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Should Microsoft Be Required To Extend Support For Windows XP?

An anonymous reader writes "If Windows XP were a photocopier, Microsoft would have a duty to deal with competitors who sought to provide aftermarket support. A new article in the Michigan Law Review argues that Microsoft should be held to the same duty, and should be legally obligated to help competitors who wish to continue to provide security updates for the aging operating system, even if that means allowing them to access and use Windows XP's sourcecode."

21 of 650 comments (clear)

  1. Where do you draw the line? by glasshole · · Score: 5, Interesting

    Photocopier vendors do not open the controller software up to competitors / vendors who provide support. They just give them specs for replacement parts. Do you force Apple to let 'competitors' support OS X 10.5 on G5 Macs? Do you force Google to let competitors still support Google Wave?

    1. Re:Where do you draw the line? by flux · · Score: 5, Insightful

      Actually Google already gave the Wave to the Apache foundation, so I guess they're set from that point of view.

      That aside, I don't think a company should be forced to provide any level of support for a ten-year-old product. They could even be up-front about ("this product will not be supported for longer than five years") and people still wouldn't care. Well, until the day came.

    2. Re:Where do you draw the line? by qwijibo · · Score: 5, Insightful

      With software, and by extension the hardware it requires, the lifespan is incredibly short compared with almost every other product out there. I'd like to see more companies release the software, code, etc. to the public domain as a formal way of walking away from it, but leaving customers with something more than "gee, must suck to be you" for support.

      Borland released old versions of tools like Turbo C when it was no longer relevant commercially. Even though I paid for those tools when they were commercially relevant, I always liked the spirit of giving away old software. There's no cost to releasing it to the public domain. There are plenty of third world countries learning on and using technology that we throw away. There's a benefit to those people having software and learning technology but there's absolutely no money in it.

      There are fringe cases where ongoing support is needed for really old systems. For example, I've been in machine shops with computers that drive CNC machines that run on 386's under DOS. As long as the machines keep working, it's a valuable part of running their business. Today it's nearly impossible to find replacement parts, but smarter shop owners bought extra pieces when they were disappearing from the market long ago. If something breaks, these people are willing to pay a premium to people who can help them. They know it's not a great situation, but it's much better than spending hundreds of thousands to replace everything that depends on old systems.

      Proprietary interfaces, boards and drivers that integrate machinery with computers are the legacy components that makes it hard to replace these old systems. If they used an RS232 interface for low bandwidth data and Ethernet for higher bandwidth, it wouldn't be hard to reverse engineer what's going on and write software that runs on modern systems that could serve as a replacement. But a proprietary interface that requires an ISA slot and custom cables means there is no way to modernize that doesn't require new custom hardware.

      The space shuttle is another good example of what happens when something is decades into its service life, but has components that were never expected to live that long. NASA can't just load everything on an iPad and hope each crew member bringing their own is enough fault tolerance and stands up to the extreme environment of space.

      XP isn't all that old, as evidenced by the number of users who don't want to get off of it. It makes sense that Microsoft wants to get rid of it - there's no price for a support contract that would make it mutually beneficial to keep tech support trained on it and developers dedicated to working on it. But at the same time, Microsoft is not the kind of company that is likely to release it to the public domain either. The last thing they would want is an open source community picking it up, keeping it current with security patches and making it work on new hardware. That's the antithesis of the forced upgrade model.

    3. Re:Where do you draw the line? by gnasher719 · · Score: 5, Informative

      Oh c'mon, you know how it would work in this time and age. If some blunder in MS software caused a nuclear meltdown, MS would be declared too big to fail and you can shove your damage claims where the sun doesn't shine.

      If you use MS software (or anyone else's software) in a situation where it could cause a nuclear meltdown, you are using it against Microsoft's explicit terms and conditions, so they wouldn't be at fault at all.

    4. Re:Where do you draw the line? by Kaenneth · · Score: 4, Funny

      The disasters caused by Y2K were so quickly forgotten...

    5. Re:Where do you draw the line? by BUL2294 · · Score: 4, Informative

      XP was legally sold on netbooks made as late as October 22, 2010 ( http://windows.microsoft.com/e... ). Those computers were still in the sales pipeline into early 2011.

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  2. Nah just have copyright last for 14 years by Anonymous Coward · · Score: 4, Insightful

    Nah just have copyright last for 14 years max.

    Then Microsoft will have to actually build stuff significantly better than XP rather than disappointing stuff like Windows 8.

    You think progress would be slow because the shortened/reduced monopolies would reduce investment into innovation? Well Microsoft has spent billions and what we got is stuff like Vista, Windows 7 and Windows 8.

    A shorter copyright term would definitely "help them focus" on innovating rather than extending or leveraging the reach of their existing monopolies don't you think?

    1. Re:Nah just have copyright last for 14 years by Opportunist · · Score: 4, Insightful

      Shorter copyright would actually not hinder but force innovation to happen. Right now, you can invent something and if it turns out to be "gold", you can milk it forever. No need whatsoever to ever invent anything again.

      That's supposed to spur innovation? Could someone show me how?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  3. no. by globaljustin · · Score: 5, Interesting

    I am a critic of M$ but I do not think they should be required by law.

    Only in the case of some sort of long-term contract that is still in effect, that mentions specifically updating software until a time in the future...unless that is the case.

    These laws are complex and the photocopier example is interesting.

    I am against artificial scarcity for sure...that's one reason I hate M$...but I think this may cross the line. If M$ wants to let XP die then they have the right to refuse to make vital trade secret info available to people who want to keep it alive.

    I have a feeling the photocopier example is more about purposefully creating artificial scarcity. It's not quite analogous b/c it's an actual machine not software.

    I'm not giving M$ a pass. Its about property rights. If people love XP so much (i remember it was the only windows version i could really get work done using...would still choose it today) then the community will come up with a solution...which should be legal to give away for free.

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    1. Re:no. by sjames · · Score: 4, Insightful

      An interesting angle though, MS is in the process of officially declaring that they have no further commercial interest in XP whatsoever. They won't sell you a license even if you beg them. It's a little hard to call it 'valuable intellectual property' with a strait face when they refuse to derive any value from it.

      Not really sure how much to make of that, just throwing it out there.

    2. Re:No. by Opportunist · · Score: 4, Insightful

      The problem is, exactly, that it's getting harder and harder to justify upgrading your OS. It worked up to XP, but from there on ... but let's take a look down the MS OS timeline.

      3.11 -> 95. A no brainer. 95 was leaps and bounds ahead of 3.11, which was at best a GUI to DOS.
      95 -> 98. Finally networking that really works and doesn't need you to resort so some kind of third party tool to actually USE your network.
      98 -> 98SE. Stability increase, far, far better support for various bits of hardware.
      98SE -> ME. Erh... Well, let's be honest here, there were some ... hey look, is that George Clooney?
      98SE -> 2k. The compatibility of the 9x line combined with the stability and the security from the NT line.
      2k -> XP. Where 2k was "a business system that got some touch from a private user system", XP was where the private user became home again. 2k was a bit sterile, XP now offered everything they needed. Much better USB support, WLan out of the box, a much smoother user experience altogether and near perfect stability (outside of driver woes).

      And that's where the "must have OSs" end, pretty much, from Joe Randomuser's point of view. He needed 95 for "true" 32bit stuff. He needed 98(SE) for easily working networking. He needed 2k for complete USB support. He needed XP for WLan support. But what would he need Vista/7/8 for? Nothing he could possibly want to plug into his computer has a problem with XP. Nothing he could want to run has an intrinsic problem with XP (yes, some newer games want a DX version that MS deliberately did not make available for XP).

      What will in the near future possibly convince people to move away from XP and towards 7 or 8 (or, probably, by the time it really matters, 9) is 64bit support, something that didn't really work out well for XP, and about the only thing where I can say with a straight face that 7 trumps XP in every way, from OS itself to drivers. But to most "normal" users, a limit of 3.something GB isn't that big a deal, considering that most of the software they'd want to run is suffering from exactly the same problem, since it's 32bit soft.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:no. by Anonymous Coward · · Score: 4, Insightful

      So here is your big wake-up call. If you don't do something about the future guess what is gonna happen?

      The big wake up call is that anybody not willing to continue to provide full support to a 13 year old OS version should be avoided? Got it. Now checking current official Apple support for Mac OS 9.2..., and commercial Linux distro support, bug and security fixes for their 2.4.0 kernel based releases.

  4. Depends by fredprado · · Score: 5, Interesting

    Microsoft or any software company should be forced to provide full support for their commercial products for as long as they hold copyright over them.

  5. An Alternative Law by l0ungeb0y · · Score: 5, Insightful

    Personally, I think they are going about this the wrong way. The Gov't should be sending Death Squads to kill all members of any household still running XP, or running any version of IE less than 10. Brutal? Maybe. But, boy will it do wonders for the social lives of us Web Developers.

  6. No by scream+at+the+sky · · Score: 5, Insightful

    It's 12 years old for crying out loud, let it die.

    That's like arguing that Nokia should still be providing support and software upgrades for the 6100.

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

    --
    I wish I was a neutron bomb, for once I could go off...
  7. Microsoft still provide support for Windows XP by FaxeTheCat · · Score: 4, Insightful

    The case is based on false assumptions.
    Microsoft still provide support for Windows XP to those who are willig to pay for it: http://arstechnica.com/informa...
    Case closed.

  8. Linux needs to step up by Barlo_Mung_42 · · Score: 5, Insightful

    MS is trying to push people off XP. There are other alternatives after all. Many of them are even free. How bad does it make Linux and Chrome look if they can't compete with an 12+ year old OS that MS is actively trying to push people off of?

  9. Complete access and indefinite support for free?! by Anonymous+Brave+Guy · · Score: 5, Insightful

    it's a pretty easy barrier if enforced on _everyone_.

    Supporting consumer grade software that is sold for ~$100 a time indefinitely, including providing full internal technical details to arbitrary additional parties, is a "pretty easy barrier"? I'm sorry, but that is absurd.

    There are people in this discussion suggesting that someone who doesn't want to comply with such rules can go **** themselves and just give up on entering the US market. Well, guess what? They probably would. The burden imposed by this kind of requirement would almost certainly be prohibitive in cost. A vendor such as Microsoft would therefore do better to sacrifice the entire US market if it meant avoiding both an eternal unfunded mandate to support everything they ever sold and giving up their trade secrets to all their competitors.

    There are also people in this discussion pointing out that other industries, such as automotive manufacture, involve a much higher level of safety standards and engineering approval. That is true, but cars typically cost 2-4 orders of magnitude more than commercial off-the-shelf software products, and they have working lifetimes that are probably shorter than Windows XP's 12+ years in many cases. Moreover, the auto manufacturers still aren't required to disclose the keys to the kingdom to the degree that is suggested here.

    I'm all for developing good quality software, and if you're running a long-term software business then I think providing a reasonable degree of free-of-charge support to your existing customers is probably a good investment. But providing heavyweight support has a large cost, so unless you as a customer are willing either to regulate the industry and pay N times as much for your software purchases up-front or to pay the true cost of ongoing support via proper support contracts, I don't think it's realistic to expect that vendors will just cover that cost indefinitely out of their own pockets.

    In fact, in the entire history of software development, that has almost never happened. Apple have released the first version of OS X around the same time as Microsoft released Windows XP, yet Apple have aggressively promoted numerous upgrades, most of which cost a significant amount of money, since that time, and somehow I suspect you'd have trouble getting full support for an original OS X system today. And to put this all in perspective Open Source darlings like Mozilla Firefox have "long term support" releases with lifetimes measured in months, not years. It's actually remarkable that Microsoft have offered free support to Windows XP for as long as they have, despite releasing not one but three successor generations of the product during that period.

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  10. Re:Complete access and indefinite support for free by Anonymous+Brave+Guy · · Score: 4, Interesting

    But two swing out of the realm of opinion, you compare Windows XP to "OpenSource darlings like firefox" whose long-term support is measured in "months, not years". This is a bad comparison.

    Fair enough, though it wasn't really meant as a direct comparison, more an illustration of how much effort is required to support old software for extended periods.

    A better comparison would be Ubuntu LTS which includes firefox and whose support is measured in years not months.

    It is. In fact, the period is now five years for both desktop and server versions.

    Again, just to put that in perspective, Windows 7 (two generations after Windows XP) was released around 4.5 years ago.

    I think it would be a great idea to require Microsoft to "open up" even if it was outside of their interests. Hell if Windows 8 could not compete with community supported open source XP, it still means that people get better software :)

    Well, it would be great, in the short term, for everyone except Microsoft. But who is going to build the next software product that is so successful that almost everyone uses it for nearly a decade in that world?

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    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  11. Doesn't have to be free by sjbe · · Score: 4, Interesting

    Supporting consumer grade software that is sold for ~$100 a time indefinitely, including providing full internal technical details to arbitrary additional parties, is a "pretty easy barrier"? I'm sorry, but that is absurd.

    Microsoft does NOT have to support it indefinitely for free. However there is precisely zero obstacle to them supporting XP on an ongoing basis for a reasonable sum for those interested in paying for such support. Something like $50/year (times a few million users) should more than adequately cover the cost and provide Microsoft a reasonable profit. Microsoft could provide paid support AND make the upgrade path easier by doing so. However Microsoft has chosen to burn that bridge instead in an effort to force people to "upgrade" to software that they clearly are not interested in buying. Since they have elected to go down that route instead of providing paid support, it is reasonable that people are calling for alternatives including open sourcing it. I think a more pragmatic approach would be to sell the supporting XP business to a third party. But if all Microsoft is going to do is take their ball and go home then they can kiss my shiny metal ass.

    Bear in mind that aside from security patches, Microsoft essentially provides ZERO support to most users of XP anyway. Not like I can call them up and get questions answered. Claims that continuing to support XP would be some enormous financial burden on the company are pretty absurd.

    Moreover, the auto manufacturers still aren't required to disclose the keys to the kingdom to the degree that is suggested here.

    Not really true. Almost everything worth protecting product-wise in the auto industry is patented so it is inaccurate to say they haven't disclosed the details. A company like GM could easily make a soup-to-nuts replica of a Toyota if they wanted to. There isn't much technology that is a big secret or that cannot be reverse engineered and the companies that supply it usually supply multiple firms. Software is VERY different than auto manufacturing though software is becoming a bigger piece of the industry as time goes on. (and yes I'm an engineer who has worked in the auto industry for years) The differences between auto companies are mostly in how they are structured and managed. The differences between the products themselves are fairly minor. Most auto companies (like GM and Ford) have supply chains that heavily overlap. An axle for Ford is very likely made in the same plant as an axle for GM and surprisingly often is engineered by many of the same people. My company assembles parts that go into a GM SUV and every component in that assembly we make can be purchased directly by you if you wanted to. (you'd just pay a LOT more than we do)

    1. Re:Doesn't have to be free by Zmobie · · Score: 4, Informative

      Bear in mind that aside from security patches, Microsoft essentially provides ZERO support to most users of XP anyway. Not like I can call them up and get questions answered. Claims that continuing to support XP would be some enormous financial burden on the company are pretty absurd.

      You CLEARLY do not understand how time consuming and costly it is for a company to provide even basic patches for a piece of software. On SMALL SCALE application my company has deployed it is costly to have even one developer have to do this repeatedly (I know because for one of our system I am this guy...). Having repeated interuptions for support calls, entire sets of days that have to be blocked off to patch some bullshit, and a sales department breathing down my neck because the longer this goes on the worse it looks on the company. All the while the 3 other projects I was working on (as the damn lead at that) are getting behind and it is my ass to catch them up.

      It IS an enourmous financial burden, especially when they have to invest in researching the security vulnerabilities because if one is discovered and exploited before they patch it hits them in the court of public opinion (and their sales directly). Upgrading is expensive, yes everyone knows this, but guess what, this happens with every other consumer product on the market today. It is unreasonable for people to expect software companies to do it indefinitely FOR FREE. Even if they could do it with a paid service, they do still have the right to refuse service. Normally I am all for the consumer over the business (because most businesses are cut-throat douches), but what people expect with Windows XP is just insane and they don't apply basic sense to their arguments.