Comments on: Pamela Jones: It’s Goodbye to Mandriva (Updatedx2)

By: Roy Schestowitz

Roy Schestowitz — Tue, 05 Feb 2008 00:32:41 +0000

I’ve just contacted Peter Brown. Someone will hopefully shed some light on this.

By: W. Anderson

W. Anderson — Mon, 04 Feb 2008 23:08:34 +0000

Look Dean,

I stated what patent and trademark attorney have conveyed to me, through business projects and contact requirements.

Let me reiterate – the institutions mentions in my previous comment can be contacted by you or anyone in regard clarifying various legal issues with regard these “deals”.

You need to take steps and responsibility for yourself in getting more educated on this topic. I did for me – in line of business.

There is no need for me to “back up” what I said were my experiences, since you can likewise do research and homework.

By: Dean Pannell (aka dinotrac)

Dean Pannell (aka dinotrac) — Mon, 04 Feb 2008 17:51:19 +0000

>You cant just sit at home and hope someone – through a blog – is going to provide such education.

Seems to me that you are the one who made an assertion and that you are not willing to back up.

By: Roy Schestowitz

Roy Schestowitz — Mon, 04 Feb 2008 03:49:33 +0000

If you must pay to get good, qualified legal advice and consultation, especially in regard major FOSS investment, then it is worth the effort.

For that type of thing, funding would be needed and the personal return would be almost none. I know some people in the FSF, so maybe I should inquire.

By: W. Anderson

W. Anderson — Mon, 04 Feb 2008 03:30:57 +0000

Hey Guys!

Get busy and research these situations through “creditable” and “reliable” sources. Time and effort are required for any project.

Contact Consortium.info and the Software Freedom Law Cente, at least. If you must pay to get good, qualified legal advice and consultation, especially in regard major FOSS investment, then it is worth the effort.

For Mandriva/Turbo Linux deal, the Free Software Foundation – Europe is a good start.

You cant just sit at home and hope someone – through a blog – is going to provide such education.

By: Roy Schestowitz

Roy Schestowitz — Sat, 02 Feb 2008 00:38:10 +0000

S/He (Anderson) said; “Trademark and Patent attorneys with whom I have talked extensively on this topic “unanimously” agree…”

If there are some quotes of names to add here, that may be useful, particularly if they speak directly about Turobolinux, Mandriva, or Manbo. IANAL, so I’m interested.

By: Dean Pannell (aka dinotrac)

Dean Pannell (aka dinotrac) — Fri, 01 Feb 2008 21:13:58 +0000

So…where does one find the opinion of “most other Patent/Copyright/Trademark attorneys”?

Care to share?

By: W. Anderson

W. Anderson — Fri, 01 Feb 2008 19:56:00 +0000

To: Roy Schestowz

Yes, It is confusing for those who are trying to rationalize that all these weird “software patent deals” and “nebulous agreements” are anything other than attempts by Microsoft and others – including signatories to these crazy deals for only purpose of getting funding, to subvert FOSS and the GPL.

If the Software Freedom Law Center and most other Patent/Copyright/Trademark attorneys in USA say these deals hurt FOSS/GPL, why would you think otherwise, no matter what all the techno pundits say or think. They are running on emotion and guess-work, not reality or “true” legal knowledge of the situations.

By: Roy Schestowitz

Roy Schestowitz — Fri, 01 Feb 2008 17:14:24 +0000

Trademark and Patent attorneys with whom I have talked extensively on this topic “unanimously” agree that such deal can and probably does indeed “negatively” impact Linux and it’s users, in legal ways that those persons who dismiss such claim possibilities have no legal knowledge or understanding.

Could you please elaborate on this as much as possible? We wish to bring to light the reality of this deal now that it has sort of been shelved and people forgot about it, regardless of the consequences. Also, do read this newer interview from LinuxToday:

http://boycottnovell.com/2008/01/20/mandriva-jvc-clarification/

I am not sure what to think anymore. Brian, who is very conservative in many regards, does not seem to have much trust.

By: W. Anderson

W. Anderson — Fri, 01 Feb 2008 17:06:34 +0000

Most of those commenting on the Mandriva-TurboLinunux are grossly naive and selfish or simply do not care that such deal is against the GPL or Free/Open Software Software (FOSS) and model in principle.

Trademark and Patent attorneys with whom I have talked extensively on this topic “unanimously” agree that such deal can and probably does indeed “negatively” impact Linux and it’s users, in legal ways that those persons who dismiss such claim possibilities have no legal knowledge or understanding.

In fact many may be Microsoft groupies more that true supporters of the FOSS, and see only the benefits and advantages of Free software – at the moment – and without any regard for it’s health and continuation.

W. Anderson
wanderson@nac.net

By: Roy Schestowitz

Roy Schestowitz — Fri, 01 Feb 2008 04:09:32 +0000

Some people honestly perceive GNU/Linux as “cheaper Mac OS” or “cheaper Windows”. They don’t bother to understand what put Free software where it is today.

By: Jim Reddeck

Jim Reddeck — Fri, 01 Feb 2008 02:04:11 +0000

_______________
Stan Kain said,

W. Anderson: You are free to call my attitude “ignorance,” if you so choose. The bottom line is that if something doesn’t work, I’m not going to be using it. There are many “free” things in the world, but unless they fulfill some need I have, I don’t embrace them. Likewise, it’s very difficult to convince a Windows user that they should switch to Linux, even though they can’t get wireless to work, or any number of other functions.
______________

Shame that some users are so myopic, self-centered and narcissistic that they cannot see the long-term implications of using only what satisfies their immediate needs. The immediate annoyances and inconveniences of migration to GNU/Linux and maybe even some commercial opensource apps will have a long term benefit to the consumer that this user apparently cannot see. Where does he think we would be if early Winapp users felt the same way?

Shallow and unimaginitive thinking…….

By: Roy Schestowitz

Roy Schestowitz — Fri, 18 Jan 2008 18:32:26 +0000

Some of the following may be out of date, but you might find them interesting nonetheless:

Microsoft Hides Its Mobile and Business Apps Divisions

,—-[ Quote ]
| The company is folding its two worst-performing divisions — Microsoft
| Business Solutions (its business applications unit) and its Mobile and
| Embedded units — into the Microsoft Business Division and Microsoft Home
| and Entertainment units, respectively.
`—-

http://www.microsoft-watch.com/article2/0,1995,1990243,00.asp?kc=MWRSS02129TX1K0000535

A Dozen Stocks For ’07

,—-[ Quote ]
| Millen also thinks $36 billion in planned share buybacks
| will help the stock.
`—-

http://www.forbes.com/2006/12/05/stocks-markets-investing-pf-ii-cz_ag_1205stockpicks.html?partner=yahootix

Microsoft counts on Vista to recharge stagnant stock

,—-[ Quote ]
| There was a time in the 1990s when shares of Microsoft stock seemed to
| double every couple of years. 1996: college for the kids. 1998: a place
| on Whidbey. 1999: early retirement.
|
| Times have changed.
`—-

http://seattletimes.nwsource.com/html/businesstechnology/2003437957_vista19.html

Commentary: Microsoft needs more than just buybacks to lift its shares

,—-[ Quote ]
| Microsoft shares, which have been dormant for the last few years,
| have been looking up over the last couple months. The Dow industrials
| component has gained about 20% since hitting a 4-year low of $21.46 o
| June 13.
|
| To help move things along, Microsoft not only launched a $40 billion
| stock repurchase program that lasts through 2011, the company also said
| its previously announced 4-year, $30 billion stock buyback program was
| completed in just 2 years.
`—-

http://www.marketwatch.com/News/Story/Story.aspx?guid=%7B685EFB89%2D5791%2D4E8B%2DAD6A%2D9688F5B6012A%7D&source=blq%2Fyhoo&dist=yhoo&siteid=yhoo

Software Notebook: Microsoft’s cash pile isn’t what it used to be

,—-[ Quote ]
| But Microsoft has taken a series of steps to reduce its cash
| balance. Specifically, by Microsoft’s count, the company has
| paid out nearly $100 billion through dividends and repurchasing
| its own stock in the past five years.
`—-

http://seattlepi.nwsource.com/business/309852_software02.html

The Secret Failures of Microsoft

,—-[ Quote ]
| There is no choice involved; even most Linux users are forced to pay for a
| Microsoft license in order to obtain a brand name PC.
|
| [...]
|
| They are bound to an oath to swear allegiance to Windows XP Professional,
| and must never mention Linux and Windows in the same breath. If they step
| out of line in any way, Microsoft dramatically raises their OEM licensing
| fees and sends them to indoctrination camp, where they face chairs being
| hurled at them by angry monkeys.
|
| [...]
|
| Why do Windows enthusiasts exibit much hostility to an obvious fact?
| Because if they admit that 80% of the company’s revenues come entirely
| from an OEM tax, and not from any choice on the part of consumers…
|
| [...]
|
| Microsoft’s decade of investments in WinCE and Windows Mobile
| Smartphones have only barely matched the market share of Palm, which
| itself is a run down company out of ideas. Microsoft couldn’t
| out-maneuver the incompetent Palm within a decade of trying; now both
| are ineffectually fighting over the dying PDA industry while Linux and
| Symbian slaughter them in the smartphone arena:
|
| Symbian 75%; Linux 14%; Microsoft 5%; Palm 5%.
|
| [...]
|
| (many more failures listed)
`—-

http://www.roughlydrafted.com/RD/Q4.06/2E6D9BB2-FE1B-4556-8389-67BD581FBCCC.html

Microsoft exec dumped stock prior to Red Ring announcement

,—-[ Quote ]
| To make matters more murky, the sales were not registered with the Securities
| and Exchange Commission within the mandatory two days of the transaction, a
| result of an alleged “administrative error.” Microsoft has since remedied the
| issue by following the “procedures required of late-filers.”
`—-

http://arstechnica.com/journals/thumbs.ars/2007/08/14/microsoft-exec-dumped-stocks-prior-to-red-ring-addresment

Microsoft’s Bach sold more stock before Xbox news

,—-[ Quote ]
| Microsoft Corp. executive Robbie Bach sold $3 million more in company stock
| during the period leading up to an announcement about a costly flaw in its
| Xbox video game console than previously reported, according to a filing
| Monday with the Securities and Exchange Commission.
`—-

http://www.marketwatch.com/news/story/microsofts-bach-sold-additional-stock/story.aspx?guid=%7BBECA3A50-EF33-4161-A111-A43BDC8B0462%7D&siteid=yhoof

Insider Trading Hasn’t Affect Microsoft Stock – Yet

,—-[ Quote ]
| MarketWatch.com reports that Robbie Bach, president of Microsoft’s
| Entertainment and Devices division, sold $6.2 million of Microsoft
| stock just prior to announcing that Microsoft was going to have to
| extend XBox 360 warranties to three years because of extensive
| failures. The filings note that this was not part of any
| scheduled diversification or selling program; this was a
| conscious, unscheduled sale by the guy in charge of releasing
| news that could affect the value of Microsoft stock.
|
| [...]
|
| Insider trading is a very serious violation of the law; just
| ask Martha Stewart, who served five months in prison for
| avoiding losses of $43,000 through trades that just had suspicious
| timing (no insider trading was actually proven). This is $6.3
| million that went straight into Robbie Bach’s pocket.
`—-

http://biz.yahoo.com/seekingalpha/070713/40947_id.html?.v=1

How Much is Too Much?

,—-[ Summary ]
| Microsoft says it will stick with Xbox. But with years of heavy losses
| behind it, the pressure’s on for the gaming division to make good
`—-

http://www.businessweek.com/innovate/content/oct2006/id20061013_283856.htm?campaign_id=rss_topStories
http://tinyurl.com/yxdr4j

Microsoft stoic despite massive losses

,—-[ Quote ]
| If you were to judge by the PR rhetoric, you’d think the 360 was
| an unstoppable commercial juggernaut. As usual though, PR lies.
`—-

http://www.gamerscan.com/articles/06/10/09/microsofts.massive.losses/

Ecuador Tax Agency Closes Microsoft Branch Offices For 7 Days

,—-[ Quote ]
| “We have twice requested balances, payment reports and complete tax
| information, but the company hasn’t given it to us, so in accordance with our
| laws we have proceeded with the closure,” the SRI official in charge of the
| proceeding said.
`—-

http://money.cnn.com/news/newsfeeds/articles/djf500/200710041610DOWJONESDJONLINE000810_FORTUNE5.htm

Microsoft Office raid in Hungary

,—-[ Quote ]
| “Such behavior could lead to the exclusion of competitive products from
| the market and violate European Union rules, according to the authority
| known as the GVH.”
`—-

http://www.forbes.com/feeds/ap/2007/07/26/ap3957835.html

Microsoft’s past stock options practice poses questions

,—-[ Quote ]
| Microsoft in 1999 announced that it would end a policy of awarding
| options at monthly lows and said it would take a $217 million charge,
| though many details of that discontinued practice haven’t been widely
| known, The Wall Street Journal said Friday.
|
| Those details raise questions about how Microsoft began the practice,
| what prompted the company to end it and whether the way the options
| were dated–at 30-day lows the month after they were
| granted–influenced other companies, it said.
`—-

http://news.zdnet.com/2100-3513_22-6084617.html

I’m not sure if this Web site will go offline soon. It’s going to reach the front page of Digg and the server can rarely handle that scale of loads.

By: rm

rm — Fri, 18 Jan 2008 18:03:02 +0000

Well, I am OK with giving him the benefit of the doubt for now, but I would feel more comfortable if Mandriva clearly stated that they did not pay TL any IP related royalties. Sooner or latter we’ll find out. So, if they did, they better state it now.

As for the MS links, sounds interesting. What do you have?

By: Roy Schestowitz

Roy Schestowitz — Fri, 18 Jan 2008 17:56:47 +0000

Read this then:

http://blog.mandriva.com/2007/10/31/an-open-letter-to-steve-ballmer/

He has spine and he ‘gets’ it. At the moment, schools in Russia are deploying a Mandriva derivative and the government deploys Mandriva. Windows (Vista/Longhorn/Home Server) is a mess and even Microsoft’s embedded conference was canned a couple of days ago. If Mandriva stays strong for a while longer, it’ll share the jackpot. Did you know that Microsoft has lost over half of its cash piles in the past 2 years alone (aggressive stock buybacks)? I’ll give you the links if you wish to know more. These are Microsoft’s dark secrets.

By: rm

rm — Fri, 18 Jan 2008 17:40:41 +0000

Just my distrust and paranoia of dealing with a company (TL) that has entered into a pact with MS. I too believe that François is honest. But, I just want to make sure that he was not blind sided.

By: Roy Schestowitz

Roy Schestowitz — Fri, 18 Jan 2008 17:36:55 +0000

FTA(nnouncement): “Signing he Manbo Labs agreement does not change anything to our policy or our commitment to Free and Open Source software and our position with respect to software patent, nor does it change anything to the statement we made about Microsoft partnerships.”

I trust François. Is there something else that you see? If so, please share.

By: rm

rm — Fri, 18 Jan 2008 17:26:51 +0000

So why don’t they just flat out say that there was no IP royalties involved in the deal?

http://blog.mandriva.com/2008/01/18/groklaw-mandriva-and-turbolinux/#comment-5060

By: Roy Schestowitz

Roy Schestowitz — Fri, 18 Jan 2008 17:09:34 +0000

No, Adam can definitely be trusted and there is at least one other source which confirms Microsoft has absolutely nothing to do with the deal.

By: rm

rm — Fri, 18 Jan 2008 15:54:09 +0000

Roy,

If Mandriva pays TL an IP license, they are paying it to MS (indirectly). So, I want to know that this is not the case. Otherwise Mandriva may be tainted.