Original Sender : Ari <[EMAIL PROTECTED]>
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http://www.mediabox.net/mcr/openwin32999.html

Forcing Windows Open? by Columnist: George Edward Green III

           As many of you may already have heard, the latest
development in the MS/DOJ trial is the 19 states' wish for Microsoft
to license Windows, and auction of licenses. This is a great idea! I
love this idea! Still, it has to be done correctly to be effective. I
cannot help but to worry whether the DOJ/19 States are capable of
determining a strict enough resolution to force Microsoft to do this.
Thus, here are my thoughts on what needs to be part of just such a
deal.

           First and foremost, the resolution must refer to any and
all operating systems, shells, and OS-like browsers made by Microsoft.
The execs at MS are not dumb, if any actual name is mentioned they'll
quickly pull the same thing Apple did to get out of its contracts with
cloners; they'll rename the OS to avoid their obligations. Thus there
must be a very wide, but specific definition of OS. That's right even
one that Bill I-Don't-Know-The-Meaning-Of-Competition Gates can
understand. It would be severe folly to suggest such a solution to the
MS monopoly, only to have Microsoft escape so easily.

           Also, Microsoft must be forced to license ALL of Windows.
Especially the QD-DOS, that they are so secretive with. Indeed it will
be very surprising to see just what secrets are in that source code.
It is these secrets that Microsoft has been using to keep ahead of the
competition for years. Microsoft must license not only the current,
and past Windows code, but provide the source to all future operating
systems as well. Again, it would be silly to have to go through this
process every time Microsoft comes up with something new that it
considers to be a different OS.

           Another important thing to note, is that Microsoft should
be forced to provide updates to the source code promptly. Overseers
should be appointed to ensure that current Windows builds use the same
code as is available to licensees. Failure to meet either of these
must result in strict, and immediate penalties. Microsoft cannot be
allowed to right off this solution as a cost of business as it has
past rulings.

           This ruling must apply to all Microsoft subsidiaries, as
well as to any operating system that Microsoft might resell. This will
prevent Microsoft from simply attaining a large interest in some other
company, and exploiting their control over them to maintain the same
monopoly status they have today. In fact one can easily see just what
kind of company might make an OS worth such efforts, and which
Microsoft already controls and interest in.

           Additionally however, Microsoft must be fairly reimbursed
for its source code. Companies looking to market code derived from
Windows source code should have to pay fairly for that privilege. If
necessary the government might even help out by reimbursing Microsoft
for this code. The basic issue here is that Microsoft shouldn't be
unfairly treated. While they obviously cannot go unchecked, neither
should they be prohibited from competing in normal ways.

           Still though these are but few of the many things that must
be addressed before such a resolution would be acceptable, and
expected to actually solve the problem. The great thing is however
that if done right, this could actually solve the problem! Windows
source would be available, so it could be innovated upon, and
companies competing with Microsoft would know the same things about
Windows as Microsoft does, and when Microsoft known them! At the same
time however, Microsoft would be reimbursed for their technology, and
expenses. Windows could then also come to other platforms (admittedly
this is not a clear benefit of such a resolution.). Apple for instance
could purchase such a license, and add Windows compatibility to OS X,
in such a way as to actually make it effective for current Windows
users to use Mac OS X. Still however, Apple would have to pay for this
privilege, and thus Microsoft would not really be losing that much
money on the deal.

           This of course is just one of many scenarios. Being as the
proposal only received mainstream attention recently, much has yet to
be considered. The important thing though, is that this is the first
proposed resolution that could actually succeed in making for a just
end to the Microsoft monopoly. Personally I didn't think such was
possible, or at least very much unlikely before hearing wind of this
proposal. Now though I am pleased that there might just be a way to
bring innovation and competition back to the now stagnant desktop
world, without being unfair to either Microsoft or their competitors.
It will be very interesting to see how this all plays out. Personally
I'm keeping my fingers crossed that a solution like this can be agreed
upon, and that justice actually be served.

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