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Superior Linux Technology not Stopping Microsoft - Time to Call Uncle Sam

Posted by tadelste on · 42 comments
Lxer Day Desk; By Tom Adelstein, Editor-in-Chief
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LXer Day Desk: 12-14-2005

Back when the Communists ran the Soviet Union, truth never reached the outside world. Within the big computer manufacturers, media relations people have gestapo like power. Want to keep your job? Never let them find you quoted in the newspaper, especially about Microsoft.

But today, the time has come for you to find out what lurks behind the corporate veil, particularly when it comes to the subject of Microsoft and Linux. President Bush open this gate! Mr. Bush, tear down this wall!

Related Article:
Congress: Clear the Air about Microsoft, Apple and Linux

For approximately twenty years, people at International Business Corp lived in a house divided. Few even knew. Like many large corporations IBM employs a remarkable media relations group. They not only provide lots of information about IBM to the outside world and make executives available to the press, they also censor the information going out. They craft the image of IBM.



Inside IBM, media relations is everyone and no one. They are the gatekeepers. They are guarding all the doors. They are holding all the keys, which means you cannot fight them. So, no one ever tries. To a Linux advocate, IBM presents a web of confusion.



Few people know that a subsidiary of the IBM Corporation located in Raleigh, NC and a division within the company spent approximately twenty years locked in mortal combat. That combat affected Linux over the last few years. It actually slowed Linux progress.



The IBM PC Company and the IBM Personal Software Products division had this in common: They both sent their profits to Armonk, and if no profits existed, Armonk decreed the firings. The PC Company doomed OS/2, for example. They refused to pre-install OS/2 instead of Microsoft Windows on the company's consumer products.



So if you ever wondered why IBM presented a confusing face with regard to the PC world, now you have it. The Division wanted to bring you products like OS/2, Lotus Smart Suite and something that may sound familiar: Workspace on Demand. But, the PC Company only wanted to sell Microsoft products. Few would consider that a formula for success.



Now, Linux



Imagine if IBM couldn't control their own strategies when it came to PC operating systems, how could they or any other PC manufacturer bring you Linux? Microsoft's tenacles reach in and around many people within the PC world to the extent they represent a pandemic. To extricate them, requires government intervention.



The government has tried before. You can go back to when OS/2 was the top selling operating system in world. But wait, you didn't know that? Well then, let's open some eyes.



The Who Dunnit of Windows



Have you ever wondered about major media's love affair with Microsoft? Start with PC Magazine. PC Magazine used to print a software sales chart in each issue showing the bestselling programs. For many months, Windows topped its list until the autumn of 1994.



In the autumn of 1994, the best seller was OS/2 Warp 3. For the first time, the magazine did not publish their famous chart. Editors claimed they ran out of space during the two months that OS/2 topped the charts. Of course, this was just an unfortunate incident.



As you know, PC Magazine's failure to publish OS/2's win only began to demonstrate the media's favortism with Windows. We can go through thousands of articles praising Microsoft and condeming everyone else up to and including Iain Ferguson's infamous report on "flaming Linux bigots" article. You will find only a few industry magazines that fail to comment about the so-called fanaticism of non-Microsoft users. Magazines will dismiss us as crackpot zealots of Linux. They even dismissed the users of OS/2 who voted it InfoWorld's product of the year for four consecutive years.



And the US Government?



We can start with the US Justice Department's antitrust investigation of Microsoft in the spring of 1994. Everyone believed DoJ would sue. But Bill Gates made a visit to the White House that spring. A month later Justice and Microsoft announced a consent decree without Microsoft admitting any wrongdoing.



Shortly after the consent degree, the U.S. District Judge for the District of Columbia began hearings into the settlement. The judge was formerly chief of enforcement at the Securities and Exchange Commission. Justice wanted him to sign off on the agreement.



The judge objected to many Microsoft practices such as OEM selling PCs with competitive operating systems installed and still having to pay Microsoft. He had problems with Microsoft's nondisclosure agreements mentioned in the consent agreement. He had problems with Justice declining to disclose any meaningful information concerning the substance its investigation.



The judge found it odd that Justice initiated a massive antitrust probe, found significant violations in the large market and only wrote a complaint alleging minor anticompetitive practices.



He felt the decree didn't work in the public interest because: 1) It declined to provide the Court with the information it needed to make a proper determination. 2) The scope of the decree was too narrow. 3) The parties did not address other anticompetitive practices. 4) The Court was not satisfied that enforcement and compliance mechanisms were satisfactory.



What About Today



If one looks at the situation in Massachusetts, where the Governor approved a move to a new document standard we see Microsoft repeating behavior the District Court found anti-competitive ten years ago. Here's what the judge wrote:



"This Court cannot ignore the obvious. Here is the dominant firm in the software industry admitting it `preannounces' products to freeze the current software market and thereby defeat the marketing plans of competitors that have products ready for market. Microsoft admits that the preannouncement is solely for the purpose of having an adverse impact on a competitor's product. Its counsel states it has advised its client that the practice is perfectly legal and it may continue the practice. This practice of an alleged monopolist would seem to contribute to the acquisition, maintenance, or exercise of market share. . . . February 14, 1995


One has to ask if Microsoft's announcement of their Open Office XML strategy to create an international standard seems like history repeating itself. Microsoft essentially put the clamps down on Massachusetts' adoption of the Open Document Format with their announcement. Was this done solely for the purpose of having an adverse impact on a competitor's product?



What Happened to the Court's Finding in 1995?



The judge wrote: "It is clear to this Court that if it signs the decree presented to it, the message will be that Microsoft is so powerful that neither the market nor the Government is capable of dealing with all of its monopolistic practices. The attitude of Microsoft confirms these observations."



Microsoft and Justice filed a joint appeal. The following June, a federal appeals court ruled that the judge had overstepped his authority and assigned the case to a different judge, Thomas Penfield Jackson. The Department of Justice then engaged in United States v. Microsoft. (But only after a Microsoft employee supposedly leaked copies of the OEM agreements to the press and then went into hiding.)



How Come We're Still Here?



In the original hearing of 1995, the judge pointed out that "Microsoft can hold onto its market share gained allegedly illegally, even with the introduction of a competitor's operating system superior to its own. By telling the public, `we have developed a product that we are about to introduce into the market (when such is not the case) that is just as good and is compatible with all your old applications,' Microsoft can discourage consumers and OEMs from considering switching to the new product."



Only three years before, people in the computer press laughed at early versions of Windows. Regardless, those versions provided a graphical user interface, supported a mouse, and worked. Companies wanted to produce graphics programs that did nothing but provide a graphical front end for DOS. Some of those programs provided nothing more than a menu. Microsoft saw the need and offered a "runtime" version of Windows.



Many companies purchased scaled-down Windows. It started when the graphics program started, provided graphical, printer, and mouse services, and shut down when the graphics program did. Many companies built front-ends to Windows.



Microsoft also wrote a graphical front-end and came out with Windows 3.0. Programs written for other front-ends also ran on Windows 3.0. It was an effective way of encouraging software developers to write for the Windows API. I remember registering my run-time version of Windows and DOS and receving a special offer in the mail from Microsoft for Windows 3.0. The price seemed like a pittance and I wanted to try it.



Prior to June 1992, people who bought IBM PCs got them empty. They came with some version of DOS and maybe a few low-quality applications. I bought one of those and installed Aldus Pagemaker on it. The user formated the hard drive, installed DOS, and any other programs that came with the computer.



In June 1992, Microsoft began its preload campaign. Microsoft saw a market that knew little about computers. They felt consumers would buy a plug it in and turn it on system. Computer manufacturers experienced massive increases in sales and from that point it became impossible to buy a PC without Windows.



Bill Gates promoted the fact that they had sold millions of computers with Windows to independent software vendors (ISVs). He assured the trade that Microsoft would not cross the green line and compete with those ISVs. One of my associates had the top selling "contact manager solution" running on Windows. Then, when Microsoft released Outlook, his business died overnight.



Time to Go Back to the Future



While we can see the power of preloading an operating system today, we didn't think much about it in 1992. Today, 95% of the people who own computers use what comes on their PCs.

Preload agreements seemed like a clever marketing tool. In the least they gave someone an edge. At the other end of the spectrum under the Sherman and Clayton acts they should be potentially felonious.



Back when these agreements started, preloads gave OEM's a good price on DOS. But OEMs had to agree to buy Windows, too. They would have to pay for DOS and Windows for every computer they shipped, whether DOS and Windows were on it or not. We don't know what agreements exist today because disclosure goes beyond the scope of the US Government's enforcement of their agreement with Microsoft. Everything is done in secret without public disclosure.



Not much has changed since Microsoft started selling preload software. Today, we cannot know if people would still buy Microsoft products because the Government protects the monopoly. What percentage of the market would Microsoft have in a fair market?



The only way we can answer that last question is to stop manufacturers from preloading Windows. Until then, we do not have a free market. Microsoft has no way to prove itself otherwise.



Prayer for Relief



In an article entitled U.S. Wades Into Korea's Microsoft Controversy Chosun.com states:



The U.S. Justice Department on Wednesday took the unusual step of sharply criticizing a decision by Korea’s Fair Trade Commission to fine Microsoft W33 billion (US$33 million) in an antitrust case, which it said went “beyond what is necessary or appropriate.”



(It went on to say)



FTC director-general Kim Byung Bae said it was rare for the U.S. Justice Department to issue a statement on the matter since it was customary to respect decisions by partnering institutions. That was why the Korean government made no comment on a recent decision by the department to fine Samsung Electronics for price-fixing, Kim said. Asked if the U.S. statement could lead to a full-scale trade war, Kim said the FTC decision was based solely on whether Microsoft violated antitrust law or not, so it was not a trade issue.



Since the US Government has effectively lost sight of the tenants of the Sherman and Clayton Anti-Trust Acts and has gone so far as to interfere with another country's findings related to anti-trust, it must re-evalauate its role with Microsoft. We ask the US Administrative branch to cease and desist from lobbying on behalf of Microsoft. We do not feel that the federal government should use the taxpayers money to persuade other nations to see it Microsoft's way.



We ask the US Congress to evaluate the administration's role with regard to Microsoft. We ask that Congress take up the issue of Microsoft's potential restraint of trade. We ask that Microsoft be prevented from continuing or entering into preloading agreements.



We ask for a comprehensive review of Microsoft's political activities. Has Microsoft used shills and alter-egos to contribute to campaigns in an attempt to influence rulings in its favor? What part has Microsoft played in Government on the state, local and Federal levels? We believe it is the duty of the US Government to inform the people.



Finally, we ask that all OEM manufacturers disclose their policies with regard to selling Microsoft products. We feel that such disclosures should be included in companies' SEC filings. We also believe that separate schedules of payments to and from Microsoft and OEMs be disclosed immediately.



Closing Remarks



Do you wonder how a software manufacturer like Microsoft could get so fat? I do and I wonder why others do not. It seems like common sense to me that a software firm that sells the same programs over and over shouldn't produce the richest men in the world.



Microsoft hasn't offered a new operating system since Windows XP and that's going on five years. They keep promising a new one. It's not like they don't have competitors with products of equal quality. In fact, many of their competitors give their software away for free.



Remember what the Judge said in 1995:





"This Court cannot ignore the obvious. Here is the dominant firm in the software industry admitting it `preannounces' products to freeze the current software market and thereby defeat the marketing plans of competitors that have products ready for market. Microsoft admits that the preannouncement is solely for the purpose of having an adverse impact on a competitor's product. Its counsel states it has advised its client that the practice is perfectly legal and it may continue the practice. This practice of an alleged monopolist would seem to contribute to the acquisition, maintenance, or exercise of market share. . . . "



Related Stories:


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Following Bill Gates' Linux Attack Money

Linux News: Does Microsoft's Monopoly Power Extend to Government and Media?

How Microsoft's Enterprise Desktop Stifles Linux and How to Fix it

Linux News Questions Microsoft's Need for a "Get the Facts" campaign?

Did Bill Gates Invent Linux and Has He Erased the Evidence?

Is Microsoft Buying Anti-Virus Companies to Undermine Linux? You Decide

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Comments (42)

OS/2 memories

Anyone else remember how OS/2 got started? I remember my wife bringing home a box of ten or so VHS tapes discussing a soon-to-be released multitasking operating system named 'OS/2,' and jointly developed by IBM and Microsoft. Then, a year or two later, around the time of the Win-3 explosion, MS jilted IBM at the altar.
They ended their joint venture with the "Division" but maintained their relationship with the PC Company. The PC Company treated the mother ship as if it didn't exist. They sold Windows and refused to sell OS/2. Major miscoordination inside management.

Also, we tend to think of IBM as a monolithic company. It's not. It's many companies headed off in different directions.

Some land of opportunity

I suppose I knew this all along. The guy who created Procomm made two million bucks selling it the first year as shareware. It was essentially free and if you wanted the thing to stop flashing pay me, you paid him. People used to make a lot of money in this business. No more. No more.

Where's the line between the OS and the applications now?

They should have busted them up.
It's a land of opportunity. The opportunity to steal from consumers and taxpayers. What's wrong with that?

a tin-foil cap view of the government's antitrust case...

To this day I am not convinced that the Clinton administration ever intended to win the antitrust case against Microsoft. Considering the things they left out, it's almost as if the whole thing was done for appearances only -- or worse -- to freeze out more filings by states.

I believe that the civil service came through -- too many Justice Department people are civil service workers protected against political pressure, as well as the independent Federal judiciary.

Of course, it all came to naught when the Bush administration refused to push its victory.

The one thing we'll never know is if a Gore administration would have done things any differently.

I rather doubt it.

It's obvious that MS and the rest of Corporate America has it's hooks so deep into the government that the administration's political affiliation is irrelevant.
Keep in mind, I only asked for six things. Tin foil hat and all. I think we're owed these things.

1. That the US Administrative branch to cease and desist from lobbying on behalf of Microsoft.

2. Congress to evaluate the administration's role with regard to Microsoft.

3. Microsoft be prevented from continuing or entering into preloading agreements.

4. A comprehensive review of Microsoft's political activities.

5. OEM manufacturers disclose their policies with regard to selling Microsoft products.

6. Separate schedules of payments to and from Microsoft and OEMs be disclosed immediately.

Not too much to ask for a company with $60 billion dollars in the bank.
You might get another brand new shiny tinfoil hat when the dust settles. I think that was the prize for the last go round.
I only ask one thing: The Fed.Gov stop spending money it doesn't have.
Tom -

I'm not so sure about 1 & 2.

The Federal government has a proper role to fill in furthering US trade abroad. That would include Microsoft as much as it includes General Motors and Dick's Special Recipe Beef Jerky. Although -- Microsoft is in a special place thanks to the antitrust findings.

As to a Congressional investigation -- I'm on overload. Yet another Congressional investigation. Wow. Great way to spend time and money for little or no results. I've got tons more faith in the Justice Department (civil servants, remember?) and the SEC (more civil servants). Congress, on the other hand, has lots of people who receive political contributions. Do you really want to see a Republican majority Congress investigating a Republican administration's relationship with a company headquartered in a Democratic state, run by a Democrat and a heavy spender with political dollars? I'm sure that would get to the root of...nothing.

Beyond that, however, my only quibble is number 3. Prohibiting pre-loads would greatly inconvenience a whole lot of people. That ain't gonna fly, no matter how just it is. However, prohibiting confidential agreements with OEMs, and prohibiting any agreement that prevents dual boot or in any way causes payments for the sale of non-preloaded machines sounds more than fair.
If it taxed Microsoft for Excess Accumulation of Earnings, it could do a bunch of stuff. It'll run that on little real esate businesses but not Redmond.

Tom -

I know nothing about that. What is it?
Bob, a little late, but, we are all asking for that.

building walls

LOL, Bush only builds walls, it's 'countries' he tears down.
Some wish he would build walls - like around the border.
it's between the tearing down and building that he gets confused domestically. Just can't seem to get it right. Must be the booze.
I blame the coke. That stuff messes you up for life.
Let's all do our patriotic duty and send Dubbyah cookies for Christmas.

Odd, U.S. interves on the side of MS against S. Korea ...

Where have I seen this before? Here? http://lxer.com/module/forums/t/20616/ No too wild, don't trust this guy, just fiction.

Then why does the justice Department make a direct play against a military ally and major trading partner on a trade issue where the courts in this country came to essentially the same conclusion? Furthermore, why now when MS has made threats to simply withdraw OS support would the pretty sharp legal types make such a move? Well, the only logical answer is the political types made the decision and a bad one at that. Perhaps too this might explain why the move towards Linux in China where the party hates the word free (freedom or any type synonym), which just might give the population some wrong ideas.

In a recent Groklaw article (http://www.groklaw.net/article.php?story=20051202135844482) near the end, there is a discussion of there being no proof of Microsoft intervention in the MA ODF dispute, however, here by inference there is no other reasonable explanation. MS was found guilty of the same offenses. The difference is the essentially sweetheart resolution here, though they are supposedly still under court supervision to be certain they do not repeat their pattern of bad behaviour - despite being caught again. Why else would the Justice Department become involved? Perhaps the State Department did not want to be dirtied by this effort?

What's your take?

Look For the Sign

There is a sign hanging over Washington. It reads "Influence for Sale". Could it be that MS is buying?
They had an auction and MS won.
You mean there's a sign hanging over Redmond that says "Votes for Sale".



Both.
> You mean there's a sign hanging over Redmond that says "Votes for Sale".

No, that one has the "for sale" crossed old and "SOLD" replacing it.
You're right. I wasn't looking.

So in order to fix things you're for making them worse?

While nobody in their right mind can argue with MS's anti-competitive actions, dragging the government into it is a joke.

First and foremost.... "Microsoft's tenacles reach in and around many people within the PC world to the extent they represent a pandemic. To extricate them, requires government intervention." ...... is not only wrong, it's borderline offensive. It's not the government's job, furthermore, if the government were to do the job that *WE* are supposed to do the end result will be a screwed up computer industry.

I doubt any of us want that. Getting rid of MS's dominance is a very real and achievable goal, but not at the demise of the computer industry. And that's exactly what'll happen if govt intervention is pushed for and actually happens. Look at what the government has done to healthcare. No thank you, I prefer having the ability to get affordable computers.

If this is your opinion tom, WTF are you using linux for in the first place? If you, and I... and anybody else who uses linux.... if all of our efforts are in vain, why are you(we) trying? Why do we all hand out knoppix disks if we quite simply cannot win? Why are you kicking linux users in the head? We keep making inroads into the market, and every passing day MS is sweating a little more...... and now you are telling us all that we should just stop. That we are wasting our time.

You don't deserve the web traffic you get for propaganda like this.
Did we read the same article? And the section you quote is completely out of context. Did you read the rest of the article, or just get that far and decide to flame? Seriously. The "government intervention" is from the justice dept. in the form of actually enforcing the current anti-trust laws, and congress looking into any possible collusion between current and past administrations interceding on the part of MS in an inappropriate manner. Certainly, nothing in the article suggested regulation of the computer industry, which is what you seem to be going on about.

But certainly, if the administration and/or congress are actively aiding MS, or even just turning a blind eye to any illegal activities they may or may not be engaged in, and we don't get that changed, then we've already lost. Unlike in the movies, the spunky underdog rarely wins when the big boys pile up on him.
halfmnhlfamazng: Under sound economic theory, governments regulate markets. Who else would you suggest? The inmates haven't done a very good job of regulating themselves, thus you have the Securities Act of 1933, the SEC Act of 1934, the Clayton and Sherman acts among others.

The US Government came very close to breaking up Microsoft once and they should finish the job. That can't hurt the industry. If it does, it wasn't an industry in the beginning. If we have to start over, then we should.

One gentleman said it very well: What opportunity?
HalfManHalfAmasing, I think you jumped the gun here. Contrary to what you are accusing tom of, I am sure that he doesn't want Government regulating the IT industry any more than you do. If you read and understood his articles, you would have noticed that.

Tom believes in enforcing the law. He is unhappy with the current government for their complacency by not enforcing the law. MS was convicted of breaking the law and was allowed to get away with it many times. We, as developers and advocates of FOSS, are striving very diligently to compete against MS and counter its illegal tactics, are we to keep idle ignoring this complacency? Certainly not. What Tom is talking about in this article is this persistent attitude by the government. This is not acceptable and he is letting us know the history and facts, so that, as citizens, we do something about it. One way is by writing to our reps. to either shape up or ship out. Is that bad? I don't think so. Those in government has responsibilities and if they are not going to be up to these responsibilities, they will be replaced, otherwise, we don't need the government.

I too not very hopeful about the government taking any serious initiative, but every bit helps to get rid of this monstrous illegal monopoly we have been plagued with for a long time. Please be more thoughtful next time.
While nobody in their right mind can argue with MS's anti-competitive actions, dragging the government into it is a joke.

Read the article more closely -- for that matter, try staying abreast of what the media as a whole continues to say about Microsoft and their good buddies, the [U.S. Federal] government. The government is already "dragged into it". The real point of the article is to get the government dragged out of it. That is, out of actively supporting Microsoft and into actively enforcing its own laws -- laws which Microsoft is not only convicted of actively violating, but continues to show no sign of doing otherwise, nor has any incentive of stopping as long as the government continues to lobby for them.

It's no secret that the Bush'es and the Gate's are good friends of multiple generations. Before Bush Jr. took over, it seemed certain that Microsoft, the convicted monopolist and anti-trust tortfeaser, was going to be a broken company... literally. Ironically, no sooner than the would be "Mr. President" raised his right hand and "swore" to support the laws of this country than did the DoJ reverse its push for breaking up Microsoft and, instead, suggest a list of menial "oversights"... "oversights" which amounted to little more than a "wristslap" composed of a warm handshake with both hands and a smile. At that time did the "government" drag itself through the doors of the Microsoft "gentlemens' club" and take on the mantle of Microsoft defender.

It's not the government's job, furthermore, if the government were to do the job that *WE* are supposed to do the end result will be a screwed up computer industry.

Then what is the government's job, if not to enforce its laws and ensure that the country's "free trade" and "fair competition" based economy is maintained and adhered to... BY ALL?!? Since Bush's re-election Microsoft seems to have become even bolder as the government's two hands stay even more warmly clasped around the right hand of Bill. We've read about numerous anti-competition "goings on" around the world regarding Microsoft: EU, Australia, South Africa, Japan, Korea and more, and everywhere there has been the U.S. putting in its two bits for Microsoft. Why is that?

Another of the [U.S. federal] government's "jobs" is the regulation and taxation of foreign commerce (foreign companies doing business in the U.S. and visa-versa) -- thus being, in fact, not only its principal reason to exist but also its principal source of revenue. One could, therefore, surmise, though incorrectly, that the government has a vested interest in helping Microsoft (any U.S. company for that matter), with its troubles abroad. Afterall, Microsoft is one of the "richest" companies in the world, ranking 203rd on Forbes' "Top 2000" list for the world in terms of assets, though on this basis there are @ 55 other U.S. companies over it (my quick counting may be off by one or two). Yet, I do not recall much media coverage regarding the U.S. sticking its nose into the troubles of those companies abroad -- er, is it because those big companies are not as arrogant, pushy, and "above the law" feeling as Microsoft and, therefore, do not get into as much "trouble"? Not likely! In any case, it is not "assets" which the government gets to tax but, rather, profits.

In terms of "profits", Microsoft ranks 12th on the same list, with eight other U.S. companies topping it. In the number 1 spot is ExxonMobil, another company which has a track record of difficulty keeping itself out of hot water yet, which this government has upheld a similar track record of "no holds barred" over putting the stick to! Obviously, merely protecting "vested interests" is not a compelling force in the government's support of its 9th most taxable domestic revenue source! In the case of Microsoft, unlike with Exxon (not to mention, a couple of the other Microsoft beaters on the profit list), the government is clearly not doing its job by putting shackles on Microsoft, rather than the warmly clenched hands which it currently puts forth.

I doubt any of us want that. Getting rid of MS's dominance is a very real and achievable goal, but not at the demise of the computer industry.

I have a friend who is fond of saying he "votes with his wallet" (er, just not in the same sense that Microsoft does ;) ). "Getting rid of MS's (sic) dominance" in this way is certainly preferable in a "free economy" to the government "doing its job" and enforcing "competitive practices". Yet, when the government also refuses to that job in the case of a clearly malicious "competitor" and market dominator, there is no way to make such a "vote" that does not still directly benefit the "voted against". In the end, the consumer may have their "choice", but that choice was in fact not "free", nor "cost effective".

The point the article makes is clear and correct: the effect of such a "vote" currently bears no consequence to Microsoft -- you buy a "preloaded" computer, you pay MS regardless of what you eventually might "overload" on to it. Paying twice for a "choice", is no "choice" at all, it is an election with forced consequences. Yes, there has been much bally-hoo in recent years over offers of PCs "preloaded" with Linux; yet, until very recently those have all been from small 2nd and 3rd tier "players"... "players" who don't "deserve" the big discounts MS baits its OEM contracts ("taxes") with in the first place.

The most recent announcements by Dell and HP so far amount to 'naught. In the case of HP, at least, they have a vested interest of their own in Linux, but truly little motivation to make a big play with "Linux preloaded" as long as they still have to bite it with MS' "OEM tax". Until the government "drags itself out of" the MS camp and, instead, truly enforces the "fair trade"/"fair play" standards on which this country was founded, upon MS, not only will "Linux preloads" continue to be relegated to niche corners of the PC marketplace where the "MS tax" has little bite, but the "freedom to choose" your O/S will continue to be both costly and at risk, or obtainable only by the technophile, the geek, and the grassroots "elite".

Yes, I "vote with my wallet" and use Linux -- and will continue to do so as long as the choice and "freedom" remains mine -- not only because it is technically superior in my eyes, but also because my freedom to do so is equally, if not more so, important to me. Yet, I am also one of the fortunate minority, among one of those aforesaid "groups", with the ability to circumvent the "MS tax" almost completely by "white boxing" for myself. Though, in the case of my laptop... MS' tentacles still got to reach deep into my wallet... an "election", not a "choice".
RE: Getting the Government in the middle of IT

I believe that the government governs best by governing least.

I was not convinced that we needed the antitrust trial against Microsoft, that it would fall to its own hubris.

I'm still not convinced that we needed the antitrust trial, but we got it and Microsoft was found to have a monopoly that it abused in anti-competitive ways.

That finding of fact, upheld by a unanimous Appeals Court, changes everything.

That finding obligated the government to act, to restore some semblance of competitive balance.

The government has failed miserably.

Unfortunately, I'm not sure what the answer is, as Microsoft has a PILE of influence in the government. I believe that the antitrust trial went the way it did only because we have civil service protected people in the Justice Department and an independent Federal Judiciary. I don't think the Clinton administration wanted to handcuff Microsoft any more than the Bush administration did. Microsoft owns the state of Washington, and, as we saw, carries a lot of weight in Massachusetts, both Democratic strongholds. For that matter, Bill Gates is a Democrat!!

No white knights on the horizon -- unless -- we can convince somebody that there are enough votes in these issues to tip an election somewhere.



While I agree with many points, I'm not a libertarian. I do see the advantage of less government but not always. I'm also challenged by the less government argument when it comes to effective government and formal ethics. Under Aristotle, we need a market without "insiders" having more information that every one else. That creates an unfair market. Commodities and fungible goods should reside in efficient markets.

In fact, people rarely know when an unfair market exists. So, ethics should guide and regulation should follow ethics.

Regulators have failed the technology markets. That's it in a nutshell.



---------Under sound economic theory, governments regulate markets. Who else would you suggest?------------

You and I. It was not the government who took down Enron. And it won't be the government who takes down MS.
halfmnhlfamazng: Enron ran out of cash. Enron wasn't a monopoly. Enron isn't Microsoft.

But, the government took down Standard Oil, AT&T, shuddered the old IBM, de-regulated many industries. We don't often have monopolies. But when we do, it's their job.

The wheels of Government's are huge and powerful, but many times are too slow and not very effective. Governments are effective when they enforce the laws that are in existence.

So far, the government has failed against MS. "You and I" can't face MS alone for obvious reasons, and the government is what we have to resort to for proper actions to be taken. To achieve the desired results, neither people nor government alone can, but the combination of both will.
------------We don't often have monopolies. But when we do, it's their job.---------------

I disagree. Especially when we are doing such a good job of getting into the market. We have IBM, Sun, Apple, and all of these other companies on our side. Game makers are increasingly starting to let out news reports about linux ports, and we have a graphics company(xgi) who is seriously considering open sourcing it's entire driver. Etc. Etc. Etc.

It's our job. And we're doing it damn well.
half --

Had we never gone to court, I would agree with you. We did, however, go to court and Microsoft was found to illegally abuse its monopoly, a finding so clear that it was upheld by a unanimous Court of Appeals.

Linux certainly has done a fine job of getting into the server and embedded systems markets, but the desktop remains a vast wasteland. Given Linux success stories around the world, lack of traction in the United States looks a little fishy.

Not that it's a slam dunk.

A case could be made that all of US industry is falling into the same trap that battered the US steel industry after WWII. The Japanese, having to rebuild their entire industry, rebuilt with the latest and greatest basic oxygen process technology, while US companies held on to their old inefficient open hearth plants. American steel took it on the chin.

The US was the first country to computerize on a massive scale. Perhaps we're just being fat, dump and happy while the rest of the world prepares to land another haymaker.

In that case, the government could, at the very least, lobby for change in cases like the Massachusetts ODF fiasco. Last I looked, protecting US interests in foreign trade was a very legitimate government activity, albeit one with a different set of tools.

Good ol' payola still works...

The payola system is alive and well, but now it is clear that the payola club has gone from two to three member organizations - oil, weapons, and Microsoft. Our government will look after those industries if it means invading another country. Look out South Korea - when we're done with Afghanistan, Iraq, and Iran, you're next on the list! I mean, how dare they think they have a right to a fair market in computer software?

The finest legislators money can buy !!!

And you think this will change that? Be serious!!! Money talks. And they will spend whatever is necessary to keep the status quo.

OK. Ask Congress to answer the six simple requests requests in this article:

http://lxer.com/module/newswire/view/50179/index.html
Sent to Senator Cornyn of Texas via registered snail mail this morning. Will post any response received via exclusive article for LXer.
Gracias Amigo loco!

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