Microsoft and Lindows Settle Trademark Case
REDMOND, Wash., and SAN DIEGO, July 19, 2004 — Lindows.com and Microsoft Corp. today jointly announced that a worldwide settlement has been reached in the trademark infringement cases between the two companies.
“This case was centered on the fundamentals of international trademark law and our necessary efforts to protect the Windows® trademark against infringement,” said Tom Burt, corporate vice president and deputy general counsel for Microsoft. “This settlement addresses those concerns, and we are pleased that Lindows will now compete in the marketplace with a name distinctly its own.”
“We are pleased to resolve this litigation on terms that make business sense for all parties,” said Michael Robertson, CEO of Lindows Inc. “Over the next few months Lindows will cease using the term Lindows and transition to Linspire globally as our company name and primary identifier for our operating system product.”
The settlement agreement resolves all claims in this litigation, both in the United States and internationally. Terms of the settlement are confidential.
About Linspire
Linspire is an affordable Linux-based operating system, designed specifically for desktop and laptop computers in homes, schools and businesses.
About Microsoft
Founded in 1975, Microsoft (Nasdaq “MSFT”) is the worldwide leader in software, services and solutions that help people and businesses realize their full potential.
Microsoft and Windows are either registered trademarks or trademarks of Microsoft Corp. in the United States and/or other countries.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Note to editors: If you are interested in viewing additional information on Microsoft, please visit the Microsoft® Web page at http://www.microsoft.com/presspass/ on Microsoft’s corporate information pages. Web links, telephone numbers and titles were correct at time of publication, but may since have changed. For additional assistance, journalists and analysts may contact Microsoft’s Rapid Response Team or other appropriate contacts listed at http://www.microsoft.com/presspass/contactpr.asp
https://news.microsoft.com/source/2004/07/19/microsoft-and-lindows-settle-trademark-case/
https://www.linspirelinux.com/
Common Desktop Environment
Messages from the Maintainers
On a IBM FreeBSD Machine or HP
Initial Instructions pkg install xorg git iconv ksh open-motif tcl86 OpenSP pkg install cde After reading the messages from the package the correct configuration is /etc/inetd.conf dtspc stream tcp nowait root /usr/local/dt/bin/dtspcd /usr/local/dt/bin/dtspcd /etc/services dtspc6112/tcp sysrc rpc_bind_enbale = YES sysrc dtcms_enable = YES sysrc inetd_enable = YES Instructions Continued service rpcbind start && service dtcms start && service inetd start export /usr/local/dt/bin on the PATH echo "/usr/dt/bin/Xsession" >> ~/.xinitrc env LANG=C startx/usr/local/bin/Xsession /usr/local/etc/x11/XWrapper.config and add the following line: allowed_users=anybody as root run: /usr/local/dt/bin/dtlogin-deamon
Mac OS X Internals
Here is the Mac OS 7 Source code layout or ELF binaries if anyone can find the C/C++ source left me know. Here is a article on booting XNU. Recently bought Red Snow is a 2021 American horror comedy film directed by Sean Nichols Lynch.
I use the 2008 MSDN Library Samples as the basis for Operating System layout and top level for my SpecSharp Microsoft Visual Studio Source Code Language Service. Blogs are in World Book Encyclopedia and that's were I stand not Facebook. Other Apple Project include MkLinux which is here. I bought my Lego Mindstorm and Terminator II T2 Arm movie prop I have to pay the local art depot to put together and might put it on display. Dante's Workshop T800 DIY KIT. More Apple Project include Star Trek, BeOS Inc, and NuKernel. I went back to my Walnut Creek Source Code DVD and found UNZIP. a Operating System Structure. I'm trying to find the Pink Apple and IBM project not the Fuchsia Operating system yet as Google lost to Oracle in court. Me and my cousin paid for my Mac Pro and opened the Gershwin Project in 2025 Which is in the book.
Learning how to use GNUStep from Italy.
Microsoft Willow
In 1984, I went to Sullins academy and stared in two plays famer and the dale and Annie the musical. I now have MS-DOS 6.22 Virtual Machine in Oracle Virtual Box with MKS Toolkit and Code View. I took a DOS class in elementary school in 86'. I cached WinWorld recently. to use Oracle Virtual Box on Windows 11 you need the device readiness tool from Microsoft. I tested as a INTJ in 2000 at TCAT and received my Microsoft Gold Partner Contract. I found a Microsoft Project Willow on GitHub or osFree Janus: Open-Source Windows 3.0 Clone it may be from 92 Academic program called Microsoft Willow. The Win16 Personality is a project to create a free, open-source reimplementation of the 16-bit Microsoft Windows 3.x operating environment. It aims to provide compatibility with Windows 3.0, Windows 3.1, and Windows 3.11 for running classic Win16 applications.
My principals name was Timothy Outlaw and I bought my FreeBSD Walnut Creek in High School and worked in the high school library. I recently ordered Val Kilmer's Movie 'Willow'. I found my Woody Allen movie 'Windows' and 'Annie Hall' and Charles Pezhold Book from '83. I'm a big Woody Allen fan. Annie wants to pay me again I just have to open up a First Citizens account this year I guess it is NY's Annie Moore first immigrant. My aunt Anne Turner lived in NY for 80 years. I pay for my Classmates. I don't want my Facebook or Instagram it's Fraternity. I bought a Integra home theater which now I have IMAX in my house. I'm a frequent customer of the Barter theater in Abingdon, Va
OpenVMS 2026 at Dissident Studios
I'm working a VMS Software in contract and have community corporate access I am trying to set up a IA64 work remote environment for OpenVMS for x86. With the Microsoft Windows Vista SDK IA64 C++ compilers. I've cached bitsavers.org and am now competing with the University of Kent computer mirror service. I'm looking for a eclipse foundation mirror because I have their rsync files. IBM is still failing after all these years. However cached their ftp site and was a good stock pick in 2026. In July went back to Macromedia and Director and found my receipts my step mom stole my Director box before she passed. nothing else just the box.
Beginning to work on finding Director Xtra Source Code and my Discreet Logic 'Finding Nemo' Partner DVD if thing else. Working on Adobe Maven repo for Adobe. Trying to find JavaOS Source Code for Macromedia Director using the Save as Java Xtra. I found MKLinux source code this year a Apple Computer Project and now don't condone Hackintoish's I used in college. I'm working on CMU's projects Andrew and the AI repository. I want the job of the person that emailed me WinLinux in college. I sold my $10K mutual fund in 2017 because of the Microsoft WSL.
I have worked out five devices for the castle. A Common Desktop Environment IBM (FreeBSD) or HP, OpenVMS Server, Apple Computer Mac Pro, Microsoft Windows Enterprise Machine my Unity Render Farm on 48 Cores and 12 GB GPU. and LG Smart TV. From package to production and the Gaming Console's. The computer architecture x86 will be around for about 20 more years Apple is on ARM but uses Rosetta 2 to run x86 apps on ARM. Trying to make it nice for my cousins Anne Hathaway the actress visit our logistics are paid for I paid $4K in 2025. I paid $4k for our first class flight, but we missed it for Christmas of 2025 she what to make it this year. She liked my engineering not my music. I found out she was my cousin after we spoke about grants. if my father would just let me inherit the home; it is five devices. The first time we spoke she we need a bigger place my dads 77. She liked my father's home. Ms. Hathaway is my 4th cousin removed and my DNA Match and I adhere to the Virginia and California privacy acts. I build FreeBSD with bmake every morning after coffee on the Mac Pro. It takes 1 hr on 24 Core I enjoy life on the merry go round.
I've emailed the House of Romanov in Russia with my resume and changed my name legally in court through Family Tree DNA to Jonathan Romanov Moore. I've been doing my equations in my USC COCOMO II book and discovered Cost to Cash is using the Envelope System when Trent Reznor jared my memory about lacing cds sleeves with Ecstasy. Not happiness in slavery anymore, Microsoft and Apple or entertainment industry. I have a appointment with the asset recovery dept soon. My Flash source code model is worth $1.8 million. Working on the trillion dollar question.
I've worked on rutracker in Russia on yandex this year for music updates during the current republican administration and am back to using mp3 tag again from Germany. The Beta archive last on my L7 Shit List before her visit. I'm installing a sourceware build bot on the server.
I'm building a build Microsoft build server. a NT box or emulation.
386i: un386i, SunOS 4.0.2, 3Bx: AT&T 3B2/1000-80; should work on any WE32XXX machine, 7300: AT&T 7300 (M68000/SysV) apollo: Apollo Domain/OS machines, bull: Bull DPX/2, BOS 2.00.45 Coherent 3.10, Mark Williams C, cray_cc: Cray-2 and Y-MP, using default (possibly old) compiler, dec DEC 5820 (MIPS RISC), test version of Ultrix v4.0, encore Multimax eta: ETA-10P, hybrid SysV with BSD 4.3 enhancements, gould: Gould PN9000 running UTX/32 2.1,hp: HP 9000 series (68020), 4.3BSD or HP-UX A.B3.10 Ver D hp_ux: mips: 120-5(?), SysV.3 pyramid: Pyramid 90X, 4.1, BSD universe rtaix: IBM RT 6150 under AIX 2.2.1 sco: Xenix/386 (tested on 2.3.1); SCO Unix 3.2.0. stellar: gs-2000 sun: Sun 3, 4; SunOS 4.x tahoe: tahoe (CCI Power6/32), 4.3BSD, ultrix: VAXen, DEC 58x0 (MIPS guts), DECstation 2100; v4.x vax: general-purpose VAX target (not counting VMS)
Installing GNUStep on FreeBSD 15.0-RELEASE
Installing GNUStep in FreeBSD 15.0 RELEASE
Installing FreeBSD ports
For installing the required ports at first update the ports tree. Us can use portmaster or pkg.
As user root do a:
# portsnap fetch extract update# cd /usr/ports/ports-mgmt/portmaster && make install clean# portsnap fetch update# pkg version -l "<"# portmaster -L
# portmaster -a# portmaster -af
(if some port fails) on a regular basis.
Install bash as root do:
# pkg install bash# pkg install xorg# pkg install gnustepInstalling the Virtual Box Guest Additions port
as root:
# pkg install virtualbox-ose-additionspw groupmod wheel -m gnustep vboxguest_enable="YES"
vboxservice_enable="YES" hald_enable="YES"
dbus_enable="YES"
Reboot or start both services by hand:
/usr/local/etc/rc.d/dbus start
/usr/local/etc/rc.d/hald startInstalling the Window Maker port as root:
# pkg install windowmakerenabling Window Maker
#!/bin/sh
exec wmakerInstalling GNUstep from FreeBSD ports into the System Domain
Installing the necessary tools
# pkg install subversion # pkg install sudo # visudo # %wheel ALL=(ALL) ALLInstalling the GNUstep libraries and framewoks
I've chosen the way of installing the GNUstep ports into the System
domain so I don't need to look after the right dependencies for myself
but let the FreeBSD's port system handle this.
Installing the Objective-C 2 runtime as root:
# pkg install libobjc2 # pkg install gnustep-make # pkg install gnustep-base # pkg install gnustep-gui # pkg install gnustep-back
GNUstep examples are a collection of simple GNUstep apps to guide you into developing for GNUstep.
# portmaster misc/gnustep-examples # portmaster deskutils/systempreferences # portmaster deskutils/gworkspace # portmaster x11/terminal.app # portmaster devel/projectcenter# portmaster devel/gorm $ echo . /usr/local/GNUstep/System/Library/Makefiles/GNUstep.sh >> ~/.profile
$ echo gdnc >> ~/.profile # echo source /usr/local/GNUstep/System/Library/Makefiles/GNUstep.csh >> ~/.cshrc
# echo gdnc >> ~/.cshrc
as root and as gnustep, edit the .xinitrc file:
$ vi ~/.xinitrc #!/bin/sh. /usr/local/GNUstep/System/Library/Makefiles/GNUstep.sh
exec wmaker exec openapp Workspace
$ startx $ mkdir GNUstep-sources
$ cd GNUstep-sources/ $ svn co svn://svn.gna.org/svn/gnustep/trunk .Building libobjc2 (GNUstep Objective-C 2.0 runtime) from source
$ cd ~/GNUstep-sources/modules/dev-libs/libobjc2/ $ CC=clang CXX=clang++ make
$ sudo -E make install $ mkdir Build
$ cd Build/
$ cmake .. -DCMAKE_C_COMPILER=clang -DCMKAE_CXX_COMPILER=clang++
$ make && sudo -E make installBuilding GNUstep make from source
$ cd ~/GNUstep-sources/modules/core/make/
$ ./configure --prefix=/usr/local/GNUstep --with-config-file=/usr/local/GNUstep/GNUstep-trunk.conf --enable-objc-nonfragile-abi --enable-native-objc-exceptions --with-layout=gnustep --enable-debug-by-default CC=clang CXX=clang++
$ sudo -E gmake GNUSTEP_INSTALLATION_DOMAIN=LOCAL install
Don't forget to source GNUstep.sh and make sure this is done on every login:
$ . /System/Library/Makefiles/GNUstep.sh
$ echo . /System/Library/Makefiles/GNUstep.sh >> ~/.profileBuilding GNUstep base from source
$ cd ~/GNUstep-sources/modules/core/base/
$ ./configure --disable-mixedabi CC=clang CXX=clang++
$ gmake && sudo -E gmake GNUSTEP_INSTALLATION_DOMAIN=LOCAL installBuilding GNUstep gui from source
$ cd ~/GNUstep-sources/modules/core/gui/
$ gmake && sudo -E gmake GNUSTEP_INSTALLATION_DOMAIN=LOCAL installBuilding GNUstep back from source
$ cd ~/GNUstep-sources/modules/core/back/
$ gmake -j 8 && sudo -E gmake GNUSTEP_INSTALLATION_DOMAIN=LOCAL installBuilding GNUstep examples
$ cd ~/GNUstep-sources/modules/usr-apps/examples/
$ gmake -j 8 && sudo -E gmake GNUSTEP_INSTALLATION_DOMAIN=LOCAL install $ su -
# portmaster databases/postgresql94-server # portmaster databases/postgresql-odbc # echo postgresql_enable=\"YES\" >> /etc/rc.conf
# /usr/local/etc/rc.d/postgresql initdb
# /usr/local/etc/rc.d/postgresql start $ cd ~/GNUstep-sources/modules/dev-libs/renaissance/
$ gmake -j 8 && sudo -E gmake GNUSTEP_INSTALLATION_DOMAIN=LOCAL install $ cd ~/GNUstep-sources/modules/dev-libs/gdl2/
$ ./configure CC=clang CXX=clang++
$ gmake -j 8 && sudo -E gmake GNUSTEP_INSTALLATION_DOMAIN=LOCAL install $ cd ~/GNUstep-sources/modules/dev-apps/projectcenter/
$ gmake -j 8 && sudo -E gmake GNUSTEP_INSTALLATION_DOMAIN=LOCAL install $ cd ~/GNUstep-sources/modules/dev-apps/gorm/
$ gmake -j 8 && sudo -E gmake GNUSTEP_INSTALLATION_DOMAIN=LOCAL install
That's it for now.
Have fun developing with and for GNUstep!
ACH Payment Instructions
Using Your Bank’s Website
The first way to send an ACH payment is using your bank’s website. The challenge when using your bank’s interface is making sure that you’re entering the right data into the right field because the fields don’t always follow the same order as above.
You’ll need to pay special attention to where to put the unique “Identification Number” that E-File gives you for every payment. It must go in the ID field for the receiver/payee. This field is called different names in different systems. For example, in JP Morgan’s system, the field is called “Beneficiary ID Number” while in Bank of America’s CashPro system the field is called the “Vendor ID” field.
Using Your Accounting System
The second way to send an ACH payments is to enter data into your accounting system. This creates a file in the NACHA format that is transmitted to your bank.
The Identification Number must be put in the NACHA standard for “Entry Detail Record Type Code 6, Field Number 7 – Identification Number.” You may have to get your IT department to identify a specific field in your accounting system that will store the Identification Number and they may also have to update the system to include this number in the right field. If the Identification Number is in the wrong field, your ACH transfer will be rejected.
We recommend dedicating sufficient time to setup this new process as this could take more time than you think, depending on your system.
Tips for Success
- Find out now which field is the correct field for the Identification Number. This could take time if you need to work with your bank or IT department.
- You must include the unique Identification Number for your payment and put it in the correct field or the U.S. Treasury will reject your payment.
- Do not put the Identification Number in the addendum or comments.
- Your bank or your company may require more information to make a transfer, such as USAC’s Federal Employer Identification Number (FEIN). We’ve posted this information in the E-File FAQs, under “Company and Banking Information.” Contact us if you need other information to process a payment.
- Your ACH payment may seem like it processed correctly at first. It can take several days before you receive a rejection notice if your file didn’t contain the required data in the required format.
- Lastly, we recommend you process small ACH payments (such as $1.00) to test this process before the next invoice deadline. All payments will be credited to your account.
2026 Home Network
In 2024-2025 I began home networking again here is what I accomplished.
Here is my Setup
2 Computers on 2024 Mac Pro, One Elite Desk Hewlett Packard 2020 running Microsoft Windows 2019 Enterprise LTSC, LG Smart TV connected to a Comcast Enterprise Cable Modem. via Category 5 Ethernet cable. Sony PlayStation 5, Microsoft Xbox X Series. Nintendo Switch and Switch 2. with about 30 games and 75 movies on Blu-ray. A 50 Terabyte Enclosure. with a Universal Sony Disc Player. The Consoles are connected to a HDMI Switch connected to the Klisph home theater. Biometic Fingerprint reader, and a Bluetooth Logi tech Webcam. LP Record Player. Kodak Pro Camera and JVC Video Capture Equipment and a Xerox Laser Jet Printer and USB Hub and peripherals. I'm connecting a Digital Storm Windows Server to the network in 2026. 100TB Orico Enclosure to hot swap the drives. Final Cut Pro, Virtual Box, Coral Draw Suite with Licensed Macromedia Flash Source Code now in the Computer History Museum. Matlab
I made my own personal Virtual Machine Cluster of Computer History Operating Systems from AT&T System V to Windows Server 2025 about 12 VM's with Source Code and Microsoft Code Center Premium.
.
Nullsoft DJ Software, Cycling 74 Max with Planet CCARMA and a Ableton licensed PX-18 Source Code Gaming Console SDK's, Operating Systems and Development Kits. MSDN Subscription from 1999-2019. Recently bought Office 2024 LTSC, Visual Studio 2026 Enterprise. Windows 10 IoT 2021 Enterprise LTSC. Steinberg Cubase connected to 2 Yamaha Studio Monitors to a Creative Audigy Soudblaster. One Epiphone Les Paul Standard with Princeton Fender Amp and one AKAI 49 Key MIDI Controller and a Avid MBox Studio.
The software running are :
Cornell University's Bio HPC from Microsoft Research.
The price or cost is about $45K from Direct and Amazon.
Morrell Music and Builders First Source Cutris Morrell, Kelly Curtis, and my father were promoter for 8 shows. Including my graduation show in 2013.
Guns N' Roses
My Aunt McGuiness attended the 1988 Aerosmith show and brought back a autograph
Pearl Jam
- Thompson-Boling Arena - Knoxville, Tennssesse, Sept 06, 1998 [attended]
- Assembly Hall, Champaign - IL - April 23rd 2003
- Wachovia Spectrum - Philadelphia, PA, USA 2009
- Copps Coliseum - Hamilton, ON, Canada 2011
- John Paul Jones Arena - Charlottesville, VA October 29th 2013
- Wells Fargo Center, Philadelphia, PA, USA North American Tour 2016
- First Ontario Centre, Hamilton, ON, Canada 2022
- Lenovo Center, Raleigh, NC, USA 2025
In 2016 I tested as a INTJ-T. In 2026 I'm attending the Anne Hathaway premieres of a few movies. I asked her to marry me if I'm rejected for real only copy of the HIV Cure will be destroyed. I'm starting to think if computing industry is all mental health because the only celebrity that answered me on Twitter or X was Anne Hathaway the Actress with a verified social media check. I'm beginning to read the Virginia and California Consumer Privacy law. I paid for her FBI Movie.
I applied to Stanford University to the Graduate School of Mathematics for 2027 admissions. I was denied admissions but told I had a very impressive resume. That I just applied too late. convergent UVa computer science graduate in 2018. I'm starting on ARM computer architecture for 2026. I'm looking for one book in 2026 and investing the rest of my income a VAX to ARM Book to port DEC to ARM.
I built a home studio its registered a Dissident Studios in town.
What did IBM say? "How much room do you need?" and keep it that way!
I would like to thank Mr. Rose for the Terminator show in 91' that mentions Izzy's lisp like mine.
My theory of a cousin in the Actress Anne Hathaway is a beautiful and talented actress. However she needs to understand I did test in the top 2% percentile and don't deserve to be abused by psychiatry and its her choice if she wants to learn computer science. I am related the Charles Darwin. I did get corporate endorsements that made me a celebrity according to personality law. I want her to make a Darwin masterpiece but with me in it. Maybe a small cameo I didn't take acting lessons.
I side with Charles Darwin's Conversions with Mr. Hooker. However immutable presumptions need to to be adaptive. I and making my father's home a 501 organization because I don't believe in taking money from the aging population and money demand. I just don't want to adapt to a changing world in 2029. I side with China. In WWIII as war breaks out over Taiwan. I dream of a simplified Chinese wedding not traditional and bringing castles to America not skyscrapers and am well read in Thomas More's Utopia.
I do not support postmodernism a late 20th-century movement (roughly post-1940s/70s) that arose as a skeptical reaction against modernism and Western philosophical, scientific, and cultural norms
The cash supply isn't backed by gold anymore. My family did not support Nixon. I received the Pell grant for one year but then used a personal account on record. It is the upper class and my family that was robbed maybe by postmodernism and the lose of the the gold standard. I don't support the deceleration of independence. I do no support the colonization of mars as terraforming is impossible on mars.
The Castle may like Microsoft's Software Assurance. 5 or more devices.
Code View for MS-DOS 6.22
Why Windows 2000 and XP Virtual Machines in Vitrual Box are running slow or have a black screen on Windows 10
So, I have changed settings of machine to 1 CPU and 3.5GB RAM
than did:
- memory integrity off
- DeviceGuard via gpedit - off
- regedit - HKEY_LOCAL_MACHINE\SYSTEM\CurrentControlSet\Control\DeviceGuard\Scenarios\SystemGuard - all "0" values
- bcdedit /set hypervisorlaunchtype off
- shutdown -s -t 2
Alias
In Windows XP/2003 Source Kit after you open a razzle window you just need to execute 'alias' and navigate to the project window and build the specified project. with the build utility.
Your trusted source for real estate investing
Get instant Access to Carleton's latest updated NO DOWN PAYMENT profit producing system. This PROVEN "how to" step-by-step system shows you exactly WHAT to do and HOW to do it. It contains everything you'll need to become a successful real estate investor.
I bought Charlton Sheet's No Down Payment Program in 2003 and paid $400 they gave me vouchers not good for cash but good for real real estate I have $2 million in vouchers I'm on Section-8 housing until my dad passes. I would like a new home if the east coast would listen to me and California.
Debate Bill Gates and Charlton Sheets
https://www.mcspotlight.org/debate/workers/messages/2521.html
Build your own SPARC workstation with QEMU and Solaris
"Back in the late 80s and through the 90s, Unix workstations were super powerful, super cool, and super expensive. If you were making 3D graphics or developing applications, you wanted a high-performance workstation and Sun made some of the best ones. But unless you worked for a huge company, university, or government, they were probably too expensive.
More than twenty years later, we have much more powerful and
affordable computers, so let's emulate the old systems and see what it
was like to run some of the coolest computers you could buy in the 90s".
https://learn.adafruit.com/build-your-own-sparc-with-qemu-and-solaris?view=all
Installing X-Windows and Motif
#pkg install xorg#pkg install open-motif#pkg install xlm #pkg install xdm #pkg installdrm-515-kmod
#kldload i915kms$ echo "mwm" > ~/.xinitrc
$ startx https://wiki.freebsd.org/Graphics The book uses Solaris UNIX 2.5 There are the mwm, fwm, twm fvwm95 for the Windows 95 look andfeel.. UNIX® Certified Products
"The Open Group UNIX standards offer the most stable, portable and
cost-effective applications development environment for a wide range of
platforms from mobile devices to mainframes. For end-user enterprises,
procuring certified UNIX systems ensures the highest level of
availability, scalability, and maintainability for those who want to
focus on their business with confidence in their IT.
UNIX certification is a trusted and open system industry standard,
ensuring that products conform to the most exacting criteria for
portability, compatibility, and global interoperability. This enables
buyers to specify UNIX conformance in procurement's, facilitates Boundary less Information Flow™, and enhances the perception of the UNIX
system as a consistently stable, flexible, and reliable operating
system."
Xinuos Sues IBM and Red Hat for Antitrust Violations and Copyright Infringement, Alleges IBM Has Been Misleading its Investors Since 2008
ST. THOMAS, U.S. Virgin Islands, March 31, 2021 /PRNewswire/ -- Xinuos, Inc., a software company headquartered in the U.S. Virgin Islands that provides commercial customers with server operating systems, today filed a copyright infringement and antitrust lawsuit against International Business Machines Corp. ("IBM") and Red Hat, Inc. ("Red Hat") in the United States District Court of the Virgin Islands, St. Thomas and St. John Division. Xinuos alleges that IBM and Red Hat, using wrongfully copied software code, have engaged in additional, illegal anti-competitive misconduct to corner the billion-dollar market for Unix and Linux server operating systems.
"While this case is about Xinuos and the theft of our intellectual property," said Sean Snyder, President and CEO of Xinuos. "It is also about market manipulation that has harmed consumers, competitors, the open-source community, and innovation itself."
According to the complaint, at their peak, Xinuos' operating systems were the most widely-used operating systems in the Unix/Linux server operating system market. Xinuos' UnixWare 7 and OpenServer 5 and 6 server operating systems were popular because they were stable, reliable, and easy to manage. Xinuos alleges that in or around this time, IBM's server operating systems were declining in popularity and new entrants to the market, such as Red Hat, were gaining market share and threatening IBM's server operating system business, its underlying business selling server hardware, as well as related software and services.
Xinuos' complaint alleges that IBM then took unlawful steps to improve its market position and safeguard its business from competition:
"First, IBM stole Xinuos' intellectual property and used that stolen property to build and sell a product to compete with Xinuos itself. Second, stolen property in IBM's hand, IBM and Red Hat illegally agreed to divide the relevant market and use their growing market powers to victimize consumers, innovative competitors, and innovation itself. Third, after IBM and Red Hat launched their conspiracy, IBM then acquired Red Hat to solidify and make permanent their scheme."
The complaint further alleges that IBM has been misleading its investors about its rights to use Xinuos' code for more than a decade:
"IBM has made demonstrably and materially misleading statements in securities filings about its ownership interest in the Code. In every annual report filed with the SEC since 2008, IBM has represented that a third-party owns all of the UNIX and UnixWare copyrights, and that this third-party has waived any infringement claim against IBM. These self-serving representations are demonstrably false and misleading to investors and potential asset purchasers."
The complaint also details IBM's and Red Hat's alleged conspiracy, summarizing it as follows:
"Thereafter, IBM and Red Hat…divided the market for enterprise clients to protect IBM's precious high-end server, software, and services business, they promoted each other's operating system products, and they granted each other special technical access and abilities that were not made generally available and from which Xinuos and others were specifically excluded. These bad acts continue to this day."
Xinuos alleges that the IBM and Red Hat conspiracy has harmed the open-source community and specifically Xinuos' OpenServer 10 product, which is based on FreeBSD, an open-source UNIX-based operating system and alternative to Red Hat's Linux-based open-source operating system, RHEL. "By dominating the Unix/Linux server operating system market, competing open-source operating systems, like our FreeBSD-based OpenServer 10, have been pushed out of the market," said Snyder. "This prevents developers and consumers from receiving the benefits that these products have to offer."
Xinuos asserts claims under the copyright infringement provisions of 17 U.S. Code §101, the Sherman Antitrust Act, the Clayton Antitrust Act, the Virgin Islands Antimonopoly Law, and Virgin Islands Unfair Competition and Unjust Enrichment common law. Xinuos has asked for both monetary damages and injunctive relief.
About Xinuos, Inc.
Xinuos provides commercial customers with operating systems that are reliable, dependable, and secure for mission-critical applications that demand rock-solid performance. The Xinuos general-purpose operating systems are on pace with hardware and software industry advances and are designed to power any size business that requires stability, reliability, and scalability. Learn more at www.xinuos.com.
Contact:
Simone Jackenthal
SJackenthal@tridentdmg.com
(202) 923-5296
SOURCE Xinuos
My So-Called Code Center Priemium
I have had my Symbols since 1997 and NT 4.0 and accumulating up to Windows 10. Until the Windows Installer Service just wasn't strong enough to install all the debug symbols that you would have to retrieve it from the symbol store at Microsoft. if you have all your debug symbols you can set up a private symbol server and work with debug help to retrieve the source files from the servers using the DIA SDK and the Debug Help API. Really it is up to the partners to make a dbghelp solution if they haven't already I might have a older one in my files. If I do I'll put it on my GitHub. Corporate has a supply chain. Microsoft needs to work on their Component Source relationship. I own Sparx Systems stock from Australia. I paid for my Code Jock Suite Pro 98.
https://github.com/sharedsourceinitiative/Debugging-Code-Center-Premium
https://learn.microsoft.com/en-us/windows/win32/api/dbghelp/
https://learn.microsoft.com/en-us/windows/win32/api/dbghelp/nf-dbghelp-symgetsourcefile
Using SymChk
The basic syntax for SymChk is as follows:
FileNames specifies one or more program files whose symbols are needed. If FileNames is a directory and the /r flag is used, this directory is explored recursively, and SymChk will try to find symbols for all program files in this directory tree. SymbolPath specifies where SymChk is to search for symbols.
There are many more command-line optinos. For a full listing, see SymChk Command-Line Options.
The symbol path specified can include any number of local directories, UNC directories, or symbol servers. Local directories and UNC directories are not searched recursively. Only the specified directory and a subdirectory based on the executable's extension are searched. For example, the query
will search g:\mysymbols and g:\mysymbols\sys.
You can specify a symbol server by using either of the following syntaxes as part of your symbol path:
srv*\\Server\Share
This is very similar to using a symbol server in the debugger's symbol path. For details on this, see Using Symbol Servers and Symbol Stores.
If a downstream store is specified, SymChk will make copies of all valid symbol files found by the symbol server and place them in the downstream store. Only symbol files that are complete matches are copied downstream.
SymChk always searches the downstream store before querying the symbol server. Therefore you should be careful about using a downstream store when someone else is maintaining the symbol store. If you run SymChk once and it finds symbol files, it will copy those to the downstream store. If you then run SymChk again after these files have been altered or deleted on the symbol store, SymChk will not notice this fact, since it will find what it is looking for on the downstream store and look no further.
Note SymChk always uses SymSrv (Symsrv.dll) as its symbol server DLL. On the other hand, the debuggers can choose a symbol server DLL other than SymSrv if one is available. (SymSrv is the symbol server included in the Debugging Tools for Windows package.)
Examples
Here are some examples. The following command searches for symbols for the program Myapp.exe:
SYMCHK: Myapp.exe FAILED - Myapp.pdb is missing
SYMCHK: FAILED files = 1
SYMCHK: PASSED + IGNORED files = 0
You can try again with a different symbol path:
SYMCHK: FAILED files = 0
SYMCHK: PASSED + IGNORED files = 1
The search was successful this time. If the verbose option is not used, SymChk will only list files for which it failed to find symbols. So in this example no files were listed. You can tell that the search succeeded because there is now one file listed in the "passed" category and none in the "failed" category.
A program file is ignored if it contains no executable code. Many resource files are of this type.
If you prefer to see the file names of all program files, you can use the /v option to generate verbose output:
SYMCHK: MyApp.exe PASSED
SYMCHK: FAILED files = 0
SYMCHK: PASSED + IGNORED files = 1
The following command searches for a huge number of Windows symbols in a symbol server. There are a great variety of possible error messages:
Taken from the MSDN Library
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