Posted on 12/22/2005 7:27:24 AM PST by zeugma
The European Commission has threatened to fine Microsoft up to 2m euros (£1.36m; $2.4m) a day until it gives rivals more access to its systems.
Brussels said the software giant had failed to supply adequate information about its server programs.
Microsoft has five weeks to provide improved documentation before the daily penalties are imposed.
But the group pledged to contest the EU's "unjustified" demands by whatever means possible.
'Changing demands'
"We will contest today's statement to the full extent permitted under EU law, including a full oral hearing on these issues," Microsoft legal chief Brad Smith said in a statement.
He added that the firm had done its utmost to comply with the EU's demands, but Brussels kept changing the goalposts.
"We've shipped a new version of Windows, we've paid a historic fine, and we've provided unprecedented access to Microsoft technology to promote interoperability with other industry players," Mr Smith added.
"In total, we have now responded to more than 100 requests from the Commission."
In a landmark ruling in March 2004, the world's biggest software firm was found guilty of abusing its position, hit with a record fine and told to open up its operating systems.
Data demand
Microsoft was also ordered "to disclose complete and accurate interface documentation which would allow non-Microsoft work group servers to achieve full interoperability with Windows PCs and servers".
The EU's second highest court - the Court of First Instance - later rejected an appeal by Microsoft and warned it to comply with the order by 15 December 2005, or face a daily fine.
But following two reports from a monitoring trust that has been checking information supplied by Microsoft, the European Commission says the software giant has failed to provide all the necessary detail.
It quoted the reports as saying the technical documentation was "totally unfit at this stage for its intended purpose".
Appeal plea
In September this year, Microsoft launched a second appeal against the March 2004 ruling - which included a 497m euro fine - in an effort to avoid giving more information on its server programs.
The firm argues that doing so would violate intellectual property rights.
"I have given Microsoft every opportunity to comply with its obligations," EU Competition Commissioner Neelie Kroes said in a statement as the five-week deadline was issued.
"However, I have been left with no alternative other than to proceed via the formal route to ensure Microsoft's compliance."
The EU also warned that if Microsoft failed to provide the necessary information by 25 January, the daily fines would be backdated to 15 December 2005.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/business/4552214.stm
Published: 2005/12/22 14:56:33 GMT
© BBC MMV
Exactly. Bill Gates should just buy the EU and be done with it.
Pocket change or not it's still BS.
Typical socialists--dictate from on high rather than let the marketplace decide. The EU has their own crafty Norwegian that produced an open source OS--mandate its use if they must have open source software.
Microsoft haters, rejoice! Private industry and other supporters of capitalism, bend over!
Fixed it.
The people of the EU are well within their rights to not buy Microsoft software. Let em eat cake.
Thanks. I must have been overcome with a bout of Scandilexia...;^)
Pull out of the EU; make them come up with their own products for once. Lazy sobs.
I wish MicroSoft would just pull out and let them use open source software for a while. If they want to set the rules, let them make their own software.
Most people will just shrug and say, MS have a deep pocket, so who cares. This is an atttempt by EU to kill Microsoft
I think Microsoft should consider pulling out of the EU and let their computer systems become outdated as they struggle to replace the Microsoft OS. Microsoft may lose short term business, but the EU would be hardpressed as the competing US and Asian corporations upgrade their computers every 18 months on Microsoft OS and hammer the hamstrung EU companies. It would end this EU attempt to access US trade secrets via commissions.
Or Microsoft could unleash viruses all over the EU and bring them to their knees. Oh wait, they're already doing that.
It's an attempt by the EU to have a cash flow to support lavish living in Brussels.
LOL! That's good. I like that line.
Samba has spent years attempting to provide connectivity to windows resources from non-windows computers such as those running UNIX, Linux, IBM System 390, OpenVMS, and other operating systems. This interoperability is a good thing, and it has taken much work to implement because the protocols used by microsoft are opaque, and must be reverse-engineered after every change. This is a waste of resources IMO, that could be better applied elsewhere.
I wish MicroSoft would just pull out and let them use open source software for a while. If they want to set the rules, let them make their own software.
This would be great.....unfortunately Gates is far too polically correct to ever do the right thing.
Then they simply switch to Mac or Linux. It'll be a bit of a migration, but nothing that can't be overcome. Microsoft will NEVER allow its virtual monopoly to be broken, and pulling out of the EU would blow that there, and show to the world that you can run without Microsoft. I don't think that would be acceptable to Microsoft.
Any other companies that you know of consider interoperability information as a "trade secret"?
And which part of convicted monopolist do you not understand?
Actually, it is government sponsored blackmail and extortion.
"Then they simply switch to Mac or Linux. It'll be a bit of a migration, but nothing that can't be overcome."
They why don't they simply do it now, and forget this stupid lawsuit idea ?
They are, partially. I was only pointing out that Microsoft can't really hurt anyone but themselves by pulling out of the market.
Wow! At this rate, they'll be bankrupt in 487 years...
"The European Commission has threatened to fine Microsoft up to 2m euros (£1.36m; $2.4m) a day until it gives rivals more access to its systems."
Hhmmm ... Is it Microsoft that is not giving access ? ... or is it that people who own these servers and have bought and installed microsoft peoducts that are the ones limiting access to their servers ?
Food for thought...
What would the auto industry be today if GM, Ford, and Chrysler did the same thing?
Did what? Share their assembly methods? Or hide them?
You do realize that they all purchase competitors' products and disassemble them every year?
Every auto company in the world knows how their competition builds cars.
He's so politically correct that he's willing to pay a fine for the "crime" of selling proprietary software?? That's pretty hard to believe.
Welcome to facist liberal EU la-la land.
thestreet.com -- "Smith also charged that the commission's latest demand for internal workings of Windows to be documented and licensed is outside of the scope of the ruling and could open the door to producing clones of parts of its operating system."
What this is really about is the socialist retards at the EU wants the windows source code so they can hand billions in intellecutal property to european companies for free.
EU = more people sitting in the cart than pushing the cart.
Bill gates should just refuse to pay. If the EU is so desperate for an alternative then they can go right ahead and make their own.
Well, the precedent is already out there. China's got the source code.
I think you may have misunderstood me. Someone suggested MS should simply pull out of the EU and let them figure out how to run their computers themselves, and the poster to whom I replied wrote that Bill Gates was too PC to do the right thing. I was skeptical about how far Gates would go to be PC, not the EU.
You do realize that they all purchase competitors' products and disassemble them every year?
Every auto company in the world knows how their competition builds cars.
My point exactly.
I can go to any auto-parts store in the country and buy parts for my car.
I can go to walmart and buy tires, spark plugs, wiper blades and numerous other parts.
I can build a complete Chevy V8 motor and never buy a single GM part.
I say screw Microsoft.
Windows free since 2003.
Just let MS get out of EU and let EU go for Linux. Meanwhile, they will miss new versions of Windows while the rest of the world will have it.
I haven't.
Sure, why not. You self-labeled "supporters" of capitalism have been bent over for the company that gave their source code to the Chinese Communists, and who's founder gives lavishly to anti-American causes.
Do you get all misty about George Soros, too? He and Bill are fellow travelers after all.
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