So why did Microsoft drag IBM into the case...? Hmmm?
Last month a U.S. federal court in California rejected Microsoft's request for documents from Oracle Corp. (ORCL) and Sun Microsystems Inc. (SUNW).
IBM, Oracle, Novell, and Sun all filed documents with the EU that Microsoft wasn't doing enough to ensure competition in the European Union after it settled with the EU regulators over anti-trust issues.
Apparently, there's something in those docs that MS wants to know--and very badly. Not sure what it is, but my guess is that a significant share of their case in Luxembourg is going to depend on what these docs have to say
For all anyone knows, those documents can make or break MS's entire defense before the appellate officials. Their marketshare lead in Europe is on the chopping block. And they know that Linux (and other open-source elements) will fill the tech vacuum.
Unfortunately, there's nothing MS can do against Linux and OSS. Those are two things MS cannot EEE--embrace, extend, and extinguish (like they've done to many of their North American competitors).
Thus, MS has asked and lost requests for IBM, Sun, Novell, and Oracle to turn over their documents via subpoena.
So, if MS loses their appeal, they're eventually screwed when it comes to trying to sell in Europe.