Open Letter to DOJ re Microsoft Settlement

[Dan Kegel]

Bernhard Rosenkraenzer wrote:
> 
> On Tue, 22 Jan 2002, Dan Kegel wrote:
> 
> > I've drafted an open letter to the Department of Justice to explain why
> > the proposed settlement should not be accepted; it's at
> >      http://www.kegel.com/remedy/letter.html
> 
> Just read it - I like it, but IMO it's missing a couple of important
> points:
> 
> * Opening the APIs and some file formats will not help at all if they are
>   protected by restrictive patents. It is vital that Microsoft must be
>   prevented from using those patents against potential competitors.
>   This applies in particular to the "ASF" format Microsoft is pushing as
>   a standard format for video distribution, but preventing anyone else
>   from using through patent #6,041,345.

The proposed settlement does provide for some access to patents
on a 'reasonable and non-discriminatory basis'.  
The States' proposal goes further, and proposes a 'royalty-free' basis.
I regret that I have not yet had time to dig into this interesting issue.
I encourage individuals to mention it in their own notes to the DOJ, though.
 
> * Microsoft uses OEM deals that prevent OEMs from shipping computers
>   pre-loaded with a "dual boot" configuration that would allow users to
>   use both Windows and a competing operating system, such as Linux.

The proposed settlement actually does prohibit that particular practice,
so I didn't need to cover it.  (I did cover the related one of
discriminating against OEMs who ship *non-windows* computers, though.)

> If you think having a non-US citizen signing the letter, feel free to add
> me (Software Developer, Red Hat, Inc.).

I don't think it would carry any weight in this case, but thanks,
otherwise I'd love to!  Maybe you could discuss this with your
coworkers in the US, though.

- Dan