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."

Comments

Inflammatory summary

[gbulmash]

The Slashdot summary seems to be deceptive. According to TFA, the case is "specifically concerning the issue of broad licenses for the source code of communications protocols." To sum it up more succinctly, Microsoft was ordered to open up protocols for print and file sharing and some security tasks to competitors so they could better integrate their products with MSFT server products. Microsoft got this softened to include a provision that the parties they opened up the protocols to could not publish them. Of course, this left all FOSS groups swinging in the wind because they couldn't agree to that provision and remain open source.

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.

Re:Inflammatory summary

[hungrygrue]

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.

It seems likely that that is very close to the argument that Microsoft will be using. They can't, on one hand, point to Linux as their primary competition in the operating systems market as proof that they don't hold a monopoly and, on the other hand, specifically try to prevent FOSS from being able to compete while allowing any and all corporate competitors access to these protocols. That just won't fly. The security argument, though, has at some legitimacy. There is a real concearn there - Their code and design has been a secret for a very long time, and they have been tacking on ever more kludges while trying to maintain as much backward compatibility as possible. The number of potential security holes is hard to immagine.

Re:Inflammatory summary

[rgmoore]

I actually don't see that as very likely. The bigger issue is that Microsoft *depends* on secrecy and lock-in to hold onto their market in the face of less expensive competition. So yes, opening up the protocols will cause them irreparable harm.

That isn't irreprable harm, though; that's just having to face the market. Being forced to compete in an actual market is supposed to be the whole point of anti-trust law. It would be ridiculous to find that Microsoft was engaged in anticompetitive behavior but not actually force them to compete as part of the judgment.

For DnDers

[Anonymous Coward]

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.

Microsoft Scared of Open Source?

[Nerd Systems]

It looks like these days, that Microsoft is getting a little scared of the Open Source movement... especially having to share how their server software's communication protocols work. Information of this nature is easily available in the Linux community, yet Microsoft seems to have a very tight leash on their communication protocols.

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...

Talk About Duh ?

[burdicda]

Microsoft suing the EU in a European Courtroom...
Whos.....they must be smokin some of their software

Re:How?

[Alien Being]

Steve: There is a pestilence upon this land. Nothing is sacred. Even those who carry balls are under considerable economic stress at this period in history.

Bill: Did you say 'balls'?

Steve: Yes. Balls are my trade. I am a Ballmer. My name is 'Steven the Ballmer'. I arrange, support, and transport balls.

A Lie

[John Hasler]

> ...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.

Re:Deeper pockets than Microsoft?

[mpcooke3]

Quite.

What a naive idea. Imagine British soldiers fighting alongside the French.

We'd kill each other before we even saw the enemy.