Reducing Resistance to Unjust Oligarchy and State Violence by Removing Words, Limiting Free Expression of Perfectly Valid Ideas and Facts

Posted in Deception, Free/Libre Software at 6:36 pm by Dr. Roy Schestowitz

Summary: The war on literature, on free expression and on dissemination of ideas isn’t unprecedented and didn’t start overnight; it is, however, greatly accelerating this year in the name of "protecting" us

THERE’S this worrisome trend; it’s geared towards silencing dissent (against the powerful), equating the desire to preserve free speech with a desire for violence, calls for violence, and overt racism. We’re told that words like “master” (which can describe the relationship between powerful corporations and us) is racist, even in contexts where slavery does not exist (and “slavery” itself can describe our relationship with the world’s richest people, who rapidly get a lot richer). Hey, it’s not like bombing of poor people is a problem, is it? Those types of things are not ‘supposed’ to bother us…

War Protester

As readers can recall (or cannot recall, memory deleted) Amazon was caught remotely deleting the book ’1984′; Stallman was right when he warned about those sorts of things. Marcia Wilbur made or published the above clip (Richard Stallman (RMS) and Bruce Perens – DMCA Protest 2001 San Francisco, hosted in YouTube; clipped above is just 1:54 running until the end).

Stallman condemns the likes of Amazon, controlled by the world’s richest person, who is also being accused of exploiting Free software without giving anything in return (to those who make this software).

“You cannot please everyone. If he uses some proprietary software, they will call him a hypocrite with double standards and without principles (or belief in his own words). If he uses none of it, they mock him, calling his crazy, hermit etc. As if it’s normal to be the slave of corporate masters and monopolies that spy.”Stallman is certainly no idol to Jeff Bezos. You cannot please everyone. If he uses some proprietary software, they will call him a hypocrite with double standards and without principles (or belief in his own words). If he uses none of it, they mock him, calling his crazy, hermit etc. As if it’s normal to be the slave of corporate masters and monopolies that spy. Digital books nowadays read the reader. To oppose that is “extremism”…

In general terms, Stallman’s message is under attack because it is not convenient to monopolies. If he’s targeted like this, to the point of being separated from the FSF (which he founded), we’re all vulnerable to these sorts of tactics. They just want to take away his work without giving anything back, though GPL makes that hard.

Speaking of the the book ’1984′, how about “198S — Nineteen-Eighty-Source” (1984: Appendix: The Principles of Newspeak)?

“The reason Stallman isn’t the FSF’s President at this moment is that media and social control media both distorted what he had actually said about Epstein around the time the Epstein-Bill Gates scandals started at MIT.”To quote: “Newspeak is the official language of Oceania, scheduled for official adoption around 2050, and designed to make the ideological premises of Ingsoc (Newspeak for English Socialism, the Party’s official political alignment) the only expressible doctrine. Newspeak is engineered to remove even the possibility of rebellious thoughts—the words by which such thoughts might be articulated have been eliminated from the language. Newspeak contains no negative terms. For example, the only way to express the meaning of ‘bad’ is through the word ‘ungood.’ Something extremely bad is called ‘doubleplus ungood.’”

figosdev uses as examples “blacklist” = “unwhitelist” (“I am told (but do not believe) that it’s impossible to be racist against white people,” he added. “So “white” can’t be a negative/racist term, and therefore should be alright to use?”). A couple more are “idiot” = “ungenius” and “gfy” = “go doubleplus ungently love yourself” (because manners matter, remember? Can’t use bad words anyway).

Allegedly bad words have already got the OSI’s co-founder banned by the OSI. That happened earlier this year. Strong language used by Linus Torvalds (talking to people who wheel in bad code, repeatedly) also got in him trouble. The focus on language rather than substance has long been a trap. The reason Stallman isn’t the FSF’s President at this moment is that media and social control media both distorted what he had actually said about Epstein around the time the Epstein-Bill Gates scandals started at MIT.

Links 12/10/2020: LLVM 11.0.0 Release, GNU Linux-libre 5.9, Porteus Kiosk 5.1, Kdenlive 20.08.2 and Emperor-os Introduced

Posted in News Roundup at 5:38 pm by Dr. Roy Schestowitz

  • GNU/Linux

    • The Year of the Linux dissatisfaction

      Technology among business entities that use and develop Linux-based solutions. This means that not only are we not likely to get a standard – which would imply total domination by a company – if we ever do get one, it’s going to be inadequate – like systemd, which might work for cloud machines, but it has no real value for the typical home rig.


      My approach to software has always been product-driven, which in turn is needs-driven. I have had expectations and hope for the Linux desktop for many years, and so far, they remain unrealized. Alarmingly, the gap between reality and dream is getting bigger, hence my growing disappointment and negativity. If only things stayed like they were in 2015. But things are worse now actually, because the competition is moving forward.

      You could say I’m just ranting. Well, the market share numbers prove me right. The Linux desktop has not dented the Windows share in any meaningful way – and what it did is 90% all because of just one distro, you know which one. Well, physics tell us – if you don’t invest energy into a stable system, it will not change. The distros have not done enough to address the glaring functionality issues that prevent wider adoption among Windows folks. There is no reason then why Linux desktop ought to flourish.

      There’s great fatigue in the Linux desktop world. It’s not just me. Check the existing publications, check the online magazines (those that still survive). Check the popularity, the engagement, whatever you like. Even nerds are finding new areas to be excited about. I guess I should blame myself for being naive and idealistic and believing (not too zealously of course, just pragmatically enough), but hey. I learned.

      Just like distro developers want to have fun, I want to have fun. And that means not reviewing software that does not make me happy. I will still keep testing Linux distros – so don’t misquote me on that – but I will do it not just by focusing on average user needs, stability and consistency, I will also focus on my own fun. A brand new parameter in the equation! Maybe one day, the Linux desktop will rise again. Till then, I will conserve my happy mana. And curtain.

    • Audiocasts/Shows

      • This Week in Linux 120: Oracle vs Google, Nextcloud 20, Python 3.9, Better Snaps Theme Support – TuxDigital

        On this episode of This Week in Linux, well this week is so packed its just nuts. We’ve got new app releases with Nextcloud 20 & GIMP 2.10.22. We’ve also got some app building news with Python 3.9 released and a welcomed update related to Theme support in Snaps. The news that AMD is reportedly in talks to acquire the company Xilinx, we’ll talk about what this could mean. We’ve also got some Legal News to discuss with the lawsuit between Google vs Oracle reaching the Supreme Court. Then we’re going to talk about a Gaming Event from a project I never considered interested in gaming, which is Debian. Then we’ll round out the show with an update to the Kubuntu Focus Linux laptop. All that and much more comming up right now on Your Weekly Source for Linux GNews!

      • Software Ecosystems are bad, but Linux needs one – YouTube

        I don’t like these walled gardens, but I still think we need a full open source ecosystem where the desktop works well with mobile, smartwatches, iot devices, and services. Let’s see how that could work.

      • How to install Gimp 2.10.20 on Deepin 20

        In this video, we are looking at how to install Gimp 2.10.20 on Deepin 20.

      • Vim Bootstrap: Generate A Programming Vimrc With No Effort – YouTube

        Configuring vim can be a fairly large time commitment especially if you want to turn it into a relatively decent programming environment so Vim Bootstrap is a project that aims to take out some of that effort by generating a vimrc or vim configuration file for you with minimal user interaction and besides some odd vim plugin choices I think it’s pretty decent.

      • Awesome Linux Tools: UChecker

        UChecker is an open-source utility that can be used to detect insecure shared libraries that are in memory on your server. UChecker is written in Python, and available on Github. In this video, I show some basic detail about the script and a few sample runs.

    • Kernel Space

      • Linux Kernel 5.9 Released, Here’s a Quick Look at What’s New – OMG! Ubuntu!

        New Linux kernel releases seem to pop out quicker than they used to, but since they’re always chock full of welcome improvements I’m not complaining!

        Linux 5.9 is the latest mainline kernel release to be issued. Linus Torvalds, father of the kernel, announced the new release using his trademark modesty , saying that “…nothing in [this update] gives me any particular reason to delay another week, here we are.”

      • GNU Linux-Libre 5.9 Kernel Is Out for Those Who Seek 100% Freedom for Their PCs

        Based on the recently released Linux 5.9 kernel series, the GNU Linux-libre 5.9 kernel is here to deblob any proprietary code and drivers from the upstream Linux kernel to provide the community with a libre, 100% free kernel that they can install on their personal computers.

        This release includes a new blob name for x86 touchscreen, deblobbing for a new rtw8821c Wi-Fi driver, cleaning for a new SoC support driver for MediaTek mt8183 to disable requests for blobs, and various changes to the AMDGPU, mt7615, Intel i915 (CSR), Mellanox mlxsw (Spectrum3), and r8169 (rtl8125b-2) drivers.

      • GNU Linux-libre 5.9-gnu Released After The Usual Deblobbing

        Within hours of Linus Torvalds releasing the Linux 5.9 kernel, the GNU folks maintaining the GNU Linux-libre downstream released their version of the kernel that prevents the loading of binary-only modules as well as the loading of binary-only firmware/microcode blobs.

      • GNU Linux-libre 5.9-gnu
        GNU Linux-libre 5.9-gnu cleaning-up scripts, cleaned-up sources, and
        cleaning-up logs (including tarball signatures) are now available from
        our git-based release archive git://linux-libre.fsfla.org/releases.git/
        tags {scripts,sources,logs}/v5.9-gnu.
        Tarballs and incremental patches are still getting compressed; when
        ready, they are all going to be at published along with patches at
        The scripts used for the release candidates needed changing for final: a
        new blob name was added to x86 touchscreen, and a new bitmap console
        font added as an array of numbers elsewhere was flagged as suspicious,
        but it was a false positive.
        Aside from that, there haven't been a lot of surprises in this release.
        A new wifi driver for rtw8821c, and a new SoC support driver for
        MediaTek mt8183 needed some cleaning up to disable requests for blobs.
        Other pieces of code and documentation mentioning blobs moved about in
        the tree and required adjustments to the cleaning up logic.  Preexisting
        drivers for amdgpu, mt7615, and i915 (CSR), Mellanox mlxsw (Spectrum3),
        and r8169 (rtl8125b-2) needed changes to clean up blobs for
        newly-introduced hardware variants.
        Some people seem to have got the notion, from the 5.8-gnu release
        announcement, that we were moving away from GNU awk or GNU sed, and
        towards Python and Perl.  I'd like to dispell any such misunderstanding.
        We've long had deblob-check backends in all four of these languages, and
        GNU awk remains the most efficient to verify entire tarballs, while
        Python remains the most efficient to clean up individual files.
        It just so happens that problems were found while benchmarking, that
        affected only some of the back-ends, and I mentioned those problems were
        fixed, and that I'd like to avoid regressions in the back-ends I don't
        use much.
        For up-to-the-minute news, join us on #linux-libre of irc.gnu.org
        (Freenode), or follow me (@lxoliva) on Twister <http://twister.net.co/>,
        Secure Scuttlebutt, GNU social at social.libreplanet.org, Diaspora* at
        pod.libreplanetbr.org or pump.io at identi.ca.  Check the link in the
        signature for direct links.
        Be Free! with GNU Linux-libre.
        What is GNU Linux-libre?
          GNU Linux-libre is a Free version of the kernel Linux (see below),
          suitable for use with the GNU Operating System in 100% Free
          GNU/Linux-libre System Distributions.
          It removes non-Free components from Linux, that are disguised as
          source code or distributed in separate files.  It also disables
          run-time requests for non-Free components, shipped separately or as
          part of Linux, and documentation pointing to them, so as to avoid
          (Free-)baiting users into the trap of non-Free Software.
          Linux-libre started within the gNewSense GNU/Linux distribution.
          It was later adopted by Jeff Moe, who coined its name, and in 2008
          it became a project maintained by FSF Latin America.  In 2012, it
          became part of the GNU Project.
          The GNU Linux-libre project takes a minimal-changes approach to
          cleaning up Linux, making no effort to substitute components that
          need to be removed with functionally equivalent Free ones.
          Nevertheless, we encourage and support efforts towards doing so.
          Our mascot is Freedo, a light-blue penguin that has just come out
          of the shower.  Although we like penguins, GNU is a much greater
          contribution to the entire system, so its mascot deserves more
          promotion.  See our web page for their images.
        What is Linux?
          Linux is a clone of the Unix kernel [...]
        (snipped from Documentation/admin-guide/README.rst)
        Alexandre Oliva, happy hacker
        Free Software Activist
        GNU Toolchain Engineer
      • Linux 5.9 Is Released With New Drivers, Improved AMD GPU Support, And Support The x86-64 FSGSBASE CPU Instructions – LinuxReviews

        It was a bumpy release-cycle for Linux 5.9 with one release candidate refusing to show anything graphical on Intel GPUs. The final 5.9 release doesn’t have that problem. It has have quite a lot of new features such as support for upcoming AMD graphics cards, support for the FSGSBASE x86-64 instructions, a Corsair RGB hub and a lot more.

      • Linux 5.9 Released
      • Linux Kernel 5.9 Released! How to Install it in Ubuntu | UbuntuHandbook

        The mainline kernels do not include any Ubuntu-provided drivers or patches. They are not supported and are not appropriate for production use.

        For a graphical tool to install updated kernel package, try Mainline.

      • Linux Kernel 5.9 Released: Drops Support For Multiple Floppies

        Like the previous version release, v5.9 has also added initial support for components such as AMD RDNA 2 graphics cards, Intel Rocket Lake graphics, Intel Keem Bay SoC, Sienna Cichlid, and Navy Flounder GPUs.

        Another big addition to Linux 5.9 is a Multi-Color LED Framework, which brings clustered colored LEDs into an array so that userspace can adjust the brightness of the cluster using a single file write.

        Along with the new additions, Kernel 5.9 has also continued to improve support for USB4, and file systems like Btrfs and F2FS. Furthermore, it has finally mainlined FSGSBASE 64-bit instruction set to boost performance for both Intel and AMD systems.

        Going further, Linux kernel 5.9 has removed the Unicore 32-bit RISC architecture. Since not many people use floppies for booting nowadays, it has also dropped support for multiple floppies.

      • Linux 5.10 Scheduler Updates Bring SMT Balancing Tweaks

        Ingo Molnar as usual is quite quick in submitting his changes for the new kernel merge window in the areas he oversees. With the scheduler changes for Linux 5.10 there are some changes worth mentioning.

        - Cache hotness is now ignored for SMT migration since they share the same core and in turn the same caches.

      • Many Intel/AMD x86 Changes Kick Off Linux 5.10 Development From Zen 3 To SERIALIZE

        On this first official day of breaking open Linux 5.10 for development with its merge window, quite a number of noteworthy Intel and AMD x86 processor changes have already been sent in for landing.

      • Wishing David Miller well

        David Miller is the long-time maintainer of the kernel’s networking subsystem. On October 10, he wrote this to his Twitter feed: “I had a stroke on Tuesday and have been recovering since please pray for me”. We at LWN wish David a fast and complete recovery. (Thanks to Harald Welte for the heads-up).

      • Linux 5.10 To See Static Calls For Helping Cases Where Retpolines Are Used

        A new kernel feature sent in today for the Linux 5.10 merge window is static calls, which can be helpful in cases where Retpolines (return trampolines) are currently used as part of protections against speculative execution vulnerabilities like Spectre.

        Worked on by Red Hat and others is static calls as a replacement to global function pointers in the kernel. Static calls rely on code patching to allow for direct calls to be used rather than indirect and yield better performance especially where Retpolines are otherwise used.

      • LPC 2020 Survey Results – Linux Plumbers Conference

        98.4% of respondents were positive or neutral about the event, with only 1.6% indicating they were dissatisfied. Given the fact we had to shift the event to be online this year, that is a very encouraging result. Co-location with the Kernel Summit continues to prove popular (67.5% considered it helpful/very helpful), and the first time introduction of the GNU Tools track was very well received with 68% of the respondents considering it helpful/very helpful as well. One thing we were a bit worried about is whether the online format would enable discussions to help resolve problems 73% found them useful, which compared to most online events was a great result.

        The BOF track was very popular and we’re looking to include this again in 2021. Conference participation was up from 2019 and even though we increased the capacity to 810, we sold out of regular tickets again. Given that the participants adhered to the guidelines for online we didn’t bump into the capacity limits we were worried about, so are considering raising the cap next year if we need to be virtual. From the survey, the overwhelming majority of attendees prefer us to try to hold the conference in person, with a fall back to virtual. With this in mind, we’re working with the Linux Foundation events team to identify options in Dublin for a hybrid event, but may fall back to be entirely online.

      • Btrfs With Linux 5.10 Brings Some Sizable FSync Performance Improvements

        The Btrfs file-system is seeing some promising additions with Linux 5.10.

        Most notable are seeing performance improvements in the area of fsync. The Btrfs code for this next kernel version has less contention over the log mutex yielding a few percentage improvements in throughput but more significant latency reduction with multiple clients. There is also an optimization to skip unnecessary commits for link and rename yielding possible 6% throughput improvements and as much as 30% lower latency or even 75% lower latency for renames. Another change makes fast fsync wait only for the writeback and that can yield double digit throughput improvements.

    • Applications

      • Fragments – A modern BitTorrent client for Linux

        Fragments is an open-source BitTorrent client for Linux. It is developed for the Gnome desktop environment, following its human design guidelines. The application is modern looking and intuitive to use.

        The name “Fragments” is kind of ironic as the file(s) that we transfer using BitTorrent protocol gets fragmented into little pieces.

        We can install Fragments either manually or with the Flatpak.
        To make things easier we are going to use the second method to install it.

      • Nyxt – keyboard-oriented extensible open source web browser

        Developing a web browser is a gargantuan task with the market dominated by a handful of web browsers. And if you want an open source graphical web browser your options are even more limited; the two popular choices are Firefox and Chromium.

        Why are web browsers difficult to code? Let’s look at the components of a web browser. They typically offer a graphical user interface, an engine, and a controller. The engine is the most complicated element. Engines used by open source web browsers include WebKit, Blink, and Gecko (or the Goanna fork).

        The graphical user interface is a large part of the user experience for many web browsers. Firefox sees a fair chunk of the screen estate devoted to its interface. However, advanced users prefer to declutter the interface, leaving almost all of the screen real-estate to the engine.

        Step forward Nyxt. This open source web browser offers familiar key-bindings (Emacs, vi, CUA), it is fully configurable and extensible in Lisp, and sports powerful features. You may not have heard of Nyxt even though it’s attracted nearly 5K GitHub stars. Let’s put that right!

        This web browser was originally called Next, but sensibly the project was recently renamed to Nyxt.

      • Hacking Free Software for Creative Writing

        Some tools designed for programming can also be very helpful for writing fiction. A few to look at include personal wikis, random word generators, and version control tools.

        One of the most important lessons I have learned from using free software is the ability to improvise. Although I am not a developer, I long ago learned to hunt for useful scripts and adapt them for my own purposes. However, it is only recently that I realized that, with a little improvisation, tools designed for programming can be made useful for writing fiction.

        Some free software, of course, is already designed for use by writers. Although a sadly high number of users have yet to learn that The PC is Not A Typewriter, as Robin Williams said in the title of her book, LibreOffice is designed for writers of long documents. Similarly, Calc, like any spreadsheet, is ideal for outlining scenes and for keeping track of more abstract elements of storytelling, such as the phases of the moon or the course of a character’s illness. However, the repositories of free software also contain some less obvious tools that are useful for writers, including those detailed below.

      • Universal USB Installer – Neowin

        Universal USB Installer is a Live Linux USB Creator that allows you to choose from a selection of Linux Distributions to put on your USB Flash Drive. The Universal USB Installer is easy to use. Simply choose a Live Linux Distribution, the ISO file, your Flash Drive and, Click Install. Upon completion, you should have a ready to run bootable USB Flash Drive with your select operating system installed. Other features include; Persistence (if available) – note that casper persistence will only work with fat16 or fat32 formatted drives.

      • MellowPlayer is a Desktop App for Various Streaming Music Services – It’s FOSS

        Undoubtedly, a lot of users prefer tuning in to streaming services to listen to their favorite music instead of purchasing individual music from stores or downloading them for a collection.

        Of course, streaming services let you explore new music and help artists reach out to a wider audience easily. But, with so much music streaming services available (Soundcloud, Spotify, YouTube Music, Amazon Music, etc) it often becomes annoying to utilize them effectively while using your computer.

        You may install Spotify on Linux but there is no desktop app for Amazon Music. So, potentially you cannot manage the streaming service from a single portal.

      • 7 Essential CLI Tools You Should Know in a GUI-Based World | IT Pro
    • Instructionals/Technical

      • Install Linux Kernel 5.9 In Ubuntu / LinuxMint | askmetutorials

        In this tutorial, I will show you how to install the latest version of Kernel 5.9 On Ubuntu 20.04 LTS, Ubuntu 18.04 LTS, and Linux Mint.

      • How To Install Kazam on Ubuntu 20.04 LTS – idroot

        In this tutorial, we will show you how to install Kazam on Ubuntu 20.04 LTS. For those of you who didn’t know, Kazam is a simple screen recording program that will capture the content of your screen and record a video file that can be played by any video player that supports VP8/WebM video format. This utility requires a small configuration setup and is perfect for new users who just want to capture and record screen video. Kazam records crystal clear sound and can save the video file in several different file formats.

      • How To Install Ubuntu With ‘D Drive’-like Data Partition

        Actually it is very easy to install Ubuntu alike operating systems with data storage partitions similar to Drive D: to mimic tradition of Windows computers. What you need to do is just install Ubuntu like usual but create one additional large partition without attaching mount point to it. The result is you will always see one data partition ready to use just like you usually found while using Windows. Just because apparently many people asked it then I make this tutorial to help. As stated it is for Ubuntu alike, you can also practice this to Fedora, openSUSE, Manjaro, and others.

      • How to install the web-based Guacamole Remote Desktop Client on Ubuntu 20.04 LTS

        Apache Guacamole is a free, open-source and web-based remote desktop application that allows you to access your desktop machines through a web browser. In this tutorial, we will show how to install Apache Guacamole remote desktop gateway on Ubuntu 20.04 LTS server.

      • [Solved] Broken Pipe Error With SSH Connection in Linux

        If you use SSH to connect to remote Linux servers, you’ll notice that if you keep your SSH session inactive for some time and then try to use it again, the SSH session disconnects with an error message like this:

        :client_loop: send disconnect: Broken pipe
        On some systems, it will display ‘Write failed: Broken pipe’ or ‘Connection closed by remote host’.

        Let’s see what causes this error and how to go about keeping your SSH connection alive.

      • Getting Started with Vagrant on Linux – Make Tech Easier

        Modern operating systems, including Linux, have developed over recent years to bring operating system virtualization to the humble PC. Running multiple operating systems using a hypervisor allows developers, system administrators, and tinkerers to set up small, dispensable, virtual environments to test things out and learn. As virtualization becomes more and more popular, more and more pieces of software come out that promise to make your life easier. Vagrant is one of those pieces of software.

      • Simplified access to the NVIDIA CUDA toolkit on SUSE Linux for HPC – SUSE Communities

        Managing heterogeneous computing environments has become increasingly important for HPC and AI/ML administrators. The NVIDIA Compute Module is one way we are working to make using these technologies easier to use.

      • First Attempt at Gnocchi-Statsd « etbe – Russell Coker

        I’ve been investigating the options for tracking system statistics to diagnose performance problems. The idea is to track all sorts of data about the system (network use, disk IO, CPU, etc) and look for correlations at times of performance problems. DataDog is pretty good for this but expensive, it’s apparently based on or inspired by the Etsy Statsd. It’s claimed that the gnocchi-statsd is the best implementation of the protoco used by the Etsy Statsd, so I decided to install that.

      • Quick Tutorial on How to Use Shell Scripting in Linux: Coin Toss App | Linux Journal

        Simply put, a Shell Script is a program that is run by a UNIX/Linux shell. It is a file that contains a series of commands which are executed sequentially as if they were entered on the command line interface (CLI) or terminal.

        In this quick tutorial on Shell Scripting, we will write a simple program to toss a coin. Basically, the output of our program should be either HEADS or TAILS (of course, randomly).

        To start with, the first line of a shell script should indicate which interpreter/shell is to be used to execute the script. In this tutorial we will be using /bin/bash and it will be denoted as #!/bin/bash which is called a shebang!

      • How to install GUI to Ubuntu Server | FOSS Linux

        Ubuntu Server has no default graphical user interface. That doesn’t stop us from adding one. Here’s how to install a GUI such as GNOME, MATE, KDE, on Ubuntu Server.

        ost server operating systems, including the Ubuntu Server, don’t come with a Graphical User Interface. The main reason behind these is that the GUI takes much of the system resources to run essential server tasks. However, that doesn’t mean you can install a GUI on your Ubuntu server.

      • How To Install Puppet on Ubuntu 20.04 LTS – idroot

        In this tutorial, we will show you how to install Puppet on Ubuntu 20.04 LTS. For those of you who didn’t know, Puppet is an open-source configuration management and server automation framework.

      • Managing local group accounts in Linux | Enable Sysadmin

        Managing user resource access through groups is a tried-and-true strategy that still works.

      • Setting up for your Red Hat remote exam: Things you need to do first

        Since August, we have offered remote exams with some of our most popular certification exams. We understand that the process for taking a Red Hat remote exam is unique. Before you schedule your Red Hat remote exam, ensure that you meet all the system requirements and have planned out the logistics for taking your exam at home. In addition to setting up your workspace, you must have a redhat.com login, download the Remote Exam Live Environment ISO, have all the required hardware, and run a required compatibility test. Here are a few tips to help you get your workspace and equipment ready.

        Download the Remote Exam Live Environment ISO

        Our exam solution uses a unique approach that provides an entire operating system tailored for the purpose of delivering a Red Hat exam, as well as running the compatibility tester that helps confirm whether your hardware and network connectivity are suited for remote delivery. When booted from a typical USB thumb drive or other external storage device, this operating system runs entirely in RAM and leaves whatever is installed on the system untouched and unchanged.

      • Axel Beckert: Git related shell aliases I commonly use

        ga=”git annex”
        gap=”git add -p”
        amend=”git commit –amend”
        Hope this might be an inspiration to use these or similar aliases as well.

    • Games

      • Steam Machines: Was it All in Vain?

        I can still picture it just like it was yesterday. My colleague, pointing one finger to our new product in front of us. Asking me a simple yet subtle question:

        “What’s the value proposition?”

        “What do you mean?” I was unsure of how to answer.

        He continued:“You know… why would one even want to buy this product over something else? What is its reason to be? What problem does it solve?”

        This was my introduction to Product Development, Branding and ultimately Marketing. Once you internalize this kind of framing, you cannot unsee it anymore. It becomes like a sixth sense you apply to everything around you. Ads, posters, products you use everyday, products you consider buying, and the list goes on.

        It’s like when a friend (or a foe?) teaches you about font kerning just to mess with you. Every single sign, every printed paper that looked absolutely normal before, will seem off and wrong. Life changing knowledge (for the worst, in the case of font kerning).

      • Gaming system raises ante with Tiger Lake CPU

        Advantech’s fanless, Linux-ready “DPX-E145” gaming system offers 11th Gen Tiger Lake with up to 4x 4K or 2x 8K video, 2x GbE, 9x USB, serial and discrete I/O, and SATA, CFast and M.2 NVMe storage.

        Advantech-Innocore has announced the first Intel 11th Gen Tiger Lake based computer for the regulated casino and AWP (amusement with prize) gaming markets. The passively cooled DPX-E145 supports “multi-screen, high resolution, immersive player experiences” with the help of Tiger Lake’s up to 96-EU Iris Xe graphics.

      • Try not to destroy nature in Epicinium, a free and open source strategy game out now

        Just released today is Epicinium, a competitive strategy game that tries to get you to think a little differently as you fight while trying not to destroy the environment.

        With nature being a finite resource, is it worth winning the war if you’re left with nothing but dirt and ash? An important question of course. Here you win based on how much of mother Earth is actually left as you battle other players or AI across many simultaneous turns. Deal with weather effects, climate change and more.

      • The Elder Scrolls: Arena open source game engine OpenTESArena advances on

        More classics continuing to live on?! Yes please, thanks to the power of open source and dedicated fans The Elder Scrolls: Arena has a modern game engine that continues maturing. You can download the original free for the data files, thanks to Bethesda releasing it free some time ago so it makes it quite easy to get going with OpenTESArena.

      • How to play Dishonored 2 on Linux

        Dishonored 2 is the sequel to Dishonored. It is a game developed by Arkane and published by Bethesda. Dishonored 2 is an action FPS game that has players take control of a royal assassin. In the sequel, you play as either Corvo Attano or his daughter as you fight to win back the throne. In this guide, we’ll go over how to get Dishonored 2 working on Linux.

      • NVIDIA GeForce RTX 3080 Linux Gaming Performance Review – Phoronix

        After last week exploring the NVIDIA GeForce RTX 3080 Linux GPU compute performance for this Ampere graphics card along with the Blender 2.90 performance, today is a look at the Linux gaming performance for the RTX 3080 both for native games as well as those Windows games running on Linux via Steam Play (Proton).

      • Looks like Total War Saga: TROY is still coming to Linux in 2021 | GamingOnLinux

        While currently Total War Saga: TROY is exclusive to the Epic Games Store, it appears Feral Interactive are still planning to bring official Linux support with a port onto Steam in 2021.

        A Linux port was planned, and was actually confirmed when the game was originally announced back in early 2019. It later went exclusive to the Epic Games Store, which of course messed things up for Linux because Epic Games still won’t support Linux with their store. Still, it will release on Steam in 2021, because that’s when the exclusive period will be over.

        What caught our eye was that Feral Interactive ported it to macOS and put that live on the Epic Games Store, and when this happened any mention of a Linux version was removed from Feral’s famous upcoming port radar and this caused concern with readers emailing in about it – thinking it was cancelled for Linux.

        Thankfully, that seems to not be the case. We emailed Feral Interactive who confirmed today that was a “technical glitch” and the Linux version of Total War Saga: TROY now appears again on their upcoming port radar list.

      • Save a village on the brink of destruction in Lonesome Village – confirmed for Linux | GamingOnLinux

        Developer Ogre Pixel is currently running a successful crowdfunding campaign for Lonesome Village, a puzzle-solving adventure with social simulation and town-building that’s now confirmed for Linux.

        Their crowdfunding campaign had an initial goal of 420K Mexican Peso (around £15K) and they’ve managed to get quite a lot more funding with it currently sat on around £58,524. Thanks to how well received it has been, they put out an update to confirm “We are happy to share that we have decided to include Mac and Linux as launching platforms for Lonesome Village!”.

      • Play the classic Diablo on Linux with a huge new release of DevilutionX | GamingOnLinux

        Diablo is something of a classic and it lives on thanks to the public domain game engine DevilutionX. Originally itself based on Devilution, a reconstruction of the source code used for the original Diablo.

        DevilutionX continues taking it a step or two further, ensuring it works smoothly on modern operating systems with new and enhanced features to improve it. The legality around it is a little murky but so far Blizzard don’t seem to be bothered. You still need to buy it, as it doesn’t include any of the media/data files. You can buy a copy of the classic for that over on the DRM-free store GOG.com.

      • Hybrid Beasts has a fresh spin on the classic Worms – now in Early Access on Steam | GamingOnLinux

        Hybrid Beasts from Beastbits aims to modernise the classic turn-based battling found in Worms and hype it up a little, with a release now live on Steam in Early Access.

        On the surface, it’s very much a Worms-like. You each take turns moving around a character from your team, pickup weapons, dig, attack and more. However, they’re aiming for a what they say is a “cross-genre game” that has you explore an open-world, go through quests and discover secrets.

        Right now, they said a lot of the game is already finished. It has fully functional local multiplayer with a single standard battle game mode, more than 70 weapons and items, 2 tournament modes and multiple different battlefields to visit spread across a map you need to explore. They’ve confirmed online multiplayer is coming, and a single-player mode will also arrive next year too.

      • You can now order a PC case that looks like the classic Commodore 64 | GamingOnLinux

        Enjoy retro computing? It seems one company does, as My Retro Computer have revived the classic Commodore 64 as a barebones PC case.

        Inspired by the Commodore 64x replica PC released in 2011, which met an untimely end when the Commodore USA founder Barry Altman died back in 2012. Not to be confused with the original Commodore, as this was a newer company that acquired the name. Commodore USA had a pretty murky history too following multiple controversies, which My Retro Computer are hoping to improve upon and they’re not using the Commodore name.

      • Planning a Game Night? Here Are 5 Of the Best Multiplayer Games You Can Enjoy With Friends – NoobsLab

        It’s been months since the quarantine has started, and we understand that cabin fever is getting the best of us. The best thing to do is to hang out with our friends virtually. If you are running out of things to say during your Zoom meetings, why not host a game night? No need to look further for some good entertainment. Here are some of the best online games that you can play with your pals for free!

      • Markus Koschany: My Free Software Activities in September 2020

        Debian Games

        I spent most of the time this month to tackle remaining GCC 10 bugs in packages like nettoe, pcsxr, slimevolley (patch by Reiner Herrmann), openal-soft, slashem and alien-arena. I also investigated a build failure in gfpoken (#957271) and springlobby and finally uploaded a new revision of warzone2100 to address another FTBFS while building the PDF documentation.

    • Desktop Environments/WMs

      • K Desktop Environment/KDE SC/Qt

        • Kdenlive 20.08.2 Is Released With 17 Bug-Fixes And GPU Accelerated Video Rendering – LinuxReviews

          The free multi-platform video editor Kdenlive got automatic scene splitting and hardware accelerated video rendering on the GPU in this release even though it it was released as just a minor version bump. There’s also 17 bugs that have been fixed since 20.08.1 was released. GPU video rendering is twice as slow as CPU rendering, so it is, for now, a utterly useless new feature.

        • Kdenlive 20.08.2 released

          Usually the point releases are for bugfixes but Kdenlive 20.08.2 comes with a set of changes worthy of a major release. Besides some memory leak fixes and usability improvements this versions brings back the automatic scene split feature, adds for the Linux version experimental GPU rendering profiles for rendering, proxy creation and timeline preview rendering (Windows will follow at a later stage) and a new crop effect. Other noteworthy changes are better handling of projects with missing clips, improved project loading and fixes incorrect volume meters in audio mixer. The Windows version gets 45 new audio LADSPA effects (CMT) and 3 video frei0r effects (Cairo).

          But the best thing really is that this release has many commits from new contributors. Come join the effort in making the best FLOSS video editor in the world.

        • Developing KDE as Products

          One thing that is special about KDE software is how it can mean different things depending on your perspective. This is very powerful from a technical perspective, but can make our work harder when we want to convey what our piece of software does and how it will affect its users’ life. How do we optimize our product development towards user acquisition and support?

          At Akademy, I discussed shedding some light on the blurry lines that sometimes define our products, and did so based around the Marketing-Mix I was taught at university (so no, I’m not an expert!). I presented it first at a talk, then we had a subsequent BoF session to discuss it and see how it mapped to some projects (we did Plasma and Okular, as a test) to get acquainted with the concept.

    • Distributions

      • A New Linux Distribution has been Released

        There’s yet another Linux distribution available for the masses to try. This time around, it’s an operating system focused primarily on developers and those who work with data science. The operating system in question is Emperor-os. Created by Hossien Seilany, the aim of the OS is to provide the best tools and software for various types of programming.

        Emperor-os is a 64 bit-only version of Linux that includes five different desktops, supports numerous programming languages, and is distributed as a Live ISO image that can be easily installed.

        Emperor-os is a non-commercial distribution designed for both beginning and power Linux users, who can select from the XFCE, LXDE, Open Box, KDE Plasma, or Mate desktops, while enjoying plenty of pre-installed applications (such as WPS Office). Emperor-os also includes 600 pre-installed fonts, 22 different development tools, 260 modules, 270 installed themes, 40 icon sets, 40 games, and support for 2533 scanners and 2500 cameras.

      • Gentoo Family

        • Gentoo-Based Porteus Kiosk 5.1 Distro Adds Support for EFI-Based HP PCs, Firefox 78.3 ESR

          Porteus Kiosk 5.1 comes more than seven months after version 5.0 as a maintenance update that bumps the versions of the installed components to newer releases, and also introduces various improvements and new features.

          Still powered by the long-term supported Linux 5.4 LTS kernel series, Porteus Kiosk 5.1 is using Linux kernel 5.4.70 LTS, uses the portage snapshot 20201004, as well as the latest Mozilla Firefox 78.3.1 ESR open-source web browser, which is accompanied by the proprietary Google Chrome 85.0.4183.121 web browser.

      • SUSE/OpenSUSE

        • Join our team and help us improve the openSUSE learning experience! – openSUSE News

          For years openSUSE has meant more than one distribution. With the recent addition of Kubic and MicroOS to the Leap & Tumbleweed family, different package sets, release models and workflows can be difficult to keep tabs on. openSUSE’s ecosystem is in full blossom, but even jungles sometimes need a clearing.

          This is why a group of volunteers has taken up the task of improving the learning experience for all users – regardless of their experience and expertise. For new users, we want to make sure they can identify what best fits their needs, get the right tools and seamlessly take over from the post-installation screen. For experienced users, we want to provide them with detailed documentation that is easy to update, so that their experience and expertise can benefit others.

          We believe that from engineers to end-users, everyone deserves to have confidence not only in their OS, but in the way they’re using it. A chain of trust like this is made of a user-friendly documentation where technical details are balanced with evidence-based good practices.

      • Arch Family

      • IBM/Red Hat/Fedora

        • 10 years of OpenStack, Kubernetes at the edge, and more industry trends

          The impact: First off: 10 years! I remember hosting a “5 year OpenStack birthday party” what seemed like only yesterday. Secondly, telcos had a lot to do with the maturity of OpenStack into what it is today.

        • Call for Code University Spot Challenge – Europe, Middle East, and Africa: Students versus climate change

          Our planet is wrestling with the rapid and dramatic effects of our changing climate crisis, which is intensifying over time. Climate change has the potential to impact every human, every industry, and every living organism on the planet. It sounds extreme because it is. Global discussions surrounding climate change have focused on both prevention and immediate and necessary adaptation. Exhaustive research has confirmed changing weather patterns, rapidly rising sea levels, and extreme weather events proliferating worldwide.

          Did you know that by 2050, the global population will reach 9.8B people, exerting further pressure on the earth’s resources? And, by the year 2100, global temperatures could increase 3-5 degrees Celsius (5.4-9.0 degrees Fahrenheit). Problems like these are why IBM® became a Founding Partner of Call for Code, a multiyear challenge to developers around the world to use their skills toward solving global issues.

        • AnsibleFest 2020 Live: Day One – YouTube
        • IBM Jettisons Legacy Services To Focus On Hybrid Cloud

          Today, the Gerstner era of International Business Machines is over, and the Krishna era is truly beginning, as Big Blue is spinning out the system outsourcing and hosting business that gave it an annuity-like revenue stream – and something of an even keel – in some rough IT infrastructure waters for two over decades.

          The spinout, which IBM chief executive officer Arvind Krishna, who took over the helm of the company in April, will create an as-yet-unnamed and publicly traded company that is tentatively being called NewCo, focused on strategic outsourcing and system hosting for some 4,600 companies in 115 countries around the world. And while IBM has not said this, NewCo will also be something else: IBM’s largest customer, which has some interesting ramifications for both companies.

        • Opensource.com website updates 2020

          We’ve made some recent updates to Opensource.com that impact account registration, user profiles, and how readers comment on articles. These new and modified processes should ensure a more secure and safe website and experience for you.

          Over the last few weeks, we’ve been really busy updating and testing these new features. One is our new account creation process to reduce spam. We deployed these changes to our production environment earlier today.

      • Canonical/Ubuntu Family

    • Devices/Embedded

    • Free, Libre, and Open Source Software

      • Web Browsers

        • Mozilla

          • Follow up: Intentional Documentation

            In Q4, I’m trying to build a set of trainings to help Mozillians build data intuition. Last week, I was building a proposal for the project and I thought to myself, “Why don’t these trainings already exist?”

            I spent the first half of 2020 working with Mozilla’s product team to help build an understanding of our data and metrics. This feels like it would have been the perfect opportunity to create some scalable documentation. I’ve already invested a lot of time and energy into explaining our metrics. Why didn’t I think to document the work as I went?


            This is especially true at Mozilla. The company is constantly exploring new areas so our problem-space keeps shifting. This is in part because we’re still new to working with data and in part because the company is trying to find a way to grow.

          • Guest Blog Post: Rollback Attack – Attack & Defense

            This blog post is about a vulnerability I found in the Mozilla Maintenance Service on Windows that allows an attacker to elevate privileges from a standard user account to SYSTEM. While the specific vulnerability only works on Windows, this is not really because of any Windows-specific issue but rather about how Mozilla validated trust in files it operated on with privileged components. This vulnerability is assigned CVE-2020-15663. It was reported on Mozilla Bugzilla Bug 1643199.

            One day I read the “Mozilla Foundation Security Advisory 2019-25,” and one bug caught my attention: “CVE-2019-11753: Privilege escalation with Mozilla Maintenance Service in custom Firefox installation location.” The description mentioned that a privilege escalation was caused “due to a lack of integrity checks.” My past experience taught me that maybe the fix was to check digital signatures only. If that’s the case, then a version rollback attack may be used to bypass the fix. So, I decided to check that, and it worked.

      • Productivity Software/LibreOffice/Calligra

      • Programming/Development

        • LLVM 11.0.0 Release
          I am pleased to announce that LLVM 11 is now finally available.
          Get it here: https://releases.llvm.org/download.html#11.0.0
          This release is the result of the LLVM community's efforts over the
          past six months (up to 2e10b7a3 on trunk plus commits up to 176249bd
          on the release/11.x branch).
          One highlight is that the Flang Fortran frontend is now part of the release.
          And as usual, there are many bug fixes, optimizations, new compiler
          diagnostics, etc.
          For details, see the release notes:
          The release would not be possible without the help of everyone who
          reported, investigated and fixed bugs, pointed out patches that needed
          merging, wrote release notes, etc. Thank you!
          Special thanks to the release testers and packagers: Ahsan Saghir, Amy
          Kwan, Andrew Kelley, Bernhard Rosenkraenzer, Brian Cain, Diana Picus,
          Dimitry Andric, Florian Hahn, Martin Storjö, Michał Górny, Neil
          Nelson, Nikita Popov, Rainer Orth, Shoaib Meenai, Sylvestre Ledru, and
          Tobias Hieta!
          For questions or comments about the release, please contact the
          community on the mailing lists.
          Onwards to LLVM 12! And take care.
        • LLVM 11.0 Finally Available With Flang Fortran Compiler, Continued C++20 Work

          After being one and a half months late, LLVM 11.0 is now tagged and ready to ship.

          Release candidates not shipping on schedule and the need for additional RCs in recent weeks due to open bugs led to the LLVM 11.0 release schedule falling well off track. But in any case LLVM 11.0 is now available for download from LLVM’s GitHub repository.

        • Qt 6 Build System

          Our beloved configure script still exists. It accepts most of the options you are used to from Qt 5.

          At the moment the qmake build system is still in place. You can choose between buiding Qt with qmake or CMake. Pass -cmake to configure to use the CMake-based build.

          For the final release, expect that the qmake build system will vanish together with the need to pass -cmake.

        • There and Back Again – fixing a 10-year-old bug in QNAM – KDAB -

          A few days ago, a customer using our KD Soap library reported an interesting problem with it. The library worked perfectly to access the SOAP server, but there was some noticeable latency when doing a series of requests in short succession from the client. This latency should not have been there, as both the server and the client were in the same local network.

          An investigation began, regarding whether the client code or KD Soap were doing something suboptimal, like reconnecting to the server all the time, or something like that. The actual reason turned out to be something much more profound: a 6-year-old bug in QNetworkAccessManager (at least, that’s when it was reported. I think the bug is at least 10 years old…)

        • OpenCV 4.5 Released With Support For Multiple OpenCL Contexts, OpenVINO Backend

          OpenCV as the widely-used, real-time computer vision library is out this week with version 4.5 as a big feature release.

          OpenCV 4.5 brings OpenCL support for multiple contexts, its DNN module now supports OpenVINO 2020.1 as a possible back-end for inference, and there are optimizations to the NVIDIA CUDA DNN code path. OpenVINO supports inference on both CPUs and Intel graphics hardware.

        • plocate 1.0.0 released

          I’ve released version 1.0.0 of plocate, my faster locate(1)! (Actually, I’m now at 1.0.2, after some minor fixes and improvements.) It has a new build system, portability fixes, man pages, support for case-insensitive searches (still quite fast), basic and extended regex searches (as slow as mlocate) and a few other options. The latter two were mostly to increase mlocate compatibility, not because I think either is very widely used. That, and supporting case-insensitive searches was an interesting problem in its own right :-)

          It now also has a small home page with tarballs. And access() checking is also now asynchronous via io_uring via a small trick (assuming Linux 5.6 or newer, it can run an asynchronous statx() to prime the cache, all but guaranteeing that the access() call itself won’t lead to I/O), speeding up certain searches on non-SSDs even more.

        • Performance Can Only Increase – Mike Blumenkrantz – Super. Good. Code.

          Well, as I’m now caching descriptor sets across descriptor pools, it occurred to me that, assuming my descriptor state hashing mechanism is accurate, all the resources used in a given set must be identical. This means that all resources for a given type (e.g., UBO, SSBO, sampler, image) must be completely identical to previous uses across all shader stages. Extrapolating further, this also means that the way in which these resources are used must also identical, which means the pipeline barriers for access and image layouts must also be identical.

          Which means they can be stored onto the struct zink_descriptor_set object and reused instead of being accumulated every time. This reuse completely eliminates add_transition() from using any CPU time (it’s the left-most block above update_sampler_descriptors() in the first graph), and it thus massively reduces overall time for descriptor updates.

          This marks a notable landmark, as it’s the point at which update_descriptors() begins to use only ~50% of the total CPU time consumed in zink_draw_vbo(), with the other half going to the draw command where it should be.

        • Perl/Raku

          • San Diego Perl Mongers Meeting, Tuesday, October 13th

            This is a quick reminder that the quarterly San Diego Perl Mongers meeting will be occurring on Tuesday evening, starting at our normal time of 7 PM PDT. As has been for the last several meetings, we’re going to meet online, as in-person meetings are discouraged, and online meetings seem to be a bit more popular.

          • Tau Station, The Internal Adventures: DBIx::Class::Row cache (avoid the rabbits!)

            Tau Station, “the free-to-play narrative sci-fi MMORPG (TM)”, has a nicely complex database. Currently, we have 190 tables with 740 relationships between those tables. DBIx::Class does an amazing job at managing that complexity, since each relationship is simply an accessor on the DBIx::Class::Row object.

            However, there is a subtle issue when using those relationship accessors. Using a relationship accessor creates a new Row object and stores it in the calling object. This behavior can easily leads to duplicate DBIC Row objects for a single database row. At best, the duplicates cause wasted resources duplicating the Rows. At worst, they cause update anomalies, since updates done to one Row object are not seen by the duplicate objects.

            With a highly-connected schema like we have in Tau Station, trying to handle the object duplication can pretty soon feel like we’re trying to handle rabbits in Australia.

            In order to avoid this Row duplication, we have developed a cache of DBIC Row objects that is shared within the application. In most cases, this allows us to ensure that we have one DBIC Row object per database row while processing an HTTP request, avoiding those subtle update anomalies.

        • Python

          • Datalore by JetBrains: Online Jupyter Notebooks Editor With PyCharm’s Code Insight – PyCharm Blog | JetBrains

            If you work with Jupyter Notebooks and want to run code, produce heavy visualizations, and render markdown online – give Datalore a try. It comes with cloud storage, real-time collaboration, notebook publishing, and PyCharm’s code insight. In this blog post we’ll give you a quick introduction to what you can do in Datalore.

          • Introduction To Golang For Python developers
          • Case Study: Processing Historical Weather Pattern Data – Practical Business Python

            The main purpose of this blog is to show people how to use Python to solve real world problems. Over the years, I have been fortunate enough to hear from readers about how they have used tips and tricks from this site to solve their own problems. In this post, I am extremely delighted to present a real world case study. I hope it will give you some ideas about how you can apply these concepts to your own problems.

            This example comes from Michael Biermann from Germany. He had the challenging task of trying to gather detailed historical weather data in order to do analysis on the relationship between air temperature and power consumption. This article will show how he used a pipeline of Python programs to automate the process of collecting, cleaning and processing gigabytes of weather data in order to perform his analysis.

          • Print Latest Space Events With Nextinspace In Terminal – OSTechNix

            Curious to know what’s happening in Space? Wondering when is a satellite or a spaceflight is going to be launched? Try Nextinspace, a command line program to print latest Space events in Terminal. Nextinspace uses Launch Library 2 API to fetch the details of upcoming Space-related events and orbital launches. All from command line! It is written in Python programming language and released under GPL-3.0 License.

          • Beginning steps to create a Stockfish chess application » Kibiwebgeek

            I am a chess player and I like to play chess, in order to improve my chess skill recently I have decided to create a chess application which I can play with so I can further improve my chess skill and get ready to face a stronger opponent in a site like lichess. The below chess application will take me around a year to complete and I will show you all the progress from time to time.

          • PyDev of the Week: Sean Tibor – The Mouse Vs. The Python

            This week we welcome Sean Tibor (@smtibor) as our PyDev of the Week! Sean is the co-host of the Teaching Python podcast. He has been a guest on other podcasts, such as Test & Code and is the founder of Red Reef Digital.

          • What’s the easiest way to boost your career as a software developer? Learn to touch type. — Reuven Lerner

            I’ve been a professional programmer for about 30 years, self-employed for 25 years, and doing full-time corporate Python training for more than a decade.

            I run a small business, which involves me writing, programming, and teaching, as well as handling all of the business-related stuff.

            So, what’s my most important skill, the thing that helps me get lots accomplished in a short period of time? Easy: My ability to touch type.

          • Ned Batchelder: Ordered dict surprises

            Since Python 3.6, regular dictionaries retain their insertion order: when you iterate over a dict, you get the items in the same order they were added to the dict. Before 3.6, dicts were unordered: the iteration order was seemingly random.

          • Test & Code : Python Testing for Software Engineering 134: Business Outcomes and Software Development

            Within software projects, there are lots of metrics we could measure. But which ones really matter. Instead of a list, Benjamin Harding shares with us a way of thinking about business outcomes that can help us with every day decision making.

          • Return a list of multiply numbers with Python

            In this simple exercise from CodeWars, you will build a function program that takes a value, integer and returns a list of its multiples up to another value, limit. If the limit is a multiple of integer, it should be included as well. There will only ever be positive integers passed into the function, not consisting of 0. The limit will always be higher than the base.

          • Add Legend to Figure in Matplotlib

            Matplotlib is one of the most widely used data visualization libraries in Python. Typically, when visualizing more than one variable, you’ll want to add a legend to the plot, explaining what each variable represents.

          • Using ggplot in Python: Visualizing Data With plotnine – Real Python

            In this tutorial, you’ll learn how to use ggplot in Python to create data visualizations using a grammar of graphics. A grammar of graphics is a high-level tool that allows you to create data plots in an efficient and consistent way. It abstracts most low-level details, letting you focus on creating meaningful and beautiful visualizations for your data.

            There are several Python packages that provide a grammar of graphics. This tutorial focuses on plotnine since it’s one of the most mature ones. plotnine is based on ggplot2 from the R programming language, so if you have a background in R, then you can consider plotnine as the equivalent of ggplot2 in Python.

          • Wing Tips: Debug Docker Compose Containerized Python Apps with Wing Pro

            This Wing Tip describes how to configure Docker Compose so that Python code running on selected container services can be debugged with Wing Pro. This makes it easy to develop and debug containerized applications written in Python.

  • Leftovers

    • Marco Zehe: 25 years of Help Tech and Me

      It makes a difference whether blindness-specific products are being developed for the blind by sighted people who believe they know what a blind user might need, or whether devices and functions are being developed by the blind for the blind.

    • Health/Nutrition

      • Lawyers ponder impact of COVID cocktail lawsuit

        Allele Biotech explains why it sued over tech used to treat Trump for COVID – and lawyers debate whether the case indicates future such litigation

      • Written Description: What is—and should be—the military’s role in COVID-19 research?

        A recent STAT News report found that Operation Warp Speed—the government’s Manhattan Project-style effort to quickly develop a COVID-19 vaccine—has substantial military involvement. Although it might initially seem counterintuitive to think of the virus as a military issue, the military’s involvement is part of a long history of government military spending on public health aims. What has been the role of military involvement and spending on preventing and treating diseases with pandemic potential? What’s different, if anything, for COVID? And what should policymakers and scholars be focused on going forward?


        The military has played an important role in fighting infectious diseases throughout U.S. history, particularly when these diseases have threatened U.S. servicemembers. George Washington’s Continental Army created the first organized program to prevent smallpox after half of the 10,000 soldiers around Quebec caught the disease in 1776. Widespread yellow fever among U.S. troops during the Spanish-American War of 1898 spurred the U.S. Army to study the disease, determining that mosquitoes were responsible for its spread and laying the groundwork for a vaccine. After WWII, a 1953 respiratory disease outbreak among Army troops led researchers at the Walter Reed Army Institute of Research to identify a new adenovirus family and to create a vaccine a record-breaking three years later, in 1956.

        More recently, military researchers have helped develop candidate vaccines for HIV and malaria, in addition to helping with development and distribution of HIV and malaria treatments. As Professor Ana Santos Rutschman has documented, the military also has played an important role in the efforts to develop Ebola and Zika vaccines.

        These efforts occur across the service branches as well as through the Defense Advanced Research Projects Agency (DARPA). Of the 238 sponsored projects currently listed on DARPA’s website, 15 are disease related, including a project with five teams of researchers focused on targeting pathogens in animals before they jump to humans and a project to produce protective antibodies for first responders to halt any outbreak within 60 days. These moonshot plans may sound like science fiction for now, but DARPA has successfully spurred past breakthroughs ranging from technology that formed the basis of the Internet (ARPANET) to the use of graphical user interfaces. DARPA’s creativity is not limited to the high-risk projects it funds; it has also experimented with novel methods of providing innovation funding, such as the $500,000 prize fund offered for predicting chikungunya epidemics across the Americas for a six-month period.

    • Integrity/Availability

      • Proprietary

        • Security

          • Restarting Reproducible Builds IRC meetings

            The Reproducible Builds project intends to resume meeting regularly on IRC, starting today, Monday October 12th, at 18:00 UTC.

            Sadly, due to the unprecedented events in 2020, there will be no in-person Reproducible Builds event this year, but please join us on the #reproducible-builds channel on irc.oftc.net. An editable agenda is available. The cadence of these meetings will probably be every two weeks, although this will be discussed and decided on at the first meeting.

          • Security updates for Monday

            Security updates have been issued by Debian (eclipse-wtp, httpcomponents-client, rails, and spice), Fedora (crun, oniguruma, and podman), openSUSE (grafana, kdeconnect-kde, kernel, nextcloud, nodejs10, nodejs8, and permissions), Oracle (kernel), and SUSE (tigervnc).

    • Defence/Aggression

      • The New Humanitarian | The volunteer fighters on Burkina Faso’s front line

        When Burkina Faso’s government called for civilians to fight against the jihadists terrorising their communities, Amadoum Tamboura was stirred to act. But the weapons the politicians promised never arrived, leaving the 56-year-old defenceless as militants attacked his village.
        “We were told our mission was to protect our community. [But] you can’t use your bare hands,” said Tamboura, who fled along with hundreds of others and now lives in the northern town of Kongoussi.
        Hundreds of civilians in towns and villages across extremist-hit parts of Burkina Faso have signed up to protect their communities and combat jihadist groups since a new law – known as the Volunteers for the Defence of the Homeland Act – passed through parliament in January.
        The government, which wouldn’t provide a precise number of volunteers enrolled, had hoped the flagship initiative would bolster its demoralised army following waves of jihadist and inter-communal violence that have uprooted more than one million people – most since the beginning of last year.
        But nine months into the programme, volunteers who were supposed to receive weapons and two weeks of training from the government told The New Humanitarian they were ill-equipped and often too afraid to fight the better-armed and battle-hardened militants.
        And several residents who live in areas where the vigilante groups operate accused the men of abusive behaviour – from stealing cattle to attacking those accused of collaborating with the jihadist militants. Many also worry they will be attacked by the jihadists, if they are suspected of supporting the volunteers.
        Last week, 25 displaced people travelling in a convoy back to their village were killed by extremists who cited the presence of volunteers in the area as a motive for the attack, according to several witnesses who spoke to TNH.

      • Democrat’s praise of strict gun law roils Kansas Senate race

        Republicans on Sunday circulated a video of the Democrats’ candidate for an open U.S. Senate seat in Kansas praising strict Australian gun laws that she said “took them all away” to undercut her campaign as a political moderate in what’s been an unexpectedly tough red-state race for the GOP.

        Democrat Barbara Bollier’s spokeswoman accused Republican Roger Marshall’s campaign of being “duplicitous” in highlighting the video from an Oct. 3 “lawn chair chat” at a Kansas City-area park. Bollier’s campaign released longer audio from the same event that included moments in which Bollier said she supports the Second Amendment to the U.S. Constitution protecting gun rights and recalled hunting with her father.

    • Monopolies

      • ProtonMail Reveals Apple Forced it to Add In-App Purchases

        Apple has been under the gun for the past few months with developers complaining about the 30-percent cut it demands in in-app purchasing fees in the app store. Through congressional testimony on the possible monopolies of the company, along with Amazon, Facebook, and Google, more was learned about that process. The ProtonMail developer revealed that Apple forced it to add in-app purchases even though the app had always been free.

      • Patents

        • Patent case: Autoantikörpernachweis, Germany

          The use of a generally available tool (here: reverse sandwich assays) can involve an inventive step if the advantages pursued and provided by the invention do not materialize without further effort and if the skilled person would not have found (sufficient) motivation in the state of the art to consider that this tool was suitable and could be used without difficulty for the intended use.

        • Germany tries again to ratify Unified Patent Court-Agreement

          A bill for approval of the Agreement on the Unified Patent Court (UPCA), legislation that would allow Germany to ratify this convention and to participate in this international patent court system, was introduced into the Bundestag on 28 September and is now being reviewed by parliamentary committees ahead of a formal vote in which lawmakers will be seeking a two-thirds majority.


          Having the Bundestag and Bundesrat pass this legislation again with a two-thirds majority should satisfy the objections of the Federal Constitutional Court and finally result in the establishment of the UPC. The fact that the UK has in the meantime left the EU and, as a follow-up to Brexit, announced that it no longer wishes to participate in the European unified patent system is briefly mentioned in the bill’s introduction. These brief remarks, however, contain some disputed elements, which will likely give rise to considerable legal discussions even if the German parliament passes the bill with the necessary qualified majority.

        • German Parliament refers UPC bill to committees for consideration on first reading

          The Bundestag has reported here on its first reading on Thursday, 8th October of the draft legislation required for Germany to ratify the Unified Patent Court (UPC) Agreement and the Protocol on Provisional Application.


          It was after the Bundesrat’s approval that the constitutional complaint against the previous bill was filed, and (as reported here) there remains the risk of another constitutional complaint.

        • Software Patents

          • [Guest post] USPTO’s report “Public Views on AI and IP Policy”. What does the industry think about AI inventions?

            Recently published by the USPTO, the report entitled “Public Views on Artificial Intelligence and
            Intellectual Property Policy” discusses various aspects of the AI/IP policy relationship, following the initial conference held in January 2019 and the following requests for comments (RFC) made in August and November 2019 by the American agency.

            Primarily patent driven, the report covers many aspects related to the AI and IP discussion, including AI’s impact on patenting as well as inventorship, ownership, eligibility, disclosure and the level of the ordinary skill in the art and others.

            Close to 200 comments were received between the two RFC. The USPTO has tried to provide us with a balanced summary of the views expressed throughout the year, whilst reaffirming the current state of US law.

      • Copyrights

        • Written Description: Google v. Oracle and the search for an analogy

          I had the pleasure of listening to the Supreme Court oral argument in near real-time from the comfort of my desk last Wednesday, one of the few positives to come out of this pandemic. There’s a lot to say about it, but I won’t do a full recap here or make any predictions. I’ll likely follow-up after the opinion.

          But one thing that struck me was the Court’s struggle to find an analogy. I’m not the only person to point this out, of course, because it was palpable. Google used a filing cabinet as an analogy in its briefing, and that fell flat, never mentioned during argument. Other analogies, including essential facilities, football playbooks, qwerty keyboards, telephone switchboards, and grocery organizations had varying degrees of success in capturing the issues at play in the case.

          It occurred to me that perhaps an appropriate analogy would have been a remote control – this is something that uses APIs, but that the Court could have wrapped its collective mind around.

          Consider a television set. It has an infrared detector that receives various a series of pulses that coincide with different functions: on, off, volume up, volume down, input selection, etc. The remote control has a list of these commands built into its memory. When the appropriate button is pressed, a lookup command finds the proper set of pulses, and sends them. I realize that this may be done via hardware, but not necessarily and even if so, the analogy still works to illustrate the consequences.

Microsoft 2020 Spin: We’re a Tiny Little Startup Challenging Giant and Evil Monopolies

Posted in Antitrust, Apple, Deception, Google, Microsoft at 5:07 pm by Dr. Roy Schestowitz

Florian Müller  on Microsoft hypocrisy

Florian Müller  on Microsoft hypocrisy

Summary: Florian Müller, who studied this case in great depth and was even paid by Microsoft at one point, calls out Microsoft’s bluff, as does the judge

Transcripts of Bill Gates’ Lies: Part II

Posted in Antitrust, Bill Gates, Courtroom, Microsoft at 4:55 pm by Dr. Roy Schestowitz

Part 2 (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

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

6 Plaintiff, )
7 vs. ) No. CIV 98-1232(TPJ)
) (Morning Session)
9 Defendant. )
10 )
14 BILL GATES, a witness herein, taken on behalf of the
15 plaintiffs at 9:09 a.m., Friday, August 28, 1998, at
16 One Microsoft Way, Redmond, Washington, before
17 Kathleen E. Barney, CSR, pursuant to Subpoena.
Kathleen E. Barney,
24 CSR No. 5698
Our File No. 1-49006

450 Golden Gate Avenue
5 Box 36046
San Francisco, California 94102
6 (415) 436-6660

8 80 Business Park Drive
Armonk, New York 10504-1710
9 (914) 273-9800
13 One Microsoft Way
Redmond, Washington 98052
14 (425) 936-3103
16 125 Broad Street
New York, New York 10004
17 (212) 558-3546
22 120 Broadway
New York, New York 10271-0332
23 (212) 416-8275
MICHEL CARTER, Video Operator

2 I N D E X
4 Bill Gates Mr. Boies 279
8 365 E-mail from Bill Gates to Paul 299
366 E-mail from Don Bradford to Ben 310
10 Waldman
11 367 E-mail from Ben Waldman to Greg 315
368 E-mail from Bill Gates to Ben 316
13 Waldman
14 369 Series of e-mails, the first of 327
which is from Joachim Kempin to
15 Bill Gates
16 370 E-mail from Don Bradford to various 350
371 Series of e-mails, the first of 354
18 which is from Paul Maritz to Bill
Gates and Bob Muglia

2 a witness herein, having been duly sworn, was deposed
3 and testified further as follows:
5 EXAMINATION (Continued)
7 Q. Good morning, Mr. Gates.
8 Are you going to be a witness at the
9 trial of this matter?
10 MR. HEINER: Objection.
11 THE WITNESS: I don't know.
12 Q. BY MR. BOIES: Do you intend to be a
13 witness at the trial of this matter?
14 MR. HEINER: Objection to this line of
15 questioning. The witness list comes out next week
16 and there is a court order in place on this.
17 MR. BOIES: I'm entitled to ask the
18 witness whether he intends to appear at trial. You
19 people have certainly done that with witnesses. I
20 think it is a common question. If you instruct him
21 not to answer, you can instruct him not to answer.
22 MR. HEINER: I haven't done that. I've
23 posed an objection.
24 Q. BY MR. BOIES: Do you intend to be a
25 witness at trial?

1 A. I don't know.
2 Q. All right.
3 MR. BOIES: And the purpose, obviously,
4 was because if we knew whether he was going to be a
5 witness at trial, that might shorten and change the
6 examination. It's a common question. I don't know
7 why you object to it.
8 Q. Mr. Gates, when did you first become
9 concerned about the competitive threat that Netscape
10 posed to Microsoft?
11 A. I know by late '95 we were thinking of
12 Netscape as one of our many competitors, so I think
13 it would have been around then.
14 Q. When did you first become concerned
15 about the competitive threat that Java posed to
16 Microsoft?
17 A. Well, Java as a computer language does
18 not pose a competitive threat to Microsoft. There is
19 some runtime work that various people, companies are
20 doing with different APIs, including Sun, that
21 represent platform competition. So you have to be
22 careful about how you talk about Java.
23 Q. Do you talk about Java as a competitive
24 threat to Microsoft, Mr. Gates?
25 A. There's a lot of documents and

1 understanding inside Microsoft that Java the
2 language, which if you take the term Java on the face
3 of it and then in some context that it refers to,
4 that that is not a competitive threat. In fact, we
5 are the leading vendor of Java language development
6 tools. Sometimes in the right context when people
7 use that term, they're talking about various runtime
8 activities. But, you know, you have to look pretty
9 carefully at the context.
10 Q. My question right now doesn't go to
11 what various people within Microsoft have said or
12 believe. My question goes to what you have said. Do
13 you refer -- have you referred to Java as a
14 competitive threat to Microsoft?
15 A. The Java runtime activities are a
16 competitive threat to Microsoft. Java itself is not.
17 So if I use the term Java that way, I'm careful to
18 make sure people know I'm talking about the runtime
19 piece.
20 Q. Have you sometimes as a shorthand
21 referred to Java, as opposed to what you now say as
22 the Java runtime activities, as a competitive threat
23 to Microsoft?
24 A. I may have if I made it clear what I
25 meant.

1 Q. And by making it clear what you meant,
2 can you explain what you mean by that?
3 A. To draw the distinction between Java
4 the language and the runtime activities around Java,
5 the APIs being created there by various companies.
6 Q. Have you received e-mail from people
7 that described Java as a competitive threat to
8 Microsoft?
9 A. Well, inside Microsoft the context of
10 the various pieces of Java, including in a lot more
11 detail than I've had a chance to explain to you so
12 far, is well understood. And so we use a lot of
13 shorthands for a lot of things that confuse people
14 who just look at the e-mails.
15 MR. BOIES: Can I have the question
16 read back, please.
17 (Record read.)
18 THE WITNESS: Under the scenario I
19 described, it's possible that people would do that in
20 e-mail.
21 Q. BY MR. BOIES: When you say "under the
22 scenario that I described," what scenario are you
23 talking about?
24 A. The scenario is people inside Microsoft
25 who have an understanding of the various pieces of

1 Java who are communicating with each other.
2 Q. Let me try to be clear. My question
3 does not encompass any scenario. My question is
4 simply have you received e-mail from people within
5 Microsoft that described Java as a competitive threat
6 or assert that Java is a competitive threat to
7 Microsoft?
8 MR. HEINER: Objection. You have a
9 very full answer, precise and clear, to that
10 question. The witness may answer again.
11 THE WITNESS: Yeah, I've described the
12 circumstances under which it's possible I've gotten
13 an e-mail like that.
14 Q. BY MR. BOIES: My question is not what
15 are the circumstances under which it is possible that
16 that happened. My question is have you received
17 e-mail from people in Microsoft that assert that Java
18 is a competitive threat to Microsoft?
19 A. It's possible there is someone who,
20 having the right context about the pieces that are
21 entailed in Java, may have used that as a shorthand
22 for the piece we consider a competitive threat.
23 Q. My question is not what is possible but
24 what you recall. If you don't recall ever receiving
25 an e-mail in which somebody from Microsoft asserted

1 that Java was a competitive threat, that's an answer
2 to my question. You can say "Yes," "No," "I don't
3 recall," but --
4 A. I don't recall a specific piece of
5 mail. I think there is a good chance I've received
6 mail where somebody used that kind of shorthand.
7 Q. Now, have you used that kind of
8 shorthand, that is, have you personally asserted that
9 Java is a competitive threat to Microsoft?
10 A. Well, I always object to -- you're
11 acting like the assertion stands by itself. There is
12 a shorthand that I've told you about, so no, I've
13 never asserted that statement. We use the term Java
14 in a variety of contexts and if you want to show me a
15 context, I'll answer. But the assertion on the face
16 of it is wrong unless somebody is using the term Java
17 in a very special way.
18 Q. What I'm asking you, Mr. Gates, is
19 whether you have used Java in what you described as
20 the very special way to refer, as a shorthand, to
21 whatever it is that you believe constitutes a
22 competitive threat to Microsoft?
23 A. I don't remember a specific document
24 where I did, but I think it's quite likely that with
25 certain people I used that shorthand.

1 Q. Okay. When you use Java as a shorthand
2 in describing Java as a competitive threat to
3 Microsoft, am I to understand that what you mean in
4 that context is to refer to what you have described
5 here as the Java runtime activities?
6 A. If you want to get into what we mean by
7 the shorthand, you'll have to show me a specific
8 context because sometimes it might mean EJB,
9 sometimes it might just mean the VM, sometimes it
10 might mean AWT, sometimes it might mean JFC. I mean
11 I'll be glad to clarify any particular case. You
12 have to have the context.
13 Q. If necessary we'll go through each one
14 context by context, although that's obviously a
15 lengthy procedure, but let me see if I can try to get
16 some general principles.
17 When you refer to Java as a competitive
18 threat to Microsoft, what do you mean?
19 A. I've told you it depends on the
20 context.
21 Q. Why don't you list each of the
22 different things that you mean when you describe Java
23 as a competitive threat to Microsoft.
24 A. I don't know what you mean. You're
25 asking me to recall every context where I might have

1 ever used that shorthand?
2 Q. Well, I'm asking you to tell me every
3 context that you do recall.
4 A. I've told you I don't recall any
5 specific document where I've used the shorthand. I
6 can give you several contexts where it's very likely
7 that I have.
8 Q. If that's the best you can do, let's
9 start with that.
10 A. Well, there's the context of server
11 middleware APIs and EJB discussion. And people who
12 write three-tier applications, what APIs are they
13 likely to develop their applications against.
14 Q. And why does Java, in your view,
15 represent a competitive threat to Microsoft with
16 respect to server middleware or EJBs?
17 A. I've told you that Java itself is not
18 the competitive threat. I'm telling you the thing
19 that is the competitive threat, so when you rephrase
20 it to say Java is the competitive threat, that's just
21 the shorthand term. The competitive threat is the
22 APIs and the EJB and the other middleware layers that
23 people are putting together.
24 Q. Well, Mr. Gates, in your view does Java
25 play, itself, any role in what you view as a

1 competitive threat to Microsoft?
2 A. Java the language?
3 Q. Yes, let's start with Java the
4 language.
5 A. No.
6 Q. When you refer to Java as a competitive
7 threat, why do you use the word Java as shorthand for
8 what you now say doesn't relate to Java?
9 MR. HEINER: Objection.
10 THE WITNESS: I didn't say that. It
11 certainly relates to Java. Java runtime relates to
12 Java. I mean give me a break.
13 MR. BOIES: Move to strike the answer
14 as nonresponsive.
15 MR. HEINER: Objection to the question
16 as grossly misstating the prior testimony.
17 MR. BOIES: You can object all you
18 want, but if your object is to get this deposition
19 over with, I would suggest that you make your
20 objections before the question and not as a speech to
21 try to support the witness after the witness begins
22 to engage in that kind of colloquy.
23 MR. HEINER: It certainly was a short
24 speech, wasn't it?
25 Q. BY MR. BOIES: Mr. Gates, you know

1 perfectly well that you and lots of other people
2 within Microsoft describe Java, J-a-v-a, without
3 talking about runtimes or EJBs or server middleware,
4 but Java, J-a-v-a, as a competitive threat. You know
5 that, don't you?
6 A. I've told you that when we talk about
7 the Java runtime threat, we often use Java as a
8 shorthand for that. We haven't come up with another
9 term for the Java runtime competitive threat in its
10 various forms.
11 Q. When did you first become concerned
12 about the Java runtime threat to Microsoft?
13 A. Well, there have been a lot of changes
14 in the strategies of Sun and various people. I know
15 there was talk about Java in the second half of '95
16 but, you know, I don't think we really understood
17 what the various people around were doing. Sometime
18 in '96 when Sun was doing its promotion of writing
19 applications strictly to the Java runtime, to their
20 Java runtime, which is one of them, and in fact they
21 have multiple, then we would have looked at that as
22 something we needed to understand and decide how it
23 affected our strategy.
24 Q. My question is not when you decided you
25 needed to look at Java to decide something. My

1 question is when did you first conclude that what you
2 have referred to as the Java runtime threat was a
3 competitive threat to Microsoft?
4 MR. HEINER: Objection.
5 THE WITNESS: Well, it gets a little
6 complicated because there's some even runtime pieces
7 of Java that we support, but there are some things
8 that people are doing in those runtimes that we have
9 a different approach. But that's all, you know, more
10 recent in terms of understanding how -- what our
11 products are going to do.
12 Q. BY MR. BOIES: My question is when did
13 you first conclude that what you have described as
14 the Java runtime threat was a competitive threat to
15 Microsoft?
16 A. I think there was a lot of discussion
17 about what to do with Java and Java runtime things
18 and there was a part of what Sun was doing that by
19 late '96 we had decided not -- there were some
20 extensions they were doing in late '96 that we
21 thought of as competitive.
22 Q. Do I understand that last answer to be
23 that it would not have been until late 1996 that you
24 considered what you have described as the Java
25 runtime threat as a competitive threat to Microsoft?

1 A. Well, you use the word "conclude" and
2 there's a long period of time where there is a lot of
3 thinking about Java runtime inside Microsoft where
4 people are going back and forth. And some people
5 will say hey, this is fine, it's not competitive and
6 then somebody would say hey, maybe it is competitive.
7 So there's a lot of going back and forth. So when
8 you use the term "conclude," I assume you're talking
9 about a point at which there is a clear opinion and
10 not just a lot of debate, you know, even -- you know,
11 my view being established. And so then I think
12 you've got to go as late as late '96 before there's
13 much clarity at all.
14 Q. I think you may have answered the
15 question, but I want to be sure because my question
16 relates not to what other people were saying within
17 Microsoft but what you believed. And what I'm trying
18 to find out is when you, Bill Gates, first believed
19 that what you have described as the Java runtime
20 threat was a competitive threat to Microsoft?
21 A. Well, you used the word "conclude"
22 and --
23 Q. Actually, in this last question I used
24 the word "believe."
25 A. So you're changing the question?

1 Q. Well, if believe and conclude is
2 different for you, I'll ask it both ways.
3 A. Yeah, it's very different. In late --
4 Q. Then let me ask the question so the
5 record is clear what you're answering.
6 A. You don't want to let me answer the
7 last one?
8 Q. If that's what you're going to answer,
9 let's read the question back.
10 Would you reincorporate the question so
11 the record is clear that what follows is intended to
12 be a response to this particular question.
13 (The record was read as follows:
14 "Q. I think you may have answered
15 the question but I want to be sure because my
16 question relates not to what other people were
17 saying within Microsoft but what you believed.
18 And what I'm trying to find out is when you,
19 Bill Gates, first believed that what you have
20 described as the Java runtime threat was a
21 competitive threat to Microsoft?")
22 THE WITNESS: In the first part of '96
23 there were -- I was getting a lot of different
24 opinions about Java runtime and what Sun was doing
25 and what we should do. I wouldn't say that I

1 believed firmly that it was a competitive threat
2 because that all depended on what Sun was doing, what
3 other companies were doing, and what we were going to
4 do. By late '96 I think we had -- or I had a view
5 that what Sun was doing was a competitive activity.
6 Q. BY MR. BOIES: When you talk about
7 having a view that what Sun was doing was a
8 competitive activity, do you use the term "activity"
9 to mean the same thing that you meant before when you
10 used the term "threat"?
11 A. You were the one who used the term
12 "threat." I'm not quite sure. It was competitive.
13 Is something that is competitive always a competitive
14 threat? I'm not sure.
15 Q. Mr. Gates, I think the record will
16 show, and if necessary we can go back to it, that you
17 used the term "Java runtime threat." Do you recall
18 doing that?
19 A. Yes.
20 Q. Okay. Now --
21 A. That's not the same as competitive
22 threat.
23 Q. Well, when you used the Java runtime
24 threat phrase, what did you mean by threat?
25 A. I meant that it was competitive.

1 Q. And so you were using, in that context,
2 threat and competitive to mean the same thing?
3 A. Yes.
4 Q. Okay. Now, using threat in the same
5 sense that you were using it to mean competitive, I
6 want to ask what you said was the different question
7 from what you believed. When did you conclude that
8 the Java runtime threat was a competitive threat to
9 Microsoft?
10 A. By late '96 I thought of it as
11 competitive.
12 Q. And when you use the word "thought"
13 there, are you using it to mean what you have said
14 you meant by believe as well as what you said you
15 meant by conclude?
16 A. I mean by then it was pretty clear to
17 me it was another thing we had to think of in terms
18 of the list of the competitors, as opposed to earlier
19 where I wasn't sure of that.
20 Q. What did you do to try to respond to
21 what you have described as the Java runtime threat?
22 A. The same thing we always do, just
23 innovate in our products and use the customer
24 feedback to delight them so that they choose to
25 license our products.

1 Q. Did you do anything else to try to
2 respond to what you described as the Java runtime
3 threat?
4 A. Well, we try to understand from
5 customers what they're doing and how our strategy
6 might appeal versus someone else's strategy and then
7 go back and look at our strategy to see if we can
8 make it better.
9 Q. Did you do anything else?
10 A. I'm not sure what you mean. I mean our
11 whole activity here, everything we do really comes
12 under what I just described.
13 Q. Everything Microsoft does comes under
14 what you've described; is that your testimony, sir?
15 A. Uh-huh.
16 Q. Well, sir, does trying to undermine Sun
17 come within the activity that you've just described?
18 MR. HEINER: Objection.
19 THE WITNESS: I don't know what you
20 mean by that.
21 Q. BY MR. BOIES: You don't?
22 A. No.
23 Q. Have you ever had discussions within
24 Microsoft about the desirability of trying to
25 undermine Sun because of what Sun was doing in Java?

1 A. I said to you part of our activity is
2 to go out and work with customers to see what it
3 takes to have them choose to license our products.
4 And that's in competition with many other companies,
5 including Sun.
6 MR. BOIES: Would you read back the
7 question, please.
8 (Record read.)
9 THE WITNESS: We've certainly had
10 discussions about making our products better than
11 Sun's and other competitors in any area that people
12 might think of them as desirable.
13 MR. BOIES: Would you read the question
14 back, please.
15 (Record read.)
16 MR. HEINER: Mr. Gates, there is no
17 question pending now. Mr. Boies is having the court
18 reporter read back repeatedly the same question, but
19 there is no question actually pending at the moment.
20 MR. BOIES: The question that was read
21 back is pending, Mr. Heiner.
22 THE WITNESS: I answered that question.
23 MR. BOIES: Would you read back the
24 question and the answer.
25 (The record was read as follows:

1 "Q. Have you ever had discussions
2 within Microsoft about the desirability of
3 trying to undermine Sun because of what Sun
4 was doing in Java?
5 A. I said to you part of our activity
6 is to go out and work with customers to see
7 what it takes to have them choose to license
8 our products. And that's in competition with
9 many other companies, including Sun.")
10 Q. BY MR. BOIES: I'm not now talking
11 about what you do in competition with other products
12 or other companies. What I'm talking about is
13 whether or not you've had discussions with people
14 within Microsoft in which you talked about the need
15 to undermine Sun, using those words, if that will
16 help you, within Microsoft?
17 A. I don't remember using those words.
18 Q. You don't?
19 A. No.
20 Q. Do you think you did use those words or
21 you just don't know one way or the other?
22 A. I don't know.
23 Q. Would it be consistent with the way you
24 felt about Java for you to have told people that you
25 wanted to undermine Sun?

1 A. As I've said, anything about Java
2 you've got to show me a context before I can answer
3 because just the term Java itself can mean different
4 things.
5 Q. Well, let me try to approach it this
6 way, Mr. Gates. Have you ever told anyone,
7 regardless of what you meant by it, that you wanted
8 to undermine Java or undermine Sun or undermine Java
9 because of Sun, any of those?
10 MR. HEINER: And to be completely
11 precise, the actual question is merely whether the
12 witness recalls using that particular word,
13 regardless of meaning, just that word?
14 MR. BOIES: Yes. And if he does
15 recall, I'll ask him what he meant by it.
16 MR. HEINER: I understand.
17 THE WITNESS: I said I don't recall
18 using that word.
19 Q. BY MR. BOIES: Would it have been
20 consistent with the way that you felt about Sun and
21 about Java for you to have used that word?
22 And if you don't understand the
23 question, I'll rephrase it.
24 A. Well, Sun's message to the market and
25 ours aren't the same and so there is, as part of that

1 competition, a desire to get people to understand our
2 message and what we're providing versus their message
3 and what they're providing. So in that sense there
4 could have been a discussion around that topic. But
5 I still don't know if the word "undermine" was ever
6 used.
7 Q. Did you have discussions with Apple
8 that were directed towards attempting to reduce or
9 eliminate competition, Mr. Gates?
10 MR. HEINER: Objection.
12 Q. BY MR. BOIES: Did you have discussions
13 with Apple in which you were trying to get Apple to
14 agree to help you undermine Sun?
15 A. There was some discussion about what
16 runtime APIs Apple would support, whether they would
17 support some of ours or some of Sun's. I don't think
18 I was involved in any discussions myself with Apple
19 about that.
20 Q. Well, let me show you a document and
21 try to probe what you mean by being involved. Let me
22 give you a copy of a document that has been
23 previously marked as Government Exhibit 365.
24 A portion of this document is an e-mail
25 message from you to Paul Maritz and others and the

1 portion I'm particularly interested in, and you can
2 read as much of the three-line e-mail as you wish, is
3 the last sentence, which reads, "Do we have a clear
4 plan on what we want Apple to do to undermine Sun?"
5 Did you send this e-mail, Mr. Gates,
6 on or about August 8, 1997?
7 A. I don't remember sending it.
8 (The document referred to was marked
9 by the court reporter as Government Exhibit 365 for
10 identification and is attached hereto.)
11 Q. BY MR. BOIES: Do you have any doubt
12 that you sent it?
13 A. No. It appears to be an e-mail I sent.
14 Q. You recognize that this is a document
15 produced from Microsoft's files, do you not, sir?
16 A. No.
17 Q. You don't?
18 A. Well, how would I know that?
19 Q. Do you see the document production
20 numbers down at the bottom?
21 A. I have no idea what those numbers are.
22 Q. Do you recognize this as the form in
23 which e-mail has been printed out by Microsoft?
24 A. I don't know what that means. It's --
25 all e-mail printed by anyone looks just like this, so

1 the fact that it looks like this doesn't give you any
2 clue as to who printed it.
3 Q. Let's begin with that, sir. E-mail
4 printed out by other people are not stamped with
5 Microsoft confidential stamps and Microsoft document
6 production numbers; you would agree with that, would
7 you not?
8 A. That has nothing to do with printing
9 out.
10 Q. Do you understand my question, sir?
11 A. No.
12 Q. Do you see down at the bottom where
13 there are confidential stamps and a stamp that says
14 "Attorneys Only" and document production stamps? Do
15 you see those?
16 A. I see the stamps. I can't characterize
17 whether they're document production stamps. To me
18 they look more like what you'd see on a prisoner's
19 uniform.
20 Q. So that you don't have any knowledge
21 about these stamps; is that your testimony?
22 A. I've never seen a stamp like that.
23 I've used a stamp like that.
24 Q. Haven't you seen stamps like that on
25 every single one of the documents you've been shown

1 during this deposition?
2 A. Can you get me all the exhibits?
3 MR. NEUKOM: Is this a good use of
4 time, Counsel?
5 MR. BOIES: Well, when he says he has
6 never seen them before --
7 THE WITNESS: You asked about this
8 stamp.
9 MR. BOIES: -- and, you know, that he
10 has never seen the stamp before and he's been shown
11 40 documents --
12 MR. NEUKOM: It's just a waste of time.
13 MR. BOIES: It is a waste of time. And
14 I think it's absolutely clear who the witness is --
15 MR. NEUKON: Let's get on with it and
16 have a deposition, shall we?
17 MR. BOIES: We're trying to have a
18 deposition.
19 THE WITNESS: Can we look at that one?
20 Q. BY MR. BOIES: Yes. The one that has
21 this document production stamp and the confidential
22 stamp in the bottom right-hand corner; is that the
23 one you mean, Mr. Gates?
24 A. Is that a stamp? To me that's not a
25 stamp.

1 MR. HEINER: Let's move on.
2 MR. BOIES: Mr. Heiner, I understand
3 why you want to move on.
4 MR. HEINER: Relax, relax. There must
5 be some way to break through.
6 MR. BOIES: I think there must be.
7 MR. HEINER: Let's try a different
8 question.
9 MR. BOIES: I think there must be, but
10 part of what I want to do is I want to get on the
11 record the way this witness answers questions. I
12 think I'm entitled to do that.
13 MR. HEINER: The witness already
14 testified that this appears to be an e-mail he sent,
15 but he doesn't recall sending it. That's what you
16 need, that's what you have. He's not familiar with
17 the discovery process of some paralegal. That's the
18 testimony right now. And that's not important.
19 MR. BOIES: Part of the testimony was
20 he had never seen the stamp before when he's seen it
21 40 times in this deposition. And I think that goes
22 to this witness's credibility and I think this
23 witness's credibility is an important issue in this
24 case.
25 MR. HEINER: You don't care about

1 stamps.
2 MR. BOIES: I don't care about stamps.
3 What I care about is credibility and whether the
4 witness is being forthright in his answers and I
5 think I'm entitled to test that when he says things
6 that are as remarkable as the fact that he has never
7 seen a document production stamp like this before in
8 this case after how long the case has gone on.
9 MR. HEINER: You're not going to stand
10 up in court and talk about stamps.
11 MR. BOIES: You're probably right about
12 that.
13 Q. Let me go back to the e-mail,
14 Mr. Gates. What did you mean when you asked
15 Mr. Maritz whether or not, "We have a clear plan on
16 what we want Apple to do to undermine Sun"?
17 A. I don't remember.
18 Q. Did you personally participate in any
19 conversations with Apple in 1997 and 1998?
20 A. Of any kind?
21 Q. Let me be a little more specific. Did
22 you participate in any conversations with Apple in
23 1997 or 1998 concerning what Apple would or would not
24 do that would affect Microsoft competitively?
25 A. Well, there were some conversations

1 with Steve Jobs about Microsoft Office and some --
2 and a relationship we formed around that and some
3 other issues.
4 Q. And did you participate in those
5 conversations?
6 A. I talked to Steve Jobs on the phone
7 I think twice.
8 Q. And what was the nature of your
9 conversations with Mr. Jobs?
10 A. Well, Steve had -- Steve called me up
11 and said that he had become the CEO of Apple, sort
12 of, and that Gil Amelio wasn't the CEO of Apple. And
13 he raised the question of was there some beneficial
14 agreement that we could enter into different than
15 we'd been discussing with Gil. And it wasn't a very
16 long call and the conclusion was that Greg Maffei
17 would go see Steve.
18 Q. What is Mr. Maffei's title?
19 A. At that time?
20 Q. What is his title today?
21 A. His title today is CFO.
22 Q. Of Microsoft?
23 A. Uh-huh.
24 Q. Chief financial officer?
25 A. Uh-huh.

1 Q. And what was his title at the time?
2 A. I think treasurer.
3 Q. When did Mr. Maffei go to talk to
4 Mr. Jobs?
5 A. I don't recall the date.
6 Q. Approximately?
7 A. Sometime in '97.
8 Q. This was after your conversation with
9 Mr. Jobs?
10 A. Yes.
11 Q. Did you have any conversation with
12 Mr. Jobs or anyone else at Apple after your 1997
13 conversation with Mr. Jobs?
14 A. I had a brief conversation with him
15 again in '97 the night before a Mac World speech that
16 he was giving where I appeared as part of that
17 speech. But it was about my role in his speech.
18 Q. I'm going to leave that aside.
19 A. Well, it all relates to the agreement
20 with Apple.
21 Q. Okay, then I won't leave it aside.
22 What did you say to him and what did he say to you
23 about the agreement with Apple?
24 A. I said, "It's not signed yet. What are
25 we going to do about this presentation if it doesn't

1 get signed?" And he said he hoped it would be
2 signed. And then we talked about the logistics of
3 appearing by video conference in the middle of his
4 speech.
5 Q. Have you completed your answer?
6 A. Yes.
7 Q. Other than the two telephone -- or I
8 guess one telephone conversation and one in person --
9 was the brief conversation you've just recounted the
10 one in person?
11 A. No, that was on the phone. He was in
12 Boston, I was in Seattle. That's why I had to do a
13 video conference to be in his speech.
14 Q. So both of your conversations with
15 Mr. Jobs in 1997 were by telephone; is that correct?
16 A. There may have also been some e-mail
17 between Steve and I. I don't think there were any
18 more phone calls, but the two I described were both
19 phone calls. There were no face-to-face meetings
20 that I remember.
21 Q. Other than the two telephone calls and
22 leaving e-mail aside, did you have any conversations
23 either by telephone or in person with any
24 representative of Microsoft in 1997 or 1998?
25 A. Yes.

1 MR. HOUCK: You misspoke. You said
2 Microsoft and I think you meant Apple.
3 Q. BY MR. BOIES: Other than the two
4 telephone conversations with Mr. Jobs that you have
5 already identified, during 1997 or 1998 did you have
6 any conversations by telephone or in person with any
7 representative of Apple?
8 A. I'm trying to think when Heidi Roizen
9 quit Apple. I think she quit by '97, but I'm not
10 sure. Yeah, I'm pretty sure she quit by then, so no,
11 I don't think so.
12 Q. Do I take it from that answer that you
13 had a conversation with Heidi Roizen?
14 A. At some point in time that I can't
15 remember, yes.
16 Q. And do I also take it that at some
17 point Heidi Roizen left Apple?
18 A. That's right.
19 Q. And that your conversation with Heidi
20 Roizen was while she was at Apple?
21 A. Not all of my conversations with her,
22 but the ones that I thought would be responsive to
23 your questions related to the time of her employ at
24 Apple. I've had other conversations with Heidi
25 Roizen both before she worked at Apple and after she

1 worked at Apple.
2 Q. Where does she now work?
3 A. She doesn't have a job at this point.
4 Q. Other than your possible conversations
5 during the period with Heidi Roizen and the two
6 telephone conversations in 1997 with Mr. Jobs, did
7 you have any other conversations either by telephone
8 or in person with any representative of Apple in 1997
9 or 1998?
10 A. No, I don't think so.
11 Q. To your knowledge, did any
12 representative of Microsoft have any meetings or
13 telephonic discussions --
14 A. Certainly.
15 Q. -- with any representatives of Apple --
16 A. Certainly.
17 Q. -- in 1998 concerning competitive
18 issues?
19 A. I don't know what you mean by
20 "competitive issues," but there is an ongoing contact
21 with Apple. We're the largest developer of software
22 for the Apple Macintosh and so there is constant
23 discussion with Apple.
24 Q. And as the largest developer of
25 software for the Macintosh, is what you do important

1 to Apple?
2 A. Sometimes it doesn't seem like it. We
3 always think of it as important, but sometimes they
4 don't treat it that way, sometimes they do.
5 Q. You mentioned discussions with respect
6 to Office. Would you explain for the record what
7 you're talking about there.
8 A. Microsoft Office.
9 Q. Microsoft Office for Macintosh?
10 A. Yes.
11 Q. And was it your understanding that
12 Microsoft Office for Macintosh was believed by Apple
13 to be very important to them?
14 A. I really have a hard time testifying
15 about the belief of a corporation. I really don't
16 know what that means.
17 Q. Well, sir, in making the decisions as
18 to what you would ask of Apple, did you believe that
19 what you were offering Apple with respect to
20 Microsoft Office for Macintosh was important enough
21 to Apple so that they ought to give you something for
22 it?
23 A. I have no idea what you're talking
24 about when you say "ask."
25 Q. Well, let me show you a document that

1 has been previously marked as Government Exhibit 366.
2 This is a document bearing Microsoft document
3 production stamps MS98 0110952 through 53.
4 (The document referred to was marked
5 by the court reporter as Government Exhibit 366 for
6 identification and is attached hereto.)
7 Q. BY MR. BOIES: The first part of this
8 purports to be a copy of an e-mail from Don Bradford
9 to Ben Waldman with a copy to you, Mr. Maritz and
10 others on the subject of "Java on Macintosh/IE
11 Control."
12 Did you receive a copy of this e-mail
13 on or about February 13, 1998?
14 A. I don't know.
15 Q. Do you have any reason to doubt that
16 you received a copy of this e-mail?
17 A. No.
18 Q. The first paragraph reads, "Apple wants
19 to keep both Netscape and Microsoft developing
20 browsers for Mac -- believing if one drops out, the
21 other will lose interest (and also not really wanting
22 to pick up the development burden.) Getting Apple to
23 do anything that significantly/materially
24 disadvantages Netscape will be tough. Do agree that
25 Apple should be meeting the spirit of our cross

1 license agreement and that MacOffice is the perfect
2 club to use on them."
3 Do you have an understanding of what
4 Mr. Bradford means when he refers to MacOffice as
5 "the perfect club to use on Apple"?
6 A. No.
7 Q. The second sentence of that paragraph,
8 the one that reads, "Getting Apple to do anything
9 that significantly/materially disadvantages Netscape
10 will be tough." Was it your understanding in
11 February of 1998 that Microsoft was trying to get
12 Apple to do something to disadvantage Netscape?
13 A. No.
14 Q. Do you know why Mr. Bradford would have
15 written this in February of 1998 and sent a copy to
16 you?
17 A. I'm not sure.
18 Q. Did you ever say to Mr. Bradford in
19 words or substance in February of 1998 or thereafter,
20 "Mr. Bradford, you've got it wrong, we're not out to
21 significantly or materially disadvantage Netscape
22 through Apple"?
23 A. No.
24 Q. Did you ever tell Mr. Bradford or
25 anyone else in February, 1998 or thereafter, that

1 they should not be trying to get Apple to do things
2 that would significantly or materially disadvantage
3 Netscape?
4 A. No.
5 Q. What was Mr. Bradford's position in
6 February of 1998?
7 A. I think he had a small group in
8 California that worked -- I'm not sure who he worked
9 for. He probably worked for somebody who worked for
10 Silverberg or -- no. No, I'm not sure who he worked
11 for.
12 Q. Let's begin with what company he worked
13 for. He clearly worked for Microsoft; correct, sir?
14 A. That's right.
15 Q. Do you know what his title was?
16 A. No.
17 Q. Do you know who Mr. Waldman is?
18 A. Yes.
19 Q. What was his title in February of 1998?
20 A. I don't know.
21 Q. What were his responsibilities in
22 February of 1998?
23 A. He was -- he ran a group that was doing
24 Macintosh software.
25 Neither of these guys have a title like

1 vice-president. That I can say for sure. They have
2 a title like engineer or software engineer, software
3 engineer manager, but I don't know their titles.
4 They're not executives.
5 Q. In addition to you and Mr. Maritz,
6 copies of this go to David Cole, Dave Reed, Charles
7 Fitzgerald and Jon DeVaan. Do you know what
8 Mr. Cole's position was in 1998?
9 A. Yes.
10 Q. What was it?
11 A. He was the VP -- actually, I don't know
12 VP of what, but he was a VP working for -- I don't
13 know if we reorganized by then. He was in Maritz's
14 organization somewhere.
15 Q. What was Mr. Reed's position at that
16 time?
17 A. I have no familiarity with Mr. Reed.
18 Q. Do you have any familiarity with
19 Mr. Fitzgerald and Mr. DeVaan?
20 A. Yes.
21 Q. What were their positions?
22 A. Charles Fitzgerald was in the
23 evangelism group working for Todd Nielson.
24 Q. And Mr. DeVaan?
25 A. Mr. DeVaan was managing the overall

1 Office development.
2 Q. Did you have any conversations with
3 anyone within Microsoft as to what position Microsoft
4 should take with Apple in terms of what Microsoft
5 should ask Apple for in return for Microsoft
6 developing Mac Office?
7 A. What time frame are you in?
8 Q. 1997 or 1998.
9 A. Well, it actually makes a big
10 difference. We reached an agreement with Apple in
11 1997 and there's no -- I'm not aware of any agreement
12 other than the 1997 one.
13 MR. BOIES: Could I have the question
14 read back.
15 (The record was read as follows:
16 "Q. Did you have any conversations
17 with anyone within Microsoft as to what
18 position Microsoft should take with Apple in
19 terms of what Microsoft should ask Apple for
20 in return for Microsoft developing Mac
21 Office?")
22 THE WITNESS: I'm not sure what you're
23 saying about Mac Office. We developed Mac Office
24 because it's a profitable business for us.
25 Q. BY MR. BOIES: Well, you threatened to

1 cancel Mac Office, did you not, sir?
2 A. No.
3 Q. You never threatened Apple that you
4 were going to cancel Mac Office; is that your
5 testimony?
6 A. That's right.
7 Q. Did you ever discuss within Microsoft
8 threatening Apple that you were going to cancel Mac
9 Office?
10 A. You wouldn't cancel -- no.
11 Q. Let me show you a copy of a document
12 that we are marking as Government Exhibit 367. This
13 is another document bearing document production
14 numbers from the Microsoft document production.
15 The second item on the first page
16 purports to be an e-mail message from Ben Waldman to
17 you --
18 A. No.
19 Q. -- dated June 27, 1997.
20 A. It's not to me.
21 (The document referred to was marked
22 by the court reporter as Government Exhibit 367 for
23 identification and is attached hereto.)
24 Q. BY MR. BOIES: Well, the one I'm
25 looking at says from Ben Waldman, sent February 27,

1 1997, 1:56 a.m. to Bill Gates, cc John DeVaan.
2 A. I must be on the wrong page.
3 Q. Very first page, second item.
4 MR. HEINER: We have something
5 different.
6 MR. NEUKOM: There is some confusion.
7 MR. BOIES: Okay. Let me try to be
8 sure we have the right document. I will refer to it
9 by document production numbers so that we're clear.
10 Let me mark as Government Exhibit 368
11 a document that bears document production stamp
12 98 0113394 through 97.
13 (The document referred to was marked
14 by the court reporter as Government Exhibit 368 for
15 identification and is attached hereto.)
16 Q. BY MR. BOIES: Now, let me direct your
17 attention to the second item on the first page of
18 this exhibit. And this purports to be an e-mail from
19 Mr. Waldman to you dated June 27, 1997; is that
20 correct, sir?
21 A. The second one, uh-huh.
22 Q. You have to answer audibly yes or no,
23 Mr. Gates.
24 A. Yes, the second one.
25 Q. Now, in the second paragraph of this

1 e-mail to you, the second sentence reads, "The threat
2 to cancel Mac Office 97 is certainly the strongest
3 bargaining point we have, as doing so will do a great
4 deal of harm to Apple immediately."
5 Do you see that, sir?
6 A. Uh-huh.
7 Q. Do you recall receiving this e-mail in
8 June of 1997?
9 A. Not specifically.
10 Q. Do you have any doubt that you received
11 this e-mail in June of 1997?
12 A. No.
13 Q. Do you know why Mr. Waldman wrote you
14 in June of 1997 that, "The threat to cancel Mac
15 Office 97 is certainly the strongest bargaining point
16 we have, as doing so will do a great deal of harm to
17 Apple immediately"?
18 A. Well, Mr. Waldman was in charge of this
19 update. And the Mac Office product had been shipping
20 for over a decade by now. And there was a financial
21 question of whether to do this update and he felt it
22 made good business sense to do it. Other people,
23 irrespective of the relationship with Apple, had said
24 that it didn't make sense to do the update. And so
25 there was some mail from Ben, including this one,

1 where he was saying he thought we should go ahead and
2 finish the product. I'm not sure what he means about
3 the negotiations with Apple. I'm not sure what we
4 were negotiating with Apple at this point.
5 Q. Was this the time that you were
6 negotiating with Apple to try to find out what you
7 could get Apple to do to undermine Sun?
8 A. Well, the only e-mail -- the only thing
9 you've shown me where that term was used is after we
10 reached a Mac Office agreement with Apple.
11 Q. You're referring to your e-mail dated
12 August 8, 1997; is that correct?
13 A. That's right.
14 Q. That has been marked as Exhibit 365; is
15 that correct?
16 A. That's right. That's after.
17 Q. That's August 8, 1997?
18 A. That's right.
19 Q. And it is clear from your August 8,
20 1997 memo that you are still attempting to get Apple
21 to do additional things, is it not, sir?
22 A. No.
23 Q. Well, sir, let's read it. It's only
24 three lines. You write, "I want to get as much
25 mileage as possible out of our browser and Java

1 relationship here."
2 And when you talk about "here," you're
3 talking about with Apple, are you not, sir?
4 A. I'm not sure.
5 Q. Well, the subject of this is "FW:
6 Post-agreement"; correct, sir?
7 A. Yeah. That's what makes me think this
8 was probably post-agreement.
9 Q. Post-agreement with Apple; right?
10 A. Yes.
11 Q. So the subject is post-agreement with
12 Apple, and the very first sentence is, "I want to get
13 as much mileage as possible out of our browser and
14 Java relationship here." Second sentence says, "In
15 other words, a real advantage against Sun and
16 Netscape." Third line says, "Who should Avie be
17 working with? Do we have a clear plan on what we
18 want Apple to do to undermine Sun?"
19 Now, do you have any doubt that when
20 you talk about, "I want to get as much mileage as
21 possible out of our browser and Java relationship
22 here," you're talking about Apple?
23 A. That's what it appears.
24 Q. Do you have any recollection of any
25 discussions about the subject matter of this e-mail

1 in or about August of 1997?
2 If the question is confusing, I'd be
3 happy to rephrase it, Mr. Gates.
4 A. Go ahead.
5 Q. Did you send this e-mail?
6 A. It appears I did.
7 Q. Did you discuss this e-mail with
8 anyone?
9 A. I don't remember that.
10 Q. Let me go back to Exhibit 368, which is
11 the June 27, 1997 e-mail from Mr. Waldman to you. Do
12 you recall -- and I know you've said you don't recall
13 receiving this e-mail, but do you recall anyone
14 describing the threat to cancel Mac Office 97 as a
15 bargaining point that you had in dealing with Apple
16 in or about June of 1997?
17 A. I remember going to meetings where Paul
18 Maritz took the position that we shouldn't do the
19 update, the Mac Office 97 update. And the main
20 negotiation we had with Apple at that point was a
21 discussion about a patent cross license. And so I
22 said to Paul I wanted to understand better where we
23 were on the patent cross license and understand the
24 state of the Mac Office development. And then it
25 appears that this is an e-mail that is coming after

1 that meeting. I don't remember somebody using those
2 exact words.
3 Q. Whether you remember somebody using the
4 exact words that Mr. Waldman uses in his June 27,
5 1997 e-mail to you, do you remember people telling
6 you in substance that the threat to cancel Mac Office
7 97 was a strong bargaining point that you had against
8 Apple and that cancelling Mac Office 97 would do a
9 great deal of harm to Apple immediately?
10 A. I know there was the internal debate
11 about whether to do the update. And I know there was
12 the patent discussion going on. And I said that
13 maybe even if it didn't make business sense to do the
14 update, maybe as part of an overall relationship with
15 the patent cross license, that we should go ahead and
16 do it. And so a commitment to do the upgrade was one
17 of the things that we told Apple we might commit to
18 as part of the patent cross license relationship.
19 Q. And did you believe in 1997 that
20 cancelling Mac Office 97 would do a great deal of
21 harm to Apple, as Mr. Waldman writes it would?
22 A. There was a question about whether to
23 do the upgrade and whether it made business sense. I
24 can't really say how much impact it would have on
25 Apple of us doing the upgrade or not. Certainly Ben,

1 as the person in charge of the upgrade, was very
2 passionate about its importance and its dramatic
3 nature.
4 Q. My question to you now, sir, is whether
5 you believed that cancelling Mac Office 97 would do a
6 great deal of harm to Apple?
7 A. Well, I know that Apple would prefer
8 that we have a more updated version of Mac Office,
9 that that would be a positive thing for them, and so
10 that's why it was part of the negotiation relative to
11 the patent cross license.
12 Q. And did you believe that cancelling Mac
13 Office 97 would do a great deal of harm to Apple?
14 A. I told you I think it would be better
15 for Apple to have everybody doing major upgrades like
16 this. I doubt -- I can't characterize the level of
17 benefit of the upgrade to Apple, but certainly it's
18 something they wanted us to complete.
19 Q. The next sentence in Mr. Waldman's
20 June 27, 1997 e-mail to you begins, "I also believe
21 that Apple is taking this threat pretty seriously."
22 Did someone tell you in or about June
23 of 1997 that Apple was taking Microsoft's threat to
24 cancel Mac Office 97 seriously or pretty seriously?
25 A. Well, Maritz had taken the position

1 that it didn't make business sense to finish this
2 upgrade. And it's very possible Apple might have
3 heard about Maritz's opinion there and therefore been
4 worried that we, businesswise, didn't see a reason to
5 complete the upgrade and that they would have the
6 older Mac Office as opposed to this new work that we
7 were part way along on.
8 Q. Mr. Gates, my question is not what
9 position Mr. Maritz did or did not take. My question
10 is whether anyone told you in or about June of 1997
11 that Apple was taking pretty seriously Microsoft's
12 threat to cancel Mac Office 97?
13 A. Apple may have known that senior
14 executives at Microsoft, Maritz in particular,
15 thought that it didn't make business sense to
16 complete that upgrade.
17 Q. Mr. Gates, I'm not asking you what
18 Apple may have known or may not have known. What I'm
19 asking you is whether anybody told you in or about
20 June of 1997 that Apple was taking pretty seriously
21 Microsoft's threat to cancel Mac Office 97?
22 A. Those particular words?
23 Q. Told you that in words or in substance.
24 A. I think I remember hearing that Apple
25 had heard about Maritz's view that it didn't make

1 sense to continue the upgrade, but -- and that, you
2 know, they wanted us to continue the upgrade. But
3 I -- I don't remember any of the -- it being phrased
4 at all the way you're phrasing it.
5 Q. Well, the way I'm phrasing it is the
6 way that Mr. Waldman phrased it to you in his e-mail
7 of June 27, 1997; correct, sir?
8 A. Well, in reading it, I see those words,
9 yes.
10 Q. And you don't have any doubt that you
11 received this e-mail, do you, sir?
12 A. I have no reason to doubt it. I don't
13 remember receiving it. I do remember in general
14 sending an e-mail like the one that's at the top
15 there.
16 Q. Do you recall anyone telling you in
17 words or in substance in or about June of 1997 what
18 Mr. Waldman is writing here in this e-mail?
19 MR. HEINER: Objection.
20 THE WITNESS: This is a very long piece
21 of e-mail. Have you read the whole e-mail yourself?
22 MR. BOIES: I think my question was
23 imprecise. I was trying to avoid quoting something
24 for yet another time, but I accept your counsel's
25 view that the question was probably defective. I

1 thought it was clear what portion of the e-mail we
2 were talking about, but I will make it clear.
3 Q. Mr. Gates, Mr. Waldman on June 27,
4 1997, sends you an e-mail that says, "The threat to
5 cancel Mac Office 97 is certainly the strongest
6 bargaining point we have, as doing so will do a great
7 deal of harm to Apple immediately. I also believe
8 that Apple is taking this threat pretty seriously."
9 Do you recall anyone --
10 A. Do you want to finish the sentence or
11 not?
12 Q. You can if you think it is necessary to
13 answer the question.
14 Do you recall anyone telling you what I
15 have just quoted in words or in substance in or about
16 June, 1997?
17 A. No.
18 MR. HEINER: It's just about 10:00 now.
19 Can we take a break?
20 MR. BOIES: If you wish.
21 MR. HEINER: Yes, thanks.
22 VIDEOTAPE OPERATOR: The time is 9:57.
23 We're going off the record.
24 (Recess.)
25 VIDEOTAPE OPERATOR: The time is 10:21.

1 We are going back on the record.
2 Q. BY MR. BOIES: What were the primary
3 goals that you personally had, Mr. Gates, in terms of
4 getting Apple to agree to things?
5 MR. HEINER: Objection. Can you be
6 just a bit more specific on that?
7 MR. BOIES: Sure.
8 Q. In the period of 1996 forward, after
9 you concluded that Java, or as you put it, Java
10 runtime threat and Netscape were competitive threats
11 to Microsoft, what were your goals in terms of
12 dealing with Apple? What were you trying to get
13 Apple to agree to do for Microsoft?
14 A. Well, the main reasons we were having
15 discussions with Apple in this '97 period was that
16 they had asserted that various patents that they had
17 applied to various Microsoft products, and so our
18 primary focus in discussing an agreement with them
19 was to conclude a patent cross license of some kind.
20 Q. I want to be sure that the question and
21 answer are meeting. I asked for a period of 1996 to
22 the present and you answered about 1997. Were your
23 goals in 1996 or after 1997 any different than the
24 goals that you've just described in dealing with
25 Apple?

1 A. There's only one agreement with Apple,
2 so I don't know what you're talking about.
3 Q. Okay. Do you understand the word goals
4 or objectives?
5 A. You talked about agreeing with Apple --
6 there's only one agreement with Apple that I know
7 about that we're discussing and that was one that was
8 concluded in I think late July or early August, 1997
9 and there's no other agreement that I know was even
10 discussed or considered.
11 Q. Okay. Let me ask you to look at a
12 document previously marked as Government Exhibit 369.
13 The second item on the first page of this exhibit
14 purports to be an e-mail from you dated June 23, 1996
15 to Paul Maritz and Brad Silverberg with copies to
16 Messrs. Higgins, Bradford, Waldman and Ludwig on the
17 subject of "Apple meeting."
18 (The document referred to was marked by
19 the court reporter as Government Exhibit 369 for
20 identification and is attached hereto.)
21 Q. BY MR. BOIES: Did you send this
22 e-mail, Mr. Gates, on or about June 23, 1996?
23 A. I don't remember it specifically, but I
24 don't have any reason to doubt that I did.
25 Q. In the second paragraph you say, "I

1 have 2 key goals in investing in the Apple
2 relationship - 1) Maintain our applications share on
3 the platform and 2) See if we can get them to embrace
4 Internet Explorer in some way."
5 Do you see that?
6 A. Yeah.
7 Q. Does that refresh your recollection as
8 to what your two key goals were in connection with
9 Apple in June of 1996?
10 A. First of all, June of 1996 is not in
11 the time frame that your previous question related
12 to. And certainly in the e-mail to this group I'm
13 not talking about the patent thing, but believe me,
14 it was our top goal in thinking about Apple for many,
15 many years because of their assertions.
16 Q. My time frame in my question, sir, was
17 a time frame beginning in 1996 when you began to view
18 Netscape or the Java runtime threat as a competitive
19 threat to Microsoft.
20 A. And that was after June of 1996.
21 Q. Is it your testimony that in June of
22 1996 you did not consider Netscape to be a
23 competitive threat to Microsoft?
24 A. Netscape was a competitor, but in terms
25 of Java and all the runtime related issues, we didn't

1 have a clear view of that at all.
2 Q. So that -- I want to be sure I've got
3 your testimony accurately. It is your testimony that
4 in June of 1996 you considered Netscape to be a
5 competitive threat but you did not consider Java or
6 Java runtime to be a competitive threat; is that your
7 testimony?
8 A. We considered Netscape to be a
9 competitor and I told you earlier that until late '96
10 we were unclear about our position on various Java
11 runtime things and what other companies were doing
12 and what that meant for us competitively.
13 Q. Do you agree that in June of 1996 the
14 two key goals that you had in terms of the Apple
15 relationship were, one, maintain your applications
16 share on the platform, and two, see if you could get
17 Apple to embrace Internet Explorer in some way?
18 A. No.
19 Q. Do you have any explanation for why you
20 would have written to Mr. Maritz and Mr. Silverberg
21 on June 23, 1996 that those were your two key goals
22 in the Apple relationship?
23 A. They weren't involved in the patent
24 issue at all. So when I write to them, I'm focused
25 on the issues that relate to them. I do mention

1 patents in here, but that certainly was the primary
2 goal at this time and in subsequent times.
3 Q. Let me be clear. When you write to
4 Mr. Maritz and Mr. Silverberg, you talk about
5 patents, do you not, sir?
6 A. Where do you see that?
7 Q. Well, did you talk about patents?
8 A. Do you want me to read the entire mail?
9 Q. Have you read it enough to know whether
10 you talk about patents?
11 A. I saw the word "patent" in one place.
12 If I read the whole thing, I can find out if it's in
13 other places as well.
14 Q. You do talk about patent cross license,
15 do you not, in this memo? And if you want to look at
16 the last page, five lines from the bottom.
17 A. Yeah. They weren't involved in the
18 patent issues at all, so it looks like in this mail I
19 just mention that in a summary part, but it was our
20 top goal in our discussions with Apple.
21 Q. When you write to Mr. Maritz and
22 Mr. Silverberg, you don't describe that as your top
23 goal, in fact, you don't even describe it as one of
24 your two or three key goals; correct, sir?
25 A. This piece of e-mail doesn't talk about

1 the patent goal as the top goal. It's most likely
2 that's because the people copied on the mail don't
3 have a thing to do with it and I wouldn't distract
4 them with it.
5 Q. I want to be sure I have your testimony
6 correct. In June of 1996, what was Paul Maritz's
7 title?
8 A. He was involved in product development
9 activities.
10 Q. He was involved in product development
11 activities. What was his title?
12 A. I don't know. Systems.
13 Q. Systems?
14 A. Uh-huh.
15 Q. Did he have a title that went with
16 that?
17 A. Senior vice-president systems. I don't
18 know.
19 Q. Senior vice-president systems, I see.
20 Did Mr. Silverberg have a position in
21 June of 1996?
22 A. He worked for Mr. Maritz.
23 Q. Did he have a title?
24 A. I don't know what his title was at the
25 time. He would have been an officer of some kind.

1 Q. An officer of some kind.
2 So you're writing a memo to Paul
3 Maritz, a senior vice-president, and Brad Silverberg,
4 an officer of some kind, and you're sending copies to
5 four other people on the subject of the Apple
6 meeting, and you say, "I have 2 key goals in
7 investing in the Apple relationship."
8 A. That's quite distinct than any goals I
9 might have for a deal with Apple. It says, "I have 2
10 key goals in investing in the Apple relationship,"
11 not "I have 2 key goals for a deal with Apple."
12 Q. Well, sir, at the bottom you say what
13 you propose in terms of a deal and you talk about
14 what Apple will get out of the deal and what
15 Microsoft will get out of the deal; correct, sir?
16 A. Do you want me to read you the e-mail?
17 I mean I don't know anything more than just what it
18 says in the e-mail. I'm glad to read it to you.
19 Q. Well, sir, does it say at the bottom of
20 the e-mail that you are proposing something with
21 Apple and you are identifying what Apple would get
22 under your proposed deal and what Microsoft would get
23 under your proposed deal?
24 A. Yeah, that's at the bottom of the
25 e-mail.

1 Q. In fact, the bottom of the e-mail
2 talking about a proposed Apple-Microsoft deal, you
3 say, "The deal would look like this," and then you've
4 got a column "Apple gets" and a column "Microsoft
5 gets" and a column "Both get"; right, sir?
6 A. I'm reading that.
7 Q. Now, in this e-mail of a page or a page
8 and a half in which you are proposing this deal, you
9 describe your two key goals as maintaining
10 Microsoft's applications share on the platform and
11 getting Apple to embrace Internet Explorer.
12 A. No, that's wrong.
13 Q. That's wrong, okay.
14 A. The word "deal" and the word
15 "relationship" are not the same word. This says, "I
16 have 2 key goals in investing in the Apple
17 relationship." This down here is an agreement which
18 I thought we could reach with Apple.
19 Q. Is it your testimony here today under
20 oath that your two key goals in investing in the
21 Apple relationship, which you mention in the second
22 paragraph of this e-mail, is different than your two
23 key goals in the proposed deal that you describe five
24 paragraphs later?
25 A. I don't see anything in here about the

1 key goals -- two key goals in the deal. I've told
2 you that I'm certain that my primary goal in any deal
3 was the patent cross license.
4 Q. Mr. Gates, my question is whether it is
5 your testimony today here under oath that when you
6 talk about your two key goals in investing in the
7 Apple relationship in the second paragraph of this
8 e-mail, that that is different than what your key
9 goals were in the deal that you proposed five
10 paragraphs later?
11 A. That's right. Investing in a
12 relationship is different than the deal.
13 Q. Now, you don't tell Mr. Maritz or
14 Mr. Silverberg that your goals for investing in the
15 Apple relationship are different than your goals in
16 the proposed deal, do you, sir?
17 A. But the goals and the deal are quite
18 different, so obviously they would have known they
19 were quite different.
20 Q. Well, sir, you say the goals and the
21 deal are quite different. One of your two key goals
22 that you talk about in your second paragraph is to
23 get Apple to embrace Internet Explorer in some way.
24 And the very first thing under what Microsoft gets in
25 your proposed deal is, "Apple endorses Microsoft

1 Internet Explorer technology." Do you see that, sir?
2 A. Uh-huh.
3 Q. Now, does that refresh your
4 recollection that the deal that you were proposing
5 had some relationship to the two key goals that you
6 were identifying?
7 A. Some relationship, yes, but they aren't
8 the same thing at all.
9 Q. All right, sir.
10 Did you ever prepare any e-mail to
11 anyone, Mr. Maritz or Mr. Silverberg or anyone, in
12 which you said that your primary goal in an Apple
13 deal was obtaining a cross license?
14 A. I don't remember a specific piece of
15 e-mail, but I'm sure I did with at least Mr. Maffei
16 and Mr. Maritz.
17 Q. You're sure you sent them e-mail saying
18 that?
19 A. I'm sure I communicated it to them in
20 some way.
21 Q. Do you believe you sent them anything
22 in writing or an e-mail?
23 A. I think it's likely, but I don't
24 remember a specific document.
25 Q. You certainly haven't seen any such

1 document in being prepared for your deposition; is
2 that fair?
3 MR. HEINER: Objection. You're not
4 seeking to intrude on the attorney-client privilege?
5 MR. BOIES: No. I want to know if he
6 has seen any such document, this document he says he
7 thinks exists that wasn't produced in document
8 production. I want to see if he has ever seen it, if
9 he recalls ever seeing it now or any other time.
10 THE WITNESS: I didn't say anything
11 about what may or may not exist at this point. I
12 said I'm sure I communicated to Mr. Maritz and
13 Mr. Maffei that our primary goal in doing the deal
14 with Apple was the patent cross license.
15 Q. BY MR. BOIES: And I had thought, and
16 perhaps I misunderstood, I thought that you had said
17 that you believed that you actually communicated that
18 not merely orally but by e-mail or in writing.
19 A. I think it's likely that I communicated
20 it in e-mail.
21 Q. And if you had communicated it in
22 e-mail, would that e-mail have been preserved?
23 A. Not necessarily.
24 Q. A lot of these e-mails were preserved
25 because we now have copies of them; right?

1 A. That's right.
2 Q. How did Microsoft decide what e-mails
3 would be preserved and what e-mails would not be
4 preserved?
5 A. Individuals get e-mail into their
6 mailbox and they decide.
7 Q. Do you have any explanation as to why
8 people would have decided to keep the e-mail that
9 described your two key goals in the Apple
10 relationship as being what they are stated to be here
11 and not have preserved your e-mail that you say you
12 sent saying you had a primary goal of a cross
13 license?
14 MR. HEINER: Objection. Lack of
15 foundation.
16 THE WITNESS: You're missing --
17 MR. HEINER: Hold it. Objection.
18 Those facts are not established. There could be 100
19 e-mails that talk about a patent cross license and
20 you may have them or you may not have them or they
21 may not have been called for. There is a range of
22 possibilities. That question is unfair and I object.
23 MR. BOIES: Okay, you've made your
24 objection. The witness will now answer the question.
25 MR. HEINER: Let's have it read back.

1 MR. BOIES: And if you come up with
2 those hundred e-mails, we will read them with
3 interest. I don't think you're going to and you
4 don't think you're going to either.
5 MR. HEINER: I disagree with that.
6 MR. BOIES: Okay.
7 Q. I'll restate the question to just be
8 absolutely certain that it's a fair question,
9 Mr. Gates.
10 If it were the case that neither your
11 counsel nor myself, after diligent search, can find
12 an e-mail that says your primary goal in dealing with
13 Apple was a patent cross license, do you have any
14 explanation as to why that e-mail that you say you
15 think exists would not have been saved, whereas the
16 e-mail that describes one of your two key goals as
17 getting Apple to embrace Internet Explorer was
18 preserved?
19 MR. HEINER: Objection. It's not a
20 sensible question. You asked a hypothetical. How
21 can the witness explain what the facts might be in
22 your hypothetical?
23 MR. BOIES: He is not being asked to
24 explain what the facts are in a hypothetical, I think
25 that's clear. If the witness tells me he cannot

1 answer the question, he can do so and we will go on
2 and take that up with everything else we'll take up
3 at a subsequent time.
4 THE WITNESS: When you say "dealing
5 with Apple," there were a lot of things we were
6 dealing with Apple on. I've told you in terms of the
7 deal, the deal I was involved in discussing in '96
8 and under another management at Apple in '97, there's
9 no doubt the primary goal was the patent cross
10 license.
11 Q. BY MR. BOIES: And by "the primary
12 goal," what you mean is the primary goal that you,
13 Mr. Gates, had; is that correct?
14 A. I don't think I'm the only one who had
15 it, but certainly yes, that was the primary goal of
16 myself and for the company.
17 Q. And when you said in your June 23, 1996
18 e-mail, "I have 2 key goals in investing in the Apple
19 relationship," you were talking about yourself
20 personally; is that correct?
21 A. Yeah. When I say "investing in the
22 Apple relationship," that means spending time with
23 Apple and growing the relationship.
24 Q. And when in describing the deal five
25 paragraphs later the very first thing that Microsoft

1 gets is, "Apple endorses Microsoft Internet Explorer
2 technology," did that indicate to you that that was
3 an important part of what you were getting in terms
4 of the deal?
5 A. No such deal was ever struck, so I'm
6 not sure what you're saying.
7 Q. Was that an important part of the deal
8 that you were trying to get, sir?
9 A. We never got as far as trying to get
10 that deal, unfortunately.
11 Q. You never got as far as trying to get
12 that deal; is that what you're saying?
13 A. No. Well, in this time frame Gil
14 Amelio's total focus was on his new OS strategy, so
15 what I outlined here we never got them to consider.
16 Q. Well, sir, your e-mail begins, "Last
17 Tuesday night I went down to address the top Apple
18 executives;" correct, sir?
19 A. That's right.
20 Q. And down at the bottom when you're
21 introducing the deal, you say, "I proposed." Now,
22 you're referring to what you proposed to the Apple
23 top executives, are you not, sir?
24 A. Yes.
25 Q. Okay. And what you proposed was

1 "the deal" that you then describe at the bottom of
2 the first page and the top of the second page;
3 correct, sir?
4 A. That's right.
5 Q. And that was a deal that you proposed
6 the Tuesday night before June 23, 1996 to what you
7 describe as the top Apple executives; correct, sir?
8 A. I put forward some of those points.
9 Q. Well, you put them forward and you
10 describe them as proposing a deal, correct, sir?
11 A. That's how I describe it here, yes.
12 Q. All right, sir. Now, you'd said that
13 the deal that you were talking about never got done.
14 Did you ever get Apple to endorse Microsoft Internet
15 Explorer technology?
16 A. You're trying to just read part of
17 that?
18 Q. I'm actually -- what I'm doing is
19 asking a question right now, sir. I'm asking whether
20 in 1996 or otherwise, at any time did you get Apple
21 to endorse Microsoft Internet Explorer technology?
22 A. Well, you can get a copy of the
23 agreement we reached with Apple and decide if in
24 reading that you think it meets that criteria or not.
25 Q. Sir, I'm asking you, as the chief

1 executive officer of Microsoft, I'm asking you
2 whether you believe that you achieved that objective?
3 A. We did not get some exclusive
4 endorsement. We did get some -- there's some part of
5 the deal that has to do with Internet Explorer
6 technology.
7 Q. Do you know what that part of the deal
8 is?
9 A. Not really. It has something to do
10 with they will at least ship it along with other
11 browsers.
12 Q. Does the deal prohibit them from
13 shipping Netscape's browser without also shipping
14 Internet Explorer?
15 A. I'd have to look at the deal to
16 understand.
17 Q. It is your testimony sitting here today
18 under oath that you simply don't know one way or the
19 other whether Apple is today free to ship Netscape's
20 browser without also shipping Internet Explorer?
21 A. That's right.
22 Q. When you identify things as key goals,
23 do you typically tend to follow up and see to what
24 extent those goals have been achieved?
25 A. In a very general sense, yes.

1 Q. Did you ever follow up to see whether
2 one of the two key goals that you identify in your
3 1996 e-mail to Mr. Maritz and Mr. Silverberg and
4 others of getting Apple to embrace Internet Explorer
5 technology in some way had been achieved?
6 A. Well, certainly what I said here,
7 "I have 2 key goals in investing in the Apple
8 relationship," that -- those weren't achieved because
9 the investments I made were with Gil Amelio, who was
10 fired from Apple very soon thereafter.
11 Q. Was there something about Mr. Amelio
12 getting fired that changed what your goals were for
13 the Apple relationship?
14 A. I said, "I have 2 key goals in
15 investing in the Apple relationship." The form that
16 investment took was spending time with Gil Amelio.
17 That turned out to be wasted time because he was
18 fired from Apple rather abruptly within about, oh,
19 eight months of this.
20 Q. When he was fired, did that change what
21 goals you had for the Apple relationship, Mr. Gates?
22 A. It was basically a complete restart
23 because we had to understand what the new management,
24 what they were going to do with Apple and where they
25 were going.

1 Q. Did your goals change?
2 A. Goals for what? For investing in the
3 relationship?
4 Q. You say in this e-mail you have two key
5 goals for investing in the Apple relationship. One
6 of --
7 A. In investing in the Apple relationship.
8 Q. One of them is to get Apple to embrace
9 Internet Explorer technology in some way. What I'm
10 asking you is whether that changed after this person
11 got fired?
12 A. We re-evaluated all of our thoughts
13 about working with Apple based on what the new
14 management was going to do, whether they were going
15 to target the machines, what they were going to do
16 with their machines. Since they continued to say we
17 were in violation of their patents, it continued to
18 be our top goal to get some type of patent cross
19 license.
20 MR. BOIES: Would you read the question
21 back, please.
22 (The record was read as follows:
23 "Q. One of them is to get Apple to
24 embrace Internet Explorer technology in some
25 way. What I'm asking you is whether that

1 changed after this person got fired?")
2 MR. BOIES: Better read the whole
3 question. And then again reincorporate it so that
4 it's clear for the record.
5 (The record was read as follows:
6 "Q. You say in this e-mail you have
7 two key goals for investing in the Apple
8 relationship. One of --
9 A. In investing in the Apple
10 relationship.
11 Q. One of them is to get Apple to
12 embrace Internet Explorer technology in some
13 way. What I'm asking you is whether that
14 changed after this person got fired?")
15 The WITNESS: You keep, either
16 intentionally or unintentionally, trying to confuse
17 my goals for investing in the relationship with the
18 goals we had overall for various dealings with Apple.
19 Certainly the goals I had for investing in the
20 relationship, that I had to start over and rethink
21 because the investment was to spend time with the CEO
22 who had been fired.
23 Q. Mr. Gates, neither in this e-mail nor
24 in any other document that either of us is aware of
25 do you make that distinction that you're making now,

1 correct?
2 MR. HEINER: Objection.
3 Q. BY MR. BOIES: Do you understand the
4 question I'm asking?
5 A. This document does not say that my
6 goals for dealing -- does not state my goals for
7 dealing with Apple up here. It states my goals in
8 investing in the Apple relationship, so there is a
9 clear distinction right there in that document.
10 Q. Mr. Gates, this document deals with a
11 proposed deal that you made to top Apple executives;
12 correct?
13 A. That's only one part of what is in the
14 document. There's a part where it talks about -- you
15 never mentioned it, but the first goal is "Maintain
16 our applications share on the platform." That's
17 something I'm doing in investing in the Apple
18 relationship and that's not related to the deal
19 that's given -- the proposed deal discussed below in
20 the e-mail, so those are clearly two separate things.
21 Related, but separate.
22 Q. What I think I've done is I think I
23 have mentioned the first goal a number of times.
24 A. I don't think so.
25 Q. I think it's been read about three

1 times in the record and the record will show it.
2 A. Okay. It's a point of disagreement.
3 Q. Okay.
4 MR. HEINER: But not an important one.
5 MR. NEUKOM: But a time consuming one.
6 MR. BOIES: Exactly the point that I
7 was making, which is why the witness makes those
8 kinds of statements. The --
9 MR. HEINER: It took two to tango just
10 there.
11 MR. BOIES: Yes, it did. And actually
12 it took four of us, three on that side of the table
13 and me.
14 Q. My question, Mr. Gates, has to do with
15 what your goals were, what your stated goals were.
16 Now, you say here, "I have two key goals in investing
17 in the Apple relationship, one of which is to get
18 Apple to embrace Internet Explorer technology in some
19 way."
20 Did that continue to be a goal that you
21 had after 1996?
22 A. It wasn't a goal in investing in the
23 Apple relationship in terms -- in the sense I meant
24 it here. It was a goal for our overall dealing with
25 Apple. One of many.

1 Q. Okay. Was it a key goal?
2 A. I'm not sure what you mean by key goal.
3 It was a goal.
4 Q. What I mean by key goal is what you
5 meant by key goal in your June 23, 1996 e-mail,
6 Mr. Gates.
7 A. That's about investing in the Apple
8 relationship, which meant spending time with Gill
9 Amelio, so I don't know why you can take the word out
10 of there and apply it to a completely different
11 context.
12 Q. When you say "a completely different
13 context," let's be clear about what we're talking
14 about. The completely different context that you're
15 talking about is the difference between investing in
16 the Apple relationship and doing a deal with Apple;
17 is that what you're saying?
18 A. No. We have goals for our general
19 dealings with Apple, which came to a deal -- we
20 actually reached a deal in either late July, '97 or
21 early August. But there's a separate thing of what
22 was that deal, what we were able to achieve, what we
23 were trying to achieve when we were dealing with the
24 previous management, and what I'm trying to do in
25 terms of spending my time investing in the Apple

1 relationship.
2 Q. And what you're saying is it is your
3 testimony under oath, although you can't recall
4 actually having sent this e-mail, you're confident
5 when you wrote this and referred to investing in the
6 Apple relationship, you meant only what you expected
7 to get out of spending time with the Apple
8 executives; is that your testimony?
9 A. Yeah. I was explaining why I was
10 spending time with Gill Amelio.
11 Q. And that's all you meant to be saying
12 here is your testimony?
13 A. That's what -- in reading this, that's
14 what I believe I was trying to communicate to the
15 recipients of the e-mail.
16 Q. All right, sir.
17 Let me ask you to look at a document
18 previously marked as Government Exhibit 370. This
19 purports to be an e-mail, and the second item on the
20 e-mail is an e-mail from John Ludwig to Don Bradford
21 dated August 21, 1997. And the subject is
22 "Conversations with BillG last night."
23 And the BillG referred to there is you;
24 correct, sir?
25 A. Yes.

1 (The document referred to was marked
2 by the court reporter as Government Exhibit 370 for
3 identification and is attached hereto.)
4 Q. BY MR. BOIES: And it begins, "I was at
5 the exec staff meeting last night."
6 Can you explain for the record what the
7 exec staff meeting was?
8 A. He is referring to a regular
9 get-together four times a year of the Microsoft
10 executive staff.
11 Q. And he goes on to say that, "There were
12 three interesting exchanges with Bill and the whole
13 group about Apple." Do you see that?
14 A. I see it.
15 Q. And No. 1 is, "Bill's top priority is
16 for us to get the browser in the October OS release
17 from Apple. We should do whatever it takes to make
18 this happen. If we are getting shut out, we should
19 escalate to Bill. You should make sure that we are
20 engaging deeply with Apple on this one and resolving
21 any and all issues."
22 Do you recall conveying to your
23 executive staff in or about August of 1997 that your
24 top priority was to get Microsoft's browser in the
25 October OS release from Apple?

1 A. No, I don't recall that.
2 Q. The top e-mail, which is from Don
3 Bradford to a number of people dated August 21, 1997
4 and is also on the subject of "conversations with
5 BillG last night," says that Mr. Bradford and someone
6 else, Mohan Thomas, "will take the lead on working
7 out the Apple bundle deal." Do you see that?
8 A. Yes.
9 Q. Did you instruct your executive staff
10 in or about August of 1997 to work out an "Apple
11 bundle deal"?
12 A. Well, I think this is post the August
13 agreement, late July or early August agreement we
14 reached with Apple. And I think there were some
15 circumstances under which they would include or
16 bundle IE with some of their shipments. I think
17 that's what that's referring to.
18 Q. And is that what your present
19 recollection is that you told your executive staff in
20 August of 1997?
21 A. Well, I don't recall specifically what
22 I said to the executive staff about Apple, but it
23 appears Ludwig took out of that that he was supposed
24 to make sure that whatever outs that Apple had under
25 the previous agreement for not shipping our

1 technology, that we avoided those being a problem
2 that prevented them from shipping our technology.
3 Q. Well, Apple wasn't prohibited from
4 shipping your technology in August of 1997, was it,
5 sir?
6 A. No, I actually think if we -- I don't
7 know the Apple agreement, I haven't read it, but I
8 think there is something in there that if we got
9 certain things done and if there were no problems and
10 it passed tests and we were ready in time, that they
11 would actually affirmatively include some of our
12 technology in various OS releases. And this appears
13 to be a discussion about whether or not we're going
14 to be able to meet the requirements on us related to
15 that.
16 Q. It is clear that getting the browser in
17 the October OS release from Apple was something that
18 you, Bill Gates, and Microsoft wanted; correct, sir?
19 A. Yes, that's something that we wanted.
20 Q. The last sentence of the second
21 paragraph says, "Bill was clear that his whole goal
22 here is to keep Apple and Sun split. He doesn't care
23 that much about being aligned with Apple, he just
24 wants them split from other potential allies."
25 And that relates to Java, does it not,

1 sir?
2 A. I don't have a direct recollection, but
3 if you read the sentence in front of it, that
4 paragraph seems to relate to Java runtime.
5 Q. Do you have a recollection of telling
6 your executive staff in or about August 21 that your
7 whole goal with respect to Apple related to Java
8 runtime was to keep Apple and Sun split?
9 A. No.
10 Q. Who was at this executive staff
11 meeting?
12 A. Probably members of the executive
13 staff.
14 Q. And who were they?
15 A. It's about 40 to 50 people. I doubt
16 you want to take the time for me to guess. We
17 generally get about 70 percent attendance. Looking
18 at this document, I think it's very likely that I was
19 there and John Ludwig was there, but as to the rest
20 of the executive staff, I'd just be guessing. It's
21 very rare for us to have non-executive staff members
22 at those meetings, although sometimes it happens.
23 Q. Is Mr. Ludwig somebody who you believe
24 is an honest and competent person?
25 A. In general, yes.

1 Q. Do you have any reason to believe that
2 he would make up anything about what your statements
3 were?
4 A. No.
5 Q. Let me ask you to look at a document
6 that has been previously marked as Government
7 Exhibit 371. The portion I'm particularly interested
8 in is in the second e-mail that is in this exhibit,
9 which is on the first page. And it is an e-mail from
10 you to Paul Maritz and others dated January 22, 1998.
11 (The document referred to was marked
12 by the court reporter as Government Exhibit 371 for
13 identification and is attached hereto.)
14 Q. BY MR. BOIES: Did you send this e-mail
15 on or about January 22, 1998?
16 A. I don't remember doing so, but I have
17 no reason to doubt that I did.
18 Q. The next to last sentence says, "I
19 think we can gain a lot of share with IE on Mac if we
20 do some modest things."
21 Why were you interested in January,
22 1998, in increasing IE's share on Mac, as you
23 describe it?
24 A. I'm not sure what I was thinking in
25 particular when I wrote this mail, but I can --

1 sitting here now, I can give you some reasons that I
2 think I would have had for saying that.
3 Q. Okay. Would you do so, please.
4 A. Well, the use of IE on Macintosh was
5 beneficial to us in terms of the APIs we had there
6 and the content HTML extensions that we had there.
7 And when you go to people who do content, being able
8 to say to them that those extensions are popular not
9 only with PC users but Mac users, it makes it easier
10 to convince the content person to take unique
11 advantage of the innovations that we had made in HTML
12 as well as some of the innovations we had made in how
13 the browser was structured.
14 Q. I want to be sure I understand your
15 answer. You mentioned APIs and you mentioned the
16 HTML extensions. Are those two different things?
17 A. Yes, sir.
18 Q. Okay. And am I correct that the
19 broader distribution of the APIs is something that
20 makes writing to those APIs more attractive to
21 independent software writers?
22 A. If users are choosing to use the
23 software that those APIs are present in, it makes it
24 easier to convince software vendors to write to those
25 APIs.

1 Q. Let me ask the question this way. Why
2 were you interested in having Apple distribute your
3 APIs?
4 MR. HEINER: Objection.
5 THE WITNESS: Well, the key issue
6 wasn't about distribution at all. The key issue was
7 usage share by Mac users of the various browsers that
8 were available on the Macintosh.
9 Q. BY MR. BOIES: Why were you interested
10 in having the usage share of Mac users of your APIs
11 increase?
12 A. You -- that question is nonsensical.
13 Q. Okay. You were asked earlier why you
14 wanted to increase your share of IE on Mac, do you
15 recall that?
16 A. Yes.
17 Q. And am I correct that you said that
18 there were two reasons, one dealt with APIs and one
19 dealt with HTML extensions?
20 A. Yeah. I've thought of a third reason
21 since then, but that's right.
22 MR. HEINER: There was also a third
23 reason at the time. You might not remember it.
24 THE WITNESS: Now there might be three
25 or four.

1 Q. BY MR. BOIES: Why don't you tell me
2 the one you're thinking of and we'll see if it is the
3 same one Mr. Heiner is thinking of.
4 A. Well, I talked earlier about having
5 traffic out of IE is always of value.
6 Q. So those are the three reasons that you
7 can think of now; is that correct?
8 A. Those are three reasons that are among
9 the good reasons that raising usage share of IE on
10 Macintosh was a positive thing for Microsoft.
11 Q. I'd like to know the other reasons you
12 can think of now, if there are other reasons.
13 A. That's all I can think of right now.
14 Q. Okay. Why does increasing IE share on
15 Mac help you with respect to APIs?
16 A. Because the Mac IE had APIs.
17 Q. And how does having that help
18 Microsoft?
19 A. Because those APIs are in common with
20 some Windows APIs.
21 Q. And why does that help Microsoft?
22 A. If we do things that make our APIs in
23 Windows more attractive, it helps us in increasing
24 the volume of Windows that we license.
25 Q. Are you saying that increasing IE share

1 on Mac will help increase the number of Windows that
2 you license?
3 A. Yeah. I went through the chain of
4 logic that explains that to you. I don't know if you
5 misunderstood some part of it.
6 Q. All I'm trying to do is get your
7 answers on the record because if I begin to tell you
8 what I think about your answers, we'll be here all
9 day.
10 So am I correct that it is your
11 testimony here that increasing your share of IE on
12 Mac will increase the distribution of Windows?
13 A. I don't know what you mean by
14 distribution of Windows.
15 Q. The usage of Windows.
16 A. No. The number of copies that we
17 license.
18 Q. Will that be increased?
19 A. Through the indirect factors that I
20 explained to you, yes, there is a positive effect
21 there.
22 Q. So by increasing your share of IE on
23 Mac, you would expect to increase the number of
24 copies of Windows that you would license?
25 A. Yes, increasing our usage share over

1 time we think will help us to increase the number of
2 copies of Windows we will license.
3 Q. Does increasing IE's share on Mac make
4 it more likely that content providers will want to
5 use IE?
6 A. I don't know what you mean by content
7 providers using IE. Content providers use servers,
8 they don't use clients.
9 Q. Do you know what content providers are?
10 A. Yes.
11 Q. Give me an example of a content
12 provider.
13 Disney?
14 A. Disney.
15 Q. Disney would be a content provider.
16 Disney is an important content provider; correct,
17 sir?
18 A. Now you're going to have to give me
19 some context.
20 Q. Without me giving you some context, you
21 can't answer the question as to whether Disney is an
22 important content provider; is that your testimony
23 under oath?
24 A. Important in what sense?
25 Q. Important in the everyday, common usage

1 sense of what important means.
2 MR. HEINER: Mr. Boies, you're going
3 down one of those trails that you really don't need
4 to. If you go back to -- let me finish the point.
5 If you go back to the original question and answer,
6 Mr. Gates stated what part of the question he thought
7 he needed some clarification on, and it wasn't this
8 part.
9 MR. BOIES: I understand that. And I'm
10 trying to walk a balance between doing a number of
11 things, but this is somebody who won't tell me
12 whether he's going to come to trial and if he doesn't
13 come to trial, this is an evidentiary deposition and
14 if it's an evidentiary deposition, part of what I
15 need to do is make explicit on the record what I
16 think the credibility issues are. And so when I
17 think we get into what I will characterize, and
18 without meaning to engender a debate, but something
19 that might be alleged to be word games, I think it is
20 appropriate for me to make explicit what's going on
21 on the record. That's all I'm saying.
22 MR. HEINER: Okay. And I'm just saying
23 there was no question about content providers. The
24 issue was clients and servers and use of IE and can
25 easily be cleared up.

1 MR. BOIES: Okay. I'll try to do it.
2 Q. Actually, I think probably the word
3 "content providers" was not used, but the word
4 "content" was used by the witness and I think it was
5 used in the context of answering the question.
6 THE WITNESS: If you're actually
7 interested, it's the "use IE" where you seem to be
8 confused about what content providers do. There is
9 no question about what content provider means. When
10 you say "use IE," it's people who view content who
11 use IE.
12 Q. BY MR. BOIES: Right. And in order for
13 somebody to view content through IE, that content has
14 to be put someplace to begin with; right?
15 A. Yes.
16 Q. And one of the things that Microsoft
17 has tried to do is it has tried to convince content
18 providers to put content places and in a way so that
19 it was more attractive to view that content using IE
20 than with Netscape's browser; correct, sir?
21 A. It's not the places that make it
22 attractive. It's the way they use the HTML.
23 Q. What you've tried to do, what Microsoft
24 has tried to do, is get content providers to display
25 information in a way that would make it more

1 attractive to a user to view that content using IE
2 than using Netscape Navigator; correct, sir?
3 A. No. We tried to get them to author it
4 in a way that they exploit our HTML extensions.
5 Author.
6 Q. And is the effect of that to make it
7 more attractive for users to view the content using
8 IE than Netscape Navigator?
9 A. It totally depends on what they do --
10 what Netscape Navigator does with HTML extensions and
11 what that content provider does with those HTML
12 extensions.
13 Q. Let me ask what I think is a simple
14 question. Has Microsoft made an effort to get
15 content providers to agree to display information in
16 a way that makes that information more attractive
17 when viewed by the then existing Internet Explorer
18 than if viewed by the then existing Netscape browser?
19 A. Our efforts have been focused in
20 getting them to author so that it looks good in
21 Internet Explorer. These people are authors. They
22 don't do display, they do authoring.
23 Q. Let me try to use your words and maybe
24 that will move it along.
25 Have you tried -- has Microsoft tried

1 to get content providers to agree to, in your words,
2 author information and data in a way so that that
3 information and data is more attractive to users when
4 viewed through the then current version of Internet
5 Explorer than when viewed through the then current
6 version of Netscape's browser?
7 A. Our attempts to convince people to
8 author using our extensions is not relative to
9 Netscape. It's just a question of can we convince
10 them to use our extensions. And yes, we have
11 endeavored to convince them to use our extensions,
12 but that doesn't say anything about what they're
13 doing or how that stuff looks in Netscape.
14 Q. Are you saying that your effort to
15 convince content providers to use your extensions was
16 unrelated to what the effect would be on Netscape?
17 A. The effect on Netscape would be
18 indirect. Our intent in doing that was to increase
19 the popularity of our products.
20 Q. Was part of your objective also to
21 decrease the popularity of Netscape products?
22 A. Our intent was to increase the
23 popularity of our products.
24 Q. I'm asking a different question. The
25 answer may be simply no, but I'd like to have an

1 answer to my question, which is that in addition to
2 trying, as you say you were trying to, to increase
3 the popularity of your products, were you also trying
4 to decrease the popularity of Netscape products?
5 A. All of our effort was aimed at making
6 our product more popular. There may have been an
7 indirect effort in terms of their people choosing our
8 product over other people's products, but the focus
9 is on making our product more attractive.
10 Q. Did you enter into agreements with
11 content providers that limited the ability of those
12 content providers to make their content more
13 attractive when viewed through Netscape's then
14 current browser?
15 A. I'm not familiar with agreements that
16 we had with content providers.
17 Q. You're not familiar with them at all;
18 is that what you're saying?
19 A. I know that we had some, so I'm
20 familiar with their existence. I've never read one,
21 I've never seen one, I've never negotiated one.
22 Q. Have you ever discussed with anyone the
23 substance of what is in them?
24 A. What I know about them is that they --
25 they're related to the efforts to convince people to

1 take advantage of extensions we've done that make
2 those extensions worthwhile to end users.
3 Q. My question now is whether you've ever
4 discussed the substance of what's in those agreements
5 with anyone. And if you have --
6 A. To the degree I just described them,
7 yes. Beyond that, no.
8 Q. With whom did you have those
9 discussions?
10 A. Oh, it would have been in meetings with
11 various people. You know, Brad Chase, Paul Maritz.
12 Brad Silverberg in a certain period of time.
13 Q. And did they ever tell you that these
14 agreements with content providers limited what the
15 content providers could do with Netscape?
16 A. I don't think so.
17 Q. Do you know, as you sit here now,
18 whether any of the agreements that you entered into,
19 Microsoft entered into with content providers over
20 the last three years limited what those content
21 providers could do with Netscape?
22 MR. HEINER: This question now is,
23 perhaps intentionally, quite a bit broader than the
24 original question about extensions and so forth? Or
25 maybe it's not intentional.

1 MR. BOIES: It is a different question.
2 And if the witness doesn't understand it, I'll
3 rephrase it.
4 THE WITNESS: I know that when I was
5 going to testify in Washington, D.C. in the Senate,
6 that Netscape or someone was raising these content
7 provider agreements in an effort to create some
8 controversy around them. And so I was given like a
9 paragraph or two summary. And there were about 40
10 issues in general there, but one of the issues was
11 related to those agreements. And so there may have
12 been something in those paragraphs about the
13 agreements beyond what I knew about them earlier.
14 Q. BY MR. BOIES: But you don't recall the
15 substance of that now; is that what you're saying?
16 A. Well, I can tell you there was
17 something about in a period of time a certain class
18 who is on our channel bar, they could appear on
19 competitive channel bars, but if they -- they could
20 only pay us. There was something like that.
21 Q. That's an interesting one for you to
22 focus on. Can you think of any reason why you would
23 want content providers to agree that they would not
24 pay Netscape any money?
25 A. I know that we had hopes that the

1 channel bar would get some usage and we wanted to
2 work with some content providers to show off the
3 channel bar. And I can't give you the reasoning
4 behind any part of the ICP agreement because I wasn't
5 involved in those.
6 Q. But what I'm asking you now is whether
7 you, as you sit here now, can think of any legitimate
8 reason why Microsoft would be getting content
9 providers to agree not to pay Netscape? I'm not
10 talking about getting them to try to use your channel
11 bar. I'm talking about getting them to agree not to
12 pay Netscape.
13 A. You'd have to ask somebody else why
14 they put that in the agreement, unless you're asking
15 me to speculate wildly.
16 Q. Well, I don't know whether it would be
17 wild speculation or not, but I'm asking you whether
18 you, as you sit here now, as the chief executive of
19 Microsoft, can think of any legitimate reason for
20 Microsoft getting content providers to agree not to
21 pay Netscape?
22 MR. HEINER: Object to the question as
23 lacking foundation.
24 THE WITNESS: I'm not aware of any
25 broad prohibition against paying Netscape for

1 anything. I think there was something about relative
2 to the channel bar, we wanted some of the premier
3 partners, which is a very small number, to talk about
4 their work with us. And it would have been
5 embarrassing if all those same people were in the
6 same relationship with Netscape in that time period.
7 Q. In your answer in which you said that
8 you thought you recalled some of the things that you
9 were told in preparation for your hearing testimony,
10 you were the one, were you not, just a few minutes
11 ago who said that you recalled that there was some
12 provision that even if the content provider was on
13 another channel bar, they couldn't pay for it? Do
14 you recall saying that just a few minutes ago?
15 A. Uh-huh.
16 Q. You've got to say yes so the
17 reporter --
18 A. Yes.
19 Q. Now, that's what I'm asking about.
20 What I'm asking is whether you can think of any
21 legitimate reason why Microsoft would get a content
22 provider to agree not to pay Netscape?
23 A. I can guess about that if you want.
24 Q. What I'm asking is not whether you can
25 guess why you did it because we could all guess maybe

1 why you did it. What I'm asking is whether you can
2 think of any legitimate reason that would justify
3 doing that?
4 A. Sure.
5 Q. What?
6 A. Well, someone might have said, gee, it
7 would be embarrassing if all these same people
8 appeared in Netscape's equivalent in that time
9 period, let's have them agree not to appear at all.
10 And then someone else might have said no, let's not
11 be that restrictive, let's just make it less likely
12 they will appear by saying that they won't pay
13 Netscape to appear.
14 Q. But if you're going to let them appear,
15 why would you try to stop them from paying to appear?
16 A. It lowers the probability that they
17 will appear.
18 Q. And why does it do that, sir?
19 A. Because there's lots and lots of
20 content providers. And so in the channel bar, these
21 gold or premier or platinum -- I forget the
22 terminology -- slots, there's only visually, at least
23 in the way we did it, room for about five or six of
24 those. And so if you have a contract that says that
25 they won't take money from Netscpae to appear on

1 their channel bar, given the broad universe of
2 content providers that are out there, it's very
3 likely that Netscape will choose to pick people who
4 do pay them to be in their channel bar and therefore
5 you've lowered the probability that all the people
6 who appear in yours also appear in Netscape's.
7 Q. So that precluding people from paying
8 was an indirect way of trying to make sure that they
9 didn't appear on Netscape's channel bar; is that
10 right?
11 A. No. Now you've changed things. I've
12 told you I don't know why the provision was put in
13 there. You asked me if I could think of any set of
14 reasoning behind it, and which I did, and then you
15 changed and asked me a question about the history,
16 which again, I can't talk to you about the history.
17 Q. And I don't mean to be asking just
18 about the history. What I mean to be asking is
19 whether you, as the chief executive officer at
20 Microsoft -- and you testified yesterday about some
21 practices that you thought were consistent and some
22 practices that you thought were inconsistent with
23 company policy. And is it consistent with company
24 policy, let me approach it this way, to get companies
25 like content providers to agree not to pay

1 competitors, is that consistent with company policy
2 if that was done?
3 MR. HEINER: Objection.
4 THE WITNESS: Well, our company policy
5 is that when we're doing agreements, we rely on the
6 expertise of our law and corporate affairs department
7 to look at those and make sure that they're
8 appropriate. That's one of the things that's done in
9 agreements like that.
10 Q. BY MR. BOIES: Well, other than
11 whatever your lawyers tell you that you can do, which
12 I don't want to ask about because I think they will
13 probably object that it's privileged, do you have a
14 company policy that addresses the issue of whether it
15 is appropriate for Microsoft people to enter into
16 agreements that limit companies from doing business
17 with Microsoft's competitors?
18 A. There is no general policy that covers
19 that area. As I said, the very competent staff we
20 have is involved in reviewing agreements we reach.
21 Q. Did you ever have any conversations
22 with anyone about whether or not they could deal with
23 a competitor of Microsoft?
24 A. That's open ended enough that I'm not
25 sure what you mean at all.

1 Q. I mean to keep it open ended as an
2 initial question and then if you say no, I don't have
3 to go through it, but if you say yes, then I go
4 through who you met with and what you said.
5 MR. HEINER: Let's have the open-ended
6 question read back, if we could.
7 (The record was read as follows:
8 "Q. Did you ever have any conversations with
9 anyone about whether or not they could deal
10 with a competitor of Microsoft?")
11 THE WITNESS: I'd say the answer is
12 probably yes because, for example --
13 Q. BY MR. BOIES: If the answer is yes,
14 then --
15 A. No, I want to make -- I think I should
16 give an example so you understand how I've
17 interpreted your question.
18 Q. Could you give me a specific example?
19 A. Yes. IBM is a competitor of ours and
20 people have said to me should we fly out and meet
21 with IBM on this topic. And I've said in some cases
22 yes, we should and in some cases no, we shouldn't.
23 So that's a case where I was giving people advice on
24 whether they should deal with a competitor of
25 Microsoft.

1 Q. Were these people within Microsoft?
2 A. People -- yes.
3 Q. Now, have you ever had any personal
4 conversations with anyone other than a Microsoft
5 employee as to whether that person's company could or
6 should deal with a competitor of Microsoft?
7 A. Well, in terms of should, I might have
8 said to somebody that --
9 Q. No, no. I'm not asking what you might
10 have said. What I'm asking is what you remember
11 doing. I'm trying to move this along. I'm trying to
12 stay as concrete as I can and I'm not asking you to
13 speculate about what you might have done.
14 A. Okay. I know --
15 Q. I'm asking you what you remember doing.
16 A. I know concrete cases where I've told
17 customers that I think picking our product as opposed
18 to a competitor's product is in their best interests
19 and so they should pick our product. And in that
20 sense, yes.
21 Q. Have you told people that if they pick
22 your product, they can't use a competitor's product?
23 A. If there's a technical issue about how
24 things won't work together, possibly. But otherwise,
25 no.

1 Q. Do you know a Mr. Poole who works at
2 Intuit?
3 A. No.
4 Q. You do not?
5 A. No. I think you're confused.
6 Q. You may be right, but all I need to do
7 is get your testimony down and then people can judge
8 for themselves.
9 So it is your testimony that you do not
10 know anyone who works at Intuit who is named
11 Mr. Poole. Do you know somebody at Microsoft who
12 deals with Intuit who is named Mr. Poole?
13 A. Yes. It's quite distinct.
14 Q. Yes. The distinction actually is at
15 the heart of what I'm going at, sir.
16 What is Mr. Poole's first name?
17 A. Will. That's at least what he goes by.
18 Q. And what has Mr. -- what is Mr. Will
19 Poole's title?
20 A. I have no idea.
21 Q. You have dealt directly and personally
22 with Mr. Poole, have you not, sir?
23 A. Not until very recently.
24 Q. When was the first time that you dealt
25 directly and personally with Mr. Poole?

1 A. Well, if you mean was he ever on an
2 e-mail that I went back and forth on, that probably
3 goes back -- that could be any time in the last few
4 years. In terms of actually being in a meeting that
5 Will was in, I think that's quite recent.
6 Q. When?
7 A. Which?
8 Q. Both.
9 A. I said in terms of e-mail, that would
10 be the last couple years. How can I be more concrete
11 than that? I answered the question.
12 Q. Can you be more concrete than the last
13 couple years?
14 A. No.
15 Q. Okay. Now, when with respect to the
16 meeting?
17 A. I don't think I was in a meeting that
18 he was in until maybe two or three months ago.
19 Q. Did you ever have a discussion with
20 Mr. Poole, either orally or through an e-mail, in
21 which you told Mr. Poole what the conditions were
22 pursuant to which Microsoft would give Intuit access
23 to a position on the Active Desktop?
24 A. There may have been mail on that
25 general topic, but I don't remember any specific

1 mail.
2 Q. Did you have any discussions with
3 Mr. Poole, apart from e-mail?
4 A. No.
5 Q. Did you tell Mr. Poole in words or in
6 substance that Intuit could get access to a position
7 on the Active Desktop only if it would agree not to
8 deal with Netscape?
9 A. There may have been some discussion
10 about whose browser technology Intuit chooses to
11 integrate its products with. There certainly wasn't
12 anything broadly about dealing with Netscape.
13 Q. Let me try to be as precise as I can.
14 Did you tell Mr. Poole in words or in substance that
15 if Intuit wanted to have access to a position on the
16 Active Desktop, Intuit would have to agree to use
17 Microsoft's browser technology and not use Netscape's
18 browser technology?
19 A. I don't remember that specifically, but
20 I do know that we were, in various time periods,
21 endeavoring to get Intuit to choose the component
22 ties to IE technology as the way that Quicken -- the
23 default way that Quicken would bring up a browser.
24 In fact, they've always supported both browsers at
25 all times.

1 Q. My question to you is whether you told
2 Mr. Poole either orally or through e-mail that in
3 order for Intuit to get access to a position on the
4 Active Desktop, Intuit would have to agree not to use
5 the Netscape browser technology? Did you tell
6 Mr. Poole that orally or through e-mail?
7 A. I know we were talking with Intuit
8 about using IE as the default browser because of our
9 technology. So in that sense of being a default, we
10 were trying to get them to favor IE. But I don't
11 remember any specific thing beyond that.
12 Q. So is it your testimony that you do not
13 remember telling Mr. Poole in words or in substance
14 that if Intuit was to have access to a position on
15 the Active Desktop, Intuit would have to agree not to
16 use the Netscape browser technology?
17 A. Intuit has supported the Netscape
18 browser technology at all times and I never thought
19 there was any chance of avoiding them supporting the
20 Netscape browser technology. I did think there was a
21 chance that we would become the default and I was
22 hoping we could convince them that it made sense for
23 them to make us the default.
24 Q. Default browser?
25 A. That's right.

1 Q. I understand that's what you said and I
2 do want to explore that, but I want to first be clear
3 that it is your testimony that you never told -- or
4 at least you don't recall ever telling Mr. Poole in
5 words or in substance that in order to get access to
6 a position on the Active Desktop, Intuit would have
7 to agree not to deal with Netscape or not to use the
8 Netscape browser technology?
9 A. I don't remember using those exact
10 words.
11 Q. How about substance?
12 A. In terms of substance, my desire to get
13 us to be the default did imply a favorable position
14 for us relative to other browsers.
15 Q. Is it fair to say that your position
16 with respect to wanting to become the default browser
17 for Intuit meant that the Microsoft browser would
18 have a more favorable position, but it would not
19 preclude Intuit from dealing with Netscape; is that
20 correct?
21 A. That's right.
22 Q. Now, I want to follow up on that issue,
23 but before I do, I want to be absolutely certain that
24 I have your testimony now clear. And that is,
25 leaving aside the issue of becoming the default

1 browser, did you ever tell Mr. Poole in words or in
2 substance that in order for Intuit to have access to
3 a position on the Active Desktop, Intuit would have
4 to agree not to deal with Netscape or not to use the
5 Netscape browser technology? Did you ever
6 communicate that to Mr. Poole in words or in
7 substance?
8 A. You can't leave out the idea of the
9 default browser. It's nonsensical to say did you do
10 that but leaving out the notion of the default
11 browser. The substance of us being the default
12 browser is that that's a favorable position for our
13 browser. So what you've just asked me is
14 nonsensical.
15 Q. Does making Internet Explorer the
16 default browser preclude Intuit from dealing with
17 Netscape?
18 A. In a specific way, yes.
19 Q. In what way?
20 A. Any deal that relates to them being the
21 default browser.
22 Q. Other than a deal that involves them
23 becoming the default browser, does it preclude Intuit
24 from dealing with Netscape?
25 A. Not necessarily.

1 Q. So that Intuit could make Internet
2 Explorer its default browser but still deal with
3 Netscape with respect to Netscape's browser, correct?
4 A. Intuit at all times has supported the
5 Netscape browser.
6 Q. Now, I think it has to be clear from
7 what you just said that it is your view that becoming
8 the default browser does not preclude Intuit from
9 dealing with Netscape completely in terms of
10 browsers; is that fair?
11 A. Well, it was the issue that would have
12 been of the most interest to us.
13 Q. I'm not asking what the interest was
14 that you had or what the issue was that was of most
15 interest to you. What I'm asking is whether, aside
16 from the issue of the default browser, have you ever
17 told Mr. Poole in words or in substance that in order
18 for Intuit to get access to a position on the Active
19 Desktop, Intuit would have to agree not to deal with
20 Netscape or not to use the Netscape browser
21 technology at all?
22 A. That question doesn't make sense to me.
23 If you say that somebody is not the default, you're
24 certainly affecting how they deal with you on the
25 browser.

1 Q. Would you explain what you mean by
2 that?
3 A. We wanted to convince Intuit to make us
4 the default browser.
5 Q. And making you the default browser,
6 does that preclude them from dealing with Netscape at
7 all in terms of browsers?
8 A. Not in every respect, no.
9 Q. Okay, not in every respect.
10 Did you ever tell Mr. Poole in words or
11 in substance that if Intuit was going to obtain
12 access to a position on the Active Desktop, Intuit
13 would have to stop supporting the Netscape browser?
14 A. Well, supporting can mean a lot of
15 different things. I know that --
16 Q. I mean what you mean when you said it.
17 A. I never expected at any time that they
18 would not support the Netscape browser in terms of
19 running with it, working with it, supporting it and
20 all those things. In terms of did I use that
21 specific word, no, I don't -- I don't have a
22 recollection. But, you know, support can mean quite
23 a few things.
24 Q. What I'm not doing right now is asking
25 what you meant by support. What I'm asking you is

1 whether you told Mr. Poole that. Do you understand
2 the distinction?
3 A. Did I use those words?
4 Q. That you told Mr. Poole --
5 A. See, if you're going to ask me did I
6 use the exact words, you can ask me that question.
7 Or if you're going to ask me if I said something like
8 that, that's okay, but then I have to actually
9 understand what the words -- what you mean by the
10 words.
11 Q. Let's take it one step at a time.
12 Did you tell Mr. Poole that if Intuit
13 was to have access to a position on the Active
14 Desktop, Intuit would have to stop "supporting" or
15 could no longer "support" the Netscape browser?
16 A. What does it mean when you keep going
17 in and out of quotes like that?
18 Q. It means you used the word "supporting"
19 or you used the word "support."
20 MR. HEINER: In that case, you should
21 put the document in front of the witness.
22 MR. BOIES: I'm just asking whether he
23 ever communicated that orally or in writing or by
24 e-mail to Mr. Poole.
25 MR. HEINER: I think you twice

1 testified in the scope of your questions about things
2 he said. And so if you have a document, at some
3 point, just put it --
4 MR. BOIES: I'm just asking him whether
5 he said it.
6 THE WITNESS: Whether I said what?
7 Q. BY MR. BOIES: Well, whether you told
8 Mr. Poole that if Intuit was to have a position on
9 the Active Desktop, that Intuit would have to agree
10 to stop supporting or could no longer support, that
11 is, you used the word "support," the Netscape
12 browser? Did you do that, sir, in e-mail
13 communications or orally or any other form of
14 communications to Mr. Poole?
15 A. I don't remember using those words, if
16 that's the question.
17 Q. Do you remember whether or not you used
18 those words?
19 A. No.
20 Q. Let me turn now to the substance of
21 what you told Mr. Poole. And what I'd like you to
22 describe for me in your own words is what did you
23 tell Mr. Poole, either orally or by any other form of
24 communication, Intuit would have to agree to in order
25 to get access to a position on the Active Desktop?

1 MR. HEINER: Objection. I may be
2 mistaken, but I think the question lacks foundation.
3 MR. BOIES: I will rephrase the
4 question.
5 Q. What, if anything, did you tell
6 Mr. Poole --
7 A. I'm not sure if I told Mr. Poole or
8 Mr. Chase or Todd Nielson or who, but I'm sure I
9 communicated that the kind of support Intuit had been
10 giving where Netscape was the default browser, that I
11 didn't see that as consistent with agreeing with
12 them -- for them to be featured on the active channel
13 bar.
14 Q. I think that goes to what you were
15 saying before, which is that you wanted Microsoft's
16 browser to become the default browser?
17 A. That's right.
18 Q. Now, what I'm trying to do is ask
19 whether you went beyond that in talking to Mr. Poole.
20 Did you say to Mr. Poole that if Intuit is going to
21 get access to a position on the Active Desktop,
22 Intuit had to do something more than simply make IE
23 the default browser?
24 A. That was my goal there, which of course
25 would imply a change in how they'd been supporting

1 Netscape as the default browser.
2 Q. I understand that you said you wanted
3 IE to be the default browser and that inevitably
4 means that Netscape can't be the default browser
5 because you can only have one default browser; right?
6 A. Right.
7 Q. What I'm now asking is did you go
8 beyond that and say to Mr. Poole that if Intuit was
9 going to get access to a position on the Active
10 Desktop, Intuit would have to do something more than
11 simply make IE the default browser?
12 A. I don't think so.
13 Q. Did you ever say that to Mr. Chase or
14 to anyone else?
15 A. I don't think so.
16 Q. Or communicate it in e-mail or some
17 other communication?
18 A. I included that. So no, I don't think
19 so.
20 Q. I thought you might have included it,
21 but I wasn't sure, so I wanted to be clear.
22 MR. HEINER: If we've come to a logical
23 stopping point within this small subset of this
24 point, let's break for lunch.
25 MR. BOIES: Okay.

1 MR. HEINER: Okay.
2 VIDEOTAPE OPERATOR: The time is 11:54.
3 We're going off the record.
4 (Lunch recess.)
5 * * *
9 I hereby declare, under penalty of
10 perjury, that the foregoing answers are true
11 and correct to the best of my knowledge and
12 belief.
13 EXECUTED AT_____________, WASHINGTON,
14 this_________day of________________, 1998.
16 ________________________________

) ss.
4 I, Kathleen E. Barney, CSR 5698, a
5 Certified Shorthand Reporter in and for the State of
6 California, do hereby certify:
7 That, prior to being examined, the
8 witness named in the foregoing deposition was by me
9 duly sworn to testify the truth, the whole truth, and
10 nothing but the truth;
11 That said deposition was taken down by
12 me in shorthand at the time and place named therein
13 and was thereafter reduced to typewriting under my
14 supervision; that this transcript is a true record of
15 the testimony given by the witness and contains a
16 full, true and correct record of the proceedings
17 which took place at the time and place set forth in
18 the caption hereto as shown by my original
19 stenographic notes.
20 I further certify that I have no
21 interest in the event of the action.
22 EXECUTED this_______day of____________,
23 1998.
24 ______________________________
25 Kathleen E. Barney, CSR #5698

Released Pursuant to 15 U.S.C. §30

When Bill Gates Pays a University Through His Friend Epstein (Sex Trafficker) to Call Buildings After Himself

Posted in Bill Gates, Free/Libre Software, Videos at 12:39 pm by Dr. Roy Schestowitz

Related: Joi Ito Already Admitted on the Record That Bill Gates Had Paid MIT Through Jeffrey Epstein

Summary: The closest RMS will ever get to paying (tribute to) the bill

“He has shut down lots of Computer Science departments by dropping money on weak universities and colleges and then named a building at each,” an associate of ours remarked.

Links 12/10/2020: New Linux Release, Pitivi 2020.09

Posted in News Roundup at 5:45 am by Dr. Roy Schestowitz

  • GNU/Linux

    • 9to5Linux Weekly Roundup: October 11th, 2020

      The second installment of the 9to5Linux Weekly Roundup, for the week ending October 11th is here to keep you guys up to date with the most important things that have happened this week in the Linux world.

      This week has been a bit slow but there were some interesting releases and announcements, and you can check them all out below. But first, I’ll kick off the 9to5Linux Weekly Roundup for October 11th, 2020, with a big THANK YOU to the new donors and some important website changes.

    • Linux Weekly Roundup #99

      Hello and welcome to this week’s edition of our Linux Roundup!

      There were no major Linux releases this week but we continued to look at Ubuntu 20.10 releases, as well as the remixes, so we have plenty of releases for you.

      KDE Plasma 5.20 Beta has been released and it is a big release!

    • This Week in Linux: GNOME 3.38.2, New Kubuntu Laptop and More

      Here’s the Linux Weekly roundup series, curated for you from the Linux and opensource world on application updates, new releases, distribution updates, major news, and upcoming highlights.

      This week there has been plenty of app updates, distribution release announced. In this weekly update series, we cover all the happenings with links and quick summary for you so that you can stay updated and wrap up your week with a summary.

    • Desktop/Laptop

      • Top 10 Laptops that Ship with Linux Pre-installed [2020 Edition]

        If macOS or Windows-based systems no longer intrigue you, laptops that come with Linux pre-installed are definitely something to check out before deciding. While the Linux OS may have a bit of notoriety for being technical and complicated, tons of Linux distributions are perfect for beginners and will make the transition much easier. Also, Linux is open-source, free, and more secure. Being mainstream and popular makes Windows a target for viruses and cyber threats.

        You can install Linux on almost all laptops, but even better is that you can get it pre-installed on the laptops we will list here. Without Dell’s exception, there aren’t any popular laptop vendors that provide Linux as the base operating system. Leaving us with smaller manufacturers who have built a specific niche for themselves as they exclusively offer the best laptops with Linux pre-installed.

      • Acer Chromebook Spin 713 review: You can’t get a better Chromebook than this for $629 – About Chromebooks

        For most of the last few weeks, I’ve been using an Acer Chromebook Spin 713 review unit. I was impressed by this convertible Chromebook just from the first impressions. And now? Everyday usage has confirmed my initial experience: I don’t think you can buy a better Chrome OS laptop for $629.

    • Audiocasts/Shows

      • KDE Connect: It’d Be Cool To Respond To SMS On Linux – YouTube

        KDE Connect is one of those applications that seems like a really awesome idea, I’d love to recieve my phone notifications on my desktop and respond to sms without having to touch my phone but in it’s current form the implementation is effectively broken due to updates that happen to Android. Some people have far more luck with this than I do but I can only show what I actually see.

      • Linux that looks like Mac – YouTube

        Let’s make Linux look exactly like macOS! This has been tested in Ubuntu, PopOS, and other GNOME-based distributions.

      • GNU World Order 375

        The music players **mpg123** and **moc** (**mocp**), plus the popular **mc** file manager and **most** pager.

      • Linux Action News 158

        NextCloud makes some significant changes, and we share our reaction; IBM is planning to split into two, but we have some questions, and Firefox may soon display sponsored “top sites.”

        Plus Nvidia’s Jetson Nano release and the freaky future of low-level AI, and our thoughts on Coninbase’s recent news.

    • Kernel Space

      • Oracle Linux 7 Update 9 Released with Kernel 5.4 and More

        Oracle announced the immediate availability of Oracle Linux 7 Update 9 which is an enterprise-grade Linux distribution mainly for servers built from Red Hat Enterprise Linux (RHEL).

      • Linux Kernel 5.9 Is Now Available for Download, Here’s What’s New

        Linus Torvalds announced today the release and general availability of the Linux kernel 5.9, a major version that introduces various new features and improvements, along with new and updated drivers. Development of Linux kernel 5.9 kicked off about two months ago when Linus Torvalds announced the first Release Candidate (RC) milestone.

        After no less than eight RCs, the final release is out now and it should be coming to some of the most popular rolling release distributions in the next few weeks. As for the highlights of Linux 5.9, there’s support for the Unicore architecture, Zstandard (Zsdt) compression support for building x86 kernels, full support for asynchronous buffered read operations in the io_uring subsystem, as well as a new rescue= mount option and various performance improvements for the Btrfs file system.

      • Linux Kernel 5.9 Released. This is What’s New.

        A new, stable Linux Kernel 5.9 is announced by Linus Torvalds. This kernel release is a big release in terms of hardware, graphics, and other performance updates.

      • Linux Lite Users Are the First to Try Linux Kernel 5.9, Here’s How

        Linux kernel 5.9 was announced a few hours ago by Linus Torvalds and, as expected, it brings a bunch of updated and new drivers for better hardware support, along with several new features and various improvements.

        If you need any of the features implemented in Linux kernel 5.9, you can now install it on your Linux Lite computer in just a few minutes, following the next instructions. However, if you don’t need them and your Linux Lite installation is working perfectly, you should refrain from installing it.

      • The 5.9 kernel has been released

        Linus has released the 5.9 kernel. “Ok, so I’ll be honest – 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. It’s just more commits and more lines changed than I would have wished for.” Some of the significant features in this release are: x86 FSGSBASE support, capacity awareness in the deadline scheduler, the close_range() system call, proactive compaction in the memory-management subsystem, the rationalization of kernel-thread priorities, and more. See the KernelNewbies 5.9 page for more details.

      • Linux 5.9 Boosts CPU Efficiency With FSGSBASE Help
      • Linux 5.9 Boosts CPU Performance With FSGSBASE Support – Slashdot

        FSGSBASE support in Linux “has the possibility of helping Intel/AMD CPU performance especially in areas like context switching that had been hurt badly by Spectre/Meltdown and other CPU vulnerability mitigations largely on the Intel side,” Phoronix wrote back in August.

      • Linux 5.9
        Ok, so I'll be honest - 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. It's just more commits and more
        lines changed than I would have wished for.
        The bulk of this is the networking fixes that I already mentioned as
        being pending in the rc8 release notes last weekend. In fact, about
        half the patch (and probably more of the number of commits) is from
        the networking stuff (both drivers and elsewhere).
        Outside of that, the most visible thing is a reinstatement of the
        fbdev amba-clcd driver - that's a noticeable patch, but it's basically
        just mainly a revert.
        The rest is really really tiny (mostly some other minor driver
        updates, but some filesystem and architecture fixes too). There's just
        a bit more of those kinds of tiny details than there should be fo this
        kind of last delayed week. But since nothing in there gives me any
        particular reason to delay another week, here we are.
        That obviously means that the merge window for 5.10 is open, and I'll
        start doing those pulls tomorrow. I already have a couple of pulls
        pending, but I hope people take the time to just do one last test of
        the final 5.9 release.
        So go get it.
      • Linux 5.9 Release – Main Changes, Arm, MIPS & RISC-V Architectures

        Linux 5.8 added basic support for IBM POWER10 Processor, support for inline encryption hardware usually found in storage devices, the Kernel Concurrency Sanitizer (KCSAN) dynamic data race detector for kernel space, and more.

      • Linux 5.9 Released With Initial AMD RDNA 2 GPU Enablement, Other New Hardware Support

        Linus Torvalds has just released Linux 5.9 as stable.

        Linux 5.9 is out as the 2020 autumn kernel update. Linux 5.9 has a number of exciting improvements including initial support for upcoming Radeon RX 6000 “RDNA 2″ graphics cards, initial Intel Rocket Lake graphics, NVMe zoned namespaces (ZNS) support, various storage improvements, IBM’s initial work on POWER10 CPU bring-up, the FSGSBASE instruction is now used, 32-bit x86 Clang build support, and more. See our Linux 5.9 feature overview for the whole scoop on the many changes to see with this kernel.

      • The AMD Radeon Graphics Driver Makes Up Roughly 10.5% Of The Linux Kernel

        Given the impending release of Linux 5.9, I was having some fun with cloc today looking at the current lines of code count for this near-final Linux 5.9 kernel state.

        As of today in Linux 5.9 Git, the kernel is about 20.49 million lines of code plus another 3.58 million lines of code comments and another 3.72 million blank lines. Or all in, Linux 5.9 comes in at roughly 27.81 million lines distributed among some fifty-nine thousand source files.

      • AMD Hopes To Get Sensor Fusion Hub Driver For AMD Laptop Gyroscopes And Other Sensors Into Linux 5.10

        AMD’s Sandeep Singh has submitted yet another revision of AMD’s Linux HID driver for the Sensor Fusion Hub hardware in all AMD laptops based on Ryzen processors. That makes it eight in total. This could be the lucky revision that makes it into the Linux kernel when the Linux 5.10 merge window opens up on Monday.


        The fourth revision of the Fusion Hub Driver was rejected by Intel’s Linux driver engineer Andy Shevchenko who pointed out a long list of issues and concluded that “it requires a bit of work”.

        AMD’s Sandeep Singh didn’t give up after being absolutely crushed by the competitions Linux driver engineer. He optimistically submitted a fifth revision with hopes that this would be the one. Andy Shevchenko had several objections and Sandeep Singh had to go back to the drawing board.

      • Arm Memory Tagging Extension Ready For Linux 5.10

        While the Linux 5.9 kernel isn’t even being released until later today, the ARM64 architectural changes have already been mailed in ahead of the opening of the Linux 5.10 merge window.


        The ARM64 code in Linux 5.10 is also bringing enhancements to Pointer Authentication as another security feature. There is also ASID pinning, memory management updates, support for prefetchable PCI BARs, and other code cleanups going into this next kernel.

      • There Are Many Changes To Look Forward To With The Linux 5.10 Kernel – Phoronix

        The Linux 5.9 kernel is expected for release this evening which will in turn kick off the Linux 5.10 merge window for the next two weeks. As we’ve already been closely monitoring the various “-next” development trees in recent weeks of material building up for this next cycle, here is a look at a portion of what’s to come for this late 2020 kernel.

      • Intel Continues Prepping PKS For The Linux Kernel (Protection Keys for Supervisor) – Phoronix

        Intel engineers continue working on “Protection Keys for Supervisor” support for the Linux kernel as a feature coming to a future generation of processors (presumably Sapphire Rapids). The initial users of this PKS support will be helping to protect persistent memory as well as adding safeguards to Trusted Keys within the Linux kernel.

        Protection Keys for Supervisor (PKS) is akin memory protection keys (PKU / PKEYs) that has been supported since 1st Gen Xeon Scalable processors while the “supervisor” focus is in reference to the elevated ring with the kernel. The PKS support will presumably be Sapphire Rapids, based on the recent bring-up of other features coming to that Ice Lake Xeon successor due out around the end of 2021.

    • Applications

      • Best Note Taking Apps for Linux

        This article will cover useful note taking apps for Linux. The list will include free and open source apps, developed using Linux native UI toolkits like GTK and Qt.

        Most of the apps listed above have been in development for a long time and they are quite stable. If you are looking for desktop note taking apps with local or cloud synchronization, these are some really solid choices

      • Pitivi 2020.09 — Hocus focus – Pitivi

        Since the 2014 fundraiser and until Pitivi 0.999 released in 2018, we included only critical features to focus on quality. For example, the proxy functionality which allows precise editing by seamlessly using the optimized media when the original media format is not supported officially.

        Life and GSoC happens and we developed many good features over this period. Most of these originate from the Google Summer of Code program in which we took part, but not only. The new features came with accompanying unit tests and they have been merged only after careful code reviews. Even so, we kept them in the development branch.

        This approach led to extra work for taking care of two branches. In addition to a “stable” branch out of which we were making releases, we also maintained a “development” branch in which we were merging cool features. Luckily, despite not much appearing to be happening with the project due to releases containing only bug fixes, contributors kept showing up, and not only because of GSoC.

        Since the previous release we came to our senses and reconsidered the earlier decision. Pitivi 2020.09 includes a ridiculous number of new features, for your delight. Read the full list below and get ready to be blown away by what our contributors built.

      • Pitivi 2020.09 Video Editor Released With Better Stability, Many New Features – Phoronix

        Pitivi 2020.09 is now available (well, actually, was tagged ten days ago but only announced today) as the first release for this GNOME video editor solution since Pitivi 0.999 back in August 2018.

        Given two years have passed since the previous Pitivi release, Pitivi 2020.09 is bringing with it many improvements and quite significantly better stability. Pitivi 2020.09 ships with “a ridiculous number” of new features, many bugs have been fixed with the GStreamer Editing Services, and more. They now feel GStreamer Editing Services has reached “1.0″ status even though they aren’t officially declaring such a version.

      • 3 Best free video players to download for Linux Distros

        Generally, we use a built Video Player available with an operating system in Linux. However, those are bing upon videos, movies, or deal in video editing they should look for other good quality free or open-source video players to use on Linux. Here, we are listing some of the best Video Plays with not only nice UI but also all features that one needs.

        In reality, there are so many video players available, you will get various articles showing the top 10 or 15 best open source video player lists but most of them either outdated or just the same player with a different front end. What I think the video player comes along with Linux OS Desktop environments such as with GNOME, KDE, and more are enough to handle various kinds of videos. Still, if someone wants a third party Media player then VLC Media is the best to go, nothing else you need. However, yet apart from VLC, I have given two more options in case someone wants to try something else. See: Install MystiQ Video Converter on Ubuntu 20.04

      • Liferea 1.3.3 Released with Webkits Intelligent Tracking Protection [PPA]

        Liferea, Linux Feed Reader, released version 1.3.3 a few days ago with a lot of improvements. Here’s how to install it in Ubuntu 18.04, Ubuntu 20.04.

    • Instructionals/Technical

    • Games

      • 505 Games confirm that Indivisible is finished due to Lab Zero Games imploding

        With all the issues surrounding Lab Zero Games and the owner Mike Zaimont, after most of the team left and the rest were let go – 505 Games have given a statement.

        Their statement concerns Indivisible, since Lab Zero are basically no more the publisher was forced to clarify what will happen to it. In short: it’s finished. In the statement on Steam they confirmed that “apart from content that is already in submission, there will unfortunately be no more production on the game”. This means the planned Guest Characters and Backer-created characters will no longer be coming.

      • Thrive, the free and open source evolution game has a massive new release up

        After switching to Godot Engine back in May, things seem to be going really well for the free and open source evolution sim Thrive, as they have a huge release out now.

        With a lot of work that went into it, Thrive 0.5.2 brings back a proper tutorial mode so you can get to learn it properly now. This goes over movement, resource collection, how to evolve and more. Hopefully this will allow more people to actually see what it offers.

      • Vircadia is an in-development free and open source decentralized 3D social space

        Remember social games like Second Life? Vircadia, was created from a failed spiritual successor to it and it’s free and open source too. Originally known as Project Athena, they’ve recently begun making some public announcements to bring more attention to it.

        The idea is to have a big shared 3D social space that supports both normal and Virtual Reality PC hardware with support for Linux, macOS, Windows and Android. Unlike other social stuff, since it’s open source it can’t just be shut down and anyone can use it and it allows people to create their own avatar, their own worlds and much more.

    • Desktop Environments/WMs

      • Now and Then: The Development of 6 Lean Desktop Environments

        Back in early 2008, we published a feature recommending the best 6 lean desktop environments. These desktops are: Xfce, ROX Desktop, LXDE, FVWM-Crystal, EDE, and Étoilé.

        How did these desktop environments fare over the past 12 years? Are they still going strong, are they outclassed by other software, or are they only remembered like fingerprints on an abandoned handrail?

        Let’s start with Xfce.

      • K Desktop Environment/KDE SC/Qt

        • KDE/Plasma Status Update 2020-10-12 | There and back again

          On the OBS side, I have updated the KDE Apps to 20.08.2, and the KDE Frameworks to 5.75. Especially the update of apps brings in at least a critical security fix.

          Concerning the soon to be released Plasma 5.20, packages are more or less ready, but as reported here we have to wait for Qt 5.15 to be uploaded to unstable, which is also planned in the near future.

        • Linux desktop shell IPC: Wayland vs. D-Bus, and the lack of agreement on when to use them

          On the Linux desktop today, we have two dominant IPC technologies in use between applications and the desktop environment: Wayland and D-Bus. While created for different reasons, both are generically extensible and can be used to exchange data, synchronize state and send requests and signals between peers. A large number of desktop use cases are implemented using either technology, and some use cases are already distributed across both of them. The status quo is mostly the result of organic growth, with individual implementation choices down to tech friction or the lack thereof.

          For some use cases the choice of which to use is not obvious. This is one of the factors still slowing down the standardization and therefore adoption of Wayland-based sessions currently.


          Wayland (cool book link this time!) is the designated successor to the venerable X windowing system. Born from the same community, it’s certainly informed by some of X’s successes, but also many of the pain points experienced by implementers of X over the years. A lot of the advances in Wayland relate to the particular problems of windowing and presentation, but its heritage also did much to set the scene for revisiting what really belongs into the core windowing system and what doesn’t. D-Bus and even its own direct predecessors did not exist for much of X’s long and storied history. Conversely, in the Wayland world it has become a lot harder (in terms of scrutiny applied by the community) to get a desktop feature into a widely-adopted spec than it was in X, which for a long time was the only widely adopted transport medium in place.

          D-Bus is a far more generic IPC/RPC technology supporting a wider variety of connection patterns between parties. Service activation through the bus, multicast signals open to any participant, pervasive introspection of interfaces – you won’t find much of this in Wayland, and D-Bus is the latest in a chain of technologies driven by genuine needs for such capabilities.

          There’s a third element to the discussion, and it’s the rise of the freedesktop.org standards ecosystem, broadly promoting interoperability between desktop environments and the portability of apps between them. Put on a timeline, freedesktop.org and D-Bus happened a decent number of years prior to the arrival of Wayland – D-Bus, therefore, has a headstart in being the medium of choice for freedesktop.org specs and fd.o standards being referenced in protocol and service designs.

      • GNOME Desktop/GTK

    • Distributions

      • Newest RoboLinux 11 Update Goes Far Beyond Typical Linux

        Whatever brings you to Robolinux, this distro goes far beyond what other new-user-friendly distros offer about resembling the look and feel of Microsoft Windows. RoboLinux delivers a solid performance and is stuffed with some of the best applications that Linux has to offer.

        Robolinux also has dozens of popular applications such as VLC, Audacious, Firefox, Thunderbird, Deluge Torrent client, Brasero CD/DVD burner, and Simple Screen Recorder.

        This distro is packed with many custom one-click installers like Tor Browser, 12P, Steam Wireshark, Opera, and Brave browser. Add the additional RoboLinux toolset to the array of controls already available in the three desktop environments and you get an unbeatable computing experience.

        RoboLinux comes with everything you need — and then some — to make daily computing tasks convenient. Many of the software packages typically are not found bundled in other Linux distros.

        This makes an awesome combination. RoboLinux could be an ideal vehicle for both enterprises and SMBs to make the migration to Linux.

      • Reviews

        • Review: Nitrux 2020.09.05

          Nitrux is an Ubuntu-based Linux distribution suitable for laptops and desktop computers. Its main desktop environment is NX Desktop, a KDE Plasma desktop enhanced with “plasmoids” to create a special blend of aesthetics and functionality.

          The distribution’s website mentions a handful of key features including NX Firewall, a tool for simplifying firewall management. There is also a backup utility for automating and scheduling backups called Kup which is built into the distribution’s settings panel. The Nitrux website also promotes using AppImage portable applications and suggests using AppImageHub, a central repository of portable packages, similar to how Flathub provides a repository of distribution-neutral Flatpaks.

          I downloaded the ISO for Nitrux which is about 3GB in size. The distribution is available for 64-bit (x86_64) machines exclusively. Booting from the provided media brought up a menu offering to start the distribution in either live desktop or failsafe modes. Taking the live desktop entry loads the Plasma desktop – or a login screen, it varied during my trial. When the system brought up a login prompt I could sign in using “nitrux” as both the account username and password.

          Once the Plasma desktop loads we find a panel placed across the top of the screen. The application menu is located to the left of this panel and the system tray to the right. There is a dock with some application launchers at the bottom of the desktop. One icon that launches the project’s system installer is placed in the upper-left corner of the desktop. The Plasma environment uses a fairly dark, minimal theme. Once I had explored the live environment a little I turned my attention to the installer.

      • Screenshots/Screencasts

        • KDE Plasma 5.20 Beta Run Through – YouTube

          In this video, we are looking at KDE Plasma 5.20 Beta. Enjoy!

        • KDE Plasma 5.20 Beta

          Today we are looking at KDE Plasma 5.20 Beta. As usual, we just do a run-through of the Beta release of the new KDE Plasma desktop environment and when the stable release is out we look at some of the new features that stand out for us, so keep your eyes out for it! However, in this run through you can have a look at some of the new features added and check out the release notes, link below for more info about the changes, and more!

      • Arch Family

        • Chris Down, Facebook: Linux memory management at scale

          Facebook-employed Linux kernel engineer Chris Down held a 40 minute talk about memory management at the Arch Conf 2020 today. It was filled with useful insights, tips and strategies for Linux memory management using modern kernel frame-works like cgroups and tools like the oomd userspace Out-Of-Memory killer. The memory management strategies that vastly improved Facebook’s servers may benefit your servers or perhaps just your desktop or laptop.


          Chris Down gave several interesting insights into Facebook’s servers and how they mange them that are practically useful for anyone who has one or more servers, or just a regular desktop computer running Linux.

        • Distri – Comparing Apples and Oranges?

          Last weekend we had what I consider to be the very successful Arch Conf 2020. This included a talk by Michael Stapelberg about distri, his Linux distribution to research fast package management.

          Michael showed an example of installing QEMU in Arch vs distri, very similar to the results given on his post about Linux package managers being slow. There are a couple of examples of installing packages in that blog post – one pacman comes out looking quite good, one it comes out looking OK (at least it beats apt on Debian and dnf on Fedora…).

          Before I get into the teardown of these comparisons, I will point out that I am not disagreeing that distri is a very fast package manager. It is designed for pure speed, so it should definitely be the fastest! Also, I am not disagreeing that pacman could be faster in many areas. What I am concerned about is the conclusion that “The difference between the slowest and fastest package managers is 30x!“. This conclusion assumes that the package manager is the difference and not how the distribution chooses to implement the use of the package manager.

      • IBM/Red Hat/Fedora

        • Fedora 33 Review: What’s New and How to Upgrade

          Fedora 33 Beta, a Red Hat-sponsored community project, is released. It is a pre-release of the Fedora 33 Stable version, which will be available to the masses in the last week of October. Fedora 33 release has triggered excitement among Linux users with its significant shift from the ext4 filesystem to btrfs and other unique new features.

          In this post, we will look at some of these new features you can expect and give you a step by step guide on how to upgrade from Fedora 32 to Fedora 33.

      • Debian Family

        • How to try out Debian 11 early

          Unfortunately, Debian 11 is not yet available for download on the official Debian website. The reason for this is that Debian 10 is currently stable, and 11 is not yet marked stable. So, to try out Debian 11, you must first install Debian 10.

          There are a few ways to get Debian 10 working, but the best way to go is with the Debian 10 net installer, as it’s only a few megabytes in size and will allow you to download and install the latest Debian 10 packages.

          To get Debian 10 set up, you must first create a live USB installer. To start, download the latest Etcher, install it, and launch it. Then, download the Debian 10 net installer ISO to your computer.

          Once the Etcher app is installed and the net installer ISO is downloaded to your computer, launch Etcher, and use the app to flash the Debian 10 net installer ISO to USB.

          After flashing the Debian 10 net installer ISO to USB, reboot your computer and load into the BIOS. Inside of the BIOS, configure it to boot from USB. Doing so will load up the Debian 10 installer.

        • MellowPlayer

          There is a new application available for Sparkers: MellowPlayer

    • Devices/Embedded

    • Free, Libre, and Open Source Software

      • 7 Nice Open Source CAD Programs & AutoCAD Alternatives

        Looking for an open source CAD program or AutoCAD alternative? You would be surprised that the market is so full of them in fact.

        The open source ecosystem is quite large and reaches many aspects of the modern daily life. From engineering to science and medical sectors… Open source is no longer just Linux and Firefox, it has became too much more than that today.

        So instead of paying huge $$$ for proprietary CAD software such as AutoCAD and others, you may would like to give these open source solutions a shot.

      • 7 Best Free and Open Source Linux Terminal Multiplexers

        The nuts and bolts of Linux seem destined to be increasingly hidden away from the desktop user. The continuing development of popular desktop environments offering attractive interfaces and fancy features shows no sign of abatement. However intuitive and slick desktop environments become, there is little prospect that the faithful terminal will be consigned to the recycle bin in the near future. There is simply too much power at the hands of a terminal for many experienced Linux users.

        Users that want to exploit the full power of the terminal may benefit from using a terminal multiplexer. This type of application can be considered to be a text version of a graphical window manager. It enables users to run multiple text programs simultaneously, as well as offering features that allow users to switch seamlessly between these programs in operation. Terminal multiplexers also allow multiple computers to make simultaneous connections.

      • Web Browsers

        • Mozilla

          • Perhaps Mozilla Should Unfck Itself Before “Unfcking The Internet”

            The recent layoffs in August of more than 250 Mozilla employees, a quarter of its workforce, left the company shaking and the community worried about the future of the Firefox maker.

            The entire Servo team (A new browser engine in development since 2012), many developers working on MDN (Mozilla’s web development documentation portal) beside people working on various aspects of the company were laid off.

            Yet, instead of being transparent on why these layoffs happened and based on what criteria, and what will be the new company’s strategy to increase its current 4% browser marketshare instead of losing it, we get a new initiative from Mozilla called “Unfck The Internet” (Yes, that’s the official name they chose), which as they say, aims to “stop companies like Facebook and YouTube from contributing to the disastrous spread of misinformation and political manipulation”.

            But this isn’t just a one-time off initiative from Mozilla. Over the past few years Mozilla has been throwing tons of money and resources on similar social issues and projects of the Internet rather than developing their own main product, which is why they were here in the first place: Firefox.

            As a background story one should know that there are two entities here: Mozilla Foundation and Mozilla Corporation. The corporation is the one developing Firefox (And hence collects money from search agreements, other services… etc) while the Foundation is the only one receiving donations, hence there’s no direct way of donating to Firefox development. But the Corporation also funds the Foundation. The donations you do to Mozilla Foundation are never used to develop Firefox, but rather, to projects that promote the Mozilla Manifesto.

            This situation leaves the scene complex in terms of who to blame; Firefox browser (Controlled by the Corp) is the one generating the profit, but the profit goes to fund the Foundation as well. Yet, people get laid off because there’s no money, despite the “fellowships & awards” category at Mozilla’s blog showing an at least +$10 million spending (With help of other funds) on these social activities and other web projects just in the last two months.

      • Productivity Software/LibreOffice/Calligra

        • First Look: LibreOffice Has a New Look in Ubuntu 20.10

          Ubuntu devs pushed out the recent LibreOffice 7.0.2 update to Ubuntu 20.10 Groovy Gorilla users this weekend. And arriving alongside the many bug fixes and performances tweaks inside is a new icon theme bundled up especially for Ubuntu users.

          Yes, LibreOffice in Ubuntu 20.10 uses a new Yaru icon set by default.

          The Yaru icon set for LibreOffice is a full colour theme that covers all of the office app’s tools, options, buttons, and settings in all toolbars, dialogs, and menus. Yaru replaces the elementary-based icon pack (still included in LibreOffice if you want it back).

          But what kind of different does it make?

        • Great merged cells filling improvements in LibreOffice 7.1

          Select three cells, merge it (as shown on left image) and then try drag-fill columns down. A result was strange and very unexpected. Now in 7.1 it works as users wanted last 8 year, look at right image. It works for filling in to any direction!

      • FSF

        • GNU Projects

          • Links: October 11, 2020

            Ben Hillburn, president of the GNU Radio Project, recently tweeted about an online curriculum for learning SDR and DSP using Python. The course was developed by Dr. Mark Lichtman, who was a lead on GNU Radio, and from the look of it, this is the place to go to learn about putting SDRs to use doing cool things. The course is chock full of animations that make the concepts clear, and explain what all the equations mean in a way that’s sure to appeal to practical learners.

      • Programming/Development

        • Book club: JSON Web Tokens – Technicalities

          This month for our book club Daniel, Lars, Vince and I read Hardcoded secrets, unverified tokens, and other common JWT mistakes which wasn’t quite what we’d thought when it was picked. We had been expecting an analysis of JSON web tokens themselves as several us had been working in the area and had noticed various talk about problems with the standard but instead the article is more a discussion of the use of semgrep to find and fix common issues, using issues with JWT as examples.

          We therefore started off with a bit of a discussion of JWT, concluding that the underlying specification was basically fine given the problem to be solved but that as with any security related technology there were plenty of potential pitfalls in implementation and that sadly many of the libraries implementing the specification make it far too easy to make mistakes such as those covered by the article through their interface design and defaults. For example interfaces that allow interchangable use of public keys and shared keys are error prone, as is is making it easy to access unauthenticated data from tokens without clearly flagging that it is unauthenticated. We agreed that the wide range of JWT implementations available and successfully interoperating with each other is a sign that JWT is getting something right in providing a specification that is clear and implementable.

        • Laravel Scheduler Tutorial – Linux Hint

          Some tasks are required to perform on regular basis in any application, and it would be more efficient if the tasks could be done automatically. The Laravel framework makes these types of tasks easier by using Laravel Scheduler. Sending offer-related bulk emails, optimizing data, generating reports, keeping application backup, and removing inactive users are some common examples of the repetitive tasks that can be performed with the Laravel Scheduler. Laravel can execute specific tasks periodically by using a built-in task manager named Corn job. The configuration file named Corntab is used by Corn to manage scheduling tasks. This tutorial shows you how to manage repetitive tasks by creating Corn jobs and performing task scheduling.

        • Perl/Raku

          • Perl: The Weekly Challenge #081

            It was the most difficult week for me.


            Well, it is confirmed by my GP that I am going through Depression & Anxiety.

            So now you know why I didn’t do live video session in the recent weeks.

            I was even thinking on dropping the idea of participating in the weekly challenge for couple of weeks.

            But then I decided to do it in the end. Having said that it is still incomplete with no unit test for the Frequency Sort task.

            Please excuse me if you find bug/issue in my solutions.

          • MNIST Handwriting Recognition Deep Learning Written in Pure Perl

            The MNIST handwriting recognition deep learning written with Pure Perl is released.

            Because it is pure Perl code, it can be used by Perl users to get an overview of deep learning algorithms.

          • Perl Weekly Challenge 81: Frequency Sort

            These are some answers to the Week 81 of the Perl Weekly Challenge organized by Mohammad S. Anwar

        • Python

          • How To Install and Code Python on Android With Pydroid 3

            Learn how to install the Pydroid 3 IDE on Android, along with useful tools and libraries to practice Python coding.

            Portable coding in Python is possible, thanks to the Pydroid 3 integrated development environment (IDE). Pydroid is a minimalist Python 3 interpreter that lets you execute minor projects and do minimal coding on your Android device.


            The Pydroid 3 IDE is available on the Play Store. However, to make the app more useful and easy to work with, you need to download the Pydroid repository plugin from the Play Store. While installing this plugin might not be compulsory, it makes automatic pip installation of packages much easier.

            By default, Pydroid 3 doesn’t have permission to access your device storage. This makes the creation of project folders difficult or impossible without some technical manipulation. To solve that problem, download the Pydroid permissions plugin from the Play Store, which allows Pydroid to create folders and files on your device.

          • How to run Python on Ubuntu 20.04

            Most Linux distros have Python already installed by default. To check this, open up your terminal and type in python3.6. You will notice that the cursor will change.

          • Scrapy vs BeautifulSoup | Python Web Crawlers – CodersLegacy

            If you ever come across a scenario where you need to download data off the internet, you’ll need to use a Python Web Crawler. There are two good web crawlers in Python that can be used for this purpose, Scrapy and BeautifulSoup.

            What are web crawlers? What is web scraping? Which python web crawler should you be using, Scrapy or BeautifulSoup? We’ll be answering all these questions here in this article.

          • GridRoyale – A life simulation for exploring… – Ram’s blog

            This is a project that I wanted to do for years. I finally had the opportunity to do it. Check out the GridRoyale readme on GitHub for more details and a live demo.

            GridRoyale is a life simulation. It’s a tool for machine learning researchers to explore social dynamics.

            It’s similar to Game of Life or GridWorld, except I added game mechanics to encourage the players to behave socially. These game mechanics are similar to those in the battle royale genre of computer games, which is why it’s called GridRoyale.

          • ABlog v0.10 released — ABlog

            ABlog v0.10 is released with the main focus being to support the latest version of Sphinx as well as Python 3 only support.

            Ablog V0.9.X will no longer be supported as Python 2 comes to an end in a few months and it is time people upgraded.

          • Write a python function that produces an array with the numbers 0 to N-1 in it » Kibiwebgeek

            In this article, we will create a python function that will produce an array with the numbers 0 to N-1 in it.

          • Andrea Grandi – Python 3.9 introduces removeprefix and removesuffix

            A quick tutorial to removeprefix and removesuffix methods which have been introduced with Python 3.9.0

          • Data Engineering Series #1: 10 Key tech skills you need, to become a competent Data Engineer. | Codementor

            Bridging the gap between Application Developers and Data Scientists, the demand for Data Engineers rose up to 50% in 2020, especially due to increase in investments on AI based SaaS products.

          • Merge two dictionaries using the Dict Union operator » Kibiwebgeek

            In this article we will create a Python function which will merge two dictionaries using the Dict Union operator.

            The Dict Union operator will only merge the key and value pair with a unique key’s name, which means if there are two keys with the same name in the same dictionary, only the last key in the dictionary will be merged. If the same key appears in both dictionaries, then the key in the second dictionary will be merged into this Dict union.

            After the merger of two dictionaries, the function will change the value of the key if the third optional argument has tuples in it which contain the key and value to be changed.

          • Learn Python for Data Science

            This tutorial would help you to learn Data Science with Python by examples. It is designed for beginners who want to get started with Data Science in Python. Python is an open source language and it is widely used as a high-level programming language for general-purpose programming. It has gained high popularity in data science world. In the PyPL Popularity of Programming language index, Python scored second rank with a 14 percent share. In advanced analytics and predictive analytics market, it is ranked among top 3 programming languages for advanced analytics.

        • Rust and Java

          • My top 7 keywords in Rust | Opensource.com

            I’ve been using Rust for a few months now, writing rather more of it than I expected—though quite a lot of that has been thrown away as I’ve learned, improved what I’m writing, and taken some more complex tasks beyond what I originally intended.

            I still love it and thought it might be good to talk about some of the important keywords that come up again and again in Rust. I’ll provide my personal summary of what they do, why you need to think about how you use them, and anything else that’s useful, particularly for people who are new to Rust or coming from another language (such as Java; see my article Why I’m enjoying learning Rust as a Java programmer).

          • Quarked testing: Writing tests for Quarkus – Red Hat Developer

            DevNation Tech Talks are hosted by the Red Hat technologists who create our products. These sessions include real solutions plus code and sample projects to help you get started. In this talk, you’ll learn about testing Quarkus applications and services from Alex Soto Bueno and Burr Sutter.

            Testing allows you to deliver your application with the confidence that you’re building the right things and building the things right. Testing also helps developers refactor their code, add a new feature, or fix a bug knowing that nothing else is breaking.

            Quarkus brings to the Java ecosystem a way to develop cloud-first, container-native, serverless-focused, and Kubernetes-optimized applications. This is where GraalVM meets Quarkus, bringing server-side and enterprise-capable Java to help you build truly cloud-native apps.

            But, how do you test Quarkus applications and services? In this talk, we show how you how. We’ll look at how to test basic components, mocks, stubs, or (secured) RESTful web APIs. Also, we will cover more advanced topics such as persistence tests, service virtualization, and using containers for testing purposes. Come to this session to learn in practice how to write tests for Quarkus.

  • Leftovers

    • Review: Hand to Mouth by Linda Tirado
    • Leading the relationship with your manager

      As you work, continue learning about the functions your manager’s group performs. Then consider how you can continue to help that work move in a direction the manager will find beneficial. As your manager sees you can be trusted to do what’s expected and are working in the entire group’s interest, you’ll earn more and more responsibility. When your goals align more closely with your manager’s goals—and you’ve become a trusted team member—you’ll have achieved a partnership.

      Remember: a manager is responsible for the functioning of the team as a whole, while you can be responsible for the specific implementation of that functionality. A manager can have multiple employee/partners on the team, each with their own areas of responsibility. Reaching this level can lead to increased job satisfaction (not to mention the sense that your team is working as a well-oiled machine).

    • Science

      • The Nobel prize delay is growing

        But data compiled by researchers at the University of Florence, Aalto University in Finland and the University of Belgrade suggest that this “prize delay” now routinely spans decades. In physics, over the past century the average gap between achievement and award has increased from ten years to more than 30. Fifteen of the longest 20 have come in the past two decades. These include British scientist Peter Higgs (2013) who won 49 years after predicting the existence of the boson that bears his name, and Nambu Yoichiro (2008), a Japanese scientist, who became a laureate 48 years after his work on spontaneous symmetry-breaking. In chemistry, the average delay has roughly doubled in the past 100 years. In medicine, the same trend is evident. This year’s prize went to three scientists involved in identifying the hepatitis C virus in 1989.

    • Health/Nutrition

      • Why You Don’t Need to Feel Sad About Donald Trump Catching COVID

        We should feel sad for him that he is so utterly monstrous: that his soul is in turmoil.

      • Donald Trump, Superspreader-in-Chief, Endangers White House Staff

        His indifference to those workers, and the country at large, is criminal.

      • Twitter Tags Trump Post About COVID-19 as Platform Cracks Down on Misinformation

        Twitter will also prompt users to the “quote tweet” function before they retweet a post that has been flagged as potentially misleading, encouraging them to add their own commentary before amplifying harmful information. Political figures will be especially monitored during this time, as well as accounts with more than 100,000 followers. Topics that these rules pertain to include the election, COVID-19 and civic integrity.

      • Twitter Again Tags Trump Tweet for Spreading “Potentially Harmful” Virus Information

        The social media platform said Friday it was going to crack down even harder on those who spread false information, especially candidates, leading up to the Nov. 3 election. Trump has had several posts tagged in the past for misleading and false information both on the election and the coronavirus pandemic.

      • Twitter labels Trump tweet on coronavirus immunity as ‘misleading’

        The post was hidden several hours later by Twitter content administrators with a tag that reads, “[t]his Tweet violated the Twitter Rules about spreading misleading and potentially harmful information related to COVID-19. However, Twitter has determined that it may be in the public’s interest for the Tweet to remain accessible.” The tag also directed users to the platform’s blog explaining how content relating to the coronavirus is displayed on Twitter’s platform.

        White House officials did not immediately return a request for comment.

      • Twitter flags, limits sharing on Trump tweet about being ‘immune’ to coronavirus

        Last week’s updates further tightened the rules around spreading misinformation, and encouraged people to quote-tweet and “add their own commentary” to tweets before retweeting someone. The update also included plans to flag or remove tweets meant to incite interference in the election or election results, and tweets from political figures with more than 100,000 followers — which includes President Trump — labeled as “misleading” are now more difficult to access.

      • Donald Trump’s health: A new front in the right’s long war against reality

        This bizarre episode capped off a truly strange weekend in which the condition of the president of the United States of America, the most powerful man in the world, was puzzled over as one conflicting account after another battled for precedence. It was reminiscent of the propaganda-laden crises of authoritarian states and failed nations, times in which leaders were either perfectly healthy or functionally dead and crises either under control or raging unabated.

        The disturbing truth is that this seemingly inexplicable moment is the result of a decades-long war over the very nature of reality within America. I had struggled to understand this before writing “American Rule: How a Nation Conquered the World but Failed Its People” and finding that modern American history has been dominated by this conflict and the Republican Party’s insistence on constructing an alternate reality to aid in its consolidation of power.

      • The End of Trump’s Fifth Avenue

        Trump’s 5th Avenue principle is being tested as never before. So far, more than 214,000 Americans have died from Covid-19, one of the world’s highest death rates – due in part to Trump initially downplaying its dangers, then refusing responsibility for it, promoting quack remedies for it, muzzling government experts on it, pushing states to reopen despite it, and discouraging people from wearing masks.

      • FOSS Patents: Experts call plexiglass shields used by Munich I Regional Court “absurd” and useless to protect against COVID-19, even if they were several times larger

        Superspreader patent judges must be stopped from going ahead with trials the world doesn’t need–unless, of course, you reduce the world to patent trolls (including failed businesses that resort to patent monetization because their products sucked) and the litigation industry. One such hotspot is Texas (meaning both the Eastern District and its new rival, the Western District’s Wac[k]o division). Another is Germany, where most patent infringement complaints are filed in Dusseldorf, Mannheim, and Munich.

        In Munich, there is an unfathomable discrepancy between the situation out in the streets–where people have to wear masks in large parts of the city center–and courtrooms at the Palace of Justice, some of which are crowded for the purpose of conducting the Munich I Regional Court’s (Landgericht München I) patent trials.

        At last month’s Conversant v. Daimler trial, the presiding judge said right at the start that the sole reason people were required to wear masks was that he had knowledge of at least one person (I might have an idea whom he meant…) being present who insisted on that. What he did not take into consideration is that there are indeed party representatives and lawyers who attend those trials and very much want to protect their health. I know it from secret conversations. It’s just that they don’t dare to enforce their constitutional right because they fear judicial backlash.

    • Integrity/Availability

    • Defence/Aggression

      • Several GOP State Legislators Up for Reelection Have Nice Words for the KKK
      • Will Trump’s Call for Poll-Watchers Bring Paramilitaries to the Voting Booth?

        Following President Donald Trump’s refusal last month to denounce white supremacists along with his longstanding pattern of undermining democratic norms — and in the wake of the FBI’s interception of a plot by right-wing domestic terrorists to kidnap Michigan’s Democratic Gov. Gretchen Whitmer and overthrow the state government — fears are mounting about the danger posed by far-right paramilitary groups heeding Trump’s call to “go into the polls and watch very carefully.”

      • Declining American Hegemony Could Be A Good Thing

        ‘The declining global hegemony of the United States will be an opportunity to build better lives everywhere’

      • The Long Wars Against El Paso and Ciudad Juarez

        This routine went on for years without major incident until, suddenly, an invader came to town on August 3, 2019.

        The intruder wasn’t one of the migrants from the south trying to cross the border here that Fox News, the President and his cronies rail about, but a young white racist who drove hours and hours from a Dallas suburb armed with an assault rifle and a mission to kill Mexicans.

        Support our evolving Subscriber Area and enjoy access to all Subscribers content.  Subscribe

      • The Taliban on Trump: “We hope he will win the election” and withdraw U.S. troops – CBS News
      • Mallory McMorrow The Gov. Whitmer kidnapping plot was inspired by common political rhetoric. It needs to end.

        When extremists hear repeated messages sanctioned by authorities about defeating a “tyrant,” they can hear that as a call to action, not just politics.

      • Assange Faces Extradition for Exposing US War Crimes

        Three weeks of testimony in Julian Assange’s extradition hearing in London underscored WikiLeaks’s extraordinary revelation of U.S. war crimes in Iraq, Afghanistan and Guantánamo Bay. But the Trump administration is seeking to extradite Assange to the United States to stand trial for charges under the Espionage Act that could cause him to spend 175 years in prison.

      • The Sedition of Donald Trump

        That’s for starters. Trump’s racist rhetoric and shout-outs to white nationalists have cleaved the nation in two, driving political polarization with an intensity not seen since the Civil War. His explicit encouragement of violence and armed demonstrations has menaced the rule of law. His brazen attempt to shake down the president of Ukraine (“Do us a favor, though”), in order to manufacture dirt against his chief political opponent — the event that triggered Trump’s impeachment — almost surely would have led to his removal from office but for the cynicism, cowardice, and partisanship of the Senate Republican majority. His amply documented obstruction of justice in connection with the Russia investigation — 10 offenses, according to the Mueller report; the corruption of his office to enrich himself and his family in violation of the Constitution’s emoluments clause; his purposeful sabotage of the First Amendment by demonizing the free press as enemies of the people — all this and more add up to not just the worst performance of any American president, but the most subversive conduct since Jefferson Davis, who was not a president of the United States.

      • Christian Victims in Nigeria Fear Future Attacks

        Abductions and killings by the cattle herders are frequent and random in Nigeria, and Christian ethnic groups are the main victims. The herders are Muslims who make regular journeys with their cattle to pastures down south—an area mostly dominated by Christians.

    • Environment

      • Climate heat melts Arctic snows and dries forests

        Fires now blaze under Arctic snows, where once even the wettest rainforests burned. Climate change delivers unlikely outcomes.

      • The candidates don’t get it: from pandemics to climate change, the real problem is capitalism itself

        Most of the major problems with America, and the world, can be traced back to the singular cause of capitalism, an economic system in which a society’s means of production are primarily controlled by private individuals hoping to make a profit. It is a system that has devastated our planet to the point where it may sound be largely uninhabitable, created massive income inequality and left us woefully unprepared for crises like the novel coronavirus pandemic.

      • Energy

        • Investing in new energy infrastructure: Green light for EU grants worth nearly €1 billion

          EU Member States agreed yesterday on a Commission proposal to invest €998 million in key European energy infrastructure projects under the Connecting Europe Facility (CEF). Yesterday’s positive vote provides financial aid for works and studies for ten projects.

          The largest amount of funding goes to the Baltic Synchronisation Project (€720 million), to better integrate the electricity markets of Estonia, Latvia, Lithuania and Poland. Other projects include a smart electricity grid linking Hungary and Slovakia (€102 million), and the first-ever CEF grant for works on a CO2 transport project for Belgian and Dutch ports.

        • New Project to Support the Improvement of Air Quality in Greater Cairo

          The World Bank’s Board of Executive Directors today approved a US$200 million project to support Egypt’s initiatives to reduce air and climate pollution from critical sectors and to increase resilience to air pollution in Greater Cairo. The project will focus on reducing vehicle emissions, improving the management of solid waste, and strengthening the air and climate decision-making system.

          Greater Cairo’s air quality has recently seen an improvement; however, ambient air pollution remains the city’s most significant environmental health issue—one that weighs heavily on residents’ quality of life and on the economy. Recent studies have estimated the annual economic cost of air pollution on health in the Greater Cairo area alone at about 1.4% of Egypt’s Gross Domestic Product (GDP).

    • Finance

      • Trump’s Tax Returns Reflect Undue Privileges Given to Real Estate in Tax Code

        Janine Jackson: “Donald Trump’s Tax Returns Have Many Wondering What They’re Doing Wrong,” ran one cheeky headline, based on long-awaited reporting from The New York Times. The implication is that tax avoidance, if you can get away with it, is clever, and presumably you can still use the other side of your mouth to complain about public resources being underfunded.

    • AstroTurf/Lobbying/Politics

    • Freedom of Information/Freedom of the Press

      • PBC includes more lawyers in body set up to defend journalists

        Through a notification the PBC further said that 12 lawyers in addition to seven lawyers had already been nominated for the committee on Sept 29.

        Talking to Dawn, PBC vice chairman Abid Saqi explained that names had been added in the committee to give a gender balance since eight female lawyers had also been included in the list.

      • Activists: Cambodia’s Draft Cybercrime Law Imperils Free Expression, Privacy

        A recent draft of the cybercrime law obtained by VOA Khmer has drawn concerns from NGOs and rights groups over clauses that could help the government intensify its crackdown on freedom of expression, while also raising privacy and data collection concerns.

        The draft law, the formulation of which was first announced in 2010, was intended to regulate Cambodia’s cyberspace, giving judicial police and courts access to investigate criminal infractions. However, an August draft of the law reveals that it could be used to further curtail freedom of expression while relying on vaguely defined scenarios to justify its implementation.

        VOA Khmer provided Interior Ministry Secretary of State Bun Honn a copy of the leaked draft. The official refused to confirm the authenticity of the text, although he did not reject its contents. Bun Honn is in charge of drafting the long-delayed legislation.

    • Civil Rights/Policing

      • Lord Advocate Launches War on Twitter

        In what we think is a world first, the Lord Advocate of Scotland is claiming in the contempt of court case against me that I am legally responsible for the content of replies to my tweets.

      • COVID Fuels Surge in Sexual Violence, Child Marriage

        But, encouraged by her mother, she began blogging about the lack of support services in Nigeria. Other survivors echoed her concerns, inspiring Osowobi to launch Stand to End Rape (STER). Since 2014, the Lagos-based nonprofit has worked to provide legal, medical and mental health support to survivors, encourage prosecution of their assailants, and change negative cultural attitudes that diminish women and girls.

        The goal, says Osowobi, now 30, is to “actually reduce this spate of sexual violence.”

      • Hawkins for President Supports Renaming Columbus Day Indigenous Peoples Day

        Howie Hawkins, the Green Party candidate for President, said that he would redress past and ongoing injustices against Native Americans by honoring treaties, renaming the federal Columbus Day holiday as Indigenous People’s Day, and ending the systemic discrimination against indigenous people.

        “European colonizers committed genocide against the native population who were already here when they arrived. Columbus was a mass murderer. Our government and business leaders continue to exploit the Indigenous People for profits while denying them basic human rights and their cultural heritage,” noted Hawkins.

        Hawkins said he was pleased that his hometown of Syracuse recently announced that would finally remove the Columbus statue downtown.

        European settlers killed an estimated 56 million indigenous people over 100 years in South, Central and North America, causing large swaths of farmland to be abandoned and reforested. Columbus was documented to have partaken in mass hangings, torture, murder, rapes, roasting people on spits, burnings at the stake, and hacking young children to death. In a 20-year period, the Taino population under Columbus was reduced from as many as 8 million to 100,000.

    • Internet Policy/Net Neutrality

    • Monopolies

      • It’s Time To Nationalize Social Media And Big Tech

        The “outlet” — PeaceData — reached out to me through one of their “associate editors” (@Alex_Lacusta) via DM on July 8, writing, “we’re a young, progressive global news outlet that is seeking young and aspiring writers.” I was told that the “editors” liked my writing and views, and was initially offered $200 to $250 per piece.

        I went back and forth with Alex, while in the meantime I checked out the editors’ social media pages on Facebook, Twitter, and LinkedIn, the pieces that were published (which generally aligned with my values), and contributors — which included some Twitter “blue checks” and leftist journalists, adding to the operation’s legitimacy. After exercising due diligence and expressing interest in the opportunity, Alex dropped the rate to $100 to $150 per piece, with the hook that I could write a regular column. Alex informed me I could choose the topics so long as they focused on “anti-war, anti-corruption, and environmentalism.” I accepted and was excited to have a home and compensation for my work.

        Support our evolving Subscriber Area and enjoy access to all Subscribers content.  Subscribe

      • House Antitrust Report on Big Tech: Less Would Have Been More

        Alphabet, Amazon, Facebook and Apple are among the top 10 contributors to Joe Biden’s candidate campaign committee in the 2020 cycle, according to OpenSecrets.

        Companies are prohibited by law from donating to candidates themselves. The contributions were made by company employees, companies’ political action committees (PACs) or members of the PAC.

      • Epic judge permanently restrains Apple from blocking Unreal Engine, but won’t force Fortnite

        Fortnite won’t be coming back to the App Store any time soon. On Friday, Judge Yvonne Gonzales Rogers refused to grant Epic Games a preliminary injunction against Apple that would force the game developer to reinstate Fortnite on the App Store, while simultaneously granting an injunction that keeps Apple from retaliating against the Unreal Engine, which Epic also owns (PDF). In other words, we now have a permanent version of the temporary restraining order ruling from last month.

        That means the state of affairs, in which Epic is banned from publishing new games on iOS and cannot distribute Fortnite on the App Store in its current form, will remain in place for the length of the trial — unless Epic decides to remove its own in-app payment mechanism that initiated the bitter legal feud in August. Rogers had previously suggested a jury trial might be appropriate as soon as next July, but ahead of today’s ruling, both parties said they would rather have the case decided by a judge.

      • Panel: ‘Don’t get branded as just an IP person’

        Nicole Spence, IP attorney at IBM, added that everyone has emotional concerns, and that during COVID-19, home and work life have become more likely to blend into one another. Leaders should check in regularly with their teams and ask their employees how they are doing, said Spence.


        Spence at IBM added that one way to foster more diversity in IP is to raise more awareness of IP departments.

      • FOSS Patents: Judge converts Epic Games v. Apple TRO into preliminary injunction, says Epic lost credibility with court, and disagrees with Microsoft on Xbox

        The outcome is the same as at the TRO stage in terms of Epic not being allowed to bypass Apple’s in-app payment rules with Fortnite, Apple not being allowed to terminate the developer account for Unreal Engine that formally belongs to an Epic entity in Switzerland, and the court once again declines to hold that one party or the other is likely to prevail on the merits. My report on the PI hearing already stated in its headline that Epic was struggling to persuade the court of its likelihood to win.

        While the TRO was a pre-PI decision, the PI is preliminary to a hypothetical permanent injunction that may or may not come down after the bench trial to be held in Oakland in May 2021. Whoever loses will likely appeal, and then it’s another question whether a permanent injunction coming down at that point will or will not continue to be enforced.

      • FOSS Patents: Congressional report on competition in digital markets will have political impact, but judiciary remains independent: Epic Games v. Apple and Epic Games v. Google

        Toward the end of my first post today (on the Epic Games v. Apple bench trial having been scheduled to start on May 3, 2021) I linked to and quoted from a Congressional report, Investigation of Competition in Digital Markets. At about the same time, a Twitter user taking great interest in the App Store antitrust matters asked me whether I thought this report might affect the upcoming trial. I thought others might have the same question, so in addition to my Twitter reply I felt I should do a blog post as well.

        As an antitrust commentator and app developer, I’m somewhere in the middle between the parties and understand both sides to some degree. At this point it’s too early for me to take a firm position on the merits, though I will soon as the case is going to go to trial so very soon. The following thoughts are purely procedural or, where it applies, political in nature.

      • Patents

        • Panel: What we would do if 20% of our patent budget were cut

          Panellists from InterDigital and Corteva Agriscience discussed best practices for patent budgets at Managing IP’s US Patent Forum yesterday.

          Sonja London, director of patent licensing at Nokia in Finland, moderated the talk on “Portfolio optimisation: creative solutions for managing your IP strategy” and asked panellists what they would do if 20% of their budget were cut.

          Marian Flattery, associate general counsel of IP at agricultural chemical company Corteva Agriscience in Iowa, said foreign filings would be the first area she would look to cut. She noted that her company often files in 40 to 60 countries, but said this could be curtailed if budget restrictions required it.

        • DoJ antitrust chief reveals plans to leave in 2021

          In an exclusive interview, assistant attorney general Makan Delrahim says he will leave the Department of Justice at the end of Trump’s first term, whether the president wins the election or not


          Delrahim, who was appointed to his role as assistant attorney general in September 2017, was also interviewed by this publication in 2018.

          He spoke about his commitment to the New Madison approach, which sets out that antitrust law should not be used as a tool to police FRAND commitments that patent-holders unilaterally make to standard setting organisations, and other plans for his term at the DoJ.

        • This week in IP: AIPPI kicks off, SCOTUS rejects key petitions, Van Halen dies

          In one fell swoop this week, the US Supreme Court knocked down several key petitions for writ of certiorari in IP matters: TCL v Ericsson, Chamberlain v Techtronic and a case involving the song Stairway to Heaven.

          In the first petition, TCL had asked SCOTUS to overturn a ruling from the Court of Appeals for the Federal Circuit allowing juries, rather than judges, to decide royalty rates in standard essential patent cases. Managing IP published an analysis of seventh amendment issues earlier this week.

          In the Chamberlain v Techtronic petition, the Chamberlain Group had argued that the Federal Circuit had picked its patent claims apart to an unfair degree when deciding on their validity under Section 101.

          The appellate court had set out that the claims had to be viewed as a whole and not be broken down to “a single supposed point of novelty”.

          In the Stairway to Heaven petition, Michael Skidmore had asked SCOTUS to overturn a March 2020 decision from the Court of Appeals for the Ninth Circuit that Led Zeppelin’s classic song, Stairway to Heaven, did not infringe Taurus, a track written by Randy Wolfe in 1967. IP counsel called this outcome back in August.

          However, the high court did not make a decision on the petition in Arthrex v Smith & Nephew,which concerns the constitutionality of administrative patent judges at the Patent Trial and Appeal Board. Managing IP reported at the start of the year that while some practitioners were deeply concerned by the eventual outcome of this case, others were unfazed by it.

          SCOTUS also heard oral arguments this week in Google v Oracle, the biggest copyright case of the decade in the US, on whether copyright protection extends to a software interface. Americas reporter Rani Mehta wrote last month about how the case should focus on application programming interfaces.

        • Drafting for Multiple Jurisdictions Miniseries Part 3: Mind Your Language!

          Many patent owners are interested in trying to draft a single patent application that will serve them in several countries. This is ambitious, since there are many differences between various countries’ patent systems, but perhaps not impossible. The patent drafter just needs to be aware of and try to balance all the different requirements in the single patent application. This series of articles endeavors to outline some important considerations when drafting a single patent application for several major countries and regions.

          In our first article (available here), we reviewed the grace period provisions in the U.S., Korea, China, and the European Patent Office (“EPO”). Our second article (available here) looked at data considerations on filing. In this third article, we look at the language used when drafting and balancing the requirements of the U.S., Korea, China, and the European Patent Office in this regard.

        • USPTO patent boss lays out big changes to exam times and routing

          The USPTO patents organisation has made a lot of changes this month, the most important of which patents commissioner Drew Hirshfeld laid out to listeners at Managing IP’s US Patent Forum yesterday.

          Hirshfeld, who was appointed for a second five-year term in his role last July, explained that on October 1, his organisation changed exam times, put in a new performance appraisal plan for employees, and revolutionised how the office dockets and routes cases to examiners.


          As of last week, said Hirshfeld, the USPTO officially transferred over to the CPC system from the US patent classification system, which allowed it to base exam times on the CPC.


          He noted that his organisation receives well over 450,000 new cases a year, not including continuations, which means that the way it routes those is a huge undertaking.

        • China’s first anti-suit injunction; Apple CEO rejects efficient infringement; CRISPR patent battle latest; EPO and USPTO heads’ covid warning; CBM back from the dead?; plus much more

          Speaking at IPBC Connect, the EPO and USPTO leaders say covid-induced changes are here to stay and warn of decreased user engagement caused by the pandemic

        • Thaler v Comptroller-General: Part 2 – What now for AI inventions following Thaler?

          Following the Thaler decision and pending any further possible appeal, the UK’s position on AI inventors is at first sight very clear; under the Patents Act 1977 an AI system cannot be named as an inventor and the right to apply for an invention can only originate from a human inventor. However, the decision leaves two unanswered questions. The first is expressly recognised in the judgment. The second (related) question was not discussed in Thaler but is implicit in the provisions of the Patents Act regarding challenges to inventorship and entitlement. This Part 2 explores these questions and looks ahead to how the law may change in future.


          Approaching this question from the perspective of section 7(3) (the inventor is the actual deviser of the invention) and Yeda (the actual deviser is the natural person who came up with the inventive concept) would lead to a detailed investigation of the interactions between DABUS and Dr Thaler which gave rise to the inventions. Smith J and the UKIPO assumed in Dr Thaler’s favour (for the purposes of their decisions) that he was correct in his assertion that DABUS was fully responsible for identifying and solving the problems disclosed in the applications and recognising the novelty and salience of the solutions. They did not investigate further the actual role which Dr Thaler may have played in devising the inventive concepts (e.g. the extent to which his involvement in developing DABUS may have contributed).

          Generalising from Dr Thaler’s applications, it appears inconsistent with the approach to the definition of “inventor” endorsed by Smith J, to state that a person could be considered the inventor of any inventions devised by an AI system purely by virtue of owning that system. To take an extreme example, purchasing an off-the-shelf “invention machine” and pressing the “invent now” button, which results in the machine humming away for a while and then printing out a fully formed patent application which is promptly filed with the UKIPO, would not appear to qualify the owner of the machine as the person who came up with the inventive concept. At the other extreme, a person using an AI based text-to-speech program to dictate a patent application would clearly qualify as the inventor notwithstanding the use of an AI system in the process. There will of course be infinite shades of grey between these two extremes and, other than restating established principles, the Thaler decision does not provide any guidance on where to draw the line.

        • Important IP Updates Covid-19 | 01.10.2020

          European Patent Office (EPO) – Operational.

          European Union Intellectual Property Institute (EUIPO) – The Office is open and continues to receive and process trademark and design applications.

        • Patent Office Updates You Need to Know

          The European Patent Office (EPO) released information about the procedures and services available for filing and receiving priority documents and certified copies.

        • EU: What does Brexit mean for your intellectual property rights?

          The UK has confirmed that it will not seek membership of the Unitary Patent and Unified Patent Court post-Brexit.

        • Everdrone Awarded Patent To Enable Drone Operations In Complex Airspace [Ed: As if they could not do so WITHOUT a patent?!]
        • Everdrone patent allows its drone to avoid buildings and trees [Ed: This is nonsense. You do not need a patent for that. Patents do not actually "allow" this.]
        • FOSS Patents: In the increasingly insane world of patent litigation, antisuit injunctions are of no more value unless accompanied by anti-anti-antisuit injunctions–ex parte, of course

          This is a follow-up to the Tuesday post entitled The day that international comity died was when the UK Supreme Court handed down its injudicious Unwired Planet ruling. It’s not just that international comity in patent litigation is history: so is sanity–and in this case it’s not about sanity in a literal sense (Experts call plexiglass shields used by Munich I Regional Court “absurd” and useless to protect against COVID-19, even if they were several times larger), but–figuratively speaking–in the antisuit context. And once again, UK and German judges are to blame because they’ve brought about a situation in which other jurisdictions will have to take ever more extreme measures.

          Also on Tuesday, Professor Thomas Cotter mentioned on his much recommended Comparative Patent Remedies blog a Chinese court’s antisuit injunction against InterDigital in connection with its standard-essential patent (SEP) litigation against Xiaomi in India, and the fact that InterDigital had asked the Delhi High Court for an anti-antisuit injunction. And he asked: “Ah, where will it all end?”

        • Software Patents

          • FOSS Patents: Penny-wise and dollar-foolish: Daimler and other automotive companies almost literally invite the world’s patent trolls to sue them

            Knowing that the global automotive industry follows this blog closely, I might have to start a series of posts called “Avoiding Mistakes” or “Do’s and especially DON’Ts.” It’s understandable that old companies need some time to adjust to the Digital Age, but neither the market nor patent abusers will give them that much time. Even politicians aren’t prepared to anymore.

            Last week, when I was zapping between radio stations, I heard David Bowie’s “Absolute Beginners” for the first time in I don’t know how many years, and if I were to produce a movie about the automotive patent wars, I’d seek to license it for the main theme.

            I’m not going to repeat what I wrote yesterday about Daimler’s insane decision to take a car-level standard-essential patent (SEP) license from Sharp instead of fighting on. May the link suffice.

          • In-house: AI patenting is becoming more challenging

            For starters, as speakers from Medtronic, Aptiv and Sterne Kessler pointed out, different organisations have different ideas of what AI actually is.

            “For us, as a healthcare company, regular software receives specific instructions that tell it how to behave, classify data and make decisions,” said Ishak Akyuz, senior principal legal counsel at Medtronic in New York City.

            “For AI, we start thinking of providing a framework for the computer to make decisions and draw conclusions without providing specific instructions. It becomes like a black box where we don’t actually know how the computer is coming up with decisions that classifies something as X or Y.”

            David Goodfellow, EMEA chief patent counsel at technology company Aptiv in Dublin, added that his business and other AI-focused companies were well positioned to manage software patents, which they could now expect to properly scope to make eligible and meaningful in most jurisdictions.

          • Patent Docs: USPTO Publishes Report on AI-Related Policies [Ed: Software patents booster Michael Borella (a patent litigation profiteer) getting all pumped about “HEY HI” misused as a pretext for illegal and computer-generated 'patents']

            Last year, the U.S. Patent and Trademark Office (USPTO) issued a request for comments (RFC) on patenting artificial intelligence (AI) based inventions. Topics of the RFC included AI’s impact on inventorship and ownership, patent eligibility, disclosure, prior art, and the level of ordinary skill in the art. The USPTO received 99 comments from a variety of stakeholders. In parallel to that effort, the USPTO also released a second RFC related to the impact of AI on copyright, trademark, database protections, and trade secret law. Stakeholders provided a similar number of comments.

      • Trademarks

        • Jürgen Klinsmann wins trade mark opposition and also strikes lethal blow by invalidating some of the opponent’s marks on the basis of non-use

          In an interesting decision concerning German football manager Jürgen Klinsmann, the EUIPO Fourth Board of Appeal reversed the Opposition Division’s earlier findings and considered that there is no likelihood of confusion between the marks depicted below. In addition, the Board also considered that some of the marks relied on by the Opponent were invalid since it could not prove genuine use of those marks.

        • UK: How Will Brexit Impact Your Trademarks And Other IP Rights?

          JMBM has been closely tracking Brexit and its impact on intellectual property rights and is prepared to assist clients in safeguarding their rights as the Brexit transition period comes to a close. Among other things, existing EU registrations will automatically be cloned into UK registrations. These new registrations will need to be identified, and relevant dates will need to be docketed. Applications pending with the EU Trademark Office at the close of the transition period, however, will not be cloned; instead there will be a nine month “grace period” during which pending EU applications can be re-filed in the UK. If filed during this period, the UK applications will enjoy the same priority date as the pending EU application. However, third parties will have an opportunity to oppose these applications, even if they did not oppose the original EU application.

        • EUIPO lawyer: trademark disclaimers pose language difficulties

          Panellists at the AIPPI Congress discussed how applicants can avoid inconsistent IP office decisions on trademarks that contain generic or descriptive terms

        • In-house: don’t be ashamed to admit you were conned

          Counsel at P&G, Unilever, Zino Davidoff and Brita say making sure all teams communicate with each other is key to spotting fraudulent trademark invoices

        • CJEU says that the assessment of distinctiveness of signs that are to be applied to specific goods used to deliver a service should not also entail an assessment of norms and/or customs of the relevant sector – The IPKat

          Should the distinctiveness (under what is now Article 4(1)(b) of Directive 2015/2436 (the EU Trade Mark Directive)) of a sign that is to be applied to specific goods be assessed having regard to what is customary in the relevant sector? This, in a nutshell, is the question that the Court of Justice of the European Union (CJEU) was asked in a recent referral for a preliminary ruling from Sweden.

          The Court answered it in the negative in this week’s judgment in Aktiebolaget Östgötatrafiken v Patent-och registreringsverket, C‑456/19.

          The judgment is relevant in that it clarifies that the assessment of a sign’s distinctiveness should not always entail an assessment of norms and/or customs of the relevant economic sector .. at least under the 2008 Trade Mark Directive.


          The Applicant unsuccessfully appealed to the Swedish Patent and Market Court. This court dismissed the action since it could not be established that the colours and shape of the signs departed significantly from the manner in which other undertakings decorate their vehicles.

          The Applicant further appealed to the Swedish Patent and Market Court of Appeal, which decided to stay the proceedings and refer the following questions to the CJEU for a preliminary ruling:

          (1) Must Article 4(1)(b) of the EU Trade Mark Directive be interpreted as meaning that, in the case of an application for registration of a trade mark which designates services and where the application relates to a sign, placed in a particular position, which covers large areas of the physical objects used to perform the services, it must be assessed whether the mark is not independent of the appearance of the objects concerned?

      • Copyrights

        • FOSS Patents: Supreme Court inclined to affirm Federal Circuit’s copyrightability holding in Oracle v. Google, possibly unanimously–fair use may be remanded

          Judge William H. Alsup of the United States District Court for the Northern District of California may go down in history as the only U.S. judge ever to have found that code related to application programming interfaces (APIs) is not copyrightable only because it’s related to APIs. Or one of only two judges, should Associate Justice Sonia Sotomayor dissent from what otherwise looks like a unanimous affirmance of the Federal Circuit’s copyrightability holding. But even Justice Sotomayor is at best having second thoughts and far from being totally in the tank for Google on this part.

          The points that Google’s attorney, Thomas Goldstein, made on the copyrightability part were simply ridiculous (he’s a fantastic lawyer–the problem is that Google has no non-copyrightability case), and in the first part, every one of the Justices asked questions that suggested a strong inclination to side with Oracle on this part.

          I’ve been saying for about ten years–and this case just celebrated its tenth anniversary in August–that regardless of the Merger Doctrine or any other theory, API declaring code is simply code. The Supreme Court of the United States made it clear today, and will do so in writing. I already considered this outcome quite likely when I looked at a procedural order three months ago.

        • FOSS Patents: Afraid of losing the Android-Java copyright case, Google was looking for patents to countersue Oracle, but failed to find any suitable ones

          I just published a detailed fact check that highlights at least ten major untruths Google’s lawyer told the Supreme Court on Wednesday. Over the last 24 hours I received information on what was going on inside the Googleplex about four to five years ago. At that stage, Oracle had won its first Federal Circuit appeal against Google (the one over copyrightability), and the case had become a pure copyright case, as Oracle didn’t pursue its patent infringement claims on appeal.

          There was a lot of concern on Google’s part that they were going to lose the “fair use” retrial. So they were asking themselves what they could do to gain leverage.

          In the patent litigation context, the way most disputes between companies of the Oracle-Google type end is a cross-licensing deal: if both sides had “nuclear” patents, “mutually assured destruction” would ultimately solve the problem.

        • Bench reading: what the Supreme Court justices said about APIs being copyrightable in yesterday’s Oracle v. Google hearing [Ed: Florian Mueller still favours copyrights on APIs, sadly...]

          Other than a potential remand of the “fair use” question to the Federal Circuit, Google cannot realistically hope for anything positive to come out of yesterday’s Supreme Court hearing in Google v. Oracle America (petitioner v. respondent as opposed to plaintiff v. defendant): the Android maker’s non-copyrightability defense has a snow flake’s chance in hell.

          I wrote yesterday’s triumphant post on the basis of having listened to the hearing on C-SPAN Radio (over the web). Now I’d like to go over what the justices said in the copyrightability context based on the transcript (PDF). I’ll sort this by judge, in the order in which each judge first addressed this subject (seniority). And I’ll then provide my interpretation.

        • FACT CHECK: Ten falsehoods and fallacies Google’s lawyer told the Supreme Court about Oracle’s Android-Java copyright case

          I live-tweeted about the Google v. Oracle America oral argument before the Supreme Court, and about five minutes into the hearing I already felt that Google was likely to lose the copyrightability part. After all justices had indicated where they stood on that question, or what they were interested in, there was no more doubt to me that Oracle will win that part by a unanimous or near-unanimous decision–but “fair use” is harder to predict, with a remand to the Federal Circuit being a possibility. Yesterday I published the justices’ copyrightability statements/questions and commented on them.

          Timothy B. Lee, who opposes API copyrightability, wrote on Ars Technica that Google’s Supreme Court faceoff with Oracle was a disaster for Google, and it appears the finger-pointing is already in full swing. Lots of law professors supported Google for ideological reasons and maybe because they were misled about the expressive and original nature of API declaring code. One of them, Cornell’s James Grimmelmann, is quoted by Ars Technica as blaming Google’s lead Supreme Court counsel, Thomas Goldstein, for having done “an abysmal job.” I actually saw Mr. Goldstein at his best when he represented Qualcomm before a Ninth Circuit panel earlier this year, and I wouldn’t attribute to his performance on Wednesday an outcome that can and actually must be explained with the spuriousness of Google’s non-copyrightability argument. Of course, one could have tried to take a different angle on the issue, and Professor Grimmelmann would have preferred Mr. Goldstein to make a more coding-centric argument. Considering how the justices approached the subject, however, Mr. Goldstein’s strategy might have been the better choice–just that declaring code is program code, and program code is copyrightable if it’s original and expressive.

        • Google wins by kicking the can down the road: Oracle official

          A senior official at Oracle Corporation, which has been involved in a court case with Google over the last decade, has described the search giant as a company that “has mastered the art of winning by kicking the can down the road”.

        • DISH Sues Former Reseller of Pirate IPTV Services SET TV and Simply-TV

          US-broadcaster DISH Network is suing a former reseller of IPTV services SET TV and Simply-TV in a Florida court. It’s alleged that the defendant continued to sell pirate IPTV subscriptions under various brands, even after DISH obtained damages awards of $120m and an order to prevent ongoing violations.

        • BiglyBT is the First Torrent Client to Support the BitTorrent V2 Spec

          BiglyBT is the first torrent client to add full support for the BitTorrent v2 specification, including hybrid torrents. The client is far ahead of the curve as the first torrent site has yet to adopt the new specification. According to BiglyBT’s developers, BitTorrent v2 offers several advantages, some of which will be clearly noticeable by users.

Richard Stallman (FSF) Was Right, Simon Phipps (OSI) Was Wrong

Posted in Free/Libre Software, FSF, OSI at 4:06 am by Dr. Roy Schestowitz

Richard Stallman at the European Parliament
Simon Phipps’ photo of Richard Stallman at the European Parliament; This image was originally posted to Flickr | Licence: Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0)

Summary: The misuse of labels with clinically-charged insinuations is strongly being discouraged not only by those trying to control language but also clinicians (it’s considered unfair and professionally unethical to give a medical assessment of people whom you never actually assessed, especially if the goal is to slander them with words like “dyslexia”, “dementia” and “autism”)

“He’d rather not use a microwave if it uses code he doesn’t have (seriously).” — Simon Phipps (@webmink) October 25, 2009

He responded to Brian Aker (MySQL) regarding Richard Stallman (rms), based on adjacent tweets (many about rms that day and see the video at the bottom). Twitter lacked proper threading at the time, so finding context takes some work (but is still remotely feasible).

The above statement may seem fair. But that’s just half the tweet. Then it became nasty.

“Twitter lacked proper threading at the time, so finding context takes some work (but is still remotely feasible).”“And no, Aspergers prevents one empathizing,” Phipps continued (we took screenshots; it wasn't the only time he used "Aspergers" as an insult). The historical significance of this may require familiarising oneself with Aspergers and Nazi eugenics/euthanasia programs (there’s a strong connection between them; Nature published “The truth about Hans Asperger’s Nazi collusion”), estimated to have eliminated about 300,000 humans for being regarded as mentally weak (even before the Holocaust).

A ward in the Am Spiegelgrund clinic in Vienna, in the 1940s.Courtesy of the Documentation Centre of Austrian Resistance.
Nature explains this photograph as follows: “A ward in the Am Spiegelgrund clinic in Vienna, in the 1940s. Courtesy of the Documentation Centre of Austrian Resistance.”

Based on leaks, Phipps was also working behind the scenes with FSFE to undermine/undercut the FSF and as figosdev put it: “In 2009 that was probably meant to make rms look unreasonable, but in 2020 with Internet-enabled refrigerators and people hacking cameras in baby monitors, he was “unreasonable” by virtue of being ahead of his time (again).

The truth about Hans Asperger’s Nazi collusion“I used to be a happy amazon customer, who said (thinking of “the right to read”) that the ultimate evil for DRM would be to put it in books. I’m still boycotting amazon, more than 10 years later.”

That’s figosdev.

He then said that “perhaps someone from OSI [alluding to Phipps] would like to call Kaitlyn Tiffany “autistic” for writing this 2018 article. Oh, nope — because she gets the title on the money, and then writes an article that ignores her own warning.”

“Aker’s disdain of rms might be the subject of a later (and separate) post.”The first article is “Amazon’s smart microwave is how it’ll get Alexa into every home” and the latter “Amazon’s Alexa-enabled microwave”.

“That would be a good thing to have a the source code to,” figosdev said, “though really the whole concept is flawed, and hardware switches (along with not enabling Internet on your microware) would be better. but that’s an example of Roy being right.”

Aker’s disdain of rms might be the subject of a later (and separate) post. Here’s what happened at the time Aker wrote a lot of malicious tweets, poking fun at rms (yes, this is him in the audience trying to trick rms). Same day as above…

IRC Proceedings: Sunday, October 11, 2020

Posted in IRC Logs at 2:27 am by Needs Sunlight



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