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Microsoft Won't Appeal EU Ruling

Ec|ipse writes "Microsoft has decided not to appeal the European court order to implement antitrust sanctions, Instead, Microsoft hopes to win their main appeal that they (Microsoft) had abused their software dominance."

42 of 188 comments (clear)

  1. Heh by WillerZ · · Score: 5, Funny

    Probably realised the lawyers would cost more than the fines.

    --
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    1. Re:Heh by PopeAlien · · Score: 2, Funny

      ..or its much simpler to simply buy the EU and bundle free copies of Euro-Clippy with all products to appease the grumpy naysayers that want 'competition' instead of 'innovation'. Hey look! a paperclip! and its talking to me!

    2. Re:Heh by bonch · · Score: 4, Interesting

      As if Microsoft cares. They're happy to pay lawyer's fees if it saves them face. I think they must've recognized that in some way, they simply would not win and that their money is better-spent on some different campaign. Expect them to publicly play "oppressed victim of the EU" soon.

    3. Re:Heh by ischorr · · Score: 3, Insightful

      What makes you think that IE 7 won't simply be a "patched version of IE 6"?

      I don't doubt that regardless of Firefox's emergence as a hotshot browser, Microsoft would not have been providing a browser in Longhorn with particularly new or innovative functionality, but it'd be odd for the marketing droids to allow IE to retain the "IE 6" moniker. Instead, I'd expect it to be named "IE NG" (next-generation) or something similar, after they'd revamped it with an Avalon interface (or something)?

    4. Re:Heh by truthsearch · · Score: 2, Interesting

      "...if it saves them face"

      No, if it saves them market share. It should be pretty obvious by now they don't care what you think of them, as long as you continue to "need" their software and no markets are closed off to them. They fight tooth and nail when a market is open to more competition for them or if they have to limit the bundling of their software. But patent and monopoly abuse cases are just settled, saving them money.

    5. Re:Heh by edxwelch · · Score: 2, Funny

      Plus, they already wasted enough money trying to buy off the CCIA $10M and Novell

    6. Re:Heh by flyingsquid · · Score: 2, Funny
      they simply would not win and that their money is better-spent on some different campaign.

      Like maybe a military campaign? I can almost picture Gates rubbing his hands together in Redmond and going, "Sure, I'll let you win this round, Europe" before launching his full-scale invasion of Europe.

      Of course, the winter assault on Moscow will be his undoing.

    7. Re:Heh by purple_cobra · · Score: 2, Funny

      And when his tanks fall stationary after experiencing a BSOD I'll bop him with my Mac. :)

    8. Re:Heh by Not_Wiggins · · Score: 2, Insightful

      No, if it saves them market share.

      More to the point, it costs them less to pay legal fees and fines than it would cost them to "play fair." I don't think any legal system moves fast enough to make the cost of non-compliance more expensive to Microsoft than the cost of compliance; hence, they'll continue to play these legal games.

      --
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  2. Why media player? by Bumjubeo · · Score: 2, Funny

    So they couldnt get internet explorer, they targeted media player. Microsoft sure has been playing it smart, I want a stripped down version without WMP!

    1. Re:Why media player? by Anonymous Coward · · Score: 2, Insightful

      What I want is to be able to remove Media Player, Internet Explorer, and Outlook Express.

      These three are just security holes.

    2. Re:Why media player? by oconnorcjo · · Score: 4, Interesting
      What I want is to be able to remove Media Player, Internet Explorer, and Outlook Express.

      These three are just security holes.

      They are just three SYMPTOMS of one security hole and that security hole is called ActiveX. If Microsoft was REAL serious about security in Longhorn, ActiveX would be rewritten with security in mind. Anything that is "ActiveX aware" can reformat your hard drive and more. These things include MS Office, IE, Outlook Express, Outlook, WMP, and the list goes on. COM/OLE objects are great but having a web site be able to run/install a com object onto a machine from IE is INSANE!!!! Somebody at Microsoft should have asked "what is to stop someone from abusing this technology?" and then decided not to implement it because they did not have a good answer to that question. If it was not for the lack of security in ActiveX technologies, MS security would not be so abismally shoddy.

      --
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    3. Re:Why media player? by Gr8Apes · · Score: 2, Insightful

      Active X is only one of the security holes. Most of the recent security problems with IE, Outlook, MS in general have nothing to do with Active X. Heck, even SP 2, which disables Active X by default, still leaves the PC prone to several buffer overflow attacks and more.

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  3. It's a shame by SCHecklerX · · Score: 3, Insightful
    That nothing was really done to a company that was found guilty of abusing its monopoly power

    Microsoft are criminals. Nobody should be doing business with them.

    1. Re:It's a shame by Greyfox · · Score: 4, Interesting
      IBM got bitch slapped for their abuses of their monopoly status. One of the reasons they couldn't market OS/2 effectively was because they were being so careful not to violate the terms of their agreement with the DOJ. Among other things, they were not allowed to announce products or features of products prior to the release of the product. If Microsoft were to be put under the restrictions that IBM was, we wouldn't hear anything out of them for the next two decades, because all of their current advertising methods would be in violation of the agreement.

      IBM is no longer the monopolist it once was, in large part because of the punishment they suffered for abusing their position. I don't think you could say the same of Microsoft. And I'm sure that Bill can accumulate the amount of the fine by simply going through the couches at his mansion.

      We could take a page from their marketing department though. Linus should announce a huge list of features for the 2.7/2.8 kernel series. If they don't all make it in, he can just announce that they've just been "delayed" until the "Linux Longhorn" release in 2020. Heh heh heh...

      --

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  4. MicroSoft by kerby74 · · Score: 5, Funny

    But.... Longhorn will fix all this, we promise.

  5. Nah, most probably by DJPaddy · · Score: 5, Funny

    ...They are afraid that some of the people in court might be reading slashdot, and saw yesterday's Ballmer ad, so they decided to abandon the case until this is forgotten. After all nobody wants to be laughed by a federal judge.

    1. Re:Nah, most probably by alw53 · · Score: 2, Interesting

      Actually MS seems to make pissing off judges part of their strategy. If they can get the judge to do something foolish, they get an appealable issue. This has worked in the past for them. I'm not really sure how well it works in Europe, probably U.S. is not too popular and MS even less so.

  6. So let me get this straight... by The+Angry+Mick · · Score: 2, Funny

    Microsoft will accept the penalty incurred under the anti-trust ruling, but will still appeal the foundation ruling in general?

    I'm glad IANAL.

    --

    I'm not tense. I'm just terribly, terribly, alert.

  7. So, what issues are they not appealing? by Onimaru · · Score: 2, Interesting

    I'm no expert in the EU legal system, so I could be out to lunch here, but I don't think an appeal is just another chance to duke it out. Usually there have to be specific issues preserved and reopened on appeal, and I can't think of what those issues would be in such a decision. Does anyone know what their grounds for appeal would have been? The law student in me is deathly curious.

    --
    adam b.
  8. API's by digitalchinky · · Score: 2, Interesting

    I was kind of hoping they would release the API's to the 'public' rather than just those willing to pay the extortion fee.

    Nice to see they are doing something, it's better than dragging it through the courts for years on end.

  9. *eyebrow raising* by TechnologyX · · Score: 4, Interesting

    Seems like they might have something up their sleeve.

    It would be nice to see them have to strip WMP and IE out of Windows, or at least preload Firefox and Opera on Windows along with IE. My friend just recently was ranting about "WHY in GODS NAME do I need to have Windows Media Player EMBEDDED into my server??"*

    *Disclaimer: I've never used any Windows based servers, and I haven't used Windows period since 1999, so I don't know if you can pull WMP out or anything.

    --
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    1. Re:*eyebrow raising* by TheRealMindChild · · Score: 4, Insightful

      Its called code reuse. Not done well, mind you, but MANY MANY linux distributions have the EXACT same problem.

      Take WMP for instance. It is really just a front end to the Windows Media API. Funny thing is, to install this arguably essential component of windows, Media PLayer comes with the package. They also do this for MAPI... thats why you get Outlook Express.

      In a nutshell, Windows started out as a bunch of tech demos for the underlying technology. Now Microsoft is developing the "Proof of concept" mini-apps into full fledged applications.

      P.S. Before the grammar nzi's strike, I do know that my spelling and grammar have a lot to be desired.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    2. Re:*eyebrow raising* by archen · · Score: 2, Funny

      "WHY in GODS NAME do I need to have Windows Media Player EMBEDDED into my server??"

      Clippy: "It looks like SQL Server is dying and NTFS is corrupting as we speak. Would you like to watch a video to see how to press ctrl+alt+del and pray to God that your machine can still boot?"

    3. Re:*eyebrow raising* by alephnull42 · · Score: 2, Funny

      I do know that my spelling and grammar have a lot to be desired.

      You mean that your spelling and grammar leave a lot to be desired.

      *duck*

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  10. Who get the $$$ from the fine? by Ironsides · · Score: 4, Interesting

    I'm currious here, who get the 497 million euro fine? The EU or charities or who?

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  11. Not a major drag by gilesjuk · · Score: 2, Interesting

    It's not hard for them to put out another release without WMP. They release newer OS CDs all the time, the latest boxes of XP on the shelves have SP2 integrated.

    It will be interesting to see how many people choose to install WMP.

    1. Re:Not a major drag by MoonBuggy · · Score: 2, Insightful

      While I refuse on principle to install WMP on my OSX box, the fact is that not having it has (AFAICS) put me at a disadvantage in that VLC (my primary player, handles near-anything & is FOSS) can only handle some .wmv files (and wmv files are the only things I've seen that it won't accept).

      As a non-MS using geek I have had to make a conscious decision (sensible or otherwise) not to use that particular piece of software and thereby deprived myself of certain content. For an average Windows user to firstly know what WMP is when IE tells them it 'Needs to be installed to view content', secondly see any reason not to install it and thirdly put up with 'Broken files' not playing because the alternatives won't play the .wmv is pretty damn unlikely.

  12. Software dominance? by blcamp · · Score: 2, Insightful
    "Microsoft has decided not to appeal the European court order to implement antitrust sanctions, Instead, Microsoft hopes to win their main appeal that they (Microsoft) had abused their software dominance."

    Their "dominance" will wither away, and quickly, if they don't start doing something about security issues.

    Then what will they do? Sue customers for running away?

    --
    The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
    1. Re:Software dominance? by netsavior · · Score: 5, Insightful

      Their "dominance" will wither away, and quickly, if they don't start doing something about security issues.

      That's like saying the U.S. is going to start to lose population quickly if they don't do something about their Medical Care or Foreign Policy. Sure Canada might have a lower crime rate and better medical care, but people just aren't willing to move away from a life that is warm, familiar, easy, etc.

      No matter what happens to windows, users will probably never switch, and certainly not "Quickly" (speaking in terms of a percentage)

    2. Re:Software dominance? by A+beautiful+mind · · Score: 2, Interesting

      Well, actually, both wrong (parent & grand parent).

      The dominance will stay for a while, but MS won't have large revenues either. Most people won't switch to *nix from windows just like that, BUT most people won't buy a new version of windows neither. That's why you see those weird statistics about win98 being still there in the top. Although, when these systems DO get really outdated (with hardware changes), most users WILL consider switching to linux if they know about it rather than buying windows.

      --
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  13. Media Player link by CPUgrind · · Score: 3, Funny

    So now when a link to a media file is clicked instead of opening Windows Media Player, Windows will probably open a Web Browser to download Windows Medial Player.

  14. No, no. Business as usual... by KontinMonet · · Score: 2, Informative

    From TFA: "...but it [MS] is continuing with a separate, main appeal against the Commission's decision that it abused the near monopoly of its Windows operating system..."

    So if it wins here, will sanctions eventually be dropped? It's just manoeuvring by MS surely.

    --
    Did he inhale?
  15. Congratulations Europe! by inteller · · Score: 2, Insightful

    You Lose! Now everyone selling this bastardized copy will be calling tech support asking "why can't I play this movie file like on my friends (with WMP) computer?

  16. A good move by MS by oconnorcjo · · Score: 3, Interesting
    I think MS is playing this smart. It is better for them to cooperate now and hope to kill the monetary penalty than to say "We will fight to keep Windows the way we want it!". I know they want to use WMP to take over another market but to INSIST that it must stay would just piss too many important people off. Better to fold on this and just keep WMP an easy free download and continue to pursue the strategy of convincing content providers that using WMP formats is the way to go.

    I am in no way condoning or approving MS business tactics. I am only judging the merits of the effectiveness of such strategies.

    My own perspective is that a music/video utility should be bundled with all OS's but that WMP is evil because it is being used to promote Microsoft's proprietary sound and video formats. MS is again relying on thier tried and true tactics of "embrace and extend".

    But since the EU "picked up" on this theme it is bettor for MS to be a little more "low key" with this strategy than be arogant about it. It seems MS is grown a little wiser since the AntiTrust trial in the USA (despite winning it).

    --
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  17. What they should do... by Nightspirit · · Score: 2, Insightful

    To European customers they should sell a stripped down version for the same price that includes almost nothing. Not even notepad, IE, screensavers, windows update access, or minesweeper. Then they could sell an add-on CD for $29 that includes all the typically imbedded programs.

  18. Re:What a Freakin' Waste of Time! by penguinoid · · Score: 2, Informative

    How is this case going to benefit anybody but Real Networks or Apple?

    By opening competition in the media player market. Most users would be too lazy to search for and install the superior media player if one is already bundled (integrated?) into Windows. I think that it would be pretty cool if Microsoft sold Windows, and users could choose to insall any "distro" they want, or a custom one, rather than just IE + WMP + MSOffice.

    I thought the point of breaking up the "Microsoft Monopoly" was so that people wouldn't be "forced" into using Microsoft's unstable and unsecure operation system

    No, it was to prevent them from forcing people who already do use Windows to use stuff like internet explorer, allowing them to take over the browser market, etc.

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  19. Re:am i missing something? by SumDog · · Score: 2, Informative

    You can not remove IE. There is an option to remove it in components, but give it a try sometime, and then open up My Computer and type in a URL into the address bar.

    I haven't tried the same with Windows Media Player, but I doubt it can be fully removed either.

  20. Re:This is about EU vs US by Linzer · · Score: 2, Interesting
    However in the long run, it will be Europeon consumers who are the losers.
    Wait... many Europeans regard themselves as something else than mere consumers. Even if consumers lose something, it may be good news for people in general.
    --
    Gravitation is a theory, not a fact.
  21. They WILL appeal.(No one read the article, right?) by valentyn · · Score: 2, Informative

    Yes, I know this is Slashdot. Yes I know.

    Yet, the article states very clearly: "Microsoft said it would continue to appeal the Commission's landmark ruling".

    The only thing they won't appeal is the court order to "immediately implement antitrust sanctions".

    This only means they will not appeal the ruling that says "you need to implement this NOW", which is in fact a ruling to the appeal they made to the main sanctions (sorry for getting complicated).

    Appealing this "NOW!" ruling would not make any difference for the "NOW!" part, and it will not make any difference for the damages Microsoft will claim for the main case. And as there are no extra damages to the NOW! part, there's nothing to do here - which is exactly what Yahoo says.

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  22. Re:Guess what, dude, it cost millions of dollars by Simon+Brooke · · Score: 2, Informative
    [Guess what, dude, it cost millions of dollars] To write and document those APIs. So can you give me one reason why they should give them away for free?

    How about 'they've been found guilty of criminal activity and have been ordered by the court to do so in partial restitution'?

    --
    I'm old enough to remember when discussions on Slashdot were well informed.
  23. Great Idea Except... by EXTomar · · Score: 2, Interesting

    Most of the mini-apps aren't applicable in the enterprise. If you need a cluster DB setup, why do you need the Windows Media API let alone the client bits installed on the machine? It simply isn't applicable and worse it is unremovable.

    But that is an extreme case. In a more practical setup, why does Microsoft get the say on installing any software like WMP on my grandmother's machine? As you noted, because the way Microsoft has developed the technology installing one piece of technology to solve a problem often means you install many more pieces of software none of which solve the problem (let alone you maybe interested in). Why? Because they want to sell server technology solutions to some other unrelated vendor? Something is fishy about that.

    I guess the grand question is how fair or legal is this? I don't know if the EU is doing the right or wrong things for the right reasons but I can tell you it sure stinks from an IT perspective. Being forced to solved problems on software you didn't want installed in the first place but because of some dependance you have to stinks.