On one hand you get a desktop CPU when maybe this feature wasn't explicitly called out. On the other hand, you get a nice lap warmer just in time for winter. And I bet you didn't think about that when you bought it, did you?
Judge Robert H. Bork, former Appellate Judge and Antitrust Expert
The decision accepts the deeply flawed settlement between Microsoft and the Department of Justice, which does nothing to restore competition to the marketplace or to prevent Microsoft from repeating acts explicitly held by the Court of Appeals to have been illegal.
The net result is that until this decision is overturned on appeal, as I believe it will be, competition will not be restored.
The Court of Appeals clearly prohibited Microsoft's practice of commingling the code of Windows with that of other critical software when there is no benefit, but rather a clear harm, to consumers. This decision fails to remedy this violation of the law, and its reversal seems likely on this point alone.
Never before has there been a case where liability was so thoroughly established, and never before has there been a case where the Justice Department agreed to a remedy that did almost nothing of what the law and the Court of Appeals required. Today's decision represent a substantial abandonment of antitrust law as it applies to one of the most important industries in America. The Department of Justice won at every step of the trial, and then surrendered in the settlement process. To justify this surrender, the Department resorted to disingenuous arguments that it could not be statistically proven that Microsoft's illegal conduct directly caused harm to Netscape. Their post hoc rationale for a flawed settlement has been absurd. We have the corpse of Netscape on the floor, and a whole host of other technologies whose development was stopped because it did not coincide with Microsoft's business plans.
The most disturbing message of all is that sent to nascent technologies and innovators: the Department of Justice will not protect you from predatory monopolists. That is a grave error in economic policy and will have disastrous effects for competition in this and other industries.
Judge Kenneth W. Starr, former U.S. Solicitor General and Appellate Judge
This settlement gives the green light to Microsoft to continue its monopoly practices, a disastrous result for the high-tech industry, which has lived under effective Microsoft control for too many years.
In its unanimous ruling last summer that Microsoft had violated antitrust law, the Court of Appeals stated that the remedy must "terminate the monopoly, deny to Microsoft the fruits of its past statutory violations, and prevent any future anticompetitive activity." This weak settlement clearly fails to meet that standard, and it is my belief that the Judge simply gave too much deference to the Department of Justice, deference that was not warranted given the fact that the remedy proceedings were held after a full and complete trial.
The nine states that refused to accept the Microsoft settlement proved during the remedy hearings that Microsoft's monopoly is stronger than ever and that real remedies are needed. The Attorneys General of these states are to be commended for their courageous defense of consumers, antitrust laws and free-market economy. These AGs fought on because they understood that Microsoft is poised to monopolize the Internet itself, a result made more likely by today's decision.
It is my hope those Attorneys General will continue to fight to seek immediate review of this flawed decision.
Mike Pettit, ProComp President
ProComp is extremely disappointed. This represents a systemic failure of the legal system, a failure to protect consumers, competition, and companies like Netscape whose innovations literally changed the world.
Microsoft has terrorized the industry for more than a decade. Victims of Microsoft's predatory conduct are legion. This was the moment in time when competition could have been restored; that task will be much more difficult in the future. The right case was brought and won resoundingly. Eight federal judges ruled unanimously against Microsoft. And then what happened can only be explained this way: the Bush Justice Department surrendered to Microsoft.
The word has gone forth from the Bush Administration to countless would-be dreamers and tinkerers: we will not protect you when monopolists like Microsoft set out to crush you. It may take a decade to understand just how shortsighted today's decision is.
Microsoft has ostensibly been on its best behavior the past few months while pretending to comply with the DOJ settlement. Even during this time, the degree and nature of their predatory conduct has accelerated. I shudder to think of what this portends for the industry, which is now almost totally regulated by the most powerful monopolist in history.
I still fail to see what the difference is between Dan Gilmor or John Dvorak or Jon Katz. News reporters generally interview more people over the course of the day than a columnist--look at how many sources cited in a typical column, for example. But columnists can express opinions, (U.S.) news reporters can't. That's both the danger and benefit of U.K. news reporting, where a reporter can label something as crap without being considered (unprofessionally) biased.
Again, offering a few songs for download is a great idea and has worked for her, but would she be willing to give away high-quality mp3s of every recording she has ever made? That is what Napster/P2P music sharing is about, and it is about doing so with or without the consent of the writer, the performer, or the producer.
I don't know about you, but searching KaZaA for minor artists like Lita Ford, or even non-pop stars like Ray Charles doesn't turn up "high quality MP3s of every recording (they have) ever made". I might find some of their top hits, but I'd bet that it would be close to impossible to find Janis Ian's entire collection on KaZaA, maybe even major bands like U2.
I had to traverse nearly 75% of the page before discovering the one Slashdotter who recognized the fact that no female gamers wanted to play Tomb Raider was because it sucked. This should have been pointed out long ago, and then we could have all moved on.
"Then, one day, I tried to burn a mix CD on my Mac, and it wouldn't let me. That's when I realized Apple had embraced DRM, and I was screwed out of $1,500."
Don't think that Apple couldn't "switch" any day it wants to, too. Remember how behind the times they were regarding digital music, according to Jobs.
One thing I should add: the way I read the Berman act, hacking/DoS/interdiction/etc. attacks on copyrighted material and illegal attacs on non-copyrighted material are legally separate.
In other words, there is a distinct legal process and considerations for hunting/killing copyrighted material: the copyright holder must notify the Department of Justice about what technology it will use in blocking the work, and there appears to be an opportunity for the file trader to be notified what files are allegedly copyrighted before the copyright hackers move in.
"1) If, pursuant to the authority provided by subsection (a), a copyright owner knowingly and intentionally impairs the distribution, display, performance, or reproduction of a particular computer file or data, and has no reasonable basis to believe that such distribution, display, performance, or reproduction constitutes an infringement of copyright, and an affected file trader suffers economic loss in excess of $250 as a result of the act by the copyright owner, the affected file trader may seek compensation for such economic loss in accordance with the following..." (emphasis added)
Yeah, IANAL, but still, spoofing could bog down the network, which could interfere with the trading of legitimate files (class action lawsuit opprtunity). Or, if interdiction were applied (sucking up all your outbound file connections) it could be argued that that would also prevent legitimate files from being shared.
So once you violate this, you move to the penalty track, where a copyright holder must submit a claim with Justice and try to get compensation.
"The KDE desktop looks and feels like Windows, with a few exceptions. You have to double-click an icon on the desktop to get it to open, but only single-click an icon in the toolbar to get the same result."
Um, this is exactly what you have to do in Windows, n'est-ce pas?
The ZD sites also have more on this story. Some more details of interdiction and spoofing are discussed, along with comments from the representatives who actually asked the questions. Zoe Lofgren (representing Silicon Valley) actually seemed to know what she was talking about.
And who exactly are these "early adapters (sic)" who want to pay to share files? Isn't this the way the Mafia does business?
"Sure, you can bring in as many caes of liquor/kilos of coke/hookers that you want, Vinnie. Just make sure Uncle Don gets his share, you know what I'm sayin'?"
As a (Northern) Californian, I have to say I'm scared at the completely banal uses to which stem research will undoubtedly be applied. Already we've got a mild toxin (Botox) being used routinely at parties to smooth out wrinkles in middle-aged women.
Are we too far off from a day when Hollywood millionaires will keep a stockpile of organs on hand to replace when necessary? When months at the Betty Ford Clinic is replaced by a few whacks of a scalpel to replace a burnt-out liver?
I'm well aware that this is a rather reactionary response, and I'll stop hyperventilating now. But I still can't help feeling deeply cynical when I flip the page from the tiny amount of space newspapers provide for hard science articles to the massive amounts of space devoted to celebrity, entertainment, fashion, and beauty.
Ever since we went public in May, our stock price has consistently dropped to what is now an all-time low. You know, you'd have an interesting story if you compared "old-school" methods of distribution to Internet file-sharing and piracy! We'd be happy to provide any executive comment you'll need.
I find it interesting that Microsoft is apparently developing a dedicated DRM server. Given the trend towards integration, at least on the hardware side, it seems that new functions are developed as standalone devices first, and then integrated in subsequent products. I don't know if this is traditionally done on the software side, too.
However, I believe it's a logical assumption that Microsoft assumes all software should be DRMed to some extent. (In other words, that DRM could become a "feature" of >NET or subsequent OS platforms.) It seems that this DRM server is a test vehicle in many ways: from a legal, product and security (can it be hacked?) standpoint.
From my visits to the big island of Hawaii, my experience has been that getting CLOSE to the damn lava is the hard part. I can imagine that molten lava at 2,000 degrees might cause air temperatures of oh, 300 degrees or so nearby. It might not be a problem if the lava was downwind, but a nice gust of superheated air would cook you, too, I should think.
And what kind of a shovel is he using?
Duplicate stories on the front page! Why not just solicit readers to Paypal money? Yeesh.
Nifty preview video at Wal-Mart site
on
An R2 Of Your Own
·
· Score: 1
Complete with 50's-style announcer assuring you that "every kid in the galaxy will want one". The video offers a pretty detailed look at the droid's capabilities, including sound effects.
Here's a direct link to the R2 site on Wal-Mart: (http://www.walmart.com/catalog/product.gsp?produc t_id=1819726)
The video's in a link on the middle of the page.
A thread about caffeine posted at 9:35 AM the last day of LinuxWorld...who's gonna be awake to read it?
Seems a bit over-hyped...big surprise, eh?
on
MIT vs. Las Vegas
·
· Score: 1
From the boilerplate:
"Adapted from Bringing Down the House: The Inside Story of Six MIT Students Who Took Vegas for Millions, to be published in October. Ben Mezrich wrote six novels before turning to nonfiction."
The robot merely trundles about, (passively) sniffing out hot spots. The "inkjet" technology is a totally different application, suitable for chips ONLY... It's a two-pronged effort.
For my money, if you _are_ going to play PC pinball, the only game in town is the now-defunct Pro Pinball series (you can still find them in the bargain bin at Empire Interactive in the U.K.--like $15 a pop.) I can't say that all of the four tables are good (I couldn't get The Web to work under XP (lol!) but Big Race USA is quite good. Timeshock! is excellent--drop targets, video mode, some ramps, etc.--and the score is excellent.
Otherwise, I really liked the Jurassic Park and (original) Star Wars table. Episode I, of course, was crap.
Slashdot Mirror
The nick should give you a hint :). Call it raw data for the Slashdot crowd.
(You can see this one walking up Broadway, can't you?)
Well, of course it's slow. Slashdot's being Slashdotted, obviously.
Seems fair to me :)
Judge Robert H. Bork, former Appellate Judge and Antitrust Expert
The decision accepts the deeply flawed settlement between Microsoft and the Department of Justice, which does nothing to restore competition to the marketplace or to prevent Microsoft from repeating acts explicitly held by the Court of Appeals to have been illegal.
The net result is that until this decision is overturned on appeal, as I believe it will be, competition will not be restored.
The Court of Appeals clearly prohibited Microsoft's practice of commingling the code of Windows with that of other critical software when there is no
benefit, but rather a clear harm, to consumers. This decision fails to
remedy this violation of the law, and its reversal seems likely on this point alone.
Never before has there been a case where liability was so thoroughly established, and never before has there been a case where the Justice Department agreed to a remedy that did almost nothing of what the law and the Court of Appeals required. Today's decision represent a substantial abandonment of antitrust law as it applies to one of the most important industries in America. The Department of Justice won at every step of the trial, and then surrendered in the settlement process. To justify this surrender, the Department resorted to disingenuous arguments that it could not be statistically proven that Microsoft's illegal conduct directly caused harm to Netscape. Their post hoc rationale for a flawed settlement has been absurd. We have the corpse of Netscape on the floor, and a whole host of other technologies whose development was stopped because it did not coincide with Microsoft's business plans.
The most disturbing message of all is that sent to nascent technologies and
innovators: the Department of Justice will not protect you from predatory monopolists. That is a grave error in economic policy and will have disastrous effects for competition in this and other industries.
Judge Kenneth W. Starr, former U.S. Solicitor General and Appellate Judge
This settlement gives the green light to Microsoft to continue its monopoly practices, a disastrous result for the high-tech industry, which has lived under effective Microsoft control for too many years.
In its unanimous ruling last summer that Microsoft had violated antitrust law, the Court of Appeals stated that the remedy must "terminate the monopoly, deny to Microsoft the fruits of its past statutory violations, and prevent any future anticompetitive activity." This weak settlement clearly fails to meet that standard, and it is my belief that the Judge simply gave too much deference to the Department of Justice, deference that was not warranted given the fact that the remedy proceedings were held after a full and complete trial.
The nine states that refused to accept the Microsoft settlement proved during the remedy hearings that Microsoft's monopoly is stronger than ever and that real remedies are needed. The Attorneys General of these states are to be commended for their courageous defense of consumers, antitrust laws and free-market economy. These AGs fought on because they understood that Microsoft is poised to monopolize the Internet itself, a result made more likely by today's decision.
It is my hope those Attorneys General will continue to fight to seek immediate review of this flawed decision.
Mike Pettit, ProComp President
ProComp is extremely disappointed. This represents a systemic failure of the legal system, a failure to protect consumers, competition, and companies like Netscape whose innovations literally changed the world.
Microsoft has terrorized the industry for more than a decade. Victims of Microsoft's predatory conduct are legion. This was the moment in time when competition could have been restored; that task will be much more difficult in the future. The right case was brought and won resoundingly. Eight
federal judges ruled unanimously against Microsoft. And then what
happened can only be explained this way: the Bush Justice Department surrendered to Microsoft.
The word has gone forth from the Bush Administration to countless would-be dreamers and tinkerers: we will not protect you when monopolists like Microsoft set out to crush you. It may take a decade to understand just how shortsighted today's decision is.
Microsoft has ostensibly been on its best behavior the past few months while pretending to comply with the DOJ settlement. Even during this time, the degree and nature of their predatory conduct has accelerated. I shudder to think of what this portends for the industry, which is now almost totally regulated by the most powerful monopolist in history.
I still fail to see what the difference is between Dan Gilmor or John Dvorak or Jon Katz. News reporters generally interview more people over the course of the day than a columnist--look at how many sources cited in a typical column, for example. But columnists can express opinions, (U.S.) news reporters can't. That's both the danger and benefit of U.K. news reporting, where a reporter can label something as crap without being considered (unprofessionally) biased.
I don't know about you, but searching KaZaA for minor artists like Lita Ford, or even non-pop stars like Ray Charles doesn't turn up "high quality MP3s of every recording (they have) ever made". I might find some of their top hits, but I'd bet that it would be close to impossible to find Janis Ian's entire collection on KaZaA, maybe even major bands like U2.
I had to traverse nearly 75% of the page before discovering the one Slashdotter who recognized the fact that no female gamers wanted to play Tomb Raider was because it sucked. This should have been pointed out long ago, and then we could have all moved on.
I second the motion. Who tacked this on?
"Then, one day, I tried to burn a mix CD on my Mac, and it wouldn't let me. That's when I realized Apple had embraced DRM, and I was screwed out of $1,500."
Don't think that Apple couldn't "switch" any day it wants to, too. Remember how behind the times they were regarding digital music, according to Jobs.
I occasionally will hear hard drive chatter, but any sort of stock case/MPU fan drowns it out.
In other words, there is a distinct legal process and considerations for hunting/killing copyrighted material: the copyright holder must notify the Department of Justice about what technology it will use in blocking the work, and there appears to be an opportunity for the file trader to be notified what files are allegedly copyrighted before the copyright hackers move in.
My point centers in the language of the bill:
"1) If, pursuant to the authority provided by subsection (a), a copyright owner knowingly and intentionally impairs the distribution, display, performance, or reproduction of a particular computer file or data, and has no reasonable basis to believe that such distribution, display, performance, or reproduction constitutes an infringement of copyright, and an affected file trader suffers economic loss in excess of $250 as a result of the act by the copyright owner, the affected file trader may seek compensation for such economic loss in accordance with the following..." (emphasis added)
Yeah, IANAL, but still, spoofing could bog down the network, which could interfere with the trading of legitimate files (class action lawsuit opprtunity). Or, if interdiction were applied (sucking up all your outbound file connections) it could be argued that that would also prevent legitimate files from being shared.
So once you violate this, you move to the penalty track, where a copyright holder must submit a claim with Justice and try to get compensation.
Something to think about.
"The KDE desktop looks and feels like Windows, with a few exceptions. You have to double-click an icon on the desktop to get it to open, but only single-click an icon in the toolbar to get the same result." Um, this is exactly what you have to do in Windows, n'est-ce pas?
The ZD sites also have more on this story. Some more details of interdiction and spoofing are discussed, along with comments from the representatives who actually asked the questions. Zoe Lofgren (representing Silicon Valley) actually seemed to know what she was talking about.
I think that most engineers would happily jump into a box if it said "Krispy Kreme" on the side. But that's just me. :)
And who exactly are these "early adapters (sic)" who want to pay to share files? Isn't this the way the Mafia does business? "Sure, you can bring in as many caes of liquor/kilos of coke/hookers that you want, Vinnie. Just make sure Uncle Don gets his share, you know what I'm sayin'?"
Are we too far off from a day when Hollywood millionaires will keep a stockpile of organs on hand to replace when necessary? When months at the Betty Ford Clinic is replaced by a few whacks of a scalpel to replace a burnt-out liver?
I'm well aware that this is a rather reactionary response, and I'll stop hyperventilating now. But I still can't help feeling deeply cynical when I flip the page from the tiny amount of space newspapers provide for hard science articles to the massive amounts of space devoted to celebrity, entertainment, fashion, and beauty.
Sincerely, Netflix PR
I find it interesting that Microsoft is apparently developing a dedicated DRM server. Given the trend towards integration, at least on the hardware side, it seems that new functions are developed as standalone devices first, and then integrated in subsequent products. I don't know if this is traditionally done on the software side, too.
However, I believe it's a logical assumption that Microsoft assumes all software should be DRMed to some extent. (In other words, that DRM could become a "feature" of >NET or subsequent OS platforms.) It seems that this DRM server is a test vehicle in many ways: from a legal, product and security (can it be hacked?) standpoint.
From my visits to the big island of Hawaii, my experience has been that getting CLOSE to the damn lava is the hard part. I can imagine that molten lava at 2,000 degrees might cause air temperatures of oh, 300 degrees or so nearby. It might not be a problem if the lava was downwind, but a nice gust of superheated air would cook you, too, I should think. And what kind of a shovel is he using?
Duplicate stories on the front page! Why not just solicit readers to Paypal money? Yeesh.
Complete with 50's-style announcer assuring you that "every kid in the galaxy will want one". The video offers a pretty detailed look at the droid's capabilities, including sound effects. Here's a direct link to the R2 site on Wal-Mart: (http://www.walmart.com/catalog/product.gsp?produc t_id=1819726)
The video's in a link on the middle of the page.
A thread about caffeine posted at 9:35 AM the last day of LinuxWorld...who's gonna be awake to read it?
From the boilerplate:
"Adapted from Bringing Down the House: The Inside Story of Six MIT Students Who Took Vegas for Millions, to be published in October. Ben Mezrich wrote six novels before turning to nonfiction."
Seems like old habits are hard to break...
The robot merely trundles about, (passively) sniffing out hot spots. The "inkjet" technology is a totally different application, suitable for chips ONLY... It's a two-pronged effort.
For my money, if you _are_ going to play PC pinball, the only game in town is the now-defunct Pro Pinball series (you can still find them in the bargain bin at Empire Interactive in the U.K.--like $15 a pop.) I can't say that all of the four tables are good (I couldn't get The Web to work under XP (lol!) but Big Race USA is quite good. Timeshock! is excellent--drop targets, video mode, some ramps, etc.--and the score is excellent.
Otherwise, I really liked the Jurassic Park and (original) Star Wars table. Episode I, of course, was crap.