Slashdot Mirror


EU Fines Microsoft $613 Million, Officially

Decaffeinated Jedi writes "As reported by CNN.com, the European Union has hit Microsoft with a record US$613 million fine after a five-year investigation, finding the company guilty of abusing the 'near-monopoly' of the Windows operating system. Microsoft has been given 90 days to make a European version of Windows available without a media player and 120 days to give programming codes to rivals in the server market to allow 'full interoperability' with desktops running Windows. Microsoft plans to appeal the decision." Other readers point to coverage at the BBC, ZDNet, Reuters (here carried by Yahoo!), and abc.au.net.

30 of 1,186 comments (clear)

  1. Quite right too by zoney_ie · · Score: 5, Insightful

    Media player being bundled costs the consumer money even if they don't want it. It also allows Microsoft to further leverage its market position once WMP is ubiqitous!
    As for the 'orders' on API documentation? Woohoo.

    Microsoft is the perfect example of how capitalism needs a tight rein for it to work to the benefit of people, not big corporations!

    --
    -- *~()____) This message will self-destruct in 5 seconds...
    1. Re:Quite right too by John+Hasler · · Score: 4, Insightful

      Microsoft's very existence is dependent on copyright law: it is a creature of government regulation.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  2. Where is the deterence? by toesate · · Score: 5, Insightful
    Quote BBC : Microsoft has a cash pile of more than $50bn, so even a fine on this scale - a record for the EU in an antitrust case - is unlikely to hurt it commercially.

    How can the punishment serve a deterent, if the fine does not hurt??

    --
    Hey, that's my password you are typing
    1. Re:Where is the deterence? by zoney_ie · · Score: 5, Insightful

      90 days to sell a version of Windows minus WMP. AND they must ensure there's no disincentive to those buying it (e.g. negligably cheaper, or more expensive all told).

      120 days to provide FULL documentation on Windows code interfaces? EXPLICITLY to help their competitors have a level playing field on the Windows platform?

      The precedent set by this and implications for the future?

      OW! I think it hurts a LOT. Plus being 'ordered' to do stuff really dents the pride and knocks the wind out of them.

      The implication too is, "we could have gone for 10% of revenues", watch yourself.

      --
      -- *~()____) This message will self-destruct in 5 seconds...
    2. Re:Where is the deterence? by mccalli · · Score: 4, Insightful
      How can the punishment serve a deterent, if the fine does not hurt??

      Because the fine is not the punishment. That's just the wrist-slap, although admittedly it's a harder one than normal. Because of the high value the press are focusing on this, but it's not the real action.

      No, the meat of this decision is the forcing of the unbundling and the opening up of specifications. That's the punishment, not the cash.

      Cheers,
      Ian

    3. Re:Where is the deterence? by groomed · · Score: 4, Insightful

      The purpose isn't to destroy companies. Destroying a company like Microsoft would hurt customers even more than monopolistic practices. That would be diametrically opposed to the intended effect of the ruling.

      Also, $613 million is a serious figure. Nick Leeson broke the Barings Bank in the '90s on of just over twice that amount. Enron (partly) collapsed over a $563 million deficit. Remember, it's not like those $50 billion are in a big jar that everybody can take some of when they feel like it. Divisions are accountable, managers are accountable, books have to be kept. Combined with the other rulings, this should be understood as a severe penalty for Microsoft Europe.

    4. Re:Where is the deterence? by EpsCylonB · · Score: 4, Insightful

      Microsoft has a cash pile of more than $50bn, so even a fine on this scale - a record for the EU in an antitrust case - is unlikely to hurt it commercially.

      I think people saying that this amount of money is nothing to microsoft are being a bit naive. Just because MS can afford it doesn't mean that they don't appreciate the fact that this is still a hell of a lot of money. The last thing MS wants is a precedent that whenever they get caught for breaking a rule the local government is entitled to take $500 million off of them.

    5. Re:Where is the deterence? by John+Hasler · · Score: 4, Insightful

      Do they have to publish the interfaces or just license them under NDA as in the US? If the latter it's useless.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  3. Unbelievable by Space+cowboy · · Score: 5, Insightful

    Microsoft claims that it should not be fined at all because it did not know its behaviour would breach EU law.


    Right. Of course they didn't know. They just set up shop in a different country and assumed that US law would prevail. What's wrong with that ? (Hint: lots!)

    Another quote:

    "In the EU's judgment, Microsoft must refrain from using any commercial, technological or contractual terms that would have the effect of "rendering the unbundled version of Windows less attractive or performing. In particular, it must not give PC manufacturers a discount conditional on their buying Windows together with the Windows Media player."


    Well, no wonder they're going to appeal, that removes 90% of their business practice!

    Simon.
    --
    Physicists get Hadrons!
    1. Re:Unbelievable by iapetus · · Score: 4, Insightful

      Whether they knew or not (and if they didn't, they should fire their legal department) is irrelevant. Ignorance of the law is not seen as a valid excuse for breaking it.

      I wonder who'll be picking up their copy of the relevant code in 120 days to help with Linux coding efforts to provide Windows interoperability? :)

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
  4. The Question is: How are they going to pay? by Wacky_Wookie · · Score: 5, Insightful

    $613m is a lot of money, but will Microsoft try to use cupons, or "donate" software to schools, thus locking in more Microsoft users from a young age?

    If the EU is smart it will force Microsoft to donate to CASH to open source, or educational groups, thus allowing people to break the Monoply by their own choice.

  5. They will never pay by 110010001000 · · Score: 5, Insightful

    Microsoft will appeal, and the EU courts estimate it will take 5 years until a decision is made.

  6. Re:why WMP ? by Azghoul · · Score: 5, Insightful

    Al Capone murdered a couple people here and there (and ordered a couple other killings), participated in every sort of organized crime... they took him down for tax evasion.

    When you know someone is evil you get 'em on whatever you can manage.

  7. Re:Money? by Conor+Turton · · Score: 5, Insightful
    It's nothing to do with the money. Microsoft are crapping themselves because of the other conditions.

    Within 120 days Microsoft is required "to disclose complete and accurate interface documentation which would allow non-Microsoft work group servers to achieve full interoperability with Windows PCs and servers. This will enable rival vendors to develop products that can compete on a level playing field in the work group server operating system market. The disclosed information will have to be updated each time Microsoft brings to the market new versions of its relevant products." This is at least in theory a pretty absolute requirement; Microsoft has to publish whatever it takes in order for rival vendors' servers "to achieve full interoperability with Windows PCs and servers, and it must provide updates where necessary.

    Microsoft currently licence this and it is this which they use to sell server OSes and apps using the ease of interoperability as a main reason. Server OSes and stuff such as MS Exchange earn them alot more than desktop OEM versions of XP. Ease of interoperability is what is getting companies to sign up to the ripoff Licencing 6 scheme. The requirement to open up the server interoperability means that Linux will go storming in big style.

    --
    Conor "You're not married,you haven't got a girlfriend and you've never seen Star Trek? Good Lord!" - Patrick Stewart
  8. Time lines by amichalo · · Score: 4, Insightful

    Aren't the time lines for these things rediculous? From the time an investigation starts, trail is held, conviction is appealed and re-tried, it takes about a decade to exact "justice" on an international corporation.

    In the meantime, the victims such as smaller competing firms and consumers have long since picked up the pieces and moved on. The companies at the amepx of it all aren't even relevant anylonger (Netscape?).

    Until the law can put some spring in their step, a $600 Million fine 10 years after putting awa your competition is paultry.

    Break up Microsoft - THAT is the solution!

    --
    I only came here to do two things; kick some ass, and drink some beer...looks like we're almost out of beer.
  9. Re:why WMP ? by klaasb · · Score: 5, Insightful

    WMP is where the next battle will be fought.

    ITMS vs. MSMS (MicroSoft Music Store).

    I don't want my music in .wma format.

    --
    if your pants fit well, it's not only because of the pants ...
  10. Re:Abuse of monopolies by negacao · · Score: 4, Insightful

    It isn't the government's place to tell a company what they can or cannot sell.

    it is when the company has killed off competition via illegal means.

  11. Re:Abuse of monopolies by tehcyder · · Score: 4, Insightful
    It isn't the government's place to tell a company what they can or cannot sell

    So you wouldn't mind if my company sold your kids drugs? And there'd be no problem with me selling nuclear weapons to Islamic fundamentalists?

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  12. Re:why WMP ? by eyeye · · Score: 5, Insightful

    Hmmm.. good point...
    if only there was a european competitor to IE ready to start making a fuss,

    ahah.... we have a candidate.

    --
    Bush and Blair ate my sig!
  13. Re:I hope.... by CdBee · · Score: 4, Insightful

    I share the hope that the EU manages what the US Dept of Justice flunked.

    However, as a citizen of the EU, I'd advise against getting your hopes too high. Our legal systems have considerable ability to delay and obstruct, for companies with enough money and determination.

    The US DoJ looked set to implement a proper solution just a few years ago, but the election of President Bush put an end to that.

    Changes of government in European states are not infrequent and can change the direction of the whole loose alliance that is the EU. Don't overlook the possibility that if the EU's governments move to the right, this case may be damaged.

    In fairness though, Europe's courts are less subject to policital interference, so here's to hoping!

    --
    I have been a user for about 10 years. This ends Feb 2014. The site's been ruined. I'm off. Dice, FU
  14. I cannot believe... by thrill12 · · Score: 4, Insightful

    ...that in a time when incredible shortcomings of Microsoft's OS are found, some of you actually talk about 'American/European (skewed) relationships' and how 'unfair this is to an American company'.

    For once look at the big picture, and forget that Microsoft is an American company, and the EU filed a European verdict:
    Microsoft is a major global player in an international market ruled mainly by European and American companies together.

    In this playing field it is only fair that a referree - no matter if US or EU - rules when a player crosses the legal line.
    It is to the benefit of both the Europeans as the Americans in the long term, and we will pick the fruits of this decision in time.

    --
    Slashdot: stuff for news, nerds that matter, matter for news, stuff that nerd
  15. Not To Be TOO Bitter... by bfg9000 · · Score: 4, Insightful

    ...but the only reason this is a "record" fine is because our own government CAVED IN and let them off the hook after a decade-long trial. After spending a *huge* amount of money in court, the US government sternly told MS they had to promise to release a service pack.

    If our government had stuck to its guns from the first time of many that MS was taken to court, the tech landscape here would be vastly different, I think. Hey, BeOS might even be alive, and Linux and Macs would CERTAINLY have more momentum than they do!

    Even if MS pays this in cash rather than software, it's still pocket change, currently sitting happily in the MS account and earning them interest. So they won't earn as much interest this year. Big deal. This won't change anything. At best it's less money for MS to pay SCO with.

    --

    I'm not normally an irrational zealous dickhead, but I figure "When in Rome..."

  16. Re:I hope.... by hype7 · · Score: 5, Insightful
    I hope that the EU actually sticks by its guns. That is one thing the US has not done.


    The most incredible thing (and kind of funny in a shocking way) is that Microsoft is trying to use that very reason as some kind of excuse as to why it shouldn't be fined in Europe. The argument runs something along the lines of "... but we can do this in America! You can't fine us if we can do it in America!"

    Hey, news flash for you Billy boy! In Europe, you comply with European law, and it's a lot harder to buy a few politicians to exert political pressure on the justice system.

    -- james
  17. Prediction by edxwelch · · Score: 5, Insightful

    We will soon see a new set of installation dependancies for .NET framework, MSXML, etc.:
    "Requires Microsoft Media Player 9.0, greater to run".
    Well, it worked the last time!

  18. Re:Abuse of monopolies by aug24 · · Score: 4, Insightful
    It isn't the government's place to tell a company what they can or cannot sell.

    Riiiight...

    But if you are the only provider of X (a legal monopoly) and you leverage that monopoly to drive out providers of Y and gain a second monopoly, then it becomes the government's place to tell you what you can and can't do.

    Twat.

    Justin.

    --
    You're only jealous cos the little penguins are talking to me.
  19. Re:I hope.... by perly-king-69 · · Score: 4, Insightful

    No, no, no, you don't get it.
    They are a monopoly on desktop OSs. There is no problem with that in itself. What they have been convicted of is of leveraging that monopoly to gain an unfair advantage in other markets. Namely, the media player market.

    --

    --
    This sig is inoffensive.

  20. Re:Huh??? by FatherOfONe · · Score: 5, Insightful

    The problem comes in when a company like real or Netscape comes out with a product that is good and then Microsoft does two things.
    They come out with a similar product, bundle it in the OS and then force/threaten their OEM's not to install the competitors. That is what is wrong.

    Let's take your list. What if IBM/HP/DELL/Gateway decided to bundle:
    OpenOffice
    FileMaker
    Winzip
    RealPlayer
    Mozilla (and change the default browser)
    GIMP
    Suns/IBM's JDK with Eclipes

    Could they do this for almost no cost? Yep. Then Microsoft would suddenly raise the cost of EACH version of windows that IBM/HP or Dell buys (Like they did to IBM. Dell got Windows for ~$10 while IBM got it for ~$100.00, and they wouldn't sign any deal with IBM for MONTHS after the new OS was released, thus killing IBM desktop sales during that time)

    So yes, I agree that I want a bunch of stuff bundled with my OS. (With the ability to not load it) But I hope that you would agree that most people want the best software bundled at the lowest price. We currenlty don't have that CHOICE. That is what is hurting consumers.

    --
    The more I learn about science, the more my faith in God increases.
  21. Re:Huh??? by squiggleslash · · Score: 5, Insightful
    What "media player market?" Is there a version of Windows Media Player that costs money? All they're doing is giving stuff away. They bundled IE not to get us hooked and jack up the prices, but because an OS should come with a browser. IE is free (as in beer). MediaPlayer is free.
    A better question is "Is there a streaming media server that costs money that media players require the use of", to which the answer is yes. Microsoft's goal with WMP is to provide a single media streaming platform that requires the use of Microsoft products on the server and which controls what can be used on the client end.

    They most certainly did bundle IE to "get us hooked", as came out in the original Judge Jackson DoJ anti-trust trial. IE was tightly integrated with the operating system to prevent Netscape from being able to create platform independent middleware, and it was the platform independent middleware they were most concerned about. By making using Netscape a "jarring experience" (Microsoft's words) and by encouraging the development of Microsoft-only webpages through technologies like ActiveX, Microsoft most certainly hoped to hook people on Microsoft-required content.

    I'm also baffled as to why you think that it's the job of an operating system vendor to supply a bunch of tools that have nothing to do with the functionality of an operating system. We can have a competitive market, or we can put up with OS vendors including tools that are "just about good enough" to ensure that 90% of people do not switch, and hence the market for better alternatives isn't supportable. How is that a good thing?

    Compare Firefox to IE, any number of email clients many of whom predate Outlook Express to Outlook Express, commercial virus checkers back when DOS included a Microsoft Virus Checker, etc, and ask yourself why people should be lumbered with Microsoft's third rate crap because Microsoft has killed, through the act of bundling, better alternatives?

    Now, if Dell or HP, or frickin' Gateway wants to bundle this non-operating system related software with a computer, that's one thing (and, yes, that means Apple has a perfect right to), at least them doing so ensures a competitive market. But Microsoft doing it means that Dell, HP, and Gateway, etc, have to include whatever Microsoft includes. And that's not right, that doesn't create a competitive market, and it's Microsoft muscling into a market to the detriment of customers and for the sole reason of wanting to control who runs what, who is able to create what, who is able to see what, and what tools, as a result, they have to run everywhere else.

    Right now what little choice we have is thanks to the Open Source movement, essentially a socialist enterprise (socialism in its original meaning of "a group of people working together to improve things for everyone" rather than the bizarre American "A government wanting to interfere in everything" definition), we're not seeing capitalism in its supposed "competition will improve everything" mode. It's time we did.

    --
    You are not alone. This is not normal. None of this is normal.
  22. Re:I hope.... by runderwo · · Score: 4, Insightful
    There are things Microsoft has done that I don't think were right, but bundling software with the OS isn't one of them.
    You're right, because bundling isn't the problem. Product _tying_ is the problem.

    It is much different to say:

    "We are giving you product X with the purchase of product Y, whether you want it or not"

    than to say:

    "We are giving you product X with the purchase of product Y, and not only can you not remove product Y from your machine (as it is an integral part of the operating system), but we have taken special precautions to make sure that only product Y has access to features of product X that make it particularly useful; and by the way, your system provider signed a contract stating that they would not install product Z on this machine, so you're on your own if you want to install it. And don't complain to us if it is mysteriously disabled every now and then."

    Linux distributions don't even compare. Yes, Mozilla is bundled, but if I want to get rid of it and use something else, it's nothing more than a dpkg --purge.

    Bundling is not illegal. Product tying is legal too, except that it is a common technique by which a monopoly position is frequently abused, so it is something that frequently comes up in these cases when you are trying a company for abusing a monopoly position.

  23. US had more risk but also more to gain by Baki · · Score: 5, Insightful

    What is often forgotten is that most competitors of MSFT are also US companies, so to limit MSFT's monopoly would harm one US company, but benefit a lot of others many of which are also US companies.

    So, the economic balance does not explain the US failure to correct this economically damaging condition, there must have been another reason. Probably plain old bribes, or just stupidity from the part of the Bush government to see the economic benefit to have sound markets with sound competition.