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All Things Microsoft => Microsoft as a Company => Topic started by: Xeen on 17 March 2004, 01:33

Title: MS makes unresonable demands to Lindows
Post by: Xeen on 17 March 2004, 01:33
Last month Microsoft won against Lindows in Europe, forcing Lindows to change their name there. (Though its still Lindows here in the US). Now Microsoft is demanding the court makes Lindows pay 100,000 euros per day until they block all of elgium, the Netherlands and Luxembourg from visiting Lindows.com

Is it just me or is Microsoft now going up in its stupidity/greed level?

Article (http://story.news.yahoo.com/news?tmpl=story&cid=75&ncid=738&e=6&u=/nf/20040316/tc_nf/23359)

[ March 16, 2004: Message edited by: xeen ]

Title: MS makes unresonable demands to Lindows
Post by: KernelPanic on 17 March 2004, 01:38
quote:
Michael's Minute: Can I Answer My Phone Without Paying $124,000?

After the revelation last week that Microsoft seems to be playing a role in funneling cash to SCO to attack Linux, it should be obvious to even the most casual observer that Microsoft will do anything to try to halt Linux. This shouldn't surprise anyone, given Microsoft executives' track record of breaking the law, and the many books chronicling their unethical behavior over the last two decades. Routinely we see Microsoft threatening companies that we interact with in the computer business who want to support desktop Linux by withholding technical support, withdrawing market development funds, threatening lawsuits, and more.

In our own battles, Microsoft is trying to shut us down using any tactic, and since our web site is our outlet to the world, they have attacked us there. Two years ago they asked a US court to shut down our website, and they were denied. They tried again in the US and again they were denied. More than a year later, they snuck off to Finland and with no notice to us, and asked the courts there to block the Lindows website. (They did not reference the US actions.) At this point, Lindows did not know that Microsoft had filed papers in Finland, so we were not able to oppose them. The Judge blocked sales of Lindows to their citizens, but refused to block the web site. Microsoft did not let us know about this ruling. They then took this ruling to Sweden and asked the courts there to block our web site and sales. Again the Judge refused to block web site, but did block sales. Once again, Lindows was not given any notice and was not able to oppose their actions. (When the rulings are
  made absent of the other party to oppose, this is called an ex-parte ruling.) Once we discovered the courts' rulings we went to both of those courts asking them to reconsider. These appeals are under way.

From there, Microsoft went to the Netherlands. Ironically, in the land where heroin and prostitution are legal, they found a jurisdiction to rule that simply viewing the Lindows.com website is forbidden and demanded that we block it. Microsoft knows there is no way to effectively block only residents of the Netherlands, short of shutting down our  website to all visitors worldwide. They are asking the court to fine us $124,000 per day for every day that Dutch citizens can view our website, which a small company like Lindows can obviously not pay. (For the record, our total sales in the Netherlands are a small fraction of that $124,000.) Microsoft's $60 Billion in the bank provides them with a virtually unlimited legal budget, they can simply sue and sue again until they win.

This conflict has now morphed into something much larger than a trademark squabble and may determine who decides what consumers can see on the Internet. You are witnessing how an established company can simply sue another company that threatens it in country after country until they achieve the outcome they desire. Since web sites are globally reachable, companies have 191 countries, or 191 attempts, to get the outcome they desire. After 5 tries, Microsoft located a court which would give them what they want. Now Lindows.com is forced to not-comply and risk massive financial penalties or shutdown our entire website.

I want to be clear about our position. We are not disputing the jurisdiction of the Netherlands. I believe it's important to honor the rule of law. After the ruling against us, we put up a notice on every page of our web site. We halted both digital and physical sales from Lindows to the affected countries. We removed links on our website to our resellers in those countries. We sent out notices to our resellers. But the bigger question is this: just because our servers are connected to the Internet, does that mean that anyone else connected to the same wires can dictate what we do with our servers in the US?

Would it be OK for a foreign Judge to rule that if someone calls my U.S. office from another country that I cannot utter the word 'Lindows' when I answer the phone, simply because our phone lines were connected, making such a call possible? Worse yet, if I answered the phone would I incur a fine of $124,000 per day? Our phones may be connected to some of the same wires that a web visitor would travel when connecting to the Lindows.com web site. If they can insist a web site be shutdown so their residents cannot access it, why not the phone system as well? It sounds preposterous, but it is what seems to be unfolding in the Netherlands, and every Net citizen should be worried. We may be headed to a world where rich companies can shop around, looking for a friendly court and use that to ban content, ideas, products and choices which they may disagree with.

-- Michael
Title: MS makes unresonable demands to Lindows
Post by: Stilly on 17 March 2004, 04:17
thats really shitty of MS
Title: MS makes unresonable demands to Lindows
Post by: hm_murdock on 17 March 2004, 10:06
The Lindows dudes should just change their name... then MS can't dog em anymore.
Title: MS makes unresonable demands to Lindows
Post by: Xeen on 17 March 2004, 18:48
quote:
Originally posted by jimmyjames.sytes.net:
The Lindows dudes should just change their name... then MS can't dog em anymore.


Oh of course, just give in to the big bully and make them think that they really can get away with anything.
Title: MS makes unresonable demands to Lindows
Post by: hm_murdock on 17 March 2004, 20:50
Let's see

as it stands, MS could run them outta money, and the whole operation will be for naught.

OR

they could change their name and survive

which seems the better choice?
Title: MS makes unresonable demands to Lindows
Post by: Xeen on 17 March 2004, 21:12
They're not gonna loose money because I really don't think the court is gonna go for making Lindows block all Europeans from accessing their site. It's the most retarded idea I've ever heard. But if the courts do agree with MS, money wouldn't be a problem if I were in charge of Lindows. I'd want to kill myself out of embarassment for living on the same planet as those judges.

By the way, whatever happened to the good old jury court system. All I hear lately is that "the judge said this" and "the judge ordered that". Since when does the judge decide matters instead of juries?
Title: MS makes unresonable demands to Lindows
Post by: hm_murdock on 17 March 2004, 21:52
In Europe, judges decide it quite often.

Also, juries decide verdicts. Judges decide sentences, remedies, et cetera. Judges preside over trials and operations. Part of their duty is to exercise sentences after they are pronounced.
Title: MS makes unresonable demands to Lindows
Post by: zooolooo on 18 March 2004, 02:40
quote:
Originally posted by xeen:
By the way, whatever happened to the good old jury court system. All I hear lately is that "the judge said this" and "the judge ordered that". Since when does the judge decide matters instead of juries?


Judge and jury are for criminal cases, just a judge for civil cases.
Title: MS makes unresonable demands to Lindows
Post by: hm_murdock on 18 March 2004, 04:29
yes... that too
Title: MS makes unresonable demands to Lindows
Post by: Doogee on 18 March 2004, 15:33
i reckon they should just change their name.
Title: MS makes unresonable demands to Lindows
Post by: Xeen on 18 March 2004, 17:27
In that case Billy should go sue all these people:
http://tinyurl.com/ywk8h (http://tinyurl.com/ywk8h)

EDIT: Link too long

[ March 18, 2004: Message edited by: WMD ]

Title: MS makes unresonable demands to Lindows
Post by: Doogee on 18 March 2004, 17:41
Fix that up, it's made forum layout fucked.
Title: MS makes unresonable demands to Lindows
Post by: WMD on 19 March 2004, 00:30
^ Have done.

Yahoo seems to be messed up today anyway, I can't view the link.  :(
Title: MS makes unresonable demands to Lindows
Post by: young1024 on 20 March 2004, 05:03
You know... I think Bill Gates is an idiot. Lindows is a different name from Windows, so no point suing for a similar name... Yep, it's greed.

Oh well, I always thought that Lindoze sucked. Forcing people to PAY for OPEN-SOURCE software... Lindows is also going through a stage of greed, making a cheap copy of Windows that sucks twice as much, for the losers that just want to "be different" for no reason at all.
Title: MS makes unresonable demands to Lindows
Post by: WMD on 20 March 2004, 05:13
quote:
Originally posted by young1024:
Oh well, I always thought that Lindoze sucked. Forcing people to PAY for OPEN-SOURCE software... Lindows is also going through a stage of greed, making a cheap copy of Windows that sucks twice as much, for the losers that just want to "be different" for no reason at all.


Well I myself support paying for open source (though I don't think forcing by law is the best way).

And why does Lindows suck?  Because it's for AOLers (or whatever you call them)?
Title: MS makes unresonable demands to Lindows
Post by: young1024 on 20 March 2004, 06:37
quote:
Originally posted by WMD:


Well I myself support paying for open source (though I don't think forcing by law is the best way).

And why does Lindows suck?  Because it's for AOLers (or whatever you call them)?



 No, I fully support paying for open source. Software is the developers' work, and they deserve to be rewarded for it. I just don't support software created just for money. The companies that create this type of software almost never think of the comsumer. Think Microsoft.

 The people that created Lindows say that they are SO cool, because they are rebels. They say that they are for people who want to be different from the evil Microsoft. However, they are lying. Lindows is just like Windows, but with Linux software instead of Windows.

 Lindows sucks because they are a mini-Microsoft.
They are missing the entire point of open source. They are exploiting Linux for proprietary uses! I mean, these developers turned Linux into a quick money-making scheme. They even charge for normally free downloads at "Click-n-Run"!

 I am sorry if I offended you, WMD (I was ranting back there.) I just can't STAND to see Linux being exploited by greedy hypocrites.
Title: MS makes unresonable demands to Lindows
Post by: restin256 on 20 March 2004, 07:00
Yes, the better way to be respected for hacking is to ask people for money, not to demand it for use of the product.
Title: MS makes unresonable demands to Lindows
Post by: Commander on 28 March 2004, 08:29
microsoft and bush have a lot in common.....
rich, greedy, hypocritical bastards   ;)
Title: MS makes unresonable demands to Lindows
Post by: WMD on 28 March 2004, 08:33
quote:
Originally posted by restin256:
Yes, the better way to be respected for hacking is to ask people for money, not to demand it for use of the product.


Interestingly enough, as true as this seems with Linux companies, many find it impossible.  :rolleyes:
Title: MS makes unresonable demands to Lindows
Post by: restin256 on 28 March 2004, 09:58
RedHat and SuSE have been doing it fine. Sure, there are some other companies who don't do it so well, but still
Title: MS makes unresonable demands to Lindows
Post by: KernelPanic on 29 March 2004, 20:21
U.S. Lindows Judge Proposes Compromise (http://www.eweek.com/article2/0,1759,1554134,00.asp)

 
quote:
The battle between Lindows.com Inc. and Microsoft Corp. over the Lindows trademark took an interesting turn today when U.S. District Judge John Coughenour in Seattle proposed a deal in which Microsoft can proceed with an appeal of his earlier ruling that a jury must decide whether "windows" had been a generic term before it was trademarked and Microsoft would cease its efforts to get foreign courts to stop the sales of Lindows until the U.S. case is decided. [...]
Title: MS makes unresonable demands to Lindows
Post by: Pyrotechnician_2004 on 30 March 2004, 23:26
quote:
Originally posted by Tux:
U.S. Lindows Judge Proposes Compromise (http://www.eweek.com/article2/0,1759,1554134,00.asp)


Very good to hear, I also don't see why Microsoft should ban all purchasing of Lindows in Europe, that would be so retarded! just because they use the name "Lindows" doesn't mean they are trying to take the Windows name from Microsoft, anyway, Bill Gates is a greedy arsehole who deserves to be locked away in a cell far away from society.

Bill Gates has made such a crappy OS that I think I will stop arguing against it all together, my point is that Microsoft & Bill Gates never cared what the consumers wanted, they are just making the software for the money, I bet that Bill Gates doesn't even use Windows at home!

Basically, all those Windows users out there, he is laughing in your face when you get problems & have to re-install

Microsoft - Low-Life Cunts    :D

[ March 30, 2004: Message edited by: WMD ]

Title: MS makes unresonable demands to Lindows
Post by: Pyrotechnician_2004 on 30 March 2004, 23:28
quote:
Originally posted by Commander - useSuse:
microsoft and bush have a lot in common.....
rich, greedy, hypocritical bastards    ;)  



Agreed  :cool:
Title: MS makes unresonable demands to Lindows
Post by: preacher on 31 March 2004, 01:40
If I was Lindows, I would change my name to Licrosoft...........lol
Title: MS makes unresonable demands to Lindows
Post by: snesfreak on 31 March 2004, 06:56
quote:
Originally posted by Sex_Pistols_Fan_Linux_RuleZ_Windows:
Bill Gates is a greedy arsehole who deserves to be locked away in a cell far away from society.
[ March 30, 2004: Message edited by: WMD ]



Yeah, he needs to go to Federal POUND ME IN THE ASS  prison! Send Ballmer too, he'd probably like it.
Title: MS makes unresonable demands to Lindows
Post by: Pyrotechnician_2004 on 31 March 2004, 19:13
quote:
Originally posted by ThePreacher:
If I was Lindows, I would change my name to Licrosoft...........lol


Even better than Lindows! hahaha  :rolleyes:
Title: MS makes unresonable demands to Lindows
Post by: DrDoog on 6 April 2004, 15:36
to my knowledge they just called themselves ---dows for those three countries and started a petition. sadly, i can't find the link to "---dows" anymore. if anybody can, please tell me.
Title: MS makes unresonable demands to Lindows
Post by: Refalm on 6 April 2004, 23:05
http://www.lin---s.com/ (http://www.lin---s.com/)

But it's gone now. Lindows is forbidden to sell their products in The Netherlands, Belgium and Luxembourg.
Title: MS makes unresonable demands to Lindows
Post by: Xeen on 7 April 2004, 01:50
quote:
Originally posted by Refalm:
Lindows is forbidden to sell their products in The Netherlands, Belgium and Luxembourg.


  :eek:    :eek:    :eek:    :rolleyes:    :confused:  

Guess that makes Billy Gates dictator of the world.   :(
Title: MS makes unresonable demands to Lindows
Post by: Mandrake on 8 April 2004, 18:45
Greedy bastards.. Billy and Ballmer should be shot! Thankfully, we have the Mac and Linux :)
Title: MS makes unresonable demands to Lindows
Post by: Stilly on 9 April 2004, 06:56
quote:
Originally posted by xeen:


   :eek:      :eek:      :eek:      :rolleyes:      :confused:  

Guess that makes Billy Gates dictator of the world.    :(  



yep, now that one of the less liked distros of linux is banned in a few countries bill gates is dictator of the world
Title: MS makes unresonable demands to Lindows
Post by: WMD on 9 April 2004, 08:05
^ heh, good point  :D
Title: MS makes unresonable demands to Lindows
Post by: Claris on 9 April 2004, 20:25
quote:
Originally posted by Commander - useSuse:
microsoft and bush have a lot in common.....
rich, greedy, hypocritical bastards    ;)  



Hey, everyone! Let's turn this topic into a stupid political debate! Relevancy and rationality be damned!   :rolleyes:
Title: MS makes unresonable demands to Lindows
Post by: KernelPanic on 12 April 2004, 19:24
Microsoft win (http://news.bbc.co.uk/1/hi/business/3607255.stm)
Title: MS makes unresonable demands to Lindows
Post by: RIAA_blows on 13 May 2004, 04:50
www.linspire.com (http://www.linspire.com)

 :(  :(    (http://graemlins/thumbsdown.gif)