Exhibit PXE 6326_C Shows Microsoft Admitting That Windows is Fat

Posted in Antitrust, Microsoft, Windows at 5:58 pm by Dr. Roy Schestowitz

Summary: Steven Sinofsky admits disk footprint problems (bloat) in an E-mail to Bill Gates

Noteworthy among the bunch of newly-transcribed E-mails is the following (Comes vs. Microsoft Exhibit PXE 6326_C):

From: Steven Sinofsky
Sent: Thursday, June 25, 1998 11:24 PM
To: Bill Gates
Cc: Andrew Kwatinetz; Jon De Vaan; Bob Muglia (Exchange); Paul Maritz
Subject: RE: Office size

Message Flag: Follow up
Flag Status: Flagged

Disk footprint is a huge huge issue for us (no pun intended) and has been very
painful. I will send a pie chart tomorrow based on
the latest build. We presented the data below in our demo-checkpoint in April
so it is a little out of date but gives you a rough idea:

Category File Size Count of Files
Component 11,614,417 66
Content 18,759,426 759
Data 18,163,040 111
Extra Help 1,123,908 33
Fonts 4,568,848 33
IE 37,639,405 238
Import 13,364,697 82
Mapi 10,782,926 64
Office 130,253,026 471
OS 14,786,198 85
VBA 19,651,081 48

Grand Total 280,706,972 1,990

Plaintiff’s Exhibit
Comes v. Microsoft

MS/CR 0004126

So even Microsoft knows and admits that Windows has a weight problem. While it may be obvious, paper record is handy to have because Microsoft occasionally denies it.

‘New’ Leaked E-mails from Microsoft Show How Microsoft Brands ‘PCs’ Windows

Posted in Antitrust, Bill Gates, Hardware, Microsoft, Windows at 5:45 pm by Dr. Roy Schestowitz


Summary: Bill Gates’ sticker games and many other antitrust exhibits that show Microsoft’s approach towards competition

SOME MORE NEW EXHIBITS are coming out of Comes vs. Microsoft, thanks in part to the work of Groklaw contributors (special thanks to Pogson with a pointer to the work of “Superbowl”). The following new batch helps show some of the hardware market distortion we’ve been covering in the context of Comes vs. Microsoft, e.g. in:

More exhibits are useful to have in textual form because people just won’t bother reading an unsorted archive of scans in PDF form. The posts above cover parts of a stash of Intel-related E-mails, but we missed so many more. “We could use MDA incentive to convince Oems to refere to the PCs they license Windows on as WindowsPC’s rather than IBM compatible,” Bill Gates states on in of the exhibits below. “We could incent them to use this designation sort of like we do the logo. If we were successful the world would change the way it talks about PCs to WindowsPCs.”

Nowadays Microsoft tries to mix the terms “Windows” and “PC”, making them increasingly synonymous. Let us handle one exhibit at a time and summarise the key points presented therein

PXE 7578

Gist: Message to Steve Ballmer about OS/2 and spitfire

MS-PCAIA2 000001006

To: steveb
Cc: darrenr jeffr jimall
Subject: Spitfire

Date: Mon May 6 15:45:07 1991

Logically spitfire should be managed out of our group in vancouver
from a development point of view. Since they will connect our
file sharing message store with everything thru gateways and they
will also connect spitfire to everything thru gateways it makes
non sense for them not to have spitfire. Spitfire cant be released
without testing all the gateways and it has to track any changes
in the fie sharing message store.

>From a marketing point of view our gateways and spitfire should be
the same way – same channels same support. I think it makes sense
for WGA to do this. However I think its too bad to take things away
from dwayne. WGA has no clear policy about whether gateways/spitfire
have special distribution.

If we agree on this then we need to come up with some kind of
transition plan.
I present it for discussion at this point.

This is separate from the question of whether spitfire should be
based on 1.3, 2.0 or NT in its first release.

From markwo Tue May 7 11:51:29 1991
To: mikemap
Subject: BofA Update 5/6/91
Cc: barbr dianek joef joes markw martat michelg meilf pamelab richmac
Date: Tue May 7 11:50:03 1991

The U.S. Division had a fairly arduous implementation of LAN Manager. The
configuration with SQL, Lotus Notes, Windows Workstation from ADS along with
the applications was aggressive to start with. We had on-site assistance
from PSS for two weeks, and in the eleventh hour we discovered a “bug”
LAN Man which was causing all these problems. PSS and NEU are cognizant of
all the installation issues with this site. Currently the site is running
fairly smooth, but the start up experience has left BofA senior management
with some dubious thoughts about our solutions.

The next site, is scheduled for N.Y. at the end of this month. Management is
concenred whether this platform is “bullet proof” enough to roll out
to 20
other sites. The visibility of this project has reached to Peter Hill and
Martin Stein. There is a feeling that this project should be turned over
to IBM and use LAN Server.

On another note, IBM is now aggressively marketing OS/2 2.0 on the desktop.
They are starting with the line of business areas within BofA. Theyu have
a fairly large poject started with IBM building a custom front-end for OS/2
2.0 for their branch automation. IBM is astutely positiioning OS/2 for their

MS 504703

Plaintiff’s Exhibit
Comes v Microsoft

PXE 3800 is illegible (says “Superbowl”)

PXE 39242 – NT5.1 is a glorified SP

Gist: Bill Veghte (now in HP) responds to a message which reveals how the equivalent of a Service Pack is something Microsoft charges a lot of money for. “One alternative is to acknowledge the reality that NT5.1 release is simply a
glorified service pack and turn our development/release cycles to the more aggressive release in Q2 2000 that can be a real substitute for Win98,” says the message.

Comes v. Microsoft


From: Bill Veghte
Sent: Wednesday, January 28, 1998 4:55 PM
To: Carl Stork (Exchange), Jim Allchin (Exchange); Moshe Dunie; S. Somasegar;
Jawad Khaki;
Deborah Black; Lou Perazzoli; Tom Phillips; Ed Stubbs
Subject: RE: 1999 Release Plans

Carl brings up excellent points here. The challenge we now have with the 5.x
release is that it is serving multiple masters.
With discipline, we can release product in Q2 that will accomplish the
following: (a) 5.x that the marketing folks can
trumpet to push fols that haven’t upgraded yet, (b) fix some serious holes that
have become obvious as we go thru shipping
NT5. (c) refresh vehicle for OEMs. It will not accomplish our goal of
preventing a Win98 SP nor will it significantly richen
the NT mix in the OEM channel beyond what we accomplish with NT5.

Original Message
From: Carl Stork (Exchange)
Sent: Wednesday, January 28, 1998 4:39 PM
To: Jimm Allchin (Exchange); Moshe Dunie; S. Somasegar; Bill Veghte; Jawad
Khaki; Deborah Black; Lou
Perazzoli; Tom Phillips
Subject: 1999 Pelease Plans

There have been several developments this week that change the assumptions
behind the 1999 product
releasae plans in the 3-Year plan. Our original plan was as follows (taken from
one of our slide sets)
* Focus new development efforts exclusively on NT code base to avoid Win98 OSR
* No new hardware support for Win98, and minimal SP release. (e.g. IE5 only)
* Create NT5.1 schedule-driven to meet OEM fall ’99 product lines
* Add hardware support & features to NT focused on getting OEM runrate at
the high end consumer market.

Here is new information that we have learned this week:
* If NT5.1 is priced at $100, and Win98 is priced at $50, OEMS will ship Win98.
They will acquire any new
hardware support components from third parties (IHVs, Phoenix, Systemsoft,
Intel, etc) or not ship the
hardware. NT5.1 is not compelling in the consumer market segment – it does not
have sufficient appeal to
support a $50 price increase (and bear risk the compatibility, driver
* NT5.1 will not be a “consumer” release that pushes OEMs to pick up
for their customer lines – it is a “service
pack” to NTW5.0. More time is needed to accomplish this feature set for
OEMS (and end-users).
* There are some hardware features that will become mainstream in Fall’99 that
require some OS changes,
notably those in the 440BX, PIIX6 and Camino chipset. At a minimum these
include a chipset minipoort, and
1394 OHCI support, possibly with 1394 storage. If Microsoft does not supply
these in an OSR,k then other
distribution mechanisms need to be established. This becomes messy as there are
components which are
not on the distribution media available from our authorized replicators.
* There will be a vibrant third party markert in futher advancing hardware
support in Win98 – ranging from Intel
to IHVs to companies like Pheonix and Systemsoft. At a minimum, we will have
all sorts of
upgrade/compatibility challenges as we try and upgrad the installed base to NT6.
the design, quality &
interoperability of third party hardware support will be lowe4r, and over time
this will lead to increased support
problems (for example, we are shipping IA-SPOX in Win98 in order to support
installed base of software
* There are a number of componentsd that will most likely need to be shipped on
Win98, including IE5, COM+
and DirectX. There are others like DeviceBay, xDSL, or Intel’s video phone work
that are important for
* Feedback from OEM partners is the level of integratrion that we did for IE4 in
OSR 2.5 was bad both from
customer experience and manufacturing perspective. The OEM group will push very
hard to have a fully
inte4grated OPK for IE5.

Overall the proposed plan does not (a) meet the requirements of ourt OEM
customers to provide a release that
they would ship into the high end consumer systems, (b) meet their needs for new
hardware support, and (c)
eliminate the need to develo Win98 OSRs.

Given these realities, I believe we need to either reset our priorities for the
SP2 and/or consider alternatives.

One alternative is to acknowledge the reality that NT5.1 release is simply a
glorified service pack and turn our
development/release cycles to the more aggressive release in Q2 2000 that can be
a real substitute for Win98
with a $50+ price point. Given that we’ll need to provide a Win98 SP/OSR with
IE5/DX6/COM+, let’s target it for
Fall ’99 pre-install needs with the minimum new hardware support needed for
platform quality and a smooth
upgrade opportunity for NT6.

MS7 005950

MS-PCA 1093506

PXE 6928_L

Gist: Highly confidential Office XP + Windows XP + SharePoint thoughts (bundling and lock-in)

Plaintiff’s Exhibit
Comes v. Microsoft

From: Anders Brown
Sent: Tuesday, February 06, 2001 9:59 PM
To: Steven Sinofsky; Charles Stevens; Joseph Krawaczak
Cc: John Vail
Subject: FW: Office in the Solution Clusters

Fyi – just keeping you in the loop wrt to Office and Sable thoughts…

Original Message
From: Anders Brown
Sent: Tuesday, February 06, 2001 9:55 PM
To: Dan Neault; Valerie Olague; Jay Jamison
Cc: Sable Solution Cluster Leads
Subject: Office in the Solution Clusters

Based on Orlando’s comment that desktop pull-through was one of the core metrics
we should score the
rankings on, I’ve taken a look at where Office is today in the scenarios, and
added it to a few others where it
should make sense. I’ve updated the attached ppt (text in red) to reflect my
comments… below is a bit
more description of areas that need attention/discussion.

Corporate Intra/Internet Solution [Office is currently in this scenario]
This one is great — Office shuold just be the front end to this scenarios.
Value-add the XP provides is (1) the addition
of Share Point Team services to an enterprise, and (2) a front end add-on for
Share Point Portal Server (Tahoe). Tahoe
actually provides the add-on, but it integrates into Office. It’s a much better
story here with Office XP than with Office

Only thing we need to add is the revenue assocaited with upgrades: about $150
per enterprise customer. I
assume we have some CAL number floating out there and we should just add this to

Business Performance Analysis [Office is currently in this scenario]
Office is in this scenario — and should be — but to be clear, we need to
understand what Office needs to do a bit more to
be the front end. In a perfect world, we’d have Ofgfice be the sole front end,
but at this point I don’t believe Office can’t
stand up and say it “does BI” like Knosys’ and Cognos’ of the world
(i.e. hard core OLAP support, “walking the
edge of the cube”, “drill through”, etc). That said, Office
should be part of this scenario, and again we should add the
CALs @ $150/desktop. It just might take a bit more work to really nail the
value-add of Office over the
partner solution.

Media Services [Office is not currently in this scenario]
Office should be placed in this solution cluster. It just makes sens that if we
go out with a broader collaboration story,
that this includes Office. This is actually probably better names something
like “Next-Generation Collaboration”
solution, or something that moves the name from what a simple technology (media
services) to what it really is: the
next wave of collaboration and communication services with Office and Windows.

Accelerated Deployment for the XP Desktop [this scenario does not exist]
This was a great suggestion earlier by sshay… we should move forward on this
one, and of course the market
opportuniity for Office is at $150/desktop. Think I’d change the name to
include something around
Productivbity: “Advanced Desktiop Productivity and Accelerated
Deployment” or something… it would be
simply Office XP + Windows XP + SharePoint Teamn Services plus deploymenty
services. I believe this one
is in process already…

Note the updated comments in the attached PPT – these should be merged into the
most recent deck. I’ll give Valerie
and Jay a call tomorrow AM.



MS/CR 002842

PXE 4434

Gist: Microsoft and Zeos licence

Comes v. Microsoft

Carl Sittig – OEM Sales
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052-6399

Tel 206 936 6348
Fax 206 93MSFAX


October 12, 1993

Mr. Jum Ticknor
Zeos International, LTD
1301 Industrial Blvd.
Minneapolis, MN 55413

RE: Side Letter to the Zeos International, LTD and Microsoft Corporation License
dated June 1, 1990, Contract No. 4934-0130 (“Agreement”).

Dear Jim:

I received your signed copies of Ammendment #7 to the Agreement, along with your
requested changes to
made and the new Exhibit X has replaced the Exhibit X in the Ammendment you
signed. Attached is a copy
of the new Exhibit XX for your review. Please file this letter with Ammendment
#7 when you receive your
executed copy from Microsoft.

Please call if you have any questions.



Carl Sittig
OEM Account Manager

Microsoft Corporation is an equal opportunity employer.

MS 0039898

PXE 4430

Gist: Amendment to the above

Comes v. Microsoft


between MICROSOFT CORPORATION, a Washington U.S.A. Corporation
and ZEOS INTERNATIONAL, LTD, a Corporation of Minnesota
MICROSOFT LICENSE # 4934-0130, dated June 1, 1990

This Ammendment to the License Agreement between MICROSOFT CORPORATION
(“MS”) and
(“COMPANY”) dated (“Agreement”), is made and entered into
this 31st Day of January, 1995.

The parties agree to ammend the Agreement as follows:

1. The Agreement mentioned shall be extended for a period of three (3) months
starting January 31,
1995 and ending April 30, 1995.

2. In the event of inconsistencies between the Agreement and this Amendment, the
terms and
conditions of the Amendment shall be controlling.

IN WITNESS WHEREOF, the parties have executed this Amendment to the License
Agreement as of the
date set forth above. All signed copies of this Amendment to the License
Agreement shall be deemed
originals. This Amendment does not constitute an offer by MS. This Amendment
shall be effective upon
execution on behalf of COMPANY and MS by their duly authorized representatives.


Kathleen P. Graves
Name (Print)

OEM Group Manager




Judi Larkin
Name (Printed)

VP Administration


Signed Original

Microsoft License No.

MSC 5007875
Highly Confidential

Exhibit 1309
C.A. No. 2:96CV645B

MS-PCA 1194018

PXE 4490

Gist: Joachim Kempin pressures along with Gates for labelling computers “Windows”

Comes v Microsoft

From: Joachim Kempin
Sent: Tuesday, August 27, 1996 11:34 AM
To: Marshall Brumer
Subject: RE: Intel payments for logo usage

they continue to play hardball.

From: Marshal Brumer
Sent: Monday, August 26, 1996 9:03 AM
To: Joachim Kempin
Subject: FW: Intel paymentsd for logo usage

do you know the status of this? it is coming up in the press now.

From: Bill Gates
Sent: Sunday, June 09, 1996 10:11 PM
To: Joachim Kempin
Cc: Paul Maritz; Marshall Brumer; Rich Tong; Jonathan Roberts; David Heiner
Subject: Intel payments for logo usage

I decided to send this issue to a small group

Intel pays out about $500M per year in advertising incentive money for people to
use their logo. It is serious money.
When Compaq decided to join the program it cost them a lot. They sort of hope
IBM doesn’t join since that would also
cost them a lot.

They have adopted a policy that if there is more than one logo then they pay a
lot less. I told Andy that they should just
reduce payments after 2 logos (theirsd and one others). He tried to say the
lawyers though that was a problem and I
told him that was real nonsense since they wouldn’t be saying anything about the
second logo and whose it is. He said
he is the decision maker on this issue. He said he will talk to the lawyers
again. I told him I didn’t want him to hide
behind the lawyers since dropping payments after 2 is certainly as open as
dropping payments after 1. We may have
to get our lawyers to talk to their lawyers at some point. Joachim – go ahead
and talk to Ottelini. If we can’t get it
structurte this way I will want the lawyers to give their opinion and I will
make one more appeal to Andy.

If it turns out we can’t get this solved I have another idea. Itsd an idea that
might make sense even if the logo thing
stays intact. We could use MDA incentive to convince Oems to refere to the PCs
they license Windows on as
WindowsPC’s rather than IBM compatible. We could incent them to use this
designation sort of like we do the logo. If
we were successful the world would change the way it talks about PCs to

MS-PCA 2618927


PXE 5045

Gist: Pricing of Windows debated internally

Message 27:
From russw Thu Jun 8 13:20:21 1989
To: richab
Subject: price increase for retail
Date: Thu Jun 8 13:17:56 1989

I haven’t done anything with this. I had sent you some mail suggesting
that we add on an explanation of our run-time policies and
how they may relate to the pricing decision i.e. when do we
drop it if ever? before proceeding.

we should wrap this up soon since it was important for the oem
pricing justification to our oem customers


From richab Fri May 26 19:02:15 1989
To: russw
Subject: Windows /286: Recommended SRP change
Date: Fri May 26 19:00:11 1989

Russ: I’d like to propose that we raise the SRP of Windows /286 from $99
$129 at version 3.0. There are several reasons behind my proposal:

1. I do not believe that consumers are sensitive tto pricing differences
in the $50 to $99 range (demaind is inelastic in this range). A #$129
SRP ensures that Windows /286 will typically appear on the street un

2. At ~$99 on the stree, Windows /286 3.0 is an incredible value. The
applications alone are worth a great deal more. All of the great
applets PLUS a great shell PLUS breaking the 640K barrier…need I
say more.

3. The extra $15 in revenue we’ll receive as a result of this price cha
will really help us in the cogfs as a % of revenue area. This is
particularly important when you consider the effect that the probable
Asymetrix OpenBook bundle (est. cogfs impact +$1.50 for 5.25″, +$2.75
for 3.5″) on these skus profit margin. In additional, the promotional
bundle gives us an additional rationale (in the buyers mind) for the

4. Finally, without this increase, it will be much more difficult to get
oem customers to sign deals for Win 286 at our new pricing levels
during the interim period before DOS+Win becomes a reality.

In summary, I don’t thing it will be a big deal to the consumer and it
will makea positive difference in our profitability as well as the prices
we settle with our oems on.



Plaintiff’s Exhibit
Comes V. Microsoft

Exh 5 Date
Zusan Zielie

MS-PCA 2433829


PXE 5055

Gist: Discussion about competitors who can be broken apart by Microsoft. “Do you really want to penalize users for using Microsoft software?”

From philba Wed Sep 13 08:40:37 1989
To: celestb danbo greglo jodys marcw mikedr richab
Subject: Re: Limulator technology: spread it around?
Date: Wed Sep 13 07:31:42 1989

’cause we’re big bad microsoft and we LIKE to stomp the
daylights out of the little guys.

seriously — we shouln’t try to crush these guys — let them
upgrade their products to be compatibly with ours. Give them
the info they need. Even say nice things aboubt the good ones.
However, I don’t want to put any development effort into
making it easier for them.

Sender: mikedr Tue Sep 12 20:29:17 1989
To: celesteb danbo greglo jodys marcw philba richab
Subject: Re: Limulator technology: spread it around?
Date: Tue Sep 12 20:26:54 1989

I disagree with Greg. Our goal is not to drive limulator vendors
out of business. If someone besides Microsoft is able to deliver
great functionality to our users, why should we stand in the way
of them using it? Do you really want to penalize users for
using Microsoft software?

Sender: greglo Tue Sep 12 20:22:19 1989
To: celestb danbo jodys marcw mikedr philba richab
Subject: Limulator technology: spread it around?
Date: Tue Sep 12 20:20:43 1989

Need a policy on whether we want to allow other
people to modify their limulators so that they
will work with Win386 just as well as our own
EMM386.SYS (i.e. let win386 take over their open
emm handles while we aere running, to support ems
using memory resident programs). Do we document
our interface in the DDK?

One could say that there is no reason that various
OEM limulators or 386MAX shouold not work with us.
On the other hand, maybe we want to kill them.

My opinion right now is that there will be no
reason for a person not to use EMM386 with Win386 3.0.
Sure 386MAX has additional nifty keeno features, like
mapping upper memory blocks, but they can’t use those
features with Win386,. All the features they could use
with Win386 are already provided by EMM386. So maybe
we want to keep things simple and tell themn always
use EMM386, and throw away the competitors?

X 567486


Plaintiff’s Exhibit
Comes v. Microsoft

PXE 5176

Gist: “So, rest assured, MS Apps isn’t going to boast of how it’s monopolizing all the Win Computing resources, but will aslo probably point the way to the Windows group for a supporting quote.”

From richab Mon Oct 15 12:34:35 1990
To: w-clairl w-connib
Subject: apps office product
Cc: kathrynh
Date: Mon Oct 15 12:34:35 1990

I continually take heat, some of it deserved, most not for the church vs.
state issues. Win computing is viewed negatively by most isvs since
there is not (in their opinion) a significant isv component. We do
not (yet) have a strong win isv program to counter this either.

It is very important in all isv issues that you consider that the very best
we can do with isvs is to have them feeling neutral about us. they will
never love us.

>From w-connib Mon Oct 15 08:10:25 1990
To: richab w-clairl
Subject: apps office product
Cc: kathyrnh
Date: Mon Oct 15 08:00:42 1990

Sorry, I’ve been out for awhile, but wanted to respond to your earlier mail
about the MS Office for Windows and whether we’d get heat for giving
preferential treatment to MS Windows aps. I haven’t heard much more from the
press but I know that various people at MS have asked me if this is an issue.
So I’ve been meaning to ask you, Rich, if other ISVs are complaining about
Windows Computing promo or the Win Office.

We should have a consistent response from the Apps group and Windows group but
I would rely heavily on the Windows group to show that other ISV’s are still
happy and that they are helping all ISV’s. Can we point to any new programns
being offered to other ISV’s as a result of Windows Computing push?

So, rest assured, MS Apps isn’t going to boast of how it’s monopolizing all
the Win Computing resources, but will aslo probably point the way to the
Windows group for a supporting quote.

X 566829

Plaintiff’s Exhibit
Comes V. Microsoft

PXE 6871

Gist: Mike Moskowitz on Windows Media Player



Board of Directors Meeting: 11/1/00
Product Marketing & Business Development Report

Product Marketing Status

* Live Status – The Alpha release has been successfully deployed at InterZest in
Korea as of the
first week of October – the Beta release has been pushed out to mid-January – a
2 month slip
from engineering – the slip is due in part to a poor development job by one of
their contractors.
* Product Roadmap : Based upon the new Business plan delivered last week by
doig, a first draft
of Product Roadmap has been laid out (attached).
* New Windows Media Player Bridge was released October 19 – this is the product
I described at
the end of August to the Board — it successfully combines WMP6, WMP7, with full
support for ASF, WMA, MPEG, inlcuding seek forward/backwards. We are now
totally up-to-date for WMP
on our current product release.
* Promo CD – A promo CD has been released for use at tradeshows.
* ROI/TCO Research work finishes this week – this work is near completion and
shows Burst in
a very positive light (performance over the internet, and network efficiency)
vs. the current
server from Microsoft

Business Development

Apple – Based upon positive discussions held at QuickTime Live, we will be
meeting with Apple to
disucss, amongst other items, embedding Burst into their player. This will
likeley accelerate our plans
around the Burst plug-in for the Mac QuickTime Player.

Real Networks – Real has rejected our 2 proposals:
* to be a VAR for their server, which would allow our server to talk to their
server, and
* to creat a Burst Caching server, wherein we cache streams from a central Real
server and burst
it from the edge.

Note that it is my belief there are 2 reasons for this rejection:
* Our positioning – we still have “Why Stream When You Can Burst” on
our main web page. We
have positioned ourselves as direct competitors to them – and to Microsoft, as
well – so it isw hard
for them to see us as partners.
* Our sales – or lack thereof. It is extremely difficult to put together a
convincing story of how
much added revenue they would receive by partnering with us, since we are not
recording any significant revenues from our product.

AOL/Winamp – We have declined the AOL offer due to lack ofa compelling
guarantee for client downloads.

Mike Moskowitz
Vice President, Business Development and Product Marketing

Confidential Page 1 10/23/00


Plaintiff’s Exhibit
Comes V. Microsoft


3p-DEPEX 005523

PXE 7582

Gist: DR DOS 5.0 correspondence



Mr. Jonathan Freeman
Digital Research
660 South Glassell
Orange, CA 92666

May 16, 1991

Dear Jonathan:

I appreciate your continued interest in Egghead Discount Software as a
distribution source for DR DOS 5.0. The summary that you provided
was informative and beneficial. Thanks for your input.

Unfortunately, I will not be able to further evaluate the addition of DR
DOS 5.0 to the Egghead mix for several months. Our internal
promotional priorities have been established and I have concluded that it
would not be in Egghead’s best interest to move forward on this issue at
the current time.

I would like to leave the door open for further consideration and I would
be happy to re-open the discussion in late July or August. I look forward
to meeting you personally.

Best regards,

Rod W. Brooks
Senior Vice President

CC: Bill Pickard

22011 S.E. 51st Street. P.O. Box 7004. Issaquah, WA 98027
(206) 391-0800. FAX (206) 391-0880

Plaintiff’s Exhibit
Comes V. Microsoft

PXE 7739

Gist: Bill Gates and Joachim Kempin planning price hikes

Bill Gates

From: Joachim Kempin
To: Bill Gates
Cc: Bob Herbold; Steve Ballmer
Subject: RE: Oem price guidelines
Date: Friday, January 06, 1996 7:06 AM

The goal You set was 20% average above current prices. Iam very confident we
will achieve this. Let’s
take a global look of what has changed:
1. we will get reports monthly and pad monthly. this will improve our cashflow.
2. we will gain some more by having progressive pricing.
3. we modelled the new PGL based on effective prices which are below the current
PGL – as I showed You
in our price discussion. these icreases leave should yield 25% increases on
average thus leaving some room for negociaton.
4. I do not expect all companies to fullfill their MDA targets giving us better
5. The current plan call for volume pricing of the WIN 95 units only, without
combining total volume. This again leads to higher prices.
All in all we have enough room to achieve the 20% higher target.


From: Bill Gates
To: Joachim Kempin
Cc: Bob Herbold; Steve Ballmer
Subject: Oem price guidelines
Date: Tuesday, Jamuary 03, 1995 9:12 PM

I have been studying this thing a little bit.

I am sure you understand how it relates to you goal of raising our revenue per

On the surface I see the following: (I am excluding here international markup
$6.50 => $6 and hard disk
install discount ($1.50)=>($1)

Volume level: Lowest 400-600 Highest
Dos6.22+tools 27 20.25 18.25
Windows+Wfw 50 34 28.50
All 4 old prdcts 77 54.25 46.75

W95 w/o MDA 75 58 53.25
W95 w/full MDA 55 45.65 41.80

Without knowing whether we will be charging closer to list price than we have in
the past and expecting
that a lot of people will get the full MDA it looks on the surface like not only
will we not get our goal of
20% or so per unit increase with the incredible innovation of Win95 but we will
acxtually get less. For a
customer who didn’t buy Wfw this would be true but a high percentage did buy

Are we going to achieve our goal of increasing revenue as we hope? Of course
Compaq will not have to pay anything new but I think they are the only ones who
get a carry over.

On the surface it looks like prices are going down!

MSC 00698196

MX 5067173

Page 1272


Plaintiff’s Exhibit
Comes V. Microsoft

MS-CCPMDL 000000291593

Thanks to “Superbowl” for extracting the above text from the PDFs.

ES: Nuevas Grietas en el Sistema de Patentes de los E.E.U.U.

Posted in America, Law, Patents at 5:24 pm by Dr. Roy Schestowitz

Por el Dr. Roy Schestowitz, Co-authored con G. Forbes

Floral frame

(ODF | PDF | English/original)

Resumen: Un discusión que los abogados especializados en derecho de patentes enmarcan alrededor de la innovación es de hecho un riesgo a las vidas y a conlleva a generar cárteles.

Hay un montón de evidencia para apoyar la alegación que el USPTO es un defensor de monopolistas en vez que un catalizador de la innovación que pretende ser. Los monopolistas carecen un incentivo para innovar puesto que éste puede interrumpir su línea de la producción de dominación. El New York Times está presentando actualmente esta historia para llorar[http://www.nytimes.com/2011/03/07/business/07drug.html?_r=1&pagewanted=all] de los multimillonarios que se benefician de los juegos de patentes en situaciones de vida o muerte. Por supuesto que omite convenientemente las consecuencias verdaderas de la concesión de monopolios animándo las patentes de medicinas. “Una medicina que cuesta $10 ahora costará $1500 después de que el monopolio de ella sea concedida por el FDA, dice este título[http://www.boingboing.net/2011/03/14/10-drug-becomes-1500.html] sobre una nueva observación que cubrimos en TechBytes hace una semana.

Incluso el director del USPTO (Oficina de Patentes y Marcas de los Estados Unidos) está admitiendo que la correlación presunta entre las patentes y la innovación puede ser sólo una ilusión. Un nuevo artículo[http://www.fastcompany.com/1738089/patent-director-patent-filings-do-not-equal-innovation] lo ilustra:

David Kappos, director de Oficina de Patentes y Marcas de los Estados Unidos, dice que los Estados Unidos necesita nuevas maneras de medir la innovación y también para dar vía rápida a las tecnologías verdes.

Primero, Kappos dice que su oficina está buscando nuevas maneras de medir la innovación. Después de todo, software de código abierto, que rechaza explícitamente los derechos de propiedad intelectual tradicional, hace trabajar gran parte de la industria de la tecnología, tales como el sistema operativo móvil androide. Además, las corporaciones sacan a menudo patentes con enormes derechos preferenciales para evitar la formación de la competición.

Como indicamos hace algunos días[http://techrights.org/2011/03/18/eu-treaty-vs-swpats_es/], los E.E.U.U. quisieran abordar el problema con el sistema de patentes. Sin embargo, desde la reducción la reserva (posiblemente acelerando el proceso de su aprobación) es la trayectoria incorrecta a tomar, allí no hay ninguna indicación acerca de qué se puede hacer realmente para suprimir malas patentes, tales como las que está de descritas aquí[http://arstechnica.com/tech-policy/news/2011/03/patent-trolls-fatten-up-on-vaguely-worded-patents.ars]:

Por los próximos 45 días, Webvention está dispuesto a autorizar la patente 294 para un impuesto sobre patentes de una sola vez, completamente al día por el pago de $80.000.00 para que con un derecha no excluyente empresarial, utilice la tecnología de Webvention, la compañía escribió a una de sus objetivos.

La Comisión comercial federal tiene un nuevo informe titulado el mercado de desarrollo de propiedad intelectual, que reflexiona cómo tratar con estas entidades molestas, basadas en una serie de conferencias de patentes que la agencia sostuvo. Y el lenguaje vago asociada a menudo con patentes (como la antedicha) se identifica como parte grande del problema.

Es cada vez más evidente que las patentes se están utilizando como arquitecto para los cárteles, que alternadamente las utilizan como matorrales y para amenazas percibidas (ocasionalmente pleito legal) para bloquear la competición. Ésta es apenas una muestra más que las patentes son una herramienta para que los monopolios aplasten a los competidores más pequeños. Hasta cierto punto, hay una situación desequilibrada similar en lo referente a leyes de Derechos de Autor. Pueden ser abusadas también, la aplicación de los “derechos reservados” en un arma glorificada de censura. Los derechos reservados que tiranizan están en el ADN son un nuevo corto ejemplo del impacto de esto traído por Glyn Moody[http://opendotdotdot.blogspot.com/2011/03/copyright-bullying-is-in-dna.html]. Él continúa acentuando el mensaje que los derechos reservados no animan nuevos trabajos creativos. Como él lo pone sarcásticamente:

Sí, realmente necesitamos leyes de Derechos de Autor draconianas proteger a artistas (muertos) contra esta clase de malvada infracción.

Revisaremos esto más adelante.

Translation produced by Eduardo Landaveri, the esteemed administrator of the Spanish portal of Techrights.

Links 23/3/2011: Firefox 4, Gnash 0.8.9

Posted in News Roundup at 5:11 pm by Dr. Roy Schestowitz

GNOME bluefish



  • HP Declares its (web)Os Independence

    Last week at HP CEO’s Leo Apotheker’s coming out party, he came off as a smart, competent leader with a vision for taking his organization forward, while helping us leave the whole sordid Mark Hurd affair in the rear view.

    I wrote a post (HP Jumps on Cloud Bandwagon) concentrating on Apotheker’s cloud vision, but there was much more to the speech than that, chiefly a declaration of (web)OS Independence from Microsoft with a promise of webOS running on every HP consumer device (including printers).

  • Apotheker Seeks to Save HP’s ‘Lost Soul’ With Software Growth
  • 66% Pass Rate For East Africa Linux Training Workshop
  • 10 Ways Linux Is Making Life Better

    Linux has long played a leading role in the world of servers, due in large part to its stability, security and lower total cost of ownership (TCO). What many don’t realize, however, is just how ubiquitous it’s becoming in other parts of life as well.

  • Desktop

    • Installation Report: My Mother

      First, she requested the KDE main menu to be switched to classic mode, calling it more familiar.

    • A Compliment for the Linux Adoption Curve!

      I believe this is a mis-calculation. The hardware vendors will only invest in our ecosystem, when we are attractive compliments to their products. But they aren’t going to invest in their old discontinued products, but only into their new products. This leaves the old products without support and it just so happens that a great number of our main-stream users have made investments into hardware and are not willing to simply buy new hardware just yet. in conclusion, I think we can count on hardware makers providing us with drivers eventually; but for as long as they are not, we should be investing in all their old product lines and making sure they work with our desktop distributions.

    • Long live the laptop

      Good one, Tom. The fact of the matter is — and Tom eloquently outlines it in his blog, so I won’t be echoing it here (except to say, “I agree!”) — there’s a big difference between the tablet which, for all its conveniences, isn’t really a computer, and the desktop or laptop you use for getting things done.

  • Kernel Space

    • Graphics Stack

      • The Linux graphics stack from X to Wayland

        In the early 1980s, MIT computer scientist Bob Scheifler set about laying down the principles for a new windowing system. He had decided to call it X, because it was an improvement on the W graphical system, which naturally resided on the V operating system. Little did Bob know at the time, but the X Window System that he and fellow researches would eventually create would go on to cause a revolution. It became the standard graphical interface of virtually all UNIX based operating systems, because it provided features and concepts far superior to its competition. It took only a few short years for the UNIX community to embrace the X windowing system en masse.

        In this article, we’ll take a look at the development of the Linux graphics stack, from the initial X client/server system to the modern Wayland effort.


        X is the oldest lady at the dance, and she insists on dancing with everyone. X has millions of lines of source, but most of it was written long ago, when there were no GPUs, and no specialized transistors to do programmable shading or rotation and translation of vertexes. The hardware had no notion of oversampling and interpolation to reduce aliasing, nor was it capable of producing extremely precise color spaces. The time has come for the old lady to take a chair.

  • Applications

  • Desktop Environments

    • Linux for seniors? KiWi PC builds a Linux PC for grandma and grandpa
    • K Desktop Environment/KDE SC)

      • shoot the messenger

        This really isn’t about individual developers, and I do not paint every person in GNOME with the same brush in my mind. I don’t do that for KDE, either: there is variety, some productive and some counter-productive, in any large group of people and our communities are not exceptions to that. However, casting me as some sort of “I hate all of you!” villain is not useful. Even if it were true, then people should simply ignore me as an individual actor in it and look at the large, long-term patterns that really do exist and really do need fixing. I am not personally responsible for everything, I was not even involved most of episodes that exhibited the unfortunate patterns we’ve been experiencing. So even if the messenger really, truly sucks and you really don’t like them as a person, try to address the issues anyways. Avoid indulging in shooting the messenger as a way of dismissing issues and thereby relieving the perceived pain. It’s only a distraction, and nothing gets improved that way.

      • Battling Misconceptions: What is KDE?

        Now, Tony is an experienced user of free software as well as a scientist and – from his emails – clearly an intelligent and inquisitive man. So it was a real surprise to me that he and other LXer readers were so ignorant about how KDE works. I do not mean ‘ignorant’ in any kind of offensive sense here, merely that both Tony and the other LXer readers really did not seem to understand how KDE operates or who we are. Here are a few questions (paraphrased) that really took my by surprise:

        * Who controls KDE?
        * Who funds KDE?
        * Can we contact KDE?

        These show a few things to me. First, some (many?) people think of us as having a hierarchy like a company, as if we have a leader or set of leaders who tell everyone else what to do. Maybe these are the people who pay us and if it is possible to get in contact with those leaders then they might be persuaded to redirect the efforts of all the code monkeys.

      • battling misconceptions, even within KDE :)

        One of Stuart’s points was that KDE doesn’t have top-down leaders that can tell random other people what to do in a way that they are beholden to follow. This is quite true, and it’s a strength in that it prevents KDE from hijacked by any one interest, or requiring that we bet our future on any one group consistently and always making the best decisions.

      • Kupfer v204 (QuickLauncher) Released With New Gwibber Plugin, Lots More [PPA]

        Kupfer v204 was released a couple of days ago and today it was finally uploaded to the Kupfer PPA. The most interesting new feature in this new Kupfer version is a Gwibber plugin which allows you to easily send an update to Twitter, Identi.ca, Facebook and so on (all the services supported by Gwibber). I’ll tell you how to use this later on.

      • New Features in digiKam 2.0: Color Labels and Picks

        To add a color label to an individual photo, right-click on it, choose Assign Labels » Color, and pick the color you want. Each color label has its own shortcut, so you can quickly label photos using the keyboard. For example, to assign the Magenta label, press Ctrl+Alt+6. To quickly remove a color label from a photo, press Ctrl+Alt+0. The Picks feature works in a similar manner: you can assign one of three picks — Pending, Accepted, or Rejected — to any photo in digiKam via the Assign Labels » Pick context menu, or using the default shortcuts.

    • GNOME Desktop

      • GNOME marketing contract: week 3

        Last week, most of my contract time was taken up with two big tasks. I wrote a history of the GNOME 3 design for a press query, and I also wrote the first draft of the release notes (woo hoo!) That draft will be going off to various people for feedback and fact checking very soon.

      • Will GNOME 3.0 Repeat the User Revolt of KDE 4.0?

        KDE 4.0 was too radical a change, too lacking in features or stability, too much a triumph of developer’s interests over user’s — the accusations seemed endless, and only began to quiet six months later when KDE 4.1 began addressing the shortcomings. Partly, the hostility continues to this day, although for many the KDE 4 series has long ago proved itself.

        This April, GNOME 3.0 is scheduled for release. Just as KDE 4.0 was a radical departure from KDE 3.5, so GNOME 3.0 is a radical departure from GNOME 2.32. But will its release trigger another user revolt? Or has the GNOME project — perhaps learning from KDE’s experience — managed expectations well enough to prevent history from repeating itself?

        Certainly, GNOME has tried much harder to handle its own break with the past differently than KDE managed KDE 4.0. But the KDE revolt resulted from multiple causes, and, although GNOME has addressed some of those causes, the underlying problems of the project’s relationship to its users remains in some ways disturbingly similar to those faced by KDE three years ago.

  • Distributions

    • 7 Surprises From Turkey

      I made several reviews of Operation systems originating from Eastern Europe: SLAX, Agilia Linux, Alt Linux, Austrumi. This time I will aim little bit to the South, on the place where Europe meets Asia.
      How many countries do you know which are placed in Europe and Asia both? Russia? Anything else? Yes, that is Turkey. Not the most well known country in the world, although European culture would be different if this country would not exist. Byzantium, Constantinople… They are all parts of Turkish history.

    • Bodhi Linux: E17 and Ubuntu make a great combination

      As anyone who has read my ramblings long enough knows, I am a big fan of the Enlightenment desktop. I’ve been enjoying this take on the Linux desktop since the early E16 days. For a while, however, I left E17 for GNOME simply because the combination of Ubuntu and GNOME made perfect sense. Not only was Ubuntu a very stable distribution, GNOME had come a long, long way.

      You will also have more than likely read my recent trepidation regarding the changes coming to the Ubuntu desktop (Unity). Although Ubuntu 11.04 will offer a traditional GNOME desktop selection at log in, I realized that Ubuntu Unity is just not the desktop for me. So, I decided it was time to head back to the land of Enlightenment. But instead of going through the paces of installing E17 on top of Ubuntu, I decided to search out a distribution that would combine the two.

    • Reviews

      • Lazy Linux Distro Reviews

        Whenever I took the time to write a distribution review, I always made it a point to actually install the distribution on my system and use it as my main operating system for a minimum of a few days. Sure this takes a little bit more effort, but it is necessary if you are going to write an informed article. I amazes me how many people that write reviews simply boot a distribution in virtual box (some don’t even install it!) take a few screen shots and then call it a day. Some don’t even load any of the default applications or even look at the project’s website. Sure it is OK to load the distribution as a virtual machine, but this should not be the only method of testing it for the purposes of a review.

      • Review: Chakra 2011.02 “Cyrus”

        The live and installed sessions worked quite well, the latter certainly much better than in the last version, where X11 refused to start.

    • New Releases

      • Saline 1.3
      • AUSTRUMI 2.3.2
      • Chakra 2011.04-ms3
      • Macpup 520

        Macpup 520 is the latest and is based on Puppy Linux 5.2 ,”Lucid Puppy”, An official woof build of puppy Linux that is binary-compatible with Ubuntu Lucid Lynx packages. MP520 contains all the apps from Lucid puppy with the addition of Firefox 4 RC 1. Extra apps like Opera or Gimp are available for easy download from the Quickpet App on the ibar or the Puppy Package Manager. MP511 also includes the Enlightenment E17 window manager. The EFL libraries version 1.0.0 and E17 version 55225 where compiled and installed from source.

    • Red Hat Family

      • Red Hat’s JBoss Enterprise SOA Platform 5.1 Includes Enterprise-Class Open Source Data Virtualization Solution

        Red Hat, Inc. (NYSE: RHT), the world’s leading provider of open source solutions, today announced the availability of JBoss Enterprise SOA Platform 5.1, which includes new extensions for data services integration.

      • Red Hat Puts Red Hat Enterprise Linux 6 to the Test

        When we released Red Hat Enterprise Linux 6 in November 2010, we discussed the many performance improvements featured in the release – these included improvements in network rates, multi-user filesystem workloads and virtualization I/O enhancements allowing for increased consolidation while simultaneously reducing I/O overhead in comparison to baremetal.

        Today, we’re excited to announce that in internal testing conducted by Red Hat engineering, Red Hat Enterprise Linux 6 has set a new standard in storage performance. The combination of Red Hat Enterprise Linux 6, Intel-based systems and Fusion-io Solid State Storage devices delivered results measuring 30 percent faster performance than previously published results* based on proprietary systems.

    • Debian Family

  • Devices/Embedded

    • An introduction to Embedded Linux, BeagleBoard & its Linux kernel port

      BeagleBoard comes with a 4GB microSD card containing validation software that you can use (actually, a release of the Angstrom distribution) and which should boot after you insert the card and power on the board. If you have set things up correctly, you will see a simple banner and be able to type shell commands. There are various alternative images available on the BeagleBoard website, so you can replace the ‘validation’ factory image with a version of Android built for BeagleBoard, or Ubuntu, and so on. I chose to install Debian Squeeze on my BeagleBoard, following instructions on the BeagleBoard wiki and using the updated kernel images available from Robert Nelson to get started. At this point, the latest upstream kernels (from 2.6.38 onwards) support most of the hardware out of the box without requiring patching or modification.

    • Phones

      • Nokia/MeeGo/Maemo

        • Digia to acquire Qt commercial licensing business from Nokia
        • The Linux Foundation Announces MeeGo TV Working Group

          MeeGo Smart TV Working Group begins its work to bring open framework and innovation to television ecosystem

          LONDON {IPTV World Forum}, March 22, 2011 – The Linux Foundation, the nonprofit organization dedicated to accelerating the growth of Linux, today announced the formation of the MeeGo™ Smart TV Working Group.

          MeeGo is an open source Linux project targeting multiple segments including automotive systems, netbooks, tablets, TV’s, and set-top boxes, among others, and uses Qt to enable cross-device applications. The Working Group is designed to help drive the evolution of MeeGo within the television ecosystem and provide an open framework for industry creativity and innovation.

      • Android

        • Sencha Releases Android Event Recorder to Speed Development of Android Web Apps
        • Android media players hot up

          Android’s default media players are reasonable enough but if you want a little more from your mobile media player then there is good news. The number of great media players now available for Android is growing daily and includes the likes of stalwarts such as Winamp as well as some new names.

        • A Look at Firefox Mobile

          As Firefox inches slowly towards its March 26 release date, the Mozilla folks are also working on Firefox Mobile for Android — a port of the beloved Firefox browser to the Android platform. Can Mozilla make significant headway on mobile devices? Signs point to yes.

          Bearing in mind that Firefox 4 on Android is still in beta, I went to try it out for a bit and see how well it fares on my Nexus One. Note that I recently got the Gingerbread update on the Nexus, though I’m not sure if that has any impact on Firefox performance or not compared to earlier Android releases.

Free Software/Open Source

  • Top open source developers coming

    This week’s Palmetto Open Source Software Conference — or POSSCON — is bringing some of the nation’s leading software developers to Columbia.

    The conference, which will be held Wednesday through Friday at the Columbia Metropolitan Convention Center, will focus on the latest issues for developers, executives, government leaders and educators.

    The conference is unique on the East Coast, said conference chairman Todd Lewis, managing partner of Columbia’s Palmetto Computer Labs. Most open source conferences are held on the West Coast, such as in Silicon Valley. And it is significantly cheaper — $99 for advance tickets and $149 at the door — compared with $800 and up for West Coast conferences, Lewis said.

  • Events

  • Web Browsers

    • Mozilla

      • Download Firefox 4 Final for Linux

        Ladies and gentlemen, Mozilla has finally made available for download the latest and stable version of the highly anticipated Mozilla Firefox 4.0 web browser for Linux, Windows and Macintosh operating systems. Both 32-bit and 64-bit architectures are supported!

        Yes! The final version of Firefox 4 is finally here, and it brings an amazing new look, faster start-up times, lots and lots of improvements, support for 3D graphics, HTML5, WebM, CSS3, SVG, hardware acceleration, JavaScript improvements, privacy enhancements, crash protection, and much more!

      • Mozilla Firefox 4 Improves Memory Use

        That’s no longer the case as the browser is set to exit development and become generally available on March 22.

      • FireSSH – SSH in a Browser (Firefox addon)

        FireSSH is a free, cross-platform SSH terminal client for Mozilla Firefox. Written entirely in Javascript!

      • Mozilla’s Leaner, Meaner Firefox 4 Arrives
      • Mozilla’s Firefox 4 bags 1M downloads in 3 hours

        Firefox 4 got off to a strong start today, with 1 million copies of the new browser downloaded in the first three hours.

        If it keeps up the early pace, Firefox 4 will easily beat Microsoft’s claim that users downloaded 2.4 million copies of its Internet Explorer 9 (IE9) in the first 24 hours of availability last week.

      • Firefox 4 Heats Up the Browser Wars
      • The 10 Best Features In Firefox 4
      • 12 new features in Mozilla Firefox 4

        D-day is here for Mozilla Firefox 4, almost 8 months after its first beta release. The launch comes eight days after Microsoft IE 9′s official launch. Firefox 4 was originally scheduled to launch in November 2010. Damon Sicore, Mozilla’s senior director of platform engineering, said in a message on a company forum, “Today’s triage session concluded with all systems go for a Firefox 4 launch on March 22.”

      • Mozilla Launches Firefox 4 and Delivers a Fast, Sleek and Customizable Browsing Experience to More Than 400 Million Users Worldwide

        Mozilla, a global, nonprofit organization dedicated to making the Web better, is proud to release Mozilla Firefox 4, the newest version of the popular, free and open source Web browser. Firefox puts users in control of their Web experience, providing a streamlined user interface, fun new features, a boost in speed and support for modern Web technologies.

  • SaaS

    • What the Cloud Means for the Open-Source Desktop

      In this scenario, open-source operating systems win big. They’re free, but even more importantly, they’re highly modular and scalable, making it simple for vendors and users to cut out overhead that becomes useless in a cloud-based world.

    • Zarafa CEO Brian Joseph On Open-Source, the Cloud, and the World

      While cautioning that the open-source licensing of Zarafa’s software is “not the most important” factor in its success, Joseph emphasized the unique selling points that the product enjoys vis-à-vis proprietary competitors because of its open-source nature. Above all, the ability of customers to tweak the software freely provides an advantage wholly unavailable from most of Zarafa’s competitors.

  • Databases

    • Percona Delivers MySQL Support to 1000th Customer

      Percona, the oldest and largest independent provider of support and consulting services for the MySQL database, is proud to celebrate the 1000-customer milestone. Percona was founded in 2006 and employs a staff of nearly 50 people globally. Customers include Cisco Systems, Alcatel-Lucent, Groupon, the BBC, and StumbleUpon. Companies who purchase MySQL support contracts from Percona testify that they enjoy lower system downtime, faster time to market, cost savings, access to state-of-the-art solutions that raise their capabilities to the next level, and greater business agility.

    • Ingres Announces Innovative Cloud Solutions and Strategic Roadmap
  • Oracle/Java/LibreOffice

  • CMS

    • Acquia Launches Web Solution Powerhouse Drupal Gardens 1.0

      Acquia, the enterprise guide to Drupal, today announced the general availability release of Drupal Gardens 1.0 with new capabilities and pricing plans. The powerful new Views functionality makes Drupal Gardens the most robust web solution to rapidly assemble and deploy extraordinary social sites. With more than 40,000 sites created in the last year, Drupal Gardens is the fastest way to build content-rich, dynamic sites.

      Views, a capability unique to Drupal, provides Drupal Gardens with an incomparable collection of tools for site builders with the simplicity of software-as-a-service (SaaS) delivery. Without writing any code, Views makes it possible to create custom mashups or combinations of content, media, user profiles, and more. Site builders can point and click to pull together any information on their site and craft dynamic lists, grids, tables, reports, RSS feeds, and navigation. Views can also be configured to display different results based on visitor interactions, such as displaying posts submitted over the past month versus the most popular. With Views, Drupal Gardens sites can be easily assembled and deployed with completely custom dynamic content.

    • Investor.gov using Drupal

      Investor.gov recently switched to Drupal from WordPress. The site houses a lot of information for investors.

      The new investor.gov is a good looking site that also seems to be 508 compliant (for accessibility). The site is easy to use, making it easy for users to get the information they need without being overwhelmed.

  • Education

    • Open University offers Linux certification

      The six month OU course, from which students gain credits towards their degree, has been running for one year, during which over 1,000 students completed the program. A further 500 are expected to register for the third course, starting in May 2011. The course is aimed at complete beginners, and introduces them to the history and value of open source, installation and management of the operating system and web server, and basic functionality.

    • PL: School curriculum to be modernised with courses on free software

      The Polish Foundation on Open and Free Software (Fwioo) is establishing a team of ten experts to help develop courses on free and open source software, meant to be used in secondary schools as well as in technical schools.

  • Business

    • Addressing a Big New Audience: VMware Acquires WaveMaker

      This acquisition furthers VMware’s cloud application platform strategy by empowering additional developers to build and run modern applications that share information with underlying infrastructure to maximize performance, quality of service and infrastructure utilization.

    • When commercial open source goes bad

      Another example involves a company set up by some prominent former employees of one of the big names in open source software. The first version was released using an open source license but was never updated, as the company focused all its attention on the closed source version instead.

      Meanwhile one of the prominent “open source” systems management vendors appears to have removed all mention of its Community Edition software from its website, while the Community Edition itself has not been updated for 15 months. While the project is not officially “dead” it is, to say the least, “pining for the fjords” and the company in question could be said to be open source in name only.

  • Funding


    • GNU Call: An open source Skype

      Free software world announces ambitious plans to build an open source Skype alternative.

      In an effort to create a free software alternative to Skype the GNU Project has announced plans for GNU Call. The project hopes to provide secure over-the-internet calls to all users and rival the popular Skype VoIP service.

    • Gnash 0.8.9 advances open source Flash

      The new 0.8.9 release improves on the usability and stability of the platform.

  • Government

    • AU: Government moves to encourage use of Open Source Software

      On 27 January 2011, Special Minister of State Gary Gray released the revised Australian Government Open Source Software Policy, which requires agencies to consider both open source and proprietary software for all ICT procurements.

      Mr Gray said: “The revised policy further strengthens agency software procurement processes by requiring agencies to consider both open source and proprietary software when undertaking all software procurement.”

      The government’s previous position on open source software, established in 2005, was one of ‘informed neutrality’. This ensured an unbiased position that did not favour the selection of either open source or proprietary software. Both the previous and the new policy positions ensure ‘value for money’ and ‘fit for purpose’ decisions in accordance with the Commonwealth Procurement Guidelines.

  • Licensing

    • Google GPL violation claims speculative: expert

      He pointed out that the same thing had been done twice before with glibc and uClibc, both under a weak LGPL licence. Google had merely provided a third alternative.

    • Open source and app stores: Where they mix, where they don’t

      App stores are all the rage these days, with companies vying to release their software ahead of competitors. Not surprisingly, open source components are being used to speed development of these applications. But companies need to ensure their open source usage fits within the requirements of both the app stores and open source component licenses — or risk removal from these outlets (and not just Apple’s).

    • Linus on Android headers: claims “seem totally bogus”

      The recent uncertainty cast over Android’s Bionic library and its use of Linux kernel headers “seems totally bogus”, according to Linus Torvalds. In an interview with Brian Proffitt at ITWorld, Torvalds said “I haven’t looked at exactly what Google does with the kernel headers but I can’t see they they’d want to do anything fundamentally different from glibc in this respect”. He also pointed out that he has said making use of the kernel’s system call interfaces, as described in the headers, does not “in any way result in a derived work as per the GPL”.

  • Openness/Sharing

    • Open source Kimono Lanterns to the rescue

      The devastation in Japan is heart rending and compels each of one of us to contribute to help improve the situation. Similar thoughts have been running through developers at Freaklabs . At the hackerspace they are involved with, a solar rechargeable lantern was designed for garden and patio use. Called the Kimono Lantern, today they are able to put it to better use. Donating the complete design to the open source hardware community, they are indeed standing true to the commitments of the Open Source community.

  • Programming

  • Standards/Consortia


  • Science

    • The tiny cube that could cut your cell phone bill

      It’s called lightRadio, a Rubik’s cube-sized device made by Alcatel-Lucent (ALU) that takes all of the components of a cell phone tower and compresses them down into a 2.3-inch block. Unlike today’s cell towers and antennas, which are large, inefficient and expensive to maintain, lightRadio is tiny, capacious and power-sipping.

  • Security

    • PHP.net breach: Concern over safety of source code

      Maintainers of the PHP programming language spent the past few days scouring their source code for malicious modifications after discovering the security of one of their servers had been breached.

      The compromise of wiki.php.net allowed the intruders to steal account credentials that could be used to access the PHP repository, the maintainers wrote in a brief note. They continue to investigate details of the attack, which exploited a vulnerability in the Wiki software and a separate security flaw in Linux. The site has been down since at least Friday.

  • Finance

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Ubuntu 11.04 Trailer HD (version en español)

Credit: TinyOgg

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