Microsoft Sues EU
mormop writes "News.com is reporting that Microsoft is hauling the European Commission into court." The case is in response to "imposed sanctions against the software giant, including a record fine of about $621 million (497 million euro) in March 2004, in a case that also covered the bundling of Microsoft's Media Player with Windows, but the company has not entirely carried them out."
Microsoft agreed to let a court rule on the matter and provide more specific guidance, so the case is really about whether these protocols will be available to FOSS projects which could then publish their code that works with the protocols. TFA does not say that the case reaches any broade than that or touches on the $621 million penalties at all.
So what the case really seems to be about is not the whole EU judgement or Microsoft "hauling the EU into court" (an inflammatory phrasing), but Microsoft trying to "open up" the protocols as ordered, yet keep them closed to a certain extent by requiring an NDA from anyone who got access to them.
So, is the Slashdot summary a bit overreaching in its description of Microsoft's actions? IMO, yes. Does it make what Microsoft is doing right? IMO, no. I believe that these protocols are very basic ones and essential to interoperability. By denying them to FOSS projects, they hobble those projects in their ability to compete on an even playing field. The idea behind anti-trust sanctions is to make the playing field more even.
Opening these protocols to FOSS projects is not likely to cause Microsoft irreparable harm. The only danger I could imagine is that opening them will expose a megaplex of holes in the protocols and we'll see a rush of exploits that make the worst Microsoft security issue in its history seem like a minor incident. Then it will harm Microsoft because it will cost them billions in sales as people migrate to non-Microsoft server software to escape the invasion of worms and other exploits poking through those holes.
Start a happiness pandemic
You now have a concrete example of "lawful evil", for anyone who asks.
Someone using bureaucracy to bring the entire process down to a slow enough crawl that by the time it's resolved, it's no longer relevant, thus allowing the company to get away with whatever they want.
While twirling their long waxed moustaches.
I wonder what the real underlying reason to all of this legal wrangling is. Is Microsoft really that concerned by Open Source Software putting them out of business, or are they more concerned about the general public seeing how flawed and inefficient their communication protocols are?
It is all good either way to me, I'll stick with my servers all running Linux, with the communication protocols of them freely able to be examined and understood. I also know that my Linux server can handle way more connections and traffic then a Windows server ever could imagine...
It is only a matter of time, before Linux totally takes over the server market, making such legal battles a thing of the past...
Microsoft, stop being a big bully, and start sharing with the little guys...
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Microsoft vs Earth ... Oh, the hell with it.
Microsoft vs The Martians
Microsoft vs Santa Claus
Microsoft vs Mike Nelson, Crow, Tom Servo
Microsoft vs
- Just my $0.02, take with a grain of salt, your mileage may vary.
what next?
TODO: 753) write sig.
So now you can Sue People who don't buy and use your products. Because they didn't buy and use their products. That sounds rather monopolistic to me.
If something is so important that you feel the need to post it on the internet... It probably isn't that important.
uh.. eh, forget it.
Counsel: We get signal.
European Commission: What!
Counsel: Main screen turn on.
European Commission: It's you!!
Gates: How are you gentlemen!!
Gates: All your base are belong to us!
A feeling of having made the same mistake before: Deja Foobar
At the bottom of the page there's a button for "Microsoft Alerts"
Do I really need to say it?
This sig is false.
Microsoft suing the EU in a European Courtroom...
Whos.....they must be smokin some of their software
So my understanding is that if somebody asks, MS must open the protocols and provide info. What's the point of an NDA if anyone else could get the disclosure from Microsoft? Who are you hiding it from?
Is this but another step for Microsoft's world domination?
Not only "land of the free" but "land of the lawyers" who love a good old 1st amendment smackdown. Shihar 153932
Even though the chance of MSFT winning is small (europe has a powerfull yet "sane" government) But If they were to beat the EU into submission it should be considered the dawn of the european era in which corporations are more powerfull than governments.
perpetually dwelling in the -1 pits
Where the Hell is anyone who knows anything about anything? Why is it the only non-slashdot place I've seen them get called out is in the Opera guy's blog?
Seriously. This is a question about journalism, viz: Is there any (journalism)?
My turnips listen for the soft cry of your love
Not surprising, this is why they want their pwn XML standard. They actually demonstrate very little faith in the merits of their products, such as MS Office, by such acts.
A feeling of having made the same mistake before: Deja Foobar
How in the hell does Bill Gates walk around with such enormous balls?
It's interesting because, on the surface, Microsoft appears to be actually loosening up a bit about its fistful of secrets. "Why don't we set down some general rules about who can see our code, and let the courts decide on a case-by-case basis?"
/. post. :)
It almost had me fooled, too. Then I remembered that Microsoft, with its army of lawyers, would surely turn any lawsuit with a small F/OSS group into a circus. It seems MS doesn't even have to push through its agenda these days, all it has to do is agree to looser terms and then throw money at it to tighten it further.
Oh, and first
Skype is too convoluted... Now I'm reverse-engineering the Kyoto Protocol.
Coordinate my @ss.
Defend America: Deport "President" George W. Bush To The United Kingdom.
Patriotically as always,
Kilgore Trout, M.D.
That's 16 Tonnes, thank you!
"Can there be a Klein bottle that is an efficient and effective beer pitcher?"
It always makes me laugh to see a grammar flame that is grammatically incorrect.
Microsoft's interoperability plans are: "We want to support as much stuff from other as we can, but we DON'T want anyone to support our own stuff"
They REALLY don't want to open those protocols.
I R LINUX FAN BOI
This is I think the third or fourth time this week I'vee seen ScuttleMonkey edit together a story that blows the linked article's content way out of proportion. ScuttleMonkey isn't the only editor who does this of course, just the one I've noticed recently.
Come on editors.. Hitting the paranoia button is not only a good way to generate (speculative, innacurate) discussion and get people to see more ads but it's also a great way to lose your readership.
I still believe the whole issue of why they will not release certain criteria, and also the extreme delays they suffer fromis due to them using FOSS/OSS/GPL stuff.
Why re-invent the wheel (not that MS ever did, but you get my drift)?
I think they have certain stuff in their code _they_ cannot allow to be viewed due to this - hell, if you got a monopoly then what is there to be scared of? Nothing...
Replacing one monopoly with another is hardly sensible is it
"Linux" is not a monopoly and can never be .. there are DOZENS if not hundreds of companies supplying Linux, working on Linux, supporting Linux, improving Linux etc., and due to the Linux, it will always be this way. Always.
The GPL levels all uneven market entry barriers - anyone can get in to the market, and everyone can come in at exactly the same level as existing players, because the entire codebase of each competitor is available.
I've often said there is nobody I'd do that to. But now that I think about it...
"IIS 6.0 against Apache 2.0
This will all be meaningless in 10 years when we are buying new computers pre-installed with Open Source software instead of being forced to use Windows. Microsoft has gone from market domination to downright bed wetting in the past 5 years... it's only going to get worse for them unless they play ball, and playing ball means they interoperate with Open Source. The writing is on the wall, and they know it. They are just trying to stall while still making a buck at this point.
Has anyone considered that perhaps they simply don't have docs which are complete and accurate enough to allow a reliable reimplementation? I mean, how old is SMB/CIFS? How many kludges has it got tacked on? Where do you get the idea that, at this point, anyone could write a spec for that protocol that accurately and completely describes how it behaves short of just forking over the code?
From a PR standpoint, having this come out would be bad. But with an NDA, no one will ever be able to tell the story.
No thanks, please ship him to Venezuela instead, they'll more than likely welcome him with much joy and parties and feasts.
"The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
"Lets try fighting instead of legal wrangling."
Dude, other than Germany and England, there's not a decent soldier in Europe.
Oh wait. The French. Bwahahahahahaha.
Where is the slashdot review of Microsoft Student, which is supposed to be quite a nice app?
Or does slashdot only report on the bad things MS does?
Their code and design has been a secret for a very long time
Actually, they have not - the groups that are writing exploits have long ago dissasembled the code for these things and know exactly how they work. That's where the exploits come from.
So by continuing to keep these protocols secret the only people they are preventing from obtaining this data are the ones that need it for ligimate needs, and thus would be less included to want to have to reverse engineer the whole system. The people writing exploits will probably find it a little more convienient knowing the specs, but it will not tell them much they don't already know.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
"Opening these protocols to FOSS projects is not likely to cause Microsoft irreparable harm. The only danger I could imagine is that opening them will expose a megaplex of holes in the protocols and we'll see a rush of exploits..."
I think a bigger issue lies around Microsoft being forced to "give away" technology (source code) that they've invested money to develop. Lets face it, the Microsoft developers who created the code didn't work pro-bona.
Microsoft has spent an untold number of dollars to develop, interate and develop again that technology. Requiring Microsoft to give away code seems to set a dangerious precedent in the commerical software world.
> ...broad licenses for the source code of
> communications protocols...
That's a lie. Publication of protocols does not require the publication of any source code whatsoever. Same goes for file formats.
Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
It's just business. Microsoft aren't alone in this sort of thing. Do you think IBM open everything of theirs to their competitors?
Well, there's Eclipse the leading IDE. Yes, they opened the plugin spec for that.
Or there's IBM using open Grid protocols for grid computing projects.
The mistake you are making is in thinking it's "Just Business". That never is quite true as the overall character of businesses is defined by the people that run them. Do you think Oracle or Apple would operate the same way without the leaders they have at the helm? It is no different for Microsoft who have Balmer and Gates, each of whom have told open source exactly where they can put that olive branch of interoperability.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
I don't know why Microsoft is constantly under attack for its bundled applications. Media player has been a part of Windows since 3.1. It has until recently been a simple low-key application but I don't see why MS should be penalized for enhancing their product (love it or not).
The same thing went on when MS included the original MSN client in Win95 and AOL cried foul. Should MS not be allowed to run their own dialup service? Is it wrong for MS to run its revamped MSN websites then? This is something of a moot point since the original MSN sucked and AOL had nothing to worry about.
Then there was the browser bundling debate. Considering that Mosaic and Navigator were being given away for free to all but business users why must MS be berated for giving out a free IE with Windows? IE 1-3 were pretty mediocre and any other company with enough motivation could have out competed them with a better browser and tried to forge a workable business model (however unlikely) or get bought out by MS.
Should MS be punished for bundling TCP/IP when this is a service that could be provided by third party applications?
Then they have their insidious sub-licensed version of the Norton drive defragmenter. Do we just sit back and let them get away with this blatant corporate favoritism? How can another defragmentation company expect to compete against that? Should we even allow MS to sell products that use NTFS since it "unfairly" obsoletes the defregmentation market?
There used to be third party graphical shell replacements for Win3.1 and a few for Win95. Shouldn't we force MS to sell an OS with just the kernel and drivers and no GUI so we can have fair competition in this important marketspace.
Why isn't MS accused of unfairly dominating the plain text editor market by bundling notepad? I say there should be a special EU version of Windows with notepad removed in the interest of fair and balanced competition.
I am becoming gerund, destroyer of verbs.
Being told you "have to" interoperate with Open Source is not trivial.
Bundling is inherently good - it benefits the consumer, except in the case of monopoly.
Microsoft established, through questionable means, a monopoly for desktop operating systems. They are now trying to parlay that into other monopolies.
In short, they're being "punished" before they can establish absolute control over things like media formats, network protocols, document formats - although it is more or less too late, now.
Some people said there would never be an European currency.
Microsoft is dealing with something they've not come across before. Not only have they not got the protection of a government who does everything it can to look after it's own but the officials can't be bought off like Washington and the EU has enough power to stand up to US pressure - it's not like we're depending on US financial aid.
Conor "You're not married,you haven't got a girlfriend and you've never seen Star Trek? Good Lord!" - Patrick Stewart
Indeed. I understand this point. But the idea of the NDA in general seems odd. If anyone can view the source by asking (with an NDA) wouldn't that make the only ones who *couldn't* use the code be open-sourced projects?
Basically, a clause that serves only to detriment OSS...
The filing with the ECJ is here and previous documents can be found here.
Note that FSF Europe (among others) is listed as a supporting party to the commission in some of the earlier documents which is quite amusing.
or an union of countries, there is a problem. When those countries will learn to sue those monopolistic companies, WE the people will get something in return. No shareholders should have so much power, and no CEOs should be able to sue countries. In fact, this whole model is a pain in the ass. Give power back to the people! Not the companies (and their RICH share holders!)
MS is starting to sound like the US government.
"Whilst it is simply a text editor, it does change the "accepted" format of text files by including an additional linefeed after every carriage return (UNIX and most other systems just use carriage return)."
I can't help but be picky here.
Unix end of line characters are "linefeed" 0xA
Mac (not Darwin) end of line characters are "carraige return" 0xD
Dos/Windows uses CRLF 0xD0xA
So when you edit a DOS file, in a unix app that isn't aware, you see control M (^M) characters on the end of each line. As the CR comes before the LF.
When you edit a mac text file, in a unix app, all the text appears on one line.
Technically CRLF is the correct way to end a line.
LF only moves down a line without returning the carraige (positioning the cursor/printhead at 0)
Thus getting that staircase effect when you print text files on some printers.
CR repositions the print head at position 0 but without moving down a line, so you get over print.
It could be argued that back in the early days, that using 2 characters for an end of line was too resource hungry, so using one was standardised.
And for those who are interested
Carraige Return: CR 13 0xD '\r'
Line Feed: LF 10 0xA '\n'
Court Wars: Episode V "The Empire strikes back"
First of all, the idea of making Microsoft share its proprietary protocols and algorithms seems faulty. Whatever protocol details Microsoft shares, rival vendors will never be able to compete at par with Microsoft for writing utilities for Microsoft's own OS. The very idea of "fair trade" seems loose there. Instead of sharing source code, Microsoft could share protocol "specifications" such as interfaces and properties. The free open source software groups could then use these specifications to develop software without being at risk of violating the NDA.
"and the rest will continue to pay for MS products even if the disks come out of the box blank."
Actually, that's the upside. It seems a lot more reliable than the actual MS Server product, and has a marginally superior sysadmin interface.
since google has a search engine monopoly should they have to let Microsoft look at it's code?
this is all about power, and microsoft has lost this case long ago. in europe, they have no bonus. europe is 95% as corrupt and lobby-made as the usa, but these 5% do make a difference. it's not about bundling windows with a certain type of software, that's a facade. it's just a game, and microsoft will lose. and the only reason they are fighting is: europe is a growing and yet undecided market.
On second thought, let's not go to Camelot. It is a silly place.
There are quite a few EU countries that would agree to an european army (of some sorts). Some trials to that extend have already been tried out, even. Notably France, Germany and the Benelux-countries are interested in the concept.
Alas, many are against it too, most notably the UK...and since it's still a veto-right in this regard...
I would say it's an argument for having a europe at two speeds; one for those who want to go further, and one for the rest who don't feel like it. Seems fair too.
But alas, even to that the UK objects.
--- "To pee or not to pee, that is the question." ---
You are one of the biggest fools on this site Garcia. You constantly go on about propaganda and about how you are "right." Yet you'll bag anyone else out if they don't fit the slightest view of your universe. And judging someone by their UID? HAHA that is laughable. Especially considering the guys UID was in the lower hundred thousands.
You are pretty obnoxious, if I met you in real life I'd give you a slap across the face.
"...but being black makes practically no difference anymore..."
Statistics disagree. Socio-economical, it makes a BIG difference.
--- "To pee or not to pee, that is the question." ---
which is covered by lots of patents, and even though they grant use of those patents roylaty free, they still keep F/OSS from using them because they a specificly exempted.
> (total dollar sales of servers preloaded with Linux by the major
> manufactuers) will exceed that of MS by 2012.
Not that I don't trust the word of some random Slashdot poster, but, well, I don't. Any cites for that claim, and any reason to believe such projections are accurate enough to be extended out 7 years, which is rather a long time in computer terms?
Not that it matters---Linux exceeding MS's market share won't amount to the domination MS has now, which was the original poster's point.
And which is probably true.
And which is probably good---too much domination from any OS---even if it's "ours"---risks stifling the industry.
After all, in North Korea, you get to sue the regulatory agencies.
The European Union screwed up: forcing Microsoft to publish protocols to only proprietary vendors is just about the worst outcome possible. Furthermore, source code for portions of the system is nearly useless.
Microsoft should instead be forced to publish openly and without restrictions specifications (but not source code) for all communications protocols and file formats used by their software, with steep penalties if their software fails to comply with those protocols and formats.
MOD Parent Up
My point was, there are countless software vendors out there that don't open their specs/protocols.
The difference is that those software vendors have not been convicted of illegal monopoly actions in a court of law. Microsoft has, in multiple jurisdictions.
Maybe monopoly was too strong a word.
There's this widespread misconception that "monopoly" means "it is the most popular product" or "it is the only popular product". This is not the case. "Monopoly", in the sense people talk about when they talk about governments enforcing things against monopolies, has different and very specific legal connotations having to do with the way in which market power is collected and used. This is a very important distinction to make. Governments are not in the business of punishing products or businesses just for being successful. They are, however, in the business of identifying products or businesses which are having undue and negative effects on their own market, and remedying this situation.
Of course, apparently if you are a government, do your own job and Microsoft will sue you.
Irritable, left-wing and possibly humorous bumper stickers and t-shirts
How embarrassing it would be if half of your army surrendered at the first shot!
</flame>
Entente Cordiale
Add to the fact MS might have lost China and quite a few other contries too and you might get the idea that MS is destined to be an irrelevant national player instead of International player.
Perhaps we should start a score board.
Art Makers Just an excuse to show photos of naked women !!
> You can't have a monopoly on Linux. Thats is most of the point. As open source it will never be locked to one vendor.
That's not really true though. Take Apache, they are an effective monopoly in many areas. The mere sniff that Apache may be considering doing a version of your project and interested and developers dry up - much like if Google or Microsoft had done the same.
An example? Take Harmony (remember that?) an Apache OSS effort to build a Java Virtual Machine ahd Class Library. Just the announcement has been enough for people to lose interest in other OSS JVMs - we're waiting for Harmony they say. The fact that Harmony has gone, and seems to be going, nowhere doesn't matter (they are currently tied down on coding standards rather than coding).
The Apache guys have every inch the arrogance of Microsoft or Google coders. GNU Classpath - "a misdesigned crock"... other JVMs "could be coded on a Sunday afternoon".
Yes yes I understand the legals, you can just fork but when you have a mindset as strong as say Apache it is hard to make any independent headway.
It just shows the power and arrogance of Microsoft when they start suing groups of politicians and law makers.
The EU is acting on behalf of the EU people to stop the monopolistic practises of Microsoft.
Microsoft sues you!
IIRC, this is all they're being asked to provide - documentation on their protocols, interfaces and APIs.
The confusion between this and the actual "source code" was introduced by MS and their lawyers, because saying "they want to look at our Intellectual Property" sounds a lot more sympathetic than "they want us to give competitors the merest chance of interoperating with our software".
Everything in moderation, including moderation itself
I love hearing news like this. I glow with happiness every time MS gets knocked down a peg.
Microsoft sues the Government!
- 4r0g
And I had almost banished that image from my mind. Please, next time think of the vanishing group of innocents who have not seen this photo yet.
The Commission doesn't really have a coherent strategy with respect to the software market. On the one hand, they are after Microsoft for allegedly anti-competitive conduct. On the other hand, the Commission was a key driving force behind the EU software patent directive that, fortunately, the European Parliament threw out on 6 July. The Commission has for years been lying to the European public with respect to the effect that their proposed legislation would have had. They said that it wouldn't have allowed for patents on software, but that's what it was all about, and everybody knew it. I know that some accuse the Bush government of having misled the public on Iraq and WMDs and terrorist connections, but the Commission lied even more shamelessly with respect to software patents.
Let's assume the Commission were to succeed with its Microsoft anti-trust case, and let's also assume they had succeeded with their effort to legalize software patents in Europe. On the bottom line, the software market would have been far less competitive than if the Commission hadn't done anything at all.
Of course, those are different DGS (directorates-general) of the Commission. It's DG COMP (Competition) that's after Microsoft, and DG MARKT (Internal Market) that proposed a software patent directive which was in fact drafted (!) by the Business Software Alliance, i.e. by a Microsoft-controlled organization.
The commissioner in charge of internal market policy, former Irish finance minister Charlie McCreevy, is the biggest ally Microsoft has ever had in politics. Note that Microsoft is Ireland's largest taxpayer because Microsoft conducts all of its European business out of the Irish tax haven (Ireland itself only accounts for about 1% of the EU market).
I can understand why some people in the Commission, with the support of some companies, pursue the Windows media player and API thing there. They believe that it's key to prove that Microsoft acts anti-competitively, as a warning and as a better basis for future proceedings like that. However, I don't think this "Windows Reduced Media Edition" thing makes any sense on its own if judged by any reasonable standards.
First of, the French would instantly surrender to the Brits, and the Brits would them bore each other to death if they did not all die from the Brits' horrible cooking.....Kidley pie and Conkers and Lardy Cake.....yyyeeeeeeeeeeeeeccccccccccccccccchhhhhhhh h!!
grin
Being told you "have to" let Open Source interoperate with you is merely an obvious consequence of attempting to hold onto a monopoly by means of lock-in.
For the love of God, please learn to spell "ridiculous"!!!
I'll agree with the second paragraph, however.
Microsoft was ordered to show the source code that they use for the communication protocols, this is fine for the proprietary software sector because of NDA's to sign. But that won't work with FOSS as they're required to show the source code for their software. Where as Microsoft doesn't want their source code to be known to the public.
So maybe for FOSS they show the specifications for each of their communication protocols. The complete specification. That way no source code is actually needed from Microsoft.
My Gawd WTF...