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Microsoft's EU Appeal is Ready

Posted by Hemos on from the the-battle-smolders-on dept.

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."

8 of 150 comments (clear)

  1. Wait a minute... by Mz6 · · Score: 4, Interesting
    OK... I read the article but I don't understand this part. If they were found guilty of abusing their monopoly, why are they required to make a enw version of Windows with it's media player built in? Doesn't it already have it built in? Anyone care to explain?

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    Hmmm.
  2. Interest by rubicon7 · · Score: 5, Interesting

    Assuming 1) it takes three years for the appeal process to be completed, and 2) Microsoft will not pay the fine until they *lose* the appeal, will they also be liable for the interest on the money? Its not an insignificant amount...

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    --- We are not in the 8th dimension. We are over New Jersey.
  3. What if microsoft wins? by Barsema · · Score: 4, Interesting

    What happens if Microsoft loses its request to suspend the remedies, so is forced to pay the fine and open up parts of Window's and subsequently wins the apeal?

    OK, the EU can repay the fine (with intrest) but once the code is open it stays open.

  4. Even if they lose... by the_rajah · · Score: 4, Interesting

    it's a drop in the bucket compared to their $60 Billion in cash. It is just a simple "cost of doing business" for them. Not that I wouldn't be surprized if they rolled over on this without and appeal, but think about it.

    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain

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    "Do the Right Thing. It will gratify some people and astound the rest." - Mark Twain
    1. Re:Even if they lose... by jimicus · · Score: 5, Interesting

      You missed the point. The 497 million euro fine isn't supposed to achieve much. Being forced to open their APIs and standards is the kicker.

      Samba, for instance, could go from being a pretty good if not always complete implementation of SMB to a complete drop-in replacement very quickly indeed. Developing a complete replacement for Exchange which can interoperate with an existing Exchange setup becomes much more faesible.

    2. Re:Even if they lose... by michael_cain · · Score: 4, Interesting
      it's a drop in the bucket compared to their $60 Billion in cash. It is just a simple "cost of doing business" for them.

      It's not the fine that's the big deal in this case, it's the requirement that they build and sell a version of Windows without Media Player bundled and/or integrated. Assuming that it stands up on appeal, it sets a precedent that MS cannot arbitrarily bundle and/or integrate what were applications "into" the OS. And that they have to reveal the APIs so that other firms can develop components that can be used in place of the MS ones.

  5. 600 million dollars by Prince+Vegeta+SSJ4 · · Score: 5, Interesting
    well about 612.7, but anyway is this part of the judgment enough for M$ to care about other than how it looks in the press?

    Looking at the current stock price of 26.13 we calculate the number of outstranding shares at about 10,792,192,882.

    The last dividend payment was 0.16 a share, which would come in a total of $1,726,750,861.08 , so they cut the dividend by a third for one quarter - big deal.

    I guess what they really care about is having to open up their source, with all of the recent exploits, one can only imagine what will happen if the source is public knowledge (a whole new can of worms - ba da bing). It could be a public relations fiasco, especially if it comes to light that there are many exploits that are or should have been known by MS.

  6. Their deal with Sun could hurt their arguments by ChrisRijk · · Score: 4, Interesting
    Microsoft's Sun Accord May Hurt It in Dispute With EU
    Competition Commissioner Mario Monti on March 24 said forcing the Redmond, Washington-based company to disclose the inner workings of the software that powers more than 90 percent of personal computers was necessary to ensure it doesn't exploit its monopoly. Microsoft argued the ruling will cause ``irreparable harm.'' The following week, it agreed to license technology when it settled its decade-long dispute with Sun.

    ``One could be forgiven for wondering whether this agreement and the huge payment to Sun were really needed, given that Microsoft has consistently stated there is no interoperability shortcoming beyond natural technological barriers,'' Lafitte said.