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My generally agnostic position notwithstanding, I'm of the general
opinion that the only way to beat clever capitalists is to be more
clever than they are.
It would be great if everyone could play together nicely all the time;
but they don't. We can pine away for the day when innovation and
discovery is owned by all, but that is not the reality we live in today.
Today is the world where IP is worth more than gold.
So the trick to beating MS is not large fines from the Govt. It is
belly up to the table and throw your chips in.