# LANGUAGE translation of https://www.gnu.org/philosophy/ms-doj-tunney.html # Copyright (C) YEAR Free Software Foundation, Inc. # This file is distributed under the same license as the original article. # FIRST AUTHOR , YEAR. # #, fuzzy msgid "" msgstr "" "Project-Id-Version: ms-doj-tunney.html\n" "POT-Creation-Date: 2021-09-09 20:25+0000\n" "PO-Revision-Date: YEAR-MO-DA HO:MI+ZONE\n" "Last-Translator: FULL NAME \n" "Language-Team: LANGUAGE \n" "Language: \n" "MIME-Version: 1.0\n" "Content-Type: text/plain; charset=CHARSET\n" "Content-Transfer-Encoding: 8bit\n" #. type: Content of: msgid "" "FSF Statement in Response to Proposed Revised Final Judgment in Microsoft " "v. United States - GNU Project - Free Software Foundation" msgstr "" #. type: Content of: <div><h2> msgid "" "FSF Statement in Response to Proposed Revised Final Judgment in Microsoft " "v. United States" msgstr "" #. type: Content of: <div><p> msgid "January 28, 2002" msgstr "" #. type: Content of: <div><address> msgid "Renata B. Hesse" msgstr "" #. type: Content of: <div><address> msgid "Antitrust Division" msgstr "" #. type: Content of: <div><address> msgid "U.S. Department of Justice" msgstr "" #. type: Content of: <div><address> msgid "601 D Street NW" msgstr "" #. type: Content of: <div><address> msgid "Suite 1200" msgstr "" #. type: Content of: <div><address> msgid "Washington, DC 20530-0001" msgstr "" #. type: Content of: <div><p> msgid "Dear Ms Hesse," msgstr "" #. type: Content of: <div><p> msgid "" "I am Professor of Law at Columbia University Law School in New York, and " "General Counsel (<i>pro bono publico</i>) of the Free Software Foundation, a " "non-profit §501(c)(3) corporation organized under the laws of the " "Commonwealth of Massachusetts, with its headquarters in Boston. I make this " "statement under the provisions of 15 U.S.C. § 16(d) concerning the " "Proposed Revised Final Judgment (hereinafter “the Settlement”) " "in <i>United States v. Microsoft Corp</i>." msgstr "" #. type: Content of: <div><p> msgid "" "The remedies sought to be effected in the Settlement are, in their broad " "outline, appropriate and reasonable measures for the abatement of the " "illegal conduct proven by the United States at trial. The goal of such " "remedies is to require that Defendant affirmatively assist the restoration " "of competition in the market in which the Defendant has been shown to have " "illegally maintained a monopoly in violation of 15 U.S.C. §2. The " "remedies embodied in the Settlement would substantially achieve that goal, " "appropriately furthering the Government's pursuit of the public interest, if " "the Settlement were amended to rectify certain details one-sidedly favorable " "to the Defendant's goal of continuing its illegal monopoly." msgstr "" #. type: Content of: <div><p> msgid "" "Defendant—in the interest of continuing unabated its illegal " "monopoly—has artfully drafted certain clauses of the Settlement so as " "to hobble potential competition, giving the appearance of affirmatively " "assisting to undo its wrong, but covertly assisting instead in its " "continuance." msgstr "" #. type: Content of: <div><p> msgid "" "The District Court found that the Defendant had illegally maintained a " "monopoly in the market for Intel-compatible PC operating systems. (Findings " "of Fact, November 19, 1999, ¶19.) The mechanism of that " "monopolization, the court found, was the attempt to establish exclusive " "control of “application program interfaces” (“APIs”) " "to which applications developers resort for operating system services, so as " "to prevent the possibility of “cross-platform” development " "threatening Defendant's operating systems monopoly. (Findings of Fact, " "¶80 and <i>passim</i>.)" msgstr "" #. type: Content of: <div><p> msgid "" "The Settlement accordingly makes appropriate provision to require Microsoft " "to provide access to full and complete technical information about its APIs " "on non-discriminatory terms, so as to prevent Defendant's prior conduct in " "erecting artificial and illegal barriers to entry to the monopolized market." msgstr "" #. type: Content of: <div><p> msgid "" "But the precise terms of the Settlement create a series of artful technical " "loopholes vitiating the primary intention." msgstr "" #. type: Content of: <div><p> msgid "Section III(D) provides that:" msgstr "" #. type: Content of: <div><blockquote><p> msgid "" "Starting at the earlier of the release of Service Pack 1 for Windows XP or " "12 months after the submission of this Final Judgment to the Court, " "Microsoft shall disclose to ISVs, IHVs, IAPs, ICPs, and OEMs, for the sole " "purpose of interoperating with a Windows Operating System Product, via the " "Microsoft Developer Network (“MSDN”) or similar mechanisms, the " "APIs and related Documentation that are used by Microsoft Middleware to " "interoperate with a Windows Operating System Product. (emphasis added)" msgstr "" #. type: Content of: <div><p> msgid "" "The “sole purpose” requirement means that Defendant does not " "have to make any such API information available to developers of software " "whose purpose it is to make competing Intel-compatible PC operating " "systems. Only those who make programs that interoperate with Windows " "Operating Systems Products may receive such information. Under § " "III(I)(3), an applications developer who has received licensed information " "concerning Defendant's APIs could be prohibiting from sharing that " "information with a maker of a competing Intel-compatible PC operating " "system, for the purpose of interoperating with that competing product. Under " "§III(I)(2), if a potential competitor in the market for " "Intel-compatible PC operating systems also makes applications products, it " "can even be prohibited from using licensed information it receives in order " "to make those applications interoperate with Defendant's products also " "interoperate with its own competing operating system." msgstr "" #. type: Content of: <div><p> msgid "" "What should be a provision requiring Defendant to share information with " "potential competitors in the monopolized market turns out, after Defendant's " "careful manipulation, to be a provision for sharing information " "“solely” with people other than competitors in the monopolized " "market. The same language has been inserted into §III(E), thus " "similarly perverting the intention of the Settlement with respect to " "Communications Protocols." msgstr "" #. type: Content of: <div><p> msgid "" "Defendant has not merely engaged in this undertaking with a goal to the " "exclusion of potential future competitors from the monopolized market. In " "the teeth of the evidence, long after having been proved to have behaved " "with exaggerated contempt for the antitrust laws, Defendant is attempting in " "the very Judgment delivered against it to exclude from the market its most " "vigorous current competitor." msgstr "" #. type: Content of: <div><p> msgid "" "Defendant's most significant present challenger in the Intel-compatible PC " "operating systems market is the collection of “free software,” " "which is free in the sense of freedom, not necessarily in price: thousands " "of programs written collaboratively by individuals and organizations " "throughout the world, and made available under license terms that allow " "everyone to freely use, copy, modify and redistribute all the program " "code. That free software, most of it licensed under the terms of the Free " "Software Foundation's GNU General Public License (“the GPL”) " "represents both an operating system, known as GNU, and an enormous corpus of " "applications programs that can run on almost all existing architectures of " "digital computers, including Intel-compatible PCs." msgstr "" #. type: Content of: <div><p> msgid "" "Through one such free software component, an operating system " "“kernel” called Linux, written by thousands of individuals and " "distributed under the GPL, the GNU operating system can execute on " "Intel-compatible PC's, and by combining Linux with other free software, GNU " "can perform all the functions performed by Windows. Non-Microsoft Middleware " "can execute on Intel-compatible PCs equipped with components of GNU and " "Linux. Intel-compatible PCs so equipped currently account for more than 30% " "of the installed server base in the United States, according to independent " "industry obsevers." msgstr "" #. type: Content of: <div><p> msgid "" "The District Court found that “by itself, Linux's open-source " "development model shows no signs of liberating that operating system from " "the cycle of consumer preferences and developer incentives that, when fueled " "by Windows' enormous reservoir of applications, prevents non-Microsoft " "operating systems from competing.” (Findings of Fact, November 5, " "1999, ¶50.) (referring, confusingly, to the combination of GNU, Linux, " "and other programs simply as “Linux.”) The District Court " "correctly found that in order to compete effectively with Defendant in the " "desktop operating systems market for Intel-compatible PCs, systems equipped " "with the free software operating system should be able to interoperate with " "“the enormous reservoir” of Windows applications." msgstr "" #. type: Content of: <div><p> msgid "" "There is no inherent barrier to such interoperation, only an artificial " "barrier illegally erected by Defendant. If Defendant were required to " "release information concerning its APIs to the developers of free software, " "GNU, Linux, the X windowing system, the WINE Windows emulator, and other " "relevant free software could interoperate directly with all applications " "that have been developed for Windows. Anyone could execute Windows " "applications programs bought from any developer on Intel-compatible PC's " "equipped with the competing free software operating system. And because, as " "the District Court found, the cost structure of free software is very much " "lower than Defendant's, the competing operating system product is and would " "continue to be available at nominal prices. (Findings of Fact, November 5, " "1999, ¶ 50.)" msgstr "" #. type: Content of: <div><p> msgid "" "That would be too effective a form of competition, from the Defendant's " "point of view. For this reason, Defendant has included in the Settlement the " "terms that exclude from API documentation precisely those to whom it would " "be most logically addressed: potential competitors seeking access to the " "monopolized market. If the Settlement were enforced according to its " "intention, the result would be immediate and vigorous competition between " "Defendant and the parties against whom, the District Court found, Defendant " "was illegally maintaining a barrier. The Settlement should be amended to " "level that barrier, which the current language inserted by Defendant " "artfully maintains. The language of §§III(D) and III(E) should be " "amended to require Defendant to release timely and accurate API information " "to all parties seeking to interoperate programs with either Windows " "Operating System Products or applications written to interoperate with " "Windows Operating System Products." msgstr "" #. type: Content of: <div><p> msgid "" "For the same reason, Defendant's attempt to continue denying the free " "software development community access to its APIs through the imposition of " "royalty requirements, in §III(I)(1), should be removed. As the District " "Court recognized, free software development means that everyone in the world " "has access, without payment of royalties or prohibition of redistribution, " "to the “source code” of the software. All APIs and other " "interfaces are fully available at all times to anyone who wants to " "interoperate with the existing programs. This, and the ability to reuse " "existing program code in new programs without payment of royalties or " "license fees, permits vast numbers of interoperable, high-quality programs " "to be written by a mixture of volunteers and professional project developers " "for free distribution." msgstr "" #. type: Content of: <div><p> msgid "" "By authorizing Defendant to engage in non-reciprocity by charging royalties " "for the same information about its programs, thus purposefully ousting " "volunteer developers, and by prohibiting “sublicensing,” thus " "precluding profit-making developers from seeking interoperability with " "volunteers, the Settlement is craftily perverted into a mechanism whereby " "Defendant can continue to withhold API information so as to preclude the " "operations of potential competitors. The Settlement should be modified so " "that §III(I)(1) requires reciprocity, by precluding the imposition of " "royalties on developers who make their own APIs fully available without " "payment of royalties or license fees, and so that §III(I)(3) precludes " "limitation on sublicensing, and requires Defendant to release API " "information on terms reciprocal to those on which competitors make their own " "API information available." msgstr "" #. type: Content of: <div><p> msgid "" "In one additional provision Defendant has attempted to subvert the intention " "of the Settlement in order to preclude effective competition by the " "Intel-compatible free software operating system. Under § III(J)(1), " "Defendant may refuse to disclose “portions of APIs or Documentation or " "portions or layers of Communications Protocols the disclosure of which would " "compromise the security of anti-piracy, anti-virus, software licensing, " "digital rights management, encryption or authentication systems, including " "without limitation, keys, authorization tokens or enforcement " "criteria.” This provision is so indefinite that Defendant can be " "expected to argue that all APIs and Communications Protocols connected with " "the security and authentication aspects of electronic commerce (including " "especially “without limitation” keys and authorization tokens, " "which are the basic building blocks of all electronic commerce systems) can " "be kept secret." msgstr "" #. type: Content of: <div><p> msgid "" "At present, all such protocols and APIs are public, which is appropriate " "because—as computer security experts would testify if, as it should, " "the District Court seeks evidentiary supplementation under 15 U.S.C. " "16(f)(1)—security is not attained in the computer communications field " "by the use of secret protocols, but rather by the use of " "scientifically-refereed and fully public protocols, whose security has been " "tested by full exposure in the scientific and engineering communities." msgstr "" #. type: Content of: <div><p> msgid "" "If this provision were enforced as currently drafted, Defendant could " "implement new private protocols, extending or replacing the existing public " "protocols of electronic commerce, and then use its monopoly position to " "exclude the free software operating system from use of that de facto " "industry standard embodied in its new unpublicized APIs and Protocols. " "Defendant then goes further in § III(J)(2), according to itself the " "right to establish criteria of “business viability” without " "which it may deny access to APIs. Considering that its primary competition " "results from a development community led by non-profit organizations and " "relying heavily on non-commercial and volunteer developers, one can only " "conclude that Defendant is once again seeking the appearance of cooperation " "with the rule of law, while preparing by chicane to deny its injured " "competitors their just remedy." msgstr "" #. type: Content of: <div><p> msgid "" "The Free Software Foundation not only authors and distributes the GNU " "General Public License, and in other ways facilitates the making of free " "software by others, it also manufactures and distributes free software " "products of its own, particularly the GNU operating system, and sells " "compilations of its own and others' free software. The Foundation sustains " "specific injury from the violations set forth in the complaint that are not " "remedied by (and indeed are specifically excluded from) the Settlement. The " "Foundation and the other free software developers with whom it acts are the " "single most significant competitor to the Defendant in the monopolized " "market, and the adoption of the Settlement as drafted, with its terms so " "carefully designed by Defendant to preclude its effective competition, would " "be a travesty. We urge that the Settlement be amended as we have described." msgstr "" #. type: Content of: <div><p> msgid "Very truly yours," msgstr "" #. type: Content of: <div><p> msgid "Eben Moglen" msgstr "" #. TRANSLATORS: Use space (SPC) as msgstr if you don't have notes. #. type: Content of: <div> msgid "*GNUN-SLOT: TRANSLATOR'S NOTES*" msgstr "" #. type: Content of: <div><div><p> msgid "" "Please send general FSF & GNU inquiries to <a " "href=\"mailto:gnu@gnu.org\"><gnu@gnu.org></a>. There are also <a " "href=\"/contact/\">other ways to contact</a> the FSF. Broken links and " "other corrections or suggestions can be sent to <a " "href=\"mailto:webmasters@gnu.org\"><webmasters@gnu.org></a>." msgstr "" #. TRANSLATORS: Ignore the original text in this paragraph, #. replace it with the translation of these two: # #. We work hard and do our best to provide accurate, good quality #. translations. However, we are not exempt from imperfection. #. Please send your comments and general suggestions in this regard #. to <a href="mailto:web-translators@gnu.org"> # #. <web-translators@gnu.org></a>.</p> # #. <p>For information on coordinating and contributing translations of #. our web pages, see <a #. href="/server/standards/README.translations.html">Translations #. README</a>. #. type: Content of: <div><div><p> msgid "" "Please see the <a " "href=\"/server/standards/README.translations.html\">Translations README</a> " "for information on coordinating and contributing translations of this " "article." msgstr "" #. type: Content of: <div><p> msgid "Copyright © 2002, 2021 Free Software Foundation, Inc." msgstr "" #. type: Content of: <div><p> msgid "" "This page is licensed under a <a rel=\"license\" " "href=\"http://creativecommons.org/licenses/by-nd/4.0/\">Creative Commons " "Attribution-NoDerivatives 4.0 International License</a>." msgstr "" #. TRANSLATORS: Use space (SPC) as msgstr if you don't want credits. #. type: Content of: <div><div> msgid "*GNUN-SLOT: TRANSLATOR'S CREDITS*" msgstr "" #. timestamp start #. type: Content of: <div><p> msgid "Updated:" msgstr ""