In a move aimed to prevent fines stemming from its antitrust lawsuit filed by the European Commission (EC), Microsoft announced that it will be releasing portions of the source code to its Windows operating system.
The EC ruled in March 2004 that Microsoft had abused its position in the low-end server and media player market, and required that Microsoft “disclose complete and accurate interface documentation which would allow non-Microsoft work group servers to achieve full interoperability with Windows PCs and servers”. Microsoft reacted by making available 12,000 pages of technical documentation and up to 500 hours of technical support, but the EC came to the conclusion that it was not enough.
Announcing that “we are putting our most valuable intellectual property on the table so we can put technical compliance issues to rest”, Microsoft General Counsel Brad Smith asserted that Microsoft would be superseding the EC’s requirements as a sign of good faith. “While we are confident that we are presently in full compliance with the Decision, we wish to dispel any notion that Microsoft’s technical documents are insufficient”, said Smith.
A Microsoft office at the Redmond Campus
The EC responded in a memo that it will study Microsoft’s reply to the Statement of Objections once it receives the full details. However, EC Competition Commissioner spokesman Jonathan Todd commented that “it would be premature to conclude access to the source code would resolve the problem of the lack of compliance with our decision.”
A similar offer was made by Microsoft in August 2002 during its antitrust lawsuit filed by the United States Department of Justice and several states’ Attorneys General. The resulting “Microsoft Communications Protocols Program” had suffered continuous criticism regarding excessive cost, paperwork, and non-disclosure agreements. It is unclear at this time if Microsoft’s planned “Work Group Server Protocol Program” will suffer from the same issues if accepted by the EC.
Microsoft is expected to return to the EC courts in April.
This exclusive interview features first-hand journalism by a Wikinews reporter. See the collaboration page for more details.
Friday, November 3, 2006
On November 13, Torontoians will be heading to the polls to vote for their ward’s councillor and for mayor. Among Toronto’s ridings is Eglinton—Lawrence (Ward 16). Two candidates responded to Wikinews’ requests for an interview. This ward’s candidates include Steven Bosnick, Charm Darby, Albert Pantaleo, Yigal Rifkind, Karen Stintz (incumbent), and Steve Watt.
Kent Hovind‘s motion for acquittal was denied on Wednesday, April 18, 2007. Hovind, a Pensacola young Earth creationist and operator of Dinosaur Adventure Land, along with his wife, Jo Hovind, were found guilty in November 2006 on 58 federal counts of “willful failure” to payroll taxes, structuring bank withdrawals, and obstructing federal agents.
On January 19, 2007 Kent was sentenced to ten years in prison and ordered to pay US$640,000 in owed funds to the Internal Revenue Service, pay prosecution’s court costs of $7,078, and serve three years parole once released.
In his motion, Hovind had contended that under the rule in a case called United States v. Davenport the crime is not the individual withdrawals, but is instead the total transaction, also known as the “unit of the crime.” Thus, Hovind argued that in his case there was no “unit of the crime” “separate and distinct from the alleged act of withdrawing, and without such a separate amount to be structured [. . .] there could be no crime alleged, and no conviction on any charge in Counts 13 through 57.” The trial court rejected Hovind’s “unit of the crime” argument.
Had the judge ruled in Hovind’s favor his sentence would have reduced Hovind’s prison sentence from ten years to five years.
Jo Hovind sentencing was delayed pending the ruling on the motion. She will be sentenced soon though no date has been set.
Microsoft announced on Thursday they are partnering with KIND Financial to help governments track the production and distribution of legal marijuana. Kind Financial, a California-based start-up company, began selling its Agrisoft Seed to Sale software three years ago. Microsoft is admitting Kind’s software on the Government portion of its Azure cloud service.
Although Kind Financial CEO David Dinenberg stressed to The Guardian they “absolutely do not touch the plant”, his company does business with growers and distributors of marijuana, as well as the governments that regulate it. State law in twenty-five US states — but not US federal law — has legalized marijuana, whether medicinally or for recreational use. Kimberly Nelson, Microsoft executive director of state and local government solutions, said they expect significant demand for technology to help states make sure cannabis distribution within their state is done according to their laws.
Kind also provides kiosks similar to automated tellers (ATMs) to facilitate marijuana transactions in dispensaries. The distribution of marijuana is often done only with cash or through machines like the ones Kind offers since many banks in the United States shy away from the marijuana industry entirely. Microsoft is not interacting with this part of Kind’s operations, however.
Microsoft and Kind will apply for contracts with state governments for their software. Currently, they have applied to Puerto Rico, a US territory, where medical marijuana has recently been made legal. BioTrackTHC, a company similar to Kind Financial, already has contracts with Washington, New Mexico, and Illinois.
Dinenberg said his company’s partnership with Microsoft is a major step in advancing the legitimacy of cannabis-related businesses.
The protest is an industrial action over tighter fishing quotas imposed by the European Union, with French fishing unions asking for their government to provide financial assistance or take a tougher line. CFTC Fishermans Union spokesman Bruno Dachicourt told Agence France Presse: “There are easily twenty boats blocking the port of Boulogne-sur-Mer in organized ranks. Not a boat will go in nor out.”
The fishermen are protesting the lowering of European Union quotas on fishing, which place a ceiling on the amount of fish that the fishermen of each member country are allowed to catch and sell. The EU has lowered quotas in response to concerns about the sustainability of fisheries, but each drop in quota reduces the amount of work each fishing vessel can do. “The feeble amount of the quota obliges us to close the fishing zones three months after the beginning of the catch”, said Stéphane Pinto, spokesman for the CFDT trade union group representing fishermen in Boulogne.
Ferry sailings between Dover in the United Kingdom and Calais were suspended, with UK authorities implementing the Operation Stack management plan in response. Under the plan sections of the M20 motorway are closed to traffic and used as a managed lorry park. Motorists have been advised to seek alternative routes if possible. Most cars and passengers from the P&O Calais-Dover sailings at 16.10 (apparently the first sailing affected), 17.40 and 18.25 left on the “Pride of Dover” at 11.47 arriving Dover at 12.30. Two SeaFrance ferries, Renoir and another, left slightly earlier.
Fishermen have also used fires and roadblocks to interfere with access to the ports by road.
The blockades come eight days after a similar incident in the Mediterranean, when French fishermen in Marseille, Ajaccio, Toulon and other port cities interfered with oil tanker movements and blockaded ports throughout the south of the country.
Wikinews is unaware of any official statement from the British or French Governments in response to the blockade.
Viktor Schreckengost, the father of industrial design and creator of the Jazz Bowl, an iconic piece of Jazz Age art designed for Eleanor Roosevelt during his association with Cowan Pottery died yesterday. He was 101.
Schreckengost was born on June 26, 1906 in Sebring, Ohio, United States.
In 2000, the Cleveland Museum of Art curated the first ever retrospective of Schreckengost’s work. Stunning in scope, the exhibition included sculpture, pottery, dinnerware, drawings, and paintings.
The Kennedy Center announced that its 30th presentation of the Kennedy Center Honors would go to pianist Leon Fleisher, comedian Steve Martin, singer Diana Ross, director Martin Scorsese and musician Brian Wilson. The Center was opened to the public in 1971 and was envisioned as part of the National Cultural Center Act, which mandated that the independent, privately-funded institution would present a wide variety of both classical and contemporary performances, commission the creation of new artistic works, and undertake a variety of educational missions to increase awareness of the arts.
In a statement, Kennedy Center Chairman Stephen A. Schwarzman said that “with their extraordinary talent, creativity and perseverance, the five 2007 honorees have transformed the way we, as Americans, see, hear and feel the performing arts.”
Film director Martin Scorsese is among the honorees.photo: David Shankbone
Fleisher, 79, a member of the Peabody Institute‘s music faculty, is a pianist who lost use of his right hand in 1965 due to a neurological condition. He became an accomplished musician and conductor through the use of his left hand. At 67, he regained the use of his right hand. With the advent of Botox therapy, he was once more able to undertake two-hand performances in 2004, his first in four decades. “I’m very gratified by the fact that it’s an apolitical honor,” Fleisher said. “It is given by colleagues and professional people who are aware of what [an artist] has done, so it really is apolitical — and that much more of an honor.”
Martin, 62, a comedian who has written books and essays in addition to his acting and stand-up comedy career, rose to fame during his work on the American television program Saturday Night Live in the 1970’s. Schwarzman praised his work as that of a “renaissance comic whose talents wipe out the boundaries between artistic disciplines.” Martin responded to the honor saying, “I am grateful to the Kennedy Center for finally alleviating in me years of covetousness and trophy envy.”
Ross, 63, was a product of Detroit‘s Brewster-Douglass Projects when as a teeager she and friends Mary Wilson and Florence Ballardis formed The Supremes, a ground-breaking Motown act. She portrayed singer Billie Holiday in the 1972 film Lady Sings the Blues, which earned her an Oscar nomination and a Golden Globe award. “Diana Ross’ singular, instantly recognizable voice has spread romance and joy throughout the world,” said Schwarzman. Ross said she was “taken aback. It is a huge, huge honor and I am excited to be in this class of people.”
Scorsese, 64, is one of the most accomplished directors the United States ever produced, whose work includes Mean Streets, Taxi Driver, GoodFellas, Cape Fear, The Last Temptation of Christ and The Departed, for which he won a 2006 Academy Award for Best Director after being nominated eight times. Scorsese said, “I’m very honored to be receiving this recognition from the Kennedy Center and proud to be joining the company of the very distinguished individuals who have received this honor in years past.”
Wilson, 65, along with his brothers Dennis and Carl, formed the Beach Boys in 1961. They had a series of hits that included “Surfin’ U.S.A.” and “Wouldn’t It Be Nice.” Their 1966 album Pet Sounds is considered one of the most influential recordings in American music. “This is something so unexpected and I feel extremely fortunate to be in the company of such great artists,” said Wilson, who is currently on tour.
A review this week by Wikinews of US Consumer Financial Protection Bureau (CFPB) complaints about mortgages in the United States shows Bank of America leads all lending institutions in complaints.
Since mortgages complaints were recorded in December 2011, 77,622 total have been added to CFPB’s database. 29.2% of these complaints involved Bank of America, with the second most received by Wells Fargo, accounting for 15.5% of all complaints. JPMorgan Chase ranked third by volume of complaints with 9.8%. Ocwen was fourth with 8.7% and Citibank was fifth with 4.8%. Nationstar Mortgage; Green Tree Servicing, LLC; HSBC; PNC Bank; U.S. Bancorp; OneWest Bank; SunTrust Bank; Flagstar Bank; and Select Portfolio Servicing, Inc. each had between 1.0 and 3.8% of total complaints. The remaining 14.4% of all complaints about consumer mortgages were divided between about 530 other lending institutions.
The Motley Fool reported last month that for the past fiscal quarter, the biggest US based mortgage lenders were from first to fifth Wells Fargo, JPMorgan Chase, Bank of America, Quicken Loans and U.S. Bancorp.
According to the US Federal Reserve, debt for family residences stands at US$10.706 trillion for the second quarter of 2013. As of the end of June of this year, Bank of America is the United States’s second largest commercial bank with US$1.343 trillion in domestic assets. Wells Fargo is the fourth largest commercial bank with US$1.251 trillion in domestic assets. JPMorgan Chase is the largest US commercial bank with US$1.329 trillion in domestic assets and US$1.947 trillion in total assets.
The mortgage complaints in the CFPB report include several subproducts. Conventional fixed mortgages account for 27.1% of all complaints. Conventional adjustable mortgages account for 10.0%. FHA mortgages account for 7.7% of all complaints. Home equity loans or lines of credit account for 3.8% of all complaints. VA mortgages are 1.4% of all complaints. Second mortgages and reverse mortgages each account for 0.6% of complaints. The remaining 48.7% of complaints are about other mortgages or other mortgage issues. A few years ago, FHA loans accounted for about 10% of all US mortgages while VA loans accounted for about 3%. Prime loans accounted for over 75% of the market and the rest were subprime mortgages.
Total complaints against mortgage companies by state Image: Laura Hale.
California leads all states by volume of complaints with 14768. It is followed by Florida, New York, Georgia and Texas. When complaints are divided by a state’s total population, New Hampshire leads. The state is followed by Washington D.C., Maryland, Georgia and Florida. Complaints do not correlate with national rankings for August’s foreclosure rate by state where Nevada topped the list, followed by Florida, Ohio, Maryland and Delaware.
Two zip codes account for over 1,000 total complaints between them. 565 complaints originated in the 48382 zip code, which is in Commerce Township, Michigan, located in suburban Detroit. 553 complaints originated in the 33071 zip code, in Coral Springs, Florida. According to real estate website Zillow, there are currently 1,033 properties in foreclosure in Coral Springs while Commerce Township only has 131 properties currently in foreclosure. Four other zip codes have 100 plus complaints originating from them. 91730, in Rancho Cucamonga, California, had 158 complaints. 33409, in West Palm Beach, Florida, had 132. 92626, in Costa Mesa, California, had 125 complaints. 92660, in Newport Beach, California, had 122 complaints. Respectively, the towns had 534, 1,068, 153, and 134 properties currently in foreclosure. These numbers are higher than for the cities of a few sampled zip codes where there was only one complaint, such as Gold Hill, Oregon which has 4 properties in foreclosure, and Decatur, Illinois which has 6 properties in foreclosure.
For the top 5 lenders by volume of complaints, the percentage of complaint types against them. Image: Laura Hale.
The CFPB categorizes complaints into six categories: “Loan modification, collection,foreclosure” or problems when a person is unable to pay; “Loan servicing, payments, escrow account” or problems with making a payment; “Application, originator, mortgage broker”; “Credit decision / Underwriting”; “Settlement process and costs”, and “Other”. The CFPB says the complaint types indicate consumers “appear to be driven by a desire to seek agreement with their companies on foreclosure alternatives. The complaints indicate that consumer confusion persists around the process and requirements for obtaining loan modifications and refinancing, especially regarding document submission timeframes, payment trial periods, allocation of payments, treatment of income in eligibility calculations, and credit bureau reporting during the evaluation period.” Currently, 59.6% of all complaints against lenders deal with being unable to pay. 25.1% deal with problems in making a payment. 7.0% have to do with the application process.
Of the complaint-heavy zip codes, for 48382 in Commerce Township, Michigan, 98.9% of all complaints have to deal with being unable to pay. Accounting for 23.4% of all mortgage complaints in Commerce Township, 132 of the complaints for being unable to pay were made regarding Bank of America, accounting for 97.8% or all but 3 complaints against them from the zip. 121 of the Bank of America responses in Commerce Township were closed with explanation and 12 were closed with non-monetary relief. 33071 in Coral Springs is different, with 537 of the 553 complaints being categorized under other. Only 11 complaints relate to foreclosure and issues with being able to pay. 92626 in Costa Mesa, where 32% of the mortgage complaints were about Bank of America and 26.4% were about Wells Fargo, had 93.6% of its complaints dealing with being unable to pay. 5 total complaints dealt with payment issues and 3 dealt with applications.
Beyond regional variance in complaint types lodged, the top five mortgage lenders by volume of complaints all had being unable to pay as their top complaint category, ranging between 55.8% for Citibank and 69.4% for Bank of America. Problems with payment accounted for the second largest area of complaints, with Ocwen having the largest percentage of complaints at 31.9% and Bank of America having the smallest at 18.8%. Foreclosure was the top area of complaints for a number of other lending institutions including 1st Alliance Lending, OneWest Bank, Ally Bank, Banco Popular de Puerto Rico, Bank of the West, BMO Harris, BOK Financial Corp, Caliber Home Loans, Inc, Capital One, Deutsche Bank and EverBank.
By state complaints against mortgage lenders by monthImage: Laura Hale.
Nationally, complaints reached a high of 5,840 for January 2013, 1,107 more than the next highest month of April 2013. The total emerging for September is the second lowest since records were first kept in December 2011. On a state by state level, this pattern largely repeats with a major exception for Florida which saw a peak of 849 complaints in June 2012. Then, as now, Florida was one of the top five states in the nation in its foreclosure rate. The national January spike came as the Qualified Mortgage standard required by the The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 came into play. It required mortgage lenders to take steps to insure borrowers could repay their mortgages.
Bank of America’s complaint volume follows the national trend, with a spike in January 2013 with 1,925 total complaints. Unlike nationally, the next month by volume of complaints was February of this year with 1,598 complaints. Prior to that, the highest month was May 2012 with 1,418 complaints. The lowest volume of complaints is September this year with 334.
Wells Fargo matched national trends for volume of complaints by month, with the exception of the current month being the lowest on record for number of complaints with 197 compared to the next lowest month, December 2011, when they had 221. JPMorgan’s complaint volume by month spiked in January and March of this year with 504 complaints. April of this year was the next highest month with 493 complaints, edging out May of last year with 488 complaints. September this year is on track to be the lowest month by complaint volume.
The federal government shutdown is unlikely to impact the current mortgage situation in the United States directly for most consumers, though mortgage processing by the Federal Housing Administration could be slower, resulting in fewer mortgages processed.
The Provisional Irish Republican Army, in a statement released earlier today (in one form as a DVD, with the statement being read by Séanna Breathnach), has declared that it intends to end its campaign of violence and decommission its weapons.
The move comes after international pressure to decommission weapons and cease all violent activity, particularly after allegations regarding the murder of Robert McCartney in Short Strand, Belfast, and a burglary of the Northern Bank in December of last year.
Members have been ordered to dump all arms and cease all paramilitary activity as of 16.00 BST (15.00 UTC) today, and the organisation’s leadership states that it will pursue its aims through exclusively peaceful means. The statement reaffirms the IRA’s view that its “armed struggle was entirely legitimate” as a means of pursuing the organisation’s goal of a united Ireland, but states that many suffered during this conflict and that society is now compelled to build a lasting peace.
In its statement the IRA also appealed to the British government and Northern Irish Protestants to renew negotiations with them.
Reaction to the statement has been mixed.
“I think it has all the clarity that people have looked for this past 12 months. Of course there are lots of other issues in the peace process, which we have to continue to build on and build confidence on” — Bertie Ahern, Taoiseach (Irish Prime Minister)
“This may be the day when finally, after all the false dawns and dashed hopes, peace replaced war, politics replaces terror on the island of Ireland. […] It is what we have striven for and worked for throughout the eight years since the Good Friday Agreement.” — Tony Blair, Prime Minister of the United Kingdom
“For the first time we have heard directly from the IRA not Sinn Fein that henceforward they are going to adopt peaceful means in seeking their political objectives” — Peter Mandelson, European Union Commissioner, former Northern Ireland Secretary
“11 years after the first IRA ceasefire these are the words that we needed and wanted to hear.” — Alex Attwood, SDLP
“I know there have been some who have been sceptical about whether republicans, the IRA in particular, were really interested in this process. I think today’s statement shows that they are. The IRA doesn’t have to do this. It is only doing this to try and give some assurance to those who are nervous or who are genuinely concerned. The IRA is not just stretching itself. It is actually overstretching itself to try to bring about the restoration of the peace process.” — Gerry Adams, Sinn Fein President
The leadership of Óglaigh na hÉireann has formally ordered an end to the armed campaign. This will take effect from 4pm this afternoon.
All IRA units have been ordered to dump arms. All Volunteers have been instructed to assist the development of purely political and democratic programmes through exclusively peaceful means. Volunteers must not engage in any other activities whatsoever.
The IRA leadership has also authorised our representative to engage with the IICD to complete the process to verifiably put its arms beyond use in a way which will further enhance public confidence and to conclude this as quickly as possible.
We have invited two independent witnesses, from the Protestant and Catholic churches, to testify to this.
The Army Council took these decisions following an unprecedented internal discussion and consultation process with IRA units and Volunteers.
We appreciate the honest and forthright way in which the consultation process was carried out and the depth and content of the submissions. We are proud of the comradely way in which this truly historic discussion was conducted. The outcome of our consultations show very strong support among IRA Volunteers for the Sinn Féin peace strategy.
There is also widespread concern about the failure of the two governments and the unionists to fully engage in the peace process. This has created real difficulties. The overwhelming majority of people in Ireland fully support this process. They and friends of Irish unity throughout the world want to see the full implementation of the Good Friday Agreement.
Notwithstanding these difficulties our decisions have been taken to advance our republican and democratic objectives, including our goal of a united Ireland. We believe there is now an alternative way to achieve this and to end British rule in our country. It is the responsibility of all Volunteers to show leadership, determination and courage. We are very mindful of the sacrifices of our patriot dead, those who went to jail, Volunteers, their families and the wider republican base. We reiterate our view that the armed struggle was entirely legitimate.
We are conscious that many people suffered in the conflict. There is a compelling imperative on all sides to build a just and lasting peace.
The issue of the defence of nationalist and republican communities has been raised with us. There is a responsibility on society to ensure that there is no re-occurrence of the pogroms of 1969 and the early 1970s. There is also a universal responsibility to tackle sectarianism in all its forms.
The IRA is fully committed to the goals of Irish unity and independence and to building the Republic outlined in the 1916 Proclamation.
We call for maximum unity and effort by Irish republicans everywhere.
We are confident that by working together Irish republicans can achieve our objectives. Every Volunteer is aware of the import of the decisions we have taken and all Óglaigh are compelled to fully comply with these orders.
There is now an unprecedented opportunity to utilise the considerable energy and goodwill which there is for the peace process. This comprehensive series of unparalleled initiatives is our contribution to this and to the continued endeavours to bring about independence and unity for the people of Ireland.
Viktor Schreckengost, the father of industrial design and creator of the Jazz Bowl, an iconic piece of Jazz Age art designed for Eleanor Roosevelt during his association with Cowan Pottery died yesterday. He was 101.
Schreckengost was born on June 26, 1906 in Sebring, Ohio, United States.
In 2000, the Cleveland Museum of Art curated the first ever retrospective of Schreckengost’s work. Stunning in scope, the exhibition included sculpture, pottery, dinnerware, drawings, and paintings.