UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________________________________
`
`HP INC.; DELL TECHNOLOGIES INC.; DELL INC.;
`ASUSTEK COMPUTER INC.; and ASUS GLOBAL PTE. LTD.,
`Petitioner
`
`v.
`
`LITL LLC,
`Patent Owner
`
`____________________
`
`IPR2024-00404
`U.S. Pat. No. 8,624,844
`
`
`DECLARATION OF JACKOB BEN-EZRA
`
`
`
`
`HP Inc. - Exhibit 1034 - Page 1
`
`

`

`Declaration of Jackob Ben-Ezra
`
`I Jackob Ben-Ezra, declare as follows:
`
`1.
`
`I am an attorney at DLA Piper LLP (US). I am familiar with the facts
`
`set forth herein. If called as a witness in this proceeding, I could and would
`
`competently testify to all facts within my personal knowledge except where stated
`
`upon information and belief.
`
`2.
`
`Attached hereto as Exhibit 1 is a true and correct copy of a record for
`
`copyright Registration No. TX0006158941 dated April 27, 2005, which I
`
`downloaded from the U.S. Copyright Office website (www.copyright.gov) on
`
`January 18, 2024, for the book titled Windows XP Pro: The Missing Manual (2nd
`
`Edition), by David Pogue. The copyright registration record states that the book
`
`was published November 23, 2004 and has 689 pages (which matches the last
`
`native page number in EX1007).
`
`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of an Amazon
`
`webpage for the book titled Windows XP Pro: The Missing Manual (2nd Edition),
`
`by David Pogue and identified by ISBN-13: 978-0596008987/ISBN-10:
`
`0596008988 (the same ISBN numbers on rear cover of EX1007), which I visited
`
`on January 11, 2024. Toward the bottom of the webpage is an option to see
`
`customer reviews. When I clicked “See more reviews” I sorted all customer
`
`reviews by “Most recent,” populating four pages of web reviews. Attached hereto
`
`
`
`
`2
`
`HP Inc. - Exhibit 1034 - Page 2
`
`

`

`as Exhibit 3 are true and correct copies of four webpages of Amazon.com reviews
`
`(which prints out to 17 pages). These four webpages contain 38 user reviews of
`
`the book, of which 14 are dated before April 1, 2008 and 13 are dated before April
`
`1, 2007. The earliest review is dated January 15, 2003.
`
`4.
`
`Attached hereto as Exhibit 4 is a true and correct copy of the
`
`Amazon.com webpage for the book titled Windows XP Pro: The Missing Manual
`
`(2nd Edition), by David Pogue Pogue and identified by ISBN-13: 978-
`
`0596008987/ISBN-10: 0596008988, with a capture date of January 4, 2007, which
`
`I obtained from Archive.org on January 11, 2024. This webpage shows a link,
`
`“Add to Shopping Cart,” indicating the book was for sale. This webpage also
`
`contains six user reviews of the book, all dated before the capture date, January 4,
`
`2007.
`
`5.
`
`Attached hereto as Exhibit 5 is a true and correct copy of the O’Reilly
`
`Media Inc.’s Catalog webpage for the book titled Windows XP Pro: The Missing
`
`Manual (2nd Edition), by David Pogue and identified by ISBN-10: 0596008988,
`
`with a capture date of July 28, 2006, which I obtained on January 22, 2024. The
`
`webpage contains a section called “Reader Reviews From Amazon (Ranked by
`
`‘Helpfulness’),” which includes a quote from a review with an accompanying date
`
`of “March 2004.”
`
`
`
`
`3
`
`HP Inc. - Exhibit 1034 - Page 3
`
`

`

`6.
`
`Attached hereto as Exhibit 6 is a true and correct copy of an article
`
`and supporting images from CNET’s news.com.com website titled “The $100
`
`laptop moves closer to reality”. The article has a capture date of October 19, 2005
`
`and the images have a capture date of October 13, 2005, both of which I obtained
`
`from Archive.org on January 16, 2024.
`
`7.
`
`Attached hereto as Exhibit 7 is a true and correct copy of a magazine
`
`article entitled “Your Next Operating System,” from PC Magazine, dated
`
`September 26, 1995.
`
`I declare under the penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct. I understand that willful false
`
`statements are punishable by fine or imprisonment or both (18 U.S.C. § 1001).
`
`Executed on January 24, 2024 in Houston, Texas.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Jackob Ben-Ezra/
`
` Jackob Ben-Ezra
`
`
`
`
`4
`
`HP Inc. - Exhibit 1034 - Page 4
`
`

`

`EXHIBIT 1
`EXHIBIT 1
`
`HP Inc. - Exhibit 1034 - Page 5
`
`

`

`1/18/24, 3:21 PM
`
`WebVoyage Record View 1
`
`Try the Copyright Public Records System (CPRS) pilot with enhanced search features and filters.
`
`Public Catalog
`
` Copyright Catalog (1978 to present) at DC4
`Search Request: Left Anchored Title = windows xp pro
`Search Results: Displaying 1 of 80 entries
`
`
`
`Windows XP Pro : the missing manual / David Pogue, Craig Zacker and L. J....
`
`Type of Work: Text
`Registration Number / Date: TX0006158941 / 2005-04-27
`Title: Windows XP Pro : the missing manual / David Pogue, Craig Zacker and L. J. Zacker.
`Edition: 2nd ed.
`Imprint: Sebastopol, CA : O’Reilly, c2004.
`Description: 689 p.
`Copyright Claimant: Pogue Press
`Date of Creation: 2004
`Date of Publication: 2004-11-23
`Previous Registration: Prev. reg.
`Basis of Claim: New Matter: updating & revisions.
`Variant title: Windows XP Pro : the missing manual
`Names: Pogue, David
`Zacker, Craig
`Zacker, L. J.
`Pogue Press
`
`
`
`Save, Print and Email (Help Page)
`Select Download Format Full Record
` Format for Print/Save
`Enter your email address:
`
` Email
`
`Help Search History Titles Start Over
`
`Contact Us | Request Copies | Get a Search Estimate | Frequently Asked Questions (FAQs) about Copyright | Copyright Office Home Page | Library of
`Congress Home Page
`
`https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=1&ti=1,1&Search_Arg=windows xp pro&Search_Code=TALL&CNT=25&PID=AQyJR0erPg4M9Jo… 1/1
`
`HP Inc. - Exhibit 1034 - Page 6
`
`

`

`EXHIBIT 2
`EXHIBIT 2
`
`HP Inc. - Exhibit 1034 - Page 7
`
`

`

`1/11/24, 2:33 PM
`
`Windows XP Pro: The Missing Manual: The Missing Manual: Pogue, David, Zacker, Craig, Zacker, L.J.: 9780596008987: Amazon.com: Books
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`Windows XP Pro: The Missing Manual: The Missing
`Manual Second Edition
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`by David Pogue (Author), Craig Zacker (Author), L.J. Zacker (Author)
`4.3
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`With the release of Windows XP Service Pack 2 (SP2), Microsoft latest and most reliable corporate desktop
`operating system now provides better protection against viruses, worms, and malicious hackers. SP2 includes
`Windows Firewall, Pop-up Blocker for Internet Explorer, and the new Windows Security Center. But it still comes
`without a single page of printed instructions. This superbly written guide fills the gap. Coauthored by David
`Pogue, New York Times technology columnist and Missing Manuals creator, Windows XP Pro: The Missing Manual
`uses wit, technical insight, and scrupulous objectivity to light the way for first-time and intermediate network
`and standalone PC users. In fact, this jargon-free book explains XP's features so clearly revealing which work well
`and which don't that it should have been in the box in the first place. The book reveals which features work well
`and which don't, such as the Remote Desktop software that enables people to connect to the office from home,
`the encryption file system that protects sensitive information, and the Windows Messenger that enables real-
`time text, voice and video communication. Contents include:
`Getting started. The book's early chapters cover using menus, finding lost files, reducing window clutter, and
`taming the new, multi-column Start menu.
`Mastering the network. Special chapters help you navigate the corporate network, dial in from the road, and
`even set up your own small-office (peer-to-peer) network, step by step.
`Understanding security. User accounts, file encryption, and the NTFS file system keep your private files
`private, while still offering network access to coworkers you specify.
`Flying the Net. This book demystifies Outlook Express 6 for email, Internet Explorer 6 for Web browsing, and
`the new Windows Messenger for voice, chat, and video conferencing.
`Windows XP Pro: The Missing Manual isn't for system administrators or OS theory geeks; it's for the novice or
`budding power user who wants to master the machine and get down to work. Yet, anyone who uses XP Pro
`(including hardcore techies) will find this new system much easier-- and more fun--to digest with this new
`Missing Manual.
`Read less
`
`ISBN-10
`
`ISBN-13
`
`Edition
`
`Publisher
`
`Publication da
`
`0596008988
`
`978-0596008987
`
`Second
`
`O'Reilly Media
`
`December 28, 2
`
`David Pogue
`
`Follow
`
`Craig Zacker
`
`Follow
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`Ships from Amazon.com
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`How to Prepare for
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`David Pogue, Yale '85, is the weekly personal-technology columnist for the New York Times and an Emmy award-winning tech correspondent for CBS News. His
`funny tech videos appear weekly on CNBC. And with 3 million books in print, he is also one of the world's bestselling how- to authors. He wrote or co-wrote
`seven books in the "For Dummies" series (including Macs, Magic, Opera, and Classical Music). In 1999, he launched his own series of amusing, practical, and user-
`friendly computer books called Missing Manuals, which now includes 100 titles.
`
`See Clubs
`
`Not in a club? Learn more
`
`Craig Zacker has published numerous books and articles on networking topics and Windows NT.
`
`L.J. Zacker has published numerous books and articles on networking topics.
`
`Product details
`Publisher : O'Reilly Media; Second edition (December 28, 2004)
`
`Language : English
`Paperback : 704 pages
`
`https://www.amazon.com/Windows-XP-Pro-Missing-Manual/dp/0596008988/ref=sr_1_1?crid=1L01LULIS412S&keywords=windows+xp+pro+the+missing+manua… 1/4
`
`HP Inc. - Exhibit 1034 - Page 8
`
`

`

`1/11/24, 2:33 PM
`
`Windows XP Pro: The Missing Manual: The Missing Manual: Pogue, David, Zacker, Craig, Zacker, L.J.: 9780596008987: Amazon.com: Books
`
`ISBN-10 : 0596008988
`
`ISBN-13 : 978-0596008987
`Item Weight : 2.52 pounds
`
`Dimensions : 7 x 1.39 x 9.19 inches
`Best Sellers Rank: #2,574,379 in Books (See Top 100 in Books)
`#24 in Windows XP Guides
`#362 in Word Processing Books
`
`#549 in Computer Operating Systems (Books)
`Customer Reviews: 4.3
`
` 38 ratings
`
`Important information
`
`To report an issue with this product or seller, click here.
`
`About the authors
`
`Follow authors to get new release updates, plus improved recommendations.
`
`David Pogue
`David Pogue was the New York Times weekly tech columnist
`from 2000 to 2013. He’s a five-time Emmy winner for his stories
`on "CBS News Sunday Morning," a New York Times bestselling
`author, a five-time TED speaker, and host of 20 NOVA science
`
`Craig Zacker
`Discover more of the author’s books, see similar authors, read
`author blogs and more
`
`See more on the author's page
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`Follow
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`See more on the author's page
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`
`38 global ratings
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`60%
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`25%
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`7%
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`4%
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`How customer reviews and ratings work
`
`Top reviews
`
`Top reviews from the United States
`
`Donald E. Halley
`
` R.T.F.M. (an acronym from the past)
`Reviewed in the United States on November 30, 2013
`Verified Purchase
`Yes, Virginia, computers used to come with operating manuals instead of user agreements and disclaimers.
`Over time, the power of the web made manuals pretty much a thing of the past, but XP Pro was right at
`that time before absolutely everything was on the Internet, it came without a useful manual, and hence
`this book. It was a "missing manual" in that reading it would put you so sleep, but if you were patient, the
`information was in there. I don't suppose they're selling a whole lot of these today, but I'm submitting this
`review just to get it off my list of purchases needing review.
`
`Helpful
`
`Report
`
`db
`
` as good as an OS manual can be
`Reviewed in the United States on April 25, 2016
`Verified Purchase
`as good as an OS manual can be. This is probably the last copy to an XP manual to ever be sold. The evil
`empire's best-ever operating system doesn't seem to work too well on today's equipment.
`
`Helpful
`
`Report
`
`J. Pepoon
`
` Another Windows "rescue" manual
`Reviewed in the United States on January 14, 2015
`Verified Purchase
`Another home run from Pogue Press! I kept this along side my computer for clear, expert guidance as I
`plumbed my way through XP. Thanks to Mr. Pogue the trip went quite smoothly. The company slogag "The
`book that should have been in the box" really says it all. Thanks for making my introduction to XP such an
`effortless one devoid of the mystifying terminology and instructions that confuse the newby rather than
`help.
`
`Helpful
`
`Report
`
`JGK
`
`https://www.amazon.com/Windows-XP-Pro-Missing-Manual/dp/0596008988/ref=sr_1_1?crid=1L01LULIS412S&keywords=windows+xp+pro+the+missing+manua… 2/4
`
` Used but Ecellent condition.
`Reviewed in the United States on June 29, 2010
`
`Top reviews
`
`HP Inc. - Exhibit 1034 - Page 9
`
`

`

`1/11/24, 2:33 PM
`
`Windows XP Pro: The Missing Manual: The Missing Manual: Pogue, David, Zacker, Craig, Zacker, L.J.: 9780596008987: Amazon.com: Books
`
`Verified Purchase
`The windows XP Pro the Missing Manual came in better than expected condition. Arrived prior to promised
`date. It looked brand new except for a few sentences highlighted in various parts.
`I was very pleased. The book is very informative and worth buying for anyone wanting to master XP. Has
`real and easy to follow instructions and explanations, not like the Microsoft big manual. Recomend it's
`purchase.
`Thank you Book Jingle.
`JKG
`
`One person found this helpful
`
`Helpful
`
`Report
`
`michael m murillo
`
` This book is a surprise of information..
`Reviewed in the United States on February 21, 2013
`Verified Purchase
`This book is a surprise of information.. Pleny of learning here in this one.. Input after input it does not stop
`anywhere's in learning from this book..
`
`Helpful
`
`Report
`
`Charles B. Silsbee
`
` Great Book
`Reviewed in the United States on April 15, 2008
`Verified Purchase
`I got a new computer with Vista. What a mess, never could get anything done with it. Went back to XP and
`got the book "Windows XP Pro The Missing Manual" This is definately one great book. If you want to learn
`and know all about Windows XP this is the book. Like the title says it should have been in the box. Maybe
`some day Microsoft will get with it and include good manuals in there products.
`
`Helpful
`
`Report
`
`B Ardell Young
`
` MISSING MANUAL MISSED
`Reviewed in the United States on August 13, 2004
`Verified Purchase
`I expected more from this book since the title implies more information that has not been available. I
`didn't see anything in the book that was new.
`
`It is not a bad manual but there are several books that provide the same information. Perhaps, the problem
`with the book is the title because it leads one to think it will include more than it actually delivers.
`
`If you do not have a good reference book on Windows XP Professional, you would not go wrong with this
`book.
`
`13 people found this helpful
`
`Helpful
`
`Report
`
`Old Viking
`
` Find it fast, right and easy
`Reviewed in the United States on March 9, 2004
`Verified Purchase
`I have bought too many 'helper' books, manuals etc. over the years - and mostly found them cumbersome
`and hard-to digest. NOT so with the David Pogue & Zacker "Missing Manual". I can relate to several
`questions that needed explanations - and every time I check them out in this publication - I get the
`answers that serve my curiosity - and by that, tremendously improve my XP experiences and work. This
`Manual is for us, who are 'non-geeks' and like to improve our skills. Thank you, guys!
`
`17 people found this helpful
`
`Helpful
`
`Report
`
`See more reviews
`
`Top reviews from other countries
`
`mary muston
`
` Windows xp pro
`Reviewed in the United Kingdom on October 10, 2018
`Verified Purchase
`Excellent
`
`Report
`
`Mr Jones
`
` Oh dear I got it all wrong
`Reviewed in the United Kingdom on October 23, 2005
`Verified Purchase
`I thought this book was going to be full of things Microsoft don't tell you such as hints and tips. But no, its
`stuff they don't tell you because most of it is insanely obvious. Like minimising and maximising or adding a
`Printer. Microsoft are probably just saving paper by not printing this sort of stuff. If you're a complete
`newbie to Windows buy it. If you're looking for stuff they don't tell you, like (well I'm not sure now because
`I didnt find it here!).
`This book will NOT make you and XP expert. At best it might save you from embarrasment.
`
`https://www.amazon.com/Windows-XP-Pro-Missing-Manual/dp/0596008988/ref=sr_1_1?crid=1L01LULIS412S&keywords=windows+xp+pro+the+missing+manua… 3/4
`
`HP Inc. - Exhibit 1034 - Page 10
`
`

`

`1/11/24, 2:33 PM
`
`Windows XP Pro: The Missing Manual: The Missing Manual: Pogue, David, Zacker, Craig, Zacker, L.J.: 9780596008987: Amazon.com: Books
`
`9 people found this helpful
`Report
`
`See more reviews
`
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`https://www.amazon.com/Windows-XP-Pro-Missing-Manual/dp/0596008988/ref=sr_1_1?crid=1L01LULIS412S&keywords=windows+xp+pro+the+missing+manua… 4/4
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`Amazon.com: Customer reviews: Windows XP Pro: The Missing Manual: The Missing Manual
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`HP Inc. - Exhibit 1034 - Page 21
`https:/Awww,amazon.com/Windows-XP-Pro-Missing-Manual/product-reviews/0596008988/ref=cm_cr_getr_d_paging_btm_next_2?ie=UTF8&reviewer...
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`1/11/24, 7:04 PM
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`https://www.amazon.com/Windows-XP-Pro-Missing-Manual/dp/0596008988
`42 captures
`4 Jan 2007 - 19 Feb 2015
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`Amazon.com: Windows XP Pro: The Missing Manual: Books: David Pogue,L J Zacker,Craig Zacker,Pogue David,Zacker L J,Lj Zac…
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`Windows XP Pro: The Missing Manual [ILLUSTRATED] (Paperback)
`by David Pogue, L J Zacker, Craig Zacker, Pogue David, Zacker L J, Lj Zacker
` (14 customer reviews)
`List Price: $29.95
`Price: $19.77 & eligible for FREE Super Saver Shipping on orders over $25. Details
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`Better Together
`Buy this book with Windows XP Annoyances for Geeks, 2nd Edition by David A. Karp today!
`Buy Together Today: $42.14
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`Customers who bought this item also bought
`Windows XP Annoyances for Geeks, 2nd Edition by David A. Karp
`Microsoft Windows XP Inside Out, Second Edition (Inside Out) by Ed Bott
`Windows XP in a Nutshell, Second Edition by David A. Karp
`Windows XP Hacks, Second Edition by Preston Gralla
`Windows XP Home Edition: The Missing Manual (2nd Edition) by David Pogue
` Explore similar items : Books (49)
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`Editorial Reviews
`Book Description
`With the release of Windows XP Service Pack 2 (SP2), Microsoft latest and most reliable corporate desktop operating system now provides better protection against viruses, worms,
`and malicious hackers. SP2 includes Windows Firewall, Pop-up Blocker for Internet Explorer, and the new Windows Security Center. But it still comes without a single page of printed
`instructions. This superbly written guide fills the gap. Coauthored by David Pogue, New York Times technology columnist and Missing Manuals creator, Windows XP Pro: The Missing
`Manual uses wit, technical insight, and scrupulous objectivity to light the way for first-time and intermediate network and standalone PC users. In fact, this jargon-free book explains
`XP's features so clearly revealing which work well and which don't that it should have been in the box in the first place. The book reveals which features work well and which don't,
`such as the Remote Desktop software that enables people to connect to the office from home, the encryption file system that protects sensitive information, and the Windows
`Messenger that enables real-time text, voice and video communication. Contents include:
`
`Getting started. The book's early chapters cover using menus, finding lost files, reducing window clutter, and taming the new, multi-column Start menu.
`Mastering the network. Special chapters help you navigate the corporate network, dial in from the road, and even set up your own small-office (peer-to-peer) network, step
`by step.
`Understanding security. User accounts, file encryption, and the NTFS file system keep your private files private, while still offering network access to coworkers you specify.
`Flying the Net. This book demystifies Outlook Express 6 for email, Internet Explorer 6 for Web browsing, and the new Windows Messenger for voice, chat, and video
`conferencing.
`
`Windows XP Pro: The Missing Manual isn't for system administrators or OS theory geeks; it's for the novice or budding power user who wants to master the machine and get down to
`work. Yet, anyone who uses XP Pro (including hardcore techies) will find this new system much easier-- and more fun--to digest with this new Missing Manual.
`
`Product Details
`Paperback: 704 pages
`Publisher: Pogue Press; 2 edition (January 1, 2004)
`Language: English
`ISBN-10: 0596008988
`ISBN-13: 978-0596008987
`Product Dimensions: 9.2 x 7 x 1.4 inches
`Shipping Weight: 2.44 pounds (View shipping rates and policies)
`Average Customer Review:
` based on 14 reviews.
`Amazon.com Sales Rank: #32,528 in Books (See Top Sellers in Books)
`(Publishers and authors: improve your sales)
`Also Available in: Paperback (1) | All Editions
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`What do customers ultimately buy after viewing this item?
`71% buy the item featured on this page: Windows XP Pro: The Missing Manual by David Pogue
`13% buy Windows XP Home Edition: The Missing Manual (2nd Edition) by David Pogue
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`https://web.archive.org/web/20070104193351/https://www.amazon.com/Windows-XP-Pro-Missing-Manual/dp/0596008988
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`HP Inc. - Exhibit 1034 - Page 31
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`Amazon.com: Windows XP Pro: The Missing Manual: Books: David Pogue,L J Zacker,Craig Zacker,Pogue David,Zacker L J,Lj Zac…
`1/11/24, 7:04 PM
`7% buy Windows XP Annoyances for Geeks, 2nd Edition by David A. Karp
` $22.37
`DEC JAN MAR
`04
`6% buy Microsoft Windows XP Inside Out, Second Edition (Inside Out) by Ed Bott
` $29.69
`42 captures
`2006 2007 2008
`4 Jan 2007 - 19 Feb 2015
`3% buy Windows XP for Starters: Exactly What You Need to Get Started (Missing Manual) by David Pogue
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` Superbly written for non-nerds, January 19, 2004
`Reviewer: Chris Taylor (Portland, OR) - See all my reviews
`This is by far the most understandable XP Pro book I've found. It takes the position that there's nothing wrong with witty, polished prose in technical writing. In fact, the excellence
`of the writing makes learning far less of a chore than you find in geekier books.
`
`As for the gripes by previous reviewers: Good grief! It says right on the cover that the book "isn't for system administrators or OS theory geeks; it's for the novice or budding power
`user." It's clearly intended for people new to XP Pro, or even intermediate users who'd like a crystal-clear explanation of, say, understanding how file encryption is different in XP Pro
`and XP Home, or how to dial into your PC from the road using a laptop, or how to set up a home network, step by step.
`
`(And to whoever wrote that you can find the same information in the online help--get real!! Microsoft's online help for XP Pro is opaque, humorless, loaded with jargon, and free of
`illustrations. And above all, it NEVER mentions bugs and problems and workarounds, as this book does.)
`
`Bottom line: If you're a network administrator, it's true that you'll be much happier with a much thicker, more technical (and dry-as-dust) book.
`
`But if you're a home user, or maybe you've been issued an XP Pro box at work and you want to get the most out of it, this book presents a complete, entertaining, and easily
`understood a picture of the beast they call Windows XP Professional. HIGHLY recommended.
`
`50 of 55 people found the following review helpful:
`
` THE FINE MANUAL THAT "MISSED" IN EVERY 'XP' PACKAGE, January 19, 2003
`Reviewer: reviewer (Zurich, Switzerland.) - See all my reviews
`The best quality of this book is that it combined the best of everything: it harnessed the best aspects of a step-by-step method with that of a detailed exposure. A welcomed
`combination! It is a hard-to-resist text if your goal is to conquer "Windows XP Professional" without any skin-pain.
`This is one of the few books that presented a well-balanced information: not too much, but never too little. Everything about it is comprehensive. Its authority is unques