On Sat, 2004-09-11 at 08:48, perrin wrote:
> Unfortunately, I wouldn't wish a legal battle with Microsoft on anyone
> -- particularly anyone that would want to challenge their EULA in court.
Actually, I would. Big companies lose all-the-time.
Microsoft might have gotten its injuncture on Robertson and his
LindowsOS in the EU, but Microsoft had the serious threat of losing
their Windows trademark here in the US. Most people don't know that
Microsoft was _denied_ the trademark by the USPTO on the first attempt
-- before "lobbying" to see otherwise.
The Linspire name came about because of the European ruling, but then
the US review came in. As such, Microsoft bought off Robertson to make
the name change in the US as well. So there was nothing pushing the
USPTO any longer.
It's about money. If a big entity thinks they can screw over a little
guy to the point where the little guy can't spend the money to fight
them, they will. It happens _all_ the time.
Unfortunately for Microsoft, Robertson had enough money to fight them.
Digital Research did not, but once Caldera got ahold of them, they had
enough as well (at the time).
It's at the very foundation of why IBM decided to screw over SCO. SCO
should have sued in 2001, instead of waiting until 2003. Now they've
just sealed their fate. IBM also has the 1-2 combination of money _and_
patents, so it's very difficult to beat them once they consider you a
"competitor."
Microsoft is building a patent portfolio modeled after IBM. And because
of Windows, they have the ability to do it right in every agreement they
sign. The DOJ settlement might have been able to protect PC OEMs, but
not the actual manufacturers of hardware and major software vendors.
Right now the only "true friend" I see of Linux is HP. Started by a
bunch of [traditional] engineers, they continue to think like such.
It's about the only firm I see that puts engineering first, business
second, even if it costs them the marketshare.
-- Bryan J. Smith b.j.smith@ieee.org ------------------------------------------------------------------ "Communities don't have rights. Only individuals in the community have rights. ... That idea of community rights is firmly rooted in the 'Communist Manifesto.'" -- Michael Badnarik----------------------------------------------------------------------- This list is provided as an unmoderated internet service by Networked Knowledge Systems (NKS). Views and opinions expressed in messages posted are those of the author and do not necessarily reflect the official policy or position of NKS or any of its employees.
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