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DOJ Calls EU Microsoft Decision "Unfortunate"

ogma writes "This one is especially ironic after the recent slashdot story on more of Microsoft's underhanded actions coming to light. It seems that the DOJ thinks Europe was too hard on Microsoft in its anti-trust ruling.. According to Assistant Attorney General Hewitt Pate, the fine 'may send the wrong message about antitrust enforcement priorities'..." Open Council writes "The Register points out that the EU has provided Microsoft with a major victory over its Open Source rivals because it will now be allowed to pursue royalty revenue from the APIs it publishes. Jeremy Allison says that the projects such as Samba, which he jointly leads, may face a prohibitive hurdle. The size of the fine is peanuts to MS but will be a bargain if it can lock out Open Source projects from using its API's."

15 of 671 comments (clear)

  1. Register overreacting a bit by 0x0d0a · · Score: 4, Informative

    The decision states that "to the extent that any of this interface information might be protected by intellectual property in the European Economic Area, Microsoft would be entitled to reasonable remuneration".

    Interfaces and formats aren't protected, which is why WINE and Samba can and have been using them for years. I remember Microsoft getting in a tiff over WINE using the same header files, but backed down.

    This doesn't seem to grant anything to Microsoft that they didn't already have. No biggie.

    1. Re:Register overreacting a bit by 0x0d0a · · Score: 4, Informative

      Okay, of the types of IP there are (at least in the US -- I don't know European law, unfortunately):

      * Patent law. This is probably Microsoft's best bet, but it's terribly thin. You patent a process, a way of doing something. Even software/algorithm patents get a lot of criticism, though they're still a process. An API is static. There are not changes involved, nothing to patent.

      * Trademark law. Well, Microsoft *might* requre people not to call their "DirectX" implementation "DirectX", but they can't go any further than that.

      * Copyright. You may be able to copyright the specific representation of the API that you put out -- but you can't copyright a list of facts (like what values need to be passed to what functions) -- just the presentation. If someone types up their own API docs/headers, they're in the clear.

      * Trade Secret. Won't work. Microsoft already tried doing exactly this with the Kerberos-in-CIFS attempt earlier -- trade secrets need to be *secrets*. They can't be published and handed out and still recieve trade secret status. If the EU forces Microsoft to publish their APIs, Microsoft automatically loses all trade secret protection on those APIs that they might potentially have had. (There are other reasons this might not work, like reverse engineering IP exemptions, but I believe that this is enough to blow away their protection already).

    2. Re:Register overreacting a bit by Jeremy+Allison+-+Sam · · Score: 2, Informative

      Andrew confused API's with protocols. Otherwise the article is correct.

      Jeremy.

    3. Re:Register overreacting a bit by Halo1 · · Score: 2, Informative
      * Patent law. This is probably Microsoft's best bet, but it's terribly thin. You patent a process, a way of doing something. Even software/algorithm patents get a lot of criticism, though they're still a process. An API is static. There are not changes involved, nothing to patent.
      The API should indeed be irrelevant as far as patent law is concerned, but that doesn't matter. All they have to do is include a patented (e.g. encryption) algorithm in their communications protocol, and you're hosed. Because of this, you can patent any protocol and file format (just require some patented algorithm to read it). If software patents are legalised in Europe, that is.

      Which they hopefully won't, and to accomplish that, I would urge everyone who can to join us in a demonstration in Brussels (press release) on 14th April, as well as to participate in another online demonstration like last September whereby websites go on strike.

      Preparations are still in progress, hopefully we'll be with more info soon on slashdot's front page :)

      --
      Donate free food here
  2. Re:The Wrong Message by Tassach · · Score: 5, Informative
    Microsoft licensing the APIs is irrelvant to Samba -- all the samba work is based on specifications which were either released publicly or which were independently reverse-engineered.

    As long as Samba continues to base itself on untainted specifications, Microsoft can't do jack.

    --
    Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  3. Senator Patty Murray is deeply troubled by Anonymous Coward · · Score: 4, Informative

    Patty Murray's statement can be found at Murray Statement on EU Ruling Against Microsoft. Here are her contact information: http://murray.senate.gov/contact/

    1. Re:Senator Patty Murray is deeply troubled by geoff313 · · Score: 4, Informative

      And that wouldn't have anything to do with her having received approximately $180,000 in campaign contributions from Microsoft in the past 6 years now, would it?

      Don't believe me?

      Check out her top contributors:

      1998

      2000

      2002

      2004





  4. Follow the money by Anonymous Coward · · Score: 5, Informative

    Hardly surprising, giving R. Hewitt Pate was one of the men who imposed MS's wristslap by the DoJ. I wonder if there might be a conflict of interest here.

    Note : Allowing your senior DoJ / government lawyers *cough, Ashcroft* to be in hock to major corporations might not be a very wise idea.

  5. Re:Royalty Revenues by dr+bacardi · · Score: 2, Informative

    It has already been done... nfs server too (and other cool toys).

  6. Re:How About Some Calculations. by Copperhead · · Score: 2, Informative
    Well lets see. To recoup this fine, Microsoft would have to sell 3,424,581 xboxes, 3,065,000 copies of windows xp home edition, or 1,228,456 copies of office. Yep, doesn't sound like peanuts to me. I doubt microsoft nets much more than than in an entire year, maybe less.

    According to the BBC, the file is equal to 5% of their 2003 income...

    --
    Your reality is lies and balderdash and I'm delighted to say that I have no grasp of it whatsoever. - Baron Munchausen
  7. Re:EU "Win"? by BBird · · Score: 2, Informative

    3. Microsoft can now lock out all open-source projects trying to attain API compatibility. Good-bye WINE, Samba, et al. Imho you should be carefull with conclusions like this. All the EC rulling is that if and when there is IP to protect they are entitled to reasonable remuneration. Note that sw patents are not alowed in the EU, so this protection is much smaller that in the US.

  8. Re:The Money Trail by iapetus · · Score: 3, Informative

    It goes into EU general funds - the same as money paid in by member states. If we assume that it's divided in the same proportions as all EU spending, then the majority of it will likely go to agricultural subsidies.

    --
    ++ Say to Elrond "Hello.".
    Elrond says "No.". Elrond gives you some lunch.
  9. Re:It's the DOJs fault by PainKilleR-CE · · Score: 2, Informative

    I agree. Although some of the points that the DOJ was making in their case against Microsoft seemed irrelevent, I was one of many people I knew who were looking forward to some kind of real penalty. Then, out of the blue, it was as if the case just disappeared and we never heard about it again.

    Many of the points were irrelevant, and when it went to appeals the points were thrown out because they had no relevance, or, at least, were not properly tied by the DoJ's lawyers to the case they were trying to make. The case "disappeared" because the judge that received the case after appeals forced all parties into long settlement talks.

    They were talking about breaking up the company into different divisions or separating products or imposing massive fines, and yet did any of these things really happen? It seems like the DOJ really failed in that regard, and I'm glad that somebody stood up and sent a wake up call to MS.

    The DoJ failed to make their case, and the judge that originally handled the case failed to follow proper procedure before putting forth his remedies. To say the least, the DoJ was lucky the appeals court didn't throw the whole case out, but instead chose to go through the transcripts, findings, and judgments, as well as the appeals and counters filed with the appeals court and decide where Microsoft had been found guilty without proper evidence and where there was enough evidence to uphold that finding of guilt. Then they threw out the original judge for his mishandling of the case and "appearance of bias" and remanded it to another judge to handle. By that time, the DoJ's case was full of holes like a block of swiss cheese, and the settlement they came to was probably better than they could've gotten if the judge had allowed them to restart the case (which took something like 5 years the first time around).

    All of the important filings are available online, and though it can be a dry read at times, the appeals court's findings especially can be very enlightening as to why the DoJ settled for the remedies they did.

    --
    -PainKilleR-[CE]
  10. Re:The wrong message? by Doesn't_Comment_Code · · Score: 3, Informative

    What do freedoms have to do with it? It really is fairly simple: cap campaign finance contributions.

    To my understanding, campaign contributions are already capped. An individual can only give a certain amount, and an organization can only give a certain amount.

    Soft money IS the problem. That is where the freedoms come in. The courts consider using your money to influence a campaign freedom of speech. So groups of businesses and labor unions spend money for their own commercials and such, effectively donating money without it technically changing hands. The soft money contributions make up a HUGE percentage of all the money spent during an election. And that's where most of the corruption starts.

    --

    Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
  11. Re:Remember folks, by geirhe · · Score: 3, Informative
    If I travelled to the good city of Parma, rented some space, and produced something that for all intents and purposes would otherwise be known as Cheddar cheese (a product of Cheddar, UK, only!), would you call this "Parmesan?"

    What would happen would be a hefty fine. If you were using a cheddar process, the result would not be parmigiano reggiano, just as a brie is not a hard cheese.

    There are several requirements that have to be met in order for something to be called parmigiano reggiano. Making it in the right place is only one of them. 18 months of aging is another. The producers are only allowed to make the cheese between the months of may and november - for quality reasons.

    There is something called the parmigiano reggiano cheese control consortium. They market the parmesan cheese (just as Pepsi does), and they control the quality of the products (Hey, just as Pepsi does). They have existed since 1934.

    You are wrong in thinking that parmesan cheese comes from Parma. It can be made anywhere in the Parma, Reggio Emilia, Modena, Mantua or Bologna regions. It is also not a cheese it is possible to make industrially, unlike the parmesan-labeled muck you are cheering for.

    I suggest you actually take a piece of the parmesan-labeled cheese to Italy, and then see if you can taste a difference from a freshly-cut wheel of the real McCoy. My bet is that you can.

    More of the manufacturing process can be found here.

    Oh, and by the way, "brut champagne" means "dry sparkling wine from the champagne district in France, made with the champagne process". This is just as much a regional label as parmigiano reggiano is.