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Google, Yahoo!, Apple Targeted In DoJ Antitrust Probe

suraj.sun writes with this excerpt from the Washington Post: "The Justice Department has launched an investigation into whether some of the nation's largest technology companies violated antitrust laws by negotiating the recruiting and hiring of one another's employees, according to two sources with knowledge of the review. The review, which is said to be in its preliminary stages, is focused on Google; its competitor Yahoo; Apple; and the biotech firm Genentech, among others, according to the sources, who spoke on condition of anonymity because the investigation is ongoing. The sources said the review includes other tech companies and is 'industry-wide.' By agreeing not to hire away top talent, the companies could be stifling competition and trying to maintain their market power unfairly, antitrust experts said. ... Obama's antitrust chief at the Justice Department, Christine Varney, has said she plans to look at the network effects of high-tech companies and how their grasp on markets has cut out competitors and hurt consumers."

166 comments

  1. Good by Ethanol-fueled · · Score: 2, Insightful
    From TFA:

    By agreeing not to hire away top talent, the companies could be stifling competition and trying to maintain their market power unfairly, antitrust experts said...In 2005, Microsoft sued Google for hiring away Kai-Fu Lee...

    Good. Hopefully these actions will lead to the outlawing of vaguely wide-ranging NDAs which state that employees may not work for "competitors" for X years after leaving their companies. I wish that TFA provided the list of all the companies because they didn't mention whether or not Microsoft was in the list despite their example above.

    Antitrust experts say that could include wireless carriers and software operators that may be blocking certain applications from running on their networks and devices.

    Let's hope so.

    1. Re:Good by harryandthehenderson · · Score: 5, Informative

      Hopefully these actions will lead to the outlawing of vaguely wide-ranging NDAs which state that employees may not work for "competitors" for X years after leaving their companies.

      Why would it? That has absolutely nothing to do with what this probe is about. Secondly, such non-compete contracts are already illegal in California which already covers Google, Apple, Yahoo! and Genetech already.

    2. Re:Good by MyLongNickName · · Score: 4, Insightful

      And generally non-competes are ignored in other states as well I applaud California for legislatively declaring them illegal. Companies already operate at an advantage compared to individuals. They should not be able to take away my livelihood when we decide to part ways. If I am employed "at will" by them, then the business arrangement should be symmetrical. If they are willing to offer me a generous severance package, then I imagine they can have a say on where I end up. But even that should be limited.

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    3. Re:Good by Maclir · · Score: 1

      "Companies already operate at an advantage compared to individuals"

      Welcome to the United States and its approach to labor relations. See also "right to work" (ie, anti-union) laws.

    4. Re:Good by Runaway1956 · · Score: 1

      I certainly wouldn't say NDA's have "absolutely nothing to do with" this probe. It's a peripheral issue, in that the corporations dictate terms of conduct, and threaten to punish you if you don't agree to the terms. Being slightly dishonest, I'd agree to the terms up front, then break them if/when I was fired, or whatever. If taken to court, I'd claim that I was coerced into the agreement, therefore it was invalid.

      Corporations have no right to interfere with a working person's ability to earn a living, whether it be NDA's, or these no-hire agreements.

      It has always been considered to be in "poor taste" to hire away the competition's employees, but colluding together to prevent it is just to much.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    5. Re:Good by harryandthehenderson · · Score: 1

      I certainly wouldn't say NDA's have "absolutely nothing to do with" this probe.

      We were talking about non-compete clauses not NDAs. Those are two separate things.

    6. Re:Good by Anonymous Coward · · Score: 0

      You can go work at Wal-Mart/Starbucks/whatever for $10/hour and they don't make you sign any contracts. But, instead, you went for the $50/hour tech job, which has some details you don't like. Therefore, you think $40/hour is worth being restricted by unfair contracts. What's the problem here?

    7. Re:Good by MyLongNickName · · Score: 1

      Hi. Here is the problem from a societal point of view. If you restrict workers' abilities to transfer jobs, you hurt the economy as a whole. If someone is able to contribute more (and be compensated more as a consequence) to another organization, making the move helps everyone as a whole.

      Your naive view of things basically pretends that companies and individuals negotiate as equals. They don't. Companies are much more able to place restrictions on the employee than the other way around. In the U.S., you generally are employed at-will. The company decides to can you, you are gone. You too are free to go. Once that relationship is severed, there is no further contract. That organization has zero right to dictate terms of a contract after the contract is complete.

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
  2. antitrust, et al. by megrims · · Score: 4, Insightful

    Why do we trust google, again?

    1. Re:antitrust, et al. by MyLongNickName · · Score: 5, Insightful

      Because they are not Microsoft. And because they are competing successfully against Microsoft. Nothing more.

      Power corrupts. Doesn't matter if the person with power has shit that doesn't stink. By nature, the stronger person will eventually abuse his power. It may not even seem that way to the person with the power, but it will happen. Same is even more true with organizations. They are more complex, less personal. As Google collects more data, as its reach becomes bigger and as time goes on, the abuse will surface. Not that Google is any better or worse than anyone else, it is their success that will do it. And when Google's "Do No Evil" becomes "Well, maybe a little evil", they will make Microsoft look like an amateur.

      (And thank you Slashdot for making me wait five minutes between posts. Excellent Karma, get mod points yet have to wait. And when I use the email link to report the problem, my email gets ignored. Brilliant)

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    2. Re:antitrust, et al. by DrEldarion · · Score: 1

      Really, how is it a bad thing if Google says to Yahoo, "Hey, we won't try to hire away your employees if you don't try to hire away mine"?

      If anything, that's far less evil than trying to steal anyone they can.

    3. Re:antitrust, et al. by harryandthehenderson · · Score: 4, Insightful

      Except that Google and Yahoo! will still attempt to recruit away people from other companies they don't have a pact with and as such this appears to be shady collusive behavior.

    4. Re:antitrust, et al. by FooAtWFU · · Score: 1

      What you mean "we", white man?

      (yeah yeah I'm as white as the next guy :P)

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    5. Re:antitrust, et al. by haystor · · Score: 2, Interesting

      If I'm employed by Google and seeking a job at Apple, that agreement is interfering with my negotiations.

      If this is true, they are conducting discussions about employment with each other without the affected parties being represented.

      If it were two companies conspiring against a third company instead of a just a group of anonymous potential employees, the lawsuits would be measured in the billions.

      --
      t
    6. Re:antitrust, et al. by harryandthehenderson · · Score: 1

      If I'm employed by Google and seeking a job at Apple, that agreement is interfering with my negotiations.

      No it's not. That's not what this agreement is about. Nothing in this agreement is about stopping an employee from applying for a job at one of the other companies. The agreement is about the companies not trying to actively recruit away employees of the companies they are colluding with.

    7. Re:antitrust, et al. by Pollardito · · Score: 1

      It's certainly bad for the employees who may not get paid as much as they would if there wasn't such an agreement, because they've removed an entire source of demand. But like someone else said it basically means that when Google or Yahoo need more employees that have experience working in their field they have to get them from other competitors who aren't part of the agreement, therefore the companies in the agreement make each other stronger by strangling the rest of the field.

    8. Re:antitrust, et al. by homer_s · · Score: 1, Insightful

      Power corrupts. Doesn't matter if the person with power has shit that doesn't stink. By nature, the stronger person will eventually abuse his power.

      Good point. Would you apply this to the political parties as well?
      I mean the democratic party is getting way too powerful - are Obama's Doj people going to look into that as well?

    9. Re:antitrust, et al. by BitZtream · · Score: 1

      It makes me wait 60 seconds, not 5 minutes.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    10. Re:antitrust, et al. by WebmasterNeal · · Score: 1

      That whole waiting in between posts is really annoying. I totally agree with you.

      --
      "During My Service In The United States Congress, I Took The Initiative In Creating The Internet." -Al Gore
    11. Re:antitrust, et al. by Anonymous Coward · · Score: 0

      (And thank you Slashdot for making me wait five minutes between posts. Excellent Karma, get mod points yet have to wait. And when I use the email link to report the problem, my email gets ignored. Brilliant)

      Power corrupts. Doesn't matter if the person with power has shit that doesn't stink. By nature, the stronger person will eventually abuse his power. It may not even seem that way to the person with the power, but it will happen.

      Slashdot has the power; you don't.

    12. Re:antitrust, et al. by sgt+scrub · · Score: 1

      That was the argument to like Microsoft and hate IBM.

      --
      Having to work for a living is the root of all evil.
    13. Re:antitrust, et al. by Eli+Gottlieb · · Score: 1

      Power corrupts. Doesn't matter if the person with power has shit that doesn't stink. By nature, the stronger person will eventually abuse his power. It may not even seem that way to the person with the power, but it will happen. Same is even more true with organizations. They are more complex, less personal. As Google collects more data, as its reach becomes bigger and as time goes on, the abuse will surface. Not that Google is any better or worse than anyone else, it is their success that will do it. And when Google's "Do No Evil" becomes "Well, maybe a little evil", they will make Microsoft look like an amateur.

      That's ridiculous. Power doesn't even corrupt at all; it merely attracts the corruptible.

    14. Re:antitrust, et al. by brian0918 · · Score: 3, Interesting

      Way to confound economic power with political power. Corruption, violation of rights and contracts, none of that is possible without a hand in politics, ie, a politician willing to pass/enforce laws that harm others and violate their rights.

    15. Re:antitrust, et al. by Maxo-Texas · · Score: 1

      Power corrupts.
      Absolute power corrupts absolutely.
      And it absolutely rocks to have absolute power.

      (to paraphrase Despair.com which has a cool poster on the topic)

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    16. Re:antitrust, et al. by Anonymous Coward · · Score: 0

      Power corrupts. Doesn't matter if the person with power has shit that doesn't stink. By nature, the stronger person will eventually abuse his power. It may not even seem that way to the person with the power, but it will happen. Same is even more true with organizations.

      /me Reads the above...
      /me Looks at the Obama Administration over the past 5 months...
      /me Looks at the now State owned Banks, Auto Manufacturers, and the profitable local auto dealers forced into bankruptcy...
      /me Changes this post to Anonymous and hides his wallet

    17. Re:antitrust, et al. by chiguy · · Score: 2, Informative

      This agreement negatively affects employees because they are not made aware of opportunities for 20% pay raises or other benefits from a large group of major companies. This artificially keeps wages and benefits low for people in the colluding companies.

      The very common scenario would be: someone is quite happy working at Google developing AJAX and is not actively looking to switch jobs but does have their resume on job boards. Yahoo wants to find an AJAX expert and is willing to pay 50% more for the expertise to catch up with Google quickly.

      Yahoo is unable to contact this expert.

      This pretty clearly hurts the employee.

      Yes, the employee could troll the job boards, but why do you want to force the employee to do the work when head hunters are paid to find them? I bet you're a Republican.

      --
      passetspike!
    18. Re:antitrust, et al. by haystor · · Score: 1

      And when that resume with the employee currently employed with your "partner" comes across the desk, there won't be any bias, right?

      Also, with these companies, a significant number of jobs are unsolicited offers to people who have made accomplishments in some area. This agreement would destroy that employment vector.

      --
      t
    19. Re:antitrust, et al. by harryandthehenderson · · Score: 1

      This agreement negatively affects employees because they are not made aware of opportunities for 20% pay raises or other benefits from a large group of major companies.

      In what way does this agreement stop an employee from looking at the job opportunities of another company?

      This artificially keeps wages and benefits low for people in the colluding companies.

      No it doesn't.

      The very common scenario would be: someone is quite happy working at Google developing AJAX and is not actively looking to switch jobs but does have their resume on job boards. Yahoo wants to find an AJAX expert and is willing to pay 50% more for the expertise to catch up with Google quickly.

      This doesn't make sense. If you weren't looking for a new job why would you post a resume to a job board?

      Yahoo is unable to contact this expert.

      Through the agreement they themselves set up. If they had really wanted to contact the person then they shouldn't have made this deal.

      This pretty clearly hurts the employee.

      Not necessarily. I'd consider working at Yahoo! to probably be a much worse job than working at Google so I'd say it clearly doesn't hurt the employee.

      Yes, the employee could troll the job boards, but why do you want to force the employee to do the work when head hunters are paid to find them?

      In what way is the employee unable to get the services of a head hunter themselves?

      I bet you're a Republican.

      I bet you're an idiot. I wouldn't vote for a Republican in a million years.

    20. Re:antitrust, et al. by Trepidity · · Score: 1

      Violation of contracts is more a matter of lack of political power than political power. A large corporation can ignore your contracts at will, unless there is a credible threat of punishment.

    21. Re:antitrust, et al. by Dutchmaan · · Score: 2, Insightful

      I've always thought it ironic that virtue tends to help in the aquistion of power, and corruption is used to try and maintain it, but is its eventual downfall.

    22. Re:antitrust, et al. by HeronBlademaster · · Score: 1

      Yes, the employee could troll the job boards, but why do you want to force the employee to do the work when head hunters are paid to find them? I bet you're a Republican.

      As a Republican who wants companies to find me (rather than finding them myself), I'm very confused by your characterization of Republicans as people who want the employees to do all the work. I've never heard a representative of the Republican Party make that claim, and I've never known a Republican who believes it.

      I'm sure there's some logical fallacy that applies here, but I'm too lazy to look it up. Maybe I can get it to look me up...

    23. Re:antitrust, et al. by HeronBlademaster · · Score: 1

      I wouldn't vote for a Republican in a million years.

      Not even if the views of the Republican party changed such that they reflected your own views with near-perfect accuracy?

      Never say never. Remember, overall Republican (and Democrat) views have changed numerous times over the last several decades.

    24. Re:antitrust, et al. by harryandthehenderson · · Score: 1

      Not even if the views of the Republican party changed such that they reflected your own views with near-perfect accuracy?

      Nope.

      Never say never. Remember, overall Republican (and Democrat) views have changed numerous times over the last several decades.

      I wouldn't vote for either of those parties or the Libertarians, so it doesn't really matter to me.

    25. Re:antitrust, et al. by HeronBlademaster · · Score: 1

      So you wouldn't vote for someone that represents your views almost perfectly, simply because they associate themselves with a party?

      Wow. That's sad.

    26. Re:antitrust, et al. by elrous0 · · Score: 1

      I'm confident that they'll investigate it every bit as thoroughly as the Bush Admin's DoJ investigated the Republican Party's power.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    27. Re:antitrust, et al. by harryandthehenderson · · Score: 1

      So you wouldn't vote for someone that represents your views almost perfectly, simply because they associate themselves with a party?

      Yep, because those political parties are just lackeys of special interests that I have none of my interests at heart.

      Wow. That's sad.

      Oh well. I'll try not to lose sleep over it too much.

    28. Re:antitrust, et al. by HeronBlademaster · · Score: 1

      Yep, because those political parties are just lackeys of special interests that I have none of my interests at heart.

      You appear to have a very different understanding of the phrase "represents your views" than I do. You see, when I say John represents some particular set of views, I mean he actively works to put those views into action. You appear to mean that John might hold those views himself but ignores them in favor of some special interest or other. If you are correct, John can hardly be said to represent those views, can he?

      My use of the phrase mirrors closely the meaning of the words, while your apparent understanding of the phrase removes its meaning and replaces it with useless drivel.

      I think we're done here.

    29. Re:antitrust, et al. by Anonymous Coward · · Score: 0

      No you're right, it doesn't stop employees from applying, it stops them from getting hired. I work for one of these companies and recently one of my coworkers applied for a position over at another one of these companies and they basically said "Yep, you're highly qualified, we honestly think you'd be great here, but we can't due to the fact that you are working where you are now."

      I'm now encourage this person to draw up a lawsuit.

    30. Re:antitrust, et al. by Anonymous Coward · · Score: 0

      So, it is not preventing him from coming crawling to Apple and begging for a job. It his however preventing Apple from coming to him and offering a huge pay check.

    31. Re:antitrust, et al. by brian0918 · · Score: 2, Insightful

      The violations I was referring to were for contracts invalidated by new legislation passed by politicians bought by corporations. The law, the politicians, the force-bearing entity is to blame.

  3. No-hire pact? by DoofusOfDeath · · Score: 5, Insightful

    It seems to me like there's another angle on this, from the perspective of the affected employees, not the customers/competitors.

    By forming a pact that keeps an employee at company A from getting a job at any other company in the cartel, doesn't that run afoul of federal fair labor laws?

    1. Re:No-hire pact? by harryandthehenderson · · Score: 1

      By forming a pact that keeps an employee at company A from getting a job at any other company in the cartel, doesn't that run afoul of federal fair labor laws?

      Where in here did it say they were preventing someone from getting a job at one of the other companies? This is about the companies themselves not actively trying to recruit away current employees of the other companies.

    2. Re:No-hire pact? by kithrup · · Score: 1

      And Borland's history with uSoft is a perfect example of why such pacts are put into place.

    3. Re:No-hire pact? by rev_sanchez · · Score: 4, Insightful

      Non-compete restrictions in employment contracts are common in software development work and are another flavor of this issue. What these companies have done is more insidious because they aren't asking employees to agree to being locked out of major portions of the job market for their skills.

      The result of this is that you often can't work in the industry for years after leaving your job. To insist that employees have experience when they are hired and then prevent them from using it when they leave seems wrong.

      --
      If you didn't come to party don't bother knocking on my door. Prince '1999'
    4. Re:No-hire pact? by harryandthehenderson · · Score: 1

      Non-compete restrictions in employment contracts are common in software development work and are another flavor of this issue. What these companies have done is more insidious because they aren't asking employees to agree to being locked out of major portions of the job market for their skills.

      Except non-competes are illegal in California which all 4 of the listed companies are based in. Nice try though.

      The result of this is that you often can't work in the industry for years after leaving your job. To insist that employees have experience when they are hired and then prevent them from using it when they leave seems wrong.

      That's great and all but non-compete clauses aren't what this probe is about.

    5. Re:No-hire pact? by Anonymous Coward · · Score: 0

      Exactly.

      The "pact" is more about reducing the motivation of tech employees from job hopping, which keeps them in as low of a paygrade as possible.

      Any of us who have worked for the larger tech companies realize we only get ahead by job hopping or kissing ass.. and most of us don't do the later.

    6. Re:No-hire pact? by harryandthehenderson · · Score: 1

      No it's about reducing the amount of employees they will actively try to take away from the select few they are colluding with. Not preventing employees from applying at the other companies.

    7. Re:No-hire pact? by BitZtream · · Score: 1

      Why, because these companies are the only places the employee can work? You realize that every employee at these companies has a comparable job in a field completely unrelated to silicon valley. Contrary to popular belief, Google, MS, and Apple are not the only companies who need network admins, systems engineers, developers and everything else. Technology employees are used in EVERY business, so unless you're saying that every company in America agreed to not hire someone elses employee while they were still employeed then this whole thing is pointless.

      You only get part of the choice in where you work, the company gets to make a choice too. If they choose to not steal employees, good for them. Just because you want to play the companies against each other to get paid more than you are worth doesn't mean they have to play your retarded game.

      You do not have a 'right' to work anywhere, regardless of what you think. Working is a privilege, once you wrap your thick skull around that you'll be a lot better off in life.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    8. Re:No-hire pact? by chiguy · · Score: 1

      This agreement negatively affects employees because they are not made aware of opportunities for 20% pay raises or other benefits from a large group of major companies. This artificially keeps wages and benefits low for people in the colluding companies.

      The very common scenario would be: someone is quite happy working at Google developing AJAX and is not actively looking to switch jobs but does have their resume on job boards. Yahoo wants to find an AJAX expert and is willing to pay 50% more for the expertise to catch up with Google quickly.

      Yahoo is unable to contact this expert.

      This pretty clearly hurts the employee.

      Yes, the employee could troll the job boards, but why do you want to force the employee to do the work when head hunters are paid to find them? I bet you're a Republican.

      --
      passetspike!
    9. Re:No-hire pact? by Dhalka226 · · Score: 1

      Except non-competes are illegal in California which all 4 of the listed companies are based in. Nice try though.

      Except he is not talking about non-compete issues. He's talking about what the story is talking about: Companies agreeing amongst themselves to not hire people who worked for some other company. He's saying it's even worse than a non-compete because the employees don't even have a choice in the matter, whereas at least with a non-compete they know ahead of time and have to sign on the line. Nice try though.

      That's great and all but non-compete clauses aren't what this probe is about.

      That's great and all, but aside from the first sentence neither is any of the rest of the points the OP made, including the one you quoted.

      If you're going to be a condescending douchebag to people, you really should work on your reading comprehension skills first. Or hey, you could try not being a condescending douchebag too. Whichever you prefer.

    10. Re:No-hire pact? by DoofusOfDeath · · Score: 1

      You do not have a 'right' to work anywhere, regardless of what you think. Working is a privilege, once you wrap your thick skull around that you'll be a lot better off in life.

      You're half-right, the same way "skateboarding is not a crime" is half-right.

      You don't have an absolute right to work wherever you like, but you do have the right to be free from certain kinds of interference by third parties, regardless of which job you're seeking.

    11. Re:No-hire pact? by Anonymous Coward · · Score: 0

      There is a bit of a misunderstanding in this thread. People do not get locked in or out of the cartel. The issue is with RECRUITING. I work in this area and here's the rule: Company A can't proactively CALL someone at company B and say, "Hey, we have a great opening here for you, you should apply. However, if employee at company B sees the job posted or hears about it through other means, they are allowed to apply for it and make the transfer to company A. I recently went through this myself. . .heard about an opportunity at a company with a non-compete clause. . .applied, interviewed as a confidential candidate, got the job, and accepted. No fuss. They just couldn't call me to let me know about it. This hiring process does not affect consumers and stifle competition. Many of these companies also realize they have a very mobile workforce and have competitive compensation and retention plans to keep people.

  4. Holy shit!!! by Anonymous Coward · · Score: 0

    Oh my god!!! Is this happening in the US!? Quick, someone get a camera!

  5. Re:Seriously? by harryandthehenderson · · Score: 3, Informative

    Seriously neither Google nor Yahoo! are anything close to a monopoly.

    Nothing in this article was talking about any of the four listed companies being a monopoly. This was about collusive behavior to not recruit away talent from each other.

  6. Re:Seriously? by BadAnalogyGuy · · Score: 4, Funny

    I used to drive a Hyundai Sonata. Whenever I took it out, I would get stares because the heap would lay down a huge black cloud of exhaust when I pressed the gas. I would occasionally think about getting it fixed, but never really got around to it. Then one day I was t-boned at an intersection. The car was totaled.

    In the business world, things are much the same way. Collision is just as bad as a monopoly.

  7. Re:Apparently the Obama administration doesn't by harryandthehenderson · · Score: 1

    Would you have voted for BHO if you knew he was going to make a lifetime appointment to the Supreme Court who is pro-RIAA

    Wow, way to blow completely out of proportion that article that was posted yesterday that was about a singular ruling that she made like a decade ago.

    and that under BHO's administration we'd see Google, Apple come under major Antitrust scrutiny (but not Microsoft)? What are your thoughts?

    Who says they aren't going after Microsoft in this probe? The four listed companies weren't an exhaustive list of everyone being probed.

  8. Beware the red herring by R2.0 · · Score: 4, Insightful

    "Obama's antitrust chief at the Justice Department, Christine Varney, has said she plans to look at the network effects of high-tech companies and how their grasp on markets has cut out competitors and hurt consumers."

    They are investigating collusion in the labor market - in this case, the companies themselves are the consumer, and job seekers provide the service. But this has nothing to do with cutting out competitors and hurting consumers. What they are doing is collusion in a market which, though probably illegal, keeps costs down, not up.

    "look at the network effects of high-tech companies and ... grasp on markets ..." is shorthand for increased government regulation, whether warranted or not. What will happen when they decide to investigate the companies that supply toilets, and find out that "only" 10 companies "dominate" the market? They may not be colluding, but OBVIOUSLY such a small number of companies id bad for the market, and hence requires regulation of their pricing to protect the consumer.

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
    1. Re:Beware the red herring by homer_s · · Score: 1

      Will they also look at the collusion in the political market where only 2 firms 'dominate' and worse, the firm that has the dominant position is actively doing things to keep the other firm out?

    2. Re:Beware the red herring by tnk1 · · Score: 1

      What they are doing is collusion in a market which, though probably illegal, keeps costs down, not up.

      Are you sure about this? If you think about it, its probably not true except at the most superficial level.

      Consider that while it is true that they don't get into bidding wars to get the best employees, and therefore can pay them less, the ability to have employees move between companies allows both the employees and the companies the ability to exchange talent and get new ideas.

      Right now, I know people who work in jobs where they have no chance at making the senior levels simply because those levels are filled with people. There's no real reason why they can't move up, except that there are already people there and those people are just competent enough to not get fired.

      The usual way to get around that is to find a work place that can pay you more or at least comparably to your current job and has an opening that you can move into. If there is recruitment collusion, then you're stuck, because you won't be able to get that job to move up, or the job has benefits so similar or less than your existing title, that you can't justify taking the risk.

      I've never been a fan of labor movements in general, but I strongly believe that the one thing you don't want to decrease expenditures on (if you can help it) is people. Allowing people to make a truly competitive wage and be mobile between jobs is what keeps people in good jobs and ensures that top talent is placed where it can do the most good. If I am at Apple and there is an opening at Microsoft that allows me to leverage my skills to a greater extent than my current Apple job, I should be at Microsoft helping to create better products and driving competition, while at the same time, getting a wage that reflects my talent and skills.

      In the end, it may raise the price of an item superficially to pay for talent, but wages also increase as well. And the potential benefits from having talented people create better products may also drive prices down for those products. All this collusion does is keep wages low and prices high since they hoard expertise to themselves.

    3. Re:Beware the red herring by R2.0 · · Score: 1

      I agree with that collusion like this has second and 3rd order effects, but that's not what the anti-trust division is talking about. That's what makes her remarks so striking. She is using language that directly references 1st order effects - but not for the behavior they are investigating.

      I read this as the tip of a hand. The mantra in the administration currently is "we need more government regulation". Her comments show that it's not going to be a targeted effort to get at the problem areas but broad sweeps of industries. With strokes of a pen, the Obama administration has involved the executive branch in the banking and automotive industries to a level never seen before - and I think they are starting to like the way it feels.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
  9. They have money by Shivetya · · Score: 3, Insightful

    The US Government is short of that.

    Even though I own multiple Apple products I would rather see DOJ bust Apple's balls than MS. At MS doesn't dictate whose machine I can run their OS on (even though I have no Windows computers art home). As for Google, they have money, they are current at issue with various "AA" groups that have relations with people in the new guy's administration.

    Besides this about restricting employee for leaving for better offers by agreeing not to see out talent from agreed upon companies. In other words, if they like you they might be willing to make a deal with a competitor so you won't be offered a reason to leave.

    I still figure most of it is about getting more money

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
    1. Re:They have money by azior · · Score: 0, Troll

      Even though I own multiple Apple products I would rather see DOJ bust Apple's balls than MS. At MS doesn't dictate whose machine I can run their OS on

      ...as long as it's Intel x86 or x86-64... Microsoft and Intel are like a evil couple

    2. Re:They have money by CajunArson · · Score: 1

      Uh... Microsoft still does not DICTATE what CPU's you can run windows on. It is perfectly allowable to run x86 Windows on another architecture using emulation (although why the hell you would want to do so is beyond me). That is much different than Apple which will contractually prevent you from running OS X on any piece of hardware it did not sell you.

      Despite the whiny sense of entitlement that pervades Slashdot, you don't have a right to get everything you want from Microsoft for free. They are not doing anything via contract law to LIMIT you from installing legitimately purchased versions of Windows on any hardware you want, but they are not REQUIRED to spend huge amounts of money to rebuild Windows and every single Windows program to run on whatever obscure hardware architecture you decide is sacred now.

      --
      AntiFA: An abbreviation for Anti First Amendment.
    3. Re:They have money by Anonymous Coward · · Score: 0

      As for Google, they have money, they are current at issue with various "AA" groups that have relations with people in the new guy's administration.

      Watch Obama's campaign-era speech at Google. He even mentions he is going to do something different in the antitrust arena. (Though as I recall, he didn't say this specifically, but you could argue that this is what he promised. To the Googlers.)

      If everyone will take off their rose colored glasses, about how Apple and Google can do no evil... This is good for us, the Slashdot reading base, that works in technology. From the looks of it, this is about our freedom to get hired based on our merits, and not be unfairly disqualified based on some silly corporate arrangement. If you're working at a tech company and would consider moving over somewhere else, I can't see this as anything but good news.

      But... It really says something about how people get when they see this as offensive to their favorite cult (Apple, Google). I would guess that this is just fanboyism, and that the employees this affects aren't this stupid about their allegiances. If you are working at GOOG and APPL and don't like it, why should you oppose a measure that will make it easier for you to make a career move?

      Also, this is off-topic, but I don't see anybody quoting this part of the article:

      Antitrust experts say that could include wireless carriers and software operators that may be blocking certain applications from running on their networks and devices.

      Awesome. That sounds great.

    4. Re:They have money by geminidomino · · Score: 1

      It is perfectly allowable to run x86 Windows on another architecture using emulation (although why the hell you would want to do so is beyond me).

      O RLY?

      From Vista Basic and Premium EULAs
      "USE WITH VIRTUALIZATION TECHNOLOGIES. You may not use the software installed on the
      licensed device within a virtual (or otherwise emulated) hardware system."

      If you want to go on some sort of anti-slashdot astroturf rant, be my guest, but you might want to tone down the declarations of outright falsehoods. Hurts your credibility.

    5. Re:They have money by Eli+Gottlieb · · Score: 1

      Even though I own multiple Apple products I would rather see DOJ bust Apple's balls than MS.

      Right, so the monopoly abuse in the desktop market that they got convicted of just stopped as soon as the Bush Administration DoJ let them off scot free, right?

    6. Re:They have money by nxtw · · Score: 1

      ...as long as it's Intel x86 or x86-64... Microsoft and Intel are like a evil couple

      Windows NT was once released for MIPS, Alpha, and PowerPC and was going to be ported to SPARC by a third party. Only the Alpha port sold well enough to justify development, and then Alpha was discontinued before Windows 2000 was released.

    7. Re:They have money by CajunArson · · Score: 1

      You are likely taking that clause out of context, since if you read it that way it would mean all vmware installations with windows would violate the license... and we would have heard about that by now I assure you.

      --
      AntiFA: An abbreviation for Anti First Amendment.
    8. Re:They have money by relguj9 · · Score: 1

      Your counter argument is false and his original statement is true.

      Microsoft has no restrictions in their EULA on what hardware you can run it on, whereas Apple does.

      The EULA quote in question is referring to their lower end versions of Vista which forbid using your Windows license within both a virtual environment and a hardware environment. If you chose to buy another Vista license then I believe you could run Vista in a virtual environment without violating the EULA. I'm also under the impression that the upper end versions of Vista allow both.

      Apple, on the other hand, I guess explicitly forbids you to use OSX in a virtual environment or on any other hardware other than what they want you to run it on. I haven't actually read their agreement, but this is what I've been told from people.

      So uhmm yea.. pretty much the OP was correct in saying that Microsoft doesn't care where, or on what, you have your OS installed, whereas Apple does. Microsoft does care that you have a proper license for the OS wherever you install it though (as, of course, does Apple and pretty much every other retail software maker on the planet).

    9. Re:They have money by relguj9 · · Score: 1

      Taking it a step further even, if you use emulation, you could potentially run windows on any CPU you can dream of without violating the EULA.

    10. Re:They have money by geminidomino · · Score: 1

      I don't see anything about using the license within BOTH a virtual environment AND a hardware environment, unless your logic based on the definition of "licensed device" as a physical hardware system.

      But then the claim that you can't use both is incorrect, at least according to the wording of the EULA, because in the same part of the EULA where it defines "licensed device", it says "Before you use the software under license, you must assign that license to one device(physical hardware system)".

      A virtual machine is not a physical hardware system so, even if you have a separate license for the one you're putting on the VM, never used on another system, you're STILL in violation of the ridiculous EULA.

      Whether or not they'll come after you for it is another matter, but it's in there.

    11. Re:They have money by relguj9 · · Score: 1

      It may be poorly worded, but my interpretation is that those versions of Vista require a separate license for each installation, whether it's a virtual machine or actual machine doesn't matter. Installing on a VM is legit but you need another license. I have also been lead to believe that other versions of Vista allow you to install on both a virtual and actual machine.

      I agree that, given my interpretation, even this restriction is silly. As long as you're running the virtual image of Vista on a machine that's running Vista, why should you have to have another license? It's still running on the same hardware.

      This still has nothing to do with your assertion that you can't install Vista on a system that uses some processor other than an x86 with some lower level x86 emulation. Because, within the constraints of the EULA, you can. In fact, even modern x86 processors aren't "x86" at a hardware level, they remain this way at the assembler level to maintain backwards compatibility but they really only emulate an x86.

      I'm not a processor guru though, so I can't say if they've broken away from some of this emulation and eliminated some backwards compatibility. In many cases, maintaining backwards compatibility can stifle progress, but that's way off topic.

    12. Re:They have money by HeronBlademaster · · Score: 1

      I'm pretty sure the word "device" refers to a physical object, at least in this context, and therefore use of the word "device" in this context would refer to a physical device on which the software is installed.

    13. Re:They have money by geminidomino · · Score: 1

      I'm just gonna walk away from this one... at the end, we're both just going to end up annoyed with people on the internet and firsthand experience of why lawyers have the country by the balls...

    14. Re:They have money by relguj9 · · Score: 1

      Yea, at home I just use a mass distro copy of XP anyways.

      Plus I don't really have a need to run virtual machines of Vista at home, and if I did I wouldn't bother reading the EULA to figure out if I was technically allowed to.

    15. Re:They have money by geminidomino · · Score: 1

      Plus I don't really have a need to run virtual machines of Vista at home, and if I did I wouldn't bother reading the EULA to figure out if I was technically allowed to.

      Bingo.

      I think we may be the first two people on the internet to ever say "Fuck it, this is a pointless pedantic argument."

      We made history today...

  10. Re:Seriously? by harryandthehenderson · · Score: 1, Offtopic

    but I'm really sick to death of how video games for PCs are usually only available for Windows.

    Can you really blame them for only wanting to develop for a platform that will actually be profitable? Yes, it does suck that there is a dearth of Linux games, but that's just the way it is. If Linux got a bigger marketshare then you might see more attention, but game companies aren't going to develop for every fringe desktop OS when it isn't going to make them anything but a negligible amount of money.

    Obviously I have no proof of infringing behavior, but I'd bet dollars to doughnuts that MS is engaging in some anti-competitive practices in this area to shut out competing platforms from the PC gaming market.

    Or *gasp* maybe it has to do with the fact that it's completely not worth their time and money to make games for an OS that constitutes less than 1% of all desktops. Considering the fact that Macs get games would clearly show that your claim is wrong since Apple is one of Microsoft's most fierce competitors.

  11. Re:Apparently the Obama administration doesn't by Icegryphon · · Score: 1, Interesting

    Oh I don't know He has been doing favors for all his supporters, Like those car Dealerships whom supported him somehow manage to stay open.

    But if you want to keep Diluting yourself into "hope and change" then don't mind me, go right ahead.

  12. Re:Apparently the Obama administration doesn't by harryandthehenderson · · Score: 5, Informative

    Oh I don't know [arstechnica.com] He has been doing favors for all his supporters, Like those car Dealerships whom supported him somehow manage to stay open.

    Nice red herring, but it doesn't have anything to do with the fact that teh whole uproar over Sotomayor was based on a single ruling out of all of her years in the federal judiciary. One ruling hardly justifies being called "pro-RIAA".

    But if you want to keep Diluting yourself into "hope and change" then don't mind me, go right ahead.

    Except I never voted for Obama and have disagreed with almost everything he's done. Doesn't mean I won't still correct people who are spreading nonsense.

  13. Re:Apparently the Obama administration doesn't by Chlorine+Trifluoride · · Score: 1

    You're kidding, right? You realize that the statistics are completely against there being any political considerations in the closing of the dealerships.

  14. Re:Seriously? by jo42 · · Score: 1

    Seriously neither Google nor Yahoo! are anything close to a monopoly.

    Good luck trying to compete with either of them -- at any level...

  15. Re:Seriously? by harryandthehenderson · · Score: 1

    Especially if you have anything of merit because they will just recruit away all your talent while having an agreement not to do so to each other.

  16. Re:Wheres Microsoft in antitrust investigations? by twidarkling · · Score: 1

    Because that's not *anti-trust* behaviour. That's monopoly, and different. And since there's availability of other OS's, and it's possible to get a computer without Windows, then it's not a monopoly. Apple won't let non-Apple computers have OSX, and an OEM computer isn't going to take the time to make a custom Linux install to work with their hardware when they can foist support off to Microsoft by saying "that's an OS issue." Not to mention the majority of the programs that get "paid placement" or whatever are also Windows programs, which is why you can get a $400 computer. It's subsidized by Norton and whoever who want a trial of their software on it. Lose that, and there's no competitive advantage. Thus it's not MS who's abusing OEM.

    --
    Canada: The US's more awesome sibling.
  17. Re:Apparently the Obama administration doesn't by EraserMouseMan · · Score: 1

    The contention is that there were no statistics. Can you link to some? When the #1 performing dealerships in the same geographic area as other poor performing dealerships is closed and the poor performers are allowed to continue operating, how does this make sense statistically?

  18. Re:Wheres Microsoft in antitrust investigations? by harryandthehenderson · · Score: 1, Flamebait

    Because that's not *anti-trust* behaviour. That's monopoly, and different.

    Good luck trying to get that through the head of most Slashdotters. They are so misinformed about such topics that it's almost as laughable as when they repeat the erroneous, and contrary to established case law, claims that EULAs are nonenforceable in the US.

  19. Big Oil by Anonymous Coward · · Score: 0

    How is what these companies doing any different than the non compete / anti-head hunting clauses the major oil companies have been using for over four decades to limit employee loss to competitors? The way I see it this is just bluff and bluster on the DoJ's part.

    1. Re:Big Oil by harryandthehenderson · · Score: 1

      How is what these companies doing any different than the non compete / anti-head hunting clauses the major oil companies have been using for over four decades to limit employee loss to competitors?

      Because they aren't even remotely analogous? This agreement is saying that they will still recruit away talent from other competitors, just not the select few that they are colluding with.

  20. Re:Wheres Microsoft in antitrust investigations? by noundi · · Score: 1

    ... and an OEM computer isn't going to take the time to make a custom Linux install to work with their hardware when they can foist support off to Microsoft...

    Uhm last time I checked there were numerous products precisely the way you describe them available. Do you know what a netbook is? If so I guess what you meant to say was "most OEM's". There's a big difference.

    --
    I am the lawn!
  21. Re:Apparently the Obama administration doesn't by nomadic · · Score: 1

    Would you have voted for BHO if you knew he was going to make a lifetime appointment to the Supreme Court who is pro-RIAA and that under BHO's administration we'd see Google, Apple come under major Antitrust scrutiny (but not Microsoft)? What are your thoughts?

    Yes, yes I would. For one thing, in the world of things that truly matter, the RIAA is way down on the list. And as someone else pointed out, one pro-RIAA ruling during a judicial lifetime doesn't mean that much. As for the monopoly thing, if Google and Apple are breaking the law, they should be treated accordingly. Microsoft was already convicted of being a monopoly, and they were punishment. The punishment was completely inadequate and driven by right-wing free-market fanatics in the Bush government, but in the end that was the punishment that was levied. Unless Microsoft is doing something new that is anti-competitive, they are safe.

  22. Re:Apparently the Obama administration doesn't by poetmatt · · Score: 2, Informative

    You are looking at the wrong statistics. The most profitable dealers have remained open. It's not about performance, it's about profitability on both ends. Those two are not necessarily tied together. You can be a poor performer and there are tons of ways to make excess additional amounts per sale to the manufacturer, and this is in fact quite common at dealerships that have lower volume of sales.

  23. They are colluding to keep wages down by Anonymous Coward · · Score: 0

    By not hiring from each other, they are dampening the wage escalation that occurs for the best or most strategic talent.

    This does not hurt firms not in the cartel, it hurts their employees. It actually helps companies outside the cartel by reducing the cost to hire away talent from companies in the pact.

  24. Re:Apparently the Obama administration doesn't by nomadic · · Score: 1

    The contention is that there were no statistics. Can you link to some?

    You want a link. To no statistics.

  25. Re:Seriously? by je+ne+sais+quoi · · Score: 0, Flamebait

    You're pretty much completely missing my point. Let me re-iterate: based on my experience with their past behavior (browsers), it is not outside the realm of possibility that MS is doing something to entice game developers and/or video card makers to solely develop for directX. It could very well be that directX is a better platform to design games for, and that's why most gaming companies use it, but my thought was that *gasp* maybe MS is reenforcing it's monopoly on desktops through anti-competitive behavior. Gee, that'd be a real shocker, wouldn't it? I bet you'd never expect MS to try something like that, or that they might try and use their desktop monopoly to build games for the xbox 360.

    --
    Gentlemen! You can't fight in here, this is the war room!
  26. Re:Seriously? by A12m0v · · Score: 1

    *gasp* I use Windows because I have to. Work requires Windows, I go unemployed I'll finally be free from Windows, but I'd rather not!

    --
    GENERATION 25: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  27. Re:Apparently the Obama administration doesn't by poetmatt · · Score: 2, Funny

    Wait, someone voted for a Browser Helper Object? I've never heard of one being elected, personally.

  28. Maybe not by HubHikari · · Score: 0

    MLNN, if you think about it, a non-compete is a good idea, IF you happen to be in a sensitive position. If you worked for Google for a number of years and had an intimate knowledge of how their searching algorithm worked, would the brass really want you going to Yahoo with that knowledge being current? It would reduce Google's effectiveness as a company, and what's more, that's their proprietary data, which you might then pass on to another company.

    1. Re:Maybe not by royallthefourth · · Score: 2, Insightful

      If he's really worth it, the former employee should be paid to not work for the competition.

    2. Re:Maybe not by geber22 · · Score: 1

      MLNN, if you think about it, a non-compete is a good idea, IF you happen to be in a sensitive position. If you worked for Google for a number of years and had an intimate knowledge of how their searching algorithm worked, would the brass really want you going to Yahoo with that knowledge being current? It would reduce Google's effectiveness as a company, and what's more, that's their proprietary data, which you might then pass on to another company.

      A good idea for who? If I worked for Google and acquired knowledge of how their search engine works, that's my knowledge, it leaves with me. If they don't want me to acquire that knowledge they should do the work themselves. NDA's are complete crap, they are protectionism at it's best, and completely against the principles of a free market.

    3. Re:Maybe not by Anonymous Coward · · Score: 2, Insightful

      The point is, if your skills are sufficiently specialized, the ONLY possible work you could find is at your competition, so you are kept from finding work in your field. That is why non competes are illegal

    4. Re:Maybe not by sy5t3m · · Score: 1

      Trade secrets should cover that.

    5. Re:Maybe not by Anonymous Coward · · Score: 1, Interesting

      If you worked for Google for a number of years and had an intimate knowledge of how their searching algorithm worked, would the brass really want you going to Yahoo with that knowledge being current?

      That is why Non-Disclosure Agreements exist. I imagine that Google could easily determine whether a leak on their proprietary technology occurred, and they could take appropriate action if it did.

      The difference between an NDA and a Non-Compete speaks to a fundamental difference in philosophy in law/contract enforcement. The NDA, at its most ideal, is supposed to establish that Google's trade secrets are their property, and sharing them with Yahoo constitutes theft. There is nothing in the contract to stop the employee from working at Yahoo, but if trade secrets are leaked there will be consequences. However, a Non-Compete is usually tacked onto this contract and it says, "not only can you not share trade secrets, but we are placing additional constraints on what you (otherwise legally) can do based on what we think would lead up to this (illegal) act."

      Let's extrapolate that to law enforcement. We as a society agree on acts that are, without question, illegal. However, a certain number of perfectly legal actions must normally take place before the execution of this legal act. For example, in order to shoot somebody, it is necessary to have a gun. Owning a gun is perfectly legal and, depending on who you talk to, is a natural right enumerated in the Constitution. Does it make sense that legislators have placed restrictions on owning a gun, quite possibly in opposition of the Second Amendment?

      For those here who are more focused on the First and Fourth Amendments (though you should really care about all of them) here's another example. A terrorist is planning an attack on a building; a clearly illegal and horrible act. To maximize damage, a plan must be created; this would include surveying the structure of the building. A way to do that is to take pictures, once again perfectly legal in theory. So, certain people in authority got the bright idea to ban taking pictures of public buildings in order to (IMO ineffectively) prevent an attack.

      This may seem to be completely off-topic to this part of the conversation (NDAs and non-competes) but it really is not. They all bring up a fundamental question in how far we should go in preventing blatantly evil crimes from occurring. If we make so-called "steps to an illegal act" into crimes, how far should we go in prevent these "crimes" from occurring? I think that the concept of a non-compete shows that we've gone too far, and the courts seem to agree with that notion. No, I am not advocating a completely reactive scenario (i.e., don't bother doing anything until the damage is done) but there has to be a better balance than what we have now.

    6. Re:Maybe not by Cowmonaut · · Score: 1

      There are already *seperate* rules in place right now to prevent that from happening. Its called software patents, and until they go away they will be used. Once software patents are gone there will have to be some other Trade Secret law (US specific example here) or something to protect the companies I guess...

    7. Re:Maybe not by david_thornley · · Score: 1

      That's precisely why my father-in-law's employer paid him well for a few years after his retirement. It was a good deal for him, and it kept him away from competitors.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    8. Re:Maybe not by harryandthehenderson · · Score: 1

      MLNN, if you think about it, a non-compete is a good idea, IF you happen to be in a sensitive position.

      You think it's a good idea that people can't work after they leave a job just because they've gained a lot of knowledge? Seriously?

      If you worked for Google for a number of years and had an intimate knowledge of how their searching algorithm worked, would the brass really want you going to Yahoo with that knowledge being current? It would reduce Google's effectiveness as a company, and what's more, that's their proprietary data, which you might then pass on to another company.

      Trade secrets have been protected for years. If the employee divulged them not only would they be in deep shit but if Yahoo! used them then they would also be in deep shit as well.

    9. Re:Maybe not by eleuthero · · Score: 1

      What if he is simply a lazy but knowledgeable guy? I certainly don' t find it appropriate to continue paying a guy who works hard for three years with the company only to take it easy thereafter because he knows too much to be fired.

    10. Re:Maybe not by royallthefourth · · Score: 1

      If he's actually lazy, he wouldn't have gotten so much useful knowledge in the first place. Knowledge is power, now matter how many legal documents a corporation might throw at it.

    11. Re:Maybe not by eleuthero · · Score: 1

      Note that I am mentioning he was a hard worker up until he decided he had done enough and wanted to milk the system.

    12. Re:Maybe not by Anonymous Coward · · Score: 0

      You have no say in what anyone does unless you compensate them for the time during which they're doing (or not doing) something.

      In your scenario, move the lazyass to a less important project, -then- in 6 months (or however long) fire'em. If there's a good reason to fire someone immediately, then you'll be hurting your competition -more- by simply letting a bad employee work for them.

  29. Re:Apparently the Obama administration doesn't by bledri · · Score: 3, Informative

    How is this a troll? Sure a link pointing out one of the reasons it's a red herring would have been nice but I don't see how it's a troll.

    --
    Some privacy policy Slashdot.
  30. Hmmm by sbeckstead · · Score: 1

    An industry wide probe that calls out these specific companies. Odd that.

  31. Re:Seriously? by sbeckstead · · Score: 2, Insightful

    You mean like WolframAlpha? They can be competed with. May take some deep pocket investors and a high power altruistic talent but it happens.

  32. Vague laws gives government too much power by syncopated · · Score: 1

    Government anti-trust law action against companies purportedly level the playing field and empowers everyone to compete equally, giving more power to consumers. However, the anti-trust laws are vague and it is hard to tell when a company has violated them. Thus, the government itself gets broad powers to interpret the laws. If the government were really interested in leveling the playing field and empowering many industry players and consumers, instead of itself, it would do something to make those laws clearer. By maintaining vague laws, the government keeps for itself the monopoly to rule on a case-by-case basis what's allowed and what's not. The government itself is guilty of violating the principles of the anti-trust laws.

  33. BS! by wfstanle · · Score: 1

    I disagree! If he is so valuable to his employer that having him work for a competitor would be disastrous for the company, then he should be compensated. The best way would to give him a large enough salary so he would not be tempted to leave the company. As a second method, the company should pay his current salary if they prevent him from working for a competitor. At the very least, they should be obligated to pay the difference if his new salary is less PLUS a fixed amount more.

  34. Re:Apparently the Obama administration doesn't by Manchot · · Score: 1

    Nice red herring, but it doesn't have anything to do with the fact that teh whole uproar over Sotomayor was based on a single ruling out of all of her years in the federal judiciary. One ruling hardly justifies being called "pro-RIAA".

    Not only that, but it wasn't even a case of the RIAA/MPAA suing an individual for file sharing. The defendants were a series of bars that were publicly showing pay-per-view boxing, and it was a pretty open-and-shut case of infringement for monetary gain. Moreover, she only awarded the plaintiff four times the damages they incurred (definitely a constitutional amount), far less than the 1,000x damages that the RIAA typically seeks. Basically, that article was pure Slashdot-tailored FUD, and it's a shame people bought into it.

    Like those car Dealerships whom supported him somehow manage to stay open.

    Nice conspiracy theory. Too bad the statistics don't support your claim. In short, there's a greater than 50% chance that any variances in what dealerships went under is explainable by pure chance alone.

  35. Can anyone... by sbeckstead · · Score: 1

    I'm having a tough time figuring out exactly how this hurts consumers? Can anyone lay it out for me.

  36. It's monopsony by collusion by Animats · · Score: 5, Informative

    It's an illegal restraint of trade under US antitrust law. It's not "monopoly", which is sell-side, it's "monopsony", which is buy-side.

    Farmers classically face monopsony situations. This was much worse when most farm products moved only by rail. When there was only one buyer with a rail loading facility in an area, farmers were really screwed. That's why there are so many farmer's cooperatives in the US, and USDA efforts to control monopsonies. For what it was like before that, see "A Deal In Wheat", from 1903.

    1. Re:It's monopsony by collusion by Jah-Wren+Ryel · · Score: 2, Funny

      OMG! Monoponies!

      --
      When information is power, privacy is freedom.
    2. Re:It's monopsony by collusion by Anonymous Coward · · Score: 0

      If the workers at these companies started a union you'd have a monopoly/monopsony situation like what you see going on off the coast of Somalia with the pirates. Basically, when pirates take a boat, there's one buyer and there's one seller, these situations end up being long and drawn out and usually end up with both sides becoming friends because the length of negotiations are really costly to both sides.

      (thanks NPR!!!)

  37. Re:Apparently the Obama administration doesn't by BitZtream · · Score: 1

    My vote will most likely not change based on any one thing that gets done, unlike your dumb ass who is trying to put a decision on a fairly trivial issue such as copyright law on the same level as genocide and world domination.

    Only an idiot would change his vote based on something as trivial as this. If all you look at is how someone is going to react to this sort of shit then you're a moron. There is more than one issue and more than one level of issue and you take the whole picture into account, not one event.

    Would this change my vote? Fuck no, I'm all for hiring what you would call 'pro-RIAA' lawyers (keep in mind judges ARE lawyers). Lawyers work for who pays them, they leave their morals at the door and fight for the guy holding the check. Obama can pull EVERY SINGLE ONE of the RIAA's lawyers into his cabinet. Then the president will have ALL of the good lawyers and the RIAA/MPAA will be left with second best. Sounds like a winner to me. Lawyers aren't loyal unless you're the guy holding the purse strings. These people aren't 'PRO-RIAA' they are PRO-BIG_FUCKING_PAY_CHECK.

    Way to let your ignorance waste your vote, when you get out of school and clear your head a little maybe you'll get in touch with reality.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  38. Re:Seriously? by harryandthehenderson · · Score: 1

    You're pretty much completely missing my point.

    No, I got your point completely. It was just wrong.

    Let me re-iterate: based on my experience with their past behavior (browsers), it is not outside the realm of possibility that MS is doing something to entice game developers and/or video card makers to solely develop for directX.

    Why would they need to do anything at all? Any game company that wants to make money is already going to know to develop for the platform that holds 90% of the desktop market. Your second point doesn't make any sense since all video cards support OpenGL and have for a decade and more.

    It could very well be that directX is a better platform to design games for, and that's why most gaming companies use it, but my thought was that *gasp* maybe MS is reenforcing it's monopoly on desktops through anti-competitive behavior.

    DirectX is easier to develop for which is why even id Software, a long time developer on OpenGL, started doing DirectX development. Or are you going to claim that Carmack was bought out by Microsoft?

    I bet you'd never expect MS to try something like that, or that they might try and use their desktop monopoly to build games for the xbox 360.

    This doesn't even make sense. What does their desktop monopoly have to do with making games for the 360?

  39. It's actually worse by Anonymous Coward · · Score: 0

    ...MS doesn't dictate whose machine I can run their OS on (even though I have no Windows computers art home).

    Instead, they pressure the manufacturers into excluding competitor operating systems on computers they deem to be their target market. The "Windows tax" is collected before you get the machine, so you might as well accept the pre-installed product and use it -- like it or not.

    I fail to see how that is better.

  40. Re:Seriously? by thePowerOfGrayskull · · Score: 1

    You're pretty much completely missing my point. Let me re-iterate: based on my experience with their past behavior (browsers), it is not outside the realm of possibility that MS is doing something to entice game developers and/or video card makers to solely develop for directX.

    You mean like advancing Direct 3d to contain new features with every major release, while Khronos dropped nearly every new feature from the long-awaited OpenGL 3.0 spec?

  41. Where in the Constitution by scorp1us · · Score: 0, Flamebait

    Is Obama given the authority to regulate businesses - specifically hiring practices. If we allow Obama, et al, to come in and under "anti-trust" provisions penalize these companies for NOT hiring away top talent then our nation has taken a drastic turn towards Marxism. The "hiring truce" is in no way anti-competitive in the sense that it does not affect the marketplace. We still have complete choice between any search engine. Ironically, the one oddly missing from this hiring truce is Microsoft, who is the only one to be convicted of violating anti-trust law! There is no way employments functionally produce a way to maintain market power. If you could put someone else similarly competent, in the position, you'll get a similar result.

    The Russians were amazed when Obama "fired" the CEO of GM!

    I don't want to hear that it "keeps wages down" or that it is a form of "non-compete". Anti-trust laws are not about jobs. They are about markets. I can use any search engine - google, yahoo, bing(wtf?) and I have plenty of hardware choices. Where I don't have enough choice though is in PC OSs. Thank you, Microsoft.

    We are embarking down a dark path as a nation. Government interference in hiring practices? I can understand racial discrimination (marginally so) but a hiring truce? Give me a break.

    --
    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
    1. Re:Where in the Constitution by david_thornley · · Score: 1

      Where in the Constitution? The "interstate commerce" clause comes to mind. After all, the labor market is a market like any else, and several companies that extend over multiple states are colluding to hurt this market.

      Competition is good for the country as a whole, but it isn't nearly as good for individual companies. Consequently, the individual companies will seek to restrict it, and distort the free market. Keeping a free market in interstate commerce, whether a commodity market or a labor market, is a perfectly legitimate thing for the Federal Government to do.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    2. Re:Where in the Constitution by scorp1us · · Score: 1

      But you miss the point. The "market" refers to the wider market. We are not saying that employees can't quit on his own and interview at a competitor. Rather this is about a voluntary, informal truce targeting workers at a specific company and persuading them to leave.

      Its the difference between getting a divorce and finding love with someone else vs. having a home-wrecker come in and then getting divorced because of adultery.

      We just have companies agreeing not to commit adultery with each other. Like that is a bad thing.

      The "interstate commerce clause" was not license for the federal government to interfere with every aspect of private business. Rather, it only gave jurisdiction as to ensure that the commerce was free and unimpeded between the states. Just as interstate commerce cannot be taxed, the commerce clause prevents states from playing favorites with other states. Imagine if the southern states put restrictions (non-tax) on all exports to the north, while leaving other southern states unrestricted.

      --
      Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
    3. Re:Where in the Constitution by david_thornley · · Score: 1

      I miss what point? I'm not married to any company, although considering what a couple have tried to do to me it would have been a bit more appropriate. Then again, I can't come up with a car analogy either.

      If another company offers me a better deal than I've got here, I'm better off with the option (not to mention it's good egoboo). Further, it probably means they've found a way for me to be more productive there (which is why they'd pay me more), and that is a benefit to society as a whole.

      Nor do I see the same limits you do on the interstate commerce clause. It says "regulate", and without consulting the Federalist Papers it's hard to see exactly what the original intent was. Since it seems to me that breaking up obstacles to free markets is a legitimate government power, I have no problem with the government action here.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  42. Re:Apparently the Obama administration doesn't by Anonymous Coward · · Score: 1, Funny

    *crickets chirping*

  43. Christine Varney needs a history lesson by sgt+scrub · · Score: 1

    In the technology business, the guy with the money buys up the talent to kill his competition. It was that way before IBM displaced Rand McNally. Microsoft turned it into a sledgehammer. Google headed down that path. Yahoo! said "what up with do no evil beothes?". So, folks made a pact of sorts not to do it.

    --
    Having to work for a living is the root of all evil.
    1. Re:Christine Varney needs a history lesson by chiguy · · Score: 1

      In the technology business, the guy with the money buys up the talent to kill his competition.

      It's the same in any business. This is good for employees ("Workers" if you're anti-socialist).

      Google headed down that path. Yahoo! said "what up with do no evil beothes?". So, folks made a pact of sorts not to do it.

      Good for Yahoo, bad for Yahoo employees. It's also bad for Yahoo because they can't hire away Google expertise to help them catch up to Google.

      In general, it's all bad because it keeps the status quo instead of allowing active competition for people and the free exchange of ideas to move from one company to another.

      The free exchange of ideas is what would level the playing field and help other companies catch up to the leader.

      --
      passetspike!
  44. Genentech by AnAdventurer · · Score: 1

    Does Peter Gibbons still work at Genentech?

    --
    6.8SPC TR of 550, l xwind at 6, drift rt at 26" drops 77". AT has 503 ft-lbs at 1403 fps. FT 0.86
  45. Re:Seriously? by je+ne+sais+quoi · · Score: 0, Flamebait

    I remind that having a monopoly on a particular product is not illegal. What is illegal is "abusive behaviour by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position" (link). What you are saying is that gaming companies are just developing for the platform that holds 88% o the market. What I am suggesting is that there is a strong possibility that MS is doing more than just making a good platform to design games, they could be colluding with video card developers or game producers to keep it that way so that no other platform could get games, which in turn reinforces their monopoly on the OS. How do you know that MS doesn't offer an unfair advantage to developing on the directX? Are you a developer? Do you know what kinds of deals MS does with e.g., id software? I don't, that's why I'm asking.

    As for consoles, can you really not see that MS is trying to use its monopoly on desktops and PC games to leverage itself into the console market? Really?

    As for the Mac, don't be ridiculous, the Mac might get some of the more popular titles, but I argue that it's nowhere near the percentage of people using macs at home, AND they get them late if they do get them.

    --
    Gentlemen! You can't fight in here, this is the war room!
  46. Re:Apparently the Obama administration doesn't by Chlorine+Trifluoride · · Score: 1
  47. Re:Good (It's not about non-compete) by Anonymous Coward · · Score: 0

    It's not about non-compete agreements between employer and employee. It's about standard boilerplate language in most IT contracts that stipulates that the parties to the agreement won't induce the other parties employees to leave. The usual recourse for the employee is to respond to a public job posting from one of the parties. Nothing sinister here, just companies attempting to protect their most valuable assets, their employees.

  48. Non-compete agreements? by Anonymous Coward · · Score: 0

    Isn't a non-compete basically the same thing? Employers go to great lengths to impose their non-compete agreements on prospective employees, most of whom have no trade secrets or proprietary knowledge of anything. The ultimate goal has nothing to do with the employer's competitors; they simply wish to limit the number of offers an employee might receive (from any source). Paying higher salaries would accomplish the same thing, but the paperwork solution is cheaper and gives the legal department something to do.

    It just so happens that most (if not all) of the companies mentioned in TFA are California based. There are no non-competes in California. To me, it looks like these companies stand accused of doing what non-California employers already do. It's slightly more obvious in this case, but not much.

    The problem could be solved if non-competes were allowed in all 50 states, for an unlimited term. But the catch would be that employers would be obligated to pay the employee their existing compensation for the duration of the non-compete period if they are terminated for any reason. If their knowledge is SOOOO valuable, then paying them to sit on the bench would be a relative bargain, no? If not, then ditch the strategy.

  49. Re:Apparently the Obama administration doesn't by Anonymous Coward · · Score: 0

    Since he is, in effect, the CEO of both GM and Chrysler, Obama is the biggest antitrust violator of all.

  50. Re:Apparently the Obama administration doesn't by Locke2005 · · Score: 1

    dilute???

    I think you mean delude. Or perhaps you're just delusional.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  51. Re:Seriously? by harryandthehenderson · · Score: 1

    What you are saying is that gaming companies are just developing for the platform that holds 88% o the market.

    Exactly. They are developing for a platform that will actually be profitable not a fringe OS that will provide them with no real appreciable gain in profits.

    What I am suggesting is that there is a strong possibility that MS is doing more than just making a good platform to design games, they could be colluding with video card developers or game producers to keep it that way so that no other platform could get games,

    And yet you have no evidence of this. And it's even more amusing in light of the fact of the current state of the proprietary nVIDIA and ATI drivers for Linux.

    which in turn reinforces their monopoly on the OS.

    It may to some degree, but gaming is hardly even a major reason they hold their huge market share.

    How do you know that MS doesn't offer an unfair advantage to developing on the directX?

    Because they have no need to do so?

    Are you a developer?

    Yes, I am and I know plenty of people who do game development. They don't develop for Windows due to some huge conspiracy. It's because the platform is easier to develop for and it's one in which they will actually make money.

    As for consoles, can you really not see that MS is trying to use its monopoly on desktops and PC games to leverage itself into the console market? Really?

    Yes, I can't since the two markets are completely unrelated in any way. Exactly in what way is a console game maker going to care or be swayed by Microsoft's desktop OS market share?

    As for the Mac, don't be ridiculous, the Mac might get some of the more popular titles, but I argue that it's nowhere near the percentage of people using macs at home, AND they get them late if they do get them.

    Ah, but you were trying to claim that there was some grand scheme to prevent games being made for anything but Windows but it must not work very well if Mac games are still being made and ported.

  52. Re:Seriously? by 99BottlesOfBeerInMyF · · Score: 1

    Seriously neither Google nor Yahoo! are anything close to a monopoly.

    I understand your confusion. Most of the discussion of antitrust law on Slashdot is a discussion of Microsoft. Antitrust law is about undermining markets by leveraging market share. These laws apply to monopolies and cartels (also known as trusts). The RIAA is a good example. It is a bunch of companies illegally colluding to undermine the music publishing industry, although no individual member company has a monopoly. In this case the contention is that several tech companies are colluding and forming a trust to collectively disadvantage employees in the tech industry, instead of competing for hires.

    Doesn't it make much more sense to go after MS rather then companies which are definitely not monopolies and not abusive ones at that?

    It makes sense to go after both, but it seems like such obvious, long term abuse as MS has been engaged in would be a prime target if they weren't donating so much money to both political parties.

  53. I agree, but they're somewhat better, for now by Trepidity · · Score: 2, Interesting

    Google has two main differences, I think, for now:

    1. They're still largely controlled by some fairly idealistic folks, who are now so filthy rich that they aren't that worried about making even more money, so much as using their multi-billion-dollar playground to incubate things they think of as cool. As long as their playground continues making significant profit margins, the third-party investors will probably let them do this.

    2. In many of their market segments, their self-interest isn't as badly aligned with openness as it is for some large companies. With Google's resources, they can afford to make open protocols, avoid a walled-garden approach and allow people to move their data in/out, etc., because they're banking on the competitive advantage of, "go ahead, just try to duplicate this... here, we'll even give you the code and the APIs, now good luck coming up with and setting up / maintaining that much computing power for a lower price than it costs us". This is actually a positive marketing tool in some areas, because a few large companies have gotten burned with data locked into proprietary formats from now-defunct companies, so "we can get our data back out of this thing, right?" is something even companies that don't care about open source are asking these days.

    I agree with you that it's quite possible these will change. If its profit margins start going down, investors will start demanding more "normal corporation" type of stuff to try to prop them up, and the founders and their lieutenants will no longer have complete freedom to do what they'd like. If people seem like they are starting to move off some of the services, Google will come under investor pressure to try to lock them in, or at least to no longer be so nice about helping customers avoid lock-in.

    1. Re:I agree, but they're somewhat better, for now by Prof.Phreak · · Score: 1

      Eh. I remember liking Microsoft at some point. They were once "good" too.

      --

      "If anything can go wrong, it will." - Murphy

  54. Re:Seriously? by Anonymous Coward · · Score: 0

    You chose your username wisely.

  55. What aboutr Microsoft?? by fchambers · · Score: 1

    Are they too big to be looked at or have they bought off so many politicians that they are too corrupt to prosecute. Europe seems to have the right approach. While this investigation is about labor pools and collusion there needs to be a major effort to look at restraint of trade on the sell side. A 90% market share coupled with the practices M$ uses, including buying off standards committees, Norway for example, and bribing African nations to not use Linux when it is obvious that the people of the nation will not see a cent until it has been filtered through the pockets of the power people and most of it salted away in Swiss bank accounts, should at least be cause for asking some questions, no matter how much of congress they now own. Their practices make Carnegie and Rockefeller look like amateurs.

    1. Re:What aboutr Microsoft?? by Anonymous Coward · · Score: 0

      Troll + FUD in one post ! Awesome. I'm sure you'll get chosen to suck stallmans cock tonight. Congatulations !

  56. It makes me wait X minutes by Anonymous Coward · · Score: 0

    Which currently has managed a maximum of 2 hours 23 minutes.

    Which is nice.

  57. Re:Apparently the Obama administration doesn't by tnk1 · · Score: 1

    Nice red herring, but it doesn't have anything to do with the fact that teh whole uproar over Sotomayor was based on a single ruling out of all of her years in the federal judiciary. One ruling hardly justifies being called "pro-RIAA".

    Well... to be fair, when you are a Supreme Court justice, sometimes one case makes all the difference in the world. Just ask the pro-life people or the Gore campaign.

    One case does not prove a trend, but it does set markers about where the judge is prepared to go under certain circumstances. If you have done it once, you can can certainly do it again. Whether you like it or not, her decision is a concrete fact that she, at the very least, needs to explain. Or rather, needs to explain if she cares at all about the people who are concerned with it.

    That said, as I've said before, her RIAA chops are probably not what is really propelling her to this position and is not likely to have much bearing on any part of this nomination. Not unless they uncover that she was handed a suitcase full of money or something anyway.

  58. Re:Apparently the Obama administration doesn't by harryandthehenderson · · Score: 1

    That said, as I've said before, her RIAA chops are probably not what is really propelling her to this position and is not likely to have much bearing on any part of this nomination.

    Except that the case that is supposedly the one who got her labeled as "pro-RIAA" had nothing to do with the RIAA to begin with which makes the original claim even more ridiculous.

  59. Re:Apparently the Obama administration doesn't by DrgnDancer · · Score: 1

    My father works for one of the Dodge dealerships that are not being closed. While they are not the biggest sellers in the area they have excellent financial because:

    A) The owner is "a cheap bastard who know where every penny goes and never spends one where he can avoid it" (Note: This was not a compliment when my father said it, but he considers it one now :-) )

    B) They never did the majority of their business selling cars. They make most of their money on parts and service. In the down economy this is actually great, because they aren't feeling the hit in new car sales as badly as some, and their parts and service departments are doing better than ever. People would rather pay for a repair than spend the money on a new car.

    Many of the very large and powerful dealerships that are being closed have dismal financial. They've spent a fortune on fancy showrooms, borrowed a ton of money to do it, and their business models are based entirely on selling a huge volume of cars quickly. Sure they sell more cars than my Dad's place does even now, but many of them are buried in red ink. Of course I can't speak to every dealership in the country, and I'm sure you can point to one that doesn't fit my argument; but in general what they're looking at is profitability and long term viability, not volume.

    --
    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  60. AMEN! by Weezul · · Score: 1

    Outlaw non-competes & these deals! It'll ultimately raise all tech workers salaries.

    --
    The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
  61. Re:Wheres Microsoft in antitrust investigations? by miffo.swe · · Score: 1

    How can it not be antitrust behavior to put strong pressure on OEM's not to sell competing products? The availability of Linux doesn't change the fact that any manufacturer of anything competing with Windows gets a big gun aimed at their head. Remember BeOS, OLPC and Asus netbooks? Those are solid examples where a manufacturer and its customer wants one thing and Microsoft coerces them to ditch alternatives in favor for Windows. Its blatant open and utter contempt for ordinary market forces at play here and it hurts the market much more than it hurts the competitors to Microsoft.

    Microsoft is abusing OEMs and directing them to the point that the only thing left they can compete on is price alone. Theres nothing they can differentiate at all. ASUS did go the Linux route, was extremely succesful and still ditched Linux because of enormous pressure from Microsoft. Even if Linux based netbooks sold like butter they vanished off the market. The same goes for any competitor on the OS market. Nobody will get past Microsoft no matter how god OS gets released and thats the real problem. Numerous old inventions in the OS realm still waits for someone to implement them but its just wasted money to do so because of how Microsoft abuses its current monopoly.

    Were at a complete standstill when it comes to computing and its all thanks to Microsoft and lax US antitrust regulations. Imagine where we would be today hadnt US DOJ stepped in 1980 and wrangled the computing market away from IBM? You sure as heck wouldnt be having a computer at home thats for sure!

    --
    HTTP/1.1 400
  62. Nothing new here. by Anonymous Coward · · Score: 0

    I worked as an engineer at HP about 15 years ago. Every year they herded all the employees into meeting rooms to tell us about annual pay raises. They would make a presentation about how the HP HR people got together with HR people from other big name companies around silicon valley and decided what each engineering job position was worth and how big the raises for the current year should be. I was utterly disgusted and shocked that they would talk about it as if they were proud of the fact that they were fixing "prices".

    I'm glad someone is finally suing the bastards. It should have been done a LOOOOOONG time ago. Now they need to be straightened out over H1B visas and the indentured servants they create.

  63. Re:And this is a problem WHY? by Anonymous Coward · · Score: 0

    No one can "game" companies to get more than they are worth. Companies will not pay anyone more than they are worth (except CEOs, but that's a special situation where a bunch of his pals are voting on his and their own pay). It might work for a few weeks or even months, but if someone isn't performing up to expectations they are unceremoniously dumped on the street (again, except CEOs).

    When companies agree not to hire each other's employees away what they are really saying is that if someone comes looking for a job they won't be offered any more salary or benefits than they are getting where they currently work.

    In fact, companies start new hires at some specific, low level of vacation time so that if you change companies your benefits actually go down. That keeps everyone right where they are, which is the goal of those companies that collude to prevent movement of workers.

  64. This is crap... by Alascom · · Score: 1

    I work at Google, and in the past 6 months I've received job offers from both Yahoo! and Apple. Its not much of a secret agreement if all the companies are clearly violating it by trying to recruit out from under the others.

    More FUD, probably somehow initiated by Microsoft, attacking and smearing its competitors.

    1. Re:This is crap... by BBTaeKwonDo · · Score: 0

      The story is about top talent, not all employees. The article doesn't define 'top talent', but I'd bet they're referring to people at the vice president level and above, with at least several hundred people in their organizations, salary well into six figures, probably with options or restricted stock into seven figures. Unless you're one of them, your data point means very little.

  65. Re:Apparently the Obama administration doesn't by sowth · · Score: 1

    Unless Microsoft is doing something new that is anti-competitive, they are safe.

    Is this supposed to be funny? Their entire business model is based upon being anti-competitive. Ever hear of Windows Media Player? What about the Xbox? And no, just because Sony and Nintendo do the same things with their consoles doesn't make it right or not anti-competitive.

  66. Re:Apparently the Obama administration doesn't by nomadic · · Score: 1

    No, you misunderstand. Microsoft was charged, convicted, and punished for their actions. The punishment was severely inadequate for the crime, but as long as Microsoft follows it (and yes, I am aware they have been skirting the edge of it for a while), they are protected by double jeopardy/res judicata.

  67. Re:Seriously? by XcepticZP · · Score: 1

    Wow, blatant disregard for facts and logic. You truly are a hardcore Microsoft hater!

  68. Re:Seriously? by XcepticZP · · Score: 1

    Are you nuts? You expecting game developers to develop games for platforms that have a tiny fraction of the market is bonkers, not to mention down right selfish on your part.

    Let's do some math. I'll pull some magic numbers out of my ass, definitely biased towards your suggestion. I'll take a reasonably fair number and assume that linux/mac have 15% of the market, currently. Now, how many of those people do you think will actively buy games for their platform? Lets say 30% for linux, say 50% for the mac, and 30% for the windows, to be fair.
    0.3 * 0.15 = 4.5% for linux.
    0.5 * 0.15 = 7.5% for mac
    0.85 * 0.3 = 25.5% for Windows.
    Therefore:
    (4.5 / 25.5 * 100) Profit loss moving development from windows to linux = 100% to 17.64%.
    (7.5 / 25.5 * 100) Profit loss moving development from windows to mac = 100% to 29.41%

    Now, these are overly generous figures towards your side, and a gross oversimplification of the situation. Not to mention the added cost of developing games for a platform that probably none of your developers have experience in. Or perhaps the added cost of having to develop for 2 or more platforms, even with OpenGL.

    So let me get this straight: You are pissed off that they are not willing to reduce their profits four fold?
    Here's some homework for you. Promote your favorite platform and maybe, just maybe, someday it will be as successful as Windows currently is. Until then, deal with the fact that your favorite OS is not the best, and quit whining about it.

  69. Re:Apparently the Obama administration doesn't by sowth · · Score: 1

    MS was convicted for the things they did with IE and Java. Windows Media Player and the Xbox had nothing to do with their previous conviction, they are new violations. Double jeopardy has nothing to do with them not being charged with new violations.