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Microsoft's EU Appeal is Ready
psic writes "According to techworld, Microsoft plans on lodging its official appeal to the European Commission concerning the EC's decision to fine the software giant 497.2 million euros, as well as forcing them to open up part of the code of Windows, "so other products could interoperate with it better".
It's taken Microsoft a couple of months, but their appeal is ready. One interesting thing is the fact that an appeal will take at least three years to conclude. But the decision of the EC might just come into effect very soon, regardless of Microsoft's appeal."
I dont know about you, but if someone tried to fine me 497.2 million i would be happy to wait three more years before paying.
Do you need a website upgrade?
If that's the case, this article has a farily severe misspelling.
Hmmm.
Everyone in the software industry realizes Microsoft is this big 800 lb gorilla. They have such power over the personal computer market. They can make or break whole companies or new ideas because of their control over the consumer PC experience. I am so glad that they are getting smacked around a bit in Europe, because really their control over such a huge market is anti-capitalistic and harmful to the market. Monopolies rarely serve entities in the market other than the monopolist. It's good to see the Europeans understand this and are actually doing something about it.
Dosn't Britan charge the looser of a court case the court costs? I think if you bring a lawsuit in that country and the defendent wins then you have to pay his lawyer bill? Anyone from there or a country that has this type of law system elaborate? Could you imagine the bill if MS wins the appeal?
Do you know how many pages of stuff are involved in a case like this? Thousands and thousands and thousands. A group of poor bastards have to read all of them. That takes a long time.
An appeal is not a new trial. It's the losing side claiming that the trial wasn't by the book and needs to be thrown out.
-B
The lawyers who manipulate this system of constant appeals.
Evolution or ID?
So, in 2007 they will produce a Windows XP without Media Player. But who will buy WinXP in 2007 ?
This is just the time for launching LongHorn ! (and it will be bundled with Duke Nukem Forever)
And in 2012 they will release a light-Longhorn version without ExtraDRMizedMediaPlayer. Oh wait, 2012 is the date they will launch Microsoft Windows Interface, a really cool new Desktop Manager for the Linux 4.0 kernel.
Tsss... 3 years in computer science is like thousand years of history...
Ploum.net.
Is there going to be anything to stop Microsoft associating media files with a little program that says something like: "You do not have Windows Media Player installed. Windows Media Player is required to view media. Click here to download Windows Media Player."?
Then all the normal users would still use WMP.
# cat
Damn, my RAM is full of llamas.
Although I'm betting that if this does get enforced, every time you click a media file on a fresh install you'll automatically be linked straight through to the 'Download WMP 10 Here! Now with extra DRM! Here! 100% Free!' page.
'For we walk by faith, not by sight.' II Corinthians 5:7
A key figure at Microsoft was found guilty of Murder. The justice department realised that a prison sentence would limit his freedom of movement, so in a last minute deal arranged by Microsoft's lawyers they agreed that the murderer would not use bladed weapons or bullets to attack people.
I don't know why the argument about how this will harm Microsoft is getting any time at all. Surely that's the entire point of a large fine!
I truly want to suspect "yes, they're all b*stards", but in truth I think probably not - well, at least not theft. For one thing, why don't closed-source houses just use BSD-licensed open-source? No theft involved. It's worked for Apple, and IIRC even Microsoft has done it (IE has old NCSA-Mosaic code?) Secondly, it's just too damn risky. All you need is one (ex-)employee with a grudge, proof and the phone number of the FSF.
Note that I'm not saying all closed-source development shuns open-source code; merely that I doubt much open-source code is stolen. But what would I know? ;) And this is one time I really want to be proved wrong...
This is where the serious fun begins.
How many users are going to simply go "Oh, damnit, this version of windows came without media player, I'll just hop on over to MS's website and download it then"
as opposed to
"Right there's no player on here so i'll search the internet and do some research and pick between iTunes Winamp WMP and..."
If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
They were thoroughly convicted here (they even lied in court), and they never changed. They get convicted of the same in the EU, which surprises nobody, and Ballmer claims to be shocked, *shocked* that the EU would do such a despicable thing. He goes on moaning as though he's been wronged. Is he fooling ANYBODY?
This is an honest question, because I'm not sure but hope my hunch is correct: Is there *anyone* in the industry who gives one lick of credence to Microsoft's bitching about the ruling? Is there anyone who doesn't see directly through these press releases? Anyone who doesn't see this as a poorly contrived attempt at looking innocent?
TWW
"Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
The way I see it, Microsoft should simply have to comply right away. Then, if they want to lodge an appeal claim, then they are perfectly entitled to do so. If they win, they get their fine back with interest, as well as compensation for any money lost due to the other rulings. Maybe, as they say, once their systems are openly documented they cannot simply be UN-documented if they are found to be innocent. Then again, if a jailed man is found to be innocent, his lost time can't just be given back. That's the way the law works, and it needs to be the same for everyone!
one can only imagine what will happen if the source is public knowledge
I believe they were required to open up there undocumented APIs, not their source.
"Microsoft has consistently stated there is no interoperability shortcoming beyond natural technological barriers"
Make that, "beyond natural technological barriers, software patents and the DMCA-like laws."
I neglected that, but sure, that has to be a part of it as well. It would cripple them completely. I doubt you'd be able to even use windows on the net then. Who knowth though... And I am not shy about saying I hope it happens to them, that eventually they get broken up, lose their various incorporation charters, the whole nine yards. Some of the execs actually serving hard time behind bars.. Even if that means
rutan needs to find new financing...
They, same as everyone else in this world, had a chance to be an honest company but instead chose to go the route of greed, arrogance, bullying, and other sorts of no-goodnik behavior. A long time ago I actually admired them-until I actually learned what was going on with them in the business world. No different from Enron, just another huge weasel company. Their products are a different matter, some work OK, some suck,. about the same as any other humongous company, but their TACTICS are abhorrent.
All this is is a government cash grab. No one is forced to use windows media player. There are many other alternatives to using it, and users are free to pick whichever they want.
This isn't about monopolies, this is about opportunistic government offices and greedy people. Don't try to tell me that close to a half-billion dollars in cash is not a determing factor in this all. You can bet that at least a few people are going to retire on this. Think about that before you decide that the European government is some kind of altruistic entity. These are the same people who brought you the soon-to-be-abused patent system EVEN AFTER seeing the damage it caused in the US.
Next they'll be telling us that "You can't ship a filesystem with an operating system because it will hurt people's ability to interoperate with filesystems". It just won't end, and it's rediculous. Governments need to wake up to the stupidity around them.
If you want to bring the Microsoft empire down, make linux better by fixing it's obvious flaws and bringing it to the general user arena.
BeauHD. Worst editor since kdawson.
That was an article from early '00 - when Microsoft made a fortune from its VC investments. The world has changed - now they lose money on many of their start-up investments. (You think they're bad? Check out the recent success, or lack thereof, of Intel or Applied Materials Ventures.)
And having $56bn makes it hard for Microsoft to get "the best rates". It cannot move money quickly. Essentially it has to own US Treasury Bonds (nothing else is liquid enough for them), and we all know what they yield (especially at the short end of the curve. Nada.)
So, Microsoft does not get the best rates, has only limited opportunities, and gets a pretty poor return.
--- My dad's political betting
Not just that, but there is also the detail, that the EU didn't require MS to license anything for free, just "for a reasonable price". This means that neither Samba nor any other GPL'd software will benefit anything from this decision, unless someone big enough (perhaps IBM, for example) manages to negotiate an unlimited license for themselves.
However, other proprietary software vendors can now take any piece of LGPL'd ore more loosely (like BSD) -licensed OSS, and develop proprietary extensions to it using a license aquired from MS. This is still better for market than MS only -solutions.
“Wait for Hurd if you want something real” –Linus
Screw the code.
Screw the money.
Screw "business remedies".
All of these could be said to "excessively hurt Microsoft", and most importantly *do not reduce barriers to entry* (with the possible partial exception of the code).
What competitors *really* need is Microsoft forced to open their file formats and network protocols, so that they can fully interoperate.
Microsoft got where they were by bundling products together and keeping them from interoperating with competitors' products. Fining Microsoft and then letting them continue doing what they were doing may help out the EU, but doesn't do a whole lot to solve the problem.
There are *very* few arguments Microsoft can make against opening file formats and network protocols. There is minimal IP value in each -- it doesn't take a smegging horde of PhDs years of research to create the Word file format. It does nothing but help the consumer, and helps mean that Microsoft always needs to compete.
May we never see th