__/ [ Rafael ] on Monday 11 June 2007 11:29 \__
> Roy Schestowitz wrote:
>> [H]omer on Monday
>>
>>> Verily I say unto thee, that Roy Schestowitz spake thusly:
>>>
>>>> GPLv3 is quite a tragic event for Microsoft. At least it
>>>> managed to take down Xandros before the licence came out
>>> Won't do them any good. Unlike Microvell, Xandros missed the
>>> "Grandfather clause" deadline.
>>>
>>> dd if=/dev/zero of=/dev/null
>>
>> Yes. The end of March. March of death, anyone?
>
> I can't vouch for Microvell or Xandows, but here is something
> interesting that I don't know the real significance of.
>
> http://cyber.law.harvard.edu/msdoj/2002/FinalDecree.pdf
>
> UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
>
> STATE OF NEW YORK, et al., Plaintiffs v.
> MICROSOFT CORPORATION, Defendant.
>
> Civil Action No. 98-1233 (CKK)
> FINAL JUDGMENT
>
> Page 27
>
> [quote]
> The United States Court of Appeals for the District of
> Columbia Circuit having affirmed the District Court?s finding of
> liability against Microsoft for violation of § 2 of the Sherman
> Act and the state law counterparts to § 2 of the Sherman Act in
> the states of California, Connecticut, Florida, Iowa, Kansas,
> Minnesota, Utah, and West Virginia, the Commonwealth of
> Massachusetts, and the District of Columbia, and having remanded
> to this Court for an order of remedy; and
>
> Upon the record of trial and all prior and subsequent
> proceedings herein, it is this 1st day of November, 2002, hereby
> ORDERED, ADJUDGED AND DECREED as follows:
>
> <SNIP>
>
> V. Termination
>
> A. Unless this Court grants an extension, this Final Judgment
> will expire on the fifth anniversary of the date on which it
> takes effect.
>
> B. In any enforcement proceeding in which the Court has found
> that Microsoft has engaged in a pattern of willful and systematic
> violations, the Plaintiffs may apply to the Court for a one-time
> extension of this Final Judgment of up to two years, together
> with such other relief as the Court may deem appropriate.
> [/quote]
>
> If I am reading this correctly, unless otherwise extended by the
> court, those sanctions against Microsoft initiated November 1,
> 2002 will expire on November 1, 2007.
>
> Perhaps someone here may be able to share the significance or
> non-significance of this here.
It would have been very fascinating if it was to expire on November 1st/2nd
of 2006 because Microsoft and/or Novell announced an urgent press release
just the same day or the day before the deal was struck, on November 2nd.
Bear in mind that they secretly negotiated for about 6 months prior to this.
The timing of the Fortune article on so-called patent violations (Sunday May
14th, IIRC) is no coincidence either. A one-page report was written to point
out that it was carefully written to intensify drama. Microsoft must have
worked on this together with Forbes, which is known to be anti-Free software
and employ astroturfers such as Dan Lyons.
--
~~ Best of wishes
Roy S. Schestowitz | "Avoid missing ball for higher score"
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