EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.13.20

Links 13/10/2020: CodeWeavers Announces Rebrand and KClock 0.1 Released

Posted in News Roundup at 5:48 pm by Dr. Roy Schestowitz

  • GNU/Linux

    • Desktop/Laptop

      • Chrome OS 86 Rolls Out with Linux Support for Debian GNU/Linux 10 “Buster”

        Based on the latest Google Chrome 86 web browser released last week, Chrome OS 86 adds quite a bunch of interesting changes, starting with Linux support for upgrading to the latest Debian GNU/Linux 10 “Buster” operating system series.

        If you’re using the Linux support in Chrome OS, which is still in beta stages of development, you will see a new option in Linux settings after updating to Chrome OS 86 that lets you upgrade the base system from Debian GNU/Linux 9 “Stretch” to Debian GNU/Linux 10 “Buster.”

    • Server

      • It Takes Geological Patience To Change Datacenter Storage

        Moving from an HPC center or a hyperscaler to work on enterprise software has to be a frustrating experience. In the HPC and hyperscaler world, when you need to deal with a problem, it is usually one of scale or performance – or both – and you have to solve the problem now. Like in a year or less, but sometimes you get more time to refine things. Call it 18 months, tops. The new platform – database, storage, network control, compute control, whatever it is – goes into production and months later replaces whatever was going to run out of gas just in time to save the company.

        The enterprise, into which we lump government and academic institutions, by contrast, move at a much slower pace because the risk profile is much higher. If your email or social network or media archive is down for minutes, hours, or even days, no one is going to die. But if an enterprise has an outage and either customer data is compromised or normal business is interrupted, reputation and money are on the line.

        [...]

        The first Quobyte release came in late 2014, a little more than a year after the company’s founding – see how fast these hyperscalers move? – and it was designed from the ground up to be a POSIX-compliant object storage system with file and block overlays when necessary, with triple redundancy of data running on absolutely plain vanilla X86 Linux servers.

      • PSSC Labs Announces CBeST Cluster Management Software Stack v5 Release with Red Hat Support – insideHPC

        Lake Forest, CA , Oct. 13, 2020 — PSSC Labs, a developer of high performance computing (HPC) and big data computing solutions, announces today that a new release of CBeST Cluster Management v 5.0 Software Stack will be available. The newest version of CBeST will add support for the latest Red Hat Enterprise Linux / CentOS Linux 8.0 operating system and provide enhanced support for advanced technologies from Intel, AMD and NVIDIA. CBeST will support bursting to cloud environments including Microsoft Azure, Amazon AWS and Google Compute.

      • PSSC Labs Announces New CBeST Cluster Management Software Stack v5 Release

        The newest version of CBeST will add support for the latest Red Hat® Enterprise Linux® / CentOS Linux® 8.0 operating system and provide enhanced support for advanced technologies from Intel®, AMD® and NVIDIA®.

    • Audiocasts/Shows

      • A First Look At SpaceVim

        SpaceVim is a distribution of Vim inspired by Spacemacs (a distribution of Emacs). It comes with a bunch of plugins installed and configured out of the box, which makes SpaceVim easier to get into for the the new Vim user. After spending so much time recently in Doom Emacs, what will be my initial impressions of SpaceVim?

    • Kernel Space

      • Linux kernel 5.9: Most important features and how to install it

        Lately, the same holds true for Linux kernel releases. The dev team has been crankin’ ‘em out faster than we can install ‘em.vAlthough quite the exaggeration, you get my point.

        Said point is…there’s yet another new kernel release to celebrate. Huzzah.

        And that’s about the extent of the rejoicing. Because, as in the case with 5.8, there really aren’t any game-changing features to be found with Linux kernel 5.9… at least not for the general user. If, however, you’re a hard-core IT pro, there are a few features that could have you clamoring to get the 5.9 kernel installed in your data center servers (more on this in a bit).

        Let’s take a look at some of the more important features in the latest Linux kernel.

      • Graphics Stack

        • Does subgroup/wave size matter?

          This week, I had a conversation with one of my coworkers about our subgroup/wave size heuristic and, in particular, whether or not control-flow divergence should be considered as part of the choice. This lead me down a fun path of looking into the statistics of control-flow divergence and the end result is somewhat surprising: Once you get above about an 8-wide subgroup, the subgroup size doesn’t matter.

          Before I get into the details, let’s talk nomenclature. As you’re likely aware, GPUs often execute code in groups of 1 or more invocations. In D3D terminology, these are called waves. In Vulkan and OpenGL terminology, these are called sugroups. The two terms are interchangeable and, for the rest of this post, I’ll use the Vulkan/OpenGL conventions.

    • Benchmarks

    • Applications

      • Best Conky Themes for Linux in 2020 – Make Tech Easier

        Conky is a useful piece of software to display information on your Linux desktop. You can use it to display your CPU and memory usage, or to display the current weather information. It is also very customizable to fit into your desktop and wallpaper. If you are looking to spice up your config with something a little more stylish, we’ve scoured the Internet to find some of the coolest, best-looking Conky themes.

      • Mark Text vs. Typora: Best Markdown Editor For Linux? | Linux Journal

        Markdown is a widely used markup language, which is now not only used for creating documentation or notes but also for creating static websites (using Hugo or Jekyll). It is supported by major sites like GitHub, Bitbucket, GitLab, Stack Exchange, and Reddit.

        Markdown follows a simple easy-to-read and easy-to-write plain text formatting syntax. By just using non-alphabetic characters like asterisk (*), hashtag (#), backtick (`), or dash (-), you can format text as bold, italics, lists, headings, tables and so on.

        Now, to write in Markdown, you can choose any Markdown applications available for Windows, macOS, and Linux desktop. You can even use web-based in-browser Markdown editors like StackEdit. But if you’re specifically looking for the best Markdown editor for Linux desktop, I present you two Markdown editors: Mark Text and Typora.

        I’ve also tried other popular Markdown apps available for Linux platforms such as Joplin, Remarkable, ReText, and Mark My Words. But the reason I chose Mark Text and Typora is the seamless live preview features with distraction free user interface. Unlike other Markdown editors, these two do not have a dual panel (writing and preview window) interface, which is why I find both the most distinguishable applications among others.

      • Best Video Editors for Chromebooks in 2020

        Today we are looking at how to video editing on a Chromebook. For many years Chromebooks have been seen as budget devices, just to browse the web with and not really capable to do “real” work on.

        However, Google has continued to improve its operating system by bringing more applications to Chromebooks, firstly the Google Play Store, after that “Crostini” Linux apps and who knows what will be coming next.

        So about a year ago, as a Linux user since 2013 and being a System Administrator for 5 years since then (not anymore because my family and I moved to remote city and I decided to work online), that I can use my skills, and I know that I am still learning, to help the Chromebook user community to get the most out of their devices.

    • Instructionals/Technical

      • How to install Shotcut Video Editor 20.09 on a Chromebook

        Today we are looking at how to install Shotcut Video Editor 20.09 on a Chromebook. Please follow the video/audio guide as a tutorial where we explain the process step by step and use the commands below.

      • How to install Citra Emulator on Ubuntu 20.04 – YouTube

        In this video, we are looking at how to install Citra Emulator on Ubuntu 20.04.

      • How To Install Magento on Ubuntu 20.04 LTS – idroot

        In this tutorial, we will show you how to install Magento on Ubuntu 20.04 LTS. For those of you who didn’t know, Magento is one of the worlds most widely used applications for managing E-Commerce sites.

      • How to fix docker-machine: command not found error

        Using docker machine, you have tried to create a virtual machine using the command :

        docker-machine create –driver virtualbox your_vm [docker machine create vm command]

        But this returned an error : docker machine command not found

      • How to play Death Stranding on Linux

        Death Stranding is an action game developed by Kojima Productions. The game takes place in the USA, following a world-ending event that released dangerous creatures on the earth. The player plays as Sam Porter Bridges; a courier tasked with delivering supplies to colonies. In this guide, we’ll show you how to get the game working on Linux.

      • How to download and play YouTube and other videos on Linux | Network World

        Who would have imagined that there’s a Linux tool available for downloading YouTube videos? Well, there is and it works for Linux as well as for other operating systems. So, if you need to watch some of the available videos even when your internet connection is flaky or you need to be offline for a while, this tool can be especially handy.

        The tool for downloading videos is called youtube-dl. (The “dl” portion undoubtedly means “download”.) It’s very easy to use and drops webm or mp4 files onto your system. Both formats provide compressed, high-quality video files that you can watch whenever you like.

    • Wine or Emulation

      • If Robin Hood and Tux (the Linux Penguin) had a love child: A rebranded CodeWeavers.

        CodeWeavers®, Inc., developer of CrossOver™ — a unique approach to cross-platform compatibility for macOS®, Linux and Chrome OS®— announced today an overhaul of its branding that reflects a more focused vision and enhanced service offerings. CodeWeavers launched an updated website (www.codeweavers.com) offering two newly branded services — PortJump™ and ExecMode™ — alongside their OG software, CrossOver.

        “This rebrand better represents the evolution of CodeWeavers over the last 14 years,” James Ramey, President of CodeWeavers explains. “We believe Robin Hood had the right idea. There is no such thing as a closed platform. Software was meant to be liberated, and we believe we are the liberator.”

        Introducing PortJump and ExecMode

        PortJump helps app and game developers broaden their market beyond Windows users. With CodeWeavers signature CrossOver technology, no source code changes are required. This eliminates the need for clients to maintain two or more code bases, while bringing their Windows based app or game to the macOS, Linux and/or Chrome OS marketplace. ExecMode helps organizations solve their most ghastly technical challenges with our unmatched expertise and talent.

      • CodeWeavers Announces Rebrand With PortJump + ExecMode

        CodeWeavers as the main contributor to the Wine code-base and employing many of the key developers thanks to the development of their Linux and macOS CrossOver software is working on a rebrand and promotion of their consulting services.

        The two branded services being announced today are PortJump and ExecMode.

      • CodeWeavers releases CrossOver 20, big rebranding with ‘PortJump and ExecMode’ | GamingOnLinux

        CodeWeavers, one of the biggest sponsors of the compatibility layer Wine have announced a major rebranding along with the release of Crossover 20.

        For those not too clued up, here’s the lowdown with a tiny bit of backstory to set the scene for you: Wine is a compatibility layer that allows you to run Windows applications and games on (up until now, see below) Linux and macOS. CodeWeavers have their own software called CrossOver which integrates Wine, plus a fancy interface and often some special patches along with direct support and CodeWeavers developers work directly on Wine which is free and open source for everyone.

        For a few years now, CodeWeavers have also been working with Valve on Steam Play Proton, the fork of Wine dedicated to gaming on Steam + Linux. Not only that, they also offer direct porting and support services to developers wanting to get their stuff onto different platforms. They’ve now given these services some actual names with “PortJump” and “ExecMode”

    • Desktop Environments/WMs

      • K Desktop Environment/KDE SC/Qt

        • Krita 4.4.0 Released with New Fill Layer Types & Brushes Options

          Digital painting software Krita 4.4.0 was officially release today with great new features and hundreds of bug-fixes.

          [...]

          The Krita Lime PPA maintains the latest packages for Ubuntu 18.04 and Ubuntu 20.04.

        • How To Install Krita 4.4 on Ubuntu 20.04 / Linux Mint | askmetutorials

          Krita team announced a new version 4.4.0, it is a bugfix release and new features are added to this, all the users are requested to upgrade to this version.
          Krita is a free and open-source painting tool for artists, illustrators, matte and texture artists, Krita has been in development for 10 years and recently it came to live and having a good response now.

          Its interface is similar to those who worked in Photoshop or the open-source tool GIMP software and recently they have added this application in the Steam gaming platform and the steam Linux OS also.

        • KClock v0.1 released

          With the official release of Plasma 5.20 today, we tagged KClock v0.1. Being the first release of KClock, we’ve spent months tried to provide the default clock app for Plasma Mobile you’d expected.

          As of the time this post was written, one issue still exists. Even though it isn’t a problem in KClock, it’s important.

          Due to the issues about QMultiMedia, alarm ringtone won’t be played. Notification sounds for timers works as expected since it’s not played by QMediaPlayer. While this heavily affects the usability of KClock, there is nothing we can do about it. Be optimistic though, it worked before XD.

      • GNOME Desktop/GTK

        • Sébastien Wilmet – Blog post – gedit crowdfunding

          The gedit text editor has a long history of development, it has been created in 1998 at the beginnings of GNOME. So it is one of the oldest GNOME application still alive and usually installed by default with Linux distributions that provide GNOME as their desktop environment.

          It is this – the fact that many Linux users know and have gedit installed – that motivates me to improve it, to make it a top notch core application. It is not an easy undertaking though, the codebase is old and large, and there are several underlying software components (libraries) that are critical for the main functioning of gedit.

          I started to contribute to gedit in 2011, and I’m now its main developer. I’m a freelance software developer, and would like to devote as much time as possible to gedit development, including the underlying libraries.

    • Distributions

    • Devices/Embedded

    • Free, Libre, and Open Source Software

      • Web Browsers

      • Productivity Software/LibreOffice/Calligra

        • LibreOffice Drops An Open Letter to Legacy OpenOffice, and it’s huge.

          The LibreOffice board announced their take on OpenOffice via an open letter today. And it seems a big deal.

        • [LibreOffice] PDF annotations support

          In Draw, a PDF document can be opened using the PDFium library for rendering, where each page in the Draw document contains an rendered image from the PDF. This mode is useful for viewing PDFs and allows for the best fidelity. With viewing, there is also a need to review and comment and this is where PDF annotations come in as adding the support for the PDF annotations and to support a review based workflow has been one of my recent task at Collabora Productivity.

          PDF supports a wide variety of annotations, but we don’t support all of them in Draw. What we do support are comments, which are similar to pop-up note annotations in PDF, so the easiest is to add those first. To be able to use pop-up notes in Draw, we need to import them. This is done at import by using PDFium after we created the PDF graphic for rendering. In Draw, we then insert this as comments and so we get the basic support for manipulating with annotations, but how to save the changes? PDF export already supports saving comments as annotations, so this mostly already works (I needed to fix some bugs and add support for saving all needed properties).

      • Education

        • Martin Dougiamas: Why Openness in Education is essential

          You probably never heard of Moodle – unless you are a student. Moodle is the worlds most widely used educational platform and it’s free software available under the GNU GPL version 3. Martin Dougiamas, who originally wrote Moodle, held a talk explaining what Moodle is, what features it has, what’s planned for the future and what proprietary software it competes with at the NextCloud 2020 conference that took place October 2nd to 3rd, 2020. The video is 36 minutes long and worth a watch if you want some insights into modern education systems.

        • Why Schools Should Exclusively Use Free Software
      • Programming/Development

        • Excellent Free Tutorials to Learn Factor – LinuxLinks

          Factor is a dynamic stack-based programming language. It was originally conceived as an experiment to create a stack-based language practical for modern programming tasks. It was inspired by earlier stack-based languages like Forth and Joy.

          Factor programs look very different from programs in most other programming languages. At the most basic level,function calls and arithmetic use postfix syntax, rather than prefix or infix as in most programming languages. Factor provides local variables, but they are used in only a small minority of procedures because its language features allow most code to be comfortably written in a point-free style.

          Here’s our recommended free tutorials to learn Factor.

        • Perl/Raku

          • [Raku] Rakudo Weekly News: 2020.41 A First Year

            About a year ago, the first Rakudo Weekly News hit the Net, shortly after the name change to Raku was officially accepted. It’s quite amazing how much has been achieved in the year since then. The extensive documentation has been updated, many (not yet all though) internals have been updated, several Raku books have been published, over 1500 Raku questions on StackOverflow, a lively /r/rakulang subreddit with more than 600 users, and a lively #rakulang Twitter feed as well!

        • Python

          • Extracting Linux System and Hardware Info Using Python | FOSS Linux

            Finding hardware and system information in Linux is a handy and interesting task. We can extract Operating System details, user details, memory details, CPU details, and much more using simple python codes on Linux. Although we can perform many of those things using terminal and bash scripting, python is way more interesting.

            As a python lover, we want every task to be done using that language, so extracting system and hardware information with python is a great task. Also, we can learn both Linux and python concurrently. This article will be quite long, so take your time to read the whole article and run each code for better understanding.

            You can copy each of the codes in a python IDE and run it. If you don’t have a python IDE or want to compare between IDE, see our guide on the top 10 IDE for Linux. By the way, I am using the VS Code as an IDE for writing code. It is open-source and easy to use. If you want to use Visual Studio Code, see our guide on installing VS code on Linux.

          • Web Scraping With Beautiful Soup and Python – Real Python

            The incredible amount of data on the Internet is a rich resource for any field of research or personal interest. To effectively harvest that data, you’ll need to become skilled at web scraping. The Python libraries requests and Beautiful Soup are powerful tools for the job. If you like to learn with hands-on examples and you have a basic understanding of Python and HTML, then this course is for you.

          • PyCoder’s Weekly: Issue #442 (Oct. 13, 2020)
  • Leftovers

    • Education

      • College and the Cheating Culture

        It isn’t a long essay, as I said, but I can’t stop thinking about it because it seems to me to sum up in its few short paragraphs everything that is wrong with contemporary American culture. The author came from a poor Hispanic background where women’s first duty was considered to be to the family and hence where women rarely went to college. The author was determined, however, to go to college and unwilling to wait until she could persuade her parents to support her in this ambition, or until she could pursue it without their support. So she purloined a copy of her parents’ tax return from “the box” where “all important papers were kept,” copied the information onto a financial aid form and practiced writing her mother’s signature until she could do it well enough to forge her mother’s signature on the form.

        As a result of this forgery, the author was awarded a full scholarship and hence “allowed” to go to college. She continued her education, she explains, until she had earned her Ph.D. Her mother never forgave her, she observes, and then adds somewhat cryptically at the end that “some crimes are greater than others.”

    • Health/Nutrition

      • “I Feel for Them”: Son of Former White House Butler Says Trump Endangered Health of Residence Staff

        Charles Allen, whose father Eugene Allen worked as a butler at the White House for 34 years, says President Trump’s reckless actions following his COVID-19 hospitalization are threatening the health of the domestic staff at the White House. “As my dad used to say, they were the little people that made it possible for the big people to do what they did,” he says. Eugene Allen, who served eight presidents, from Harry Truman to Ronald Reagan, died in 2010, but his life story became the basis of the 2013 film “The Butler,” starring Forest Whitaker.

      • Omnibus Collisions: Coronavirus Policing and Overreach in Victoria

        The formulation seemed an odd one: health services staff as designated officers to halt transmission perhaps, but unqualified members of the Victoria Police, along with Protective Service Officers? The Secretary of the Department of Health and Human Services was the proposed appointer; the appointees (“authorised officers”) would be anybody deemed to possess appropriate skills, attributes or experience. Such elevated, muscularly vested officers would have the power to detain anyone who has tested positive for COVID-19, or anyone who had been in close contact with a positive case, for a period “reasonably necessary to eliminate a serious risk to public health,” provided it was “reasonably believed” they would fail to comply with a direction of self-quarantine.

        Hennessy evaded the severe implications of such a broadly worded provision, arguing for convenience and efficiency, the two traditional hallmarks of the authoritarian mentality. The appointment power would focus upon “individuals with particular attributes, such as connection to particular communities”. “Contact tracing” would be able to take place in “a culturally safe manner.” A for any oversight limitations, these appointments would be subject to a “specific instrument” outlining specific authority and limitations authorised by the Secretary and Chief Health Officer.

      • The GOP Is Pursuing a Public Slaughter Strategy, Known to Some as ‘Herd Immunity’

        We shouldn’t be surprised. It’s simply the logical extension of conservative policies on pretty much everything for the past 90 years—policies that have killed a hell of a lot more than just 2.5 million people.

        Republicans simply don’t believe it’s part of the job of government to provide for the “general welfare” of the American people; instead, government—in their minds—should only run the police and the military, while maintaining a stable currency so business can function. Here are some other beliefs driving Republican policies:

      • Ai-jen Poo: Trump Flouts COVID-19 Safety Rules with “Utter Disregard” for White House Domestic Staff

        President Trump’s return to the White House and defiant mask removal despite still being treated for COVID-19 has threatened the health of the mostly older, Black and Brown household staff, says domestic worker advocate Ai-jen Poo, senior adviser to Care in Action. “These are essential workers who have been keeping him and his family safe and caring for them, and he showed a complete and utter disregard for their health and safety,” she says. At least three White House housekeepers and one other member of the residence staff were recently infected, according to The New York Times. Meanwhile, thousands of domestic workers face dire consequences from the failure to pass a new coronavirus stimulus bill, and have organized to support each other in the meantime.

    • Integrity/Availability

      • Proprietary

        • Security

          • Security updates for Tuesday

            Security updates have been issued by Mageia (mariadb), openSUSE (qemu and tigervnc), Oracle (kernel), Red Hat (chromium-browser and kernel), and SUSE (php5).

          • Microsoft Fixes Ping of Death Flaw in Windows | Decipher

            Microsoft has released a patch for a critical remote code execution vulnerability in Windows 10 and Windows Server 2019 that can be exploited by sending one packet to a vulnerable machine.

            While the vulnerability (CVE-2020-16898) is simple to exploit and could result in a full compromise of a target machine, there are some mitigating factors, specifically the fact that it exists in the Windows IPv6 stack and not the IPv4 stack. So, disabling IPv6 if it’s not in use is the quickest mitigation. There is a proof-of-concept exploit for the bug that has been shared with members of Microsoft’s Active Protection Program, but Microsoft said in its advisory that the vulnerability has not been exploited in the wild yet to its knowledge,
            “It results in an immediate BSOD (Blue Screen of Death), but more so, indicates the likelihood of exploitation for those who can manage to bypass Windows 10 and Windows Server 2019 mitigations. The effects of an exploit that would grant remote code execution would be widespread and highly impactful, as this type of bug could be made wormable,” Steve Povolny and Mark Bereza of McAfee Advanced Threat Research said in an analysis of the flaw.

          • Authentication Bug Opens Android Smart-TV Box to Data Theft | Threatpost

            The streaming box allows arbitrary code execution as root, paving the way to pilfering social-media tokens, passwords, messaging history and more.

            A critical bug in the Hindotech HK1 TV Box would allow root-privilege escalation thanks to improper access control. A successful exploit would allow attackers to steal social-networking account tokens, Wi-Fi passwords, cookies, saved passwords, user-location data, message history, emails, contacts and more, researchers said.

          • Lemon Duck Cryptocurrency-Mining Botnet Activity Spikes | Threatpost

            Researchers are warning of a recent dramatic uptick in the activity of the Lemon Duck cryptocurrency-mining botnet, which targets victims’ computer resources to mine the Monero virtual currency.

          • iTWire – Cisco duo find cryptocurrency-mining botnet that can hit Windows and Linux

            A cryptocurrency-mining botnet known as Lemon Duck has been displaying increased activity since the end of August, researchers from Cisco’s Talos Intelligence Group say, adding that while defenders would have spotted this activity, it would not have been noticed by end users.

    • Defence/Aggression

      • Is Syria’s Idlib the Next Gaza Strip?
      • How can Americans support peace in Nagorno-Karabakh?

        Armenia and Azerbaijan fought a bloody war over Nagorno-Karabakh from 1988 to 1994, by the end of which at least 30,000 people had been killed and a million or more had fled or been driven out of their homes. By 1994, Armenian forces had occupied Nagorno-Karabakh and seven surrounding districts, all internationally recognized as parts of Azerbaijan. But now the war has flared up again, hundreds of people have been killed, and both sides are shelling civilian targets and terrorizing each other’s civilian populations.

        Nagorno-Karabakh has been an ethnically Armenian region for centuries. After the Persian Empire ceded this part of the Caucasus to Russia in the Treaty of Gulistan in 1813, the first census ten years later identified Nagorno-Karabakh’s population as 91% Armenian. The USSR’s decision to assign Nagorno-Karabakh to the Azerbaijan SSR in 1923, like its decision to assign Crimea to the Ukrainian SSR in 1954, was an administrative decision whose dangerous consequences only became clear when the U.S.S.R. began to disintegrate in the late 1980s.

      • Russia threatens to halt dialogue with EU amid Navalny spat
    • Environment

    • Finance

      • White House virus aid offer is panned by Pelosi, Senate GOP

        A new White House coronavirus aid offer got bad reviews from both ends of the political spectrum on Saturday.

        House Speaker Nancy Pelosi, D-Calif., rejected the most generous Trump administration plan to date as “one step forward, two steps back.” The Republicans who control the Senate dismissed it as too expensive and a political loser for conservatives.

      • Delta posts $5.4 billion 3Q loss as pandemic hammers travel

        The summer travel season was even worse than expected for Delta Air Lines, which said Tuesday that it lost $5.4 billion in the third quarter as people hunkered down at home during the pandemic.

        Delta officials pushed back their timetable for breaking even, from year-end to next spring, as their previous expectation that COVID-19 would be contained proved too rosy. The airline’s shares fell almost 3% on Tuesday.

    • AstroTurf/Lobbying/Politics

      • Trump’s True Legacy Is That of a Warmonger

        Behind the smoke and mirrors of Trump’s tweets and publicity stunts, he has doubled down on everything that was already wrong with America’s catastrophic militarist foreign policy.

      • What History Tells Us About Trump’s Implosion and Biden’s Opportunity

        A few weeks after the November 2016 election, I called Yale political scientist Stephen Skowronek to get his reaction to Donald Trump’s astonishing victory. Earlier that year I had read Skowronek’s landmark 1993 work, The Politics Presidents Make, which spans American presidential history, tracing the roughly 40–60 year cycles of what he calls “political time.” First, a transformative or “reconstructive” president inaugurates a new regime (most recently, FDR and Ronald Reagan), that is succeeded by an alternating cast of regime-supporting “affiliates” (for FDR, Harry Truman and JFK/Lyndon Johnson; for Reagan, the Bushes) and “preemptive” regime-challengers (Dwight Eisenhower, Richard Nixon; Bill Clinton, Barack Obama) who suggest an outline of something new, before the regime finally proves incapable of responding to new problems and collapses under the helpless watch of a “disjunctive” president, an ambivalent adherent of the party’s original orthodoxy (Jimmy Carter; Trump?).

      • Social Media Demonization Is Another Moral Panic

        It’s nothing new to hear the rich put the responsibility on the poor. Poor people carry society forward and people get rich not from good ideas but from exploitation. Work gets a dollar, ordering others to do work makes a million. However, why should we fall into this romantic idea when it comes to work? The rich are lazy, but we all want to be. It’s fun.

        I hesitate to talk about populism these days as guys like Thomas Frank wag their finger at liberalism, make God-awful jokes and repeat ad nauseam that populism is Trumpism or even worse that Trumpism and socialism have something in common and that is poverty or stupidity but Frank doesn’t know the difference.

      • Fascism: Now You See It, Now You Don’t!

        Whereas democracy is the common term used to describe this country, we learn that fascism only occurred once in history, in one place, and that it was defeated by the aforementioned democracy.

        The expansiveness and elasticity of the notion of democracy could not contrast more starkly with the narrowness and rigidity of the concept of fascism. After all, we are told that democracy was born some 2500 years ago and that it is a defining feature of European civilization, and even one of its unique cultural contributions to world history. Fascism, by contrast, purportedly erupted in Western Europe in the interwar period as an aberrant anomaly, temporarily interrupting the progressive march of history, right after a war had been fought to make the world ‘safe for democracy.’ Once a second world war destroyed it, or so the narrative goes, the forces of good then set about taming its evil ‘totalitarian’ twin in the East in the name of democratic globalization.

      • Lindsey Graham’s Desperation Is Getting Deadly

        When Senate Judiciary Chair Lindsey Graham refused to take a Covid test last week, before a scheduled debate with surging Democratic challenger Jaime Harrison, his motives were obvious. The health of his Senate colleagues be damned: Graham wasn’t willing to risk a positive test that could delay Amy Coney Barrett’s Supreme Court confirmation, which begins Monday.

      • WATCH LIVE: Protesters Block Entrance of Senate Building as First Barrett Confirmation Hearing Begins

        “We’re mobilizing all those who believe in freedom, equality, and justice to engage in direct action to put pressure on both key Senate Republicans as well as Democrats to ensure that this confirmation is delayed.”

      • Episode 111 – Third Party Candidates and the Scholars’ Strike with Professor Marie Drennan – Along The Line Podcast

        On today’s episode, Nicholas Baham II (Dr. Dreadlocks), Janice Domingo, and Nolan Higdon discuss the 3rd party candidates running for the presidency and the scholar strike with San Francisco State University’s Assistant Professor Marie Drennan.  Along The Line is a non-profit, education-based podcast that provides listeners with context and analysis about various critical and contemporary issues and topics. Hosted by Dr. Nolan Higdon, Dr. Dreadl

      • Trump is Waging War on Us, We Ignore It at Our Peril

        Tweeting from Walter Reed National Military Medical Center while battling the coronavirus, Trump posted a message to Twitter recruiting loyal soldiers. His post featured a photo of himself and the words, “Fight for President Trump!” It was linked to a page called “ArmyforTrump.com.” Trump’s campaign for reelection launched that website in March 2020 and sent out fundraising emails to “PATRIOTS ONLY,” telling them they would “make an excellent addition to the Trump Army.” Taking the theme of war even further, the campaign promised to send out camouflage hats with Trump’s campaign slogan in exchange for donations, saying, “The President wants YOU and every other member of our exclusive Trump Army to have something to identify yourselves with,” just as soldiers might sport identifying insignia or uniforms. And, according to the campaign message, Trump’s supporters are expected to be “the President’s first line of defense when it comes to fighting off the liberal MOB.”

        If such language were not disturbing enough, it is important to note that Trump has at his beck and call any number of loyal armed right-wing groups ready for actual combat on his behalf. During his first debate with Democratic presidential nominee Joe Biden, Trump hesitated only once during the entire 90 minutes, and that was when moderator Chris Wallace asked him to unequivocally denounce white supremacy. When Wallace named the group Proud Boys, Trump first said they should “stand back,” but then simply couldn’t resist adding, “and stand by,” which by any definition is a signal to be ready in case their help is needed. The fact that Trump felt comfortable and familiar enough with the Proud Boys to issue commands ought to be deeply disturbing considering that the group is comprised of white supremacist, misogynist, and well-armed men.

      • Will Today’s Millennials Ever Live in a More Equal USA?

        The latest edition of this Survey series has just appeared, complete with the most comprehensive, up-to-date info we now have available on who has wealth in the United States and who doesn’t.

        In that who-doesn’t category go the households of the nation’s millennials, those Americans born between the early 1980s and 1996 or so.

      • Trump, Plato, and the Wizard of Oz

        Trump desperately needs to avoid another withering exposure that another debate would cement. That is why, true to the coward that he is, he’s hiding from it. 

      • The Nuclearization of American Diplomacy

        Talking tough and carrying a radioactive stick.

      • “Loser” Pence Bullies Fabrications Through Debate Time Rules

        Again and again, Pence blew through the two minute, one minute, and 30-second limits so he could extend his fabrications and phony promises. Again and again, moderator Susan Page of USA Today would say “Thank you” five or six times to get Pence to stop each infraction. Pence also interrupted Harris in mid-sentence, against the rules.

        This boorishness should have been anticipated by the Commission on Presidential Debates (CPD). The CPD has put on presidential debates since its creation by the Republican and Democratic Parties in 1984 to replace the League of Women Voters when they couldn’t control the League’s independence (See No Debate by George Farah and his website, opendebates.org ).

      • What Comes Next is Up to Us

        This may be the legacy of Donald Trump, our first corkscrew-in-chief: He has popped the cork on who we are and reality, so it seems, is gushing uncontrollably like never before. Trump, with his defiance of political correctness and the norms of the status quo, not to mention his desire to be the American Mussolini — unchallenged in his leadership either by election results or medical consensus — has created much of the chaos on his own. But the bulk of the chaos is simply America the Terrible emerging from the shadows: our real history suddenly visible.

        I apologize for the following lyrics, but with the American empire possibly on the verge of collapse, I felt the need to begin writing a shadow version of “America the Beautiful”: “O terrible for brutal cops, for presidential lies, for racist actions endlessly, beneath the smoke-filled skies. America, America, God’s sick and tired of thee. Coronavirus, that’s your crown, from sea to shining sea.”

      • Florida’s Chaotic 2018 Midterms Could Portend What’s to Come in November

        As the nation prepares for an election that President Donald Trump has already suggested he will contest, Florida’s 2018 midterms provide a window into the political gamesmanship, bureaucratic errors and misinformation campaigns that may ensue.

      • It’s Time to Unpack the Court

        Mitch McConnell has been packing the federal courts for six years now, and, as a result, the nation is calling out for rebalancing.

      • Protesters Block the Entrance to Senate Building During First Barrett Hearing

        Dozens of demonstrators blocked the entrance to the Hart Senate Office Building Monday morning to protest the Republican-controlled Senate Judiciary Committee’s decision to hold the first confirmation hearing for President Donald Trump’s right-wing Supreme Court nominee Amy Coney Barrett with less than a month to go before the pivotal November election.

      • Indigenous Children Could Be in Danger With an Amy Coney Barrett Nomination

        President Donald Trump’s nominee for the U.S. Supreme Court, Judge Amy Coney Barrett, is raising red flags for supporters of a federal law designed to preserve Native American families and culture.

    • Censorship/Free Speech

      • Anti-censorship team report: September 2020

        Tor’s anti-censorship team writes monthly reports to keep the world updated on its progress. This blog post summarizes the anti-censorship work we got done in September 2020. Let us know if you have any questions or feedback!

    • Freedom of Information/Freedom of the Press

      • Julian Assange faces the ‘trial of the century’: 10 reasons why it threatens freedom of speech
      • The Tortured Trial of Julian Assange

        What Julian Assange and his organization Wikileaks have revealed for the whole world to see is the systematic devastation of peoples, of lands, and perennial military pollution of planet earth. The main perpetrator is the most powerful and self-declared “greatest democratic nation” in the world, the United States of America—accompanied by its European and Commonwealth vassal states, plus proxy allies in the Middle East and Zionist Israel.

        The villainous perpetrators are the prosecutors. The truth-telling hero is their prisoner.

    • Civil Rights/Policing

      • It’s Past Time to Abolish Columbus Day and Establish Indigenous Peoples’ Day in the United States

        The holiday is a monument to white supremacy, and it’s time we abolished it.

      • O’odham Land Defenders Lead Indigenous Resistance to Trump’s Border Wall Amid Militarized Crackdown

        As 14 states and more than 130 cities across the U.S. celebrate Indigenous Peoples’ Day in place of Columbus Day, we go to Arizona, where Indigenous communities are leading resistance against the construction of the U.S.-Mexico border wall near a sacred spring inside the Organ Pipe Cactus National Monument. People’s “lives have been so severely impacted by not only this border wall, but the complete militarization of our homelands due to this irrational fear of folks on the other side, which are our relatives,” says Nellie Jo David, an O’odham water and land defender. This campaign of nonviolent protests comes as a federal appeals court issued an order Friday to halt the border wall construction in Arizona, along with Texas, New Mexico and California.

      • It’s Time for Italian Americans to Give Up on Columbus

        On June 9 in Richmond, Va.—two weeks into the protests following the police killing of George Floyd—demonstrators gathered at a statue of Christopher Columbus in the city’s Near West End. After a march of about 1,000 people, led by Indigenous activists in solidarity with the Black Lives Matter movement, protesters threw ropes across the statue, pulled it down, rolled it 200 yards, and threw it into a nearby lake.

      • The New Humanitarian | Greece must reform its failed asylum policies now

        As European countries negotiate a new Pact on Asylum and Migration, “no more Morias” has become a rallying cry: The scorched camp is a palpable symbol of Greek and EU policy failures. The Pact aims to improve “solidarity” and better distribute responsibility for asylum seekers among EU states. But that in itself is not a solution to the humanitarian crises and human rights violations occurring at and within the EU’s borders.
        For there truly to be no more Morias, the EU as a whole must recommit to its fundamental values. But Greece cannot wait for an agreement to fulfill the obligations it already has to protect those seeking safety.
        This means ending illegal pushbacks and other abuses at the country’s borders – abuses that the Greek government denies are taking place and is failing to investigate – and ensuring access to fair asylum procedures. It also means ending the neglect of refugees whose statuses have already been recognised.

      • Protesters knock down Roosevelt, Lincoln statues in Portland

        Protesters in Portland overturned statues of former Presidents Theodore Roosevelt and Abraham Lincoln and vandalized the Oregon Historical Society in a declaration of “rage” toward Columbus Day.

        Protest organizers dubbed the event “Indigenous Peoples Day of Rage,” in response to Monday’s federal holiday named after 15th-century Italian explorer Christopher Columbus, a polarizing figure who Native American advocates have said spurred centuries of genocide against indigenous populations in the Americas.

      • Facebook bans Holocaust denial, distortion post
    • Monopolies

      • Flood of antitrust class actions over app distribution spills over to state court: Beverage v. Apple pending in Superior Court of California

        That is a state court. I haven’t obtained the complaint yet, but it’s obvious that this must be a case raising Unfair Competition Law (UCL) issues. State UCL and federal antitrust law (Sherman Act) have some overlaps.

        Epic Games and other plaintiffs in federal court have brought state UCL claims in addition to claims under federal antitrust law. Federal courts can rule on state law claims under the diversity jurisdiction rule (28 U.S.C. § 1332), which applies since Epic Games v. Apple involves companies from two different states (California and North Carolina) and is undoubtedly about more than $75K, in addition to the factual overlap between Epic’s Sherman Act and UCL claims (supplemental jurisdiction under 28 U.S.C. § 1367).

        Both Apple and Epic have reserved the right to file a motion to relate that Beverage case with the set of federal lawsuits in Judge Yvonne Gonzalez Rogers’s court. Also, a court can take the initiative to relate cases (sua sponte).

      • Epic Games insists on conducting discovery of Steve Jobs and Tim Cook’s emails: 3.6 million Apple documents are not enough

        On Friday, Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California granted Epic Games’ motion for a preliminary injunction against Apple only with respect to its developer account for Unreal Engine, but it’s still up to Epic itself to #FreeFortnite, though Epic’s aggressive attitude makes a Ninth Circuit decision likely to be inevitable before the iOS version of Fortnite will return to the App Store.

      • Patents

        • Interesting Case on Admissibility of Expert Testimony in Bench Trials: A Circuit Split

          I serve on occasion as an expert witness in patent-related trials, on inequitable conduct and the standard of care in malpractice. Of interest to me for that reason and because I still do lawyering work is UGI Sunbury LLC v. A Permanent Easement for 1.757 Acres (here) a 2019 Third Circuit decision holding that the same standard under Daubert/Kumho Tire governing admissibility of expert testimony in jury trials applies to bench trials where the trial court is the fact-finder. Specifically, while the court recognized trial courts have discretion as to how to admit expert testimony and use it, the court cannot admit unreliable expert testimony in the first instance, even when it is a bench trial. This presents a circuit split (note 4 of the opinion collects some of the contrary opinions).

        • Software Patents

          • Open Invention Network Announces Continued Expansion of its Open Source Patent Non-Aggression Zone

            Open Invention Network (OIN), the largest patent non-aggression community in history, announced today that it has further reduced patent risk associated with core Linux and adjacent open source code through the measured expansion of the scope of its Linux System Definition. To keep pace with innovation and safeguard broad-based adoption of open source code, Open Invention Network periodically revises its Linux System coverage to include core code drawn from the growing number of important open source projects.

            [...]

            This, the eighth such update in OIN’s history, continues OIN’s well-established policy of applying a conservative, consensus-driven and community-informed approach to the addition of core open source functionality to the Linux System definition.

            Open to all, OIN’s community practices patent non-aggression in core Linux and adjacent open source technologies by cross-licensing Linux System patents to one another on a royalty-free basis. Patents owned by Open Invention Network are similarly licensed royalty-free to any organization that agrees not to assert its patents against the Linux System.

Response to “Microsoft Shuts Down a Hacking [sic] Operation”

Posted in Deception, Microsoft at 4:06 pm by Guest Editorial Team

By DaemonFC/Ryan F. (Waukegan, IL)

Beware of hippiesSummary: “I responded to electoral-vote.com because they mentioned Microsoft as the “good guy”,” writes DaemonFC. “For taking down some ransomware (with lawyers, of course).”

I just can’t let this slide. (“Microsoft shuts down a hacking [sic] operation.”)

The same Microsoft who makes an operating system that often can’t shut the computer down properly, go a month without broken updates that may even physically damage the user’s computer, and has malware so prevalent that OEMs have mistakenly sold millions of computers with it preinstalled and then went “Ooops.” can be trusted with anything involving security?

“The more Bill Gates talks about Coronavirus vaccines (in bought and paid for editorials….he has no college degree), the fewer people want to take one when it’s available. People know how shifty he (and Microsoft) is.”That’s just some of the reasons I just use Kubuntu Linux on my computer.

The more Bill Gates talks about Coronavirus vaccines (in bought and paid for editorials….he has no college degree), the fewer people want to take one when it’s available. People know how shifty he (and Microsoft) is.

The comparison to Darth Vader is inappropriate. Darth Vader was basically a good guy that was corrupted by external influence. Microsoft is, has been, and likely always will be corrupt, down to the roots.

“Plus, Trump only starts talking about “regulations” when it comes to making tech companies let him abuse his platform with lies, hate speech, and calls for death squads to go kidnap state governors.”They were found guilty of antitrust abuse in court, although nothing substantial was done. So, so much for government regulation. They survived it the last time and got much nastier.

Plus, Trump only starts talking about “regulations” when it comes to making tech companies let him abuse his platform with lies, hate speech, and calls for death squads to go kidnap state governors.

In fact, Trump is trying to subsidize Microsoft by giving them the JEDI contract with no bidding, which is what led to the Amazon lawsuit. They’re his friends, and they even promoted his tax scam in their SEC report this year.

Editorial comment: Shame on TheHill for characterising the company that puts back doors in everything as the saviour/redemption from security threats. Also see this bit about how it was a lawyer’s job, not a technical solution.

We’ve Relegated UPC ‘Fake News’ to Our Daily Links (Because It Has Gotten Increasingly Ridiculous)

Posted in Deception, Europe, Patents at 3:51 pm by Dr. Roy Schestowitz

Summary: Anything like the Unified Patent Court (UPC) is simply unconstitutional; but law firms and ‘news’ sites (working for these law firms) are still in denial about the simplest of facts as they continue spreading baseless optimism ahead of another Bundestag charade

EARLIER TODAY it became apparent that Team UPC isn’t as dead as the UPC itself and no amount of critical comments (e.g. blog comments) and clear intent to file further complaints would discourage misinformation.

“At the end of the day the German ministry of injustice will look very foolish and Team UPC will have to explain to gullible clients — yet again — why there have been so many misleading blog posts.”Some time later this month Bundestag chums might vote, but the short story is, as the FCC already publicly stated, the number of people voting wasn’t the sole problem. The Justices spoke about this with the German media and it has since then got even more complicated (e.g. UK de-ratifying UPC/A). Nevertheless, seeing headlines such as Germany hastens second ratification of Unified Patent Court, German draft UPC ratification bill in parliament, chance of new constitutional challenges (the comments are more accurate than this post), German Parliament refers UPC bill to committees for consideration on first reading, and Germany tries again to ratify Unified Patent Court-Agreement one might be tempted to think that this still stands a chance.

Sorry, no.

“The facts and the law are not on Team UPC’s side; they know it!”Having spoken to a bunch of people familiar with this situation, there will almost certainly be chaos if there was somehow a positive vote (an unlikelihood in its own right). At the end of the day the German ministry of injustice will look very foolish and Team UPC will have to explain to gullible clients — yet again — why there have been so many misleading blog posts. Aggressive political lobbying may be effective at the level of Bundestag, but not courts like the FCC.

So, long story short, we don’t expect anything major to happen this month (except perhaps yet another constitutional complaint, shall it be needed). The facts and the law are not on Team UPC’s side; they know it!

For the time being whenever we stumble upon misleading ‘articles’ and blog ramblings (usually Bristows LLP at its own site and anonymously at Kluwer Patent Blog) we’ll likely add them to Daily Links with a correction/comment. The UPC is too dead to spend a lot of time on. We’re almost in 2021 now. They told us UPC would start in early 2015. See below.

War is Peace, Microsoft Loves Linux (Normalising Demented Thinking for Clicks and Profit)

Posted in Deception, GNU/Linux, Microsoft at 3:29 pm by Dr. Roy Schestowitz

SJVN lunacy

Summary: The war on truth (or facilitating Microsoft’s takeover of its competition, as per many examples in the Microsoft antitrust cases and Bill Gates deposition) is in full swing, with countless/numerous baseless articles looking to blur the gap between Microsoft and the alternative to Microsoft

MICROSOFT-sponsored publishers (like IDG above; that’s two days ago) insist that lies are truths and truths are lies. They’re in the business of reality distortion. That’s just their business model. That helps sell ads (both Microsoft ads and click-bait that increases ‘engagement’).

“They’re in the business of reality distortion. That’s just their business model.”Bribes talk. If we’re getting to the point where corporate media repeatedly tells us that the famous criminal Bill Gates is a Saint, then why not “Microsoft loves Linux” as well? Follow the money… any lie can almost stick if you bribe enough (Microsoft is still bribing a lot and sometimes getting caught).

Manisfestation against missileIf we’re to believe that Microsoft loves Linux, then we should also believe that Microsoft loved Novell, Microsoft loved Nokia, Microsoft loved Borland, Microsoft loved Java, Microsoft loved Netscape, Microsoft loved Yahoo!

The media (what’s left of it anyway) has become so corrupt that its sole goal seems to be lying, provocation (for clicks) and fantasy. Not facts. Not proper analysis.

To see SJVN stooping down to this level is rather sad to us because in past years he was supportive of us. In recent years he asked us to call him “crazy”. Maybe he quit caring about his reputation and started to only care about his job security/bank account [1, 2, 3]. The money isn’t in truth but distortion of it.

IBM: The Word “Master” is Rude (Except When We Use It Ourselves)

Posted in Deception, IBM at 10:51 am by Dr. Roy Schestowitz

One of many (endless) examples of IBM’s double standards

Master@IBM: Study at the HECTOR School & foster your career with IBM

Summary: Pointing out that IBM’s (and Red Hat’s) push to eliminate mostly innocuous words (the word “master” does not imply presence of slaves or a relationship like slavery) doesn’t match the words and behaviour of IBM itself

THE racist past of IBM isn’t something that can be magically purged; IBM tried to purge black people in the days eugenics was a big thing in the US (IBM at least helped implement or assist such ambitions of racial ‘purity’, for profit). Without doing these nefarious things IBM would have likely remained a startup, never to grow, only to perish. It would not exist today.

“The bottom line is, IBM is playing manipulative perception games.”Fast-forward one century. The "master race" giant IBM basically says to us that “master” is a “bad word” (or something along those lines, never mind words like “headmaster” or “Master’s Degree”), but IBM still uses the word a lot, even as recently as 3 months ago (IBM Master Data Management Update and Roadmap – YouTube) and IBM’s official video from a few years ago has “Master” all over the place. The first 15 seconds of this video:

Lots of women in this promotional video (far more than their proportion inside IBM itself). The bottom line is, IBM is playing manipulative perception games. Language sanitisation is part of that.

Links 13/10/2020: New KDE Plasma Release, Sailfish OS 3.4 and the Latest Open Letter to Apache OpenOffice

Posted in News Roundup at 9:59 am by Dr. Roy Schestowitz

  • GNU/Linux

    • Desktop/Laptop

      • 11 Best Place to Buy Linux Pre-installed Laptops

        Pre-installed laptops can be used with great peace of mind as hardware and subsystems are tested properly to work without any issues. Linux laptops are comparatively lighter when compared to Windows and don’t use many resources. Linux distro mostly works perfectly in low spec hardware so you can save money. .

        If you are a Linux fan and looking forward to owning a laptop with Linux based OS, we have listed some of the best plays to buy.

    • Server

      • Google Set to Unleash Knative – SDxCentral

        Google is set to give up most control over the Knative Project by electing a steering committee to oversee the direction of the Kubernetes-based serverless project. The decision comes on the heels of Google taking a more controversial approach with the Istio service mesh project.

        Protocol first reported on Google’s plans for the Knative Project late last week.

        In a blog post, Paul Morie, writing on behalf of the Knative Steering Committee, explained that it had recently constructed a new steering committee charter that will include an upcoming election for five steering committee members. The plan calls for the five members to serve as individuals and not representing their employer. The plan also states that no vendor will be allowed to have a majority of seats on the steering committee.

        The project will also set up a new Knative Trademark Committee to deal with trademark issues. That committee will initially include members from Google, IBM/Red Hat, and VMware.

      • Using eBPF Monitoring to Know What to Measure and Why – Container Journal

        eBPF enables users to trace application activity down to a very low level for better performance analysis

        Let’s say you’re a doctor. You know that the human body is tremendously complex, with multiple systems operating and interacting simultaneously. You also understand that sometimes things can go wrong and a person gets sick. Or there might be symptoms that history suggests are potential signs of trouble. How do you determine what is going on? What metrics can you collect that will reveal medically valuable information? And what tools are available to do that?

        The same issue that has challenged physicians for centuries is one that IT professionals now face: When you’re troubleshooting a complex system, what diagnostics do you measure, how do you measure them and what do you do with your findings?

        [...]

        eBPF programs run inside the kernel; they are attached to a code path and whenever that code path is traversed, the program executes. This decoupling of the kernel and eBPF program increases the development time as the developer doesn’t have to recompile the kernel each time the eBPF program is changed. eBPF is useful for both packet processing as well as performance analysis and monitoring, as eBPF programs can be attached to tracepoints, kprobes and even perf events. As you may have already guessed, attaching user-space programs inside the kernel can cause serious security and stability issues; thus, a series of tests are performed on each eBPF program before it’s loaded.

      • Kubernetes Blog: Announcing the 2020 Steering Committee Election Results

        The 2020 Steering Committee Election is now complete. In 2019, the committee arrived at its final allocation of 7 seats, 3 of which were up for election in 2020. Incoming committee members serve a term of 2 years, and all members are elected by the Kubernetes Community.

        This community body is significant since it oversees the governance of the entire Kubernetes project. With that great power comes great responsibility. You can learn more about the steering committee’s role in their charter.

    • Audiocasts/Shows

      • Cloud Native Application Delivery Using GitOps – The Python Podcast

        The way that applications are being built and delivered has changed dramatically in recent years with the growing trend toward cloud native software. As part of this movement toward the infrastructure and orchestration that powers your project being defined in software, a new approach to operations is gaining prominence. Commonly called GitOps, the main principle is that all of your automation code lives in version control and is executed automatically as changes are merged. In this episode Victor Farcic shares details on how that workflow brings together developers and operations engineers, the challenges that it poses, and how it influences the architecture of your software. This was an interesting look at an emerging pattern in the development and release cycle of modern applications.

      • LHS Episode #372: Pond Scum | Linux in the Ham Shack

        Welcome to the 372nd installment of Linux in the Ham Shack. In this episode, we have a rogue co-host join the crew for stories about Jamboree on the Air/Internet, Supreme Court cases of a deeply important nature, revised band plans, losing frequencies, graphical WSL, GPL enforcement, the pre-release WSJT-X and much more. Thank you for listening and have a wonderful week.

      • Late Night Linux – Episode 100 – Late Night Linux

        Why Windows isn’t switching to a Linux kernel, Will tells us how he stopped his kids using TikTok with a Raspberry Pi, possible LNL merch, and the usual goodness in KDE Korner.

      • Video: CentOS 8 XFCE / zram swap screencast

        CentOS 8 only provides the GNOME Desktop. What if you want XFCE? EPEL has it. What if you want to access it remotely? x2goserver is your friend. What if you are on a Digital Ocean Droplet and don’t have any swap? Use zram swap. Enjoy.

      • Full Circle Magazine: Full Circle Weekly News #185

        Lenovo Releases 27 Thinkpads and Thinkstations with Ubuntu

        https://news.lenovo.com/pressroom/press-releases/lenovo-launches-linux-ready-thinkpad-and-thinkstation-pcs-preinstalled-with-ubuntu/

        Amnesia the Dark Descent, Without Assets, Now Open Source

        https://frictionalgames.com/2020-09-amnesia-is-now-open-source/

        Linux Journal Is Back

        https://www.linuxjournal.com/content/linux-journal-back

        Microsoft Confirms Edge On Linux in October

        https://blogs.windows.com/windowsexperience/2020/09/22/whats-new-in-web-experiences-ignite-2020-need-to-secure-your-remote-workers-choose-microsoft-edge-as-your-browser-for-business/

        Ubuntu Touch OTA-13 Out

        https://ubports.com/blog/ubport-blogs-news-1/post/ubuntu-touch-ota-13-release-3720

        Debian 10.6 Out

        https://www.debian.org/News/2020/20200926

        Linux Lite 5.2 RC1 Out

        https://www.linuxliteos.com/forums/release-announcements/linux-lite-5-2-rc1-released/

        4MLinux 34 Out

        https://4mlinux-releases.blogspot.com/2020/09/4mlinux-340-stable-released.html

        Linux Kernel 5.9 RC7 Out

        https://lkml.org/lkml/2020/9/27/449

    • Kernel Space

      • Linux 5.10 To Make One Of Its Pseudo Random Number Generators Less Predictable

        The Linux kernel’s prandom_u32() interface for providing pseudo-random number generation is used heavily by the kernel’s networking code but that PRNG output can be figured out rather predictably. Thus lining up for Linux 5.10 is a new prandom_u32 implementation.

        The prandom_u32 functionality is used in the networking code by several different drivers and for functionality like random port numbers, but since it can be trivially predicted, that isn’t good.

      • The latest build of the Linux operating system is here at last | TechRadar

        The immediate future of open-source software is here for now after Linux 5.9 was declared stable.

        The news came directly from the man behind the platform, as Linus Torvalds wrote in a blog post that the new version was ready.

        “I had hoped for quite a bit fewer changes this last week, but at the same time there doesn’t really seem to be anything particularly scary in here,” Torvalds wrote in his release notes. “It’s just more commits and more lines changed than I would have wished for.”

      • Linux Kernel 5.9 Released

        Linus Torvalds has released Linux kernel 5.9, saying that he had hoped for fewer changes in this most recent cycle, but “at the same time there doesn’t really seem to be anything particularly scary in here.”

        According to Torvalds, the bulk of the changes are the networking fixes that he previously mentioned as pending in the rc8 release notes. In fact, he says “about half the patch (and probably more of the number of commits) is from the networking stuff (both drivers and elsewhere).”

      • Eight release candidates later and it’s out: New hardware and more AMD in Linux 5.9 • The Register

        Linux 5.9 has been declared stable, with Linus Torvalds observing “there doesn’t really seem to be anything particularly scary in here” despite the number of tweaks in the last week.

        Although more lines had been changed than he would have preferred, the chief maintainer saw little reason for delay so version 5.9 is upon us.

        The bulk of the changes this time around lurked in “networking stuff”, according to Torvalds, and there have been eight release candidates needed to get to this point.

        As for version 5.9 itself, there is initial support for AMD’s Radeon RX 6000 graphics cards and Intel Rocket Lake GPUs.

        On the eve of release, the team at Phoronix noted that the AMDGPU graphics driver accounted for more than 10 per cent of the lines of code lurking within the source tree for the 5.9 kernel (although a huge chunk of that was actually auto-generated header files).

        For 5.9, the deadline scheduling class is now aware of the capacity of each CPU and FSGSBASE x86 instructions see support, bringing with it the potential for a jump in performance.

      • What is measured boot and trusted boot on Linux

        Sometimes I’m looking around for a subject to write about, and realise that there’s one that I assume that I’ve covered, but, on searching, discover that I haven’t. One of those topics is measured boot and trusted boot—sometimes misleadingly referred to as “secure boot.” There are specific procedures that use these terms with capital letters (e.g., Secure Boot), which I’m going to try to avoid discussing in this article. I’m more interested in the generic processes—and a major potential downfall—than in trying to go into the ins and outs of specifics. What follows is a (heavily edited) excerpt from my forthcoming book on trust in computing and the cloud for Wiley.

      • Hardware Monitoring Updates For Linux 5.10 Are Led By AMD Zen 3 Support

        Most notable with this round of hwmon updates is AMD Zen 3 CPU temperature monitoring is added to the existing k10temp driver. As outlined in that earlier piece when the code first hit hwmon-next, this is significant as it was contributed by an AMD engineer and ahead of launch. In the past it generally wasn’t until after the CPU launch that Linux users could have temperature monitoring support and was generally left to tackle by parties outside of AMD, but thankfully for Zen 3 the temperature support is ready to go. But for Linux 5.10 there isn’t any AMD Energy driver support yet for Zen 3, but at least some accumulation logic improvements in that amd_energy driver code also thanks to AMD.

      • New Intel / AMD Hardware Support Come With Linux 5.10 “Perf” Additions

        New Intel and AMD hardware support headline the performance events work for Linux 5.10 as part of the “perf” subsystem.

        Monday as the first full day of the Linux 5.10 merge window saw many Intel/AMD x86 changes and that continued with the performance events pull request sent out by Ingo Molnar later in the day.

      • Xen Summit: Running Xen without Direct Map – Xen Project

        With the rising number of speculation vulnerabilities in CPUs, it is time we rethink the design of Xen and restrict the attack surface as much as possible to defend against potential vulnerabilities in the future (defense-in-depth). At this year’s Xen Summit, Hongyan Xia & David Woodhouse from Amazon, took viewers through ways to do this.

      • There’s a new Linux driver for the Guitar Hero Live (PS3) and Wii U Guitar devices | GamingOnLinux

        Do you have a Guitar Hero Live (PS3) 6-fret guitar or perhaps one from the Wii U that you want to use on Linux? Prepare to dust them off.

        The new hid-ghlive-dkms driver from developer Pascal Giard, was created as they “really wanted to play a 6-fret guitar on Clone Hero”. For those not aware, Clone Hero is a free rhythm game (a clone of Guitar Hero – get it?), which can be played with any 5 or 6 button guitar controller, game controllers, or just your standard computer keyboard.

    • Applications

      • Read Ebooks From Commandline With Epy Ebook Reader

        EBooks have many advantages compared to paperback and hardcover books. An eBook is more accessible, convenient, affordable, and portable. The eBooks can be delivered to a range of digital devices, such as Computers, Tablet PCs, Smartphones and Kindle e-reader devices. There are plethora of graphical Ebook readers available. However, there are only a few applications exists to read eBooks from commandline. Today we will discuss about one such application. Say hello to epy, a CLI ebook reader developed for the command line inhabitants.

        Epy is a free, open source, command line ebook reader written in Python. It supports many ebook formats, such as Epub (.epub, .epub3), FictionBook (.fb2), Mobi (.mobi), and AZW3 (.azw3). Please note that image is not yet supported in mobi format and only some formats of .azw3 ebooks are supported.

        Epy displays the progress percentage as you read through the pages. It allows you to bookmark a specific page and integrate external dictionary.

    • Instructionals/Technical

      • Install a LAMP stack on Debian 10 “buster” – PragmaticLinux

        One of the first tasks when setting up a Linux web server is the installation of a LAMP stack.

      • How to install Dropbox headless on CentOS 8 Server – Linux Shout

        Dropbox is a popular cloud service that offers its client application for Windows, Linux, macOS, Android, and iOS to sync files between cloud and local devices. However, if you are on a command-line server that doesn’t have a graphical user interface, still we can have the benefits of Dropbox cloud storage to sync files between server and cloud. Here in this tutorial, we will show how to do that in CentOS 8/7 server without GUI and using only the CLI interface.

      • Schedule Commands And Scripts In Linux With Zeit (GUI For Cron And At) – Linux Uprising Blog

        Zeit is a Qt GUI for cron and at, allowing you to schedule recurring or one time tasks. The application also allows setting an alarm and a timer.

        Other features include the ability to add, edit and delete environment variables for crontab, as well as optional PolKit support for root actions.
        To add a new cron job using Zeit, click the Add Task button from its taskbar and you’ll get to a dialog that allows you to run a command or script at the time interval you specify.

      • How to Reset the MySQL Root Password – Linux Concept

        Do you want to reset the MySQL root password? Sometimes we forget the root password and not able to log in on MySQL, and we want to reset the password. It is happening with all of us most of the time.

        In this article, we will explain the process to reset the MySQL root password from the command line utility.

      • How to install ClipGrab on Ubuntu 20.04 LTs to download Youtube videos – Linux Shout
      • Configure Fonts on Arch Linux – Linux Hint

        Configuring the fonts on Arch Linux can assist you in the better display of your desktop. You can customize your font as per your preference if you are using Arch Linux. Indeed, the default fonts of Arch Linux are not that plain. But, if you want to make it more attractive and colorful, then go for the customize fonts. Programmers using the desktop environment of Arch Linux can comprehend the concept of setting variant fonts in their respective systems. Arch Linux itself is a tricky operating system, so using plan font can dull the mood. If you are looking at the user interface of Arch Linux for the fonts, then you won’t find them vibrant and alluring. That’s why the trend of setting customize fonts is voguish among programmers. This guide covers the configuration of fonts on the desktop environment. It shares the embracive details for the desktop environment of GNOME and KDE plasma.

      • How to Make Ubuntu 20.04 Look Like Mac OS – Linux Hint

        Changes are a part of nature, and this is also the case with technology. As time progresses, technology keeps on evolving and advancing through new and revolutionary changes. Ubuntu is the perfect example of this, as it has seen remarkable growth in its infrastructure. From what was once a simple server-based architecture, to now being used as the primary Linux distribution for desktops, this clearly shows how far Ubuntu has come.Ubuntu has made quite the name for itself in the industry and has quickly become one of the fastest-growing operating systems in today’s market. Being free and open-source, along with having a smooth and silky interface, has made Ubuntu a worthy challenger for Windows and Mac OS. One fascinating aspect about Ubuntu that has made it so sought-after among users is how easily customizable this distro is.

      • Install Ubuntu MATE 20.04 LTS on Raspberry Pi 4 – Linux Hint

        Ubuntu MATE is a flavor of Ubuntu that uses the MATE desktop environment. MATE desktop environment is a lightweight desktop environment that works seamlessly on low-power devices or old devices. Ubuntu MATE has ARM builds (for Raspberry Pi) available for download on the official website of Ubuntu MATE.

      • Base64 Encode and Decode From Command Line – Linux Hint

        Encoding is the process used to convert data in a format required for effective transmission or storage. In contrast, decoding is opposite to the encoding method which converts the encoded data back to its original format. Base64 is the encoding process where the binary data is converted into ASCII. Base64 encoding is mostly required to avoid the transmission problems that occur when binary data is transmitted to text-based systems which cannot handle the binary data properly. As a result, the information is lost or corrupted during transmission.

      • How to check RAM in a Linux – Linux Hint

        RAM stands for Random Access Memory considered as an important part of any computer system. When you open a file for editing or viewing its content, the system creates a temporary instance of this particular file in RAM so that you can do processing on it. Moreover, your system’s operating environment and RAM act as a medium on which you run a program. If you have a fresh Ubuntu operating system or VPS (Virtual Private Server) and you don’t have enough information about RAM, how much it is installed and used, the RAM speed, then this article is written for you.

      • [Old] LaTeX Handwriting Practice Worksheets

        Having never quite been able to write $\zeta$ or $\xi$ correctly, I cobbled together some code to generate worksheets to help practice my handwriting. Since a few people have expressed interest in them, I thought I’d share the documents and code here!

      • How to Install Drupal on Debian 10

        Written PHP, Drupal is a free and opensource content management system (CMS) that enables you to create powerful and elegant blogs or websites. It ships with preinstalled themes, widgets, and other out-of-the-box features that help you get started with little knowledge in web programming languages. It’s ideal for users who want to publish their content with but have little background in web development.

      • Setting up a webserver to use HTTPS | Enable Sysadmin

        This article discusses and demonstrates the steps to install and configure an httpd service to serve content over HTTPS. The purpose of using HTTPS rather than basic HTTP is that the content is encrypted while it’s in transit. This means that if somebody captures the traffic between your system and the webserver, they won’t be able to see what was being sent. If you were accessing a basic HTTP server, they could see the content.

      • How to join a Linux system to an Active Directory domain | Enable Sysadmin

        Microsoft’s Active Directory (AD) is the go-to directory service for many organizations. If you and your team are responsible for a mixed Windows and Linux environment, then you probably would like to centralize authentication for both platforms. I’ll cover how to add Linux computers to an Active Directory domain.

        [...]

        Microsoft’s Active Directory, more popularly known as AD, has held the lion’s share of the market for enterprise access management for many years now. It is used by institutions and individuals the world over to centrally control access to resources belonging to the organization. It gives you the ability to manage users, passwords, resources such as computers, and dictate who has access to what. For some of you reading this write-up, especially those who work in large institutions, you have interacted with AD before. Usually, the interaction is using one set of login credentials to log in to any workstation in the organization. That is just the tip of a large iceberg.

      • How to Install Brave Browser on Ubuntu And Earn Rewards?

        Brave has gained a lot of popularity lately, mainly because of its ability to reward users for browsing the web. As of January 1, this chromium-based browser has over 15 million monthly active users and 5 million active monthly users, as reported in the Brave community.

        In this article, I’ll tell you how to install Brave browser on Ubuntu Linux and earn rewards.

      • How To Copy A Block Of Text In Vim
      • How To Install phpMyAdmin with Nginx on Ubuntu 20.04 LTS – idroot

        In this tutorial, we will show you how to install phpMyAdmin with Nginx on Ubuntu 20.04 LTS. For those of you who didn’t know, phpMyAdmin is a web-based client written in PHP for managing MySQL and MariaDB databases. It provides a user-friendly web interface to access and manage your databases. To ease usage to a wide range of people, phpMyAdmin is being translated into 72 languages and supports both LTR and RTL languages.

        This article assumes you have at least basic knowledge of Linux, know how to use the shell, and most importantly, you host your site on your own VPS. The installation is quite simple and assumes you are running in the root account, if not you may need to add ‘sudo‘ to the commands to get root privileges. I will show you through the step by step installation phpMyAdmin with Nginx on Ubuntu 20.04 Focal Fossa. You can follow the same instructions for Ubuntu 18.04, 16.04, and any other Debian based distribution like Linux Mint.

      • Install MariaDB or MySQL on Linux | Opensource.com

        Both MariaDB and MySQL are open source databases that use SQL and share the same original codebase. MariaDB is a drop-in replacement for MySQL, so much so that you use the same command (mysql) to interact with MySQL and MariaDB databases. This article, therefore, applies equally to MariaDB and MySQL.

      • How to Download Files From Terminal in Ubuntu & Other Linux

        If you are stuck to the Linux terminal, say on a server, how do you download a file from the terminal?

        There is no download command in Linux but there are a couple of Linux commands for downloading file.

        In this terminal trick, you’ll learn two ways to download file using command line in Linux.

        I am using Ubuntu here but apart from the installation, rest of the commands are equally valid for all other Linux distributions.

    • Games

      • Petal Crash is an absolutely beautiful block-smashing match puzzler out now

        Built like the arcade action-puzzlers of the mid-90s, Petal Crash is a very welcome addition to the block matching genre and is a joy to play. Released with Linux support on October 12 following a successful Kickstarter campaign in late 2019 the idea is great.

        Petal Crash will be real familiar to anyone who has played a block-matching game, anything similar to Match-3 style and you know mostly what you’re getting into here. However, it’s not as simple as just matching tiles. You’re not simply swapping spaces, you’re actually throwing these coloured petals around the board to try and match the colours together. If they smash into another single block of the same colour, they explode and push away any other blocks attached.

      • AI-Man: a handy guide to video game artificial intelligence
      • GamerOS: An Arch Linux based gaming OS – LinuxReviews

        Video: Alesh Slovak missed Vavle’s SteamOS so he created a new GNU/Linux operating system called GamerOS based on Arch Linux and some of the components from SteamOS. The idea is to have a OS that boots directly into Steam’s Big Picture mode so you can sit on the couch and use a PC with a game-pad the same way you would use a gaming console. Alesh Slovak presented his new OS at the Arch Conf 2020 last weekend. His video presentation is about 45 minutes with Q&A.

      • Virtual Cottage is a sweet little chill-out app with a timer reminiscent of Kind Words | GamingOnLinux

        Need to get something done and remove distractions? Virtual Cottage is a real sweet idea for a screen-saver style application that gives you tunes and a timer.

        It reminded me instantly of Kind Words, the beautiful little game about writing letters to random people in a tiny little room. Virtual Cottage echos that same style and feeling. You get a visually pleasing little room, some lovely music and you can set a timer with a subject to focus on and let your mind melt away as you do it and listen to the great beats.

      • Bloody Rally Show: Prologue is out now to give you a taste of some frantic 2D racing | GamingOnLinux

        Bloody Rally Show from February 2020 was probably one of the best top-down racers I’ve played in a long time, and it now has a free Bloody Rally Show: Prologue version you can try out.

        This is no art of rally, it’s less of a zen experience much more grimy – it’s all about the more intense and chaotic side of racing against others. It’s an action-racer, one that gives you a campaign mode to play through as well as some car-combat modes, car customisation and more. It’s a very surprising game and a huge amount of fun.

    • Desktop Environments/WMs

      • K Desktop Environment/KDE SC/Qt

        • KDE Plasma 5.20 Desktop Environment Officially Released, Here’s What’s New

          Today is a big day for fans of the KDE Plasma desktop environment. The KDE Plasma 5.20 release is finally here and it’s packed with a new look and feel an icon-only Task Manager and a slightly thicker default panel.

          The biggest new features of KDE Plasma 5.20 include middle-click paste support on Wayland, revamped System Settings Users page, the ability to unplug screens on Wayland, redesigned OSDs for brightness and volume, Klipper support on Wayland, as well as S.M.A.R.T monitoring and disk failing notifications.

        • Plasma 5.20 released [LWN.net]

          Version 5.20 of the Plasma KDE desktop is out. “A massive release, containing improvements to dozens of components, widgets, and the desktop behavior in general. Everyday utilities and tools, such as the Panels, Task Manager, Notifications and System Settings, have all been overhauled to make them more usable, efficient, and friendlier.” There are also significant improvements in Plasma’s Wayland support.

        • KDE neon 5.20

          Our beautiful desktop Plasma 5.20 has been released and with it the version bump in KDE neon User Edition to 5.20.

        • KDE Plasma 5.20 is Here With Exciting Improvements – It’s FOSS

          KDE Plasma 5.20 is finally here and there’s a lot of things to be excited about, including the new wallpaper ‘Shell’ by Lucas Andrade.

          It is worth noting that is not an LTS release unlike KDE Plasma 5.18 and will be maintained for the next 4 months or so. So, if you want the latest and greatest, you can surely go ahead and give it a try.

        • KDE Plasma 5.20 Released With Better Wayland Support, Many New Features – Phoronix

          KDE’s Plasma 5.20 is now available as a seriously great update to this open-source desktop environment.

          KDE Plasma 5.20 has a crazy amount of polishing and refinements as well as some larger features. Some of the KDE Plasma 5.20 highlights include:

          - Numerous fixes to the KWin window manager / compositor including a number of Wayland fixes. Among the Wayland work in Plasma 5.20 includes Klipper support and middle-click paste, mouse and touchpad support nearly on par to X11, window thumbnails in the task manager, crash fixes, and more.

        • KDE Plasma 5.20 Released with Massive Changes. This is What’s New.

          The wait is over. The KDE team announced the release of the brand new KDE Plasma Desktop 5.20. And it is immediately available to download via KDE Neon Linux distribution.

          KDE Plasma 5.20 desktop is one of the big releases in the history of KDE Plasma. A huge set of features landed, hundreds of defects fixed, and finally, a lot changed for Wayland which might about to help thousands of users to get the benefit of Wayland.

        • KDE releases the Plasma 5.20 desktop – just as beautiful as ever | GamingOnLinux

          Plasma is arguably one of the prettiest Linux desktop environments around, and it’s highly configurable too. The KDE team just released a huge upgrade with Plasma 5.20. This is a massive release that upgrades all parts of the Plasma desktop.

          Fans of Wayland which is gradually replacing X.Org, compatibility continues being a focus and they’ve managed to make more steps as of this release. They mentioned that since 2019 they set a priority goal to adapt everything to support Wayland and it’s “starting to pay off big time” now. As of this release middle-click paste with the Klipper clipboard app now works, plus the launcher/search tool KRunner now shows up correctly. Mouse and Touchpad support is getting close to being on par with X too, screencasting is now supported and more. Lots of steps taken.

        • Krita 4.4 Released with Major Updates to Fill Layers, New Brush Options

          Krita 4.4 is here about four months after Krita 4.3 and it’s packed with some important updates to the fill layers, including multi-threading support to make them faster on multi-core computers, transformations for the pattern fill, including the ability to rotate patterns, as well as a new fill layer option for filling the whole screen with dots, lines, squares, waves, etc.

          Furthermore, Krita 4.4 introduces a new fill layer that can generate Penrose tilings and Quasicrystal structures, among other elements, and integrates Disney Animation’s SeExpr expression language, which lets you create your own fill layers.

        • Krita 4.4 Released With Multi-Threading For Fill Layers – Phoronix

          Krita 4.4 is out today as the latest release for this flagship open-source digital painting program.

          Highlights of Krita 4.4 include:

          - Multi-threading for fill layers to yield a lot faster performance.

          - Support for patterns of fill layers and new screentone options for the fill layer. There is also a multigrid fill layer feature for penrose tilings.

        • Krita 4.4.0 released! | Krita

          Today, we’re releasing Krita 4.4.0!

          Only a little later than we had planned, this is the next feature release of Krita! With a whole slew of new fill layer types, including the really versatile SeExpr based scriptable fill layer type, exciting new options for Krita’s brushes like the gradient map mode for brushes, lightness and gradient modes for brush textures, support for dynamic use of colors in gradients, webm export for animations, new scripting features — and of course, hundreds of bug fixes that make this version of Krita better than ever. Especially exciting are all the fixes we made for Krita on ChromeOS and Android!

        • [KDE theme] Design done…

          Hello again, so I believe I am 90% done with the base style direction and main UI components for O², and am currently struggling with my not so bright idea of dinamic QML colour pallets.

          Still overall I’m happy with the general visual direction of the UI style, it’s IMO clearly derivative of Oxygen but today.

          Now having done 90% of the design and doing the serious work I know that the solemn work that will take far far more time is upon me and us..

    • Distributions

      • Parted Magic Distro Switches to Xfce Desktop, It’s Now a Full 64-Bit System

        Coming two months after the previous release, which dropped support for 32-bit systems, the new Parted Magic release has been completely rebuilt to offer users a full 64-bit system. With this, every single package included in the distribution has been updated to the latest available version at the moment of the release.

        Not only that, but Parted Magic is now using the lightweight and highly customizable Xfce desktop environment, instead of the Openbox window manager. Due to this, users will also now be able to save their sessions.

      • New Releases

        • Porteus Kiosk 5.1.0 Released: A Gentoo-based Linux Operating System

          Yesterday, Tomasz Jokiel announced the release of a new Porteus Kiosk 5.1.0 with Linux kernel 5.4.70, and other system components update to the latest version from Gentoo stable branch.

          For those who don’t know, Porteus Kiosk is a free, lightweight, and single-purpose Linux-based operating system. You can use it for several purposes such as displaying information, advertisements, as an Internet kiosk, or at other publicly available web terminals in schools, libraries, cafes, or hotels.

      • PCLinuxOS/Mageia/Mandriva/OpenMandriva Family

        • Firefox browser updated to 81.0.2

          Mozilla Firefox is a free and open source web browser descended
          from the Mozilla Application Suite and managed by Mozilla Corporation.

        • Zoom updated to 5.3.472687.1012

          Zoom, the cloud meeting company, unifies cloud video conferencing, simple online meetings, and group messaging into one easy-to-use platform.

      • IBM/Red Hat/Fedora

        • ANZ New Zealand Builds Collaboration Through Automation With Red Hat
        • Red Hat Accelerates Hybrid Cloud Automation with Catalog of Ready-to-Use, Certified and Supported Ansible Automation
        • Red Hat Expands Automation for Hybrid Clouds with Red Hat Ansible Automation Platform Integration for Red Hat OpenShift Environments
        • Security flaws and CVSS rescore process with NVD

          Red Hat Product Security rates the severity of security issues found in Red Hat products using a four-point scale: Low, Moderate, Important, and Critical, as well as includes a separate Common Vulnerability Scoring System (CVSS) base score.

          The CVSS rating is not used to determine the priority with which flaws are fixed or to determine the severity rating of the vulnerability. It is used as a guideline to identify and describe key metrics of a flaw and is meant to help customers prioritize the order in which they remediate flaws. CVSS scoring is used by other agencies, which sometimes tend to score these flaws in a different way.

        • Support for IBM Z and more in CodeReady Workspaces 2.4 – Red Hat Developer

          Red Hat CodeReady Workspaces 2.4 is now available. For this release, we focused on adding support for IBM Z and improving the IDE editor and configuration elements.

          CodeReady Workspaces (CRW) 2.4 is available on Red Hat OpenShift 3.11 and OpenShift 4.4 and higher. CodeReady Workspaces 2.4 is also available on OpenShift Dedicated 4.3 via the add-ons capability.

        • My first day using Ansible

          Getting a new computer, whether physical or virtual, up and running is time-consuming and requires a good deal of work—whether it’s your first time or the 50th. For many years, I have used a series of scripts and RPMs that I created to install the packages I need and to perform many bits of configuration for my favorite tools. This approach has worked well and simplified my work, as well as reduced the amount of time I spend typing commands.

          I am always looking for better ways of doing things, and, for several years now, I have been hearing and reading about Ansible, which is a powerful tool for automating system configuration and management. Ansible allows a sysadmin to define a specific state for each host in one or more playbooks and then performs whatever tasks are necessary to bring the host to that state. This includes installing or deleting various resources such as RPM or Apt packages, configuration and other files, users, groups, and much more.

      • Canonical/Ubuntu Family

        • Ubuntu wants to code the future of Italy | Ubuntu

          In a year of challenges and changing times, the community gets closer and starts gathering in a different way. From face to face meet-ups, we moved everything virtually and CodeMotion is not an exception. Made by developers for developers, it is an event where participants are used to meet and code the future of the world. Well, who said that this has changed?

          Canonical will give a series of technical talks to learn more about Kubernetes, AI, and big data pipelines on Ubuntu.

    • Devices/Embedded

    • Free, Libre, and Open Source Software

      • Productivity Software/LibreOffice/Calligra

        • Open Letter to Apache OpenOffice

          Today marks 20 years since the source code to OpenOffice was released. And today we say: LibreOffice is the future of OpenOffice. Let’s all get behind it!

          It’s great to have a rich and diverse set of free and open source software projects. Hundreds of millions of people around the world have benefited from the choice and customisation that they bring. But sometimes, users can lose out when they’re not aware of newer alternatives, or when one brand overshadows another.

          OpenOffice(.org) – the “father project” of LibreOffice – was a great office suite, and changed the world. It has a fascinating history, but since 2014, Apache OpenOffice (its current home) hasn’t had a single major release. That’s right – no significant new features or major updates have arrived in over six years. Very few minor releases have been made, and there have been issues with timely security updates too.

        • LibreOffice Wants Apache to Drop the Ailing OpenOffice and Support LibreOffice Instead

          It is a no-brainer that Apache OpenOffice is still a relevant recommendation when we think about open source alternatives to Microsoft Office for Linux users. However, for the past several years, the development of OpenOffice is pretty much stale.

          Of course, it is not a shocker, considering Abhishek wrote about the possibility of Apache OpenOffice shutting down back in 2016.

          Now, in an open letter from The Document Foundation, they appeal Apache OpenOffice to recommend users to start using better alternatives like LibreOffice. In this article, I shall mention some highlights from the blog post by The Document Foundation and what it means to Apache OpenOffice.

        • An open letter to Apache OpenOffice [LWN.net]

          On the 20th anniversary of the open-sourcing of the OpenOffice.org suite, the LibreOffice has sent an open letter to the Apache OpenOffice project suggesting that it is time for the latter to recognize that the game is over. “If Apache OpenOffice wants to still maintain its old 4.1 branch from 2014, sure, that’s important for legacy users. But the most responsible thing to do in 2020 is: help new users. Make them aware that there’s a much more modern, up-to-date, professionally supported suite, based on OpenOffice, with many extra features that people need.”

      • CMS

        • 24 Best Free and Open Source PHP Web Content Management Systems

          A web content management system (WCMS) is software designed to simplify the publication of Web content. In particular, it enables content creators to submit content without requiring technical knowledge of HTML or the uploading of files. A CMS is most commonly used in creating an intranet or in establishing a presence on the Web.

          This type of software that keeps track of every piece of content on a Web site. Content can be simple text, photos, music, video, documents, or just about anything you can think of. A major advantage of using a CMS is that it requires almost no technical skill or knowledge to manage.

          Not only do content management systems help website users with content editing, they also take care of a lot of “behind the scenes” work such as automatically generating navigation elements, making content searchable and indexable, keeping track of users, their permissions and security setting, and much more.

        • Kiwi TCMS – Kiwi TCMS is partnering with MLH Fellowship program

          We are happy to announce that Kiwi TCMS is going to partner with the MLH Fellowship open source program which is a 12 week internship alternative for students interested in becoming software engineers.

          Major League Hacking (MLH) is a mission-driven B-Corp focused on empowering our next generation of technologists. Every year, more than 100,000 developers, designers, and makers join the MLH community to gain hands-on experience and build their professional networks. They are headquartered in the Greater New York Area, USA but operate world-wide.

      • FSF

        • Licensing/Legal

          • Open source licensing and why we’re changing Plausible to the AGPL license

            Plausible Analytics is a software as a service open source web analytics project. With the increase in popularity of Plausible in recent months, we’ve become aware that there are risks associated with permissive open source licenses that corporations that don’t care about open source are happy to take advantage of.

            So we’re making a change to our license. This change doesn’t affect anyone subscribing to the Plausible Analytics Cloud and anyone who’s running Plausible Analytics Self-Hosted on their server. Everything stays the same.

            The change will affect corporations that want to take our code and use it to create and sell proprietary tools that directly compete with us. Let’s look at the details.

            [...]

            These corporations use Google Analytics to track their users, have Facebook pixels to target the same users with advertising across the web and so on. Everything we stand against.

            Their motives don’t seem to be to make the web more privacy-friendly and reduce the dominance of Google. It seems purely a business opportunity to make money from open source.

          • Plausible relicenses to AGPL
      • Programming/Development

        • malloc as a service — wingolog

          Greetings, internet! Today I have the silliest of demos for you: malloc-as-a-service.

          [...]

          Emscripten includes a couple of good malloc implementations (dlmalloc and emmalloc) which probably you should use instead. But if you are really looking for a bare-bones malloc, walloc is fine.

          You can check out all the details at the walloc project page; a selection of salient bits are below.

        • Types Of Programming Languages

          The types of programming languages is a very old topic that noobs have been discussing a lot. This topic should actually be discussed. One should know how many programming languages are deployed on a machine that he is working on, especially if he is a student of programming.

          [...]

          Assembly language was designed to communicate with machine language. This language was designed to take instructions in simple human language, and pass on those instructions to machines by writing the instructions in 1s and 0s. After the invention of assembly languages, the life of programmers was easy. They could write the instructions in simple human words like Mov A1, Jump A2, stop run etcetera.

          The life of programmers became easy but the computer scientists did not stop at that point. Making a computer perform some task was still complicated and only computer scientists could do that. The scientists were visionary and their vision was to enable future generations to write programs for computers. That is why a whole new concept of High-level programming language came into the picture.

        • Web App Software Development Maturity Model

          The Capability Maturity Model Integration (CMMI) describes different levels of maturity for the development process of any organization in a measurable way. It offers a set of best practices to improve all processes. It’s been regularly updated, and the latest version includes some notions of agility.

          [...]

          Level 2 is about automation and making sure the software never gets into a broken state. Every change should be staged and automatically build the software and run the tests against it. This is based on the Continuous Integration (CI) and Continuous Delivery (CD) principles.

          CI means that your software code is continuously updated with changes done by developers, and that the code is always in a working state.

          CD means that at any moment, there’s a releasable software that can be pushed as the next official release. For cloud-hosted apps, the process of deploying the new version in a staging environment is also automated.

        • Updates from Johnnycanencrpt development in last few weeks

          In July this year, I wrote a very initial Python module in Rust for OpenPGP, Johnnycanencrypt aka jce. It had very basic encryption, decryption, signing, verification, creation of new keys available. It uses https://sequoia-pgp.org library for the actual implementation.

          I wanted to see if I can use such a Python module (which does not call out to the gpg2 executable) in the SecureDrop codebase.

        • Python

          • Simple NLP in Python With TextBlob: Tokenization

            The amount of textual data on the Internet has significantly increased in the past decades. There’s no doubt that the processing of this amount of information must be automated, and the TextBlob package is one of the fairly simple ways to perform NLP – Natural Language Processing.

            It provides a simple API for diving into common natural language processing (NLP) tasks such as part-of-speech tagging, noun phrase extraction, tokenization, sentiment analysis, classification, translation, and more.

            No special technical prerequisites for employing this library are needed. For instance, TextBlob is applicable for both Python 2 and 3. In case you don’t have any textual information for the project you want to work on, TextBlob provides necessary corpora from the NLTK database.

          • How to Implement Role based Access Control With FastAPI | Codementor

            Most of the CRUD apps, require some level of role based access control.

            [...]

            This means only the users with specific role can access certain API endpoints or operations e.g. Allow everyone the GET operation, but only admin can DELETE. Some levels in-between can create/update etc.

          • Python Random Number Generation – Linux Hint

            Python provides a module to generate random numbers. The name of this module is random. In the random module, there is a set of various functions that are used to create random numbers. Sometimes, there may be a need to generate random numbers; for example, while performing simulated experiments, in games, and many other applications. This article explains random number generation in Python using the various functions of the random module.

        • Shell/Bash/Zsh/Ksh

          • Bash How to Execute a Command in a Variable? – Linux Hint

            Bash scripts can be created in a variety of different ways and most of us are familiar with executing the simple commands within a Bash script. However, these commands can also be encapsulated within the variables in Bash. This process is known as command substitution and it is generally used to store the output of a command in a variable so that you do not have to run that command explicitly again and again rather you can simply access that variable to get the output of that command whenever you want. In this article, we will show you how this can be done.

          • Bash: while read line – Linux Hint

            When you are working on bash scripts, sometimes you may need to read a file line by line. Let’s explain with an example. You have some data in a text file that should be executed or processed by using a script. So, running a bash script to process a text file is much different. You need to follow a specified syntax to read a file line by line. This article will help you to read a line from a file using the while loop in Bash.

        • Laravel

          • Laravel Horizon Tutorial – Linux Hint

            The Laravel horizon package is used to manage Laravel queues. It provides a good-looking dashboard for the queues. This package allows users to configure jobs, generate analytics, and monitor the different types of queue-related tasks, including job run-time, failure, throughput, etc. The configuration information of all team members of the project is stored in a single file that can be controlled centrally. This package is free to use in the Laravel project, but it is not included with the core code. So, you must first install this package before using it. This article shows you some of the different features of Laravel horizon and how to install and run Laravel horizon for managing Laravel queues using a nice dashboard.

          • Laravel Query Builder – Linux Hint

            The Laravel query builder provides a simple and convenient way for creating and running database queries and is supported by all of the Laravel database systems. It is used to protect the Laravel application from the SQL injection attack using PDO parameter binding. This package can perform several different types of database operations, such as CRUD (Insert, Select, Update and Delete) and aggregate functions, such as UNION, SUM, COUNT, etc. This tutorial shows you how to apply a query builder to perform various CRUD operations in the database.

          • Laravel Queues Tutorial – Linux Hint

            The Laravel queue is one of the more useful features of the Laravel framework. This feature is used to wait for time-consuming tasks and perform tasks at a later time to improve the performance and efficiency of the Laravel application. This feature provides different types of queues in back-ends, such as Amazon SQS, Redis, Beanstalk, synchronous driver, or relational database. A null queue driver is used to discard queued jobs. The configuration file of the queue is stored in the location config/queue.php. A common example of using the Laravel queue is to send emails. When it is required to deal with a large number of emails in the Laraval application, then it is better to use Laravel queues to speed up the processing. This tutorial shows how to use Laravel queues to send a large number of emails.

  • Leftovers

    • Stanley Crouch, 1945–2020

      Ever since the impassioned music critic and combative cultural gadfly Stanley Crouch booked passage with the ancestors on September 16 after 74 years on this earth, there has been a steady rolling wave of deep sadness, much of it coming from people with whom he pointedly, sometimes violently, disagreed. There are a few disgruntled holdouts to the mourning. But their grievances needn’t be catalogued here, largely because the disputes were often about the same thing: his stringent, fiercely patrolled standards for African American music, deportment, and collective action, in perpetual conflict with whatever was fashionably edgy or doctrinaire at a given moment.

    • Calls Grow in US to Make Indigenous Peoples’ Day a Federal Holiday

      “Federal holidays should celebrate our heritage and culture, but also honor the struggles that led to society as we know it.”

    • The stories we tell each other – Carmen Bianca Bakker

      Unless you have been living under a rock, you may notice a blatant parallel to the real world. The above paragraph could—verbatim—be a racist description of real-world black people.

    • Science

      • Rectal ozone: Injecting ozone up one’s nether regions to treat COVID-19

        Given that my Monday post for my not-so-secret other blog ended up being a lot longer than expected and the previous Monday’s post is now basically out of date, making my tradition of reposting it a week later not particularly viable, I was left without a good topic for this Monday, something that I could handle quickly. Of course, COVID-19 quackery is always a relevant topic, unfortunately. So it was late last night that I saw an article with what might be the wackiest quackery for COVID-19 that I’ve seen since President Trump suggested that taking disinfectants internally or using UV light to kill coronavirus could be viable treatments for COVID-19. I’m referring to rectal ozone to treat COVID-19, as described by Brazilian microbiologist Natália Pasternak and journalist Carlos Orsi:

    • Education

      • Whistleblowers reject Murdoch claims over recruitment exoneration

        Two of the whistleblowers, Duncan Farrow and Graeme Hocking, have disputed Murdoch’s claim that the university resolved these problems internally. “The question arises as to why it took a Teqsa investigation to cause an internal investigation to ‘self-identify’ these issues, when the university management had received multiple warnings from both internal and external sources well before the Teqsa investigation,” the pair said in a joint statement.

    • Health/Nutrition

      • ‘Deep Sense of Despair’: UNRWA Chief Says Palestinians Suffering Dual Pandemics of Covid-19 and Poverty

        “In Gaza, people are going through the garbage,” said Philippe Lazzarini. “More people are fighting to provide one or two meals a day to their families.”

      • A Hospital Chain Said Our Article Was Inaccurate. It’s Not.

        On Sept. 30, we published an article examining how Prospect Medical Holdings, a hospital chain, and Leonard Green & Partners, its private equity owner, had extracted hundreds of millions of dollars in profits for investors while patients served by their hospitals suffered from a litany of problems. The article reported that on 14 occasions over a decade, government health inspectors had concluded that Prospect hospitals posed an “immediate jeopardy” to patients, defined by the federal government as problems that have caused, or are likely to cause, “serious injury, harm, impairment or death.” Other pervasive problems included everything from bedbugs and ceiling leaks in hospital buildings, to unpaid gas bills for company ambulances to shortages of medical supplies.

        The story was based on five months of reporting, including interviews with 70 sources — current and former employees of Prospect and its hospitals, people who worked with the company, experts and others — and a review of several thousand pages of records from regulatory filings, lawsuits, company documents, financial statements and hospital inspection reports.

      • Fate of the Global Movie Business May Hinge on Andrew Cuomo

        Instead of being grouped with other forms of shopping or entertainment, theaters have found themselves lumped in with larger performance venues, like Broadway theaters and arenas, that depend on larger crowds to break even. New York officials have considered the movie business to be both “high risk” and “non-essential.”

      • Coronavirus: WHO head calls herd immunity approach ‘immoral’

        Some have argued that coronavirus should be allowed to spread naturally in the absence of a vaccine.

        But WHO chief Tedros Ghebreyesus said such an approach was “scientifically and ethically problematic”.

      • Amici Curiae Brief of 66 Law, Economics, Business, and Medical Professors in Support of Plaintiffs-Appellants

        A company collects more than 100 patents on a drug. It then aggressively asserts this “patent thicket” and enters into settlements with each of the competitors that could enter the market, paying them to delay their entry for years. The company admits that its strategy is to “make it more difficult” for rivals forced to “contend with [its] extensive patent estate.”

        Does this violate antitrust law? That presents a nuanced issue. But at least it deserves consideration, which could ultimately involve the weighing of the thicket’s benefits against the anticompetitive harms of abusing this collection.

        In this litigation, involving the biologic Humira, the district court never allowed this critical debate to play out. In particular, it short-circuited the analysis by making fundamental errors on how to (1) analyze settlements, (2) assess sham conduct, and (3) determine causation. Because of these errors, the brief requests that the Seventh Circuit reverse.

      • The Intellectual Property of COVID-19

        The response to COVID-19 is indissolubly tied to intellectual property. In an increasingly globalized world in which infectious disease pathogens travel faster and wider than before, the development of vaccines, treatments and other forms of medical technology has become an integral part of public health preparedness and response frameworks. The development of these technologies, and to a certain extent the allocation and distribution of resulting outputs, is informed by intellectual property regimes. These regimes influence the commitment of R&D resources, shape scientific collaborations and, in some cases, may condition the widespread availability of emerging technologies. As seen throughout this chapter, COVID-19 has exposed the shortcomings of ingrained reliance on intellectual property as a channel for the production and dissemination of medical technologies needed to address the problems posed by pandemics and epidemics. At the same time, COVID-19 has brought new life to countervailing efforts to explore legal and policy mechanisms to potentially offset some of the problems posed by the pervasiveness of, and shortcomings associated with, intellectual property dynamics.

        In tracing the dual ways in which intellectual property has affected preparedness for, and the response to, COVID-19, this chapter highlights three features of contemporary intellectual property regimes and examines their impact on innovation(s) needed to address public health crises. First, it explores the incentives function of patent law and policy, which places considerable emphasis on market-driven investment in R&D on medical technologies. In so doing, intellectual property becomes one of the driving forces of the commodification of goods—vaccines, drugs or ventilator parts, for example—which are best understood as public health goods.

    • Integrity/Availability

      • Proprietary

        • CUPS Printing System Open-Source Development Has Seemingly Dried Up

          At the end of 2019 the lead developer of CUPS left Apple after he joined Apple and the company purchased the source code a decade prior for this long-standing open-source printing system used by not only macOS but also Linux and other Unix-like platforms. This unfortunately has not bode well for CUPS in 2020.

          As was recently pointed out by a Phoronix reader, the open-source CUPS code-base is now at a stand-still. There was just one commit to the CUPS Git repository for all of 2020 and that was a push by an Apple engineer with minor updates (including security fixes) for a point release.

          [...]

          It’s possible Apple engineers are still working on CUPS internally and relying upon a private Git repository for development and will only be pushing public when there are enough accumulated changes for a new release, but that still doesn’t bode well for open-source — at least these days driver-less printing is common.

        • FOVE Launches V1.0 Of Its Eye-Tracking Headset

          The standard FOVE0 software is also getting an update (this one is free). FOVE is adding official support for Ubuntu Linux. This includes all VR features, such as the FOVE Compositor and eye-tracking.

        • FOVE Launches v1.0 of Its VR Platform With Major New Eye Tracking Features

          As of today, Ubuntu Linux is officially supported for all current and future users. This includes all VR features, such as the FOVE Compositor, and the full eye tracker.

        • The European Union wants to force OEMs to let users uninstall bloatware

          This measure is part of a much broader act aimed at reducing the power of big technology companies, especially when it comes to the use of advertising data and platform owners’ power over companies doing business on said platforms. I hope this gets passed, since using ADB to remove bloatware can get a little tedious.

        • Security

          • Microsoft adept at deflecting questions about culpability in malware pandemic

            Microsoft’s Windows operating system is the target of a massive majority of the malicious software that abounds these days. And it has adopted the same strategy for avoiding blame as it did with the problem of viruses and worms: presenting itself as part of the solution, not the problem.

          • Sophos expert says links between Trickbot and election security unlikely

            Global security firm Sophos has questioned the connection drawn between ransomware attacks facilitated by the Trickbot botnet and threats to election security, with a senior researcher saying gangs did not generally target local governments specifically for political effect.

          • Microsoft Uses Trademark Law to Disrupt Trickbot Botnet

            “We disrupted Trickbot through a court order we obtained as well as technical action we executed in partnership with telecommunications providers around the world,” wrote Tom Burt, corporate vice president of customer security and trust at Microsoft, in a blog post this morning about the legal maneuver. “We have now cut off key infrastructure so those operating Trickbot will no longer be able to initiate new infections or activate ransomware already dropped into computer systems.”

          • Check Point warns Amazon Prime Day shoppers to be vigilant

            The number of malicious domains which are similar to that of retail giant Amazon has risen by 28% in the run-up to the firm’s Prime Day on 13 October, the Israeli security firm Check Point has warned.

          • Privacy/Surveillance

            • Employers Are Using Surveillance Tech to Spy on Remote Workers

              The future of work is here, ushered in by a global pandemic. But is it turning employment into a Workers’ Paradise of working at home? Or more of a Big Brother panopticon?

            • Google gives IP addresses to police of people who have searched particular keywords or addresses

              According to court records from an arson case in Florida, Google regularly provides information to law enforcement about people that search a particular term or physical location using a Google service like Google Search or Google Maps. Information such as the the IP address. Typically, if police have an interest in requesting the search history of one particular suspect, they have to get a warrant. What they do now instead is request a list of information on all those that searched a particular keyword in a particular timeframe and use that to build a list of suspects by corresponding IP addresses to real identities. The barrier that faces the latter type of warrant is much more than the former. Here, Google was asked for:

            • On Facebook, Misinformation Is More Popular Now Than in 2016

              People are engaging more on Facebook today with news outlets that routinely publish misinformation than they did before the 2016 election, according to new research from the German Marshall Fund Digital, the digital arm of the public policy think tank. The organization, which has a data partnership with the start-up NewsGuard and the social media analytics firm NewsWhip, published its findings on Monday.

              In total, Facebook likes, comments and shares of articles from news outlets that regularly publish falsehoods and misleading content roughly tripled from the third quarter of 2016 to the third quarter of 2020, the group found.

            • Range Media Taps Facebook’s Kai Gayoso to Lead Digital Talent Representation (Exclusive)

              Formerly a strategic partner manager for emerging talent at Facebook, Gayoso has joined Range as a partner, where he will lead representation of digital management and also work with clients across the firm to develop individualized digital strategies.

            • X4 Smartwatch for Kids Has Undocumented Backdoor with Camera

              This just cannot be said enough: every device that connects to the Internet in some way has the ability to be compromised. Where it’s particularly concerning is with devices that kids use. Anyone who has a child with an Xplora X4 Smartwatch should be concerned with this news that there is an undocumented backdoor included that, among everything else, takes snapshots.

    • Defence/Aggression

      • As Trump Aims Fresh US Aggression at Iran, How Many Surprises Can This October Hold?

        This latest not-so-shocking surprise is actually incredibly dangerous and reckless for the future as well as incredibly cruel, heartless, indeed sadistic right now.

      • An October Surprise of a Military Kind

        With Joe Biden leading in the polls and President Trump’s attempts to avoid addressing the Covid danger now undermined by his own encounter with the virus, the White House is scrambling for a new line of attack on his opponent. Trump’s attempt to use “law and order” as a wedge in suburban areas has clearly failed, and his drive to shoehorn the Supreme Court appointment of Amy Coney Barrett is at risk because of Covid infections among key Senate Republicans. What remains, then, as a last-minute game-changer? Knowing Trump’s impulsive nature, we cannot rule out war as a possible option.

      • Afghanistan: 19 Years of War

        Most ordinary Afghans hold out little hope for peace.

      • Many Places Refuse to Abandon Columbus Day — But They Are Losing That Battle

        It has taken decades to reach this moment when 141 cities, 15 states, numerous universities, and the nation of Trinidad and Tobago officially recognize Indigenous Peoples’ Day.

      • Beijing’s warning to not refer to Taiwan as country ‘backfires’: Bloomberg

        In an article published Sunday, Taiwan-based journalist Chris Horton said Beijing’s pressure on governments worldwide has resulted in more countries recognizing Taiwan, including many who see China as their enemy. He said such a shift can be observed in the recent display of Taiwan’s National Day posters with Taiwanese flags outside the Chinese embassy in New Dehli, after media in India were threatened to honor the “one China” principle.

        Horton noted that more Taiwanese have rejected closer relations with China due to its constant threats and belittlement of their government. He also quoted political scientist Jonathan Sullivan of the University of Nottingham as saying that Taiwan has learned to find space without crossing Beijing’s “red lines.”

      • Trump continues far-right appeals as details of Michigan plot emerge

        In the days since Michigan authorities and federal prosecutors announced the arrest of 13 people in a plot to kidnap and murder Michigan Democratic Governor Gretchen Whitmer, President Donald Trump and his inner circle are intensifying their appeals to the fascist right.

        While the plot was centered in Michigan, new information has surfaced making clear the plotters were involved in a far broader and ongoing national conspiracy. The criminal complaint filed last Thursday explained that the Michigan conspirators engaged in a plan to “take violent action against multiple state governments.”

        The conspirators clearly felt they were acting with the support of the White House. Even after the plot was revealed, Trump denounced Whitmer yesterday for “complaining” and “crying” about the threat to kidnap and kill her. On Saturday, Trump impersonated Mussolini by giving a speech from the White House balcony in which he ranted to a small audience about the imminent danger that the country will be taken over by “socialists” and “communists.”

      • Is Pakistan opening the door to Islamist parties?

        If mainstream parties continue to fade, Pakistani politics may well see a three-way tug-of-war between a middle-class populist, an aggressive military establishment and radical Islamists. That’s in nobody’s interest — not even the Pakistan army’s.

      • Border dispute created by China as if part of a mission: Rajnath Singh on eastern Ladakh standoff

        India on Monday accused neighbouring China and Pakistan of escalating tension in the border areas apparently “like a mission”, even as the senior commanders of its army and the communist country’s People’s Liberation Army (PLA) held yet another round of talks to resolve the five-month-long stand-off in eastern Ladakh.

        “It appears as if tension is being escalated as part of a mission, first by Pakistan and now even by China,” Defence Minister Rajnath Singh said, after remotely inaugurating 44 bridges closer to the western, northern and north-eastern borders of the country.

    • Transparency/Investigative Reporting

      • Tax records show 200 entities funneled money to Trump properties while reaping benefits from White House: NYT

        A New York Times analysis of tax records showed that more than 200 companies, special-interest groups and foreign governments have funneled millions of dollars to President Trump’s properties while reaping benefits from the president and his administration.

        Nearly a nearly a quarter of the entities have not been previously reported.

      • The Swamp That Trump Built

        Federal tax-return data for Mr. Trump and his business empire, which was disclosed by The New York Times last month, showed that even as he leveraged his image as a successful businessman to win the presidency, large swaths of his real estate holdings were under financial stress, racking up losses over the preceding decades. Federal tax-return data for Mr. Trump and his business empire, which was disclosed by The New York Times last month, showed that even as he leveraged his image as a successful businessman to win the presidency, large swaths of his real estate holdings were under financial stress, racking up losses over the preceding decades. But once Mr. Trump was in the White House, his family business discovered a lucrative new revenue stream: people who wanted something from the president. An investigation by The Times found over 200 companies, special-interest groups and foreign governments that patronized Mr. Trump’s properties while reaping benefits from him and his administration. Nearly a quarter of those patrons have not been previously reported.

        But once Mr. Trump was in the White House, his family business discovered a lucrative new revenue stream: people who wanted something from the president. An investigation by The Times found over 200 companies, special-interest groups and foreign governments that patronized Mr. Trump’s properties while reaping benefits from him and his administration. Nearly a quarter of those patrons have not been previously reported.

        The tax records — along with membership rosters for Mar-a-Lago and the president’s golf club in Bedminster, N.J., as well as other sources — reveal how much money this new line of business was worth.

    • Environment

      • How some international treaties threaten the environment

        In Vienna this week a United Nations working group, under its Commission on International Trade Law, or UNCITRAL, is to resume discussions on the reform of ISDS, which is already a feature of more than 2,600 international agreements, and is a contentious issue whenever a new bilateral or plurilateral one is under negotiation. The meeting comes as the European Union and some of its members are trying to renegotiate the Energy Charter Treaty (ECT), a pact signed in 1994 by the EU and 52 national governments on cross-border trade and investment in energy, with the original aim of integrating the energy industry of the former Soviet bloc with western Europe. The EU is concerned that, because of its ISDS provisions, the ECT is “threatening the climate ambition of the EU domestically and internationally”, in the words of a letter signed by nearly 150 members of the European and national parliaments. The worry is that, if governments force very polluting industries—notably fossil-fuel power stations—to close down, they will face lengthy arbitration procedures and, potentially, crippling compensation bills. Japan, however, is resisting reform, leading to EU threats of withdrawal from the ECT.

        A new report from the International Institute for Environment and Development (IIED), a London-based think-tank, called “Raising the cost of climate action: ISDS and compensation for stranded fossil-fuel assets”, highlights the scale of the problem. It notes that burning fossil fuels is the biggest source of carbon emissions. To have a chance of meeting the goal set out in the Paris climate agreement signed in 2015 of limiting global warming to 1.5–2°C above pre-industrial temperatures by the end of the century, one-third of known oil reserves, half of known gas reserves and over 80% of coal reserves must remain unused. That means a lot of investment already made in extracting, processing and burning these fossil fuels will not be needed. The assets created will be “stranded”.

      • ‘After All, It’s Our Money’: Global Climate Campaigners Call for Public Banks to Fund Just Recovery and Green Transition

        “Especially in the midst of a health and economic emergency, public money must be used to boost existing solutions that will create new jobs and support the people most impacted.”

      • Energy

        • Three Rockefellers Say Banks Must Stop Financing Fossil Fuels

          A task force for the Commodity Futures Trading Commission put it succinctly in a recent report: “Climate change poses a major risk to the stability of the U.S. financial system and to its ability to sustain the American economy.”

          That’s why the world’s biggest banks should do what our great-grandfather began to do in 1920 to spread the risks to his investments (though climate change was not yet on the horizon): move their businesses away from fossil fuels. Just as his father, John D. Rockefeller Sr., the oil tycoon and founder of Standard Oil, was a pivotal figure in the shaping of the oil industry and the modern corporation, so too must the financial leaders of today embrace innovation and move beyond the profits of fossil fuels to develop banking models that will excel in a zero-carbon world.

        • Exxon, Oil Rivals Shield Their Carbon Forecasts From Investors

          Bloomberg’s report yesterday on Exxon’s emissions forecasts also drew attention from American politicians. “Outrageous,” U.S. Senate Minority Leader Chuck Schumer said on Twitter. Former Democratic presidential candidate Tom Steyer faulted the company for putting “our lives, our children, and our futures at risk.”

          For investors, these details are an important way to gauge if oil reserves are in danger of becoming stranded assets, an industry term for uneconomic resources. “The companies that face the highest risk should be the ones thinking about how they change their business,” said Rooze of BNEF.

        • Indian researcher in Taiwan harnessing hydrogen for greener future

          He and his team are exploring suitable metal alloys and an optimized preparation process that allows fast storage and release of hydrogen within easily reachable temperatures.

          “Our metal hydride system reaches the maximum hydrogen storage capacity of 7.0 weight percent (92.1%) and can release the entire hydrogen in less than 5 minutes,” he explained.

    • Finance

      • Help Us Investigate Collection Practices at Virginia Colleges and Universities

        Has your unpaid tuition bill been sent to a collection agency or courthouse? Please share your story with VPM and ProPublica. Our newsrooms are investigating collection practices at colleges and universities in Virginia. In some cases, students are charged 30% in collection fees on top of the initial balance they owe. Some students end up dropping out because of the debt. Others have been sued.

        Hearing from students will help make our reporting more complete. If you’ve had a tuition bill sent to collections, or know someone who has, please share your story with reporter Megan Pauly by filling out this form. You can help us do even more reporting by sharing this post on your Instagram Story or in a direct message to people in your networks.

      • ‘People in Need Can’t Wait’: To Put Onus on Senate GOP, Progressives Urge Pelosi to Take $1.8 Trillion Covid Relief Package

        “Rejecting any chance at a deal now means asking these struggling families to hold on for another couple of months before they get any help.”

    • AstroTurf/Lobbying/Politics

      • A Modest Proposal to Prevent Sabotage by the Trump Regime

        Biden must call on federal workers to ignore illegal orders and faithfully serve the Constitution.

      • ‘Appalling Criminal Conduct’: California GOP Accused of Operating Fake ‘Official’ Ballot Drop Boxes

        “Apparently they’re trying to prove voter fraud is real by committing actual election fraud.”

      • We Are Still Here
      • President Quack Is Ready to Hawk His Magic Elixir

        The best thing a snake oil salesman can have going for him is a personal story, especially one he himself believes. If you can tell with conviction a tale about how you were stricken by a near-fatal disease—and then miraculously cured—a whole world of possibilities opens up for winning over the gullible.

      • The Vice President, a Hair’s Breadth Away
      • All Left Hands on Deck. Step 1: Defeat Trump. Step 2: Challenge Biden

        No one has described the current crossroads more astutely than Naomi Klein, who tweeted last month: “Vote for a more favorable terrain.”

      • Trump—Gun in His Hand and a Bloody Shirt—Standing on Fifth Avenue

        The most egregious test of Trump’s 5th Avenue principle is still to come, when he tries to kill off American democracy.

      • The Nuclearization of American Diplomacy

        The B-52 Stratofortress is no ordinary warplane. First flown in 1952, it was designed with a single purpose in mind: to cross the Atlantic or Pacific Ocean and drop dozens of nuclear bombs on the Soviet Union. Some models were later modified to deliver tons of conventional bombs on targets in North Vietnam and other hostile states, but the remaining B-52s are still largely configured for intercontinental nuclear strikes. With only 44 of them now thought to be in active service at any time, those six dispatched to the edge of Russian territory represented a significant commitment of American nuclear war-making capability.

      • Noam Chomsky: Trump Is Willing to Dismantle Democracy to Hold On to Power

        While it’s still too early to predict the likely outcome of the November 2020 presidential election, Donald Trump continues to fall behind in national polls while pulling dirty electoral tricks in the hope of defeating Democratic challenger Joe Biden. Much of Trump’s hope for victory rests with his “law and order” campaign, which promotes lies about mail-in-voting fraud in order to preemptively discredit the election results if they are in Biden’s favor. In this exclusive interview for Truthout, Noam Chomsky discusses the national and international significance of Trump’s refusal to commit to a “peaceful transition to power” and his reliance on conspiracy theories.

      • Senate GOP Accused of ‘Craven Power Grab’ and ‘Partisan Charade’ as Coney Barrett Confirmation Hearings Kick Off

        “The list of what is at stake if Republicans get their way is truly staggering.”

      • Ask Amy Coney Barrett If Bosses Should Be Free to Fire Workers at Will

        Amy Coney Barrett comes up for confirmation at a time when trust in our highly inegalitarian capitalism is low, especially among the young.

      • Facebook Finally Bans All Holocaust Denial Content

        Bickert specifically cited a recent survey of U.S. adults 18-39 that found almost one-fourth said they believed the Holocaust either was a myth, that it had been exaggerated or they weren’t sure it actually happened. About 63% of respondents did not know that 6 million Jews were exterminated by the Nazi regime, and 36% thought the number of those murdered was “2 million or fewer” per the survey, commissioned by the Conference on Jewish Material Claims Against Germany.

        Starting later n 2020, Facebook will direct users who search for terms associated with the Holocaust or its denial to “credible information” from third-party sources, according to Bickert.

      • Facebook bans Holocaust denial content

        In a Facebook post today, Zuckerberg said his thinking on the matter had “evolved,” in part in response to a climate of “rising anti-Semitism.”

      • Hawkins demands equal time on Rush Limbaugh after Trump’s “Radio Rally”

        Howie Hawkins, the Green Party candidate for president, is demanding equal time on the The Rush Limbaugh Show after Limbaugh hosted a 2-hour “radio rally” for Trump on Friday.

        In a letter to Limbaugh, Hawkins invoked the equal time rule of the Communications Act of 1934 to ask Limbaugh to contact him to arrange a date and programming format for equal time for Hawkins.

        “Limbaugh’s audience deserves to understand that it is me, not Biden, who is the democratic socialist in this race. It is me, not Biden, who supports Medicare for All and a Green New Deal,” Hawkins said. Hawkins was the first US candidate in 2010 to campaign for a Green New Deal, which became the signature policy of the Green Party.

    • Freedom of Information/Freedom of the Press

      • Kathleen Kearney Naureckas (1936–2020)

        Today would be the 84th birthday of my mother, Kathleen Kearney Naureckas, who died at her apartment in Oak Park, Illinois, on September 30, 2020. In accordance with the journalistic maxim she taught me, “News is something that happens to or near an editor,” allow me to tell you a little bit about her.

    • Civil Rights/Policing

      • What Else Is Barrett Hiding? Dems Demand Answers After Trump Supreme Court Pick Caught Concealing Talks to Anti-Abortion Groups

        “By repeatedly failing to disclose relevant information to the Senate, she has forfeited the benefit of the doubt.”

      • He’d Waited Decades to Argue His Innocence. She Was a Judge Who Believed in Second Chances. Nobody Knew She Suffered from Alzheimer’s.

        Nelson Cruz’s family was so sure Judge ShawnDya Simpson would free him, they brought a change of clothes to his hearing. Then everything took an unexpected turn. Can justice ever be sorted out?

      • The Far Right Holds a Grip on European Campuses

        Halfway through the public lecture that Dr. Daniel Wutti had spent weeks organizing at Klagenfurt University in rural Austria in 2017, 15 male protesters burst through the doors. Some were dressed as stereotypical Muslim women in black niqabs. One man was wearing traditional Austrian lederhosen, and as the “women” unfurled large banners reading “Stop immigration” and “Integration is a lie,” they began throwing stones at him.

      • If the NBA Stands for Racial Justice, What About Tom Gores?

        The NBA has made a bold statement this summer and fall with its support for the Black Lives Matter movement. The phrase is emblazoned on the courts and on the backs of many players’ uniforms. But how much of this is is sincere and how much is just woke marketing? The NBA franchise owners (or “governors,” in NBA parlance) have been talking the talk, but do they walk the walk?

      • Australian Aboriginal Leaders Testify Mining Firm’s Gag Clause Silencing Opposition to Destruction of Ancient Sacred Site

        “Rio Tinto must acknowledge, and seek to correct, the unequal bargaining positions that have always resulted in a disadvantage for Traditional Owners.”

      • Fake “official” drop boxes set up by California GOP may be in “violation of state law”: official

        Jordan Tygh, a regional field director for the California Republican Party, promoted an “official ballot drop off box” on Twitter and urged followers to message him for “convenient locations” to drop their ballots last week, The Orange County Register first reported. One voter reported an “Official Ballot Drop Box” that was “approved and bought by the GOP” outside of a Los Angeles area church before it was removed after county officials warned on social media that it was “not an official vote by mail drop box and does not comply with [state] regulations for drop boxes,” according to KCAL.

      • Unofficial Ballot Drop Box Appears In Front Of Baptist Church In Castaic

        Other posts on the church’s website show it hosting a forum for Republican local candidates and criticizing the Black Lives Matter movement. With that in mind, some locals said they are suspicious of what the church’s intentions were with the box.

        “If you believe in your candidate, there’s no reason to try to fudge with the election at all,” Kaehny said. “It’s an attack on democracy, it’s not ok, and it pissed me off.”

      • Wisconsin denies Foxconn tax subsidies after contract negotiations fail

        The discrepancy between what Foxconn is doing and what it said it would do in its contract has only grown since then, and it has brought Wisconsin and the company to an impasse. Documents obtained by The Verge show that attempts to renegotiate that contract have so far failed, and today, the Wisconsin Economic Development Corporation (WEDC), which oversees the deal, rejected Foxconn’s application for tax subsidies on the grounds that Foxconn had not carried out the Gen 10.5 LCD factory project described in its original contract.

      • Georgia marred by technical problems, long lines on first day of early voting

        Dominion Voting Systems, one of the largest voting equipment manufacturers in the country, was awarded a $107 million contract by the state last year to implement a “verified paper ballot system.”

        A spokesperson for the company referred The Hill to Fulton County, noting that Dominion “has no involvement in the matter.”

      • Massive Lines in Georgia on First Day of In-Person Voting Exemplify Ongoing ‘Voter Suppression,’ Say Critics

        “We’re becoming desensitized to unacceptable burdens on the franchise,” one political scientist said. “People died for this right. [It] shouldn’t take hours to participate in our democracy.”

      • Big turnout as early in-person voting starts in Georgia

        At least two counties briefly had problems with the electronic pollbooks used to check in voters. The issue halted voting for a while at State Farm Arena, where the NBA’s Atlanta Hawks play. Technicians resolved the problem and the lines soon cleared at the arena, which is Georgia’s largest early voting site, with 300 voting machines.

        “We’re disappointed that it happened,” Hawks CEO Steve Koonin told reporters, but he noted that there are still plenty of days left. Early in-person voting runs through Oct. 30 in Georgia.

      • The New Humanitarian | Education woes add to tensions outside Rohingya refugee camps

        The coronavirus pandemic has disrupted schooling across the globe. But in southern Bangladesh, local communities hosting nearly one million Rohingya refugees say they’ve been struggling for the past three years.
        Local teachers, students, and aid workers say schooling in host communities has grown more precarious since a military purge in Myanmar’s Rakhine State drove more than 700,000 Rohingya refugees into Bangladesh’s camps starting in August 2017.
        Educators warn of a lost generation of students as communities grapple with rising poverty, school dropouts, and teacher shortages – side effects, they say, of life amid a massive aid response.
        Gul Bahar, 13, stopped school last year because her fisherman father couldn’t afford to pay sky-high transport fees, which have doubled since 2017. Government bans on fishing in the nearby Naf River, imposed partly to cut off a transportation route used by Rohingya to enter Bangladesh, have put thousands out of work.
        “My younger sister and I don’t attend school now,” she said. “My father can no longer fish in the river after the arrival of Rohingya.

    • Monopolies

      • You Can’t Escape Uber’s Lobbying

        What these app companies are doing is both more invasive and a regular tactic rather than a rarity. Uber has done versions of lobbying through its app over and over and over again in many parts of the United States.

        The in-app messaging will probably win Uber and its friends some votes. They can get the word out to millions of potential voters in ways that seasoned politicians would envy. But the corporate propaganda risks turning people off, too. We should be able to take a ride across town or eat a bowl of cereal without becoming a target for self-serving corporate propaganda.

      • Bargaining for Innovation [Ed: Nope. False. Conflates financial rewards, defends a system created by rich people to protect and monopolise.]

        Reward drives innovation. For this reason, Congress has enacted a system of Patents, Trademarks, and Copyrights to incentivize innovation. Such publicly ordered intellectual property regulation supports public and private interests – mandating disclosure of the innovation while legislating protection of that disclosure. Increasingly, though, the legislated incentives are proving insufficient incentive for innovation, and innovators are relying on private incentives, undermining the fundamental balance of our legal framework and maximizing the reward to innovators at the cost of the public’s interest. Enforcement of contracts that supplant legislation rather than supplement it contravenes public policy and vitiates the public’s interest. It is time to reform public ordering to protect the public’s interest while providing the reward demanded for innovation.

      • Patents

        • Federal Trade Commission v. AbbVie Inc. (3d Cir. 2020)

          The Federal Trade Commission carried out an (in)famous crusade against reverse payment (more provocatively, “pay for delay”) settlements in ANDA litigation for almost a decade before eventually having the Supreme Court see things their way (to some extent) in FTC v Actavis. The Commission has not lost its enthusiasm for such interventions in drug patenting matters but without (so far) overwhelming success. This pattern is illustrated in the Third Circuit’s recent decision in Federal Trade Commission v. AbbVie Inc.

          The Commission’s interest arose over Androgel, which the opinion characterizes as a “blockbuster testosterone replacement therapy that generated billions of dollars in sales,” the latter characteristic no doubt playing a large part in attracting the FTC’s investigation. The Commission brought suit against AbbVie and related companies under 15 U.S.C. § 53(b) (Section 13(b) of the Federal Trade Commission Act), which provides FTC jurisdiction over false advertisements with provisions for injunctions and restraining orders…

          [...]

          The basis of the allegations were that defendants filed “sham” patent infringement suits (which seems to be the allegation the FTC makes against any patent infringement or ANDA lawsuit brought by a drug company) against generic drug companies, followed by entering into an “anticompetitive reverse-payment agreement” with one such company (Teva Pharmaceuticals). (Indeed, Perrigo Co., one of the generic competitors, made that allegation before the District Court.)

          The various parties settled, concomitant with payments from Abbott/AbbVie for “avoided litigation expenses” (a category sanctioned by the Supreme Court’s Actavis opinion) and an agreement of a date certain, prior to patent expiration, when the generic competitor could market its Androgel generic drug. In Teva’s case, the Androgel settlement was paired with settlement over another generic drug (brand name TriCor) which permitted Teva to take advantage of a 180-day exclusivity period as first filer, with Abbott being the supplier and being entitled to “the costs of production, an additional percentage of that cost, and a royalty.” (This agreement formed the basis for FTC’s allegation of an illegal reverse payment.)

        • Where is the preemption test? [Ed: Dennis Crouch attacks the courts again for eliminating software patents as these patent litigation won't be happy until there's a billion patents]

          The newest Supreme Court patent eligibility case was recently filed by Rudy Telscher in Consumer 2.0, Inc., D/B/A Rently v. Tenant Turner, Inc. (Supreme Court 2020). Rather than directly challenging Alice Corp., Rently argues that the Federal Circuit has done a poor job of implementing the Supreme Court’s guidance. The Supreme Court decisions on eligibility are focused on avoiding improper preemption. While mouthing the word preemption as a goal, the Federal Circuit has repeatedly ruled that preemption forms no part of its eligibility test.

        • Australia’s cattle industry chalks up another loss in bid to overturn US-controlled cattle genome patent – ABC News

          In a judgment handed down this week, the Full Court of the Federal Court dismissed Meat and Livestock Australia’s (MLA) appeal against two previous decisions, handed down in 2018 and 2019.

          At the core of the dispute is a patent, lodged in 2010 by US company Branhaven LLC, that MLA claimed would have a chilling effect on cattle genomic research in Australia.

          The patent described using a common scientific technique for identifying valuable genetic traits in cattle, such as fat marbling or milk production.

          And MLA was concerned that in its original form, the patent was so broad it could encompass nearly two-thirds of the cattle genome.

        • Software Patents

          • Ripple Wins US Patent for New Oracle-Based Smart Contract Design

            Blockchain payments technology firm Ripple has won a patent for a design that can execute smart contracts based on data collected from the outside world.

          • Apple proposes biometric authentication for digital ID document access in patent application

            Apple is working on how to secure digital identity credentials like mobile drivers’ licenses and digital travel credentials, held on its mobile devices and shared through biometrics.

            A published patent application details the use of secure enclaves to store digital identity credentials, much as they are used to store biometric data, and controlled methods of providing those credentials.

          • The Open Invention Network’s expanded Linux System Definition [LWN.net]

            The Open Invention Network, which offers patent protection for a wide range of open-source software, has expanded its Linux System Definition — the set of software covered by the OIN patent non-aggression agreement. In particular, the new definition includes the exFAT filesystem (once the subject of a lot of patent worries), the KDE Frameworks, the Robot Operating System, and version 10 of the Android Open Source Project.

          • Certiorari granted in Arthrex

            The Supreme Court has granted Certiorari Arthrex on the questions of whether Administrative Patent Judges were properly appointed under the U.S. Constitution and, if not, what is the proper remedy.

      • Copyrights

        • Disney Reorganizes Content and Distribution Units to Bolster Streaming Businesses

          Under the new structure, the studios will continue to develop and produce originals for Disney’s streaming services — which include Disney Plus, Hulu and ESPN Plus — and legacy platforms. Distribution and commercialization will now be centralized under the Media and Entertainment Distribution group.

        • Disney to Reorganize, Prioritize Streaming In New Leadership Structure

          Under the new structure, Disney will create a new Media and Entertainment Distribution group responsible for both the dissemination and ad sales for all of its content, including across streaming services including Disney+. Chapek has tapped Kareem Daniel, formerly president of consumer products, games and publishing, to run the newly formed division.

        • Charter Doesn’t Have to Share VPN-Usage Details of All Subscribers in Piracy Lawsuit

          ISP Charter Communications doesn’t have to share all information it has on how subscribers use VPNs to conceal pirating activities. This information was requested by several record labels that sued the ISP for failing to take action against repeat infringers. Charter will, however, share all VPN-related information it has on accused subscribers.

        • SoccerStreams: UK’s Most Popular Pirate Site, Just in Time for Premier League PPV

          A Premier League plan to charge fans a £14.95 pay-per-view fee for every game not shown as part of Sky Sports or BT Sports packages has enraged fans, with experts warning it will lead to more piracy. Visitors to SoccerStreams.net, which has just become the most-visited pirate site in the UK, are likely to agree.

Transcripts of Bill Gates’ Lies: Part III

Posted in Antitrust, Bill Gates, Courtroom, Microsoft at 9:23 am by Dr. Roy Schestowitz

Part 3 (of a total of 4)

Gates deposition 1998

Summary: Techrights is curating and maintaining plain text versions of the Gates deposition of 1998, in which years if not decades of the company’s abuses were scrutinised in a face-to-face fashion

Previous parts: Part I, Part II

Videos of the deposition: First part, second part, third part, fourth part, fifth part, sixth part, seventh part, eighth part, ninth part, tenth part, eleventh part, and last part

Selected transcripts of the deposition: Few annotated transcripts and longer transcripts


1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF COLUMBIA
3
4
5 UNITED STATES OF AMERICA, )
) No. CIV 98-1232(TPJ)
6 Plaintiff, )
) VOLUME II
7 vs. ) (Afternoon Session)
)
8 MICROSOFT CORPORATION, ) CONFIDENTIAL
)
9 Defendant. )
)
10
11
12 CONTINUATION OF THE DEPOSITION OF BILL
13 GATES, a witness herein, taken on behalf of the
14 plaintiffs at 12:35 p.m., Friday, August 28, 1998, at
15 One Microsoft Way, Redmond, Washington, before
16 Katherine Gale, CSR, pursuant to Subpoena.
17
18
19
20
21
22
23 REPORTED BY:
Katherine Gale
24 CSR No. 9793
Our File No. 1-49006 25

1 APPEARANCES OF COUNSEL:
2 FOR THE UNITED STATES OF AMERICA:
3 UNITED STATES DEPARTMENT OF JUSTICE
BY PHILLIP R. MALONE
4 KARMA M. GIULIANELLI
450 Golden Gate Avenue
5 Box 36046
San Francisco, California 94102
6 (415) 436-6660
7 BOIES & SCHILLER LLP
BY DAVID BOIES
8 80 Business Park Drive
Armonk, New York 10504-1710
9 (914) 273-9800
10 FOR MICROSOFT CORPORATION:
11 MICROSOFT CORPORATION
LAW AND CORPORATE AFFAIRS
12 BY DAVID A. HEINER
WILLIAM H. NEUKOM
13 One Microsoft Way
Redmond, Washington 98052
14 (425) 936-3103
15 SULLIVAN & CROMWELL
BY RICHARD J. UROWSKY
16 125 Broad Street
New York, New York 10004
17 (212) 558-3546
18
FOR THE PLAINTIFF STATES:
19
STATE OF NEW YORK
20 OFFICE OF ATTORNEY GENERAL
BY STEPHEN D. HOUCK
21 GAIL P. CLEARY
THEODORE ZANG
22 120 Broadway
New York, New York 10271-0332
23 (212) 416-8275
24 ALSO PRESENT: PRISCILLA ALVAREZ, Paralegal
25 MICHEL CARTER, Video Operator

BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 I N D E X
2
3 WITNESS EXAMINATION BY PAGE
4 Bill Gates Mr. Boies 391
5
6 GOVERNMENT
EXHIBITS:
7
372 E-mail dated 4/14/97 399
8
373 E-mail dated 7/1/97 404
9
374 E-mail dated 8/25/97 441
10
375 E-mail dated 10/12/97 469
11
376 E-mail dated 4/17/97 393
12
377 E-mail dated 6/12/97 453
13 with Attachment
"How to Get To 30%
14 Share In 12 Months"
15 378 E-mail dated 5/14/97 449
16 379 E-mail dated 6/18/97 496
17
18
19
20
21
22
23
24
25
BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 BILL GATES,
2 a witness herein, having been previously duly sworn,
3 was deposed and testified as follows:
4
5 THE VIDEOGRAPHER: The time is 12:35.
6 We're going back on the record. This is Tape 3 of
7 the videotaped deposition of Bill Gates on August 28.
8
9 EXAMINATION (Continued)
10 BY MR. BOIES:
11 Q In connection with Intuit, Mr. Gates,
12 insofar as you were aware, was there any effort to
13 get Intuit to agree that Intuit would not promote
14 Netscape's browser?
15 A I'm not aware of any -- anything
16 specifically related to promotion. As I said, I
17 didn't deal with them directly. You could say
18 that -- ask them not to support Netscape as their
19 standard supported browser. It's a change in their
20 promotion of Netscape.
21 Q Yes. I take that point. Let me make
22 the question a little more precise.
23 Other than an attempt to get Intuit to
24 make Internet Explorer into its default browser, did
25 Microsoft make any effort, that you're aware of, to
391 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 get Intuit not to support or advertise Netscape's
2 browser?
3 A It's kind of a strange question because
4 Intuit never would have specifically advertised
5 someone's browser. So I don't know what -- what do
6 you mean by promotion when you give that example?
7 Q Well, I'm really just asking for what
8 Microsoft did. And if you don't understand the
9 question, Mr. Gates, you can tell me and I will
10 rephrase the question.
11 A Isn't that what I just did?
12 Q Saying that you didn't understand the
13 question?
14 A Uh-huh.
15 Q Okay. Let me put another question to
16 you.
17 Did Microsoft, insofar as you are
18 aware, try to get Intuit to agree not to enter into
19 any kind of marketing or promotion agreements with
20 Netscape?
21 A I don't know.
22 Q Did you have discussions with anyone
23 concerning what Microsoft was trying to get from
24 Intuit?
25 A I might have sent e-mail about it at
392 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 some point.
2 Q Do you remember the content of that
3 e-mail?
4 A No.
5 Q Do you remember anything at all about
6 the content of that e-mail?
7 A Well, I don't know that it's an e-mail
8 either. I said I might have sent e-mail. It may
9 have been many e-mails. So no, I don't remember
10 anything beyond the fact that there may have been
11 e-mail about this, and I may have made my views about
12 the subject known.
13 Q Let me ask you to look at a document
14 that has been previously marked as Government Exhibit
15 376.
16 This purports to be an e-mail dated
17 April 17, 1997 from Brad Chase to you and some other
18 people which is forwarding on an e-mail of earlier in
19 the day on April 17 from Mr. Will Poole to Brad
20 Chase. The subject of both e-mails is Intuit Terms
21 Agreed.
22 (The document referred to was marked as
23 Government Exhibit 376 for identification and is
24 attached hereto.)
25 Q BY MR. BOIES: Do you see that?
393 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A Well, it's just a forward, yeah.
2 Q Do you recall receiving this e-mail?
3 A No.
4 Q Do you have any doubt that you received
5 a copy of this e-mail?
6 A No.
7 Q There are --
8 A I don't have any reason to doubt. I
9 don't know that I received the e-mail. I don't have
10 any reason to doubt it. But since I don't remember
11 it --
12 Q Did you ever see this e-mail before?
13 A I don't remember ever seeing it.
14 Q Under the heading "Intuit obligations"
15 it says, "Bundle IE3 (Quicken) and IE4 (other
16 products)."
17 Do you see that?
18 A Uh-huh.
19 Q Were you told in April 1997 that Intuit
20 had agreed to bundle IE3 and IE4 with its products?
21 A I don't remember that specifically.
22 Q Farther down on under "Intuit
23 obligations," there is an obligation that reads,
24 quote,
25 "Not enter into marketing or
394 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 promotion agreements with Other
2 Browser manufacturers for
3 distribution or promotion of Intuit
4 content."
5 Do you see that?
6 A Uh-huh.
7 Q Were you told in words or in substance
8 in or about April of 1997 that Intuit had agreed not
9 to enter into marketing or promotion agreements with
10 other browser manufacturers for distribution or
11 promotion of Intuit content?
12 A I don't remember being told that.
13 Q Do you have any reason to doubt that
14 you were told that?
15 A In the sense that one of the e-mails
16 that may have come into my mailbox might have related
17 to that, I don't -- I don't doubt it. Certainly
18 wasn't something that could have been very
19 significant to me because I don't have a recollection
20 of it.
21 Q The last Intuit obligation that is
22 listed here is, quote,
23 "Create 'differentiated
24 content' area for Intuit Channel that
25 is available only to IE users," close
395 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 quote.
2 Do you see that?
3 A Uh-huh.
4 Q Were you told in words or in substance
5 in or about April of 1997 that Intuit had agreed with
6 Microsoft that Intuit would create a differentiated
7 content area for Intuit's channel that would be
8 available only to IE users?
9 A I don't remember being told that nor do
10 I understand what it means.
11 Q Have you ever had any discussions with
12 anyone within Microsoft about the possibility of
13 content providers creating content area that would
14 only be available to IE users?
15 A I don't -- no. I don't understand
16 that. I mean, it -- if the URL was there, you can
17 get to it.
18 Q So what you're saying is that this
19 obligation that Intuit said to have taken on is an
20 obligation that you don't understand at all what it
21 means; is that what you're telling me?
22 A No. I'm saying these words that are on
23 this piece of paper, I don't understand what they
24 mean.
25 Q Do you understand the concept?
396 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A I don't know what it means.
2 Q Okay.
3 Did you ever ask Mr. Poole what it
4 meant?
5 A Nope.
6 Q Did you ever ask Mr. Chase what it
7 meant?
8 A No.
9 Q Did you ever ask anybody what it meant?
10 A Those words, no.
11 Q Or the concept that is described by
12 those words?
13 A I don't understand those words. So
14 it's hard for me to relate to the concept. I don't
15 understand the words.
16 Q Let me be sure that I understand what
17 you don't understand.
18 Are you telling me that you don't
19 understand what it would mean for Intuit to create a
20 differentiated content area?
21 A That's in quotes.
22 Q Yes. For the Intuit Channel that would
23 be available only to IE users?
24 A I'm not sure what they mean by that.
25 Q Do you have any idea what they mean by
397 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 that?
2 A No. It's confusing to me.
3 Q All right, sir.
4 When did Microsoft enter into an
5 agreement with Intuit to make IE Intuit's default
6 browser?
7 A I don't know the date of our agreement
8 with Intuit.
9 Q Do you know approximately?
10 A Well, before you showed me this e-mail,
11 I would have said, no. Looking in this e-mail it
12 suggests that it was sometime before April 17, 1997.
13 Q Just so you're not misled by the e-mail
14 the e-mail talks about when the terms are agreed, it
15 doesn't say that the agreement has yet been signed;
16 is that correct?
17 A I hadn't thought about that
18 distinction.
19 Q I think the first line you may want to
20 look at it where it says,
21 "We have agreed on all
22 salient terms in our term sheet and
23 are going to contract."
24 A Oh, you're right. You're right. I
25 guess I'd have to get a copy of it to know what date
398 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 it has. I think there was an agreement reached,
2 though.
3 Q Are you aware of any terms in that
4 agreement other than terms that are identified here?
5 A No.
6 Q Let me ask you to look at a document
7 that has been previously marked as Government Exhibit
8 372.
9 This is an e-mail to you from Ben
10 Slivka dated April 14, 1997. And the subject is,
11 quote, "Java review with you," close quote.
12 (The document referred to was marked as
13 Government Exhibit 372 for identification and is
14 attached hereto.)
15 Q BY MR. BOIES: Did you receive this
16 e-mail in or about April of 1997, Mr. Gates?
17 A I don't remember.
18 Q The e-mail begins that the author is
19 working with Paul Maritz to set up a two -- to
20 three-hour review for you on your Java efforts.
21 Do you see that?
22 A On our Java efforts.
23 Q On Microsoft's Java efforts?
24 A No. I think it's Ben Slivka's group.
25 Q And he is a Microsoft group; right?
399 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A Yes. He's part of Microsoft but not
2 all of Microsoft.
3 Q So you would interpret this that he is
4 working with Paul Maritz to set up a two- to
5 three-hour review for you of part of Microsoft's Java
6 efforts but not all of Microsoft's Java efforts; is
7 that what you're saying?
8 A Yeah. The work his group is doing.
9 Q The work his group is doing on Java;
10 right?
11 A Right.
12 Q Okay.
13 And he lists what he describes as some
14 pretty pointed questions that you, Mr. Gates, had
15 about Java.
16 Do you see that?
17 A Well, I'm not sure those are the
18 pointed questions. It says, "I want to make sure I
19 understand your issues/concerns."
20 Q Well, that's actually the last part of
21 a sentence that begins, quote:
22 "When I met with you last,
23 you had a lot of pretty pointed
24 questions about Java, so I want to
25 make sure I understand your
400 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 issues/concerns."
2 That's what the sentence says; correct,
3 sir?
4 A Right.
5 Q And when Mr. Slivka says "I met with
6 you last," he's talking about you, Mr. Gates; correct
7 sir?
8 A Yes.
9 Q And when he says, "You had a lot of
10 pretty pointed questions about Java," he's again
11 talking about you, Mr. Gates; correct?
12 A Right.
13 Q And then he lists what he refers to as
14 a start:
15 "1. What is our business
16 model for Java?
17 "2. How do we wrest control
18 of Java away from Sun?"
19 Do you see that?
20 A Uh-huh.
21 Q Sometime prior to April 14, 1997, had
22 you conveyed to Mr. Slivka that one of your pointed
23 questions about Java was, quote, "How do we wrest
24 control of Java away from Sun?"
25 A I don't think I would have put it that
401 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 way. Certainly was an issue about the popularity of
2 Sun's runtime APIs versus our runtime APIs.
3 Q Is it your testimony that you didn't
4 raise the question of "How do we wrest control of
5 Java away from Sun?" with Mr. Slivka?
6 A I'll say again, I doubt I used words
7 like that. But there certainly was an issue of the
8 popularity of our runtime APIs versus runtime APIs.
9 Q Just so that the record's clear. I'm
10 not asking you about whether there was a question
11 about the popularity of your runtime APIs or their
12 runtime APIs. What I'm asking is whether you told
13 him in words or in substance that you wanted to know
14 how Microsoft could wrest control or get control of
15 Java away from Sun.
16 MR. HEINER: Objection. Asked and
17 answered twice.
18 MR. BOIES: I think he said he didn't
19 remember using those words. What I now want to try
20 to find out is whether he used those words or
21 conveyed that substance.
22 MR. HEINER: And he doesn't remember
23 using those words.
24 MR. BOIES: And I'm asking him whether
25 he conveyed that in words or in substance.
402 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 MR. HEINER: He testified as to
2 substance.
3 MR. BOIES: I don't believe he did.
4 But I'm in any event putting the question to the
5 witness.
6 THE WITNESS: I don't remember anything
7 about "control" as a word or in substance. But there
8 was an issue about the popularity of our runtime APIs
9 versus Sun's runtime APIs.
10 Q BY MR. BOIES: I take it you know
11 Mr. Slivka?
12 A Uh-huh.
13 Q You've got to answer "yes" or "no"
14 audibly so the reporter can take it down.
15 A Yes.
16 Q And you believe him to be a person of
17 competence and integrity?
18 A Yes.
19 Q Do you have any reason to believe that
20 he would have misstated what you told him when you
21 met with him last before April 14, 1997?
22 MR. HEINER: Objection.
23 THE WITNESS: In no way does this
24 purport to be a restatement of things I said to Ben
25 Slivka.
403 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q BY MR. BOIES: Well, Mr. Gates, what
2 this memorandum says is, quote,
3 "When I met with you last,
4 you had a lot of pretty pointed
5 questions about Java, so I want to
6 make sure I understand your issues
7 and concerns."
8 "Here's a start, can you
9 please add any that I'm missing?"
10 And then he lists six, the second of
11 which is, "How do we wrest control of Java away from
12 Sun?"
13 You see that in the exhibit, do you
14 not, sir?
15 A Uh-huh, yes.
16 Q Let me ask you to look at a document
17 that has been previously marked as Government Exhibit
18 373. It's a one-page exhibit and the second item on
19 the page is a message from you to Paul Maritz dated
20 June 16, 1997, on the subject of, quote, "Java
21 schism," close quote.
22 (The document referred to was marked as
23 Government Exhibit 373 for identification and is
24 attached hereto.)
25 Q BY MR. BOIES: Did you send this
404 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 message, Mr. Gates?
2 A I don't remember it. But I don't have
3 any reason to doubt that I did.
4 Q What did you mean by, quote, "Java
5 schism," close quote?
6 A I think the e-mail speaks for itself.
7 Q The e-mail may very well speak for
8 itself. But what I want to know is --
9 A I could have written a mail that says,
10 "A point that is important
11 to me is to have PURE JAVA
12 applications that do a lot HAVE to
13 ship a full runtime instead of being
14 able to count on the runtime being
15 shipped with the operating system,"
16 and so on.
17 Q Maybe my question wasn't clear. What
18 I'm trying to get you to do is to tell me what you
19 meant by the term "Java schism."
20 A It's a heading for this piece of
21 e-mail. The e-mail is the communication, not the
22 heading.
23 Q I understand that, sir. But what I'm
24 asking is: You chose the heading, did you not, sir?
25 A It appears I typed that.
405 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Right. And why did you choose this
2 heading for this memo? What were you meaning to
3 convey by the term "Java schism"?
4 A Exactly what I put into the message.
5 Q Well, sir, what did you mean by
6 "schism"?
7 A It explains that in the message.
8 Q I'm asking you to explain it in your
9 words what you mean by the word "schism."
10 A I'm drawing a distinction between pure
11 Java apps and where they get their runtime bits.
12 Q And is that the schism that you're
13 referring to?
14 A That's what this e-mail is about, and
15 that's -- and I titled it "Java schism" when I wrote
16 that e-mail. And the question is: "How do pure Java
17 applications get their runtime bits?"
18 Q Could you read that answer back,
19 please?
20 (Answer read.)
21 Q BY MR. BOIES: What is on the two sides
22 of the schism, Mr. --
23 A The bits you get from the browser, the
24 bits you get elsewhere. And the mail couldn't be
25 clearer. It's asking about two sources of the bits.
406 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 You can get bits from the browser, you can get bits
2 somewhere else.
3 Q Okay.
4 Now, where else can you get the bits?
5 A They can ship with the application.
6 Q And why was it important to you to have
7 pure Java applications that have the characteristics
8 that you described in here?
9 A I didn't want to have to have the
10 browser get so large that it would have all the
11 runtime bits for all the applications.
12 Q And so where would the bits be?
13 A With the application.
14 Q And what you're saying is that it's
15 important to you that Microsoft develop pure Java
16 applications that have a lot of bits in them so that
17 those bits don't have to be in the browser. Is that
18 the case?
19 A No. It doesn't say anything about
20 Microsoft developing pure Java applications.
21 Q You're right, it doesn't.
22 A And it's clearly not about that.
23 Q What is it about then, sir?
24 A It's about pure Java applications in
25 general.
407 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Did you believe that it was desirable
2 to have as many pure Java applications as possible?
3 A It has nothing to do with this e-mail.
4 The answer is no. But if you think it has something
5 to do with this e-mail, you're -- that's incorrect.
6 Q Okay. I think that it may or may not
7 be productive for you to speculate as to what I
8 think. What I am trying to do is I'm trying to get
9 your testimony about this e-mail and about your views
10 of Java more generally.
11 A I thought so.
12 Q And first let me ask a general
13 question, and that is: Did you believe that from
14 Microsoft's standpoint it was desirable to have as
15 many pure Java applications as possible?
16 A We weren't focused on that as a goal,
17 no.
18 Q In fact, is it fair to say that you
19 preferred fewer pure Java applications to more pure
20 Java applications?
21 A We preferred more applications that
22 took advantage of our APIs, and so we worked with
23 ISVs to maximize the number that took advantage of
24 our APIs.
25 Q And your APIs were not pure Java APIs;
408 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 correct?
2 A No. Some were, and some weren't.
3 Q Yes, sir, some were, and some weren't.
4 But the APIs that you wanted people to
5 use were APIs that were not pure Java APIs; correct,
6 sir?
7 A No. We were glad to have people use
8 both.
9 Q Were you indifferent as to whether they
10 used your pure Java APIs or your proprietary APIs?
11 MR. HEINER: Objection.
12 THE WITNESS: You've introduced the
13 word proprietary, and that completely changes the
14 question. So help me out, what do you want to know?
15 Q BY MR. BOIES: Is the term "proprietary
16 API" a term that you're familiar with, sir?
17 A I don't know what you mean by it.
18 Q Is it a term you're familiar with in
19 your business?
20 A I really don't know what you mean. You
21 mean an API that you have a patent on?
22 Q Mr. Gates, is the term "proprietary
23 API" a term that is commonly used in your business?
24 A Let me give you --
25 Q All I'm trying to do --
409 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A -- the common meanings that those words
2 could have. And then you can pick one of them, and
3 ask me a question about it.
4 Q No. All I need --
5 A Just -- you want me to define
6 "proprietary API" or not?
7 Q No, I don't want you to define
8 "proprietary API." I didn't ask you to define
9 proprietary API. I asked you a simple question
10 whether the term "proprietary API" was commonly used
11 in your business.
12 Now, I'm prepared to sit here as long
13 as you want to to answer questions that I haven't
14 asked. But I have a certain number of questions that
15 I'm going to ask at the end of these other answers.
16 Now, this is a simple question. You can say "yes,"
17 "no," or "It is used in lots of different ways." But
18 then I can choose what to follow up on. Or you can
19 simply make whatever statements you want, and I'll go
20 back to my question afterwards.
21 MR. HEINER: The witness is simply
22 trying to help you through a difficult subject
23 matter. That's all that's happening. It's not
24 offensive.
25 MR. BOIES: It is not offensive. But
410 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 all I am saying is with due respect, this witness's
2 efforts do not help me clarify difficult subjects.
3 MR. HEINER: They could help. But go
4 ahead and read the question one more time, or state
5 it again and he can answer it.
6 MR. BOIES: Okay.
7 Q Is the term "proprietary API" a term
8 that is commonly used in your business?
9 A I don't know how common it is. It has
10 many different meanings.
11 Q Is it a term that you have used in your
12 business?
13 A Sometimes.
14 Q Okay. Now, is it fair to say that when
15 you use the term "proprietary APIs" sometimes you
16 mean one thing and sometimes you mean something else?
17 A That's right.
18 Q Would you give me the different
19 meanings that you sometimes ascribe to the term
20 "proprietary APIs" when you use that term?
21 A It can mean an API that only happens to
22 be available from one company. It can mean an API
23 that for some reason related to intellectual property
24 can only be available from one company, and, of
25 course, that's never a black and white thing. It can
411 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 mean an API that somebody's chosen not to take to a
2 standards body. Those are three different things you
3 might mean by it.
4 Q I just want to be sure that the answer
5 is clear.
6 I'm not asking what I might mean by it
7 or what a person might mean by it. What I'm trying
8 to do is get you to tell me meanings that you ascribe
9 to that term when you use it.
10 A I've used all three of those.
11 Q Okay.
12 Are there other meanings that you have
13 ascribed to the term "proprietary API" in your use of
14 that term?
15 A Not that I can think of right now.
16 Q Okay.
17 Now, with respect to the API in
18 Windows, there are both Java APIs and non-Java APIs;
19 is that fair?
20 A I hate to tell you this, but what you
21 mean by "Java" there is subject to massive ambiguity.
22 Q Let me try to put the question this
23 way: In Windows there are pure Java APIs, there are
24 impure Java APIs, and there are APIs that have
25 nothing to do with Java; is that fair?
412 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 MR. HEINER: Objection. I guess at
2 this point I'll have to say that if we're going to
3 talk about pure Java APIs, you'll have to take the
4 time to go down that path as well, which I know
5 you're happy to do of defining what that term means.
6 MR. BOIES: I mean what the witness
7 meant when he wrote this e-mail on June 16, 1997.
8 MR. HEINER: Fine.
9 THE WITNESS: I don't see anything
10 about APIs.
11 Q BY MR. BOIES: Do you see "PURE
12 JAVA" --
13 A Yeah. But I don't see APIs.
14 Q -- in capital letters?
15 And I can spend as much time as we have
16 to on this. I think it shouldn't be necessary, but
17 if we have to, we will.
18 MR. HEINER: Mr. Boies, the difficulty
19 is -- I don't mean to be at all rude, but it's
20 partly -- you know, it's partly the complexity of the
21 subject matter and the difficulty you're having in
22 posing these questions. Java is a complex subject.
23 MR. BOIES: Java is a complex subject.
24 But when somebody talks about pure Java APIs, I don't
25 think that that is something that the witness can't
413 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 answer.
2 THE WITNESS: But you said that the
3 e-mail talks about pure Java API. And it doesn't.
4 MR. BOIES: No. I said pure Java.
5 THE WITNESS: No. You said APIs.
6 Q BY MR. BOIES: Mr. Gates, let me ask a
7 question. If you can't answer the question, you
8 can't answer the question.
9 Does Windows include pure Java APIs?
10 A There's a -- in some versions of
11 Windows there are some Java runtime APIs which at one
12 time Sun labeled as pure Java APIs.
13 Subsequently they changed in a way that
14 was not upwards compatible, so it's actually kind of
15 confusing.
16 Q Does Windows have any APIs that you
17 would consider to be pure Java APIs?
18 A Today?
19 Q Yes.
20 A Yeah. I guess the AWT 1.1 stuff you
21 might think of that way.
22 Q Anything else?
23 A I don't know what you mean "anything
24 else." Are we enumerating?
25 Q Any other API in Windows that you would
414 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 consider to be pure Java APIs, Mr. Gates?
2 A I know there's more. I don't know the
3 technical names for them.
4 Q And does Microsoft have a version of
5 Java that is not what you refer to in your memo as
6 pure Java?
7 A I have no idea what you mean by that
8 question.
9 Q Okay.
10 Does Windows include APIs that are
11 written in what is described as a form or version of
12 Java but not pure Java?
13 A Are you talking about the language?
14 Q If you don't understand the question,
15 Mr. Gates, you can simply say you don't understand
16 the question.
17 A Okay. I'm sorry. I don't understand
18 the question.
19 Q Good. Okay. That's what I'm trying to
20 do. What I'm trying to do is get on the record what
21 you say you understand and what you say you don't
22 understand.
23 MR. HEINER: Any time that the witness
24 clearly indicates he doesn't understand the question
25 but doesn't preface it with the words "I don't
415 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 understand the question." If you want that
2 convention --
3 MR. BOIES: I do, because I don't want
4 speeches as to what the witness does think if he
5 simply doesn't understand the question.
6 THE WITNESS: No. But I was pointing
7 out to you the part of the question that I didn't
8 understand because it was ambiguous.
9 MR. BOIES: Would you read the answer
10 back, please, or the statement.
11 (The following answer was read:
12 "A Are you talking about the language?")
13 MR. BOIES: No. I'm not talking about
14 the language if by "the language," you mean all the
15 things that you said about the Java language when we
16 were talking about Java yesterday. Now, let me go
17 back to me asking the questions, if I can.
18 Q As part of an effort to take control of
19 Java away from Sun in the terms used by Mr. Slivka in
20 his memo with Mr. Gates -- to you dated April 14,
21 1997, did Microsoft make an effort to get people to
22 use a version of Java APIs that was not pure Java
23 APIs?
24 MR. HEINER: Objection.
25 THE WITNESS: That's a very compound --
416 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 I don't understand the question.
2 Q BY MR. BOIES: Okay.
3 In an attempt to, in Mr. Slivka's
4 words, wrest control of Java away from Sun, did
5 Microsoft make an effort to get programmers to write
6 to APIs that could be used to run applications on
7 Windows but not on all other operating systems to
8 which a pure Java written program could be run?
9 A I wouldn't say that was part of
10 anything to do with controlling Java. But we do
11 promote the use of the unique Windows APIs.
12 Q And with respect to the unique Windows
13 APIs, are some of those APIs APIs that Microsoft
14 describes as Java APIs or has in the past?
15 A All of our APIs can be called from
16 Java. So now I don't know what you mean by a Java
17 API. Usually somebody would mean something that you
18 can only call from Java or something you can call
19 from Java whether you can call it from other
20 languages or not.
21 Our APIs we make available to a broad
22 set of languages including Java but others as well.
23 Q Mr. Gates, you've been sued by Sun
24 Microsystems over Java, have you not?
25 A There's a lawsuit with Sun.
417 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Well, there's a lawsuit with Sun, and
2 it's a lawsuit with Sun relating to the use of Java;
3 right?
4 A It relates to a very specific contract
5 that we have with Sun.
6 Q And does that very specific contract
7 with Sun relate to Java?
8 A It's a license to various Sun
9 technologies related to Java.
10 Q Now, you're familiar with that lawsuit,
11 are you not, sir?
12 A Not very.
13 Q Not very?
14 Do you know what the contentions in
15 that lawsuit are?
16 A No.
17 Q Never tried to find out? Is that your
18 testimony?
19 A I haven't read the complaint, if that's
20 your question.
21 Q That's not my question.
22 My question is whether you've ever
23 tried to find out the substance of the allegations
24 about Java that Sun is making in its lawsuit against
25 Microsoft.
418 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A My understanding of their allegations
2 is very limited.
3 Q What is your understanding of their
4 allegations?
5 A I haven't read the contract between
6 Microsoft and Sun.
7 Q I'm asking you about the allegations in
8 the complaint, not whether you've read the contract.
9 I'm asking you for your understanding, which I know
10 you've already said is very limited. But I'm asking
11 for your understanding of what allegations Sun makes
12 in its claim against Microsoft.
13 A I think there's some dispute about they
14 were supposed to make the test cases public and
15 upwards compatible, and they didn't make them public,
16 and they weren't upwards compatible. And that
17 relates to the contract that I haven't read.
18 Q And that's what you think they allege
19 in the complaint?
20 A Well, that -- those are certain things
21 that they were required to do, I believe.
22 Q My question is not about what you
23 believe they were required to do, Mr. Gates. My
24 question is: What is your understanding about the
25 complaint that they make about what you did, about
419 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 what Microsoft did?
2 Do you understand the question?
3 A You're asking me to summarize their
4 lawsuit?
5 Q I'm asking you to tell me what you know
6 about the claims they make in that lawsuit. You said
7 you know something about it, but it's very limited.
8 All I'm trying to do is get you to tell me what it is
9 you know about the claims they make in their lawsuit.
10 A I think they want us to ship JNI.
11 Q Is that all you know about their
12 claims?
13 A I think there was something about a
14 trademark.
15 Q What about the trademark?
16 A Whether we could use the trademark.
17 I'm not sure.
18 Q Don't you know, Mr. Gates, one of the
19 allegations that they make is that you're taking
20 their trademark and applying it to things that it
21 shouldn't be applied to?
22 A Yeah. I think there's a trademark
23 issue. I'm not sure what they're saying about the
24 trademark.
25 Q Do you know anything that they're
420 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 saying about the trademark according to your present
2 testimony?
3 A I know there's a dispute about the
4 trademark.
5 Q Well, don't you know that one of the
6 things they're alleging is that Microsoft is taking
7 their trademark and applying it to things that
8 shouldn't be applied to according to them?
9 A I'm not sure that's right.
10 Q You're not sure?
11 A Because I don't think we used their
12 trademark, I'm not sure. I'm kind of confused about
13 that. I've never seen us using their trademark, so
14 I'm a little confused about how that relates to any
15 dispute with Sun.
16 Q Did you ever try to find that out?
17 A What?
18 Q What the claims were more than your
19 present knowledge.
20 A I read something that was on our web
21 site about four days ago.
22 Q About the Sun lawsuit?
23 A Yeah. Bob Muglia had some statements.
24 Q Other than that, did you ever try to
25 find out what Microsoft is being charged with, what
421 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 they're alleged to have done wrong?
2 A I've had discussions with Maritz
3 saying: Do I need to learn about this lawsuit? Do I
4 need to spend a lot of time on it?
5 Q What did he say?
6 A He said, no, he's focused on that and I
7 can focus on other things.
8 Q Is one of the things that you're
9 focused on trying, in Mr. Slivka's words, to wrest
10 control or get control, if wrest is a word that you
11 don't like, of Java away from Sun?
12 A No.
13 Q How did you think Microsoft could get
14 control of Java away from Sun?
15 MR. HEINER: Objection.
16 THE WITNESS: I honestly don't know
17 what you mean by "control of Java." I know those
18 words are in that e-mail from Mr. Slivka. But when
19 you're asking me the question, I don't know what you
20 mean "control of Java."
21 Q BY MR. BOIES: Is it your testimony,
22 Mr. Gates, that as you sit here today under oath you
23 have no idea what Mr. Slivka meant when he said that
24 one of the pointed questions that you had raised with
25 him was how to get control of Java away from Sun?
422 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A I told you, I think it related to our
2 attempt to make our runtime APIs the most popular
3 runtime APIs.
4 Q And not the Java APIs from Sun; is that
5 what you're saying?
6 A Well, let's not label the APIs, not the
7 unique ones that Sun was promoting.
8 Q When you say the unique ones that Sun
9 was promoting, what were the unique ones that Sun was
10 promoting called?
11 A I'm not sure what they're called. I
12 think AWT 1.2 maybe or JDK 1.2.
13 Q And is it your best testimony that
14 that's what you think this would have meant back in
15 April of 1997, sir?
16 A That what meant?
17 Q Getting control of Java away from Sun.
18 The thing we've been talking about here.
19 A Is that the same as "wrest control"?
20 You keep reading me these words from the e-mail.
21 Q Well, I'm trying to get away from the
22 word "rest" because you say you don't remember that
23 exact word. So I'm trying to use a word that's more
24 neutral like get or obtain control.
25 A And I've told you, I can't understand
423 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 what's meant by "control" there. I know that we're
2 trying to make our APIs popular with developers.
3 Q How does making your APIs popular with
4 developers relate to obtaining control of Java, if at
5 all?
6 A I don't know what it means to control
7 Java. How can somebody control Java? What does that
8 mean?
9 Q Is it your testimony that you have no
10 idea what that means?
11 A To control Java? I don't think anyone
12 can control Java. It's like saying controlling Basic
13 or COBOL.
14 Q Do you really mean that, sir?
15 A Yes.
16 Q And I'm going to press this just
17 another 30 seconds and then I will stop. But I
18 really do want to be sure that I have given you a
19 full and fair opportunity.
20 Is it your testimony that as you sit
21 here today under oath that you have no idea what is
22 meant by control of Java as used in this e-mail to
23 you by Mr. Slivka?
24 A I've said several times I think he must
25 be referring to our effort to make our APIs the most
424 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 popular APIs. But that wouldn't give us control of
2 Java. So I'm having a hard time relating it to these
3 specific words.
4 Q Well, without relating it to the
5 specific words, how would getting people to use your
6 APIs get control of Java? Why do you relate those
7 two in your mind?
8 A Because he probably means the Java
9 runtime, not Java.
10 Q Let's say he means the Java runtime.
11 A Then he's talking about the competition
12 of APIs.
13 Q Is it fair to say, Mr. Gates, that you
14 interpret this as how does Microsoft get, obtain,
15 control of Java runtime? Is that what you're saying?
16 A I think that's the most likely
17 explanation of what he meant. I still don't
18 understand the word "control" there because it's not
19 the word I'd use.
20 Q Well, according to Mr. Slivka it is the
21 word you used, is it not, sir?
22 MR. HEINER: Objection.
23 THE WITNESS: We've already been
24 through that.
25 Q BY MR. BOIES: But looking at this
425 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 doesn't refresh your recollection about having used
2 that word?
3 A It does not.
4 Q Have you ever said in words or in
5 substance to anyone that you wanted to obtain control
6 over Java or under -- over Java runtimes?
7 A I don't remember using those words.
8 Q Do you remember conveying that concept
9 or conveying that substance?
10 A If by "that concept" you mean conveying
11 the idea that we wanted our runtime APIs to be the
12 most popular, then the answer is yes.
13 Q Why did you want your runtime APIs to
14 be the most popular?
15 A By having our runtime APIs be the most
16 popular it means that people are more likely to
17 license Windows because there's applications that
18 take advantage of the unique innovations that are in
19 the Windows product.
20 Q Why does the fact that their
21 applications that take advantage of the unique APIs
22 that are in the Windows product make people more
23 likely to license Windows?
24 A Because it shows off the unique
25 innovations of Windows.
426 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q How does it show off the unique
2 innovations of Windows?
3 A Well, let's say, for example, they call
4 our tasking APIs, then it shows off the unique way
5 that we've done tasking. Let's say they call our
6 clipboard APIs, then it shows off the advances we've
7 made in data exchange which are very advanced.
8 Q Is it your testimony that trying to get
9 applications writers to write to Windows' own APIs
10 was something that you were trying to do only for the
11 reason that you've identified?
12 MR. HEINER: May I have that read back,
13 please?
14 (Question read.)
15 THE WITNESS: I think there's
16 additional reasons as well.
17 Q BY MR. BOIES: Isn't it a fact,
18 Mr. Gates, that one of the reasons that you were
19 trying -- that Microsoft was trying to get control
20 over the Java runtimes or Java, as it's described in
21 Mr. Slivka's memorandum, was to prevent Java or Java
22 runtimes from supporting competition with Windows?
23 MR. HEINER: Objection.
24 THE WITNESS: I don't know what you
25 mean by "control." That means I don't understand the
427 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 question.
2 Q BY MR. BOIES: Okay.
3 Did you ever participate in any
4 discussions within Microsoft as to the extent of
5 which Java or Java runtimes posed a threat to
6 Microsoft's position with respect to the Windows
7 platform?
8 A Yeah. I've already told you that there
9 came a point where we viewed Sun's unique Java
10 runtime APIs as a -- as a part of the competitive
11 environment, a competitor.
12 Q Okay.
13 Now, why were the Java APIs from Sun a
14 competitor?
15 A Well, if people just used the least
16 common denominator APIs, then they don't show off the
17 innovations that we're doing in Windows, and it makes
18 it less attractive to people to license Windows or
19 update Windows.
20 Q Now, what I'm trying to do -- and you
21 may think you've answered this question, but I don't
22 think the record makes it clear in any event.
23 What I'm trying to do is distinguish
24 between that reason which you've given me a couple
25 times and any other reason that may exist.
428 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Do you understand what I'm asking?
2 A No.
3 Q Okay. Let me try it again.
4 Isn't it true, Mr. Gates, that in
5 addition to whatever desire you may have had to show
6 off your Windows capabilities that you say you had,
7 that one of the things that was going on here was
8 your trying, Microsoft's trying, to prevent Java from
9 getting wide enough distribution so that it could
10 support applications programming for platforms other
11 than Windows?
12 A No.
13 Q Not at all, sir?
14 A There's no limitation of distribution.
15 Q Didn't ask whether there was any
16 limitation of distribution. I asked you whether in
17 any way the desire to prevent Java from developing
18 applications that could be used on platforms other
19 than Windows motivated what Microsoft was doing in
20 connection with Java.
21 MR. HEINER: Objection. That's a
22 distinctly different question.
23 THE WITNESS: What does it mean Java
24 developing applications?
25 Q BY MR. BOIES: I actually didn't recall
429 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 that I used that phrase.
2 THE WITNESS: Can you read me the
3 question?
4 (The following question was read:
5 "Q I asked you whether in
6 any way the desire to prevent Java
7 from developing applications that
8 could be used on platforms other than
9 Windows motivated what Microsoft was
10 doing in connection with Java.")
11 MR. BOIES: Can you answer that
12 question, Mr. Gates. If you can't, I'll rephrase it.
13 But if you can answer, I'd like an answer.
14 THE WITNESS: I don't know what you
15 mean "Java developing applications."
16 Q BY MR. BOIES: Isn't it a fact,
17 Mr. Gates, that in addition to whatever other reasons
18 you say you had for what you did with Java and
19 Windows APIs, part of what you were trying to do was
20 to prevent Java from having a wide enough
21 distribution so that it could support programs that
22 could be used on platforms other than Windows?
23 A We had no way of preventing Java from
24 being used on other platforms. It is used on other
25 platforms.
430 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q That wasn't my question, sir. My
2 question is whether or not part of what you and
3 Microsoft was trying to do was to limit the
4 distribution of Java sufficiently so that you could
5 thereby limit or reduce the extent to which
6 applications were written that could be used on
7 platforms other than Windows.
8 A No. In fact, we sell the most popular
9 Java tools in the market.
10 Q It is your testimony, then, sitting
11 here, that Microsoft was not at all motivated by a
12 desire to limit the extent to which Java could be
13 used to develop applications programming that could
14 be used on platforms other than Microsoft's Windows?
15 Is that your testimony?
16 A Yes.
17 Q All right, sir.
18 Was your concern over Netscape's
19 browser at all related to the fact that Netscape's
20 browser was viewed within Microsoft as a method of
21 distributing Java?
22 MR. HEINER: Objection. At the risk of
23 belaboring the record.
24 Would you care to state the question
25 more precisely and perhaps develop a better record?
431 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Or do you want to stick with the question you have?
2 MR. BOIES: If the witness tells me he
3 can't understand that question, that's an answer. If
4 he can understand the question, I'd like to have an
5 answer.
6 MR. HEINER: In addition to that
7 there's an objection based on that, so that's a
8 second consideration.
9 THE WITNESS: Well, you have to read
10 the question again. Sorry.
11 (The following question was read:
12 "Q Was your concern over
13 Netscape's browser at all related to
14 the fact that Netscape's browser was
15 viewed within Microsoft as a method
16 of distributing Java?")
17 MR. HEINER: Another objection.
18 Foundation.
19 MR. BOIES: Okay. I think the
20 foundation objection may be well-taken. Let me ask
21 the foundation question.
22 Q Did Microsoft believe that Netscape's
23 browser was a means of distributing Java APIs?
24 A Well, Netscape had some APIs in its
25 browser. I'm not sure if you would refer to them as
432 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Java APIs or not.
2 Q It's not a question whether I would
3 refer to them that way or not, Mr. Gates. What I'm
4 asking you is what you and Microsoft believe.
5 And my question is: Did you and others
6 at Microsoft believe that Netscape's browser was a
7 method for distributing Java APIs?
8 A There were APIs in the Netscape
9 browser. I don't think they were strictly Java APIs
10 or even in a direct sense specifically.
11 Q Have you completed your answer, sir?
12 A Uh-huh.
13 MR. BOIES: Can I have the question
14 read back again?
15 (The following question was read:
16 "Q It's not a question
17 whether I would refer to them that
18 way or not, Mr. Gates. What I'm
19 asking you is what you and Microsoft
20 believe.
21 "And my question is: Did
22 you and others at Microsoft believe
23 that Netscape's browser was a method
24 for distributing Java APIs?")
25 Q BY MR. BOIES: Can you tell me that,
433 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 sir?
2 A There were APIs in Netscape browser
3 some of which under some definition of Java APIs
4 you'd call Java APIs.
5 Q And was there concern within Microsoft
6 that the distribution of these things that you say
7 could be called Java APIs would adversely affect
8 Microsoft?
9 A Our concern is always to get people to
10 develop Windows applications. And to the degree that
11 there's other APIs people to develop to, there's some
12 competition for the attention of developers and
13 focusing on those APIs. But that doesn't relate to
14 distribution.
15 MR. BOIES: Can I have my question read
16 back again, please?
17 (The following question was read:
18 "Q And was there concern
19 within Microsoft that the
20 distribution of these things that you
21 say could be called Java APIs would
22 adversely affect Microsoft?")
23 Q BY MR. BOIES: Could I have an answer
24 to that question, please, sir?
25 A No, not the distribution.
434 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Let me ask you to look at a document
2 that has been previously marked as Government Exhibit
3 349. The first message in this exhibit is an e-mail
4 from Paul Maritz to you and a number of other people
5 dated July 14, 1997; correct, sir?
6 A That's what it appears to be, yes.
7 Q Did you receive this e-mail, sir?
8 A I don't remember it. But I don't have
9 any reason to doubt that I did.
10 Q Mr. Maritz writes to you in the third
11 sentence, quote,
12 "If we look further at
13 Java/JFC being our major threat, then
14 Netscape is the major distribution
15 vehicle."
16 Do you see that, sir?
17 A Uh-huh.
18 Q Do you recall Mr. Maritz telling you in
19 words or in substance that Netscape was the major
20 distribution vehicle for the Java/JFC threat to
21 Microsoft?
22 A No.
23 Q Did you believe in July of 1997 that
24 Java/JFC was a major threat to Microsoft as
25 Mr. Maritz writes here?
435 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A It was a significant issue for his
2 group in terms of how ISVs would choose to focus
3 their development in the future.
4 Q Did you believe in July of 1997 that
5 Java/JFC was a major threat to Microsoft?
6 A In the form that it existed as of that
7 day, maybe not. But if we looked at how it might be
8 evolved in the future, we did think of it as
9 something that competed with us for the attention of
10 ISVs in terms of whether or not they would take
11 advantage of the advanced features of Windows.
12 Q Do you have any understanding as to
13 what Mr. Maritz meant when he wrote to you about
14 Java/JFC being a major threat to Microsoft?
15 A Yeah. I just answered that.
16 Q What did you understand Mr. Maritz to
17 mean when he says Java/JFC was Microsoft's major
18 threat?
19 A I just answered that.
20 Q You'll have to give me an answer,
21 Mr. Gates, because if you did answer it, it's not an
22 answer that I can understand how it applies to the
23 particular question I'm asking.
24 A I said we looked at how the various
25 runtime APIs which was always confusing, you know,
436 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 where they were going or what they were doing. And
2 "JFC" is just a term for some of those, how they
3 might evolve in a way that would take away the focus
4 of developers in terms of writing applications that
5 would take unique advantage of Windows features.
6 Q I understand that you say that that was
7 an issue for you. Why was that a major threat to
8 Microsoft, if you have any understanding?
9 A Well, if people stopped writing
10 applications that took advantage of Windows runtime
11 APIs, that would mean that users wouldn't have access
12 to the innovative features that we were putting into
13 Windows.
14 Q Why was that a major threat to
15 Microsoft?
16 A If ISVs weren't writing applications to
17 take unique advantage of Windows, then it wouldn't
18 show off the Windows innovation and so users wouldn't
19 have much reason to update Windows or to license any
20 new versions of Windows.
21 Q You referred to JFC in a couple answers
22 ago and, of course, that's here in the memo. What
23 does "JFC" stand for as you understand it?
24 A I was always a little confused about
25 that, and it changed over time. It stands for Java
437 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Foundation Classes.
2 Q Mr. Maritz writes here that Netscape is
3 the major distribution vehicle for Java and Java
4 Foundation Classes.
5 Do you see that?
6 A That's at the end of that sentence?
7 Q Yes.
8 A Uh-huh.
9 Q Do you see that?
10 A Yes.
11 Q Now, in a prior answer you said you
12 didn't understand how the browser was a distribution
13 vehicle. Does this refresh your recollection that at
14 least within Microsoft in July of 1997 Netscape was
15 viewed as the major distribution vehicle for Java?
16 A Not for Java. And in my view, the
17 browser wasn't a key distribution channel. Maritz
18 may or may not have agreed with that. But you can
19 always ship the runtime with the applications.
20 Q Mr. Maritz here says, "Netscape is the
21 major distribution vehicle."
22 Now, it's clear to you, is it not, sir,
23 that he means the major distribution vehicle for Java
24 and Java Foundation Classes?
25 A He doesn't mean for Java.
438 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Well, sir, he says --
2 A I told you many times about the use of
3 the word "Java." And I'm not sure you heard me.
4 When people use the word "Java," they don't mean just
5 Java.
6 Q So when Mr. Maritz here used the word
7 "Java," in this e-mail that you say you don't recall
8 receiving, you're telling me that he meant something
9 other than just Java?
10 A He -- I bet he meant some runtime APIs,
11 not Java.
12 Q Okay.
13 Let's assume that you're right, let's
14 assume that when he talks about Java he means Java
15 runtime APIs. Would you then agree that what he is
16 saying here is that Netscape is the major
17 distribution vehicle for Java runtime APIs and Java
18 Foundation Classes?
19 A That appears to be what he's saying in
20 this e-mail.
21 Q And what was Mr. Maritz's position in
22 July of 1997?
23 MR. HEINER: Asked and answered too
24 many times.
25 THE WITNESS: Yeah. I've answered this
439 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 three times.
2 MR. BOIES: I'm not sure you did as to
3 this particular point in time. And one of the things
4 that you have told me is that the titles changed.
5 And so one of the things I want to be sure the record
6 is clear on is what Mr. Maritz's position was as of
7 the time of this key document.
8 MR. HEINER: You can cut and paste the
9 transcript any way you want in your briefs and in
10 your opening and closing argument. The witness has
11 testified as to his title many times.
12 Q BY MR. BOIES: Mr. Gates, what was
13 Mr. Maritz's title on July 14, 1997?
14 A I think group vice president.
15 Q What was he group vice president of?
16 A I don't know what the title would have
17 said after that. But he managed the group that
18 contained all of our Windows activities.
19 Q Was he group vice president for
20 Platforms?
21 A I'm not sure. I'm sure if it contained
22 the word "Platforms," it didn't just say Platforms,
23 because he's got Office and some other things also.
24 Q But within his responsibilities would
25 have been Windows?
440 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A That's right.
2 Q Let me ask you to look at a document
3 that has been marked as Government Exhibit 374. This
4 is an e-mail to you from Tod Nielsen dated August 25,
5 1997, with copies to Brad Chase.
6 (The document referred to was marked as
7 Government Exhibit 374 for identification and is
8 attached hereto.)
9 Q BY MR. BOIES: Did you receive this
10 e-mail, sir?
11 A I don't remember receiving it. But I
12 don't have any reason to doubt that I did.
13 Q Let me ask you to look at the seventh
14 paragraph down. That's the third paragraph from the
15 bottom, the last sentence. That says, quote,
16 "So, we are just proactively
17 trying to put obstacles in Sun's path
18 and get anyone that wants to write in
19 Java to use J/Direct and target
20 Windows directly," close quote.
21 Do you see that, sir?
22 A Uh-huh.
23 Q Do you recall being told in or about
24 August of 1997 that Microsoft was trying to put
25 obstacles in Sun's path and get anyone that wants to
441 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 write in Java to use J/Direct and target Windows
2 directly?
3 A No.
4 Q Do you know why Microsoft was trying to
5 put, quote, "obstacles in Sun's path," close quote?
6 A I don't know what that means.
7 Q Do you know why Microsoft was trying to
8 get anyone that wants to write in Java to use
9 J/Direct?
10 A Yes.
11 Q Why was that?
12 A Because J/Direct allows you to make
13 calls that show off unique innovations in Windows and
14 make -- therefore, make Windows more attractive.
15 Q Was there any reason other than that
16 that Microsoft wanted to get anyone that wants to
17 write in Java to use J/Direct?
18 A Yes.
19 Q What?
20 A Well, there's a benefit to us if people
21 are showing off Windows, and it increases Windows
22 popularity. That helps us with the other
23 applications we write for Windows as well including
24 Microsoft Office.
25 Q How is that so?
442 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A Because Microsoft Office is targeted to
2 Windows, we get a benefit that goes even beyond
3 increased sales of Windows if we manage to popularize
4 Windows.
5 Q Why is that?
6 A Because they can buy Office.
7 Q They can buy Office and use it on the
8 Mac, too, can't they, since you didn't cancel Mac
9 Office?
10 A We have a much wider set of
11 applications available for the Windows platform than
12 any other platform. And we have more frequent
13 updates of products like Office on the Windows
14 platform. It's a more powerful version, the Windows
15 version, and it -- therefore, our revenue per unit is
16 somewhat higher.
17 Q You mean the version of Office for
18 Windows is more powerful than the version of Office
19 for Mac? Is that what you're saying?
20 A Yes. We have Office Pro.
21 Q What is J/Direct?
22 A J/Direct is a way of allowing Java
23 language code to call native OS functionality. It's
24 a fairly clever thing that we have done. And others
25 now use that term to refer to it when they let their
443 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 OS functionality show through as well.
2 Q You have referred to Java runtimes.
3 Are there J/Direct runtimes?
4 A There's a thunk, but it's -- I don't
5 know if you would call it a runtime or not. It's a
6 thunk.
7 Q Would you define for me what the
8 difference is, in your mind, between a thunk and a
9 runtime?
10 A A thunk is a small piece of runtime
11 that remaps parameters and calling conventions in
12 such a way to be able to pass along an API call to
13 another piece of runtime.
14 Q Does -- or I should say, when was
15 J/Direct developed by Microsoft?
16 A I'm not sure.
17 Q Approximately?
18 A I don't -- I don't know. I mean --
19 Q Why was J/Direct developed by
20 Microsoft?
21 A To make is easy for people who choose
22 the Java language to call the unique runtime features
23 in various operating systems including Windows.
24 Q Why do you want people to write in
25 J/Direct as opposed to Java?
444 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A They are writing in Java. You only use
2 J/Direct if you write in Java.
3 Q Well, what Mr. Nielsen says is that
4 Microsoft is trying to get anyone that wants to write
5 in Java to use J/Direct.
6 Do you see that?
7 A That's right. And that means writing
8 in Java.
9 Q And why do you want to get anyone who
10 wants to write in Java to use J/Direct?
11 A Because that gives them a way of
12 calling unique Windows APIs that allow us to show off
13 the innovative features in Windows.
14 Q Couldn't you do that by having them
15 simply write in Java and you providing the thunk
16 separately?
17 A The name of the thunk is J/Direct. I
18 guess we could have another thunk and call it
19 something other than J/Direct, and that would be
20 another way that they could do it. But we didn't
21 choose to do it twice.
22 Q No, you didn't choose to do it twice.
23 That's not my question, Mr. Gates.
24 My question is why you were trying to
25 get program developers, independent programming
445 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 people, to use J/Direct. Why were you trying to get
2 them to do that?
3 MR. HEINER: Certainly asked and
4 answered.
5 THE WITNESS: Because it allows them to
6 get at the unique API functionality that's in the
7 Windows product and show off the innovations that we
8 do there.
9 Q BY MR. BOIES: But you didn't have to?
10 A Tell me some other way.
11 Q Well, I'm asking you. If you tell me
12 that that's what you say is the only way that you
13 could think of for them to do it, that's your
14 testimony. I don't get to testify here. If I did,
15 there would have been a lot of things I would have
16 said along the way. But since I don't get to
17 testify, all I get to do is ask you questions.
18 And my question to you is whether there
19 was a way, that you were aware of at the time, to let
20 people see all of what you refer to as the
21 functionality of Windows without getting people to
22 write to what you refer to here to use J/Direct if
23 they wanted to write in Java.
24 A J/Direct is exactly the work we did to
25 make it possible and reasonable for people writing in
446 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Java to call the unique Windows APIs.
2 Q Have you finished your answer?
3 A Yes.
4 Q Okay.
5 Now, were you aware of other ways of
6 accomplishing the same result that you considered and
7 rejected at the time?
8 A What time is that?
9 Q The time that you developed J/Direct.
10 A We don't know what that time is.
11 Q Well, you may not know the exact year.
12 But do you know that when -- were you aware when
13 J/Direct was being developed within Microsoft? Were
14 you aware of it at the time?
15 A I'm not sure.
16 Q Did you know it was being developed?
17 A I'm not sure.
18 Q Did you have any discussions about the
19 development of J/Direct?
20 A I was not involved in the design of
21 J/Direct.
22 Q I'm not asking you whether you were
23 involved in the design of J/Direct. I'm asking you
24 whether you were aware at the time that J/Direct was
25 being developed that it was being developed?
447 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A I'm not sure.
2 Q Did you ever have any discussions with
3 anyone about the development of J/Direct at or about
4 the time it was being developed?
5 A I don't think so.
6 Q At the time that J/Direct was being
7 developed, did you know that people were trying to
8 develop J/Direct?
9 A It's just a thunk.
10 Q My question is: Did you know that they
11 were trying to develop this thunk?
12 A I doubt it.
13 Q Did you participate at all in any
14 discussions as to what alternatives there were to the
15 development of J/Direct?
16 A Before it was developed?
17 Q Let's start with before it was
18 developed.
19 A No, I don't think so.
20 Q What about during the time it was being
21 developed?
22 A I don't think so.
23 Q How about after it was developed?
24 A I don't think so.
25 MR. HEINER: We should take a break
448 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 soon.
2 MR. BOIES: Okay.
3 MR. HEINER: Okay.
4 THE VIDEOGRAPHER: The time is
5 2:02 P.M. We're going off the record. This is the
6 end of Tape 3 of the videotaped deposition of Bill
7 Gates.
8 (Recess.)
9 THE VIDEOGRAPHER: The time is 2:16.
10 We're going back on the record. This is Tape 4 of
11 the videotaped deposition of Bill Gates on August 28.
12 Q BY MR. BOIES: Let me show you a
13 document that has been previously marked as
14 Government Exhibit 378.
15 (The document referred to was marked as
16 Government Exhibit 378 for identification and is
17 attached hereto.)
18 Q BY MR. BOIES: In the middle of the
19 first page there is a message dated May 14, 1997,
20 from Ben Slivka to you and others.
21 Did you receive this e-mail on or about
22 May 14, 1997?
23 A I'm not sure. But I have no reason to
24 doubt that I did.
25 Q When Mr. Slivka writes as he does in
449 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 the second paragraph, "This summer we're going to
2 totally divorce Sun," do you know what he's referring
3 to?
4 A I'm not sure.
5 Q Did you ever ask him what he was
6 referring to?
7 A No.
8 Q In the next to last -- or in the last
9 sentence, actually, in the last sentence of the
10 second paragraph, Mr. Slivka writes that "JDK 1.2 has
11 JFC." And is the JFC there the Java Foundation
12 Classes that you referred to earlier?
13 A It's one of the many JFCs.
14 Q What is one of the many JFCs?
15 A The one in JDK 1.2.
16 Q Is the JFC in JDK 1.2 part of what was
17 described as a major threat to Microsoft?
18 A I have no idea which JFC that sentence
19 written by somebody other than me referred to.
20 Q Well, the sentence written by somebody
21 other than you was written to you; right, sir?
22 A It was sent to me.
23 Q Yes. And it was sent to you by one of
24 your chief -- one of your top executives; correct,
25 sir?
450 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A In an e-mail.
2 Q Yes.
3 And that's a frequent way that your top
4 executives communicate with you; correct, sir?
5 A Yes.
6 Q Now, Mr. Slivka here says that
7 Microsoft is going to be saying uncomplimentary
8 things about JDK 1.2 at every opportunity.
9 Do you see that?
10 A Where's that?
11 Q That is, "JDK 1.2 has JFC, which we're
12 going to be pissing on at every opportunity."
13 A I don't know if he's referring to
14 pissing on JFC or pissing on JDK 1.2 nor do I know
15 what he specifically means by "pissing on."
16 Q Well, do you know that generally he
17 means by pissing on he's going to be saying and
18 Microsoft is going to be saying uncomplimentary
19 things.
20 A He might mean that we're going to be
21 clear that we're not involved with it, that we think
22 there's a better approach.
23 Q Well, as you understand it, when
24 Mr. Slivka says he's going to be pissing on JDK 1.2,
25 as you seem to interpret it, at every opportunity, do
451 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 you interpret that as meaning that Microsoft is going
2 to be saying uncomplimentary things about JDK 1.2?
3 A I told you I don't know whether pissing
4 applies to JFC or JDK.
5 Q Well, he's going to be pissing on or
6 Microsoft is going to be pissing on either JDK 1.2 or
7 JFC or both according to Mr. Slivka.
8 Is that at least fair?
9 A That's appears to be what the sentence
10 says.
11 Q Yeah. And as the chief executive
12 officer of Microsoft, when you get these kind of
13 e-mails, would it be fair for me to assume that
14 "pissing on" is not some code word that means saying
15 nice things about you, that has the usual meaning
16 that it would in the vernacular?
17 A I don't know what you mean in this kind
18 of e-mail.
19 Q The kind of e-mail that is sent to you
20 by executives in the course of your business,
21 Mr. Gates.
22 A So all e-mails I get? Ben Slivka's not
23 an executive.
24 Q All the e-mails you get from people
25 telling you that they're going to piss on competitive
452 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 products, that's what I'm talking about.
2 A I don't remember mail like that. It
3 looks like I got one. But believe me, it's not a
4 term that's commonly used.
5 Q But you have no reason to think that he
6 means it in any way other than the normal meaning of
7 that term, do you, sir?
8 A I think it's a term of multiple
9 meanings. In this case I think it means what you've
10 suggested it means.
11 Q I thought it did too, and I hope to
12 avoid asking you going through the actual language.
13 And, Mr. Gates, let me show you a
14 document that has been previously marked as
15 Government Exhibit 377.
16 The second e-mail here refers to what
17 is attached as a final copy of the memo that was sent
18 to you for Think Week in November 1995.
19 (The document referred to was marked as
20 Government Exhibit 377 for identification and is
21 attached hereto.)
22 Q BY MR. BOIES: Do you recall receiving
23 this document, sir?
24 A No. What I recall about this document
25 is that it's already been marked as an exhibit and
453 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 that I spoke with Mr. Houck about it yesterday.
2 Q That may be so. My question to you is:
3 Do you recall receiving this -- let me make it
4 simple.
5 Did you receive this memo in or about
6 November of 1995?
7 A As I said before, for my Think Weeks I
8 get about three cardboard boxes of materials that
9 people put together for me. And in looking at this
10 memo, it's not a memo that I had seen before
11 Mr. Houck's deposition questions put to me yesterday.
12 Q So it's your testimony the first time
13 you saw this document was when Mr. Houck showed it to
14 you yesterday?
15 A That's right. It had a different
16 exhibit number then.
17 Q Let me ask you to go to page 5 of the
18 document which bears in the bottom right-hand corner
19 the Microsoft document production number ending 4683.
20 A Okay.
21 Q Do you see the heading "Shell
22 Integration"?
23 A Yes.
24 Q Do you see the second sentence where it
25 says, "We will bind the shell to the Internet
454 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Explorer, so that running any other browser is a
2 jolting experience"?
3 A I see that.
4 Q Do you have any understanding as to
5 what was meant by that?
6 A I can guess.
7 Q Well, first, this is in a memo that is
8 entitled "How to Get 30 percent share in 12 Months";
9 correct?
10 A Let's take a look. Yeah, that's on the
11 first page.
12 Q And is it clear to you that that is
13 referring to getting a 30 percent share of the
14 browser market?
15 A I haven't read the document, but it
16 seems likely that's what it is.
17 Q Okay.
18 Now, do you have an understanding --
19 I'm not asking you to guess. But do you have an
20 understanding as to what is meant by the statement,
21 "We will bind the shell to the Internet Explorer, so
22 that running any other browser is a jolting
23 experience"?
24 A I don't know what he meant by it, but I
25 can tell you what it likely means.
455 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Okay. I take it this is really how you
2 would have interpreted this when you received it; is
3 that fair?
4 A I didn't read it, so --
5 Q I said if you had received it, this is
6 how you would interpret it?
7 A I said I didn't read it. I actually --
8 I would have read the whole memo if I had received
9 it. I wouldn't have turned to that one page and just
10 looked at that one sentence. I would have read the
11 memo from the beginning page by page, and then I
12 probably would have understood it better than I do at
13 this moment.
14 Q If you do not have an understanding of
15 what is meant by it, you can tell me. If you do have
16 an understanding of what is meant by it, I would like
17 to have it.
18 A I don't know what he meant by it, but
19 I'd be glad to guess as to what it might mean.
20 Q I don't want you to guess. But if you
21 as the chief executive officer of Microsoft can tell
22 me how you would, in the ordinary course of your
23 business, interpret this statement, I would like to
24 have you do so.
25 MR. HEINER: Mr. Gates was prepared to
456 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 do that quite a while ago. That was an unnecessary
2 exchange.
3 Go ahead. You may answer.
4 THE WITNESS: He may be referring to
5 the fact that when you get a separate frame coming up
6 on the win -- on the screen, it's different than
7 having something take place in frame. And part of
8 our shell integration strategy going back all the way
9 to 1990 included the idea that as you navigated or
10 browsed through different media types, you didn't
11 have to have another frame come up because that --
12 that's sort of an artifact of having to think about
13 applications instead of objects.
14 And so as he looked at integrating the
15 browser and the shell together, we were going to
16 create a form of navigation optionally but as the
17 default where you don't switch frames as you navigate
18 the links from the shell to what's out on the
19 Internet back to what's in the local store.
20 Q BY MR. BOIES: Did anyone ever tell you
21 independent of this document in words or in substance
22 that Microsoft intended to bind the shell to the
23 Internet Explorer so that running any other browser
24 is a jolting experience?
25 A Well, certainly the idea of integrating
457 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 in a way that made a better browsing experience was
2 something we were talking about quite a bit. Those
3 words, no, I never heard anything along the lines of
4 those words.
5 Q The words that are in this document; is
6 what you're saying?
7 A That's right.
8 Q Okay.
9 Did Microsoft make any effort to
10 discourage Apple from writing in a JDK 1.2?
11 A That never would have come up. Apple
12 is not an application developer.
13 Q Let me -- let me back up.
14 Did Microsoft ever make an effort to
15 get Apple to discourage applications writers for
16 Apple's machines from writing in what you have
17 referred to as Sun's Java or using the Sun Java
18 runtimes?
19 A I'm sure there was discussion with
20 Apple about the fact that their unique operating
21 system capabilities wouldn't show through with the
22 least common denominator pure approach. Whether that
23 related specifically to JDK 1.2 or not, I can't say.
24 Q When you say you're sure there were
25 discussions, are you talking about discussions
458 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 between Microsoft representatives and Apple
2 representatives?
3 A Yes.
4 Q What was Microsoft's interest in having
5 Apple discourage applications writers for Apple's
6 operating system from using Java runtimes or JDK 1.2?
7 A We thought they might share the view
8 that applications showing off unique operating system
9 features was a good thing. But --
10 MR. BOIES: Could I have that answer
11 read back?
12 (Answer read.)
13 Q BY MR. BOIES: Was there any other
14 reason, sir?
15 A No.
16 Q Did you have personally any discussions
17 with Apple with regard to trying to agree with Apple
18 as to the extent to which Apple and Microsoft would
19 compete with respect to Apple's QuickTime software?
20 A No.
21 Q Do you know if anyone from Microsoft
22 had such discussions with anyone at Apple?
23 A I know over a course of years we've
24 talked to them about what their plans are for
25 QuickTime, but that's all.
459 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Does Microsoft have software that
2 competes with QuickTime?
3 A Since QuickTime's a free runtime, you
4 could answer that either "yes" or "no." It's not a
5 revenue source for Apple. But there is an Apple
6 technology that has some common things with some
7 Microsoft technologies.
8 Q Do you believe that QuickTime software
9 competes with any software distributed by Microsoft?
10 MR. HEINER: Objection.
11 THE WITNESS: Depends on what you mean
12 "compete."
13 Q BY MR. BOIES: Using that in the way
14 that you would ordinarily understand it in the
15 operation of your business, sir.
16 A No.
17 Q Did you make any effort or did
18 Microsoft make any effort to get Apple to agree not
19 to market QuickTime in any respect or to limit the
20 marketing of QuickTime in any respect?
21 A There were discussions about whether we
22 could help them with their QuickTime goals at various
23 points in time. And, in fact, they encouraged us to
24 do something where we'd actually by working with them
25 make QuickTime even more popular than it is.
460 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 MR. BOIES: Would you read back my
2 question, please?
3 (Question read.)
4 Q BY MR. BOIES: Can you answer that
5 question, sir?
6 MR. HEINER: Objection.
7 THE WITNESS: I'm not aware of anything
8 that was directly aimed at those things, no.
9 Q BY MR. BOIES: Are you aware of
10 anything that was indirectly aimed at those things?
11 A No.
12 Q Did, to your knowledge, any
13 representative of Microsoft try to convince Apple not
14 to sell or promote QuickTime for uses for which
15 Microsoft promotes the use of NetShow?
16 A There was some discussion about the
17 future development of the runtime code and whether we
18 could work together on the Windows side of that
19 runtime code that would enhance their goal and our
20 goals.
21 Q And was there a discussion in that
22 context about Apple agreeing not to sell or promote
23 QuickTime for uses that Microsoft was promoting
24 NetShow to fulfill?
25 A Not that I'm aware of.
461 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Insofar as you're aware, did Microsoft
2 representatives tell Apple representatives that if
3 Apple would agree not to sell or promote QuickTime
4 for uses for which Microsoft offered NetShow, that
5 Microsoft would help Apple in other areas?
6 A Well, the Quick -- as far as I know,
7 the QuickTime runtime is free. So when you say
8 "sell," I don't -- I'm not sure what you mean there.
9 Q I think I said sell or promote, I
10 certainly meant to. But I will use the word
11 "distribute," if that will help.
12 A I think there was a technical
13 discussion about whether a common runtime was
14 achievable which would have enhanced their QuickTime
15 goals.
16 Q When you say "a common runtime," would
17 you explain what you mean by that?
18 A I mean that the Windows media player
19 runtime would combine technology from them and from
20 us that met all of their goals for QuickTime.
21 Q And so there would be a Windows media
22 player that would be distributed, and Apple would
23 stop distributing QuickTime for purposes for which
24 the Windows media player was distributed; is that
25 what you're saying?
462 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A No. They wouldn't have to stop
2 anything. There would just be a new runtime that
3 might incorporate some of their technology and help
4 them with their QuickTime goals.
5 Q Well, when you say there would be a new
6 program that would incorporate or might incorporate
7 some of their technology, would that result in them
8 stopping the distribution of their existing QuickTime
9 technology?
10 A There's no reason it would need to.
11 Q Was that part of the discussions?
12 A I don't think so. But as I told you, I
13 wasn't part of any of those discussions.
14 Q Were you aware of those discussions
15 while they were going on?
16 A I knew that Apple had a -- had the
17 QuickTime runtime for Windows. And there was always
18 a question of whether we could create a Windows
19 runtime that combined what their goals were there and
20 what they had done well there for the work we were
21 doing. And I know we talked to Apple about whether
22 we could help each other in an effort like that.
23 Q When you talk about helping each other,
24 would that result in a single product that would then
25 be distributed in place of both QuickTime and
463 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 NetShow?
2 A No. People could still distribute
3 their old things. But if you create a new thing
4 that's better, some people might use it.
5 Q Well, was the purpose of creating the
6 new Windows media player that you referred to to
7 obsolete QuickTime?
8 A Whatever functionality QuickTime had
9 previously would be unaffected by any such effort.
10 Q That really wasn't my question,
11 Mr. Gates. Maybe I can state it more clearly.
12 Did Microsoft try to convince Apple to
13 take actions which would have resulted in Apple no
14 longer distributing QuickTime to people to whom
15 Microsoft was distributing NetShow or a successor
16 Microsoft product?
17 A I'm not aware of anything that would
18 have stopped them from distributing the QuickTime
19 they had. But it was possible we could come up with
20 something that would be helpful to both companies in
21 terms of a product that took some of their technology
22 and ours and was better for users.
23 Q Did Microsoft offer to have Apple
24 continue to offer a multimedia player for the Mac
25 platform and to assist Apple in that if Apple would
464 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 agree not to distribute that multimedia player for
2 the Windows platform?
3 A As I said, I don't think there was any
4 discussions about not distributing some old thing,
5 but rather a question that was could something new be
6 created which would be better for both companies.
7 Q Was the idea that once this new thing
8 was created, the old thing that Apple was
9 distributing would no longer be distributed by Apple?
10 A As I said, I don't think that was part
11 of the discussion.
12 Q Have you ever been told anything or
13 have you ever read anything about any contentions
14 that Apple may or may not make concerning these
15 discussions?
16 A No.
17 Q Are you aware of any assertions by
18 Apple representatives that Microsoft representatives
19 tried to get them to agree to divide the market?
20 A No.
21 Q No one's ever told you that; is that
22 your testimony?
23 A That's right.
24 Q And you've never heard that from any
25 source?
465 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A That's right.
2 Q Do I take it from what you said
3 yesterday that if, in fact, Microsoft representatives
4 had attempted to get Apple representatives to
5 participate in a market division, that would be
6 contrary to Microsoft policy?
7 MR. HEINER: Objection.
8 THE WITNESS: That's right.
9 Q BY MR. BOIES: And I take it that if
10 you found out that people had done that contrary to
11 Microsoft's policy, they would be appropriately dealt
12 with?
13 A Yes.
14 Q Are you a regular reader of the Wall
15 Street Journal?
16 A Some days I read the Wall Street
17 Journal.
18 Q Are you aware of a Wall Street Journal
19 article that discusses assertions by Apple concerning
20 alleged efforts by Microsoft to get Apple to agree to
21 divide markets?
22 A No.
23 MR. HEINER: Mr. Boies?
24 MR. BOIES: Yes.
25 MR. HEINER: Is the antitrust division
466 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 contemplating filing an amended complaint in this
2 action?
3 MR. BOIES: No.
4 MR. HEINER: Are these questions being
5 asked pursuant to the complaint that was filed in
6 this action?
7 MR. BOIES: Yes.
8 MR. HEINER: I think they're outside
9 the scope of that complaint.
10 MR. BOIES: I do not. I think that the
11 pattern of Microsoft in terms of attempts to divide
12 markets and the effect of those attempts on
13 Microsoft's monopoly power and the evidence of
14 Microsoft's monopoly power that comes out of those
15 attempts are all directly relevant to the case.
16 MR. HEINER: You could plead a
17 complaint like that. You haven't yet.
18 MR. BOIES: I think that complaint is
19 clearly so pled. I think this is clearly within the
20 scope of the complaint.
21 MR. HEINER: Let me ask you a different
22 question.
23 Have you prioritized your questions
24 today so that you've asked the ones that are most
25 important to you?
467 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 MR. BOIES: I think that I'm going
2 through the examination in a logical way. It has not
3 been possible to prioritize things completely without
4 simply jumping from topic to topic because of the
5 length of time that it has taken to deal with certain
6 topics. But I do think that the pattern and practice
7 of attempts of market division is a matter of
8 priority.
9 MR. HEINER: I won't cut off the
10 questioning. But note the objection.
11 Q BY MR. BOIES: Let me ask you to go to
12 a different issue of market division or alleged
13 market division. But before I do, let me just refer
14 you to a Wall Street Journal article of July 23,
15 1998, entitled "U.S. Probing Microsoft's Multimedia
16 Role."
17 Does that refresh your recollection as
18 to whether you ever saw a -- a Wall Street Journal
19 article about alleged market division attempts
20 between Microsoft and Apple?
21 MR. HEINER: Do you want to show us the
22 article?
23 MR. BOIES: I have no objection to
24 showing it. And I have no objection to marking it.
25 MR. HEINER: I don't care if it's
468 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 marked or not.
2 MR. BOIES: My purpose is just to try
3 to refresh his recollection, to see whether he
4 recalls having ever seen this.
5 THE WITNESS: No.
6 MR. BOIES: Okay.
7 Q In that case, let me show you a
8 document marked as Government Exhibit 375.
9 The second item on the first page is an e-mail
10 message from you to Jim Allchin and others dated
11 October 12, 1997.
12 (The document referred to was marked as
13 Government Exhibit 375 for identification and is
14 attached hereto.)
15 Q BY MR. BOIES: Did you send this e-mail
16 October 12, 1997?
17 A I don't remember it. But I have no
18 reason to doubt that I did.
19 Q In the first paragraph you say,
20 quote,
21 "I have a critical meeting
22 with Intel a week from Wednesday. I
23 want to convince them that they need
24 to stay away from Oracle NCs and work
25 more closely with Microsoft," close
469 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 quote.
2 Do you see that?
3 A Uh-huh.
4 Q Did you have that meeting?
5 A I had a meeting.
6 Q Do you recall having that meeting?
7 A I don't know what you mean "that
8 meeting."
9 Q You say, "I have a critical meeting
10 with Intel a week from Wednesday." Did you have that
11 meeting?
12 A I feel sure I had a meeting with Intel
13 after this piece of e-mail was sent.
14 Q In October of 1997?
15 A Could have been November. You'd have
16 to -- let's see. No. October.
17 Q Let me ask you to look at the last
18 paragraph under the heading "Sun byte codes are bad
19 for them." And you say, quote,
20 "I want them to understand
21 that helping NCs and JAVA will push
22 us to do Windows and other software
23 in SUN byte codes even if we don't
24 rewrite them in JAVA," close quote.
25 Do you see that?
470 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A Uh-huh.
2 Q When you say "I want them to
3 understand," are you referring to Intel?
4 A I think so.
5 Q Did Microsoft make any effort to
6 convince Intel not to help Sun and Java?
7 A Not that I know of.
8 Q Did you or anyone at Microsoft attempt
9 to convince Intel not to engage in any software
10 activity?
11 MR. HEINER: Objection.
12 THE WITNESS: No.
13 Q BY MR. BOIES: Did you or, to your
14 knowledge, anyone at Microsoft try to convince Intel
15 that it should not engage in any software activity
16 unless Microsoft was involved in that activity?
17 A I'm sure we pointed out sometimes how
18 sometimes a lack of communications between the two
19 companies on various subjects including software
20 development led to unfortunate unreliability and
21 mismatch which led to bad customer experiences.
22 Q And what did that lead you to ask Intel
23 to do?
24 A Oh, in general, to see if we couldn't
25 do a better job communicating with each other so that
471 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 people would have better experiences using the PC.
2 Q Did you tell or did anyone, insofar as
3 you are aware, from Microsoft tell Intel
4 representatives that you did not want Intel's
5 software engineers interfering with Microsoft's
6 existing domination of the software side of the PC
7 industry?
8 A No.
9 Q Are you aware of an Intel operation
10 referred to as the Intel architecture labs?
11 A Yes.
12 Q Did you tell Intel chief executive
13 officer Andy Grove that you believed that Intel
14 should shut down its Intel architecture labs?
15 A No.
16 Q What did you understand the Intel
17 architecture labs to be doing?
18 A I can't claim to have a lot of
19 expertise on the broad set of things the Intel
20 architecture labs was doing.
21 Q What did you know the Intel
22 architecture labs was doing?
23 A Well, they were doing some plumbing
24 software to try to get some things to run on Windows
25 3.1 at one point. That's one thing I know they were
472 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 doing. But in terms of their breadth of activities,
2 I'm -- the most of it I wouldn't have any familiarity
3 with.
4 Q Did you believe that there was anything
5 about what Intel was doing in the Intel architecture
6 labs that was inconsistent with Microsoft's
7 interests?
8 A Well, the fact that their software
9 didn't run with Windows 95 and would break if the
10 user wanted to move up to Windows 95 was a subject of
11 concern and discussion for us related to an overall
12 set of projects that were sometimes called NSP,
13 although that term had many meanings.
14 Q What does NSP stand for?
15 A Sometimes it means native signal
16 processing.
17 Q And how did what the Intel architecture
18 labs was doing relate to NSP?
19 A That was the plumbing.
20 Q For NSP?
21 A I believe so.
22 Q Did you tell Intel CEO, Mr. Grove, that
23 you believed that what Intel was doing in the Intel
24 architecture labs was contrary to Microsoft's
25 interests?
473 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 A In a broad sense, no. In terms of some
2 specific things that broke software for users I did
3 evidence that concern.
4 Q And you did so personally?
5 A Personally and inpersonally.
6 Q Did you ask Mr. Grove to cancel the
7 Intel architecture labs' work?
8 A No.
9 Q Did you or, insofar as you're aware,
10 anyone else at Microsoft tell people at Intel that
11 they should leave the software side of the PC
12 business entirely to Microsoft?
13 A We were having a hard time coordinating
14 our work with Intel, and we thought the quality of
15 some of their work was very low as well as not
16 working with any of our new Windows work. We may
17 have suggested at some point that the net
18 contribution of their software activities could even
19 be viewed to be negative.
20 Q Did you or insofar as you are aware or
21 anyone else at Microsoft tell representatives of
22 Intel that their software activities were
23 inconsistent with cooperation between Intel and
24 Microsoft?
25 A The specific work they did that
474 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 completely broke our work I'm sure I indicated I
2 didn't think that was a good idea for either company.
3 Q Other than the specific software that
4 would not work on Windows 95 that Intel was working
5 on, did you or, insofar as you are aware, anyone else
6 at Microsoft tell Intel representatives that the
7 software work that Intel was doing was inconsistent
8 with cooperation between Intel and Microsoft?
9 A Well, there's some other things that
10 they did that created incompatibilities.
11 Q Incompatibilities between what and
12 what?
13 A Between their software and Windows,
14 that was intended to run on Windows, that created
15 incompatibilities.
16 Q And did you tell them that that
17 software also was not consistent with cooperation
18 between Microsoft and Intel?
19 A I doubt I used those words. I
20 suggested that it wasn't helpful to any of their
21 goals or our goals to have software that had
22 incompatibilities and was low quality and broke.
23 Q Did you tell Intel representatives or
24 did, insofar as you're aware, any Microsoft employee
25 tell Intel representatives that you were concerned
475 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 about Intel support for Netscape?
2 A I don't remember that.
3 Q Do you remember telling Intel
4 representatives that you were concerned that Intel
5 support for Netscape could allow Netscape to grow
6 into a de facto standard?
7 A No.
8 Q Did you tell representatives of Intel
9 that you were concerned that Intel's use of Netscape
10 could set up a positive feedback loop for Netscape
11 that would allow it to grow into a de facto standard?
12 A What do you mean Intel's use of
13 Netscape?
14 Q I'm asking whether you told this to
15 Intel. If you didn't --
16 A Given that I don't know what you mean
17 by Intel use of Netscape, if you're not going to
18 clarify what you mean by that --
19 Q All I'm asking is whether you told them
20 something, Mr. Gates. And if you tell me, "I didn't
21 tell them that. Not only would I not tell them that
22 because I don't understand what it could be," that's
23 an answer.
24 But what I'm asking you is whether you
25 told them that in words or in substance. And if you
476 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 didn't, you didn't. Or if you say you didn't, you
2 say you didn't. But all I want to do is get your
3 answer.
4 MR. HEINER: And the witness's plea for
5 clarification of the question is that when you add
6 the "in substance" part, then you would need to
7 define the terms.
8 MR. BOIES: Well, let me try to
9 approach it this way. I wouldn't have thought the
10 term used is quite so ambiguous.
11 Q But, Mr. Gates, did you tell
12 representatives of Intel that Intel using Netscape in
13 a Windows environment would not be a problem so long
14 as Intel did not assist in setting up a positive
15 feedback loop for Netscape that allowed it to grow
16 into a de facto standard? Did you say that or write
17 that or communicate that, those words or words that
18 you recognize to mean the same thing?
19 MR. HEINER: Objection.
20 THE WITNESS: I'm still confused about
21 what you mean Intel's using something. Are you
22 talking about like in their internal IT systems?
23 What's this about?
24 Q BY MR. BOIES: Mr. Gates, either you
25 told that to Netscape or you didn't. If you tell me
477 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 you didn't tell that to Netscape, I'll go on to the
2 next question.
3 A I did not.
4 Q Okay.
5 MR. HEINER: Let's get one point clear.
6 When the witness has some confusion on a question,
7 should he or should he not bring that to your
8 attention?
9 MR. BOIES: I think the witness should
10 tell me that "I don't understand your question."
11 MR. HEINER: That's what he did, and
12 you seemed annoyed.
13 MR. BOIES: I don't think I seemed
14 annoyed. I think that there is, perhaps, given the
15 amount of time that we've spent on defining words
16 that I think have ordinary and clear meanings, I may
17 be anxious to move that along as much as possible.
18 But if the witness simply says "I don't understand
19 the question," I will rephrase it. There may be
20 times when I do become a little annoyed when the
21 witness instead of doing that decides to rephrase the
22 question and answer an entirely different question
23 from the one I've asked. But if the witness simply
24 says --
25 MR. HEINER: Which is what just
478 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 happened.
2 MR. BOIES: I don't want to debate it
3 with you, the record will show what happened. But if
4 the witness simply says in response to a question "I
5 don't understand that question," I'll take that for
6 an answer and I'll rephrase it.
7 Q Did you, Mr. Gates, personally ever
8 express concern to Mr. Grove that Intel's software
9 work was beginning to overlap with Microsoft's
10 software work?
11 A Only in the sense that the low quality
12 and incompatibilities were inconsistent with any
13 goals that Intel might have had in doing that work.
14 Q Why was that a concern?
15 A Because Intel was wasting its money by
16 writing low quality software that created
17 incompatibilities for users, and those negative
18 experiences weren't helpful for any goal that Intel
19 had.
20 Q Were they harmful to any goal that
21 Microsoft had?
22 A Only in the sense of hurting PC
23 popularity by creating negative user experiences.
24 Q Is it your testimony that your only
25 concern with what Intel was doing in the software
479 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 area was a concern to avoid negative user
2 experiences?
3 A That's right. Low quality and
4 incompatibilities.
5 Q Which, according to you, would lead to
6 negative user experiences; correct?
7 A That's right.
8 Q Did you or, insofar as you are aware,
9 anybody at Microsoft ever tell Intel representatives
10 in words or in substance that they should stick to
11 hardware and leave the software to Microsoft?
12 MR. HEINER: Objection.
13 THE WITNESS: I'm sure there were times
14 when we were frustrated about the quality and
15 incompatibility problems created about their software
16 where someone might have expressed that sentiment in
17 an extreme feeling about how tough it had been for
18 Intel to do quality work that would have advanced any
19 Intel goal.
20 Q BY MR. BOIES: Were you aware of any
21 work that Intel was doing relating to Internet
22 software development?
23 A I can't think of any.
24 Q Did you ever express any concern to
25 anyone at Intel, or to your knowledge, did anyone at
480 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Microsoft ever express any concern to anyone at Intel
2 concerning Intel's Internet software work, if any?
3 A I don't think Intel ever did any
4 Internet software work.
5 Q And if they did, I take it it's your
6 testimony no one ever told you about it?
7 A That's right.
8 Q Did you or, to your knowledge, anyone
9 at Microsoft express concern to Intel about the
10 success of Java or what you have referred to in this
11 deposition as Java runtimes?
12 A From time to time we'd have general
13 discussions with Intel about things going on in the
14 industry. And I'm sure our views of the Java runtime
15 competition may have come up in some of those
16 discussions.
17 MR. BOIES: Could I have the question
18 and answer read back please?
19 (The following record was read:
20 "Q Did you or, to your
21 knowledge, anyone at Microsoft
22 express concern to Intel about the
23 success of Java or what you have
24 referred to in this deposition as
25 Java runtimes?
481 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 "A From time to time we'd
2 have general discussions with Intel
3 about things going on in the
4 industry. And I'm sure our views of
5 the Java runtime competition may have
6 come up in some of those
7 discussions.")
8 Q BY MR. BOIES: In those discussions,
9 did you or others from Microsoft express concern
10 about Java and Java runtime's popularity to Intel
11 representatives?
12 A I think it's likely in those general
13 discussions. We talked about some of the
14 opportunities and competitive things going on
15 including our view of what was going on in Java
16 runtime.
17 Q Did you tell representatives of Intel
18 or, to your knowledge, anyone from Microsoft tell
19 representatives of Intel that in Microsoft's opinion
20 the wide distribution of Java and Java runtimes were
21 incompatible with interests of both Intel and
22 Microsoft?
23 A Actually, there -- there's one aspect
24 of Java that could have an effect on Intel and would
25 have no effect on Microsoft. So it's completely
482 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 orthogonal. And I pointed out to them what that was.
2 And so I did think there was one thing they ought to
3 think about in terms of where the world of software
4 development was going. But it wasn't an issue that
5 related to Microsoft.
6 Q Irrespective of what you said about
7 that particular issue, did you or others from
8 Microsoft tell Intel in words or in substance that is
9 as a general matter, a general conclusion, the
10 popularity of Java and Java runtimes was not in your
11 joint interest? And joint interest, I mean Microsoft
12 and Intel.
13 A No. There was nothing about it that
14 related to any joint interest. There was one thing
15 about it that related to some of Intel's interests
16 and there were other things about it that related to
17 some of Microsoft's interests. But there's no
18 overlap between those two.
19 Q Let me put the question this way: Did
20 you or, to your knowledge, others from Microsoft tell
21 Intel that for whatever reasons you believed that the
22 widespread distribution of Java and Java runtimes was
23 inconsistent with both interests of Intel and
24 interests of Microsoft?
25 A Well, it's like you're trying to
483 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 rephrase what I said in a more inaccurate way. I
2 told you there's an aspect of it that I thought they
3 should think about that related to them only, that's
4 the byte code piece. And then there's an aspect of
5 it that relates to us only. So there's no end there,
6 there's just a piece that might have been of interest
7 to them that I articulated, and then there's the part
8 that relates strictly to us.
9 Q Let me take it in two pieces. Did you
10 tell Intel representatives that you believed that
11 there were reasons why the widespread distribution of
12 Java and Java runtimes were not in Intel's interests?
13 A Not in that general sense. I pointed
14 out the very specific aspect of it, the byte code
15 aspect, that I thought they ought to think about that
16 had no effect on us.
17 Q Did you tell Intel representatives that
18 there were things about the wide distribution of Java
19 and Java runtimes that Microsoft believed was not in
20 Microsoft's interest?
21 A It's likely that in the general
22 discussion the notion of some of the new competitive
23 activities including the Java runtime issues would
24 have come up in some discussions with Intel but
25 not -- not related to anything they were doing.
484 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Did you ask Intel to keep you apprised
2 of what software work Intel was doing?
3 A I think I made that request in vein on
4 several occasions, nothing ever came of it.
5 Q Is it your testimony that they refused
6 to keep you apprised of the software work they were
7 doing?
8 A No. I just said to them that if they
9 would -- whatever software work they were doing that
10 was intended to help Windows, they should talk to us
11 about it early on if they wanted to have the highest
12 probability that it would, in fact, achieve that
13 goal.
14 And unfortunately, we never achieved
15 that result; that is, they would do things related to
16 Windows that without talking to us in advance, and
17 then once they had done the work, there would be some
18 incompatibilities between what they had done and
19 Windows itself.
20 Q When is the last time that you asked
21 Intel to keep you apprised of what software work they
22 were doing?
23 A I'm not sure.
24 Q Approximately when?
25 A I don't know.
485 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Was it within the last year?
2 A I don't know.
3 Q Was it within the last two years?
4 A I honestly don't know.
5 Q Was it within the last three years?
6 A There's probably one instance where I
7 asked them to tell us about things they were doing
8 related to Windows.
9 Q Did you or others, to your knowledge,
10 from Microsoft tell Intel that if Intel began to
11 compete with Microsoft, Microsoft would be forced to
12 begin to compete with Intel?
13 A No.
14 Q Not at all, sir; never said that in
15 words or in substance?
16 A No.
17 Q To your knowledge did anyone else from
18 Microsoft ever say that?
19 A I'm not aware of anybody saying that.
20 Q If anybody had said that, would you
21 consider that to be inconsistent with company policy?
22 MR. HEINER: Objection.
23 THE WITNESS: I'm confused. Intel and
24 Microsoft are not in the same businesses, so there's
25 no policy about one of our people suggesting that
486 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 we're going to go into the chip business.
2 Q BY MR. BOIES: Was it part of what you
3 wanted to accomplish, Mr. Gates, to be to keep Intel
4 and Microsoft in separate businesses?
5 A No.
6 Q Did you ever take any action intended
7 to accomplish that?
8 A No.
9 Q Did you or, to your knowledge, anyone
10 from Microsoft ever tell people at Intel that
11 Microsoft would hold up support for Intel's
12 microprocessors if Intel didn't cooperate with
13 Microsoft in areas that Microsoft wanted Intel's
14 cooperation in?
15 A When we saw Intel doing the low quality
16 work that was creating incompatibilities in Windows
17 that served absolutely no Intel goal, we suggested to
18 Intel that that should change. And it became
19 frustrating to us because it was a long period of
20 time where they kept doing work that we thought,
21 although it was intended to be positive in the
22 Windows environment, it was actually negative. And
23 we did point out the irony of how while we seemed to
24 communicate with them on microprocessor issues and
25 yet they seemed on the areas where they were trying
487 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 to enhance Windows that the communication worked very
2 poorly.
3 Q Did you or others on behalf of
4 Microsoft tell Intel that Microsoft would hold up
5 support for Intel's microprocessors if Intel did not
6 cooperate with Microsoft?
7 A No.
8 Q No one ever told Intel that, to your
9 knowledge?
10 A That's right.
11 Q Let me see if I can refresh your
12 recollection.
13 Did you or anyone from Microsoft ever
14 tell Intel representatives that Microsoft would hold
15 up support for Intel's microprocessors if Intel
16 didn't cooperate with Microsoft on the Internet?
17 A No.
18 Q Did you or anyone from Microsoft ever
19 tell representatives of Intel that Intel would not
20 cooperate -- that if Intel would not cooperate with
21 Microsoft on communications programs, Microsoft would
22 hold up support for Intel's microprocessors?
23 A No.
24 Q Did you or to your knowledge anyone
25 from Microsoft ever tell Intel that you wanted Intel
488 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 to reduce its support of Netscape?
2 MR. HEINER: Objection.
3 THE WITNESS: It's very likely that our
4 sales force that calls on Intel as a software
5 customer talked to them about their web site and
6 their browsers. And they may have tried to convince
7 them to use our browser in terms of their internal
8 efforts. It's kind of a knit, but I think it's
9 possible.
10 Q Did you, Mr. Gates, ever yourself try
11 to get Intel to reduce its support of Netscape?
12 A I'm not aware of any work that Intel
13 did in supporting Netscape. They may have used their
14 browser internally or one of their server things, but
15 that's -- that's not really support. So I'm not sure
16 of any support they were giving to Netscape.
17 Q You may mean that to answer my
18 question, but I want to be clear.
19 It is your testimony that you're not
20 aware of any instance where you asked anybody at
21 Intel to reduce the support that Intel was providing
22 to Netscape; is that your testimony?
23 A No. I may have asked -- I may -- and I
24 don't remember it -- but I may have talked to them
25 about their internal browser use. I don't think so,
489 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 but I may have. And I may have talked to them about
2 their web servers and what they were using, but I
3 don't think so.
4 MR. HEINER: We would like to take one
5 last break here at some point, and we'll go through
6 until 4:00.
7 MR. BOIES: Okay.
8 MR. HEINER: Okay.
9 THE VIDEOGRAPHER: The time is 3:26.
10 We're going off the record.
11 (Recess.)
12 THE VIDEOGRAPHER: The time is 3:36.
13 We're going back on the record.
14 Q BY MR. BOIES: Mr. Gates, you're
15 familiar with a company called RealNetworks, are you
16 not?
17 A Yes.
18 Q Did you ever have any discussions with
19 any representative of RealNetworks concerning what
20 products RealNetworks should or should not offer or
21 distribute?
22 A No.
23 Q Microsoft signed two contracts with
24 RealNetworks, did it not, sir?
25 A I have no idea. I thought it was one.
490 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q RealNetworks was previously called
2 Progressive Networks; correct, sir?
3 A Right.
4 Q In the contract or contracts, if there
5 was more than one, between Microsoft and
6 RealNetworks, was there any restriction on what
7 services RealNetworks could provide to competitors of
8 Microsoft?
9 A I've never looked at those contracts.
10 Q Did you participate at all in those
11 contracts either the negotiation of those contracts
12 or discussions concerning those contracts prior to
13 the time they were entered into?
14 A I knew that Muglia and Maritz were
15 talking with Progressive about some kind of deal, but
16 I didn't know what was in the deal.
17 Q Did you know anything about what was in
18 the deal?
19 A I knew there was an investment piece.
20 I knew there was some code licensing in it. That's
21 about all.
22 Q At the time that Microsoft was
23 negotiating the contract or contracts with
24 RealNetworks -- and I'll refer to it as RealNetworks
25 even though at the time it was referred to as
491 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Progressive Networks -- did you consider that company
2 to be a competitor of Microsoft?
3 A Not -- I think I was confused about
4 what RealNetworks -- what their plans were, and I
5 wasn't sure if they were a competitor or not.
6 Q Was there a time when you did become
7 convinced that they were a competitor?
8 A Yes.
9 Q When was that?
10 A When Rob Glaser appeared in Washington,
11 D.C.
12 Q To testify before a Congressional
13 committee?
14 A Senate, yes.
15 Q What led you to conclude from
16 Mr. Glaser's testimony that RealNetworks was a
17 competitor of Microsoft?
18 A It was nothing in his testimony.
19 Q Why did you become convinced at the
20 time of his testimony that RealNetworks was a
21 competitor of Microsoft?
22 A Well, because he went out of his way to
23 lie about us, I sort of thought, "Hum, he must be a
24 competitor."
25 Q When you say he went out of his way to
492 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 lie about you, when was that?
2 A That was at the press interview
3 surrounding the testimony -- maybe the testimony
4 itself, I'm not sure. I've never seen a transcript.
5 Q Did you ever personally have a
6 conversation with Mr. Glaser about his business?
7 A A long, long time ago when Rob was just
8 getting started I think there was one meeting that I
9 had with Rob. I haven't met with him since then.
10 Q Was that meeting before or after the
11 contract between RealNetworks and Microsoft that you
12 say that you know about?
13 A If you mean the contract where we
14 invested in Progressive, it was years before it and
15 not at all related to it.
16 Q When was the contract in which you
17 invested in Progressive Networks or RealNetworks?
18 A I'm not sure. I'd guess it's about a
19 year ago.
20 Q Did you have a conversation with
21 Mr. Glaser a few days after that agreement was
22 signed?
23 A Now that you ask me that, maybe I did.
24 Maybe I did. I think we may have had a short
25 meeting.
493 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q And did you in that meeting tell
2 Mr. Glaser in words or in substance how you thought
3 he should limit his business?
4 A Absolutely not.
5 Q Not in any way, sir?
6 A Not in any way.
7 Q Did you tell him he ought to get out of
8 the base streaming media platform business?
9 A No.
10 Q Did anyone ever tell you that
11 Mr. Glaser had said he would get out of the base
12 streaming media platform business?
13 A No.
14 Q Did Mr. Maritz ever tell you that
15 Mr. Glaser's stated plan was that he would get out of
16 the base streaming media platform business?
17 A As far as I know, we didn't know what
18 Rob's plans were.
19 Q Did you ever try to find out what those
20 plans were, sir?
21 A No.
22 Q Were those plans important to you?
23 A To me personally? No.
24 Q Were they important to Microsoft?
25 A On a relative basis, I'd say no.
494 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Q Well, I suppose on a relative basis a
2 business as big as Microsoft, I don't know what would
3 be important, but --
4 A I can tell you.
5 Q -- but on a non-relative basis?
6 A I can tell --
7 Q Yes. Tell me what would be important
8 to Microsoft on a relative basis.
9 A Improvements in Windows, improvements
10 in Office, breakthroughs in research, breakthroughs
11 in Back Office.
12 Q How about browsers? On a relative
13 basis would that be important -- was that important
14 to Microsoft?
15 A To the degree it relates to Windows,
16 yes.
17 Q What about Java or Java runtime? Was
18 that on a relative basis important to Microsoft?
19 A To the degree it related to Windows,
20 yes.
21 Q Let me ask you to look at a document
22 that we have marked Government Exhibit 379. This
23 purports to be an e-mail from Paul Maritz. You are
24 not shown on this as receiving a copy. The portion
25 I'm particularly interested in is the last full
495 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 paragraph that says, quote,
2 "Rob's stated plan is that
3 he will get out of the base streaming
4 media platform business, and focus on
5 higher level solutions, hosting, and
6 content aggregation, and says that
7 his goal is now to get us to get his
8 base technology as widespread as
9 possible," close quote.
10 Do you see that?
11 A Uh-huh.
12 (The document referred to was marked as
13 Government Exhibit 379 for identification and is
14 attached hereto.)
15 Q BY MR. BOIES: Did anyone ever tell
16 you, as Mr. Maritz writes here, that Mr. Glaser had
17 said that his stated plan was that he would get out
18 of the base streaming media platform business?
19 A No.
20 Q Did you or, to your knowledge, anyone
21 from Microsoft ever tell Mr. Glaser that he should
22 get out of the base streaming media platform
23 business?
24 A No.
25 Q Okay.
496 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 You are aware, are you not, sir, that
2 one of the issues in this case is the extent to which
3 operating systems and browsers are or are not
4 separate products?
5 MR. HEINER: Objection.
6 Mischaracterizes the allegations of the complaint, I
7 believe.
8 MR. BOIES: Well, if the witness tells
9 me that he doesn't think that's an issue in the case,
10 he can so tell me.
11 THE WITNESS: I'm not a lawyer, so I
12 think it's very strange for me to opine on what's an
13 issue in the case. As far as I know, the issues in
14 the case are not -- are something that you decide,
15 and I don't claim to have any expertise at all.
16 Q BY MR. BOIES: And if you don't know,
17 that's okay. But one of the things that I want to
18 understand from you is whether your understanding,
19 which is important to my next line of questions, is
20 that the issue of whether or not browsers are or are
21 not a separate product from the operating system is
22 in this case.
23 MR. HEINER: Objection. What operating
24 system? What browsers? You referred to "the
25 operating system."
497 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 MR. BOIES: You want me to stop. All
2 right. I --
3 MR. HEINER: No. I want you to ask the
4 question but with specific specificity.
5 MR. BOIES: I've asked the question.
6 If he says he doesn't understand this question,
7 again, we put it down and then it's there for people
8 to look at later.
9 MR. HEINER: That's fine. You can do
10 that. And I, as his counsel, can pose an objection.
11 MR. BOIES: Yeah. But you can't pose
12 questions to me particularly when you're trying to
13 get the witness out at 4:00.
14 MR. HEINER: I can.
15 MR. BOIES: Not questions to me.
16 Q Mr. Gates -- you can put in an
17 objection, I'm not trying to keep you from putting in
18 an objection.
19 Mr. Gates, do you understand that the
20 issue of whether or not browsers are a separate
21 product or are not a separate product from the
22 operating system is an issue in this case?
23 A I don't consider myself someone who
24 could say if that's an issue in this case or not.
25 Q Have you participated in any way in
498 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 trying to get Microsoft personnel to use language
2 that would suggest that browsers and operating
3 systems are not separate products?
4 A I have no idea what you mean by that.
5 Q Well, have you seen e-mails that urge
6 people within Microsoft not to talk about browsers as
7 if they were separate from the operating system?
8 A I don't recall seeing any such e-mail.
9 Q Are you aware of any anybody within
10 Microsoft who has asserted, either in an e-mail or
11 otherwise, that people ought to not talk about
12 browsers as if they were separate from the operating
13 system?
14 A I don't remember any such e-mail.
15 Q Has Microsoft tried to get companies to
16 agree to statements that Internet Explorer comprises
17 part of the operating system of Windows 95 and
18 Windows 98?
19 A I know it's a true statement, but I'm
20 not aware of us doing anything to try to get anyone
21 else to endorse the statement.
22 Q You're not aware of any effort by
23 Microsoft to get non-Microsoft companies to endorse
24 the statement that Internet Explorer comprises part
25 of the operating system of Windows; is that what
499 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 you're saying?
2 A I'm not aware of such efforts.
3 Q Do you know whether Microsoft has made
4 any efforts to include language like that in any of
5 its license agreements?
6 A No, I don't.
7 Q Do you know why Microsoft might do
8 that?
9 MR. HEINER: Objection.
10 THE WITNESS: I'm not sure.
11 Q BY MR. BOIES: Do you recognize that
12 OEMs have a need to acquire the Windows operating
13 system that Microsoft licenses?
14 A What do you mean by OEM? Is it a
15 tautology because of the way you're defining it?
16 Q Well, if you take IBM and Compaq and
17 Dell, Gateway and some other companies, those are
18 commonly referred to as OEMs or PC manufacturers;
19 correct, sir?
20 A No. The term "OEM" would be quite a
21 bit broader than that. OEMs used means original
22 equipment manufacturer.
23 Q I see.
24 And does OEM have a specialized meaning
25 in your business to refer to people that supply
500 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 personal computers?
2 A No. It usually means our licensees.
3 Q And do your licensees, in part, supply
4 personal computers, sir?
5 A Some of our licensees.
6 Q The licensees to whom you license
7 Windows are suppliers of personal computers, are they
8 not, sir?
9 A If you exclude Windows CE and depending
10 on how you talk about workstations and servers.
11 Q So that if we can get on common ground,
12 the licensees for Windows 95 and Windows 98 would be
13 companies that you would recognize as personal
14 computer manufacturers; is that correct?
15 A Yeah. Almost all the licensees of
16 Windows 95 and Windows 98 are personal computer
17 manufacturers. Some are not, but the overwhelming
18 majority are.
19 Confidential Material Redacted
20 Confidential Material Redacted
21 Confidential Material Redacted
22 Confidential Material Redacted
23 Confidential Material Redacted
24 Confidential Material Redacted
25 Confidential Material Redacted
501 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Confidential Material Redacted
2 Confidential Material Redacted
3 Confidential Material Redacted
4 Confidential Material Redacted
5 Confidential Material Redacted
6 Confidential Material Redacted
7 Confidential Material Redacted
8 Confidential Material Redacted
9 Confidential Material Redacted
10 Confidential Material Redacted
11 Confidential Material Redacted
12 Confidential Material Redacted
13 Confidential Material Redacted
14 Confidential Material Redacted
15 Confidential Material Redacted
16 Confidential Material Redacted
17 Confidential Material Redacted
18 Confidential Material Redacted
19 Confidential Material Redacted
20 Confidential Material Redacted
21 Confidential Material Redacted
22 Confidential Material Redacted
23 Confidential Material Redacted
24 Confidential Material Redacted
25 Confidential Material Redacted
502 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Confidential Material Redacted
2 Confidential Material Redacted
3 Confidential Material Redacted
4 Confidential Material Redacted
5 Confidential Material Redacted
6 Confidential Material Redacted
7 Confidential Material Redacted
8 Confidential Material Redacted
9 Confidential Material Redacted
10 Confidential Material Redacted
11 Confidential Material Redacted
12 Confidential Material Redacted
13 Confidential Material Redacted
14 Confidential Material Redacted
15 Confidential Material Redacted
16 Confidential Material Redacted
17 Confidential Material Redacted
18 Confidential Material Redacted
19 Confidential Material Redacted
20 Confidential Material Redacted
21 Confidential Material Redacted
22 Confidential Material Redacted
23 Confidential Material Redacted
24 Confidential Material Redacted
25 Confidential Material Redacted
503 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Confidential Material Redacted
2 Confidential Material Redacted
3 Confidential Material Redacted
4 Confidential Material Redacted
5 Confidential Material Redacted
6 Confidential Material Redacted
7 Confidential Material Redacted
8 Confidential Material Redacted
9 Confidential Material Redacted
10 Confidential Material Redacted
11 Confidential Material Redacted
12 Confidential Material Redacted
13 Confidential Material Redacted
14 Confidential Material Redacted
15 Confidential Material Redacted
16 Confidential Material Redacted
17 Confidential Material Redacted
18 Confidential Material Redacted
19 Confidential Material Redacted
20 Confidential Material Redacted
21 Confidential Material Redacted
22 Confidential Material Redacted
23 Confidential Material Redacted
24 Confidential Material Redacted
25 Confidential Material Redacted
504 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 Confidential Material Redacted
2 Confidential Material Redacted
3 Confidential Material Redacted
4 Confidential Material Redacted
5 Confidential Material Redacted
6 Confidential Material Redacted
7 Confidential Material Redacted
8 Confidential Material Redacted
9 Confidential Material Redacted
10 Confidential Material Redacted
11 Confidential Material Redacted
12 Confidential Material Redacted
13 Confidential Material Redacted
14 Confidential Material Redacted
15 Confidential Material Redacted
16 Confidential Material Redacted
17 Confidential Material Redacted
18 Confidential Material Redacted
19 MR. HEINER: Okay. We'll step out and
20 then come back in and talk about next steps.
21 MR. BOIES: Okay.
22 THE VIDEOGRAPHER: Okay. The time is
23 4:03 P.M. We're going off the record.
24
25 * * *
505 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1
2 I hereby declare, under penalty of
3 perjury, that the foregoing answers are true and
4 correct to the best of my knowledge and belief.
5 EXECUTED AT _________________, WASHINGTON,
6 this ______day of _________________, 1998.
7
8
_________________________
9 William Gates
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
506 BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900





1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF LOS ANGELES )
3
4 I, Katherine Gale, CSR 9793, a Certified
5 Shorthand Reporter in and for the State of
6 California, do hereby certify:
7 That prior to being examined, the witness named
8 in the foregoing deposition was by me duly sworn to
9 testify the truth, the whole truth, and nothing but
10 the truth;
11 That said deposition was taken before me at the
12 time and place named therein and was thereafter
13 reduced to typewriting under my supervision; that
14 this transcript is a true record of the testimony
15 given by the witness and contains a full, true and
16 correct report of the proceedings which took place at
17 the time and place set forth in the caption hereto as
18 shown by my original stenographic notes.
19 I further certify that I have no
20 interest in the event of the action.
21 EXECUTED this 30th day of August, 1998.
22
23
____________________________
24 Katherine Gale, CSR #9793
25
507
BARNEY, UNGERMANN & ASSOCIATES 1-888-326-5900




Released Pursuant to 15 U.S.C. §30

[Cartoon] Internal EPO Caricature About the Direction the Office Has Taken

Posted in Europe, Humour, Patents at 5:25 am by Dr. Roy Schestowitz

The malicious EPO gossip

Summary: The “malicious gossip” at the EPO in Munich (Bavaria, Germany)

« Previous entries Next Page » Next Page »

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channels: Come and chat with us in real time

New to This Site? Here Are Some Introductory Resources

No

Mono

ODF

Samba logo






We support

End software patents

GPLv3

GNU project

BLAG

EFF bloggers

Comcast is Blocktastic? SavetheInternet.com



Recent Posts