Linspire/Microsoft Agreement Useless to Users 155
Stephen Samuel writes "Groklaw host PJ has dissected the 'patent peace' agreement between Linspire and Microsoft, and has determined that what Linspire agreed to is next to useless for many users. Essentially, under the agreement Linspire software is almost unusable: 'You can't share the software with others, pass it on with the patent promise, modify your own copy, or even use it for an "unauthorized" purpose, whatever that means in a software context. You must pay Linspire for the software, but then the "covenant" says to use Linux, you must also pay Microsoft. That payment doesn't cover upgrades. Linspire said it was absorbing the initial fees, but I don't know about upgrades. New functionality means you lose your coverage or presumably must pay again.'"
All I can say is... (Score:5, Funny)
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In the eyes of the 'nix community they are tainted by this agreement and they will probably avoid on principal, so they must be banking that the new features (ttf, WMP10, DRM) are enough to tempt in people who do not know better.
I'd wish them luck but surely this had to be them shooting themselves in the foot and waving goodbye to their future business.
Much as I truly despise them, you have to admire MS for the effectiveness of this particular FUD c
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DRM as a feature?
You're right though - it will be interesting how the buying public reacts to this. The market will decide between truly free software like Ubuntu, which requires users to jump some admittedly easy hoops before playing restricted media, or Linspire, which makes media playing immediate, at the expense of giving up freedoms.
May the best distro win...
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Now if Dell is already installing the needed packages and doing the setup, or making it easier, that's one th
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It is if you use Automatix [getautomatix.com].
it's not quite that simple. (Score:2)
It is if you use Automatix [getautomatix.com].
Ah but you still have to install Automatix and how many people new to Linux will be able to install it without giving up?
FalconRe: (Score:2)
how many people new to Linux will be able to install it without giving up?
Yes, I can see how that might stump MS shills. The rest of us will be ok though.
ah, so all Linux distros can install .deb files? And here I thought that like .rpm installs the distro had to have a utility installed that opens and install .deb files. I didn't know Linux didn't need any utility for .debs. Ah, according to the debian site the utility dpkg [debian.org] is neede
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The discussion was specific to Ubuntu and Linspire.
The discussion was specific to Ubuntu and Linspire (Score:2)
In my original post I asked "Ah but you still have to install Automatix and how many people new to Linux will be able to install it without giving up? ", I didn't specify Ubuntu or Linspire. Ah, going back up the thread I see the person you replied to did specify Kubuntu. However my question still stands, how many switchers will know how to install Automatix? I have Linspire and your post is the first tyme I heard of it.
Ubuntu is based on Debian and includes dpkg in the base install.
So is Linspire
Re:The discussion was specific to Ubuntu and Linsp (Score:2)
You don't need to know. It just works.
Do you know how Windows handles .msi files when you double-click them?
installing software (Score:2)
I didn't even know what dpkg was until I looked it up after you mentioned it.
You don't need to know. It just works.
Do you know how Windows handles .msi files when you double-click them?
No, I don't know how .msi files work, just that they do although not always that well. And uninstaller routines, when software has one, don't work well either. That's one reason I think OSX is better, there's no registry or dependents. An installer, .dmg, may put .plist files in the preferences folder but that's
what is Applications/Utilities/Installer.app for? (Score:2)
I have no idea, I never heard of it. Since it's been more than 10 years since I've installed software on a Mac, things may of changed. But as of a few months ago I've heard about the only think you need to do in install software in OSX is create an app folder in the Application folder and drag the .dmg file there. Maybe I heard wrong, I'm going to find RSN as I plan on getting a Macbook Pro.
FalconRe:what is Applications/Utilities/Installer.app fo (Score:2)
You probably heard (mostly) right. I have, and support, Linux WinXP/Vista and OSX machines here. Quite frankly, after a smallish learning curve, there's almost no difference transitioning between them.
Windows is the most troublesome over the long haul, mostly because of malware, but choosing between the other two comes down to taste. I prefer Linux for the customisability myself, but if you're struggling with the flexibility f
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Then there's the DRM. Currently, WMP DRM only works on Windows. If MS releases something for Linspire/Novell that allows DRM'd content playback, thos
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The feature is DRM. It is a feature to the people selling the content, not the user. But the feature to the user is "able to play DRM-protected content". Which IS a feature, but also a completely shady and deceptive marketing tactic on the part of the entire fucking entertainment industry. At least, that portion of it which supports DRM. And due to the structure of our corporate masters, that's most of it.
DRM formats are a "feature" to users (Score:3, Interesting)
So I set it up for her (which mostly involved adding the MAC address to the wireless access list and installing a couple of apps) and turned her lose with it. Almost the first comment she made to me was that her favorite site (some home design TV show thing) wasn't showing the videos. Sure enough, HGTV's Design Star (I think it's called) site uses a
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Lots of videos don't work out of the box on Windows either. People either chase down the codecs themselves or get their resident geeks to get them. Many also end up with trojans or viruses like Zlob as a result.
Clicking the Automatix link in Ubuntu doesn't seem that difficult to me, and it's certainly much safer than playing codec roulette on Windows.
Re:All I can say is... (Score:4, Interesting)
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Secondly, the market that Linspire is aiming towards doesn't give a flying crap about:
1) software licenses
2) patents
3) irrational hatred of Microsoft
Leave those three particular concerns to every other
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As for the market, what was Linspires market share again? Its not because they have a bad distribution people avoid them. Linspire is really pretty darn good, just run by greedy bastards with no interest in the community that do all their work for free.
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After this stupid covenant, it isn't.
The fact you live in a country with authorities dumb enough to approve stupid laws doesn't make something bad a good thing, either way I found that the same people you later mention as don't giving a flying crap about software licenses don't care about dubious laws either. Getting ubu
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irrational hatred of Microsoft
Every time someone says something like this I feel like the guy in a conspiracy movie that knows the truth and can't get anyone to believe him.
How many times do you have to be lied to and/or fucked over by Microsoft before you too will develop this completely healthy and rational hatred of their bullshit antics and tactics?
How many illegal acts by Microsoft that are used to crush competition, which in many cases (probably even most) has had superior technology, will it take before you treat them like th
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But there is more than enough reason to at least dislike Microsoft and think that doing business with them is exclusively for the stupid, if not to be planning firebombings.
Oh yes, how did I forget that it's entirely healthy and rational to plot firebombing Microsoft. Wow, you've convinced me that you're entirely healthy and rational and not at all some kind of crazy loon who thinks it's ok to literally des
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But there is more than enough reason to at least dislike Microsoft and think that doing business with them is exclusively for the stupid, if not to be planning firebombings.
Oh yes, how did I forget that it's entirely healthy and rational to plot firebombing Microsoft.
I was using a conversational device common in colloquial English - such and such is reasonable, even if such and such other thing isn't.
Your lack of comprehension of the English language is at fault in your assumption that I believed that firebombing Microsoft is rational, and not anything that I said - because I certainly did not say it.
HTH, HAND.
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There are plenty of rational detractors of Microsoft. However, they're virtually extinct on Groklaw. You could power a city with the power of the knee-jerk responses there.
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eg: for me "hate" is the feeling itself not the intensity of that feeling. eg in my mind I can still say that I hate brussels sprouts or soap operas, even if they pale into insignificance compared to Hitler, Stalin, Pol Pot etc.
I think in recent years the words meaning has been shifted somewhat by being used as a scaremongering adjective eg hate mail, hate group, hate crime etc.
Linspire should just expire. (Score:2)
I bought a PC with Linspire preinstalled less than a year ago, now I'm thinking it was a bad idea. The company that built the PC no longer installs any Linux distro on PCs. Now Linspire is screwing around too. I'm glad I decided to get a Macbook Pro for a laptop.
FalconAh well (Score:3, Funny)
Re:Ah well (Score:4, Informative)
It's just money you pay to Microsoft to keep them from trashing your store^W^W^Wsueing for patent infringement.
ESR (Score:2, Interesting)
Re:ESR (Score:4, Informative)
As a matter of fact it's not necessary to wait for a public comment from ESR to know his views. If anything, these events can only reinforce his views that he wants "to see Microsoft broken on the wheel not by government fiat but by enlightened consumer choice". (Source: Halloween Documents FAQ [catb.org]
Isn't he on the linspire board or something?
According to this post [zdnet.com] apparantly by Linspire's CEO Eric is (or at least still was on Feb 23, 2007) "one of many un-paid volunteers of the Freespire [freespire.org] Leadership Board". I wouldn't be surprised if Eric reconsiders his involvement in that project in reaction to Linspire's agreement with Microsoft, but it's his choice of course.
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Uhm... I'd like everyone in the world to realize that getting along together is the only hope of making it out alive. How likely is *that*?
Nobody gets out of life alive.
If you mean the survival of the corporate entity Microsoft, that is not desirable.
"Enlightened consumer choice" is an oxymoron. There tain't no such thing.
Sure there is. Tons of people try to do the right thing, which is the first step. For example people who don't seem to care about polluting their bodies do purchase organically-labeled foods in an effort to reduce their impact on the environment. The problem is that the term 'organic' has been co-opted by the 'powers that be' (though the FDA and USDA) and it really means basically nothing -
Agreement useless to users? (Score:5, Insightful)
Re:Agreement useless to users? (Score:5, Insightful)
Darn! Bet MS never saw that coming!
Sidenote: Do any of these companies signing these agreements actually read them? Because so far most of the agreements seem to be designed to stop the Linux distributor from distributing Linux. Either that or there's some massive get-out clause in all of them which everybody else has missed.
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1. get a technology adopted by most of the linux community, no matter if it's FOSS
2. Suddenly, Microsoft recalls it has a patent covering that technology.
3. Now everyone who wants to keep using the technology in those unfortunate countries where software is patentable must get a deal with linspire or microsoft.
4. Profit!
I guess that's what will happen with a bigger fish like Novell.
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It seems to me that they are struggling businesses who get a one-time payday from Microsoft if they sign up.
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On the understanding that they sign an agreement which essentially destroys their current business model?
Still seems a bit odd to me.
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On the understanding that those in control of the business would be cashing out soon.?
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On the understanding that they sign an agreement which essentially destroys their current business model?
On the understanding that those in control of the business would be cashing out soon.?
It won't work in this case, Linspire unlike SCO is a privately held business so the only way to cashout is to sale the business to somebody else. However if said person, or business, doesn't exercise due diligence they deserve what they get.
FalconRe: (Score:2)
(either that, or Linspire is in violation of the GPL,
Microsoft's adversarial behavior costs $$$, again. (Score:2)
The Groklaw analysis needs further translation. In my opinion, the contract says, effectively:
1) Microsoft can do anything it likes.
2) You have no rights.
Microsoft operating systems need constant attention that costs 10x as much as the original sale price, in my experience. According to Microsoft, you have no right to a good product.
Re:Agreement useless to users? (Score:4, Interesting)
Basically, Microsoft says "we won't sue Linspire users as long as they only do X, Y and Z".
That doesn't mean in any way that anyone is preventing Linspire users from doing whatever they want. They can do A, B and C, just like Redhat users can. Microsoft just doesn't promise anymore not to sue them, just as it never promised not to sue Redhat customers. Which doesn't matter much, because Microsoft is just full of wind anyway.
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Basically, Microsoft says "we won't sue Linspire users as long as they only do X, Y and Z".
Where X, Y and Z include paying Microsoft.
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Isn't it much more like Linspire/Microsoft Agreement makes Linspire useless? Additionally, that is an understatement also since the general idea of useless is that you won't get anything good from it. In this scenario, it should be Linspire/MS Agreement Toxic to Users.
This agreement doesn't make Linspire useless. People who use Linspire gets some legal use out of it. Last year I bought a new PCs with Linspire preinstalled. After booting up it almost seems like Windows, it looks like it and acts like i
Great business-plan (Score:4, Interesting)
1. Start a Linux distribution
2. Get Microsoft's attention
3. Get millions from Microsoft (more then they will ever earn selling it), agreeing to everything Microsoft ask.
4. Go out of business
I think more distributions should do it... (as long the really serious ones don't)
SCO Deja Vu (Score:5, Interesting)
MS is operating along the same lines. The assumption is that you owe Microsoft something for using Linux, hence the need for such agreements between MS and Linux vendors.
It's classic FUD, but I don't know if MS would actually sue anyone. Unlike SCO Microsoft has a bottomless pit of money, and yet MS may not be large enough to successfully try and destroy Linux via patent infringement lawsuits.
We'll see how it all plays out. Will Microsoft embarass themselves the same way SCO did? One thing's for sure, if Microsoft decides to play the patent game, they too are at risk of getting countersued for whatever patents they infringe (and based on how many software patents are out there, there's sure to be some).
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Something that gets me is that this is just another choice for people. I don't understand what all the fus is over. I mean the peo
Re:SCO Deja Vu (Score:5, Insightful)
This deal is nowhere near as benign as you try and describe. Remember, this is a deal with Microsoft. If they can't find IP violations in a linux distribution, they'll put it there and then cry "victim".
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But none of the companies entering the agreements have ever stated that is was to gain protection from Microsoft IP that linux violates or infringes on.
No?
They have tried to stress the interoperability (and in the Novell case, virtualization) aspects of the deal, but didn't hide that an additional benefit would be protection from patent infringement lawsuits from Microsoft. Now that it has turned out that this protection excludes just about everything, this "benefit" has simply vanished.
Besides, playing up the patent protection aspect would have been certain to cause even more enmity in the F/OSS community. And biting the hand that feeds you has neve
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More importantly, Novell has from day one been telling members of the Free software community that it isn't what they are thinking or saying and yet they continued going off about it and even wrote a specific article in the new GPL license over it. Now lets get something straight, why would it be
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What's all the fuss about? Well lets see what the CEO of Microsoft has to say about the deal:
http://blog.seattlepi.nwsource.com/microsoft/archi ves/108806.asp [nwsource.com]
"our job has got to be to help our customers get interoperability"
Sounds reasonable
"We've had an issue, a problem that we've had to confront, which is because of the way the GPL (General Public License) works"
There should be no problem as
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From the same article when asked about the Novell deal and responding about having both microsoft and linux servers in the data rooms.
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MS is operating along the same lines. The assumption is that you owe Microsoft something for using Linux, ...
Using MS Windows for so many years is *why* I switched to Linux.
I guess I owe them for that. But now they want to charge you for it?
switching (Score:2)
Using MS Windows for so many years is *why* I switched to Linux.
Same here, with one change: "is *why* I am switching to Linux and Macs."
FalconRe: (Score:2)
My guess is that they don't intend to sue anyone, they are just using FUD to try to limit the damage Linux is doing to Windows sales to the least profitable area of business - the home desktop. Developers, business users and server usage are all excluded from their patent promises, as is Free distribution via the GPL, something that threatens their business model at its core.
Re:SCO Deja Vu (Score:4, Insightful)
I agree completely with you, except:
Linux datacenters (I run one), admins, and developers should be thanking their lucky stars for IBM. They and they alone have enough legal strength and money to scare Microsoft. But it gets better!
Wait and watch for the interesting times as the SCO/EVERYBODY lawsuits wind down.
Prediction: IBM sues Microsoft into the crapper once the SCO thing is resolved. At the end of the ten year lawsuit, Microsoft is irrelevant- but IBM have open sourced it's patent portfolio.
Then again... I am probably wrong and we'll be running Windows "Orbital View" and paying a penny a keystroke.
But one can hope.
SCO conspiracy theory (Score:4, Insightful)
SCO was a trial balloon for Microsoft. Though Microsoft's pipe fairy, SCO got a hot cash injection. They started making wild claims, which drove their stock up quite nicely, thank you.
Then they started suing, and everything went downhill. SCO discovered they actually had to *prove* something. So, we've been fortunate enough to witness a corporation spinning faster and faster until rotational velocity rips it apart. It's kinda cool.
Here's what Microsoft learned from SCO: *accusations work.* They work very, very well. Make vague, unsubstantiated claims. Oh, don't go as far as Darl McBride. He's an ass. Instead, insinuate. Make a few direct claims, let those claims disappear, then play on the doubt those claims left behind.
It's working surprisingly well. The one thing that's backfiring, though, is that Microsoft has associated their name with Linux, in a strange approving sort of way. This is PR that Linux couldn't buy. I have non-geek people asking me about Linux these days, people who'd never heard of it before.
Anyway, Microsoft will never take this to court. They would be complete fools to disregard the SCO effect.
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I don't think Microsoft was involved in the beginning of the SCO campaign. They just quickly saw this as a perfect opportunity to help slowing down Linux adoption in the marketplace, and thus started sponsoring SCO in various ways. First the initial "IP license" money, and then the BayStar investment money.
Hit and Run. (Score:2)
While I won't miss Linspire I am interested to know the future of Robertson's only real valued contribution to the GNU/Linux family of operating systems
Missing the point... (Score:5, Insightful)
So I'm no Kreskin... but M$ has never been subtle about it's desire to pretty much play Mongul Horde all over the face of modern computing. I think this is clearly M$ pulling an old tried and true lan out of their own gamebook and simply reverting to business as usual. I'm guessing the plan will look something like;
Have I missed anything? Probably. Y'know, if they put aside this whole Genghis Kahn, I gotta own the whole freakin world mentality, and just started committing themselves to doing good things for humanity... the rest would take care of itself. Oh well. This is going to be an interesting show! Who's got the popcorn!
Linspire/Microsoft Agreement Useless to Users (Score:2)
Does Linspire have any market share? (Score:3, Interesting)
That post got modded Interesting, but didn't get any replies, so I'm really not sure whether Linspire is alive in the corporate segment, which should be the segment that worries about patent suits... like SCO sued Daimler-Chryssler (?) and lost face.
I can't imagine a company like Linspire would inspire any confidence in knowledgable markets like in Asia... The manner in which they caved in during the Lindows trademark dispute with Microsoft was suspicious and intriguing as well.
At a guess, just how many customers does Linspire have, if any? A few hundreds? In which case, I think
lets make Linspire retire... (Score:2)
The Agreement is null and void because of the contradiction with the license.
It should also be noted that Microsoft
Second was the sale of MSDOS to IBM but Microsoft did not, at the time of selling it to IBM, own it nor had they even contacted the creator if it.
Is this another example of MS profiting off of what they do not own or
So what? (Score:2, Interesting)
Never forget, it was Linspire
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Unusable? (Score:2)
Wow, it's unusable. The only thing you can do is... use it. WTF?
New functionality means you lose your coverage or presumably must pay again.
New functionality presumably must pay again? How does a software upgrade pay a bill?
Who is Linspire? (Score:2)
The people I know that Linux don't use Linspire. They use Suse, Red Hat & Fedora, Ubuntu, and a host of other distros. Most of us get downloads from Linux archives, release company's sites or distro sites. I've never seen Linspire on any of those.
I remember some rumblings about them being sold at Walmart but I have never seen a Linspire box at any of our Walmarts. I didn't even realize Linspire was still around.
So, do they even have any marke
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I think there is a problem with this thinking. MS will want to own Linux if it can to deny it market share. If it can't own it, it will kill it. They make good headway on plan B by eliminating fringe distributions one by one by tainting them to the point that users abandon them.
It's especially dangerous in the
Re:Groklaw?? How about objective analysis instead? (Score:5, Insightful)
How about reading the article and point out some actual errors in it?
I did, and most points she makes seem valid to me...
What facts did you use for your objective analysis of groklaw?
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PJ started losing credibility when she started calling things like an OO.o plugin made by Novell a fork of OO.o. Her exact reasoning is "It may not be what it says, but to me it's what it means." [groklaw.net] and "To me, it's a fork because of the patent deal." [groklaw.net]
Then stories that are blatant Microsoft bashing, like A Brave New Modular World - Another MS Patent Application [groklaw.net], started popping up.
Then the GPLv3 posts started popping up.
One of
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She wasn't accusing Linus
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You did notice that "convey" is defined to be a subset of "propagation", which is defined just above as that which would be copyright infringement, specifically making and distributing copies. "Convey" is a form of "propagation", and your reading it to mean the transference of a single instance of software without creating new c
You surely "get the facts" (Score:2)
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We hates it (Score:2)
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Kevin Carmon
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hopefully it is small enough to be under M$ radar.
Who cares? I'd wager that the whole operation is undertaken for the benefit of businesses, who potentially hate risk. However, Microsoft is banking on the fact that IT Management and CIOs are complete dimbulbs who are shaking in their boots because they may get sued by mighty Microsoft. It didn't work with SCO and it won't work now with the MS version of patent trolling.
In addition I want to see them pull that stunt off in Europe, where software patents are not only not recognized, but where the EU comm
Read the contract! (Score:2)
linspire isn't any good? (Score:2)
I am no expert on that particular distro but I have always kinda assumed it was worthless.
For those switching from Windows to Linux, Linspire is pretty good. I'm switching myself from Windows, to both Linux and OSX, and got a PC with Linspire preinstalled. Windows users will be comfortable with it, bootup and it looks resembles and acts like Windows. It's easy to install software after registering, just go to the CNR warehouse [linspire.com] to select what software you want, then click one button to install the so
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The thing about linspire is that it wasn't ever intended for the geek who wants to change everything, compile kernels, write code, modify code and all that sort of stuff. It
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Support for
Debian
Fedora
Freespire
Linspire
OpenSUSE
Ubuntu
Original timetable was Q2 2007. Current timetable is "in a few weeks" and "soon".
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Somewhere between that promise and the actual release of Lindows 1.0, they had a falling out with Codeweavers, and Codeweavers terminated their business relationship with Lindows:
http://www.newsforge.com/article.pl?sid=02/04/05/0 335256 [newsforge.com]
Neither Codeweavers nor Lindows had much to say in public that I am aware of, but there have been rumors that the main issue was that Lindows wasn't too keen
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Ya gotta ask? (Score:3, Funny)
That's right. "My Computer." (Among others. Stop yer quibbling.)
Who owns that icon?
That's right. Microsoft.
Ah! I think I see your problem. (Score:3, Interesting)
This is the crux of the matter.
They do *not* "perceive [it] to be their property." They *claim* it is their property, but refuse to prove in any way, shape, or form that it *is* their property.
So.
The rest of your post is essentially mumbling about contract law, of which you come close to admitting you know almost nothing. You are saying your opinion is worth more than someone who actually knows something about contract
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Re:What will happen to Linspire/Ubuntu partnership (Score:2)
Read Mark's blog he posted about this ages ago [markshuttleworth.com]...
With regards to the CNR technology what is the big deal. Linspire rsyncs Ubuntu debs [linspire.com] and allows people to download them and pay for some commercial packages on a website. Hardly a "deal". I'm still going to use apt-get anyway.