You've been swindled. The conman is caught and brought to trial. Guilty, says the jury.
"Guilty, by Jove!" says the judge. "As this is by no means your first offence, I sentence you to... well, what would you like?"
"How about forcing me to buy a new suit?", says the criminal. "I've got the money. Business has been good. And if you could hurry up, I've got a lot on my plate."
As the swindled party, how would you feel?
Better get used to that feeling. This is what's playing out in the European Commission. Microsoft has been found guilty of abuse of its position - as it was in America, remember - on activities that have given millions of people a bad deal and crippled sectors of the IT industry. Yet it and the EC are negotiating away any hint of effective action.
Take Windows XP N, the version of XP without the Media Player. By allowing Microsoft to offer this at the same price as full XP, the EC has ensured that Microsoft will not only suffer no loss of revenue whatsoever - not a single penny - but can say "Look! No demand!" when everyone else ignores it. If that's a punishment, we're the Bolshoi Ballet.
And server interoperability, where Microsoft has also been found guilty of using its IP to illegally lock people out, is still being discussed. Why? What is wrong with saying that Microsoft has forfeited its right to that IP, such as it is, by egregious abuse, and it will immediately open it up or be hit with those seven figure daily fines?
Watching the conman shake hands with the judge, you may wonder what's going on between those two.
Let's look at Microsoft's modus operandi under pressure. We've seen it in America, where Microsoft said it would withdraw Windows from sale rather than comply with sanctions. We've seen it in Asia, where Steve Ballmer issued the most thinly veiled of threats to anyone thinking of open source - but he didn't mean it, of course. We've seen it in Europe, where Microsoft never threatened to pull research and development back to the US if software patents weren't supported and had no idea why anyone would think such a thing.
Again and again, Microsoft's response when all else is lost is: you touch us, we'll hurt you twice as bad. It's worked before. It would be out of character were this not part of its negotiations with the EC: how else to explain what's going on?
This is not justice. This is capitulating to a bully -- one, moreover, intent on increasing its control over the industry by all the technical, political and legal means it can muster.
We can still hurt Microsoft more than it can hurt us. Its bluff must be called, while we still have the option.
Talkback
Shut up. If you owned a company, even half as dominant as M$ you would do the same thing. If you wouldn't, then you can forget about success in this industry.
If prices are too high for you, or you think something is better, don't use their products.
Use what ever software you think is better, and stop preaching.
No one wants an Operating System that can't play media out of the box. This law was taken advantage of by companies that are afraid of a little competition. If their product can't sway the masses to use it, then so what....they should try harder.
"Crime, but no punishment for Microsoft "????
This is the biggest piece of drivel I have seen here for quite a while.
Who writes this garbage for ZDNET anyway?
When exactly did a fine of over $600 Million (the highest in EU history) become "no punishment" then?
Listen, fool, far more serious crimes have been committed in the EU , with absolutely NOTHING done to the perpetrators, including when the entire EU commissioners were forced to resign, only a few years ago, due to massive corruption, nepotism, and every kind of sleazy act under the sun, without even a single of the guilty EU commissioners being prosecuted by the EU.
No surprise even the dopey French voted against this stupid new EU constitution.
These moronic bureaucrats in Brussels are out of control and have now become an albatross around the neck of European growth, with Germany now having the highest unemployment in 70 years.
I am willing to bet Microsoft will be around much longer and stronger than those rabid , anti-American, anti-business EU losers.
What a moronic piece of dribble. For the average user, MSFT has meant lower prices, more functionality and ease of use. No one has ever been forced to take their technology. If you didn't like it, you ran UNIX, Apple or whatever else you wanted. Most of the court cases - including the US - aren't about what MSFT did per se (since virtually every other player does similar) but about their right to do it as a so-called "monopoly". Of course, MSFT's defense all along was that it wasn't a monopoly and that competitors like Open Source precluded them from being such. Less than 5 years after the US veridct, it's clear that they were right and the court was wrong. Take away the "monopoly" and what they do is business as usual for most software companies.
Why dont you get a life? I frankly think it has become fashionable to be part of the "underdog" - try running your own company and get people to work for you by paying real salaries.....then come back and read your post.
And yes - an ill mannered post no matter how true sounds immature. Stop pretending to be a victim.
Grow up!
This has got to be one of the most ridiculous things I have ever read and that’s saying something considering how many ridiculous things have been written about the Microsoft case. What are you? 4? And who the hell is “Leader” and what are you the leader of besides some tree house where no girls are allowed?
It’s hard to know where to begin so I’ll just start from the top. First, the EC cannot find anyone “guilty” of anything because these are civil proceedings. Second, the FINE was meant to “punish” Microsoft, the remedy was meant to make it easier for Real Networks to bribe OEMs into bundling their media player instead of Microsoft’s. It doesn’t have ANYTHING to do with consumers but then, neither does you commentary so I’m not surprised. Third that fine happened to be a half a BILLION dollars and they have so far paid nearly $4 BILLION in settlements with these “aggrieved” pantywaists like Sun and Novell. That’s one hell of a “new suit” you moron. Forth, MS was NOT found to have abused it’s IP and Judge Vesterdorf of the CFI (oh that’s right you were busy washing dishes at your mother’s house when the appeal was going on!) made it VERY clear that any remedy had to respect Microsoft’s IP because the implications of trampling it go far beyond Microsoft. Microsoft is “threatening” the EC?! With what? Writing more checks?! And if they ARE threatening with closing down their plants or not selling their products what do you care? You think they should just say “thank you sir, may I have another?” when they are being screwed? If they don’t sell their products that should make you happy because you clearly believe that people aren’t capable of making their own choices so let’s just decide them for them. I’m planning to go the EC to demand that ZDNet/UK ship with a “drivel filter” so that I don’t waste bandwith on stupid opinion pieces by misinformed malcontents. And I want to pay even less for it. I know it’s free but then so is Windows Media Player.
Where’s your article on why these stupid AMERICAN companies are venue shopping in Brussels? Don’t they have companies to run or are we missing the point that these complaints are really just part of their business model. Time and time again Real makes some claim that gets disproved but no one writes about that. They are LIARS. Now this time it’s all about how their market share (not their numbers, mind you, just their share) is down because there’s a media player in Windows. Um, there’s been a media player in Windows for a VERY long time, including when Real was GAINING market share. They’re just pissed that there’s a GOOD one in there now. Also it’s strange that Apple and Sony are GAINING market share while Real is losing it. Why aren’t they suffering or complaining. Hmm. Perhaps it’s because consumers are actually choosing their product. Could it be that people have turned away from Real because there’s MORE competition, not to mention their spam, pop-ups and privacy violations. Nah, I’m sure it’s because there’s an outdated media player in Windows that everyone goes to the internet to update anyway.
Oh but actually researching and thinking about a story would be work and that’s left the realm of journalism. Instead it’s all become about “labeling” people. These people are “pro-MS” these are “con.” The problem is that EVERYONE have turned into sycophants on this issue because of the rhetoric. Do the media step in with the “objective” voice of reason. Not so much. Instead it’s this lazy iconoclastic hyperbole that “sells” and that’s the worst form of bias. You want to badly to be a part of the news, to find the next smoking gun that you’ve lost site of your JOB which is to print the NEWS and thoughtful commentary. To better compete with the blogs you’ve become bloggers.
Grow up, do your JOB or I’ll call your mother.
Wow!. Leader must be hitting the right nerve because I've never seen so many payed for Microsoft shrills go into beserk mode and actually put some effort in the amount of FUD they spread.
Gotta love their reasoning that if you make a habit out of smashing heads everywhere for nothing but your own profit you can simply pay off some of your victims with a small amount (or else you'll smash their head in again) and the judge will say something about it but you can totally ignore that anyway because half the world is in your pocket anyway. And if that doesn't help then simply help the judge's children understand that their daddy better back down for their own well being or else. Rules and laws are for the weak and poor I guess.
In short: violate rule after rule and lock-in markets. Give back 1% of what you've gained that way for PR reasons. Cry faul if others don't fully comply to your own selfmade rules and demand that justice gets done. Cry faul and yell hype terms like "cripled innovation" and "hidden cost" whenever someone else points out and proofs that you only follow rules as long as they suit you time and time again.
Perhaps we should raise all our children that way because how else could we hope to achieve the glorious future and sociaty of tomorrow?
And perhaps we shouldn't be so though on those re-offending inmates currently still inprisoned. Release them all because plenty of them will have a very succesfull business plan in mind that will be highly succesfull for them if we just keep off their backs and let them go their way. And who knows who of us will one day have a nice paying job by working for such a chap?
Yikes! I hope that is not what it comes to in the end for Microsoft in Europe.
Rewarding MSFT for breaking the rules is ridiculous. I seriously hope the European Commission realizes its mistake and imposes a new requirement that Microsoft sell the unbundled Windows XP N at a cheaper price!
Arthur B. : "Leader must be hitting the right nerve because I've never seen so many payed for Microsoft shrills go into beserk mode and actually put some effort in the amount of FUD they spread. "
"Leader" huh?
As in "Da great Leader" Chairman Mao?
Or the the even "greater", even more insane "leader" Kim Il Jung?
When did ZDNET become the new Communist Party of North Korea, replete with spewing out communist , Stalinist open source propaganda, disinformation, outright lies and open source hate ?
The only FUD I see here is this pathetic attempt by this so-called "leader" to misinform and deceive in a pitiful attack on Microsoft and to shill for the open source crazies.
That's where the FUD is at , dude!
Open Source Movement = FUD and Lies Movement
As for going "berserk", everyone knows that the biggest bunch of psychos on the internet are the open source lunatics.
No one can compete with you guys when it comes to pure hate, and psychotic ranting!
It has been my observation that the only people who get upset over the Linux vs Microsoft war are the people who actually pay for MS products. The ones who steal them sit quietly back and say nothing...which is the best way to stay out of the spotlight. Now if MS would only learn a lesson from those who are stealing from them. Why does the term "den of thieves" come to mind? It's only a matter of time before people figure out that using a free alternative to MS products less the worry about spyware, trojans and viri is the intelligent choice. Where is the FUD in that?
Go ahead...spend your money on MS products. Little Billy is counting on you. It's what you get in return that amuses me.
helios
anonymous : "Rewarding MSFT for breaking the rules is ridiculous."
Where is the reward at, dude?
anonymous : " I seriously hope the European Commission realizes its mistake and imposes a new requirement that Microsoft sell the unbundled Windows XP N at a cheaper price! "
The EU bureaucracy is a moribund, clueless , bumbling, very nasty, rabid bunch of clowns , who are responsible more than anyone else, for the pathetic growth rate in Europe and for the near record unemployment in Germany and France.
By following an anti-American, anti-business, anti-consumer policies like this jihad they have been waging against Microsoft and other american companies, the EU bureaucracy is only going to end up screwing up European economies even more than they already are.
helios : "Go ahead...spend your money on MS products. Little Billy is counting on you. It's what you get in return that amuses me. "
Like Scot McNealy said, Linux is free like bringing up a puppy is free.
You first off, pay a huge amount of your money to Red Hat. SuSe , whoever for their Linux, then you have to pay extra for a bunch of smirking, arrogant, anti-social, anti-business Linux techies, who hate capitalism and your business that you stand for, but are only too eager to charge you cut-throat prices for their crap services, then you have to contend with all the coming lawsuits over the intellectual property that has been stolen by the Linux crazies over the past decades. and illegally put into Linux , cope with very high costs of getting applications to market, etc etc.
Linux = Your worst nightmare.
Smithy, I have been using Linux for almost 10 years, and it is my duty to inform you that everything that you dribbled in your last rant is a load of rubbish:
- You can download the Linux kernel for free.
- You can download the ISO images of Fedora Core for free.
- You can download the ISO images of Suse for free.
- Not counting the SCO lawsuit (which has astonished the Judge with its complete lack of evidence), how many intellectual property lawsuits have been brought against Open Source projects?
- Open Source developers are actually very helpful people. My advice to you is not to confuse the developers with some of the people who rant on ZD-Net talk-back boards.
Ironically, your rant is actually a fair description of Microsoft, which is why I don't use Microsoft products.
Smithy. One advise. If you really do love Microsoft so much then ranting in the way you do isn't helping them.
Thanks again.
Personally, I think a much more effective remedy would have been to allow them to continue shipping Windows Media Player, but to make them ship it with an OGG encoder in place of the WMA one.