fine on Ubuntu.

      --
      The truth shall set you free!
    5. Re:any takers by porkThreeWays · · Score: 2, Insightful

      I see a lot of comments it will be open source projects or open source project backers. I reeeeeeally don't think they will be the largest purchasers. Many people don't realize how many software companies have products that modify the behavior of MS products. There have to be at least thousands. Think of all the products that do file system operations. All the products that work with Outlook and Exchange. All the products that work with Office. Anti virus/malware programs. Pretty much any program that is in any way, shape, or form, dependent on how an MS product does things will probably want to purchase specs.

      --
      If an officer ever threatens to taze you, say you have a pacemaker.
    6. Re:any takers by nine-times · · Score: 1

      in part, that would be a measure of how valid the EU's judgement was.

      Maybe, but even if no one buys them, that still leaves you with two possible interpretations. It may be that the EU was wrong to think that Microsoft should have to disclose their protocols because nobody wants them, or it may be that the EU was wrong to set the price as high as $14,000.

      Personally, I don't see why Microsoft shouldn't be compelled by the governments to open all formats, protocols, and APIs to everyone for free without patent restrictions. It may seem a bit drastic to some people, but that's what you get when you're a monopoly engaging in anti-competitive practices. Besides, I'd actually be *more likely* to use Microsoft products if they were using open protocols and formats (or if they fully opened their own protocols and formats).

    7. Re:any takers by mqduck · · Score: 1

      Heh... I only just realized that 10.000 is ten thousand, not ten. I wondered what that extra zero was doing there!

      --
      Property is theft.
    8. Re:any takers by tepples · · Score: 1

      You can pay lots to use the Microsoft Portocols or use the Linux Protocols for free. Not if the higher-ups who sign your paycheck or your diploma have already made the decision to buy into the Microsoft protocols.
    9. Re:any takers by Threni · · Score: 4, Funny

      > Heh... I only just realized that 10.000 is ten thousand, not ten. I wondered what that extra zero was doing there!

      Which of the four zeros is the extra one which turned ten into ten thousand?

    10. Re:any takers by sconeu · · Score: 1

      He's a US-ian who didn't realize that you Euro guys use '.' for the thousands separator and ',' for the decimal point.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    11. Re:any takers by Ashe+Tyrael · · Score: 1

      the three after the decimal point.

      and yes, I know different parts of the world use , as the decimal point, and . as the separator. Oh hell, maybe it was just a typo.

      --
      "How fine you look when dressed in rage."
    12. Re:any takers by GrumblyStuff · · Score: 1

      That funky, lowercase one....

    13. Re:any takers by Allador · · Score: 1

      What 'Linux Protocols' replace CIFS? And dont say NFS, because that has nothing to do with Linux, and predated Linux.

      And what does OpenOffice working on Ubuntu have to do with this conversation? Are you suggesting that OpenOffice is a replacement for CIFS?

    14. Re:any takers by Technician · · Score: 1

      Not if the higher-ups who sign your paycheck or your diploma have already made the decision to buy into the Microsoft protocols.
      --


      I've also noticed they also are one of the supporters of OSDL as listed here.

      http://en.wikipedia.org/wiki/OSDL

      --
      The truth shall set you free!
    15. Re:any takers by Technician · · Score: 1

      What 'Linux Protocols' replace CIFS? And dont say NFS, because that has nothing to do with Linux, and predated Linux.

      CIFS is a networking protocol. Not all protocols are related to networking. NTFS is a Microsoft Hard Disk storage protocol (format). Alternatives include ext2 ext3 Rieser, etc. Why pay Microsoft to use NTFS, FAT32, or FAT16?

      --
      The truth shall set you free!
    16. Re:any takers by Magada · · Score: 1

      I dunno. Common sense seems a commodity in short supply somedays. For instance, someone modded my previous post -1 Overrated - and it was the first mod.

      --
      Something bad is coming when people are suddenly anxious to tell the truth.
  7. not good enough by polar+red · · Score: 5, Insightful

    It's simple : we need the complete interface specifications for free, when you buy the operation system to use on your desktop.

    --
    Yes, I'm left. You have a problem with that?
    1. Re:not good enough by Anonymous+Brave+Guy · · Score: 3, Interesting

      It's not that simple at all. Providing the complete interface spec completely free of charge imposes a huge (some might say unrealistic, even) burden on businesses. How would you feel if distribution were prohibited for every open source application that didn't provide and maintain comprehensive, correct documentation on all their interfaces and protocols? (If anyone is about to argue that open source is a moving target and such a prohibition could never work in practice, they're ducking the legal/ethical issue. If this is the case, then it's hardly fair to impose legal restrictions on businesses that not everyone is obliged to follow, since this artificially harms the ability of the businesses to do their work.)

      Requiring a businesses with a monopoly advantage to provide access to such interface documentation as they have themselves internally, at no more than a reasonable charge to cover the legitimate costs of supplying that information, for the purposes of allowing interoperability, is one thing. Requiring them to provide complete specs, at no charge at all, to anyone who asks for any reason, is something else entirely.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:not good enough by anandsr · · Score: 1

      Its only a one time cost anyway. As the interface documents can be provided along with the software on the CD. Open Source software generally comes along with the interface document, the code itself. You cannot beat it, with documents. In my opinion there should be a monopoly tax a hefty one for a company that does not provide all interfaces. Basically a monopoly already has enough benefits from economies of scale that it shouldn't have the benefit of thwarting competition. A non-monopoly should be able to thwart competition, to survive or kill itself due to too much such anti-consumer measures. Being a monopoly means that the consumer has no choice, which means that competitors need all help to create choice. This requires preventing anti-competitive measures like preventing inter-working solution from third parties.

    3. Re:not good enough by Waffle+Iron · · Score: 1, Insightful

      How would you feel if distribution were prohibited for every open source application that didn't provide and maintain comprehensive, correct documentation on all their interfaces and protocols?

      It's called the source code.

      If Microsoft were to simply post their source code up on their website, nobody would be asking them to write this "burdensome" documentation.

    4. Re:not good enough by polar+red · · Score: 1

      Requiring them to provide complete specs
      there's a difference between complete specs and revealing all secret doors. besides, your example is fundamentally broken : the source accompanying your open-source project contains all relevant information.

      --
      Yes, I'm left. You have a problem with that?
    5. Re:not good enough by Anonymous Coward · · Score: 0

      Baloney.

    6. Re:not good enough by Daniel+Phillips · · Score: 1

      Requiring a businesses with a monopoly advantage to provide access to such interface documentation as they have themselves internally, at no more than a reasonable charge to cover the legitimate costs of supplying that information, for the purposes of allowing interoperability, is one thing. Requiring them to provide complete specs, at no charge at all, to anyone who asks for any reason, is something else entirely. Oh, and that is why the GPL completely fails to work, which requires every distributor to provide full source code to any user who wants it, monopoly advantage or not. Oh wait, the GPL works just fine. So Microsoft, with several tens of billions of dollars to its advantage, ought to be able to muddle through somehow, hmm, don't you think?

      Actually, I would say you missed the point by a wide margin. The point is, those who need the specs can get them. Which amounts to a handful of CIFS developers.
      --
      Have you got your LWN subscription yet?
    7. Re:not good enough by polar+red · · Score: 2, Informative
      --
      Yes, I'm left. You have a problem with that?
    8. Re:not good enough by Anonymous Coward · · Score: 1, Insightful

      'How would you feel if distribution were prohibited for every open source application that didn't provide and maintain comprehensive, correct documentation on all their interfaces and protocols?'

      All open source applications already do that - it's called the source code.

    9. Re:not good enough by Anonymous Coward · · Score: 0

      How would you feel if distribution were prohibited for every open source application that didn't provide and maintain comprehensive, correct documentation on all their interfaces and protocols?

      Documentation isn't needed when you are writing something that must be interoperable with open-source software because you can just look at the source. Sure, it's nice to have, but having to look at the source is not the barrier to entry reverse-engineering proprietary software is.

    10. Re:not good enough by zotz · · Score: 1

      "How would you feel if distribution were prohibited for every open source application that didn't provide and maintain comprehensive, correct documentation on all their interfaces and protocols?"

      Simple solution to that problem, in place of said documentation, you can, at your option, provide the source code under a Free license instead. Problem solved.

      all the best,

      drew

      http://openphoto.net/gallery/index.html?user_id=178

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    11. Re:not good enough by Anonymous Coward · · Score: 0

      Requiring a businesses with a monopoly advantage to provide access to such interface documentation as they have themselves internally, at no more than a reasonable charge to cover the legitimate costs of supplying that information, for the purposes of allowing interoperability, is one thing

      Well, then you agree. Since documentation of its own protocols certainly exists within Microsoft and adding a compressed PDF to the free space at the end of a DVD costs next to nothing (or just including a whole extra disc, which also costs next to nothing but a little more than using the free space), then Microsoft should be doing what is asked of it but without the ~$10,000 price tag. No one says the docs have to be kept constantly up to date. We still are looking for protocol information on Exchange from circa 2001 and NTFS from further back, among other barely-moving targets. Update them once a year. Or even once every two years. This ain't rocket science. This is basic documentation, that Microsoft surely already has internally.

    12. Re:not good enough by Anonymous Coward · · Score: 0

      Giving the source code to the EU was summarily rejected a while ago, they said they wanted documentation.

    13. Re:not good enough by complete+loony · · Score: 1

      And that's where abominations like OOXML come from. Sure there's a description for every flag and the flags are in English in the XML, but it doesn't help much.

      --
      09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
    14. Re:not good enough by Anonymous+Brave+Guy · · Score: 1

      I have never defended the 10,000 Euro price tag here. That's clearly an unjustified anti-competitive mechanism in its own right. But scrapping that wasn't what the post I challenged was arguing for.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    15. Re:not good enough by ultranova · · Score: 1

      How would you feel if distribution were prohibited for every open source application that didn't provide and maintain comprehensive, correct documentation on all their interfaces and protocols?

      I know of no Free Open Source application which uses any non-documented interface or protocol. Perhaps you could name one ?

      --

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

    16. Re:not good enough by Bert64 · · Score: 1

      Chances are your developers tasked with implementing a given protocol will already be proficient coders, and the chance of them being able to read the provided example code is quite high.

      Reverse engineering on the other hand, adds a second requirement that your developers are less likely to have already, and which is a lot more expensive if you have to hire people.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    17. Re:not good enough by Anonymous+Brave+Guy · · Score: 1

      Don't be silly. There are hundreds of thousands of projects in SourceForge alone where the documentation is bordering on non-existent. Plenty of the "released" projects don't even have serious user documentation, never mind docs for those who might want to interoperate. But they are mostly small, niche projects, so this doesn't matter much in practice.

      Looking only at the big name OSS projects where interoperability really does matter, you either deliberately or inadvertently dropped the "comprehensive, correct" qualifiers I used. I doubt many here would support letting Microsoft off with producing a wiki and inviting everyone else to write the documentation for them.

      In any case, this is all academic, because I wasn't arguing that no OSS application maintains decent documentation. I was just pointing out the absurdity of an argument that it might be illegal to distribute any OSS product that didn't provide just-so technical documentation for others even if the developers didn't need it internally themselves.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    18. Re:not good enough by HiThere · · Score: 1

      I don't believe that they were offering to share the source code with developers under terms that would not prevent their being able to work on competitive products. I don't think they've ever offered that.

      The impression that I got is that they were offering VERY limited access to their source code. They've done it before. The terms result in strongly restricting who can look at the code, so if you aren't well financed, with a corporation behind you, you could pretty much forget it.

      I wonder what strings, besides the 10,000 EU fee, they're planning on this "offering". The news may be reporting it as a concession, but I won't believe it until I've examined the fine print. This is MS we're talking about here. (Even then, I'll be skeptical. They've pulled too many smooth backstabbings for me to trust them behind my back EVER. [IANAL, so legal verbage won't convince me it's safe to deal with them.])

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    19. Re:not good enough by MikeBabcock · · Score: 1

      You like a number of people arguing that perspective forget that this ruling only applies to businesses in monopoly situations. This is not about what every business should do, or must do, its about how Microsoft must document interfaces to a piece of software considered a nearly required piece of equipment, Windows, on most computers.

      Linux has no such requirement, nor does Apple for Mac OS X. If OS X became the de facto standard for interfacing with PCs, Apple would also be expected to document how its interfaces work to allow other developers to fairly compete with Apple's own bundled software.

      --
      - Michael T. Babcock (Yes, I blog)
    20. Re:not good enough by AeroIllini · · Score: 1

      Source code != documentation.

      Go ahead, go check out a recent snapshot of the OpenOffice.org codebase, and use it to try and work out how to write a plugin for it.

      Then go read the Developer's Guide [PDF warning!] and see how much easier it is.

      Anyone who thinks the code alone is sufficient documentation has never contributed to a large project.

      --
      For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
    21. Re:not good enough by Waffle+Iron · · Score: 1

      Source code would be sufficient for the purposes of addressing this monopoly protocol problem. It's not as easy to use as documentation, but it's more accurate. And it's 100 times easier than the current situation of reverse engineering an ever-changing black box.

    22. Re:not good enough by Anonymous Coward · · Score: 0

      When I buy a car, they do not provide things such as wiring diagrams or cam specs, but I don't complain because I don't need those things to use the car. If I want those things, though, I am forced to either figure it out myself/find out from someone who has done that, or buy the service manuals.

      It's simple: these are closed systems, and you will not get those things for free. You want to know how the cam specs? Then replace it with an aftermarket cam, and you'll get them with it. You want your OS's interface specs? Replace it with an open OS.

    23. Re:not good enough by Allador · · Score: 1

      Open Source software generally comes along with the interface document, the code itself. The 'code itself' isnt an interface document, or even interface documentation. It's an implementation.

      It may or may not include any documentation on the interface. Heck, it may not even have interfaces, and may just be a big pile of monolithic, tightly-coupled crapola with little-to-no documentation.

      And its arguable that if you do your interfaces right, you shouldnt need to or even want to see the impl, as that may encourage you to depend on behavior that's not documented in the interface (and therefore may change).
    24. Re:not good enough by bataras · · Score: 1

      Ok. The OS now costs 10.000 EU
      now you can have the free interface spec.

    25. Re:not good enough by ultranova · · Score: 1

      And the undocumented protocols and interfaces these projects use would be what, exactly speaking ?

      If by "interoperate" you mean "alter", then you're undoubtedly correct, the documentation of most such small projects sucks. But that has nothing to do with either protocols or interfaces. AFAIK they all use some standard protocol (HTTP, NNTP, POP3...). The sole exception which comes to mind is Freenet, but that's because Freenet is still pre-alpha and changes all the time.

      I was just pointing out the absurdity of an argument that it might be illegal to distribute any OSS product that didn't provide just-so technical documentation for others even if the developers didn't need it internally themselves.

      And I was pointing out that this wouldn't limit the choice of programs much if at all. Besides, source is documentation, and hopefully comprehensible for a developer.

      --

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

    26. Re:not good enough by Anonymous+Brave+Guy · · Score: 1

      This is not about what every business should do, or must do, its about how Microsoft must document interfaces to a piece of software considered a nearly required piece of equipment, Windows, on most computers.

      It's not even about that. It's about whether Microsoft is using a monopoly in one market to gain an artificial advantage in another market.

      If they do not have good interface documentation for internal use themselves, that non-existent documentation isn't providing a lot of advantage to them over their competitors, is it? Sure, it might be possible for someone within Microsoft to go read all the source code for the other areas they need to talk to, but I don't know how realistic that is, and unless you work/worked for Microsoft, I doubt you do either. Any court ruling about what Microsoft must do to restore fair competition in non-monopoly markets ought to take this into account.

      Obviously if Microsoft do already have relevant documentation available internally that isn't public, they might reasonably be required to release it to others to restore equity, but in that case, clearly they can do so with minimal cost so they can't justifiably complain about that.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    27. Re:not good enough by MikeBabcock · · Score: 1

      The above is what I was trying to imply, thanks for the elaboration. Their monopoly in Windows results in them having an unfair advantage in other areas like office applications, game development or database servers as they can just call up OS development and ask for a feature they need, for example (and there's plenty of evidence this has happened -- for old examples, see Undocumented Windows and Undocumented DOS).

      Of course, the problem is that this doesn't mean there is existing documentation, it could be in the form of random E-mails here and there or talks over the water cooler. Nothing necessarily sinister, just a little "hey Joe, can I get an API call that bypasses that driver check, its slowing me down" and you're off.

      Documenting these APIs accurately for others is the resulting demand by the courts, as right it should be. People who disagree don't appear to be aware of the facts.

      --
      - Michael T. Babcock (Yes, I blog)
  8. Darkside by packetmon · · Score: 0

    Moreover, Microsoft won't appeal the 500 million Euro fine any further.... In today's news, Microsoft has launched an ambitious political campaign in Europe lobbying the EU's top politicians. A Microsoft spokesman speaking on the condition of anonymity stated "Next time around, we'll make sure we buy them too" alluding to the methods in which some speculate MS has "bought" politicians in America. "If Google takes over the world, where would we be. We're saving the world from Google, nothing more nothing less" stated the MS spokesman.

    1. Re:Darkside by Anonymous Coward · · Score: 0

      Even though I don't consider it impossible that they at least try to do that people will know. One of the sane things that still apply here (at least in my country, Finland, and I'm rather sure that it's the same throughout the EU) is that everybody that gets elected must report in extreme detail precisely how their election campaign was funded - in essence every single euro except donations under 1 000 by private individuals (and you have to report it as a donation by an organization if several private individuals that belong to the same one so you can't work around it either). Then you can compare that with records of precisely how they vote once elected.

  9. 2 questions by jonwil · · Score: 5, Interesting

    1.What exactly does this cover? Which network protocols? Which data formats?
    and 2.Does the license exclude OSS/GPL or have Microsoft finally been forced into allowing GPL software to use its "secret sauce"?

    1. Re:2 questions by hankwang · · Score: 4, Informative

      1.What exactly does this cover? Which network protocols? Which data formats?

      See the EC ruling (PDF), especially article 999 on page 277:

      (999) Microsoft should be ordered to disclose complete and accurate specifications for the protocols used by Windows work group servers in order to provide file, print and group and user administration services to Windows work group networks. This includes both direct interconnection and interaction between a Windows work group server and a Windows client PC, as well as interconnection and interaction between a Windows work group server and a Windows client PC that is indirect and passes through another Windows work group server. The use of the term specifications makes clear that Microsoft should not be required to disclose its own implementation of these specifications, that is to say, its own source code. The term protocol relates to the rules of interconnection and interaction between instances of the Windows client PC operating system and the Windows work group server operating system.

      Also interesting:

      (1008) The requirement for the terms imposed by Microsoft to be reasonable and non- discriminatory applies in particular: [...] there is a need to ensure that potential beneficiaries will have the opportunity to review, themselves or through third parties designated by them, the specifications to be disclosed; Microsoft should be able to impose reasonable and non-discriminatory conditions to ensure that this access to the disclosed specifications is granted for evaluation purposes only;
      [...] to any remuneration that Microsoft might charge for supply; such a remuneration should not reflect the strategic value stemming from Microsoft s market power in the client PC operating system market or in the work group server operating system market;

      The decision does not seem to give a hard number for how much MS may charge for disclosure of the specs.

    2. Re:2 questions by fjanss · · Score: 1
      The text published by the European Commission

      Wherein :

      "First, 'open source' software developers will be able to access and use the interoperability information."

      ...

      "The agreements will be enforceable before the High Court in London, and will provide for effective remedies, including damages, for third party developers in the event that Microsoft breaches those agreements. Effective private enforcement will therefore complement the Commission's public enforcement powers."

    3. Re:2 questions by fgaliegue · · Score: 2, Insightful

      From your text above, something quite crucial is missing imho: does this disclosure apply to past, present or future versions of Windows?

      Also, what is a "Windows work group server"? Would that be a PDC, or a simple server on a given workgroup with no domain control features whatsoever?

      And finally...

      > Microsoft should be able to impose reasonable and non-discriminatory conditions to ensure that this access to the disclosed specifications is
      > granted for evaluation purposes only

      "For evaluation purposes only"? Uh, does it imply that these documentations provided do no even need give enough information for a _functional_ implementation, or am I too cynical?

      IMHO, the wording is far too imprecise, and certainly not worth the 10k asked by Microsoft.

      Bah, I guess a fund collect could be raised and the specs handed out to the Samba team. At least, they would be able to tell us whether the 10k are actually worth it, since they already know a lot about these protocols.

    4. Re:2 questions by hankwang · · Score: 1

      "For evaluation purposes only"? Uh, does it imply that these documentations provided do no even need give enough information for a _functional_ implementation, or am I too cynical?

      I didn't copy the whole text (as indicated by [...]), so read the original if you're unsure. I interpreted it as: MS should provide free excerpts to prospective buyers of the specs for evaluation purposes to make sure that the buyer knows what he is going to spend his money on.

  10. Dinner by ddrichardson · · Score: 0

    Kroes personally negotiated with Microsoft President Steve Ballmer in a number of conversations including over a meal at a restaurant near her home town of Rotterdam, in the Netherlands, she said.

    "I paid for the dinner," she said.

    Seems only fair, weather she was out of the range of chairs, she didn't say.

    --
    A thistle is a fat salad for an ass's mouth...
    1. Re:Dinner by Corporate+Troll · · Score: 1, Offtopic
      weather

      Aaaagh, how I hate that mistake: it is "whether"... Please, "weather" is the thing about sunshine and rain... *weeps*

    2. Re:Dinner by Intron · · Score: 1

      Unless it was raining chairs...

      --
      Intron: the portion of DNA which expresses nothing useful.
  11. So still refusing to comply by Anonymous Coward · · Score: 5, Insightful

    So yet again they're still refusing to comply, they've just dropped the price and announced they're now complying when they're patently not?

    This is no different to when they paid the last fine and announced they'd finally given in to the EU demands and offered the documentation at 50k with restrictive license.

    So they drop the price a little, and the restrictions a little, but so what? It's the same game. The EU needs to force compliance here. Or they'll play this game forever.

    1. Re:So still refusing to comply by nschubach · · Score: 1

      * put on tin foil hat *

      Hey! The EU found a bank that gives out money every time they need it...

      * take off hat *

      They were forced to open up their "standard" for a nominal fee. How much it helps the rest of the world is debatable for now. All we can do it wait and see unfortunately.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    2. Re:So still refusing to comply by Dragonslicer · · Score: 1

      announced they're now complying when they're patently not? Damn, Microsoft has the patent on not complying with a court order?
  12. Whence the chipper tone? by the+bluebrain · · Score: 3, Insightful

    So Microsoft simply caved, and will now co-operate fully with all comers, and will comply with the letter (if not the spirit) of the ruling?

    Balls. They've just taking the fight to the next level, that's all. The expression "cold, dead hands", comes to mind, when contemplating any usable spec belonging to MS.

    --
    yes, we have no bananas
    1. Re:Whence the chipper tone? by brouski · · Score: 2, Interesting

      "Men, we have not yet begun to stall!"

      --
      Proud member of the American Non Sequitur Society. We might not make much sense, but boy do we love pizza!
  13. If their doc spec is bad, how about their protocol by Cryophallion · · Score: 1

    So, their spec for OOXML calls for displaying things like office does.

    Who's to say that their interface docs don't have a line somewhere that says it "connects with a share like xp does" in order to protect the code within the "blue bubble".

    I know interfaces should be relatively free of things like this, but when they take thousands of pages to lay out a document format that still isn't specific enough, I can only wonder how much they will continue to leave out of the info they give to everyone else to protect their intellectual property.

  14. Tax Euros put to work? by AlXtreme · · Score: 4, Interesting

    So, how about the EU uses a very small portion of those fines (say, a nominal one-off payment of E 10000) to obtain these documents once and publish them for all us open source developers via a new sourceforge.net project?

    I'm all for interoperability, but it's not like I'm going to pay $10000 for half-undocumented Microsoft protocols. At least a small portion of all those millions would be put to good use, instead of it all disappearing into the black hole that is the EU budget.

    --
    This sig is intentionally left blank
    1. Re:Tax Euros put to work? by Anonymous Coward · · Score: 0

      Amen!

    2. Re:Tax Euros put to work? by darthflo · · Score: 4, Informative

      As if. According to TFA, there are royalties on whatever product is built using those specs and MSFT's patents, so quite probably redistribution of the spec itself won't be covered by the nominal one-off payment of 10'000. If the EU had actually required those specs to be made available for free, they would've included that in their ruling. They didn't and they aren't going to break laws just to make some OSS developers happy.

    3. Re:Tax Euros put to work? by AlXtreme · · Score: 1

      Well, over here in the EU software patents still aren't legal. If "invitation-only" access were given to any interested open source software developers, I guess there wouldn't be any legal hurdles to take. Depending on which entity (not-for-profit foundation) would have access to the specs, this would be a perfectly legal means of having access to these specs.

      They do mention open source developers explicitly, so yes, I do think the point is to make us happy. If it actually would be worth the effort, that's naturally a completely different story.

      --
      This sig is intentionally left blank
    4. Re:Tax Euros put to work? by mqduck · · Score: 1

      Well, IF the EU could do that, why couldn't anybody? There are lots of F/OSS institutions out there with deep enough pockets.

      --
      Property is theft.
    5. Re:Tax Euros put to work? by Anonymous Coward · · Score: 0

      I'm all for interoperability, but it's not like I'm going to pay $10000 for half-undocumented Microsoft protocols.
      You could always pay nothing and get undocumented open-source protocols...
  15. peanuts by spikedvodka · · Score: 1

    ... 10k Euros just to see the protocol specs... yeah right, for large corps that's chickenfeed, but for your OSS projects, that's a very good chunk o' change.

    I'm to lazy to read the exact ruling, but charging 10k for it would seem to at least violate the spirit of the ruling

    --
    I will not give in to the terrorists. I will not become fearful.
    1. Re:peanuts by AVee · · Score: 1

      Whether or not that actually matters depends largely on the terms that come with the documents. If they can be republished it really will be a one time fee after which the documents will end up on some public website. In that case, someone (or some group) will come up with the money and all will be well. If the documents cannot be republished there will probably be some open source lib_ms_protocols you can use in your project. (If creating that library under an OSS license is not possible MS didn't actually implement the verdict and this will go into a next round.)

    2. Re:peanuts by The+Cisco+Kid · · Score: 1

      If anyone sympathetic to meaingful choice, real competition, and Free Software is able to get their hands on whatever documentation is provided, I can guarantee you they will end up on the web somewhere, _regardless_ of the terms that come with them. Think back to DeCSS.

    3. Re:peanuts by AVee · · Score: 1

      Surely, but this will make the status of any software implemented based in that information somewhat difficult and therefore likely unsuitable for business use. This is indeed just like DeCSS, which still has a not entirely clear legal status. There are clearly legal solutions for linux available, but afaik there is no solution which is both clearly legal and open source.

    4. Re:peanuts by cdrguru · · Score: 1

      I would say the status of DeCSS is perfectly clear. At least one company went down because they were distributing a CSS-bypassing product. It is illegal to distribute anything that decrypts CSS protected movies without a license from the DVD Forum. Period.

    5. Re:peanuts by AVee · · Score: 1

      Yeah, when you are living in the US that is probably true, but the world is a bit bigger. Here in the Netherlands there is no DCMA (yet) and copyright law contains a clause explicitly permitting reverse enginering of software for compatibility reasons. One could easily claim DeCSS falls under that clause (it provides DVD playback compatibility to my linux PC). Afaik this has not been tested court in anyway, so to me it's status is 'likely legal, but yet sure'.

  16. That's it? by rsantmann · · Score: 4, Informative

    Microsoft makes about 50 billion USD per year.[1] That is only 1% of Microsoft's one year revenue. Anyone who thinks this is going to deter Microsoft from anti-competitive practices is badly mistaken.

    [1] http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9001926

    1. Re:That's it? by toQDuj · · Score: 1

      Well, it's a little more, given that you can now get 1.435 dollars per euro :). So make that about 1.4% and you'd be about right.

      --
      Every experiment which ends in a big bang is a good experiment.
    2. Re:That's it? by Daniel+Phillips · · Score: 1

      Microsoft makes about 50 billion USD per year.[1] That is only 1% of Microsoft's one year revenue. Anyone who thinks this is going to deter Microsoft from anti-competitive practices is badly mistaken. If I recall correctly, the EU is able to fine Microsoft up to 5% of global revenue for each product in violation of EU competition laws. A large caliber weapon by any standard. Obviously, Microsoft blinked.
      --
      Have you got your LWN subscription yet?
  17. Microsoft still wins by m2943 · · Score: 5, Insightful

    $10k is peanuts for commercial companies. It even is peanuts for open source companies. But the fact that there is any fee at all means that the information is not public, and this will likely exclude open source competitors, which is what Microsoft wants most of all.

    Fortunately, there may be workarounds: people can write small binary-only Microsoft compatibility plug-ins which plug into larger open source applications that eventually can replace Microsoft's applications.

    1. Re:Microsoft still wins by anarxia · · Score: 4, Insightful

      Or write a "reference" implementation. It's no substitute for documentation but it will help those that cannot/will not buy the specification.

    2. Re:Microsoft still wins by Super_Z · · Score: 1
      From the article:

      First, open source software developers will be able to access and use the interoperability information. Microsoft will not assert patents against non-commercial open source software development projects.
      Which means that the information should be free for non-commercial use.

      Second, the royalties payable for this information will be reduced to a nominal one-off payment of 10,000 euros.
      Which IMHO should not be applicable to non-commercial use as "royalty" implies a cut of your profit.
      This looks to me as a complete win for the FOSS movement.
    3. Re:Microsoft still wins by Stroot · · Score: 1

      Well, it's a start at least. What did the US do about Microsofts monopoly?

    4. Re:Microsoft still wins by Anonymous Coward · · Score: 3, Insightful

      $10k is peanuts for commercial companies. It even is peanuts for open source companies. But the fact that there is any fee at all means that the information is not public

      Well, no. E.g. You have to pay a fee for most public documents (say, court records), but you're free to redistribute them. If they're copyrighted, you can still write your own documentation/description of the information and distribute that. (Remember folks, copyright only covers the expression, not the idea itself) Take the Linux kernel and POSIX for example. Linus originally said his OS wouldn't be POSIX-compliant because he couldn't afford to pay for the spec. Today Linux is pretty much entirely POSIX-compliant, despite noone (except Linux-FT?) having ponied up the cash. This is because POSIX has been re-documented in plenty of other places.

      So the pertinent question isn't really whether there's a fee or not, or even whether there's a copyright on the docs or not. The most important question in my mind, is whether the info will be available under an NDA or not.

    5. Re:Microsoft still wins by Sockatume · · Score: 1

      But the fact that there is any fee at all means that the information is not public, and this will likely exclude open source competitors, which is what Microsoft wants most of all. Well, it's not meant to be about putting Microsoft's products in the public domain, is it? If you think that the case was supposed to throw open the gates and allow free software to just sweep onto Microsoft's turf, you've misled yourself. It's about providing a reasonably level playing field for Microsoft's marketplace competitors.

      --
      No kidding!!! What do you say at this point?
    6. Re:Microsoft still wins by petermgreen · · Score: 1

      The thing is MS has pretty much killed all competitors apart from opensource.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    7. Re:Microsoft still wins by Anonymous Coward · · Score: 0

      Fortunately, there may be workarounds: people can write small binary-only Microsoft compatibility plug-ins which plug into larger open source applications that eventually can replace Microsoft's applications.
      Making the application non-free. Thanks but no thanks, the FOSS community has it's principles.
    8. Re:Microsoft still wins by bjourne · · Score: 1

      Not that it matters, but please. It is 10k (EURO). $14286

    9. Re:Microsoft still wins by Sockatume · · Score: 1

      Sad but true. This is about a decade too late.

      --
      No kidding!!! What do you say at this point?
    10. Re:Microsoft still wins by The+Cisco+Kid · · Score: 1

      MS isnt releasing their code. Just (ostensibly) protocol documentation that should have been open and public to begin with. And the *only* serious competitive threat to MS *IS* Free Software. Which means this 'settlement' effectively keeps MS monopoly firmly in place. Any corporations which begin to be a threat will be squashed with MS' massive warchest. So there is still no 'level playing field' - the huge barrier to entry is still there, and the 10,000 foot cliff with huge point spikepit at the bottom a few dozen yards past that for those that actually are able to enter is still there.

    11. Re:Microsoft still wins by Sockatume · · Score: 1

      Yeah, I could've phrased that better. However my point stands: the case was never meant to make Microsoft's interoperability information freely available, just available to their marketplace competitors. If you're looking for a massive Microsoft-crumbling legal assault, this was the wrong place to look, so I don't understand your reaction.

      --
      No kidding!!! What do you say at this point?
    12. Re:Microsoft still wins by falconwolf · · Score: 1

      Well, it's a start at least. What did the US do about Microsofts monopoly?

      After Clinton's Justice Department had Microsoft on the ropes Bush's new JD didn't even slap MS on the wrists. Of course Bush's admin is more big business friendly.

      Falcon
    13. Re:Microsoft still wins by falconwolf · · Score: 1

      it's not meant to be about putting Microsoft's products in the public domain, is it?

      It wasn't about putting MS's products into the public domain, it was about making it possible to create interoperability and for software developers to write software compatible with MS software. No source code is required to be released at all.

      Falcon
    14. Re:Microsoft still wins by m2943 · · Score: 1

      So the pertinent question isn't really whether there's a fee or not, or even whether there's a copyright on the docs or not. The most important question in my mind, is whether the info will be available under an NDA or not.

      You're stating the obvious.

      Now, if you thought it through more carefully, you'd realize that the fact that Microsoft is permitted to charge $10k for the information means that the EU is letting them keep the information secret. And that's a problem with the EU judgment. Maybe the information will leak out anyway, and that would be a good thing, but that would be no thanks to the EU.

    15. Re:Microsoft still wins by m2943 · · Score: 1

      Which means that the information should be free for non-commercial use.

      That's completely useless, since most open source use is, in fact, commercial.

      Which IMHO should not be applicable to non-commercial use as "royalty" implies a cut of your profit.

      No, it doesn't. All the term "royalty" implies is that someone is paying for using something that is proprietary. For $10k, you get information that lets you write an interoperable commercial implementation, but probably prevents you contractually from ever creating an open source implementation.

      This looks to me as a complete win for the FOSS movement.

      You're totally naive.

    16. Re:Microsoft still wins by m2943 · · Score: 1

      Well, it's not meant to be about putting Microsoft's products in the public domain, is it?

      I don't want Microsoft's shitty products. I want to be able to read and write their file formats with my open source software.

      It's about providing a reasonably level playing field for Microsoft's marketplace competitors.

      Microsoft has eliminated all their closed source competitors through illegal, monopolistic practices. The only companies able to compete with them are open source companies because they are the only ones not susceptible to Microsoft's dirty tricks. But in order for open source companies to compete with Microsoft, Microsoft must open up their protocols and file formats, with no strings attached.

    17. Re:Microsoft still wins by The+Cisco+Kid · · Score: 1

      Yeah, but the only real 'marketplace competitor' to MS is Free Software. If it isnt available to them, the if thats what the case was meant to do, it failed.

  18. right. by apodyopsis · · Score: 1

    I like the cost. "nominal one-off payment of 10,000 euros."

    Nominal for large multinational corporations you means. How many open source projects will stump that?

    Sure MS paid the fine, but have they succeeded in making things hard for the little developers?

    Besides, fining MS is like siphoning your water from the Niagara falls - sure you get wet but you don't make a dent. I have held the view for a long time that fines for companies should be based on a percentage setting, that way firms of all sizes are hit more equally. Or maybe a formula based on size, income and percentage - there must be an improvement on current methods of setting penalties.

    1. Re:right. by mrjb · · Score: 1

      like the cost. "nominal one-off payment of 10,000 euros."
      Nominal for large multinational corporations you means. How many open source projects will stump that?
      That's the least. An sufficiently popular open source project could simply raise the funds. But will they be able to use the specifications in an open implementation, or will they effectively need to sign an NDA for the specs and stay closed source?

      --
      Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    2. Re:right. by Anonymous Coward · · Score: 1, Insightful

      To publish source code that uses the specification is to reveal the specification itself. As far as I can tell, all that is really needed is for one of the open source companies to buy a bunch of MS specifications and give away trivial programs that make use of the MS-provided information. The trivial program might be for "non-commercial use only", but that says nothing of derived works that have no similarity to the original code.

    3. Re:right. by Shados · · Score: 1

      I didn't read the article, but I did read the summary (wow me), and read other stuff about it before...and the way I understand it, its for corporate competitors. Even a tiny 3 people ISV can afford the 10k euros if they need it. The only ones who can't, are projects without budgets whatsoever (and even then, some can raise that kindda funds from donation).

      Its not meant to help hobbyist open source projects. I mean come on, my -hobby- development tool stack is worth almost 10k. What I use everyday for work (in a company of 6 employes currently) is worth like 20k. 10k for those specs is peanuts. And if you assume they'll support them somewhat, and give you printed documentation or something, then its a steal: not for specs in general (since a lot of alternate specs are free), but because these are specs they didn't even want you to have, and will be worth it for anyone with an actual product that wants to enhance it.

      Now, don't get me wrong, I feel specs should be free when possible, but in this case, the judgment is about antithrust, so its mostly about cold hard cash and money, and Microsoft's competitors that were wronged over the years. The 10k fee is probably to keep the specs in the hands of those that were wronged, and not the general public. Its symbolic more than anything... 20k or less is "free" for anyone who's supposed to have these specs.

    4. Re:right. by everphilski · · Score: 1

      I mean come on, my -hobby- development tool stack is worth almost 10k.

      You seem like you know what you are talking about. How do you valuate your hobby development stack? Time of development? Utility? Availability vs. other existing products? I'm curious because I have a hobby toolkit and I've had (delusions, mostly, but maybe someday) thoughts of making it marketable, and that's something I have no clue about. If this is something you are familiar with I'd be glad to hear your opinion on the matter.

    5. Re:right. by Shados · · Score: 1

      Oh, I simply valuated it at "how much did I pay for the development tools I use whenever I play around with programming". Since one of the tools is Visual Studio Team for Software Dev, it raises the bar quite quick.

      So if I understand well what you mean, your question is "what I find important in a hobby toolkit?".

      Just ONE thing: how much fun I have with the tool. Thats it, thats all :) Even if its utherly useless. (I have bought quite a few completly useless tools, simply because they did cool stuff in short amounts of time. They were short on the enterprise level, but I could, let say, host a broken web site that did 1-2 cool things and show off).

    6. Re:right. by Shados · · Score: 1

      Oh wait, I just understood what you meant (super warm here and my brain's overheating I beleive). I don't SELL a hobby dev tool stack. Im the customer, not the supplier :)

    7. Re:right. by everphilski · · Score: 1

      I don't SELL a hobby dev tool stack.
      Me either, but I think there might be a market for it (or my services using it) ... not now but maybe in the future. But you listed a price tag and I was curious how you came to it.

    8. Re:right. by Shados · · Score: 1

      Makes sense. Well, the price tag can be really of 2 things for the actual software. Either flat ZERO if you're talking to an open source guy/girl, or "whatever it is an MSDN Subscription costs" if you talk about an MS lover, plus a K or two in plugins and stuff for Visual Studio.

      As for your services, anywhere between 15$ and 250$/hour, depending on how good you are :)

    9. Re:right. by everphilski · · Score: 1

      Thanks for your insights.

    10. Re:right. by Anonymous Coward · · Score: 0

      "I like the cost. "nominal one-off payment of 10,000 euros."

      Nominal for large multinational corporations you means. How many open source projects will stump that?

      Sure MS paid the fine, but have they succeeded in making things hard for the little developers?"

      Canonical (makers of Ubuntu) will donate 10,000 euros to the Samba project. That is all that is required. Other FOSS projectcs will inter-operate via Samba.

      Problem solved.

    11. Re:right. by falconwolf · · Score: 1

      Besides, fining MS is like siphoning your water from the Niagara falls - sure you get wet but you don't make a dent. I have held the view for a long time that fines for companies should be based on a percentage setting, that way firms of all sizes are hit more equally. Or maybe a formula based on size, income and percentage - there must be an improvement on current methods of setting penalties.

      I read somewhere where EU rules allow a fine of 5% of a company's worldwide revenue. Seeing as how MS's 2007 revenue was 51,122,000,000 the fine could of been as high as $2.5B. Or is it 5% of profits? With profits of $40,429,000,000 that would still be more than 2B dollars. So this fine is nothing more than a light slap on the wrist.

      Falcon
  19. Place for GNU? by jhines · · Score: 3, Interesting

    GNU, the organization, would seem to be a perfect fit for this, let them raise the $10K for the license on behalf of all their developers who use the information for GNU projects. This would be like looking them like a huge, widely distributed, company.

    1. Re:Place for GNU? by AvitarX · · Score: 3, Interesting

      Would GNU want to spend money to encourage use of closed source software?

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    2. Re:Place for GNU? by MrNemesis · · Score: 1

      If they do, tell me where to sign up. I'm no coder, but if I can put some of my money where my mouth is and use some disposable income to purchase the specs to help make a better groupware solution for the Linux stack then count me in. Similarly for all of th eother projects that have made my life as a Linux sysadmin so much easier.

      Get an AD or Exchange compatible replacement royalty free and any company worth its salt will consider implementing it as an emergency backup solution. Once it gets in, it's never going to go away. Heck, we're a dyed in the wool windows shop and out web servers, oracle servers and SAN already run 100% Linux (mostly all RHEL sadly, I'd kill for a Debian based distro but there you go), despite it having almost universal derision throughout the windows admins (almost entirely due to unfamiliarity). I was brought in because I'm reasonably proficient in both. If Linux can start fighting MS on its own ground and on its own terms, adoption will skyrocket.

      --
      Moderation Total: -1 Troll, +3 Goat
    3. Re:Place for GNU? by wvmarle · · Score: 1

      Well, for starters, I have written GPL'ed software and released this on a.o. Sourceforge - but that does not make me a member of the "GNU company", whatever that may be. So I doubt that will allow me a copy of the documents that GNU may buy.

      That said, I do understand the idea of GNU or so buying this documentation, and maybe write a reference implementation. Is this encouriging the use of closed source software? Maybe - maybe not. On one hand one may argue "it legitimises the software" by making it work with OSS, on the other hand, OSS is also made to work with Windows better, making it a better alternative. And there is nothing wrong with that.

      In the eight or so years I've been reading /. (only recently got an ID), I found here a strong tendency of "windows must be destroyed, closed source software must be destroyed". Parent's remark also has that air. I don't agree with this - for me the most important part is that software works together nicely. I can read my e-mail on my iBook, on my Linux computer with Evolution, and on another laptop running Windows and Outlook Express. All thanks to the IMAP protocol, running on my Linux server.

      Compatibility, that should be the final goal. Open specs is a very important step towards that; having those specs implemented into standards (like now ODF for documents) is an even more imporant step. Honestly I do not care who made the standard, and how it came into being. Let the Exchange protocol be a standard - I hope this time it's a decent one, not like OOXML. Let it be documented thoroughly, and let there be several good servers and numerous clients that implement it. Then we are there: there is choice, and there is a standard.

      And embrace-and-extend can also be tackled, as soon as it is a true standard.

      Now imagine there are half a dozen clients with good implementation of the Exchange protocol. Some companies use Microsofts clients, others run OSX with an OSX client, others LInux, others Windows with a competing client. Now if there are enoug of those, Microsoft can not change the protocol without pissing off many companies, who then may consider switching to a competing server implementation.

      And that is the world I hope to see sooner or later. Ah well I'm afraid it will remain dreaming for now.

      Wouter.

    4. Re:Place for GNU? by jhines · · Score: 1

      I would think the head honcho's over at MS would move robust feces if they found their goodies had been licensed by open source folks.

      That said, I do believe that GNU could act as a corporation and license the stuff. It certainly would make good court theatrics to have RMS sitting there with a wad of cash, and have the attornies say "you mean license to this guy under these terms". A real put up or shut up action.

      I do think this is angle tha GNU/RMS should look into.

    5. Re:Place for GNU? by Anonymous Coward · · Score: 0

      They could give MS a taste of their own medicine

    6. Re:Place for GNU? by 10101001+10101001 · · Score: 1

      Um...they'd buy the specification so that there'd be free software to surplant closed software. Once the free software is written, the underlying formats/protocols would be open. I'm not sure how any of this could be taken to be "encourage[s] use of closed source software", except in the way *any* software written can be somehow used in conjunction with existing software, closed or open.

      --
      Eurohacker European paranoia, gun rights, and h
    7. Re:Place for GNU? by cdrguru · · Score: 1

      Just venting here...

      What you describe is utter stagnation - "Microsoft can not change the protocol without pissing off many companies ..."

      This is an absolute formula for zero growth. It is one of the things that causes a lot of Linux development to be done in fits and starts where something stagnates for a long period of time because "Oh, we can't manage change in THIS area." This is a formula for a repeat of where we are with SMTP today.

      All change is not bad. There are ways of implementing changes in established protocols if the original protocol allows for it and it is done carefully.

      Today, we are stuck with SMTP and no replacement is anywhere on the horizon. Why? Because the nobody wants to manage the change.

      Microsoft is not the enemy. They can be a partner and must be if there is to be any real progress by anyone except Microsoft. Calling them the enemy, refusing to work with closed-source software and just trying to be obstinate will result in Microsoft being the only choice far, far into the future.

    8. Re:Place for GNU? by falconwolf · · Score: 1

      Would GNU want to spend money to encourage use of closed source software?

      As long as it helps spread FOOS I'd think GNU would be willing to spend the money.

      Falcon
  20. I still don't understand .... by Alain+Williams · · Score: 4, Insightful
    will we be able to use this in an OSS project ?

    What restrictions come with the specification that we pay 10,000 Euros for? If there are restrictions on what we can do with the knowledge gained, then we can't use it. M$ could argue that publishing code written using their spec is the same as publishing their spec and so everyone who reads the code has to pay 10k Euros.

    Until this is explained in full: we need to hold back on popping the champagne corks.

    How good will the spec be? If it is anything like the OOXML one then there will still be huge holes. M$ is smart enough to only publish in the spec the bits that have been reverse engineered: this allows it to claim that it has revealed a lot without adding anything to what is known by the rest of us.

    1. Re:I still don't understand .... by Shados · · Score: 1

      My understanding is that these specs will be for their competitors such as IBM, Sun, etc. Open source is most likely out of luck here.

  21. Resistance by Esion+Modnar · · Score: 1

    is futile. (Sorry, had to.)

    --

    They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
    1. Re:Resistance by Anonymous Coward · · Score: 0

      Resistance is voltage divided by current.

  22. Only one taker by flyingfsck · · Score: 5, Interesting

    The Samba project will likely buy a copy. Everyone else will simply use Samba then as before. I don't think MS will recover their fine from selling that specification.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
    1. Re:Only one taker by mabhatter654 · · Score: 3, Insightful

      no, Samba won't, because of this INFORMATION having any terms at all, they should not touch this with a 100 foot pole. The EU sold them out is what just happened. Samba already has BETTER documentation than Microsoft, they were advising the EU on what was necessary versus the line of BS Microsoft was trying to feed the court. Samba only needs about 50 pages of specs to make their implementation complete... this ruling could potentially open Samba up to legal problems because now M$ could claim Samba didn't buy or abide by the license.

      Microsoft WON this case by wearing down the court, the EU didn't effect a punishment that will actually hurt M$ and the ruling will be twisted in M$ favor for years to come. The EU LOST the case!!!

    2. Re:Only one taker by Anonymous Coward · · Score: 0

      eeehh. ? Is there a legal entity "Samba Team" that can buy this ? If so, which developers does it cover ? Or does each developer have to buy his own copy ?

      The devil is in the details. bottom line: This will only work if Microsoft is not out to frustrate the agreement by all kind of shenanigans, or if the text of the agremeent is VERY outspoken in favor of open source. In which case I doubt MS would agree with it.

      So lets wait and see what the usual Free software legal teams have to say about this.

    3. Re:Only one taker by Anonymous Coward · · Score: 0

      why buy when they reverse-engineered all the good parts?

  23. We told you so by zoobab · · Score: 5, Informative

    Microsoft will trump EU competition ruling with patents Brussels, 17 September 2007 -- The Foundation for a Free Information Infrastructure (FFII) says that Microsoft was expecting the 17 September verdict of the EU's anti-trust case, and will exploit software patents to keep its monopoly grip on the global IT market. FFII president Pieter Hintjens explains, "The decision seems positive but it is five years out of date. During that time, Microsoft has lobbied for software patents in Europe and bought patents on many trivial concepts. It has claimed patent violations against Linux, put patent timebombs into its formats and interfaces, and turned fear of patents into a core part of its business strategy. It will now open its formats, because that lets it extend its software patent franchise even further." Microsoft recently published its MCPP (Microsoft Communications Protocol Program) patent licence which requires competitors to pay royalties for each copy of software distributed. For example, a free software project making a print server would have to pay USD$8 to Microsoft for each copy downloaded. "The largest monopolist in history has faced down the largest economy in history," says Benjamin Henrion of the FFII's Brussels Office. "Microsoft will appeal, and the fines if ever paid are just a month or two of profits. Meanwhile Microsoft now has the time to crush its only real competition, the free and open source economy. We regret that the EU Commission and ECJ are blind to the real threat of software patents, while Microsoft cleverly exploits Europe's own patent system against EU businesses. This is a defeat for Europe's anti-trust, a defeat for the global economy, and I'm sure they're popping the champagne in Redmond." Background information In the proceedings of the EU antitrust trial, Microsoft states that its communication protocols are covered by at least 3 European patents or patent applications (namely patents 'EP 0661652', 'EP 0438571' and 'EP 0669020'). In addition, another 20 patent applications are pending in the United States, as are 2 in Europe (in its reply, Microsoft states that one of its two applications has since been granted, namely patent 'EP 1004193'). Moreover, Microsoft is planning to apply for 'some 130 European patents relating to Windows server operating systems'. Jeremy Allison, leader of SAMBA, the open source project file and print services for Linux/Unix servers and Windows-based clients, mentioned recently in LinuxWorld that the MCPP patent licences will make impossible for open source to use them: "We read the license, it's impossible to release open source implementations of the product. You have to keep it secret. This defeats the whole idea of open source."

    1. Re:We told you so by boule75 · · Score: 3, Insightful

      Absolutely, mod this up !

      Nelly Kroes from the EU just declared Victory to retreat faster. Please read and link the EU press release, there (English only): http://www.europa.eu/rapid/pressReleasesAction.do?reference=IP/07/1567&format=HTML&aged=0&language=EN&guiLanguage=en

      - Any decisions as to wether Microsoft complies will be made by an English court, some day, with a rule probably but which one nobody knows. But - by Jove ! - those rules have just changed... More delays, more legal battles, more defeats for the good guys.
      - They have not settled about the fees... Or has Reuters more information? Or more disinformation?
      - The press release if filled with patent-talk (with consequences) even while software patents are still not recognised in the EU. In this respect, this IS a full blown victory for the huge patent troll that is MSFT, because the commission plays by US-UK rule.

      Conclusion: the US corps rule the EU through proxies. It's as simple as that.

      Next: more GM food, getting rid of all those bees, enforcing all those patents on living things created long ago. "Someone patented a one-click, so I patented a gene. And _I_ earn money with it! Waaaaa!!!"

      --
      I am not Remy Mouton, unfortunately: http://remy.mouton.free.fr/art/
    2. Re:We told you so by skynexus · · Score: 1

      Well, that FFII press release was from September 17 regarding the verdict of the EU's anti-trust case while this EU commision press release is brand new in which Microsoft now presumably addresses the problem of open-source incompatibilities in the MCPP. Until seeing Jeremy Allison's comments on the latest updates I won't be entirely convinced, but the EU commission appears to have been interested in ensuring that Samba could benefit from this.

      Any decisions as to wether Microsoft complies will be made by an English court [...]

      Again from the press release, this appears to be meant to provide efficacy to the agreement, not to worsen matters. Before concluding this is a bad thing, I would like to know how private enforcement complementing public enforcement would help in the first place?

      The press release if filled with patent-talk (with consequences) even while software patents are still not recognised in the EU. In this respect, this IS a full blown victory for the huge patent troll that is MSFT, because the commission plays by US-UK rule.

      Put differently, the EU recognizes the reality of software patents in the US, Japan, possibly itself in the future, and so forth, and intelligently ensured projects like Samba could still benefit worldwide since "Microsoft will publish an irrevocable pledge not to assert any patents it may have over the interoperability information against non-commercial open source software development projects".

  24. NDA? by jfbilodeau · · Score: 2, Insightful

    What about NDA? Could we purchase the specs and share them openly?

    --
    Goodbye Slashdot. You've changed.
    1. Re:NDA? by Anonymous Coward · · Score: 0

      No because it also requires royalty payments of your products

  25. Only 10,000 euros! by Richard+W.M.+Jones · · Score: 3, Insightful

    So after years of illegally leveraging their monopoly to drive others out of business and drive up the price of software and goods, their "punishment" is to charge people even more. This "justice" things sounds great, wish I could get some of that!

    Rich.

  26. BS by AlgorithMan · · Score: 1

    every patented technology is excluded
    i.e. they do pretty much nothing...

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  27. To quote the borg.... by 8127972 · · Score: 1

    "Microsoft ended three years of resistance on Monday and finally agreed to comply with a landmark 2004 antitrust decision by the European Commission."

    Resistance is futile. Sadly, it won't make a difference IMHO.

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
  28. Don't get too cozy by Anonymous Coward · · Score: 3, Interesting

    "Look Ma! The ferocious mountain lion is really a big kitten!"

    Perhaps. What worries me is that Microsoft recently vowed to start buying open source companies. Most of the work on standards based collaboration software and related technology that I'm aware of (e.g. Chandler, Bedework, etc.) (exception: Apple's iCal server) is done by a few small tight groups. Are any of them going to withstand millions of dollars in cash for the sake of principle? I'm a die-hard F/OSS advocate myself, but if someone were to offer me a few million to abdicate my principles; money I could use toward my children's education and otherwise bettering my family's life - well, that would be a hard pill to swallow. I have other principles too, like maintaining my marriage for example.

    I really hope a large corporation that buys the F/OSS vision (Are you listening SUN?) steps in to preempt such a hostile maneuver. If they do, everyone wins. I'd take a million dollars from SUN before taking 50 million from Microsoft any day; and I bet most F/OSS developers feel the same way. If the big players sit on their hands, we all lose, as there will never be an answer to Microsoft's dominant collaboration suite.

    You can have a better OS, but you really need to hit all of the important application targets in order to present customers with a viable alternative to Microsoft hegemony.

    It's not just the collaboration suites we should be worried about, BTW. Microsoft could buy UNIX IP as well (SCO is dead, but Novell is alive and well, and already getting cozy). The big F/OSS players better get their ducks in a row fast, or MS may very well soon act to back up their empty bluster with real products, real patents, and real lawsuits.

    1. Re:Don't get too cozy by junglee_iitk · · Score: 1

      Well, that is the beauty of GPL, at least in theory. You can sell your company and your code will still remain under GPL up-to the date of license change. After which it all depends upon the community. And once you have a nice little follower community (that's why you are successful even after being open source!), they will not switch over to some proprietary technology over night. And your previous clients will also stick to the specifications you had while your program was open and will not change just because "Hey! This comes from Microsoft!! Let's migrate!!!" :)

      At least in theory. The whole GPL is built upon this theory. As some people said in the original thread, it will be interesting to see what happens after MS buys some open source company.

  29. She's one brave woman. by Graftweed · · Score: 1

    Kroes personally negotiated with Microsoft President Steve Ballmer in a number of conversations including over a meal at a restaurant near her home town of Rotterdam, in the Netherlands, she said. Wow, wow, what? Would this be the kind of restaurant that has a lot of, you know... *chairs* lying around?

    Miss Kroes, I salute you.
  30. Another Misleading Summary by asphaltjesus · · Score: 1

    All of the questions you ask highlight the myriad of limitations buried in this so-called settlement.

    Your post should be modded interesting and the summary should be edited to include a healthy dose of scepticism.

    --
    Got Trader Joe's? friendwich.com RSS feeds work now!
  31. Available under what conditions? by Ed+Avis · · Score: 3, Interesting

    In the past when European courts and regulators have required Microsoft to document their protocols they have done so only with a licence agreement designed to exclude free software such as Samba. After you pay your ten thousand euros, are you then free to implement the specification in free software? This is the crucial point and one that the article didn't mention.

    --
    -- Ed Avis ed@membled.com
    1. Re:Available under what conditions? by ianare · · Score: 1
      From TFA :

      Among other reversals, Microsoft will make available to so-called "open source" software developers information they need to make their programs work smoothly with Microsoft's Windows operating system for personal computers. and

      First, open source software developers will be able to access and use the interoperability information. Microsoft will not assert patents against non-commercial open source software development projects.
    2. Re:Available under what conditions? by CryptoKiller · · Score: 1


      In the past when European courts and regulators have required Microsoft to document their protocols they have done so only with a licence agreement designed to exclude free software such as Samba. After you pay your ten thousand euros, are you then free to implement the specification in free software? This is the crucial point and one that the article didn't mention.



      FYI:

      In addition, it will also allow the data to go to open source software developers.


  32. Code is not interface documentation by Anonymous+Brave+Guy · · Score: 1, Insightful

    Open Source software generally comes along with the interface document, the code itself.

    I'm both surprised and disappointed that within a few minutes of my post, three people have all challenged it on this basis.

    Just dumping the whole code base is in no way an acceptable substitute for providing good interface documentation. Sure, code should be self-documenting by using appropriate names in interfaces. Sure, designs should be clean and easy to understand. But the goal of this ruling is to facilitate interoperability in the spirit of the law. It is unreasonable to require people to scan through all the implementation code for something just to find out how the interface works and use it. That's not documenting the interface to aid interoperability, it's obfuscating it to make the effort required for compatibility prohibitive. So if the replies I'm getting are anything to go by, it sounds like a lot of work would be required for your average OSS project to comply with this ruling. If it's unfair to expect it of them, why is it fair to expect it of a business?

    I'm no big fan of Microsoft in this case — read my first post to the discussion if you're in any doubt about that — but I do think that any penalty awarded by the courts has to be reasonable. You can't use a requirement that a monopoly allow interoperability as an excuse to get access to all their source code and trade secrets. That isn't fair, even on Microsoft, and it certainly wouldn't be fair on the many smaller companies in niche markets who might be subject to the same ruling once the precedent is set.

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    1. Re:Code is not interface documentation by Waffle+Iron · · Score: 1
      Look, a common complaint about open source is crappy documentation. Yet somehow every day, new people join projects, fork projects, fix bugs or add features they need. They often do this little or no documentation and manage to figure it out mainly by reading the source code. It can be done, and it gets done every day.

      Personally, if I were implementing a 3rd party de facto protocol, I'd prefer access to the source over even the best documentation plus a black box. I've done projects both ways, and even if the first has a steeper learning curve, by the time the project is complete it will save huge amounts of wasted effort in reverse engineering and workarounds for mysterious behaviors. The documentation only specifies how the developers think that their project should work. Nothing *ever* works exactly as it should. The source code can tell you exactly how it actually works.

    2. Re:Code is not interface documentation by Anonymous+Brave+Guy · · Score: 1

      Look, a common complaint about open source is crappy documentation. Yet somehow every day, new people join projects, fork projects, fix bugs or add features they need. They often do this little or no documentation and manage to figure it out mainly by reading the source code. It can be done, and it gets done every day.

      Does it, really, on large projects? What proportion of people working on, say, OpenOffice or Firefox do you think are drop-in people who read up on a particular area just to fix a little bug, and what proportion of the contributors are basically full-time employees or otherwise in direct contact with the long-term contributors and therefore less dependent on either good documentation or understanding a massive code base without help?

      In any case, this is rather a side track. The point is not whether working without such documentation is possible, it is whether it would be fair to expect someone just wanting to interoperate with an OSS application to study and understand a potentially huge code base just to achieve that goal. An alternative would be that anyone wanting to work on interoperability be entitled to have the OSS developers produce reasonably correct and comprehensive interface documentation for their use, even if such documentation is not used internally by the OSS folks themselves. That is effectively what the OP was claiming should be done to Microsoft here. If it's unreasonable to impose such a condition on the OSS people, because by your argument such documentation isn't necessary to the project's own contributors, then why is it reasonable to impose it on Microsoft just because they're the villain of the piece here?

      --
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    3. Re:Code is not interface documentation by Waffle+Iron · · Score: 1

      If it's unreasonable to impose such a condition on the OSS people, because by your argument such documentation isn't necessary to the project's own contributors, then why is it reasonable to impose it on Microsoft just because they're the villain of the piece here?

      As I said, if Microsoft finds it unreasonable to write this documentation because their internal developers don't have documentation, well then they could always just release the source code. That would take next to no effort on their part.

    4. Re:Code is not interface documentation by Anonymous+Brave+Guy · · Score: 1

      As I said, if Microsoft finds it unreasonable to write this documentation because their internal developers don't have documentation, well then they could always just release the source code.

      Yes, they could. But that is far more than competition law requires them to do, so they won't, and nor is any court going to require them to.

      It's sad that so many people in this discussion are saying that Microsoft should just release the source code. Only a tiny proportion of the software world works like that, and the rest is under no obligation to join them. You shouldn't try to use poorly informed legal argument as a way to get more than you're entitled to.

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    5. Re:Code is not interface documentation by Bert64 · · Score: 1

      It depends how clean the source is too...
      Open code tends to be cleaner for a number of reasons. The fact that many people are expected to build it on multiple systems (instead of a single static internal build environment), people don't want to be known for writing messy code, and they want other people to help improve their code so it's in their interest for it to be cleanly written.

      Also a lot of coders write a lot of inline documentation, like a comment saying "this is function X, it takes Y as a pointer to char and Z as an integer for it's arguments and returns an integer" above each function...

      And as you stated, documentation can often be incorrect so studying the implementation is often required for interoperability. But this brings up an interesting point...
      We need reference implementations, which *do* comply exactly with the standards. Otherwise, whoever is the first/biggest implementor will become the defacto implementation and other implementations will try to clone their bugs to ensure interoperability, and conversely the first implementation has nothing to easily compare against.

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    6. Re:Code is not interface documentation by Bert64 · · Score: 1

      There's a few differences in your two examples...

      Protocols are typically implemented by coders, and coders will usually be able to understand the source code of the open source implementations. Conversely, you would need reverse engineers to work out a microsoft protocol, which is a different and often more expensive skill.

      Also open source developers are often very helpful to people wanting to interoperate with their products, microsoft are much less so because it goes against their business model, and it's often much harder if not impossible to find let alone contact individual developers.

      Microsoft make money selling their products, and part of their business model relies on being proprietary and not easy to find a drop in replacement. Open source developers on the other hand have no reason to discourage interoperability with their products.

      And also, who says the original developers need to write the documentation? The developers will often miss parts because, to them, it's obvious but not to a third party. It often makes sense for third parties to write documentation.

      Although it does bring up a big failing of both open and proprietary code. It makes sense to write the specification first, then implement according to the specs. If you find the specs are unrealistic, then change them and always ensure the implementation exactly matches the published specs.

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    7. Re:Code is not interface documentation by Elladan · · Score: 1

      Speaking as a software engineer, the code is monumentally more valuable than any interface document.

      why?

      The documentation is always wrong and/or incomplete. And in the few cases where a small part of it is complete and right, the code tends to be easier to read, and indescribably easier to debug.

      This is not to say that documentation is a bad thing, but in large part it's just a sad alternative people use when they don't want to let anyone read their code.

      The cases where documentation is really valuable is when it describes network interfaces and file formats, with the caveat that *all* implementations need to follow the documentation.

    8. Re:Code is not interface documentation by lahvak · · Score: 1

      An alternative would be that anyone wanting to work on interoperability be entitled to have the OSS developers produce reasonably correct and comprehensive interface documentation for their use, even if such documentation is not used internally by the OSS folks themselves.

      Yes, everybody is entitled to that. If you want an OSS developer to produce such documentation, become an OSS developer and produce such documentation.

      --
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    9. Re:Code is not interface documentation by Anonymous+Brave+Guy · · Score: 1

      Not that I necessarily disagree with everything you wrote, but speaking as another software engineer, the value of code is vastly overrated.

      Take a look at any mid-sized takeover in business. The execs at the buying company are all issuing press releases with a token mention about the great people at the bought company, followed by lots of glorifying the wonderous IP they now own. The reality is that for almost any established and non-trivial project, it's not the code itself that is valuable, it's the understanding that went into writing it and the experience that come out the other side. In other words, it's the people. If those people left, then legal issues aside, they could no doubt create a new code base that could do the same things, and in far less time and with better quality results thanks to learning from hindsight.

      From the flip side, any developer who's started working at a new employer and been thrown into an existing project has probably experienced the steep learning curve that comes with it. How often do you really sit down and work out how something subtle works by reverse engineering the code, rather than just ask someone who already knows or consult some documentation if you're lucky enough to work on a project where the docs are decent?

      I think this is amply demonstrated by the number of anecdotes that used to get posted on Slashdot, where some keen hobbyist tried to get into working on one of the big name OSS projects, and gave up in disgust because after a day of work they could barely even get it to build, and didn't even know where to start with finding their way around. I've noticed that there are fewer such posts these days. Determining whether this is because the big name OSS software has become simpler so people don't have problems any more, or it's become so big and complicated that most people don't even try, is left as an exercise for the reader.

      But one thing is clear. While good interface documentation need not mean separate paper copies of words that describe what you think the code once did, and might just be a well documented interface in the source code, it is certainly not the entire code base. If that were true, the entire industry wouldn't rely on principles like separating interface from implementation and modular design.

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    10. Re:Code is not interface documentation by lahvak · · Score: 1

      Please read this whole discussion again. This thread started with somebody suggesting that open source developers should also be required to provide documentation for all protocols they implement. A counterargument was that they already do, as they provide the source code. So Microsoft could, if they wanted, do the same, and provide the source code. Obviously they do not want that, so they need to provide the documentation in a different form. I didn't see anybody in this discussion to try to "use poorly informed legal argument as a way to get more than they're entitled to".

      of course there is a question whether source code is a sufficient documentation. In my experience, the source code is better than documentation most of the times. Sometimes the source code is so messy, or different parts of it are so badly entangled, that it is very hard to figure out what the code does, or where one should get started. In general, my experience with OSS developers is that in such a case the best thing to do is ask. Generally, if you tell a developer "I am trying to interoperate with your open source product, and I really can figure out what is the horrible mess between the lines 2345 and 4321 in foobar.c supposed to do, could you please explain it to me", they, at least in my experience, react pretty well, even if you are working on a competing product.

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    11. Re:Code is not interface documentation by lahvak · · Score: 1

      Ok, replying to myself, maybe it should be me who should re-read the thread. I didn't realize that it was you who started this discussion.

      But I believe my argument still holds. Nobody is trying to somehow force MS to release their source code. If MS maintained a released the documentation for all their protocols and interfaces from the beginning, they would not have this problem. They neglected to do that, some say on purpose, but that does not matter. Now they need to catch up, and it is going to cost them.

      Back in 80's, almost every piece of hardware, and a lot of software you bought, came with two pieces of documentation: a user manual, and a programmer manual. The programmer manual provided information about the protocols and interfaces implemented by the device, or the software. Since most people did not need the programmer manual, to save money companies started to put them on the internet, instead of packaging them with the product. Later these disappeared too, and companies started to refer to protocols and interfaces as their trade secrets, and refusing to provide any documentation on them. I believe that should be stopped. If you provide a component, be it hardware or software, that is designed to communicate with other components, you should provide means for programmers and hardware designers to find out easily the protocol and the interface you use.

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    12. Re:Code is not interface documentation by falconwolf · · Score: 1

      it sounds like a lot of work would be required for your average OSS project to comply with this ruling. If it's unfair to expect it of them, why is it fair to expect it of a business?

      I don't really know much about it but it seems an "average" OSS project being nonprofit won't have the financial resources a business will have. MS has a war chest of hundreds of millions of dollars and a fraction of that should be enough to document all the APIs, system calls, or whatever. If MS isn't already documenting them then they need to work on their business practices, how does one team or unit know how to work with something from another unit or team?

      You can't use a requirement that a monopoly allow interoperability as an excuse to get access to all their source code and trade secrets

      I haven't heard anything about the source code being required, where did you see that?

      Falcon
    13. Re:Code is not interface documentation by Anonymous+Brave+Guy · · Score: 1

      I don't really know much about it but it seems an "average" OSS project being nonprofit won't have the financial resources a business will have. MS has a war chest of hundreds of millions of dollars and a fraction of that should be enough to document all the APIs, system calls, or whatever.

      Sure, but I don't think that's relevant here. Microsoft was on trial for abusing a monopoly position, not for being a successful profit-making business. The remedy is intended to allow others to compete fairly in markets where Microsoft does not have a monopoly. Given that AFAIK a legal precedent is set by rulings at this level, and that there is no guarantee that any future business that falls foul of the same monopoly rules will be anything like the size of Microsoft, I submit that it would be for the best if any such precedent does not rely on the immense wealth of the monopoly party.

      I haven't heard anything about the source code being required, where did you see that?

      The ruling doesn't say anything to that effect, but a silly number of responders to my original post in this thread seemed to think this was a reasonable thing to expect if Microsoft don't happen to have full documentation available.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    14. Re:Code is not interface documentation by falconwolf · · Score: 1

      I don't really know much about it but it seems an "average" OSS project being nonprofit won't have the financial resources a business will have. MS has a war chest of hundreds of millions of dollars and a fraction of that should be enough to document all the APIs, system calls, or whatever.

      Sure, but I don't think that's relevant here. Microsoft was on trial for abusing a monopoly position, not for being a successful profit-making business. The remedy is intended to allow others to compete fairly in markets where Microsoft does not have a monopoly.

      In order for a business to compeat in software don't they need to have access o the operating system's API, system calls, or whatever? It would seem to me to be an advantage to have over those who don't. With only Microsoft having them they can use it to compeat unfairly in a given market.

      Falcon
  33. 10,000 Euros by organgtool · · Score: 3, Interesting

    The "10.000 euros" is "10,000 euros" for those of us in the U.S. That's right, open source has to pay about $14,263 to Microsoft in order to be able to interoperate with their software. The article doesn't mention if each open source project has to pay that fee or if the entire open source community can pay the fee once and cover all open source projects.

    Even more interesting than that, though, is the fact that the article mentions Microsoft can not use its large software patent portfolio against open source projects. I'm not sure that it was ever an issue since most European countries don't recognize software patents, but that strikes down all of the FUD Microsoft have been spreading (at least for the Europeans) regarding their trusted Linux "partners".

    1. Re:10,000 Euros by FridayBob · · Score: 1

      Even more interesting than that, though, is the fact that the article mentions Microsoft can not use its large software patent portfolio against open source projects.
      Maybe not in Europe, but what about in the US and the rest of the world?
    2. Re:10,000 Euros by organgtool · · Score: 1
      Of course any countries outside of Europe that recognize software patents will allow Microsoft to pursue litigation against open source projects that may or may not violate those patents.

      The advantage of the open source community is that if Microsoft ever tried to enforce its software patents:
      1. It will have to disclose which patents it claims are being violated
      2. Many supporters of open source will search for prior art and if it is found, Microsoft risks losing its patent
      3. If no prior art is found, big companies such as IBM have promised to step in and wield their giant patent portfolio against Microsoft

      The whole software patent issue is akin to the nuclear arms race: everyone has lots of them and they threaten to use them, but they are rarely ever used. They work as a great scare tactic, but they are hardly useful for their intended purpose.
    3. Re:10,000 Euros by falconwolf · · Score: 1

      The article doesn't mention if each open source project has to pay that fee or if the entire open source community can pay the fee once and cover all open source projects.

      While it doesn't directly say it, an article from the BBC says:

      "The European Commission said Microsoft will now charge a one-time fee of 10,000 euros to firms that want "complete and accurate" technical information on Windows software."

      "In addition, it will also allow the data to go to open source software developers. "

      Falcon

  34. "work group" server by arkarumba · · Score: 2, Interesting

    Whats this emphasis on Windows "work group" server? I hope not just WfW 3.11 circa 1995 ?

    1. Re:"work group" server by nschubach · · Score: 1

      I was wondering the same thing. "Work groups" were phased out with Domains and Active Directory. Does this include Domain/AD specs?

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    2. Re:"work group" server by nschubach · · Score: 2, Informative
      Reading on:

      (1003) The objective of this Decision is to ensure that Microsoft's competitors can develop
      products that interoperate with the Windows domain architecture natively supported
      in the dominant Windows client PC operating system and hence viably compete with
      Microsoft's work group server operating system. Microsoft should thus allow the
      use of the disclosed specifications for implementation in work group server operating
      system products. The order to supply is therefore not limited to disclosing
      specifications but also encompasses authorising the implementation of such
      specifications in work group server operating system products.

      It appears to include Domain communication, but I wonder if this includes Active Directory.

      Brought up on Engadget: "i wonder also, is if the new DX10 falls under this as well..."

      I don't think this includes "local" protocols like DirectX or Office interoperability. Only network bound "computer to computer" specs.
      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
  35. The EU LOST the case!!! by mabhatter654 · · Score: 3, Interesting

    The EU didn't win, Microsoft just did. The whole point of the EU's demands was that YOU owned the computer on your desk and Microsoft should provide you the APIs necessary to connect to YOUR computer from anything else you might want. By attaching ANY LICENSE to that basic right the EU sold out. Microsoft's $600M and 3 years of stalling bought them the right to tax anybody exercising their new "rights" under this judgment. The power to tax is the power to destroy. FLOSS can't use this because Microsoft managed to get the EU to honor it's PATENTS in court which was not previously allowed. Microsoft WON the case because they can still choose who gets to pay money, they can choose terms and they can choose how to calculate percent of sales. Projects like Samba based in the EU where reverse engineering is 100% legal and patents aren't allowed have just been SOLD OUT!!

    1. Re:The EU LOST the case!!! by argent · · Score: 1

      Absolutely. I've been saying ever since the EU's decision came out that Microsoft had won the whole thing.

      Second, the royalties payable for this information will be reduced to a nominal one-off payment of 10,000 euros.

      That's not "nominal".

      And projects that need the information can't use it even if they're willing to spend 14 grand for it, because it's utterly encumbered.

      Just like I predicted.

  36. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  37. Is there a client for Linux... by haeger · · Score: 1
    ...that does connect nicely to exchange? I've been looking at "Kontact" which seems to be close but after filing a number of bugs I can only conclude that it isn't quite ready.

    I'm not trolling here, I'm genuinly trying to help out to get Kontact usable, but for me it isn't quite there yet.

    .haeger

    --
    You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
    1. Re:Is there a client for Linux... by arivanov · · Score: 1

      If you do not have a suitable SMTP relay unfortunately your choice is between Evolution and Evolution. You will have to live with a mail client that cannot even determine if it has new mail correctly. I am not even talking about loss of sync with the exchange server, random deaths of the data server components, being unable to cope correctly with people logging in and out over X to the same Xterm and so on. Classic example of crapware written by people who do not know how to spell "finite state machine".

      If you have a suitable SMTP server to send mail you can use fetcExc to get your mail and after that read it with a client of your choice.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    2. Re:Is there a client for Linux... by BlueLightning · · Score: 1

      I'm not positive, but if you ask me the best place to report bugs in Kontact would be the KDE bug tracker rather than Launchpad. I'm not sure that many resources are directed into managing Launchpad bugs, particularly in KDE software that is not part of the Ubuntu core. Heck, I've seen bugs in core elements (such as wireless) that seem to sit unsolved and even apparently unnoticed in Launchpad for long periods.

  38. About time by Anonymous Coward · · Score: 0

    the EU is the largest trading area, largest market for goods in $ terms, they are extremely powerful and now dictate the rules for goods worldwide, the EU cannot be ignored by companies.

    1. Re:About time by t0rkm3 · · Score: 1

      Actually, they just were ignored, and outplayed by MS.

      Sad but true.

  39. Who decides what charges are reasonable? by tepples · · Score: 1

    How would you feel if distribution were prohibited for every open source application that didn't provide and maintain comprehensive, correct documentation on all their interfaces and protocols? That would be impossible. Apart from obscure corner cases such as the "trusting trust" attack, the source code of a computer program documents the behaviors of the program.

    Requiring a businesses with a monopoly advantage to provide access to such interface documentation as they have themselves internally, at no more than a reasonable charge to cover the legitimate costs of supplying that information, for the purposes of allowing interoperability, is one thing. Who decides what charges are reasonable? If $10 is good enough for CheapBytes...
  40. Why The Weather Channel is The Whether Channel by tepples · · Score: 1

    Aaaagh, how I hate that mistake: it is "whether"... Please, "weather" is the thing about sunshine and rain That's "whether" too. When I go to weather.com, I want to know "whether" to put an extra layer on, "whether" I can leave my umbrella at home, or "whether" some outdoor exercises would be inadvisable.
  41. I just wonder how useful the protocol will be by Maxo-Texas · · Score: 3, Funny

    A few key excerpts of the specifications...

    Section 73.12
    Network communications will use the LikeDos63 format.

    Section 110.42
    Shared disk communications will check for the SAMBA tag. If true, return "network device driver" error.

    Section 173.01

    Packet Aw1: We don't even know what purpose this serves any more. However, one must be with every message or after 10 hours a memory leak starts.

    Packet Zzz: This puts the message reader to sleep for a few seconds. One must be sent each hour or weird problems develop. It looks like it gives the message processor time to catch up.

    Section 174.13
    Check for media windows player version 13 and WGA confirmation before sending messages. If either fails, disable the subsystem.

    etc...

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    1. Re:I just wonder how useful the protocol will be by Alsee · · Score: 1

      Packet Aw1: We don't even know what purpose this serves any more. However, one must be with every message or after 10 hours a memory leak starts... all implementations are required to implement this memory leak for compatibility reasons.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  42. For the purpose of migration by tepples · · Score: 1

    Would GNU want to spend money to encourage use of closed source software? The GNU project tolerates the use of proprietary software specifically for the purpose of migrating to free software:
    • Before GNU ran on Linux, it ran on Solaris and other proprietary operating systems.
    • FSF's Play Ogg campaign recommends the free VLC media player, and specifically a binary version of VLC media player that runs on Windows, because it takes less resources to fight the MP3 patent battle than to fight both the MP3 patent battle and the Windows copyright battle.
    • In the present case, adding GNU/Linux or uClinux clients to a Windows server environment encourages use of more Linux clients, which opens the possibility of long-term migration to a Linux server.
  43. But not for new projects by HiThere · · Score: 1

    You do realize that this will only be done for projects that have already been successful, don't you?

    I'm sure that MS does. This means that the bar for getting started is just as high as it ever was. That's the purpose of the !0,000 EU price for the specs. I suspect that in order to purchase the specs they'll also require you to sign a NDA. Otherwise someone might publish a paraphrase.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
    1. Re:But not for new projects by nschubach · · Score: 1

      But I have to wonder... If you "license" your code, and buy the rights to see the docs for a protocol, wouldn't the implementation of that protocol be protected under the "license"? So whatever way to code your program to accept that protocol and speak to it, would be your own code. (Now replace "license" with GPL...) Does this mean the first of many license to license arguments between MS and everyone?

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    2. Re:But not for new projects by HiThere · · Score: 1

      I did a bit more reading.

      It turns out that this doesn't cover any patents. There's a patent license involved, but it doesn't offer terms compatible with ANY version of the GPL. Anyone who redistributes the code owes MS a percentage of the price. Even if you don't charge anything, this is incompatible with ALL versions of the GPL.

      Considering that we are talking about the company that patented adding 2 and 2 using a computer, we can be fairly certain that covered patents will be involved, and I'd guess (just a guess) that there's language in there saying that if you challenge one of MS patents, you must pay not only your own legal fees, but theirs also.

      So basically, this is a Does Not Apply deal insofar as FOSS software development is concerned, even for successful projects with financial backing. The 10,000 EU price is just the START of the reasons why. (Some, I admit, are speculative...but those come after the point where the deal is rendered totally unacceptable.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  44. I doubt it by Sycraft-fu · · Score: 1

    Samba's problems don't seem to stem from lack of available information. Try using a NetApp someday, they have full CIFS support and it works really well. It's extremely fast, compatible with Vista, integrates nicely in to a domain and so on. In fact the only interoperability problems it has seem to be with... Samba. Macs have trouble talking to it via Samba (NFS works fine). NetApp recommends buying ADmitMac which is a 3rd party CIFS client (and AD client) replacement for OS-X.

    As far as I can tell from my limited research in to it the Samba crew is not a fan of the CIFS spec and prefer to use their own stuff instead. Fair enough, but it does seem that everything that is needed is out there. Like I said, NetApp units work great with Windows systems (and UNIX systems, they do NFS really well too). So I think it comes down to their mentality and choices, not that they can't already get the specs they need.

    1. Re:I doubt it by Allador · · Score: 1

      Are you sure NetApp didnt just buy the spec from MS years ago? It's not like MS wasnt selling, it was just at an 'ask-me' price (ie, high), and probably lots of non-compete/nda terms.

  45. Whatever happened to inventing something better? by Austin+Milbarge · · Score: 0, Troll

    What if tomorrow KFC was forced to give up the eleven herbs and spices used in their secret recipe? Don't laugh, it may happen someday. I'm no fan of Microsoft, but can't people just create something better? Sure, there are anti-trust laws, but whatever happened to beating someone in the market by creating a better product? Years back, Netscape tried to sue Microsoft because they felt their browser was unfairly marketed since it came with the system. Today, Mozilla is proving Netscape dead wrong and is almost 20% of all browsers while Microsoft is down to almost 60%. It's a sad day when the lawyers are writing better code than the developers.

  46. Straw man. by argent · · Score: 2, Insightful

    What if tomorrow KFC was forced to give up the eleven herbs and spices used in their secret recipe?

    Nobody's asking Microsoft to give up their secret recipe. They're asking Microsoft to document how you eat their chicken.

    This isn't information you would use to duplicate Microsoft's software, this is information yu need to make your products work WITH Microsoft's software.

    Netscape tried to sue Microsoft because they felt their browser was unfairly marketed since it came with the system.

    Not only did it come with the system, but Microsoft refused to let computer makers even include Netscape with the system if they wanted to, AFTER they had already agreed not to. On top of that, to try and make an end run around their original deal with the DoJ, they combined the browser and the desktop in an inherently insecure manner that has cost the industry billions of man-hours to the resulting flood of viruses.

    Don't try and whitewash Microsoft's actions in the '90s or pretend that this deal (which is still outrageous) is trying to get hold of information that Microsoft needs to keep secret.

    1. Re:Straw man. by Austin+Milbarge · · Score: 1

      Perhaps Microsoft feels that allowing other software companies to interact with their technology will one day give users an excuse to switch to something else down the road. Whatever the reason, they feel they are protecting their bread and butter, which is entirely within their right. It is their system! This is why we have "proprietary" software! If these people don't like it, there is always Linux or Apple. Which personally I feel are better systems for certain tasks. In fact, I'm writing this from a Linux system. But to ask a judge to force a company to play nice with other vendors because they feel the need to "inter-operate" is ridiculous at best and is simply not right.

    2. Re:Straw man. by argent · · Score: 1

      Whatever the reason, they feel they are protecting their bread and butter, which is entirely within their right.

      Indeed, they have a right to feel that way. They do not have unrestricted rights to follow through on those feelings, nor are those feelings accurate, but they are allowed to feel that way.

      In a competitive market, where one company was not able to create barriers to entry for new products and companies by keeping the details of how their products communicate (remember, that's all we're talking about here) they would not be able to do that. But because they are a monopoly, there are restrictions on how much they are able to use their monopoly to create that kind of barrier to entry.

      The reasons for these kinds of restrictions I am not going to debate. I am sure you can come up with all kinds of analogies that make it sound like they're being treated unfairly, but they are being treated the same way that other companies that have attempted to abuse a monopoly position, from US Steel onwards.

      Speaking of US Steel, I'd like to note that after the company was broken the individual companies very quickly became worth MUCH more than US Steel had before the breakup. This is almost always what results after a monopoly is broken up, because monopolies are inefficient and expensive to operate. Like, as you may have noticed, Microsoft is quickly becoming. So not only do they not have unrestricted rights to act on their beliefs, but their beliefs (that the details of how their products *communicate* are their bread and butter... this is akin to Sony being scared that someone will figure out how the signals from their VCRs to their TVs work) are not in fact even grounded in reality.

      Nobody cares about their 7 herbs and spices. They are fighting for the right to sell their own fried chicken, hamburgers, and pizza in a world dominated by a fried chicken franchise that somehow has a monopoly in drive-up-window technology.

    3. Re:Straw man. by Anonymous Coward · · Score: 0

      They are fighting for the right to sell their own fried chicken, hamburgers, and pizza in a world dominated by a fried chicken franchise that somehow has a monopoly in drive-up-window technology.

      ... And patents on the idea of fast food.

  47. You are far to kind on patents... by argent · · Score: 1

    The whole software patent issue is akin to the nuclear arms race: everyone has lots of them and they threaten to use them, but they are rarely ever used.

    Not only DO they get used, but when they get used consumers lose.

    Hayes +++ patent led to most non-Hayes modems disconnecting when displaying a message like this.

    The Xerox Unistroke patent means that modern PalmOS handhelds do not support Graffiti.

    They work as a great scare tactic, but they are hardly useful for their intended purpose.

    They are NEVER useful for their intended purpose, unless you think the intended purpose is to prevent compatibility between systems and prevent innovators from using the tools they developed.

  48. Microsoft's mooning the EU. by argent · · Score: 1

    First, open source software developers will be able to access and use the interoperability information. Microsoft will not assert patents against non-commercial open source software development projects.

    The opposite of "open source" is not "non-commercial". There are commercial open-source prjects, and non-commercial closed-source projects. It is absolutely vital that these interfaces be as unencumbered as genuinely open-systems protocols are.

    Second, the royalties payable for this information will be reduced to a nominal one-off payment of 10,000 euros.

    US$14,000 is not "nominal".

    Third, the royalties for a worldwide license including patents will be reduced from 5.95 percent to 0.4 percent, far less than the 7 percent originally demanded by Microsoft.

    Getting a European court to acknowledge the validity of their software patents at all is a major win for Microsoft.

    And the way they did this means that there's not a hope of an avenue to try and appeal this appalling result. Microsoft has completely won this round in their ongoing battle against open systems and open source.

    If this is Microsoft "bowing", they're facing away from the bench when they do it, and mooning the EU.

  49. They didn't even cave! by argent · · Score: 1

    This agreement, if accurately reported, is a total win for Microsoft.

  50. You're reading something that's not there. by argent · · Score: 1

    He's not saying that "Microsoft should open the code".

    He's saying that "Microsoft should document the interface, since open source provides the code".

    He's not saying "Microsoft should go the whole mile".

    He's saying "FOSS goes a mile, so Microsoft should at least have to go a yard".

    So when you write "You can't use a requirement that a monopoly allow interoperability as an excuse to get access to all their source code and trade secrets." you're completely misinterpreting the message you're replying to.

  51. I see! So, what's someone from the EU called? by falconwolf · · Score: 1

    It depends, I call Basque, Basque; Bretons, Bretons; and Roma, Romas or Romani.

    Falcon
  52. Open Source != Open Systems... by argent · · Score: 1

    So if the replies I'm getting are anything to go by, it sounds like a lot of work would be required for your average OSS project to comply with this ruling. If it's unfair to expect it of them, why is it fair to expect it of a business?

    Any Open Systems project complies with it, whether they're open source or not. That's what Open Systems is all about.

    As you say, many Open Source projects are not Open Systems projects... and I'm first in line to admonish an Open Source project when they use proprietary interfaces and extensions to hurt their competitors. GCC in the early '90s was horribly bad about this, and they did manage to effectively kill the other open source C compiler projects by encouraging people to use extensions to C. Microsoft has recently been pulling the same tricks by not accepting legal C header files on the grounds that they're shipping a C++ compiler, not a C compiler. In neither case is it acceptable.

    But unless you're in a monopoly position within a field, like Microsoft or GCC, you can't get away with that. Even Open Source projects that use proprietary internal interfaces and protocols have to interoperate with other systems, and use the *same* protocols on the network and in exported files that these other systems do. When they don't, they DO need to be challenged and forced to cooperate. The process is generally not nearly as arduous as it is with Microsoft.

    But you're right, everyone should be held accountable for their shortcomings when it comes to deviating from Open Systems standards, or using proprietary protocols instead of public ones.

    The thing is, if they are a monopoly, and able to use their proprietary exceptions to create a barrier to entry for competitors (as well as groups who aren't in any sense competing with you) then they get held to a higher standard. You're correct to point that out. But where you're mistaken is your apparent belief that this is a problem. It's not. It's the whole point of antitrust law in the first place. For smaller players the main effect of using proprietary interfaces is to reduce their own competitiveness. It's only when they ARE a monopoly that the lock-in becomes more valuable than the lock-out.

    1. Re:Open Source != Open Systems... by Anonymous+Brave+Guy · · Score: 1

      But you're right, everyone should be held accountable for their shortcomings when it comes to deviating from Open Systems standards, or using proprietary protocols instead of public ones.

      The thing is, if they are a monopoly, and able to use their proprietary exceptions to create a barrier to entry for competitors (as well as groups who aren't in any sense competing with you) then they get held to a higher standard.

      I respectfully disagree. There is nothing wrong in law with being successful enough to establish a monopoly in a formerly competitive market. Nor is there anything wrong with barriers to entry in that market; you will always have these to some extent whether intended or not.

      The point of the competition law is that you may not use a monopoly you have in one market to gain an otherwise unjustified competitive advantage in another market. For example, if Microsoft has an effective monopoly in the desktop operating system market, then it is illegal for Microsoft to use that monopoly to force people to use only Microsoft software for their office suite, games, etc.

      The major legal actions against Microsoft were because of things like bundling Media Player and Internet Explorer as effectively integrated parts of Windows. This gives them an unfair advantage when the media player and web browser markets would otherwise be more competitive, partly because everyone gets the Microsoft offering by default and partly because they are more tightly integrated into Windows, hence the rulings about producing a version of Windows with Media Player unbundled. That ruling was, of course, silly: it is unlikely that any consumer is going to voluntarily take a lesser-featured product rather than a fully-featured one for the same price. If the court wanted to rule along those lines, it should have required Microsoft to distribute Windows without including Media Player at all in any version, but allowing them to make Media Player available as a separate, independent product, if they wanted to (thus putting it on the same footing as QuickTime, Real Player, the OSS offerings, and any other potentially competitive products).

      In other words, the legal/economic problem with Microsoft's proprietary interfaces and such is not that the Office file format isn't fully documented or that DRM'd Windows Media content is difficult to play using other media players, it's that it is unreasonably difficult for a competitor in the media player or internet browser markets to compete with Microsoft's established offerings as long as the backdoor Windows interfaces used by those established offerings are open to everyone equally.

      The irony, of course, is that most of the court cases against Microsoft have been in technical/ethical grey areas: disk compression, web browsing, media playing, etc. All of these are areas where Microsoft can at least make a decent case that a modern operating system might reasonably be expected to provide the relevant services to applications, and their bundled apps are just thin front-ends sitting on top of the OS APIs. As long as anyone else's application has access to those same APIs and OS integration if they want them, it's far from clear that anti-bundling rulings are really in the interests of the consumer. Meanwhile, using lock-in file formats in their effective monopoly on office suites is making it more difficult for others to compete, which clearly has the potential to harm consumers in such a vital market, but as far as I know there's nothing actually illegal about that.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    2. Re:Open Source != Open Systems... by argent · · Score: 1

      I respectfully disagree. There is nothing wrong in law with being successful enough to establish a monopoly in a formerly competitive market.

      That's a straw man.

      The issue isn't whether it's illegal to be a monopoly.

      The issue is that once you are a monopoly then there are restrictions on your behavior. There are a number of activities that are legal in a competitive market but are illegal for a monopoly. You may argue whether leveraging a monopoly in one area into a monopoly in another SHOULD be illegal, or even whether the law SHOULD hold a monopoly to a higher standard at all, but you need to argue that with the courts and the legislature, not me.

  53. stop selling MS software in Europe by falconwolf · · Score: 2, Insightful

    couldn't microsoft essentially say that their software was no longer allowed to be purchased or used by any country in the EU?

    Heck, MS can't stop it's software from being sold in Cuba how in the world can they stop it n Europe?

    Falcon
  54. Take away the profits! by brianeisley · · Score: 0

    MS may have finally been hit, but it won't hurt them very much, because they already made ridiculous amounts of money from it. Since profit is the only thing corporations care about, the only way to deter bad corporate behavior is to make it unprofitable.

    I have felt for some time that if somebody can be shown to have profited from a crime, then that person or company should be required to forfeit triple what they gained as a result, over and above any other fines and penalties. (I came up with this years ago, after a judge in my town was caught illegally cutting trees that blocked his view of the river. He was fined $20,000, but the value of his property went up $120,000. So he still came out ahead.)

    For example: let's say a factory gets caught dumping toxic waste rather than processing it like they're supposed to. In addition to the fine for breaking the law, there should be a determination of what the dumping added to their bottom line, and then they should be forced to pay triple that amount.

    Do this consistently, and lots of this kind of crap would disappear rather quickly. Application of the idea to MS will be left to the reader's imagination.

  55. "I paid for the dinner," she said. by falconwolf · · Score: 1

    When I first RTFA and saw that line I hoped she meant she paid for her own meal and not his.

    Falcon
  56. questioning authority by falconwolf · · Score: 1

    That means that all authority is under constant threat and any hierarchical chain of command is very uncertain.

    As far as I'm concerned all authority should be questioned and afraid. Government becomes dictatorial when it does not fear the population it governs.

    Thomas Aquinas

    Unfortunately I don't recall much about Thomas Aquinas. I thought he wrote "The Apology" but doing a quick search all I found was the "Apology" Plato wrote in defense of Socrates.

    Falcon

    Damn my memory!
  57. sane != [red|blue] by Anonymous Coward · · Score: 0


    did you even notice that the post you replied to made no mention of anything beyond religious nutters and sanity?

    there's a big difference between a religious nutter and a republican. sometimes. same as the difference between an ignorant green and a democrat.

    that said, your entire post is a troll. congratulations, you win! hence i respond AC.

  58. What exactly is bought for 10k ? by DrYak · · Score: 1

    Exactly, what we really want to know, and what TFA did specify at all (at least not in the publicly available sections) is :
    *WHAT EXACTLY* do the people get for those 10k ?

    Specifications ? Are they free to re-publish (probably not due to copyright laws) ? Are they free to by used in writing documentation (depends on the NDAs coming with them) ? Are they usable at all (no stupid licensing scheme basically preventing the developpers to build anything but windows parts) ?

    What would be best is that some sponsor could buy a 10k copy of the network specification and donate them to the samba people, which could write detailed documentation of how SMB/CIFS works in windows and how to cross-operate.

    Of course that's theory and a bunch of licensing terms and NDA could come into play.

    On the other hand FLOSS is growing stronger in EU and probably it will be easier today to accuse Microsoft of not following the antitrust measure because their condition are not "Reasonable and Non-Discriminatory" as asked by EU. Samba developers should be able to write documentation base on microsoft's data and/or pay a certain price and be able to freely re-publish microsoft's documentation as-is for opensource developers to use.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  59. Open source developers by falconwolf · · Score: 1

    They do mention open source developers explicitly, so yes, I do think the point is to make us happy.

    I don't think 10,000 euros is very open source developer friendly, unless you can get 10,000 developers to contribute to a fund then pass around the specs. But there's still the licenses to be paid to MS.

    Falcon
  60. No chance,campaign contribution US style immoral by jotaeleemeese · · Score: 1

    Not only that, but in several EU countries is plain illegal to do so.

    Here in the UK parties can't buy air time in TV and radio, neither can they buy space in the press for campaigning purposes.

    This means they are limited to very basic advertisement means (i.e. boards, flyers and other means or personal advertisement) which more often than not means that politicians have to hit the road to meet potential voters.

    This means that the huge incentives to corrupt politics at its core (as it happens in the US) do not exist in the UK, and as a consequence, quelle surprise, politicians are far more accountable to the people than in the US.

    I am not saying lobbying does not exist, but the cynical buying of influence that exists in the US is far less prevalent (and quickly shamed and exposed by the ferocious press when it happens).

    --
    IANAL but write like a drunk one.
  61. Don't be silly. by jotaeleemeese · · Score: 1

    All MS clients would sue them out of existence and I am pretty sure the EU would bring criminal charges against MS apartchick that could think such action is a good idea.

    Your nonsense is a good idea for a bad action movie though.

    --
    IANAL but write like a drunk one.
  62. Why do you guys come with these silly ideas? by jotaeleemeese · · Score: 1

    MS just can't do that. It would be their end as a company. Honestly, don't be stupid.

    It would not be the EU, but the corporate clients of MS in Europe who would ensure there was a hole where MS HQ would have used to be.

    MS has commercial obligations to fulfill, if they would come with the cavalier idea of withdrawing from the EU market it would take them *years* to do so. But anybody coming with such "solution" should be consigned to a mental institution of some kind.

    --
    IANAL but write like a drunk one.
  63. Which would mean in 5 years... by jotaeleemeese · · Score: 1

    .... nobody would be using MS software.

    --
    IANAL but write like a drunk one.
  64. Oh yeah? by jotaeleemeese · · Score: 1

    And what about all the money they collected for those licenses?

    Or do you think companies would say "no worries mate, all the best and good luck!".

    --
    IANAL but write like a drunk one.
  65. MS is a monopoly. by jotaeleemeese · · Score: 1

    Monopolies can't do as they wish.

    --
    IANAL but write like a drunk one.
  66. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  67. Third one after decimal! by Anonymous Coward · · Score: 0

    Third one after decimal point!