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West Virginia Joins Massachusetts in MS Appeal Bid 385

diwolf writes "West Virginia is seeking to join Massachusetts in appealing a U.S. District Court decision that rejected a tough antitrust remedy sought by nine states in the Microsoft Corp. antitrust case. This is also being reported at CNN and ZDNet."
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West Virginia Joins Massachusetts in MS Appeal Bid

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  • Alright! (Score:5, Funny)

    by KristsInferno ( 630282 ) on Monday December 02, 2002 @08:36PM (#4798204)
    I was hoping someone else would have some balls. #3? Anyone?
    • Re:Alright! (Score:2, Insightful)

      Someone mod this guy back up to at least 1 if he's not back there already by the time I finish writing this....

      If I had modpoints today, I'd undamage this one, currently at 0. Whether I agree with the comment or not, it's a valid sentiment for someone to express (that going against the flow, against both the government and a very successful corporation, takes guts) and didn't deserve to be modded down.

      On another note, KI, last I heard all the other states had signed on... WV was the last of the "uncommitted" to be choosing a side. So I doubt there will be a "#3".
      --
      * Helen *
  • Hrm... (Score:5, Insightful)

    by flewp ( 458359 ) on Monday December 02, 2002 @08:40PM (#4798221)
    While I'm not that sure how much good it is going to do, it is good to see them at least continuing the fight. If more states continue to join in on the appeal, it may gain some weight.

    West Virginia and the other non-settling states had argued that Microsoft should be required to sell versions of Windows without a Web browser, music player and other software to make room for competing products.

    On the other hand though, how hard would it be for Microsoft to just give the option upon install of not installing these components? Would it be worth MS's time and money (in terms of legal costs, etc) to give this option? Though I'm sure they're more than willing to spend the money to keep their products on as many PC's as possible
    • Re:Hrm... (Score:3, Interesting)

      by Anonymous Coward
      You underestimate the testing cost of doing this. (Surprise, surprise) Microsoft has to test every configuration it supports before it can ship the product. Adding a series of options multiplies the test matrix several times.
      • Re:Hrm... (Score:3, Interesting)

        by flewp ( 458359 )
        While that is true, my point was simply would it be cheaper overall to just implement these options than face the court and legal fees, or would they be willing to keep paying the legal fees (if it is more expensive) in order to keep the components in place.
        • Re:Hrm... (Score:2, Interesting)

          Except that it's more than likely that they have some number of lawyers on payroll as well as expected court costs, so it's an already budgeted cost, where as any unexpected testing and engineering is probably not. Not that I have any clue how it actually works in the real world... I've got 2 dollars and a coupon for applesauce in my wallet right now.
        • The nice thing about lawyers in this case is that a small mistake made in a lawyers case doesn't really hurt the overal product, however in software that isn't true. I'd rather have a lawyer whine a lot than have to test NxNxNxN... extra test cases myself...
      • Re:Hrm... (Score:3, Interesting)

        by RAMMS+EIN ( 578166 )
        `` You underestimate the testing cost of doing this. (Surprise, surprise) Microsoft has to test every configuration it supports before it can ship the product. Adding a series of options multiplies the test matrix several times.''
        If this is true, M$ have themselves to blame for it. If they had designed and built their software cleanly, they could test everything seperataly and be done with it. If instead, the whole of Windows, Internet Explorer, and whatever else they ship on the CD is a big interdependence nightmare (which apparently it is), then, indeed, they have to test all possible combinations.

        A well-designed and well-implemented operating system works with a web browser, without a web browser, and with a broken web browser. Similarly for any other application. Seperation of system and applications, people!
        • Re:Hrm... (Score:3, Insightful)

          by N3WBI3 ( 595976 )
          I am usually the last one to rush to MS defence, but the grandparent of this post is right. When you are selling a product you need to do as much testing as possible no matter how good you think it is.

          While you are right about when you say "A well-designed and well-implemented operating system works with a web browser, without a web browser, and with a broken web browser. Similarly for any other application. Seperation of system and applications, people!" you would be lying if you told me you would package a Linux distro and not test the installiations of all the products you put in it.

          If MS put together a OS "the right way" and did not test some options we would be complaining about their QA process...

    • Re:Hrm... (Score:5, Funny)

      by Zeinfeld ( 263942 ) on Monday December 02, 2002 @09:51PM (#4798609) Homepage
      On the other hand though, how hard would it be for Microsoft to just give the option upon install of not installing these components?

      I suggested to Bill's people that they produce a version of Windows called Windows DS (Dissenting States) Edition. This would be exactly the same as normal XP except that the media player, browser etc shells would not be there (but the dlls they access would be since they are pretty fundamental).

      My guess is that absolutely noone would buy it since the idea of getting half a loaf was never something the consumers were demanding, it was the software houses.

      No response yet on that one, although Bill did tell me in an email that in a move to demonstrate his appretiation of the open source movement, Melinda is going to cook a penguin for Christmass dinner.

    • Easy but... (Score:3, Insightful)

      by MacAndrew ( 463832 )
      Microsoft could offer a selective install option like, say, Apple does, but it doesn't want to. I refuse to believe there are serious technical obstacles -- even if they can't extirpate all of, say, the browser code, all they have to do it sabotage access to it. Why would anyone do this is they didn't at least save disk space? Well, they wouldn't, but Microsoft doesn't wan to give up even this much control, and worried what vendors who preinstall the OS might do.

      MS (correctly) perceives that it is doomed if it does not branch out into newer and different industries from its stalwart OS. It is not enough to keep its OS's on as many machines as possible, because its monopoly will not hold forever, and when it breaks so will their profit margins. The Web caught it off-guard; now it thinks it can conquer it. The easiest and most familiar way to do so is to bootstrap via the OS advantage. Hence its aggressive efforts to slot IE into everyone's desktop including Apple's (which seems to have gone away now).

      Also, MS has for years now used a scorched earth policy towards any competitor. It viewed the government as just another opponent. Its recent recent experience appears to be making it less arrogant and more political. There was even an NYT magazine article on the kinder, gentler Steve Ballmer.
  • by Frederique Coq-Bloqu ( 628621 ) on Monday December 02, 2002 @08:40PM (#4798223) Journal
    And I know some people hate it when it happens, but I must point out the obvious spelling error in the title. It's one of the first things a reader sees and shouldn't be there. The word is correctly spelled 'Massachusetts'. Thanks timothy.
  • Its good to see (Score:2, Interesting)

    by jpt.d ( 444929 )
    that Microsoft doesn't have them bought. The wheels of justice are too slow and corrupt. I have heard (no proof, just rumour - you guys might know where this was) that GWB specifically ordered the Justice Dept to not seek splitting the company up. If this is true it shows that GWB was bought (he is bad anyways) and that he has far too much power. A president should have nothing to do with the wheels of justice. Justice should also be a lot swifter than this. That Microsoft case should have been over in at least 6 months.
    • Re:Its good to see (Score:5, Insightful)

      by Planesdragon ( 210349 ) <slashdot&castlesteelstone,us> on Monday December 02, 2002 @08:50PM (#4798279) Homepage Journal
      .A president should have nothing to do with the wheels of justice.

      Wrong. Executives across the country are empowered with discharging mercy where due--a breakup is a death sentence for a corporation, and Bush would be in his right to give MS a pardon to avert their breakup if he felt it was good for the country. That's his call, and if we don't like it we can pick someone else in two years.

      Justice should also be a lot swifter than this. That Microsoft case should have been over in at least 6 months.

      Yes, it should have. Jackson should have mentioned future versions in his original consent decree way back when, he should have kept his mouth shut so his original antitrust ruling could stand, and President Bush should have left the extant prosecution stay on to finish the re-trial.

      • No, a breakup is not the death sentence for a company, dissolventecy(sp?) is.
        A break would be a good thing, if you think about it, it forces more competition, innovation, and everything else that is sorely needed in this industry.
      • Re:Its good to see (Score:4, Interesting)

        by radicalsubversiv ( 558571 ) <michael.sherrards@org> on Monday December 02, 2002 @09:22PM (#4798467) Homepage Journal
        That's his call, and if we don't like it we can pick someone else in two years.

        That's how it's supposed to work, at least.

        The reality is that we're not going to get the option to elect a president who stands for rigorous enforcement of anti-trust laws, because such a candidate would have great difficulty raising money from business interests who aren't particularly fond of such laws.

        Of course, probably the only reason we ever saw an anti-trust case brought against Microsoft to begin with was that Gates & co. hadn't wised up to the need to make generous campaign contributions. With $4.6 million in contributions in the 2000 cycle [opensecrets.org], I'd say they've now figured things out, and the DoJ's antitrust division can now go back to sleep.
      • by parliboy ( 233658 ) <[parliboy] [at] [gmail.com]> on Monday December 02, 2002 @09:30PM (#4798504) Homepage
        Bush pardoning a death sentence? Well, that's something you don't see everyday.
        • Bush pardoning a death sentence? Well, that's something you don't see everyday.

          That's something you don't see ever. Especially in Texas.

          Reality check: No death penalty was in the offing; this isn't even a criminal prosecution; and the only thing really at stake was Bill Gates's shot at becoming the first trillionaire. If Microsoft had been divided into software and OS divisions, does anyone seriously think that either BabySoft would have failed? Or that the quality of their products would have declined? (MS haters: substitute could for would.)

          President Bush comes from a political philosophy that is anti-antitrust. It's pretty simple.
      • Re:Its good to see (Score:4, Insightful)

        by El ( 94934 ) on Monday December 02, 2002 @09:30PM (#4798508)
        breakup is a death sentence for a corporation

        Just look at how quickly AT&T went out of business after it was broken up...

        Do you have any evidence to support this opinion? Certainly Micro$oft applications would be more successful if they weren't forbidden from supporting other platforms in order to prop up the Windows monopoly. In my opinion, a breakup would be good for for innovation, shareholders, for employees, and for customers. The only thing it would be bad for is Bill's ego. What proof can you show me that the combined revenues of the separate companies wouldn't be greater than Micro$oft's current revenues?

        • What proof can you show me that the combined revenues of the separate companies wouldn't be greater than Micro$oft's current revenues?

          Well, without a monopoly Windows would have to be priced competitively. So the O/S division's profits would definitely suffer from a breakup.
      • by Waffle Iron ( 339739 ) on Monday December 02, 2002 @09:35PM (#4798535)
        Executives across the country are empowered with discharging mercy where due--a breakup is a death sentence for a corporation,

        LOL. There's a couple of hundred guys down in Texas you can ask about W's sense of mercy when it comes to death sentences. Oh wait... you can't ask them any more.

        Well, at least he's found it in his heart to spare poor Microsoft. All is forgiven. Go forth and sin no more.

      • Re:Its good to see (Score:5, Insightful)

        by SethJohnson ( 112166 ) on Monday December 02, 2002 @09:56PM (#4798630) Homepage Journal


        ...a breakup is a death sentence for a corporation

        [COUGH]...[COUGH] AT&T [COUGH]

        And how much are you paying for long distance these days?!
        • And how much are you paying for long distance these days?!

          And how much are you paying for local service these days?! (We're seeing local competition, finally.)

          I don't think I came out ahead, and now we have all these annoying ads for long-distance service and 1-800 alternatives. (On the bright side, Carrot Top [carrottop.com] has found gainful employment.)

          But yeah, breaking up the Death Star was probably good for the economy. Yippee. ;-)
  • Where's Virginia? (Score:4, Interesting)

    by swordboy ( 472941 ) on Monday December 02, 2002 @08:43PM (#4798242) Journal
    You'd think that Virginia would want a piece of them too... [linuxworld.com]
  • Who benefits? (Score:3, Interesting)

    by targo ( 409974 ) <[moc.liamtoh] [ta] [t_ograt]> on Monday December 02, 2002 @08:46PM (#4798250) Homepage
    I have to ask: who would actually be interested in pursuing this case?
    It is quite clear that there will be no noteworthy changes to the original settlement, so any interested parties (mostly Microsoft's competitors) don't have anything to gain. It is also quite clear that the main loser is going to be the taxpayer. So who is the winner of this case (other than the army of lawyers)?
    The answer is that a bunch of people (e.g. the attorney generals of these states) gain some free press and cheap popularity from the ongoing coverage of the case. The important thing to notice is that the case itself is absolutely irrelevant, these people would attach themselves to any other high-profile case just as quickly.
    So don't ever think this is about "freedom" or any other nice ideas, it's only about buying votes and personal agendas.
    • Re:Who benefits? (Score:5, Informative)

      by Planesdragon ( 210349 ) <slashdot&castlesteelstone,us> on Monday December 02, 2002 @08:53PM (#4798293) Homepage Journal
      It is quite clear that there will be no noteworthy changes to the original settlement

      No, it isn't. When both higher courts toss it out, THEN it'll be clear. Until then, its' worth pursuing.

      It is also quite clear that the main loser is going to be the taxpayer.

      The lawyers pursuing the case the government lawyers paid a salary, not hourly wages. The taxpayers don't pay much extra by pursuing this case... and since MS has to reimburse the legal expenses of the government at market rate, the taxpayers will, if anything, MAKE money.
      • lawyer fees (Score:4, Informative)

        by MacAndrew ( 463832 ) on Monday December 02, 2002 @10:33PM (#4798796) Homepage
        Last I heard, the states had $25 million to divvy up. California I believe had the largest share of expenses.

        So Microsoft pays. It's a win-win, ha-ha. I doubt the states will be reimbursed more than actual costs. I also assume/hope the law has some safety valve against nonsense prolongation of the litigation, but this appeal sounds meritorious if doomed.

        (And, it should be noted, an appeal costs peanuts compared to the $25 million -- tens of thousands, maybe. I'm sure Microsoft doesn't mind, they want to be sure this is done right.)
    • Re:Who benefits? (Score:2, Insightful)

      by Lokist ( 596852 )
      Yes but a fight is still a fight no matter the size. Remember what they say about business... 1 good thing may result in a couple people knowing... but 1 bad thing could result in 12 people knowing...Any kind of information about anti-trust that is brought to the press is a step in the right direction. We don't have to "win"... All we have to do is use the media to let the end users out there know what is going on... People (over all) are not stupid...They know when they are being scammed or not... If uncle Jim down the street keeps seeing news about Microsoft and security issues...or learns that Microsoft just changed some licence agreements around and he may have to pay an extra $100.00 (an example only) for his next upgrade...He will think twice... It all works in our (open source community) favor one way or another... I guess its just a matter of how you look at it...
    • we all do (Score:3, Insightful)

      by g4dget ( 579145 )
      It is quite clear that there will be no noteworthy changes to the original settlement, so any interested parties (mostly Microsoft's competitors) don't have anything to gain.

      A loss doesn't look good; the attorneys general that are pursuing this case wouldn't waste time on if if they thought they didn't have a chance to win it.

      The real question is why the other states aren't pursuing it further. I suspect that's because of heavy lobbying and "campaign donations" by Microsoft, convincing politicians that what's good for Microsoft is good for the country.

    • by g4dget ( 579145 ) on Monday December 02, 2002 @10:47PM (#4798857)
      It's worth pointing out that even just the legal scrutiny often causes companies to change their business practices profoundly.

      For example, there was never really a decisive victory against IBM, but the decade of ongoing legal scrutiny caused IBM to change their business practices greatly, in many areas. As a specific example, the fact that the PC is a fairly open architecture is a result of such legal efforts: IBM only outsourced the PC operating system to Microsoft because they were afraid that bundling hardware and software would get them dragged into court again.

      While this created another monopoly in the form of Microsoft, the overall outcome was still better than the alternative, a closed, all-IBM solution. The fact that the PC software was separate from IBM hardware allowed a third party hardware market to flourish and indirectly made software like Linux possible.

      So, nibbling away legally at monopolists like IBM and Microsoft does produce long-term benefits, even if such efforts fail to produce groundbreaking short-term victories. The efforts against IBM opened up the PC hardware/software platform, and similar long-term efforts against Microsoft may kill the Microsoft monopoly as well.

      And there are indications that Microsoft is changing subtly under this pressure already. But the point is: the longer the legal pressure is on them, the more they will change. This is not the time to lean back and say "oh, we'll just stick with this little settlement". It is on-going lawsuits, not some signature under a settlement, that ultimately keeps companies like Microsoft in check.

  • by TooTrueTroubs ( 630665 ) on Monday December 02, 2002 @08:46PM (#4798254)
    The point the states are making is valid - MS broke the law. There should be penalties irrespective of whether or not there's even a market left to protect.

    The simple fact is that MS has driven many of it's competitors underground, and it's too late to save them. That doesn't mean they should get away with it.

    But then neither should the law be used in a way that allows other companies an anti-competitive edge over MS.

    Who knows what technological innovations are around the corner? It's important that these type of laws be enforced, but even more importantly, that they are tested and utilised, so that when this starts to happen with the Next Big Thing, we can act in a reasonable amount of time.

    • "The simple fact is that MS has driven many of it's competitors underground, and it's too late to save them. That doesn't mean they should get away with it."

      The problem is that it's not entirely clear whether MS 'drove them into the ground' illegally or not. Noone's doubting that MS did some shitty stuff that they should most definitely be punished for, but the flip side is that they also make really useful software. Did Netscape lose to MS because they couldn't bundle it with Windows, or did they lose because IE was just plain a better browser?

      Frankly, I think it's time for everybody to move on. The damage is done, we might as well let MS move on. With today's economy, we need new stuff like TabletPCs. Focus on boosting the market instead of drawing blood on MS.
      • by Kwil ( 53679 ) on Monday December 02, 2002 @09:23PM (#4798470)
        The damage is done, we might as well let MS move on.

        Nice philosophy.

        Let's apply this same logic to Enron, WorldComm, and the next Jeffrey Dahmer while we're at it.

        I will agree that it is not entirely clear whether MS's illegal practices were the primary culprit or Netscape's poor software, however, that still doesn't mean that there should be no punishment at all - which is effectively what the current settlement is. It's a settlement whereby Microsoft has basically agreed to obey all the laws that it should have been obeying (but didn't) in the first place.
        • The damage is done, we might as well let MS move on.

          I believe I saw a trial about a rapist used the similar approach to defend.

          The difference is MS getting away with its crime.
      • The problem is that it's not entirely clear whether MS 'drove them into the ground' illegally or not.

        That's not so. Read the findings of fact and see how Microsoft drove IBM out of the PC operating system market by refusing to license Windows to them if they continued selling OS/2, drove Netscape into the ground with various exclusionary tactics, and forced Apple to do their bidding by threatening to withdraw MS Office for the Mac. These facts are not in dispute.
  • Reasons? (Score:4, Insightful)

    by BWJones ( 18351 ) on Monday December 02, 2002 @08:48PM (#4798264) Homepage Journal
    I first heard this on NPR and I have mixed feelings about W.Virginia's joining this. First off, the comment that they feel Microsoft should not benefit monetarily from the illegal maintenance of the monopoly troubles me as it is pretty transparent they see this as a way to get money for the state. This is not the way to go folks. Rather than spend the money to litigate this thing (which Microsoft has already bought their way out of), why not simply decide to not purchase software from Microsoft and spend the money in your schools and government on other solutions such as Linux and OS X? If they feel they must absolutely litigate this thing again, then don't go after the money. Instead, go after solutions that will benefit the consumers nation/world wide. Solutions like opening source code and forcing Microsoft to offer Windows in an unintegrated fashion.

  • If you want to know who is most likely to come out ahead, just follow the money.

    I mean, who has more money to throw at the case, M$ or the 9 states?

    (I'm too lazy to research it, so I'll just make my own assumptions and keep an eye on M$ stock prices...)

  • 7 of 9?? (Score:4, Funny)

    by Ian Peon ( 232360 ) <ianNO@SPAMepperson.com> on Monday December 02, 2002 @08:49PM (#4798273)
    On Friday, seven of those states, including California, announced they wouldn't appeal her decision but would focus their efforts on enforcement of the settlement.


    Hmmm... so 7 of 9 is handling enforcement? Borg fighting Borg... didn't I already see that episode?
  • by Alien54 ( 180860 ) on Monday December 02, 2002 @08:54PM (#4798299) Journal
    As seen in this report on the Register [theregister.co.uk], Microsoft Sales Reps have even gone so far as to offer FREE Windows server software licenses to companies considering the move to Open Source.

    Of Course, they have confused Free (as is speech) Software with free (as in beer) software, and didn't always realise that Linux is not the only free software out there.

    and note: they didn't save the sale for Microsoft.

    • by Anonymous Coward on Monday December 02, 2002 @09:27PM (#4798486)
      Met his quarterly sales quota in his first three weeks - thereby pissing off everyone in the office. Since he had already make big bucks riding Oracle to the top, he quickly bolted. He said

      1. M$ is scared shitless of Linux. They have no real strategy to deal with something that even they know is more stable and secure, and know they can't compete on price.

      2. Win XP and M$'s licensing went over with customers even worse than what you read - even here. M$ kept a tight lid on how badly Win XP cratered in the corporate world.

      3. M$ rank-and-file are a bunch of arrogant asswipes who think big corporations and gov't have no choice but to buy M$

      • "1. M$ is scared shitless of Linux. They have no real strategy to deal with something that even they know is more stable and secure, and know they can't compete on price."

        While MS costs more to "buy", linux I'd say costs more to install. Almost anyone can setup and use a MS windows platform. Compariatively noone can install and use a linux distro. Ask some business student to install Apache [when they aren't that computer literal to begin with] is fun :-)

        The rest of your post is fairly typical of MS-hate speak.

        Tom
  • MS == Clones (Score:3, Insightful)

    by MisanthropicProggram ( 597526 ) on Monday December 02, 2002 @08:57PM (#4798313)
    I'm going to get moderated as a Troll for this, but what the hell!

    Remember when a decent PC cost at least $4000 (US)? Then came the clones and we were able to get a PC for about $2000. After the clones came into their own, the prices just started free-falling. The reason was that IBM couldn't keep their own monopoly on PCs and charge whatever THEY wanted too - and you can bet that they wanted too! Look at Apple. They had control of everything to do with their machines and they insisted on gouging their customers. It wasn't until recently that they decided to price their machines in line with the rest of their (PC) market. Yes, they have a superior design, blah, blah, blah,... But when it comes down to it, their design wasn't worth the premium that they used to charge - sorry Mac folks.

    MS turned the PC market into a commodity market. Since MS wanted to grow/keep their monopoly, they charged pretty damned cheap in my book.

    What I'm trying to say is ... here it comes ... that if it weren't for MS, we would still be paying an arm and a leg for PCs.

    For the record, I'm a Linux Luver

    • Re:MS == Clones (Score:5, Insightful)

      by Anonymous Coward on Monday December 02, 2002 @09:11PM (#4798404)
      When PC's cost $4000 Windows cost $100. Now that comodity PC costs ~$800 Windows still costs $100.
      If there was competition in software as there is in hardware Microsoft would have had to bring their price down. If Microsoft gets their long-dreamed-of 100% market share and no piracy, do you really thnk that they'll keep their price at $100?

      Not likely.
      • When PC's cost $4000 Windows cost $100. Now that comodity PC costs ~$800 Windows still costs $100. If there was competition in software as there is in hardware Microsoft would have had to bring their price down.

        Or add a lot more to the product which is exactly what they did, unless you have the quaint belief that there is absolutely no difference between MSDOS and Windows.

        Measured by features Windows is pretty cheap. And expect the price of Windows to start to decline as PCs drop further in price. The OEM price of windows is much less than the retail box price already. Microsoft is already seeing erosion in its prices as good mainstream PCs are now available at the $750 mark and discount models are $500 or less.

      • 1. The costs involved in manufacturing hardware are very different from the costs in manufacturing software. Considering how much more complexity and how many more features operating systems have than they did in the past (browsers, media players, TCP/IP stacks, etc. all used to be separate purchases), current prices aren't especially high.

        2. As long as OS X is selling, as an upgrade (there are, after all, no "full versions" of OS X because you have to have purchased it with hardware) at $129 and RedHat Professional is selling at $149, $99-$199 upgrades for Windows (which most end users don't actually near that much because they get OEM) will continue to be the norm.

        3. Dell, Gateway, etc. don't pay nearly $100 for OEM copies of Windows. More like $40.
        • 1: You're right. It's much, much, cheaper to 'manufacture' software than it is to 'manufacture' hardware. The cost of design, development, and test are probably similar however.

          2: Why do you believe OS X and Redhat are priced that way? Perhaps because Micrsoft, as a monopoly, has 'fixed' the price at which an OS sells for? Oh, btw, I bought a full version of OS X 10.0 and 10.2, and both worked fine on my PowerBook *and* my PowerMac; and yes, I actually own multiple copies, but I was lazy and didn't open the version that cam with my PowerMac, so there are indeed full versions of OS X.

          3: I think $100 was chosen because it's even, it's round, and it's pretty. It's more likely consumers would pay $150 for a box of W2k or WXP, anyway, no? So it would be stupid for Dell, Gateway, et el to not charge close to market value and reap every percent of margin they could.
          • Re:MS == Clones (Score:3, Interesting)

            by clontzman ( 325677 )
            1. The manufacture of software is much more than just pressing a CD. Programmers aren't cheap and, thanks to ongoing support and development, keeping a piece of software up-to-date remains expensive.

            On the hardware side, once you've designed, say, a USB 2.0 chipset, you can license it and build millions of them at, incrementally, a very low cost, and the design might not change substantially for years. They're two separate businesses, and it's not really rational to say that, since hardware is getting cheaper, software should be too.

            2. Sorry, but that just doesn't make sense. Maybe OS X and RedHat are priced that way because that's the price the market will bear for an OS. MS doesn't *make* anyone sell competing products for the same amount (or more).

            My point about OS X was that there are no full *licenses*. What I'm getting at is that OS X only runs on Macs. If you've bought a Mac, you've bought a copy of OS 8/9/X. Therefore, the only thing you can install is an upgrade -- the only use for a so-called "full" version would be on a machine on which you don't already have a copy of OS 8/9/X which is, thanks to the Mac's closed architecture, not possible.

            3. Not sure what you're getting at here. All I'm saying is that the cost of an OEM product is often substantially less than the cost of a retail product.
      • When PC's cost $4000 Windows cost $100. Now that comodity PC costs ~$800 Windows still costs $100.
        People are complaining that Windows costs have stayed the same over the years, despite inflation and a lot more features? :)
    • Re:MS == Clones (Score:2, Insightful)

      by bkontr ( 624500 )
      Wrong! The reason PCs are cheap today is because of IBM cloning and has nothing to do with Microsoft. In fact, computers would be cheaper if MS sold windows for reasonable profit instead of the highway robbery they do now. Software is MORE expensive today than it was in the past (of course it does more too), and high software expense is ultimately the reason PC industry will stagnate. IBM created some standards for the PC, which is the reason PCs today are more similiar than different; mass production is the real reason why computers became inexpensive.
      • Wrong! The reason PCs are cheap today is because of IBM cloning and has nothing to do with Microsoft.

        Cloning is only possible because IBM lost control over the software platform. If IBM had succeeded in foisting OS/2 and microchannel on the industry the clones would have been killed.

        Of course nobody was going to let OS/2 win for exactly that reason. The industry choose Microsoft because IBM was a much bigger threat at the time.

        If Lotus and Wordperfect had figured this out a few years before it happened rather than many years later they might have survived.

      • You are absolutely right. The thing that you seem to 'get' about this discussion that some other posters apparently aren't old enough to know is that PC's beat Mac because of hardware. IBM virtually open sourced the PC. For a few hundred dollars anyone could buy a manual from them on how to build a PC. The only thing IBM wouldn't let you buy from overseas was the BIOS which they had copyrighted. That was their chokehold and it slipped from their grasp when Phoenix reverse engineered it. Since nobody could build a Mac but Apple but anyone could build an IBM compatible, competition by thousands of clone makers brought the price down. Microsoft had zilch to do with it, but they did ride the clonemakers coat tails since everyone needed their standardized middleware (DOS) to run those killer apps like Lotus 1-2-3.
    • Howabout Netscape? (Score:4, Insightful)

      by gad_zuki! ( 70830 ) on Monday December 02, 2002 @09:40PM (#4798562)
      PCs didn't really get cheap until the internet boom of the mid-90's. Considering the hottest browser at the time was Netscape, shouldn't they be credited with bringing PCs to the masses and the masses credited with lowering prices through demand?

      Just about any OS can run a browser, so what did MS do? I mean other than bundle a free browser with their OS. PCs may be 1/4 the price but Microsoft's software sure isn't.

    • "MS turned the PC market into a commodity market."

      Bullshit. Pick up a book, troll.

      Compaq and Netscape and AMD and Cyrix and USB (Apple) turned the PC market into a commodity market.

    • MS turned the PC market into a commodity market.

      Yes, and you know why MS got the opportunity to do this? Because IBM was subject to the same legal scrutiny as Microsoft is now. IBM outsourced the PC operating system to MS because IBM was afraid of more anti-trust action if they did both the PC hardware and software in-house. Note that influencing IBM in this area wasn't the result of an actual settlement, it was the consequence of on-going legal scrutiny and the threat of lawsuits.

      Today, Microsoft is the monopoly that kills innovation and competitiveness. And we can apply the same strategy to Microsoft as we did to IBM decades ago: on-going legal scrutiny and on-going lawsuits. Discovery, legal proceedings, and the threat of legal judgements have the teeth that anti-trust settlements lack. This is what will keep Microsoft in check, just like it did IBM.

  • What if the People rose up and filed their own Pro Se suits against Micro$oft? Crash the Courts! Has somebody a website for this yet? Just a thought.
  • by Scooby Snacks ( 516469 ) on Monday December 02, 2002 @08:58PM (#4798321)
    She concluded that some penalties proposed by those states would chiefly benefit the company's rivals.

    Well... okay. Isn't that what punishing a company and making an effort to restore competition usually does? How can you accomplish those two goals without bring benefit to the competitors?

    • by Anonymous Coward
      Antitrust rulings are not about punishing the company.

      Antitrust rulings are not about restoring competition to an industry.

      The only concern is to help consumers. It is not illegal to have a monopoly. It is illegal to abuse a monopoly.
  • by The Ancients ( 626689 ) on Monday December 02, 2002 @09:06PM (#4798374) Homepage
    Why give up? This is exactly what they want - keep battering for long enough, and cracks will show. A Law Firm here [clendons.co.nz] in New Zealand went as far as to lodge a complaint with the Commerce Commission regarding Microsoft's new licensing regime. Although the complaint was rejected, the new scheme has so incensed one of the partners, Craig Horrocks, that he has set up a site here [clendons.co.nz] which has a copy [clendons.co.nz] of the complaint, an open letter to MS users, and assorted news articles. You can be assured that this law firm is not about to take it lying down, as this site shows.
  • Soap Opera (Score:4, Funny)

    by TiMac ( 621390 ) on Monday December 02, 2002 @09:13PM (#4798416)
    Yes!!! I love it when the producers of a great soap opera decide not to cancel the show. Now I'll still have my fill of "Redmond Justice" to stay tuned to...at least for one more season.

    Maybe they should spice it up for sweeps with some guest appearances in the courtroom...maybe Larry Lessig, Steve Jobs, and the perennial courtroom favorite, OJ! :-D

  • The state I have spent most of my career working in does something right!

    If MS has proven anything in the many years of settlements with the DOJ over breaking the law, it's that a settlement with them is as worthless as one with Saddam.
    • Re:At last! (Score:3, Funny)

      by mpe ( 36238 )
      If MS has proven anything in the many years of settlements with the DOJ over breaking the law, it's that a settlement with them is as worthless as one with Saddam.

      That is insulting, to the Iraqi leader. No real sanctions have been applied to Microsoft, no demands that they submit to inspections or bombings either.
  • ...I'm proud to say I live in Massachusetts!!!

    Go Tom Go Tom Go Tom!!!

    (and Doug!)
  • Above the law? (Score:5, Insightful)

    by KristsInferno ( 630282 ) on Monday December 02, 2002 @09:31PM (#4798515)
    So many say "Why bother? M$ is above the law." What a crock of shit. Even if my tax dollars are going toward a battle which may be lost, I would be more pissed off if there were no appeals, much as I was pissed off about the states who signed the settlement. It is obvious that Bill & Co. think that they are above the law, or rich enough to buy it, so why should we throw our hands up when there is still more that can be done to fight the ruling?

    I believe that these states should be congratulated for not stopping. That is what the court of appeals is for. And I hope the other seven decide not to back down either.
  • WV has a clue (Score:4, Insightful)

    by r_j_prahad ( 309298 ) <r_j_prahad@NOSpAM.hotmail.com> on Monday December 02, 2002 @09:37PM (#4798547)
    West Virginia has a long history of their population getting dispossessed and sold up the river broke-and-naked by rich out-of-state corporations so this warn't that big a surprise. Microsoft is just like any big coal company looking to take buttloads of money out of West Virginia except Microsoft hasn't started having their opponents murdered... yet. That we know of, anyways.
  • Stereotypes (Score:2, Interesting)

    by Snorpus ( 566772 )
    Massachusetts is considered a high tech haven, West Virginia a low tech backwater. I wonder what local politics led to these decisions.
    • Actually they might be both characterized as states who ships have sailed. I like Mass. and lived there ten years; the disappointment in losing the Massachusetts Miracle tech industry, and now even Polaroid, was clear. The state is hardly at the end of the line, it's just waiting for rebirth, like after they finish that Big Dig interstate reconstruction.

      As for WV, well, I bought gas there once! I too would like to know the political considerations. Really, they're not risking much money, and maybe they have less to lose by possibly alienating MS.
  • If I were to hazard a guess, I would guess that if the state of the economy were better, most, if not all, of the other seven states would join. Nearly every state is broke and have other things that are of a higher priority at this time. I'm sure that the economy is hurting M$ but they can just downsize. Government never finds it easy to downsize so M$ probably has the advantage.
    • The state of the economy has little to do with it. In actuality it's all politics.

      This trial is incredibly expensive. States have a limited budget for prosecuting, they recieve this budget regardless of the state of the economy. Each states District Attorneys has to make due with that budget as best they can. They have murders and rapists to deal with, MS rates pretty low on the scale as far as prioity is concerned. The average citizen could care less about the MS case, but they do care if a rapist is roaming their neighborhood.

      Besides that the point of this trial was to draw attention. The states and feds never would have gotten what they wanted, it just wasn't in the cards. These trials ar more about bringing public awareness than justice. Now everyone knows there is something wrong in Redmond, where before they may not have. In the end consumers will decide.
  • by Transcendent ( 204992 ) on Monday December 02, 2002 @10:17PM (#4798731)
    Microsoft dodges yet another possible bankrupting lawsuit by buying the entire state of Massachusetts...
  • Boies should be attorney General instead of Ashcroft, but is too smart to take the pay cut.

    That rotten judge Thomas Penfield Jackson.
    His indiscretion cost the whole world global domination for one company.
    If he would have kept his mouth shut, none of this would have happened.

    Jackson's findings of fact were correct, Bill Gates and other Microsoft execs lied in court, and Microsoft should be broken up--period.

    Ken Starr could crucify Gates over his testimony if he could put forth as much effort as he did over Clinton's perjury. Put Gates on trial, that's my solution. I bet Boies would do it pro bono if Ellison and co. sent him a few briefcases full of cash.

  • by mao che minh ( 611166 ) on Monday December 02, 2002 @10:54PM (#4798883) Journal
    There is a good reason why nearly the entire computing industry, from small mom-and-pop shop to Sun Microsystems hates Microsoft. The concern that many politicians show about the role of Microsoft in our world is valid. The multiple trials and appeals and bickering and complaining is justified.

    Eventually, we have to get a judge that either sees the sense in all of it, or cannot be bought, or (hopefully) both. How much more can will it take?

    • In Other Words... (Score:3, Insightful)

      by waltc ( 546961 )
      ...a judge who agrees with you is a judge who "sees the sense in all of it", right?

      Good grief. How many lynch mobs have behaved in precisely the same dull-witted, imbecilic, zombie-like manner? Not knowing, not caring about the "facts," a lynch mob doesn't rest until the noose snaps tight. After that, it takes the time to consider its actions.

      Your idea that "nearly the entire computing industry hates Microsoft," is truly one of the most egregiously ridiculous statements I've ever heard. There are literally dozens, if not hundreds, of software and hardware companies world wide which owe their existence--their entire success--to the market Microsoft built with Windows. In fact, Microsoft could never in a million years have built such a market without the aid of all of these companies consciously working to build a market. The idea that Microsoft did it alone is sheer nonsense *chuckle*--the Dells, Gateways, Microns, HPs and all the rest in this world have contributed just as much if not more to the Windows market as Microsoft has.

      The kind of thinking which places Microsoft in its current position and forgets all of the other corporations sharing in and assisting in Microsoft's market illustrates the most extreme kind of ignorance.

      Frankly, I'm sick of the self-righteousness of deluded people who think the courts, the companies--and anybody else who stands in their way--is wrong. It's really looking like a pathetic viewpoint these days.

  • Just an interesting though: what if all the money that went in to this trial went into development of Free software instead? (We might be a lot farther along. There can be more than one way to make competition...) Anyone know how much has been spent??

The most difficult thing in the world is to know how to do a thing and to watch someone else doing it wrong, without commenting. -- T.H. White

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