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More on the EU Microsoft Meeting; and Intel Gives Linux a Leg Up on the Desktop |
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Wednesday, November 24 2004 @ 01:44 PM EST
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There is a bit more information on the sudden meeting called by Bo Vesterdorf, the judge trying to decide whether to suspend penalties against Microsoft during its appeal in the EU antitrust case. Unfortunately, some of the information was inaccurate at first. Forbes had the inaccurate version, from an International Herald Tribune reporter's article, titled "EU Court Sets Talks on Microsoft Plaintiffs' Desertion Could Damage Case", which it later corrected. Update6 from the Associated Press gets it closer to right, and the Forbes headline is now "EU Say Microsoft Case Remains Intact": "The European Union insisted Wednesday its antitrust case against Microsoft Corp. remains intact despite a surprise meeting called by the judge following the desertion of two of the EU's biggest allies.
"'Just the fact that certain parties have withdrawn from the proceedings doesn't change the facts of the case at all,' said EU antitrust spokesman Jonathan Todd. 'Hence the proceedings will follow their normal course at the court.'"
I don't think "intact" is the precise word I'd pick, but it is surely closer than to imply the case is in shambles. Logic and a little knowledge of the legal process helps here.
Just as in the US antitrust case, which was the US v. Microsoft, although many parties complained and leaped on the cart with the Justice Department, none of them could change the fact that Microsoft's chief antagonist was the US Department of Justice. Similarly, the EU case is the EU Commission investigating Microsoft, not CCIA v. Microsoft or Novell v. Microsoft. And RealNetworks Inc., bless their hearts, continue to remain in the EU process. So is FSF. Considering that the media player is at the center of a principal antitrust claim -- the Commission ordered Microsoft to offer a version of their OS without a bundled media player, after all -- Novell and CCIA deciding to withdraw from future participation doesn't make that penalty go away: "David Stewart, a senior lawyer with RealNetworks, told Dow Jones Newswires that it and other companies 'remain resolved to support the decision and protect consumers.'" Thank you, RealNetworks. I hate the Windows Media Player's EULA. In fact, to tell you the truth, the oppressive EULA and the media player being bundled in is one key reason why I stopped using Windows. And don't forget that the Commisssion on its own initiative decided to broaden the original investigation into complaints filed to look into the media player issue, so it's not a situation where anybody pulling out would affect that. "The European Commission enforces EU competition rules on restrictive business practices and abuses of monopoly power for the whole of the European Union when cross-border trade and competition are affected." So they have the authority to act. Originally it was reported that Novell and CCIA were withdrawing prior evidence from the case, but I checked with Novell, and their spokesman, Bruce Lowry, says that isn't true. CCIA has now also denied withdrawing anything, so the update corrected the initial inaccuracies, making it clear that neither CCIA nor Novell were withdrawing prior evidence. Having been a media victim myself, I knew enough not to believe a word until checking. In a breaking story, to be fair, it is sometimes necessary to make corrections as new info comes to light. But checking your facts before you publish a story is good too. Speed isn't all there is to journalism. So what is the meeting for? Here's what Novell told ComputerWorld : "The meeting, called by Judge Bo Vesterdorf of the Court of First Instance (CFI) in Luxembourg, will be held Thursday, said Bruce Lowry, a spokesman for Novell Inc., one of the companies that has withdrawn from the case. 'The judge called a meeting and invited all parties to the EU action to attend in order to discuss procedural matters having to do with the withdrawal of the CCIA and Novell,'
he said." Here's more from the Seattle Times and the NY Times [sub req'd]. I can't help but wonder if the reported payment to Ed Black will come up, but I don't know and can't speculate. But even if all the parties and the judge and the Commission ended up pocketing some millions and tossing the case, Microsoft has another problem: India and China and Intel. According to Bloomberg, Intel is offering computer makers in India and China a Linux support kit, with software drivers, documentation and resources to "more easily design, build and sell Intel-based desktops with the Linux operating system,'' Intel said in a statement: "The Intel software kit supports versions of Linux made by Novell Inc., Red Hat Inc. and Red Flag Software Co. and helps computer makers install them on Intel motherboards and processors. The software kit also helps simplify the installation of 'basic office automation' programs.
"Microsoft's Windows made up about 96 percent of total desktop operating systems sold in India in the year ended March 31, according to a survey by Indian Market Research Bureau, a local researcher. Intel's Pentium microprocessors had 86 percent of the Indian market, the study said.
"Intel spokesman Robert Manetta said his company began to provide the software tools 'to meet demand.' The tools are being given to companies that make unbranded PCs, he said."
"To meet demand." Those are the words that spell Microsoft's problem. One nasty side effect of raping and pillaging the competition and mistreating your customers as you build your monopoly is, nobody likes or trusts you. How can Microsoft ever get that back? And while they are offering a junior version of Windows in Asia and have lowered prices, why would anyone prefer that to a complete, fully equipped operating system from folks you don't dislike or distrust? 'Tis a puzzlement. Note we are talking *desktop* here, not servers. Intel is talking about Linux on the desktop: "The chipmaker warmed up to desktop PC makers when partners in the Asian countries started requesting more help with desktop Linux, company spokesman Scott McLaughlin said. . . .
"The kit includes driver software, which enables use of specific hardware features; scripts to quickly install software that has been validated to work with various versions of Linux; and a program called the Application Version Compliance Tool that checks to make sure programs are compatible with those Linux versions and Intel electronics.
"The kit supports three versions of Linux--Red Hat Desktop, Novell Linux Desktop 9 and Red Flag Desktop 4.1--and will support Linux from the China Standard Software later, Intel said."
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Authored by: Anonymous on Wednesday, November 24 2004 @ 04:30 PM EST |
--- --Bill P, not a lawyer. Question the answers, especially if I
give some. [ Reply to This | # ]
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Authored by: Felix_the_Mac on Wednesday, November 24 2004 @ 04:39 PM EST |
For links, post in HTML:
<a href="http://www.groklaw.net/index.php">example
link</a>
(since I want to post OT myself :-)[ Reply to This | # ]
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Authored by: qu1j0t3 on Wednesday, November 24 2004 @ 04:50 PM EST |
Intel has its own Micro$oftian trouble in the Chinese market: the Chinese
developed a competing RISC CPU, to run Linux of course. No doubt Intel
would
like to limit any impact this
might have on their market share, but you can
bet the homegrown product is
a potentially enormous saving on imports. Fully two years ago - when the
chip deb
uted - it was recognised it would
"challenge Intel" (not to mention
M$). Now that's what I call a "free
market". [ Reply to This | # ]
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- Interesting post - Authored by: Anonymous on Wednesday, November 24 2004 @ 05:13 PM EST
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Authored by: AllParadox on Wednesday, November 24 2004 @ 05:04 PM EST |
Main posts in this thread may only be made by senior managers or attorneys for
"The SCO Group". Main posts must use the name and position of the
poster at "The SCO Group". Main posters must post in their official
capacity at "The SCO Group".
Sub-posts will also be allowed from non-"The SCO Group" employees or
attorneys. Sub-posts from persons not connected with "The SCO Group"
must be very polite, address other posters and the main poster with the
honorific "Mr." or "Mrs." or "Ms.", as
appropriate, use correct surnames, not call names or suggest or imply unethical
or illegal conduct by "The SCO Group" or its employees or attorneys.
This thread requires an extremely high standard of conduct and even slightly
marginal posts will be deleted.
P.J. says you must be on your very best behavior.
If you want to comment on this thread, please post under "O/T"
---
All is paradox: I no longer practice law, so this is just another layman's
opinion. For a Real Legal Opinion, buy one from a licensed Attorney[ Reply to This | # ]
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Authored by: AllParadox on Wednesday, November 24 2004 @ 05:13 PM EST |
Could it be possible that these new Intel/Linux kits might leak out of India and
China, and be available in other parts of the world? Has it already happened?
Please do not email me about it. Sure as God made little green apples, somebody
here in town already has a copy, if I just knew who to ask. (Really, I do not
need a copy.)
Dell and HP will now have to seriously consider selling competitive Linux
desktops, or else risk letting the imports completely own the Linux share of the
market, and down that road lies oblivion.
---
All is paradox: I no longer practice law, so this is just another layman's
opinion. For a Real Legal Opinion, buy one from a licensed Attorney[ Reply to This | # ]
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Authored by: Anonymous on Wednesday, November 24 2004 @ 05:57 PM EST |
Could you please explain your position? I'm interested because even tho I can
read the words, I don't understand the long reaching consequences of what is
being said. Maybe you wouldn't mind doing an article on how you feel about MS's
licenses? And I wouldn't mind hearing comments from anyone about this. I'm
really interested what MS's licenses means.[ Reply to This | # ]
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Authored by: Anonymous on Wednesday, November 24 2004 @ 06:02 PM EST |
IMHO Intel has always been a strong Linux supporter. Case in point: ACPI. Search
the Linux Kernel Mailing List for Len Brown. He's a big kernel contributer and
works on ACPI whilst working at Intel (who made the standard in the first place
btw.).
Nice to see to have such a nice player on your side.
Cheers,
Andre[ Reply to This | # ]
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- Only sort of... - Authored by: Anonymous on Wednesday, November 24 2004 @ 07:11 PM EST
- Only sort of... - Authored by: Anonymous on Thursday, November 25 2004 @ 03:57 AM EST
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Authored by: Anonymous on Wednesday, November 24 2004 @ 06:38 PM EST |
Let's be clear what's going on here. Piracy is very
widespread in India and China. Microsoft is leaning on big
PC manufacturers not to sell machines without an OS.
Everyone knows what option the customer wants (pirated
Windows), and Intel is simply making sure the big PC
manufacturers can compete with the smaller ones (who are
below Microsoft's radar) while pretending to keep
Microsoft happy. Machines are shipped with Linux. The fact
that a few minutes after the installation engineer leaves
the machines are running Windows is nothing to do with the
manufacturer. And we won't ask what the engineer has in
his briefcase.
And Intel probably appeals more to big PC manufacturers,
who prefer 'Intel Inside' marketing budget to cheap
prices.
They may do a reasonable job, but it doesn't really matter
as anyone who won't replace the Linux installation with
Windows could have set up Linux anyway. [ Reply to This | # ]
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Authored by: TimMann on Wednesday, November 24 2004 @ 07:21 PM EST |
Odd phrase there. When I have a leg up on the desktop, it's only because I'm
putting an ice pack on my knee while I'm working at my desk. :-)
[ Reply to This | # ]
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- Dog owner - Authored by: Anonymous on Thursday, November 25 2004 @ 11:09 AM EST
- Definition - Authored by: Chugiak on Thursday, November 25 2004 @ 01:13 PM EST
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Authored by: Anonymous on Wednesday, November 24 2004 @ 07:46 PM EST |
Novell refers to this link from their website.
http://www.cio-today.com/story.xhtml?story_title=Intel-Touts-Linux-over-Windows-
in-Asia&story_id=28639&category=wrldwd[ Reply to This | # ]
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Authored by: Anonymous on Wednesday, November 24 2004 @ 07:55 PM EST |
After getting threatened by Microsoft years ago for the audacity (or should I
say Audacity? :-) ) of
attempting to create multimedia software, perhaps Intel is feeling a little less
beholden to their somewhat estranged partner. What with Microsoft snuggling up
to the AMD Opteron for HPC (Windows and HPC... now there's an oxymoron if there
ever was one), Intel probably figures they can go ahead and do whatever they
want without having to worry about some muscle from Redmond to come knocking and
threatening. What would Microsoft do next? Threaten to go calling on Transmeta? [ Reply to This | # ]
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Authored by: Anonomous on Wednesday, November 24 2004 @ 09:07 PM EST |
'Tis a puzzlement.
What, is Intel offering the Linux support kit in
Thailand too?
-Anonomous.
[ Reply to This | # ]
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- Thai response - Authored by: Anonymous on Wednesday, November 24 2004 @ 09:48 PM EST
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Authored by: Anonymous on Wednesday, November 24 2004 @ 10:23 PM EST |
Double-digit growth continues:
Link
--- m(_ _)m [ Reply to This | # ]
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Authored by: Anonymous on Thursday, November 25 2004 @ 12:49 AM EST |
I think ( and IANAL ) that European and U.S. law differs in a few places.
Just because a out-of-court settelment arises, the involved parties cannot
withdraw evidence once submitted to the court. AFAIK, they're stuck with it. And
the rules on what evidence is allowed is different as well.
Same thing with the case - if a party tries to withdraw (say, some friendly guys
with violin cases had a chat with him) the case rolls on without him. As far as
i know, it's the judges decision.
The way i know European judges, a payoff to a CEO, followed by a instant
settlement could very well add to the trouble for M$. And the judge that copes
with this case is a pretty tough one.
All in all, to my untrained (and shortsighted) eye, it looks like M$ hasn't
gained an inch here. If they could show hard evidence that they have improved,
they might have a chance. But right now, they look worse off than before...
The_Pirate (Again on my office PC)[ Reply to This | # ]
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Authored by: Vaino Vaher on Thursday, November 25 2004 @ 01:20 AM EST |
..why would anyone prefer that to a complete, fully equipped operating
system from folks you don't dislike or distrust?
I don't think that
Joa Average in any country dislikes or distrusts Microsoft. In fact, interviews
with students often show Microsoft among the most-desired companies to work
for.
People in general have enough to worry about, and don't really care if
their OS supplier is a convicted monopolist with a terrible track record. Just
like they don't care if their drug supplier sells dangerous products in the
thrid world, or their supplier of household chemicals markets prohibited
pesticides in India, or if their sneakers are manufactured using child labour or
...
But people do want equipment that works and that does the job well. And
that is why my company migrated to Linux already several years ago. Linux
survives nicely on its own merits, thank you! All we have to do is to create
awareness.
Keep handing out those Live-CD's![ Reply to This | # ]
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- Reasons - Authored by: moosie on Thursday, November 25 2004 @ 02:18 AM EST
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Authored by: Anonymous on Thursday, November 25 2004 @ 08:54 AM EST |
There was an interesting discussion about how the EU is placing itself into US
business affairs on National Public Radio's
On Point
public affairs program. This program interviewed journalist and author T.R. Reid
about his new book about the increasing power of Europe. According to Reid, the
EU plans to use Economic, not military power to reign in the US. Even with
Microsoft buying off those involved in the original suit, the EU can still cause
them trouble. Microsoft was not mentioned in the program but a proprosed GE
merger was. Has anyone read the book?
In essence, the EU will continue
to involve itself with US business because it can. As I understand them, EU
anti-trust laws are meant to protect the rights of competitors and consumers. Ff
the EU feels Microsoft continues to pose an unrepentent threat to its
competitors then they could take steps to level the playing field for these
competitors, in spite of Microsoft's ability to buy off those involved within
the suit.
[ Reply to This | # ]
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Authored by: Anonymous on Thursday, November 25 2004 @ 02:28 PM EST |
Well here's the news snippet. Can check it out at
http://www.hindu.com/2004/11/25/stories/2004112504981700.htm
Oracle, Dell join hands
Extending an eight-year old global alliance in
India, Oracle Software and Dell today announced their partnership for the local
market to offer a single point of contact for computing requirements.
With this
partnership, it will be easier and more affordable for customers in India to
deploy Oracle products on Dell servers running on Linux, Dinesh Pai,
General Manager, Dell India, said.
Claiming to lower total cost of ownership
and a 69 per cent faster processing, he said Oracle's 10g data software
application would be bundled with the Dell PowerEdge server under this
alliance.
Dell would use its direct sales model to provide customers in India
with enterprise solutions integrating hardware and software. Both companies
would put in dedicated teams in place to carry out joint training, marketing and
sales tracking. [ Reply to This | # ]
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- Working link - Authored by: Anonymous on Thursday, November 25 2004 @ 05:58 PM EST
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Authored by: grouch on Sunday, November 28 2004 @ 04:13 AM EST |
Intel may be helping with Linux now, but what about the future? From Robert
Cringely's article
Go to the Back of
the Bus -
How Microsoft Plans to Use a New USB Standard to Cripple
Linux,
There IS a new USB standard in the works and it is at
the heart of Microsoft's sudden interest in USB security. Co-developed with
Intel, the new USB standard specifically excludes Linux and probably OS X
devices as well. I'm told the Intel folks are quite embarrassed about this, but
feel powerless to do anything about it. The new standard will be sold to USB
device makers as a chance to replace every device they've already sold, and PC
makers will be told they can do the same with every desktop. But for non-Windows
computers the likely result will be that Windows-standard USB devices will no
longer be compatible, which means there will have to be two USB standards, and
the non-Windows variety will have lower sales volume and therefore higher
prices. Going further, the PC standard will lead to motherboards that will be
hostile to Linux, and will likely mean that loading Linux will result in a PC
with inoperative USB ports.
Unregulated monopolies use their
power to force other businesses to aid in the maintenance and extension of the
monopoly.
[ Reply to This | # ]
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