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Microsoft EU Monopoly Appeal Thrown Out

smnicoll writes "The European Court of First Instance has thrown out Microsoft's appeal to have penalties for the abuse of monopoly suspended, reports BBC News Online. 'Microsoft's application for interim measures is therefore dismissed in its entirety,' The court's statement said. 'The evidence adduced by Microsoft is not sufficient to show that implementation of the remedies imposed by the Commission might cause serious and irreparable damage.' The commission's case is mainly focused on Microsoft's integration of Windows Media Player into the operationg system and the effects that has on the ability of Real Networks and Apple to get their rival players used." Similar stories at Bloomberg, CNET, and Reuters (via CNN).

14 of 402 comments (clear)

  1. Precedent.. by DenDave · · Score: 4, Interesting
    This is a very interesting precedent and it will be intersting to see what the reaction from the industry will be.

    http://informationweek.com/story/showArticle.jhtml ?articleID=18401556

    has some of the better comments from the bigwigs at Redmond..

    My favourite being:
    This is a case that started in the United States. Microsoft is an American company.

    Sorry but then perhaps you should keep your company in America ...

    --
    -if at first you don't succeed, stay the heck away from paragliding.
  2. 120 days by protoshoggoth · · Score: 4, Interesting
    "Microsoft has 120 days to comply with an EU sanction compelling it to disclose Windows code that will make it easier for server manufacturers to work with Windows."

    Hasn't it been 120 days already, or do they get to start the clock now? (again)

  3. Re:Serves 'em right by TheLogster · · Score: 2, Interesting

    Actaully - I have always found the MS windows media player to be far better that the QuickTime Player, and the virus that is know as RealPlayer. But, hey, that is my opinion.

  4. Mandate, not precedent by SgtChaireBourne · · Score: 2, Interesting
    Following precedents is rather like walking backwards. i would rather there have been a mandate that audio and video codecs be open.

    However, the remedies being upheld is a good thing. This may put a bigger wrench in M$ plans by not only preventing the desktop audio / video market from closing up, but also HDTV and DVDs. M$ has had its eye on all three and the desktop monopoly could have done much more harm if HDTV over IP were to become available only via WMP.

    Let's hope this support of the March decision gives open codecs like Vorbis and Dirac a boost all around.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
    1. Re:Mandate, not precedent by tomstdenis · · Score: 2, Interesting

      I don't seeing that happen any time soon [sadly]. There are still quite a bit of "win32" only users out there that like inferior computing environments.

      Though eventually FOSS OS'es will erode win32's hold sufficiently that they will lose critical mass.

      All in all my biggest gripes with Windows iare

      1. It's too expensive. 300$ for an OS is what I paid for my CPU [thereabouts]. I value my AMD64 more than windows.

      2. It's too "feature bundled". I'd prefer a smaller install of the core components and let me pick up additional programs as I choose

      3. Lack of good development environment. No good shell, no POSIX.1 and the MSFT tools [visual studio] are huge, slow and really specific to windows [what if I want to make a cross-platform GTK application?]

      4. Adding all these bonus-added value features took time away from making the OS stable and secure. It's easy to crash win32 to the point of having to power cycle. It's also easy for "real-time" scheduled tasks [re: games] to hog 100% of the cpu and make it next to impossible to kill them when they go awry [CTRL+ALT+BACKSPACE y0!]

      So if they just made windows cheaper, smaller, more standards compliant and easier to control it would be a good OS...

      that or I could just install a Linux distro [say Gentoo] and give MSFT the finger. ;-)

      I prefer the latter.

      Tom

      --
      Someday, I'll have a real sig.
    2. Re:Mandate, not precedent by fritz1968 · · Score: 2, Interesting

      What microsoft has to realize is that if they didn't market 95/98 so poorly and peddle these half baked programs and simply focus on a solid core OS.... they would be better off.

      I both agree and disagree. I agree that they would be better off because they would have a more secure OS. However, I disagree because if they did follow your advice, they would not be half the size they are now. One of the reasons that MS became so big (well, besides being evil) is that they made the OS easier for the user to use it. The quickest way to make it easier for the user was to "integrate" everything... regardless if integrating everything meant less security.

      However, if MS followed your advice, we would have arguments over which is better... OS/2 Warp or MS Winders?

      --
      It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change.
  5. Smack down by HangingChad · · Score: 1, Interesting
    It's really fun to watch MSFT get their butt handed to them. Big fine, court appeal DENIED, now STFU!

    No sympathy for them at all. They deserve that and more. Weird such a big company with so many people who absolutely hate and despise them. You don't find that many people hating GE.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  6. Re:People need to stop flaming by 10Ghz · · Score: 1, Interesting

    It's really hard to come up with a "positive view" of Microsoft, after you get screwed by them. Over and over again. No, they are not a "almost-monopoly". They are a monopoly. That is a fact that has been upheld in a court of law. they are criminals, and I don't want to give my hard-earned money to a bunch of criminals

    Why exactly should I have "positive view" about them? They are a monopoly, they use illegal methods to maintain their monopoly. They use their OS-monopoly to gain monopoly in other areas (which is illegal), they charge too much for their crappy, virus-ridden software, they use lies and deceit to undermine competition, they push closed proprietary standards, while trying to squash open standards and they stifle innovation.

    Pray tell: what "positive view" should I have? Well, the mice they make are OK, I'll grant you that.

    --
    Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
  7. Re:Not so fast... by Total_Wimp · · Score: 2, Interesting

    BTW, if it stands, this is a hit against MS on two major counts: the original ruling required them to open up various information for interoperability purposes, and to produce a version of Windows without Media Player integrated.

    I can't help but find part of this a little sad. We've been so completely bullied by MS that we actually believe that the consumer being able to say no to free a "portion of the OS" is a major hit against the software maker.

    This is not, in reality, a hit on Microsoft at all. It's just a defensive move on the part of the consumer. It's the difference between us putting on a bullet proof vest or actaully getting a gun and firing back. We have no gun with this ruling.

    I understand why we would be happy to put a halt to one or two of the barrage of bullets, but MS is still very much winning. If they can make us jump for joy over such a minor protection then our chances of ever actually getting a level playinf field are slim indeed.

    TW

  8. What about Linux and Apple OS X? by numbsafari · · Score: 2, Interesting

    Does this mean that Linux vendors will no longer be able to ship a pre-installed media player? What about Apple Quick Time? Will it have to be removed from OS X?

    Or does the "level playing field" only apply to Microsoft?

  9. Re:Who are they considering their real competitor? by bhima · · Score: 2, Interesting
    While I hate Real Networks as much as the next guy. I don't think comparing Apple's including QuickTime with OS X to Microsoft activities is fair, if only because installing alternatives is easy and they do not fight each other over default file opening options like what goes on with windows...

    So I can easily use QuickTime with the files it supports and VLC for others and restrict Windows Media Player for listening to NPR (I really like All Songs Considered). I never have

    Oh and you're right on about Winamp

    --
    Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
  10. It's not the packaging, it's the bundling. by biendamon · · Score: 3, Interesting

    If you could uninstall all of WMP, there wouldn't be a problem. It would be a simple matter for Microsoft to make WMP an optional component; it certainly was in the past.

    You can remove up2date from Redhat distros. Same thing for apt-get and Portage. But you can't remove WMP any more than you can remove IE from Windows. You're stuck with it. And having it on a server makes about as much sense as having IE on a server.

  11. Re:Serves 'em right by Alioth · · Score: 4, Interesting

    The EU simply doesn't have the power to take any other remedy. They can't order that Microsoft be broken up because Microsoft is not a European company. Only the US can do that, and they haven't.

    The best the EU can do is fine MS and order them to unbundle software. Personally, I'd like MS to have to unbundle *everything*, including Notepad, and leave it up to the OEM to decide what MS software to add (on an a la carte basis to the OEM) to their basic software load. So, for example, HP in Europe would be within their rights to install barebones Windows XP plus Firefox as the browser, but take the Microsoft components for other things - instead of being forced to bundle the entire lot as they are now.

  12. The US shit itself by Anonymous Coward · · Score: 1, Interesting
    So why is it the Eurotrash cry to the WTO when ever the US government makes a belated rememdy for the illegal trade practices of European and Asian companies? Isolationism and using our large market as club was the right way to do things. I would love to see a strong and real "America First" government just wreck the european and asian economies.

    Why did the US shit it's pants and run to WTO whe europe impossed tarrifs on US steel. When has America used it's market as a club? The best thing for the opwrld wouild be for the US the revert to isolationism.