Comments on: New Reports Show How Microsoft Rendered New Hardware Linux-hostile Out of the Box Using UEFI Demands http://techrights.org/2012/12/01/uefi-in-xmas/ Free Software Sentry – watching and reporting maneuvers of those threatened by software freedom Fri, 25 Nov 2016 09:41:40 +0000 hourly 1 http://wordpress.org/?v=3.9.14 By: mcinsand http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-2/#comment-133954 Tue, 04 Dec 2012 14:20:42 +0000 http://techrights.org/?p=64823#comment-133954 Roy,

Rather than try to find the information that I had before, here is a link to the article on computers and illegal tying. As a rare exercise of discipline, I will not go overlength here, although drafts of this message were considerably longer than just a few lines ;) This article has many points worth a paragraph on relevance to today’s technical market.

Regards.

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By: Michael http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-2/#comment-133953 Tue, 04 Dec 2012 13:47:22 +0000 http://techrights.org/?p=64823#comment-133953 You can opt to not use MS or Google, sure. Or Apple. Or Samsung. This is called choice.

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By: Dr. Roy Schestowitz http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-2/#comment-133951 Tue, 04 Dec 2012 11:48:02 +0000 http://techrights.org/?p=64823#comment-133951 Google is not in the business of imposition, neither in search nor in OSes. What i don’t like is, people send links to Docs/YouTube, whereupon (in the case of work) it becomes less of a choice. But it’s usually avoidable.

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By: Dr. Roy Schestowitz http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-2/#comment-133950 Tue, 04 Dec 2012 11:19:15 +0000 http://techrights.org/?p=64823#comment-133950 Am interested.

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By: mcinsand http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-2/#comment-133949 Tue, 04 Dec 2012 11:16:15 +0000 http://techrights.org/?p=64823#comment-133949 Roy, one more thing. I am pretty sure I know how to get this to you, but there is one particular piece on tying that I would really like to forward to you, if you’re interested.

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By: mcinsand http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-2/#comment-133948 Tue, 04 Dec 2012 11:14:18 +0000 http://techrights.org/?p=64823#comment-133948 Roy, I apologize if I was pushing the discussion in a direction that you didn’t want to follow, but the topic of UEFI has me concerned, and I was excited yesterday after reading some of the rulings and analyses. Also, after the ordeal of Microsoft illegally comingling code between Windows95 and IE, well, UEFI is very much a repeat of the same pattern, in my book. Courts ruled that welding IE to Windows was illegal tying, thus ruling that applications and OS are separate markets, just as they ruled a decade earlier that OS and hardware are separate. Previously, the justification was for the user experience, and, now, MS is trying to tie software to hardware as a means to address the vulnerability industry created by MS’ technical incompetence. History is repeating, and we are seeing the same anticompetitive measures all over again.

I’m not sure where the Google/Android came in, but Google does look to be doing some things right, yet again. The EFI on Chromebooks first had the hairs on the back of my neck standing, but Google actually publicizes how to get full access needed for installing other OS’s.

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By: Dr. Roy Schestowitz http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133946 Tue, 04 Dec 2012 01:22:31 +0000 http://techrights.org/?p=64823#comment-133946 Actively embracing discriminatory new ‘technology’ is the problem, especially when done by so-called “FOSS people” (I put “so-called” there because Microsoft uses bribed companies like Novell/SUSE and fakers like ‘FOSSpatents’ for this). It’s hardly different from the OOXML scenario of 2007. I can elaborate if you want.

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By: mjg59 http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133945 Tue, 04 Dec 2012 01:17:19 +0000 http://techrights.org/?p=64823#comment-133945 No, let’s go back to what you said. “Shim would harm attempts at antitrust complaint” – that’s untrue. The concept behind Shim could harm attempts at antitrust complaints, because the mere fact that it’s possible could make the difference between illegally anti-competitive behaviour and perfectly legal behaviour. The problem is, the concept is pretty obvious to anyone who spends some time thinking about the problem. Microsoft wouldn’t have to rely on me. They could find many people who would testify that it would be possible for Linux vendors to implement a solution that satisfied their requirements. The only thing that’s made an antitrust complaint more difficult is reality, not me.

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By: Michael http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-2/#comment-133944 Tue, 04 Dec 2012 01:11:35 +0000 http://techrights.org/?p=64823#comment-133944

Picture this hypothetical scenario. $LinuxVendor approaches USDOJ, alleging that X customers are unable to install GNU/Linux on Y new machines. $LinuxVendor shows that Microsoft produced requirements that led OEMs to tying an OS, Windows, to their hardware.

This would only apply to hardware with MS software. MS cannot make requirements for what is needed for Ubuntu!

Microsoft, when queried by USDOJ, is unable to justify those requirements.

Does Canonical have to justify their requirements?

Torvalds alleges it does little for security, OpenBSD’s founder openly complains about Red Hat, and Microsoft then cites a (former?) Red Hat developer who has said UEFI is all fine and dandy.

MS does things to benefit its OS – things which other OS developers are not doing. The other OS developers say it does not do much. Do you see the potential conflict of interest? Do not get me wrong, I am not saying it is a good thing but, assuming you even are correct about your claims (you often are not), the claims are still weak evidence.

This does not change the fact that Microsoft cannot justify those aforementioned requirements.

Justify to your satisfaction, you mean. MS has plent of info on UEFI on their site.

This is similar not only to the OOXML situation but also to FAT and DRM. Microsoft is trying to ‘normalise’ anti-competitive tactics and those who play along become unhelpful to the victims.

You have a very strong victim mentality. You think the world owes you and the open source community things. It does not. You blame the boogieman for desktop Linux doing poorly. All very irrational. Right or wrong on this topic your support is very weak.

They help Microsoft ram down people’s throats (and through regulators’ door) the thing that reduces their control over their computing while also harming competition (see Freiburg’s story).

Being a strong competitor and making products people want does "harm" competitors. That is an affect of choice.

Microsoft has done this before. I covered it. I showed it. UEFI is more of the same.

You make things up a lot and obsess over MS and Apple – pretending they are the bad guys to the good guys of Samsung and Google (for example).

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By: Michael http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133943 Tue, 04 Dec 2012 01:02:47 +0000 http://techrights.org/?p=64823#comment-133943

Let me explain. What I meant was, if a case was made for antitrust investigation (not a lawsuit), then querying someone like you, e.g. to say UEFI had Shim, would be favourable to Microsoft’s position. You chose to play along with discriminatory (towards Linux and BSD for the most part) plot rather than antagonise it.

Sad, Roy, how you think being honest and accurate to the best of his ability is a bad thing. Sickening, really. But at least you are making it clear how you decide what is moral: to you the ends justify the means – lying is fine to you. It has been clear for a long time but I think this is the first time I have seen you admit to it.

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By: Dr. Roy Schestowitz http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133942 Tue, 04 Dec 2012 01:00:00 +0000 http://techrights.org/?p=64823#comment-133942 I think we had a case of miscommunication. I’ll clarify further.

Picture this hypothetical scenario. $LinuxVendor approaches USDOJ, alleging that X customers are unable to install GNU/Linux on Y new machines. $LinuxVendor shows that Microsoft produced requirements that led OEMs to tying an OS, Windows, to their hardware. Microsoft, when queried by USDOJ, is unable to justify those requirements. Torvalds alleges it does little for security, OpenBSD’s founder openly complains about Red Hat, and Microsoft then cites a (former?) Red Hat developer who has said UEFI is all fine and dandy. This does not change the fact that Microsoft cannot justify those aforementioned requirements. This is similar not only to the OOXML situation but also to FAT and DRM. Microsoft is trying to ‘normalise’ anti-competitive tactics and those who play along become unhelpful to the victims. They help Microsoft ram down people’s throats (and through regulators’ door) the thing that reduces their control over their computing while also harming competition (see Freiburg’s story).

Microsoft has done this before. I covered it. I showed it. UEFI is more of the same.

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By: mjg59 http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133941 Tue, 04 Dec 2012 00:48:35 +0000 http://techrights.org/?p=64823#comment-133941 You’re missing the point. You said “Shim would harm attempts at antitrust complaint”. That’s not true. The fact that it’s possible for Shim to be written might harm attempts at antitrust complaint, the fact that someone actually wrote it wouldn’t.

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By: Dr. Roy Schestowitz http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133940 Tue, 04 Dec 2012 00:47:31 +0000 http://techrights.org/?p=64823#comment-133940 Yes, but I was addressing FUD and responding to misdirection from some Microsoft apologists.

I don’t like analogies that involve Google/Android because Google does not mandate that manufacturers lock the bootloader to earn some kind of “certification” or special treatment. Moreover, the desktop market has a chokehold which other markets don’t have and general-purpose computers should ban tying.

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By: Dr. Roy Schestowitz http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133939 Tue, 04 Dec 2012 00:43:14 +0000 http://techrights.org/?p=64823#comment-133939 mjg59,

No, you re using a straw man again. What I meant was, supporting what you claim to be trivial to support makes ammo for them — ammo with which to dismiss the problem of their anti-competitive tactics.

Let me take you back to 2007. Microsoft had paid Novell to support OOXML and did similar things with other companies. At the same time a lot of complaints were made against OOXML, alleging — correctly — that it was a bogus ‘open’ format with patents and no working implementations, not even by Microsoft. By having Novell as an essentially “bribed supporter” Microsoft had the ammo with which to silence opposition while fighting against ODF and open standards policies in entire nations. I covered this in hundreds of posts in this site. What you do is akin to what GNOME/Gnumeric did at the time, not just Go-OO.

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By: mcinsand http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133938 Tue, 04 Dec 2012 00:37:28 +0000 http://techrights.org/?p=64823#comment-133938 Roy, yes, there are different rules for monopoly, but antitrust law applies to more than just monopolies. In the DG versus Digidyne case, DG clearly did not have a monopoly, but they had an operating system that the market valued. A problem with a lot of the FOSS community, among others, has been the misunderstanding that anticompetitive behavior is okay, as long as a company has some other company that it can call competition or holds a majority market share. That is one reason I put in some of the quotes from the DG versus Digidyne ruling an analysis. These laws aren’t just designed to address existing monopolies but to also make some effort at punishing companies that compete in unethical ways.

The analyses that I went through today are indeed very interesting, especially a Duke law article on illegal bundling and tying, and it helped to go back through and reread the DG versus Digidyne rulings. Hardware and software are not just separate markets by virtue of common sense, but the courts have ruled so, as well.

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By: mjg59 http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133937 Tue, 04 Dec 2012 00:34:16 +0000 http://techrights.org/?p=64823#comment-133937 If I hadn’t written Shim, I’d still know that it was straightforward. Are you saying that I should refuse to give full and truthful testimony to an antitrust investigation?

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By: Dr. Roy Schestowitz http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133936 Tue, 04 Dec 2012 00:31:15 +0000 http://techrights.org/?p=64823#comment-133936 Let me explain. What I meant was, if a case was made for antitrust investigation (not a lawsuit), then querying someone like you, e.g. to say UEFI had Shim, would be favourable to Microsoft’s position. You chose to play along with discriminatory (towards Linux and BSD for the most part) plot rather than antagonise it.

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By: mjg59 http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133935 Tue, 04 Dec 2012 00:25:00 +0000 http://techrights.org/?p=64823#comment-133935 What, starting a lawsuit? I thought you wanted one of them?

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By: Dr. Roy Schestowitz http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133934 Tue, 04 Dec 2012 00:21:58 +0000 http://techrights.org/?p=64823#comment-133934 mjg59, the point I was making is, creating a circumstance as such would be a Bad Thing™.

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By: Michael http://techrights.org/2012/12/01/uefi-in-xmas/comment-page-1/#comment-133933 Tue, 04 Dec 2012 00:17:01 +0000 http://techrights.org/?p=64823#comment-133933 “Such a testimony would help Microsoft.” – Roy

That shows Roy’s level of moral development: if it helps MS it is bad, if it hurts MS it is good. It is not about what is intrinsically right or wrong, good or bad… it is about “winning” at any cost (other than actually making desktop Linux earn its spot on the desktop).

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