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Microsoft Source Code Still Not Enough for EU?

wjsteele writes "The BBC is reporting that Microsoft's offer to allow rivals access to its software blueprint may not be enough to prevent European Union action." From the article: "Its offer to open up its software blueprints 'underscored its commitment' to meet the European Commission's demands, Horacio Gutierrez associate general counsel for Microsoft Europe said in a statement. However, Brussels has warned the offer may not go far enough. 'It would be premature to conclude that offering access to source codes would necessarily resolve the problem of compliance," said EU anti-trust spokesman Jonathan Todd.'

337 comments

  1. In other words, "no comment" by EVil+Lawyer · · Score: 4, Interesting

    Is this really news, or is this an organization saying "no comment" until there's been due process?

    1. Re:In other words, "no comment" by CaptainFork · · Score: 0
      "when we have the fUll details i will come back."

      earlier, microsoft's legal chief brad smith iNsisted the group was "putting our most valuable intellectual property on the table so we can put technical compliance issues to rest and move FoRward with a seriOus discussioN abouT the substance oF the case".

      the cOmpliance deadline was set in decembeR, when the european commiSsiOn said miCrosoft's offer of 12,000 pages of documentatIon And 500 hours of free technicaL support was not adequate. earlIer, microSoft's legal chief brad sMith.

    2. Re:In other words, "no comment" by CaymanIslandCarpedie · · Score: 1

      A "no comment" would have been one thing. The quote that got me was:

      Normally speaking, the source code is not the ultimate documentation of anything," she said. [This is] precisely the reason why programmers are required to provide comprehensive documentation to go along with their source code.

      OK, lost all respect right there. So she's thinking the source code is just a rough approximation of what the program does while the documentation actually defines what it does or something???????

      --
      "reality has a well-known liberal bias" - Steven Colbert
    3. Re:In other words, "no comment" by AuMatar · · Score: 1

      Here's 1 million lines of code. Tell me what it does. Get it to me by next week.

      If you want engineers to understand it in a reasonable time frame, you need documentation as well as the code.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    4. Re:In other words, "no comment" by CaymanIslandCarpedie · · Score: 0, Flamebait

      Well, they also got 14,000 pages of documentation and 500 hours of support! What does the EU really want??? Why not just quite screwing around and tell MS that if any other companies want to build competing products it is MS's responsibility to build it for them?

      --
      "reality has a well-known liberal bias" - Steven Colbert
    5. Re:In other words, "no comment" by spickus · · Score: 1

      UN Front for Socialism. Maybe.

      --
      Indecision is the key to flexibility.
    6. Re:In other words, "no comment" by Anonymous Coward · · Score: 0

      i am not senDing sublIminal mEssages.

  2. Call me paranoid... by IAAP · · Score: 5, Insightful

    but I'm afraid that if MS has to comply, then later on down the road, MS can claim that some OSS has put their code into [insert an OSS project]. Then we'll have SCO all over again.

    1. Re:Call me paranoid... by DaHat · · Score: 1

      The same also could have happened as a result of the leak of portions of the Windows NT and 2000 source trees... thankfully so far it hasn't happened... at least that we know of.

    2. Re:Call me paranoid... by THRiLL_KiLL2666 · · Score: 1

      yeah,, but the diffrence between sco and microsoft... microsoft is a 800lb gorilla with a bit of $$ to play with

    3. Re:Call me paranoid... by Firehed · · Score: 1

      They can make all the claims they want. I thought one of the big benefits of OSS was NOT having all of the security flaws that are inherent to Windows. I don't imagine people would steal the code if it were readily available. OTOH, there'll just be more viruses because it'll be that much easier for hackers to find the holes. Or it'll work in their favor and people will start looking for bugs and fix them before they're exploited. You know, like how you should deal with bugs.

      --
      How are sites slashdotted when nobody reads TFAs?
    4. Re:Call me paranoid... by eonlabs · · Score: 1

      I think we need someone to come up with a TLA to describe that better.

      --
      I wouldn't consider the mad hatter mad. Just reality impaired. He sure can make a mean cup of tea.
    5. Re:Call me paranoid... by zootm · · Score: 1

      Wasn't the biggest problem with the SCO thing the fact that SCO wouldn't provide evidence due to the source code being their trade secret or something? If the source is available to the legal process, or whatever, code theft and the lack of would be obvious.

      Always possible I have the wrong end of the stick here, though...

    6. Re:Call me paranoid... by Anonymous Coward · · Score: 1, Interesting

      SCO is a bit odd because no one has yet been given the opportunity to remove the offending code (leading to the logical conclusion that it didn't exist to begin with). It's going to happen eventually. You know someone's going to do it. The problem is that it's a one-sided process, because no one knows what's inside closed source, and the last I checked, getting the courts involved isn't supposed to be the first resort.

    7. Re:Call me paranoid... by linuxfanatic1024 · · Score: 1

      You mean they're an 800 TON gorilla???

      --
      Microsoft-free since March 28, 2004
    8. Re:Call me paranoid... by Anonymous Coward · · Score: 0

      Why does this problem exist for software but not literature? Books are copyrighted and everyone can see their 'source code'.

      Is this a double standard or is there something I don't see?

    9. Re:Call me paranoid... by morganew · · Score: 1

      Ok, I'm not sure why this stupid belief keeps popping up like whack-a-mole, but there is no inherent security goodness to OSS vs. Windows.

      The license model plays no role in insuring security. Don't believe me? How about Andrew Morton, keeper of the Linux Kernel. He made these comments at a U.S. Senate Roundtable on "Policy Implications of Open Source Software":

      "... the software stack is a very deep thing and a number of security problems don't really happen down at the low level operating system. They can happen at the application level and the application integration level. I find for the open source world it is hard to come up with a hard and fast rule. If there's a security problem in the kernel it's fixed in a flash. But other applications, depending on how active the development team is it might take longer. But generally the responsibility for solving those lies with the distributor ... all I can say is I've seen studies which tend to indicate that the resolution rates are approximately the same between free and proprietary software products" .
      http://www.tech-forum.org/upcoming/transcripts/Tra nscript_OpenSource_07-15-04.pdf

      Or if not him, how about Gene Spafford from CERIAS? Or how about this recent article in security pipeline "Five Linux Security Myths You Can Live Without"? http://www.securitypipeline.com/160902138

      The list goes on. No credible security expert says that Open Source is inherently more secure.

      Think of it this way, would you BLAME the GPL if software you used had a buffer overflow? No, you figure it was bad programming.

      In simple terms, if you have good programmers and good methodology you have good code. If you don't, you have bad code. The license model is irrelevant to the security holes found in Open Source or proprietary software.

      --
      A sig?!? I don't think so.....
    10. Re:Call me paranoid... by swillden · · Score: 3, Insightful

      yeah,, but the diffrence between sco and microsoft... microsoft is a 800lb gorilla with a bit of $$ to play with

      I don't think that's a significant difference, because SCO has not lacked the money to fight with. Lawuits are very expensive, but there comes a point where throwing even more money into the fray doesn't make a difference. I think SCO has spent plenty to reach that level.

      I also don't think that the injection of proprietary code into OSS is really a big problem. I mean, if SCO's code really *were* in Linux, all SCO would have to do is point out the parts that were copied and they'd be removed and replaced with clean implementations in short order. The problem with SCO is that they're not really complaining about straight up copyright infringement (not in court, anyway), of which there simply doesn't appear to be any. What they're complaining is that (per SCO's twisted notion of reality) IBM's contract with AT&T means that any IBM code that in any way ever touched any AT&T code became subject to the same restrictions that applied under the contract to the AT&T code. JFS is a good example. IBM wrote JFS for OS/2, then ported it to AIX, then ported it to Linux (starting, I believe, from the OS/2 version, not the AIX version, though that doesn't really matter). SCO says that since JFS was added to AIX, which is based on AT&T code, then JFS cannot be published except under the limitations of IBM's license from AT&T. SCO also believes that many "methods and concepts" from Unix were placed into Linux by IBM, whatever that means. To win, they'll have to identify some "methods and concepts" that were not in BSD, were in system V and were not obvious, and then they have to try to prove that the contract actually supports their assertion that IBM is not allowed to lift methods and concepts from system V. Copyright law certainly doesn't say that, so it's going to have to come from the contract.

      I don't see how Microsoft could many any sort of similar complaint. I think Microsoft would be forced to argue straight up copyright infringement, which is much simpler to address.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    11. Re:Call me paranoid... by civilizedINTENSITY · · Score: 1

      The advantage of the open source model is that modifications are made that fill niches. It is the "scratch-an-itch" mode of development. Thus, you need to look to niches where security matters, such as the NSA. Also be aware that open source means that if you care, you can do a software audit. You can't audit Excel. "No credible security expert says that Open Source is inherently more secure." At the same time, Linux can be much more secure than MS Windows, and linux can be modified to be used in secure areas that wouldn't pass Windows.

    12. Re:Call me paranoid... by NickFortune · · Score: 1
      In simple terms, if you have good programmers and good methodology you have good code. If you don't, you have bad code. The license model is irrelevant to the security holes found in Open Source or proprietary software.

      So you're saying that, given a well written and managed proprietory project and a similar project under a FLOSS licence, we can reasonably expect the two projects to yield code of roughly equal security? I don't think I have a problem with that, as far as it goes.

      And yet Microsoft has more than its fair share of security woes, especially in comparison with the most popular (let's compare apples with apples here) open source projects. So why should that be?

      I think that an open development model encourages better coding methodology. For instance, security-thouygh-obscurity doesn't make much sense in the open source, for obvious reasons. Another is the depth of code review to which new code is often subjected. Additionally, the non-commercial bias of FLOSS makes free projects less likely to succumb to pitfalls such as design-by-marketing, the immovable release date, and no-one-is-ever-going-to-see-the-code.

      So, really, I think that dismissing the licence as "irrelvant" is to go too far. Granted, releasing the windows codebase under the GPL wouldn't magically solve its ongoing security woes. On the other hand, I think a good many of the root causes of those problems would have been reduced or eliminated under an open licence.

      --
      Don't let THEM immanentize the Eschaton!
    13. Re:Call me paranoid... by drsmithy · · Score: 1
      And yet Microsoft has more than its fair share of security woes, especially in comparison with the most popular (let's compare apples with apples here) open source projects. So why should that be?

      How are you measuring "more than their fair share" ?

    14. Re:Call me paranoid... by NickFortune · · Score: 1
      How are you measuring "more than their fair share" ?

      Well, MS have more exploits than anyone. The major defence offered is that as the ost widely deployed platform, MS receives more attention from the hackers and crackers than Linux or BSD.

      So let's consider the server market. Linux and BDS have (IIRC) more than twice the deployment of competing Microsoft products. And yet even here, windows would seem insecure in comparison with Linux and particularly with OpenBSD.

      IE doesn't do so wall against Firefox either, and (as reported on /. recently) Firefox has a 40% share in some countries.

      It remains to be seen if the Free OSes would keep their lead for desktop use if they had comparable deployment, but based on areas where we can find something approachng parity, it doesn't seem too far a stretch.

      So yes, more than their fair share.

      --
      Don't let THEM immanentize the Eschaton!
    15. Re:Call me paranoid... by drsmithy · · Score: 1
      Well, MS have more exploits than anyone.

      How are you measuring that ? How are you normalising the figures against marketshare, deployment environments and user demographics ?

      The major defence offered is that as the ost widely deployed platform, MS receives more attention from the hackers and crackers than Linux or BSD.

      This is the typical ridiculously over-simplified way of waving off Windows's higher marketshare as irrelevant, yes.

      So let's consider the server market. Linux and BDS have (IIRC) more than twice the deployment of competing Microsoft products.

      What justification do you have for such an arbitrary market distinction ? Do any of the remote Windows exploits have a method of automatically distinguishing if the target is a "server" or not ?

      And yet even here, windows would seem insecure in comparison with Linux and particularly with OpenBSD.

      OpenBSD is an incredibly niche platform typically used by people who are highly skilled in the realm of computing. Hardly a reasonable comparison.

      IE doesn't do so wall against Firefox either, and (as reported on /. recently) Firefox has a 40% share in some countries.

      As it should, it's clearly the better browser at this point in time.

      It remains to be seen if the Free OSes would keep their lead for desktop use if they had comparable deployment, but based on areas where we can find something approachng parity, it doesn't seem too far a stretch.

      There are very, very few (if any) areas where anything approaching parity can be established (and even fewer examples of people making comparisons trying to do so), so your basic assumption is simply wrong.

      Computer security today has almost nothing to do with the OS and almost everything to do with Dancing pigs. Very few - if any - exploits have anything to do with the technical capabilties of (or lack thereof) or technical flaws in, an OS.

    16. Re:Call me paranoid... by NickFortune · · Score: 1
      How are you measuring that ? How are you normalising the figures against marketshare...

      Umm... no. Doc, if I wanted to write an academic treatise, I'd submit it to one of the journals. That said, if you want to argue the contrary case, feel free to show me how it should be done.

      This is the typical ridiculously over-simplified way of waving off Windows's higher marketshare as irrelevant, yes.

      Actually, that particular claim is usually trotted by the Windows enthusiasts. You know, "Linux would be just as bad if it had the same marketshare as Windows".

      Computer security today has almost nothing to do with the OS and almost everything to do with Dancing pigs [wikipedia.org]. Very few - if any - exploits have anything to do with the technical capabilities of (or lack thereof) or technical flaws in, an OS.

      The wikipaedia article cites Bruce Schneier in "Secrets and Lies". I don't have my copy to hand, but I very much doubt that he intended to suggest that social engineering absolved software vendors of responsibility for system vulnerabilities.

      But even if he did, it certainly doesn't follow that few if any exploits have anything to do with technical flaws in the OS. Exploits have everything to do with flaws in the OS. That's why they call them "exploits" - because they exploit flaws in the operating system.

      All that aside, my intention wasn't to criticise the current state of Window's security. If you feel that XP+SP2' is adequate to your needs, bully for you. Not an especially a widely held viewpoint perhaps, but certainly Microsoft seem to have started giving security the attention it deserves.

      However you can't tell me that MS don't have a long history of insecurity. There are a lot of ways to analyse that history, but (IMHO) much of it boils down to politics at Redmond. For example, MS didn't allocate the resources needed to network security first because Bill didn't believe in this Internet thingy, and then because MS wanted an Internet but on their terms. Similarly, someone seems to have made a policy decision to assign ease of use a higher priority than security - witness the fact that the XP firewall was off by default until SP2 - which has often makes life rather easier than strictly necessary for the purveyors of those dancing piggies you mentioned earlier.

      Following on from that, my point as that in a successful open project these problems probably wouldn't happen. Generally there's someone out there who has a bee in their bonnet about security and who will address such issues. I can't imagine an open project deciding to downplay security for political reasons, and I can't imagine one getting much of a userbase if they did.

      Really, I don't think any of this is especially controversial.

      --
      Don't let THEM immanentize the Eschaton!
  3. When... by Eightyford · · Score: 0, Troll

    When will anti-Microsoft sentiment make way for patriotism? What I mean is, how far is everyone to allow the European Union to go with this? Are they trying to give European developers an unfair advantage?

    1. Re:When... by Tim+C · · Score: 3, Informative

      No, they're trying to stop MS having an unfair advantage. If the US government had any balls when it came to MS, they'd do the same.

    2. Re:When... by LuckyStarr · · Score: 4, Insightful

      Microsoft was aked to open up it's protocols. Microsoft gave them the source code. I would not be happy with this if I were the EU. Semi-"open" source code is worth nothing.

      --
      Meme of the day: I browse "Disable Sigs: Checked". So should you.
    3. Re:When... by tsa · · Score: 1

      They just want MS to play by the same rules as all other companies that operate in the EU. Nothing special.

      --

      -- Cheers!

    4. Re:When... by AntiDragon · · Score: 5, Insightful

      I do hope that's sarcasm.

      Let's see. Um..Microsoft has been convicted of Anti-Trust practices. I.E standing in the way of fair competition and unfairly abusing their monopoly position. So no. Considering that they already have "an unfair advantage" this ruling is intended to help level the playing field. You can't honestly believe that having any one corporate entity hold the keys to a market as vital as IT is a good thing?

      Now if this was a judgement passed on some smaller, peripheral company then I'd agree with you. But it's not. So I don't.

      --
      "...So I hung back and lurked. For 18 months. Can't beat a good old-fashioned lurking."
    5. Re:When... by Araxen · · Score: 0

      Parent is modded flamebait when it's the truth? I guess the truth hurts too much for some people(mods).

    6. Re:When... by Tweekster · · Score: 2, Interesting

      Why would I back a company that is trying to screw a the European Nations out of compliance with the law, like it did here in the States...

      Sorry, but they saw what happened here and are trying to put a leash on MS.
      Good for them

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    7. Re:When... by nycguy · · Score: 2, Insightful
      Mindless indictments of Microsoft by hateboys is no better than mindless props by fanboys. Microsoft's "monopoly" is not an unassailable position created purely by anti-competitive tactics, etc. The incompetence of their competition contributed to that as much as anything. Let's review:

      1) IBM outsourced OS development for the PC platform to Microsoft, effectively giving them control of the desktop once the PC platform became ubiquitous.

      2) Lotus had the dominant position in spreadsheets with 1-2-3, but lost out to Excel by being slow in transitioning to a GUI, slow to add features, etc.

      3) Wordperfect had the word processing market locked up, but fell behind for reasons similar to Lotus.

      4) Novell dominated the PC networking scene but was based on proprietary protocols, was too obscure and command-line oriented, etc.

      5) Netscape had the superior browser and majority share but became a slow, buggy piece of bloatware.

      6) Apple had the superior UI (and still does in many ways) but allowed the gap to close considerably prior to OS X.

      7) Symantec had a lock on tools with superior Norton products which have devolved into buggy bloatware (not that Microsoft yet competes against this, but it gives them a reason to develop their own equivalents).

      There are other examples. If you look though at products, whether proprietary or open-source, where the competition has focused on their product over the long-haul, without letting it rot from lack of attention or bloat/wander from poor planning, Microsoft is clearly beatable:

      1) Google has beaten them in search and taken the lead in web-based e-mail, too. (The latter at least in mindshare if not marketshare.)

      2) Apache continues to dominate web servers.

      3) Oracle and others continue to have the lead in database servers.

      4) Specialty applications like Photoshop continue to trounce Microsoft's half-hearted offerings.

      In short, Microsoft is no Standard Oil. They enjoy nothing approaching the same scale and are not in absolute control of a scarce resource. Simply put, there are alternatives. If you hate Microsoft, buy a Mac or run Linux, but quit moaning and groaning. And don't be so credulous about the EU "doing the right thing". Europe is just looking out for itself. If you think they would be pursuing this if Microsoft were a European company, you're very naive.

    8. Re:When... by PainBot · · Score: 2, Funny

      When will patriotic sentiment make way for intelligent remarks ?

    9. Re:When... by WhiteWolf666 · · Score: 2, Informative

      Actually, the U.S. government's balls were TOO big.

      Seriously; the original decision against MS was to break up the company.

      Why was it reversed?
      http://www.wired.com/news/antitrust/0,1551,44902,0 0.html

      I quote:
      In stentorian language seldom heard in discussions of a fellow jurist, the appeals court unanimously condemned Jackson's "rampant disregard for the judiciary's ethical obligations," and said he'd no longer be permitted anywhere near this case. ...
      Remaining silent were Jackson's fans in the Washington establishment, who cheered the rotund jurist last year when he was denouncing Microsoft chairman Bill Gates as unethical and compared him to a "drug trafficker" and Napoleon. ...
      Jackson repeatedly cut Microsoft attorneys short during cross-examination, while treating David Boies, who argued the case for the government, with visible deference. He appointed Larry Lessig, a prominent liberal law professor and Microsoft critic, as a special master over objections from defense lawyers.

      He ordered a dismemberment of the largest software company in the world without holding one hearing on the topic, a move that seemed to shock the appeals court. Most antitrust trials of any substance take years to prepare: Jackson gave Microsoft six months. ...
      Microsoft's adversaries were left fuming on Thursday, insisting that if Jackson had held his tongue, the breakup order would have remained intact.

      "I wish he hadn't spoken out of turn the way he did because I truly believe that if he had exercised better judgment, we wouldn't have seen his remedies vacated," said Norm Hawker, a research fellow at the American Antitrust Institute, which advocates aggressive use of the antitrust laws.

      "He essentially pulled the carpet out from under his own findings," Hawker said.

      In fact, the district appeals court said the following:
      "Although we find no evidence of actual bias, we hold that the actions of the trial judge seriously tainted the proceedings before the District Court and called into question the integrity of the judicial process," the judges wrote.
      http://www.pbs.org/newshour/updates/june01/microso ft_6-28.html

      Judge Jackson originally tore Microsoft a new asshole. If he had not gotten so caught up in the case, Microsoft would be well on its way to a breakup (or already broken up right now). He was overzealous, and in an effort to restore judicial impartiality, other judges implemented far meeker punishments. The system overcorrected, but make no mistake; the original judge and the prosecutors were out for blood, and they blew it because they went too far.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    10. Re:When... by Anonymous Coward · · Score: 2, Insightful

      " When will anti-Microsoft sentiment make way for patriotism? "

      I think you are seriously confusing the issue. None of this is "anti" Microsoft sentiment. M$ broke the law and did very serious harm to the computing industry by doing so. This has already been decided in a court of law so don't quibble about that fact.

      If the EU is going too far so what? Any company must obey the laws in the nation that they do business in or they need to leave. It's that simple. Would you have it that Toyota should be able to ignore US law and still do business here because a few people say the laws are designed to harm Toyota and really aren't about what is just?

    11. Re:When... by southpolesammy · · Score: 1

      I understand what you're saying but, it's not the impression that the article gives. It shows the EC taking a very euro-centric position, and nearly makes a blackmail-type of threat, with the EC as the sole beneficiary of any levy or fine against MSFT, not the EC developers.

      I'm no fan of MSFT practices either, but fines are not the answer, especially when it won't amount to a hill of beans, either for the average coder or to MSFT's bottom line. Boycotting is a better idea, but one that will be especially hard to enforce.

      --
      Rule #1 -- Politics always trumps technology.
    12. Re:When... by Eightyford · · Score: 1

      When will patriotic sentiment make way for intelligent remarks ?

      I should have prefaced my earlier post with this:

      I am a Canadian, and not an American. I believe in free market economics, provided that monopolies and unfair business practices are controlled. And, most importantly, I believe that most patriotism is PFS (pretty fucking stupid). Why should people feel proud of things they had no control over?

      That said, there is no reason to only post arguments on slashdot that you agree with 100%. Both sides should be represented to try and get rid of the groupthink mentality.

    13. Re:When... by brandonbradley · · Score: 1
      5) Netscape had the superior browser and majority share but became a slow, buggy piece of bloatware.
      Of course this was primarily after AOL bought Netscape and after they had let it sit without any real developent until Microsoft had caught up with it's own version of IE. And considering that by contract AOL was required to use the IE browser as the basis for the AOL browser at that time it isn't really a surprise. It could be construed that one of the main reasons that AOL bought up netscape is so that it would have a alternative to IE when their contract with Microsoft came up for renewal. That said, Microsoft has done much the same with the IE browser at this point since it hasn't seen anything but a "security upgrade" since around 2001.
    14. Re:When... by eikonos · · Score: 2, Interesting

      Whether the competition made mistakes or not is irrelevant to this discussion. The fact is that MS has been convicted of illegally using its monopoly position.

    15. Re:When... by Anonymous Coward · · Score: 0

      How is this a level playing field? MS has offered to provide 12,000 pages of documentation covering those communications protocols that EU was whining about along with source code. Has anybody validated that documentation is way out of what the code does? If not, EU now you can do that too. Before you start whining about not sufficient, you need to make sure that the documentation is not providing enough or proper information. I think this is nothing but bunch of EU socialistic bastards whining about a successful US company.

    16. Re:When... by mrchaotica · · Score: 1
      Boycotting is a better idea, but one that will be especially hard to enforce.
      I'll bet the EU's equivalent of the customs department could enforce that really well!
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    17. Re:When... by Catbeller · · Score: 1

      Judge Jackson was absolutely hated by those judges. It was out in the open at the time that they were gunnin' for him, and it had little to do with his "overzealousness" and everything to do with their hate for his "liberal" decisions. They and Jackson had a war on, and Jackson knew, as soon as he heard they had "randomly" been chosen to review, that Microsoft was safe from breakup.

      Microsoft had, with full executive collusion, lied at the trial. They faked video evidence. If they'd been treated as individuals before the bench and not an incorporeal corporation, they'd have been jailed for contempt. They lost on the facts, they lost on their deceptions, they lost period.

      The only bright side of the "review" of Jackson's decision was that the Federalist Society boys couldn't overturn the finding of fact which determined that Microsoft was a monopoly.

      What is important to know about the judicial system right now is that there are two main schools: one evaluates based on the primacy of the individual, the consumer, and the other believes deeply in the primacy of business interests. There was a complicated article which I wish I could recall which outlined the historical basis for this split; something to do with interpretations of two constitutional amendments. One is for people, one is for business. The pro-business side does NOT believe in the anti-trust legislation of the last century,and will chip away at it.

      Jackson actually is a rock-ribbed conservative, but he doesn't have the pro-business blinders on that his opponents at the Appellate level have. Microsoft was an abusive monopoly that lied to his face and showed his court doctored evidence. The obvious solution under antitrust was to break them up so that the abuses would stop, given that their history in the field and in his court showed that they had no plans to knock it off.

      But his nemises nailed him, and whatever good came of the trial was firmly stamped out by the newly emplanted Bush Justice Department, which promptly snatched defeat from the hands of victory. Then the budget for anti-trust was cut, lawyers at Justice were shown the door, and the fat lady sang for antitrust in our lifetimes.

    18. Re:When... by nutshell42 · · Score: 1
      You can't honestly believe that having any one corporate entity hold the keys to a market as vital as IT is a good thing?

      IMHO if you put it that way most people would agree, however

      You can't honestly believe that having any one American corporate entity hold the keys to a market in Europe is a good thing?

      that way many people won't. Just because a lot of locals on /. would have approved if the DoJ had made a lot of Babysofts doesn't mean they like it when the EU does something long overdue and very sensible for a change.

      --
      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
    19. Re:When... by Anonymous Coward · · Score: 0

      MS is a monopoly in desktop software but not in Server software. How is this not EU badgering a successful US company?

    20. Re:When... by Anonymous Coward · · Score: 0

      I would agree with you IF the EU was actually doing something to further that end. However, the EU is clearly not doing that. Unbundling Media Player? We knew that was worthless when they said it. So Microsoft does it and offers that version... How many were sold? As far as I know, zero were sold. So, our original appraisal of that was confirmed. Now what other hoops will the EU continue to provide for Microsoft to jump through? Will any of them even remotely be relevant to the issue?

      The whole thing is just that the relatively new EU is flexing its muscles and simply targeting Microsoft as a show of strength. They are too busy patting themselves on the back for "showing up a bully" to make decisions that *really* apply to the problem. The EU is just drunk on power and making themselves look like fools.

    21. Re:When... by BokLM · · Score: 2, Informative

      Except that if you have to sign an NDA to view the source code, then you can't implement the same protocols in your software because of the NDA. The EU didn't ask for the source code, what they want is them to open the protocols !
      Actually people who want to implement theses protocols have to stay away from the source code as much as possible, or they could be accused of copyright infrigment. With this, MS try to prevent people from writing software using the same protocols, which is actually the opposite of what the EU wants.

    22. Re:When... by WhiteWolf666 · · Score: 2, Informative


      Jackson actually is a rock-ribbed conservative, but he doesn't have the pro-business blinders on that his opponents at the Appellate level have. Microsoft was an abusive monopoly that lied to his face and showed his court doctored evidence. The obvious solution under antitrust was to break them up so that the abuses would stop, given that their history in the field and in his court showed that they had no plans to knock it off.


      I agree, however, Jackson should NOT have made the comments he did. He was justified in saying them, and given that they were flaunting his rules, I can understand his anger.

      However, his mouth got him in trouble, even if the reason he got in trouble was opponents taking advantage of him. He should have kept quite, and gone ahead with the trial, and then have quietly thrown the book at MS.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    23. Re:When... by jedidiah · · Score: 1

      They are only asking for what any competent software developer would be able to easily and quickly provide.

      Demanding documentation on interop protocols is NOT unreasonable. HELL, the rest of us should get these too whenever we buy ANYONES software.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    24. Re:When... by civilizedINTENSITY · · Score: 1

      It is hard to take seriously anyone who stipulates that national interests should and do trump the rule of law and justice. I suggest your take on history is as skewed as your ethics. I happen to remember those days.

    25. Re:When... by justsomebody · · Score: 1

      You obviously missed two points. Do at least a little RTFA before posting BS.

      1. The slimy mass in your ass aren't brains. And as such unusable for thinking. Here's one more pointer, dick is not correct organ for thinking either.
      2. it has nothing to do with patriotism, nothint with anti-MS, nothing with anti-US. It is ment to level the playing field between OSS and MS, where both can coexist and freely cooperate.

      EU has never demanded source code. Only freely available protocol SPECS without license restrictions.
      MS just provided unusable specs and then after source code for fee, including the fact that not even one OSS developer can look at it and taint him self permanently.

      Meaning MS did provided MORE (about protocols) than requested, but not WHAT it was requested (LESS, SPECS only, but without license BS). State with both MS actions has not improved not even for 0.0000001% in OSS case. And leveling the field is the only thing EU is concerned.

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    26. Re:When... by Anonymous Coward · · Score: 0

      Bill? Is that you?

    27. Re:When... by Daengbo · · Score: 1

      The other forces at work there:
      1) IBM outsourced OS development for the PC platform to Microsoft, effectively giving them control of the desktop once the PC platform became ubiquitous.
      ** There were other competitors to MS during the early period which MS has been found guilty of subjecting to anti-competitive tactics, and had to pay reparations for.

      2) Lotus had the dominant position in spreadsheets with 1-2-3, but lost out to Excel by being slow in transitioning to a GUI, slow to add features, etc.
      ** This may be true, but see #3 for an additional reason.

      3) Wordperfect had the word processing market locked up, but fell behind for reasons similar to Lotus.
      ** The reason that I found for the fall from grace was during my work for the US gov't between 1995 and 1999, when the gov't standardized on MS Office, and companies which needed to deal with the gov't switched over en masse. So, in effect, it was almost a gov't enforced monopoly based on the the closed file formats used by MS office.

      4) Novell dominated the PC networking scene but was based on proprietary protocols, was too obscure and command-line oriented, etc.
      ** Once MS put all^Wmost of the major features of Novell networking into Windows 95, however poorly implemented, people tended to use those supplied features. Companies which were already Novell stayed that way for a long time, but new small businesses didn't bother going to Novell, in genereal.

      5) Netscape had the superior browser and majority share but became a slow, buggy piece of bloatware.
      ** Plus the fact that it suffered under the anti-competitive abuse of MS, as shown in court (same as #1)

      6) Apple had the superior UI (and still does in many ways) but allowed the gap to close considerably prior to OS X.
      ** Apple really made some bad choices in the 90's, but ultimately is a hardware company and not a software one, so shouldn't be directly compared to MS. It's like comparing Solaris to MS Windows. (I know tha it operates on x86, BTW)

      7) Symantec had a lock on tools with superior Norton products which have devolved into buggy bloatware (not that Microsoft yet competes against this, but it gives them a reason to develop their own equivalents).
      ** The recent interview with security VP Mike Nash leads me to believe that Symantec will end up competing with MS Windows the same as Novell, Netscape, Real, or any of the anti-spyware products' companies have.

    28. Re:When... by Trepalium · · Score: 1

      Lotus, Wordperfect, Netscape, Symantec. What do/did all these companies have in common? They wrote software that relied on Microsoft's platform. They were/are all subject to various dirty tricks by Microsoft to give Microsoft an edge over them (withholding beta versions and programming documentation until retail release of their OS, etc). These companies were so incredibly beholden to Microsoft, that when Microsoft wanted to gobble up their market, there really wasn't much they could do. Sure, they made mistakes, but so has Microsoft. The difference is that Microsoft is hypercompetitive, and will do anything to win. Sometimes that includes dirty tricks.

      --
      I used up all my sick days, so I'm calling in dead.
  4. Source code is nothing by denisbergeron · · Score: 2, Interesting

    Source code is nothing, look at all obfuscating source code contest out there ! What this code look ! I know more than one programmer that will encrypt his code to keep his job !
    And what is the license that will go with it ?

    --
    Ceci n'est pas une Signature !
    1. Re:Source code is nothing by HTH+NE1 · · Score: 3, Interesting

      Source code is nothing, look at all obfuscating source code contest out there ! What this code look ! I know more than one programmer that will encrypt his code to keep his job !

      And then there's the compiler. It is very possible for Microsoft to have hidden essential parts of their source code into their own proprietary compiler so that the source is not compilable by anyone else. See Ken Thompson's "Reflections on Trusting Trust".

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    2. Re:Source code is nothing by ldheinz · · Score: 2, Interesting

      I had a roommate in college who started college at age 13 and graduated with 5 degrees in 4 years, then went to work for the U.S. Military developing spy satellites. He once told me that if the U.S. really wanted to keep the Russians behind them in technology they should send them the source code to their devices. Reverse Engineering the crappy code would take them decades...

    3. Re:Source code is nothing by mrchaotica · · Score: 1

      They could also just compile and decompile, and then release that code. Having all the identifiers named a, b, c, etc. and no comments would be pretty close to useless, no?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    4. Re:Source code is nothing by gronofer · · Score: 1

      The source code is what the programmer writes and maintains. Anything that has been encrypted is no longer source code.

    5. Re:Source code is nothing by Huwawa · · Score: 1

      They could give a bare kernel, leave out alot of modules, give a disassembled version , or just give an entirely fake version.

    6. Re:Source code is nothing by denisbergeron · · Score: 1

      Obfuscating source code is not encrypting. Is a way to made source code very hard do decode by a human !

      --
      Ceci n'est pas une Signature !
    7. Re:Source code is nothing by gronofer · · Score: 1

      Anything that has been obfuscated is no longer source code either.

    8. Re:Source code is nothing by denisbergeron · · Score: 1

      Try google with obfuscating code !
      People write obfuscated code as they write normal code and they can maintain them !
      Do you considere APL code as no source code !

      --
      Ceci n'est pas une Signature !
    9. Re:Source code is nothing by gronofer · · Score: 1
      Alright, obfuscated code written and maintained by hand is still source code.

      I don't consider APL (or TeX or Perl) to be deliberately obfuscated, althought I suppose the effect is the same in the end.

  5. EU terms by 7macaw · · Score: 0, Troll

    Give us your source code and free beer for everyone for a year. No, wait, for two years! No, ok, five years and that's it!

  6. Vaporcode by dtfinch · · Score: 2, Interesting

    With respect to any offers by Microsoft to share their super secret Windows code at an affordable price, I'll believe it when I see it.

    1. Re:Vaporcode by dtfinch · · Score: 4, Insightful

      Code viewed under an agreement that impairs the viewer's right to reimplement the protocols doesn't count.

    2. Re:Vaporcode by nutshell42 · · Score: 1

      What the EU wanted was MS's API specifications at a license that allows OSS to use those APIs. If instead MS voluntarily offers to license their whole source code you can bet there's a catch. Most likely something to prevent GPLed software from using it.

      --
      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage
  7. Code is not a Standard by E-Sabbath · · Score: 5, Insightful

    Code is not a standard. You can not point to code, and say that _this_ is how to do something. Code changes, code can be hard to understand. Code is only one way to do things.
    A standard should be clear, it should be possible to implement any number of ways, as long as the results are the same. Things outside the boundary of the standard should be undefined, not 'Well, if you compile it this way...'
    Furthermore, anyone looking at the code has become contanimated by MS IP, and may be constrained from using their knowlege in the future. Standards, documentation, should not limit what people can do. This was designed to open up MS software, in order to allow competition. Not to lessen competition for MS and provide them with a revenue stream.

    1. Re:Code is not a Standard by Anonymous Coward · · Score: 1, Insightful

      What else can you do when you're told that the 14,000 pages of documentation you've provided has been deemed "incomplete"?

    2. Re:Code is not a Standard by Anonymous Coward · · Score: 0

      Not much I'm afraid. If you can't reverse engineer a protocol given access to the source + the documentation that Microsoft has already provided + 500 hours of support directly from Microsoft for any problems you may encounter then I'm of the opinion that your developers are incompetant.

      This probably won't stop until the EU demands that Microsoft code (and then support, enhance) competitor's products for them with all the proceeds for the sales of said products going to the competitor.

    3. Re:Code is not a Standard by LuckyStarr · · Score: 3, Informative
      --
      Meme of the day: I browse "Disable Sigs: Checked". So should you.
    4. Re:Code is not a Standard by Azarael · · Score: 1

      In addition to the parent's argument, the article on this topic from Groklaw focuses on the point that the source code has to be 'licensed'. If you are an OSS project, or even a small commercial one, you might not have the money to license something. This move would not do much more to make MS tech accessible, other than big corps who can afford the license fees and the army of developers to figure out what the heck the code is doing. If MS made the code freely available, and exempt from IP retaliation then that might be a step towards compliance with the EU ruling.

    5. Re:Code is not a Standard by Anonymous Coward · · Score: 0

      Reading that reminds me of one of my old CS professors back in 1998 who constantly lecturered not about course material, but how we should leave Iraq and its oil alone and lift sanctions agaist the country ... (ie: his lectures were so skewed and one sided that you couldn't help but roll your eyes wondering how someone can rationally believe what they're saying).

    6. Re:Code is not a Standard by pmjordan · · Score: 2, Interesting

      The problem is, once you've seen their code, you're no longer allowed to re-implement it, as Microsoft surely would be quick to "point out" (i.e. lawsuit) that you've infringed their copyright. So what would need to be done is to have a team of people inspect the code, write up a specification of what it is supposed to do, pass that specification to another team, who can then actually implement it.

      This error-prone, time- and resource-consuming and thus won't help much to re-enable fair competition. It's not that much better than doing the same thing with a packet sniffer instead of the source.

      Microsoft most likely do have accurate specs, (or at least more accurate than what a bunch of reverse engineers could come up with) they're just trying to get out of, or at least delay publishing them.

      ~phil

    7. Re:Code is not a Standard by Anonymous Coward · · Score: 0

      The problem is, once you've seen their code, you're no longer allowed to re-implement it,

      Trivial to address that concern via specific language in the licensing. Since a competitor would be shelling out money for access to the code you'd assume they'd be smart enough to demand the right to reimplement the protocols be part of the license.

      As far as the rest of your post, I suspect that Microsoft is no different than any other large software houses (at least the ones I've worked for) in that the documentation that most likely exists is not of sufficient quality (meaning it was kept up-to-date after being written) for a competitor to "easily" implement products that interoperate with Microsoft's server products.

      However, like I said, the EU probably won't be happy until they force Microsoft to code competitor's products for them.

    8. Re:Code is not a Standard by Anonymous Coward · · Score: 0

      Mod up, but there is also precedent.
      A level playing field is needed, but source code, even if there were no restrictions on it, would not and will never achieve the objectives.

      Too bad the EU does not study the Fujitsu/IBM settlement where source code had to be shared after the OS MSP and VSAM era. The result?
      Less competition, and Fujitsu exiting from the IBM compatible mainframe business, because nobody would buy it when urban legend mindset decided compatibility of security (RACF) and the Filesystem could not be guaranteed.

      In theory, real value added development jobs were supposed to occur in Europe, and given the population, it should have equal 'clout'. The reality is no jobs for Europe, just money flowing out, with DR and OS/2 throwing in the towel, Coral beaten back, and some other biggies now feeling the heat.

      Sure, a bunch of Norwegians made it big in Linux, and open source, Germans doing SUSE and ZOS stuff, because a bunch of conditions and licencing hoo haa, at the end of the day - people and VC voted with their feet.

      The only measure of success will be when VC's are handing out NEW money for MS wantabees.

    9. Re:Code is not a Standard by Anonymous+Brave+Guy · · Score: 1
      Code is not a standard. You can not point to code, and say that _this_ is how to do something. Code changes, code can be hard to understand. Code is only one way to do things.

      Tell that to Larry Wall. :-)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    10. Re:Code is not a Standard by Anonymous+Brave+Guy · · Score: 1
      The problem is, once you've seen their code, you're no longer allowed to re-implement it, as Microsoft surely would be quick to "point out" (i.e. lawsuit) that you've infringed their copyright.

      There are two pretty clear problems for MS if they try to prevent someone else using the same protocols that way, though:

      1. I'm pretty sure the EU ruling required that the disclosure had to be under conditions where anyone getting access could then write code to interoperate with the MS software. That is the point, after all.
      2. In many jurisdictions, there are exemptions to copyright and reverse engineering rules for the purposes of interoperability.

      In other words, giving someone access to the code and then making any attempt to stop them taking advantage of what they learn to interoperate with Microsoft products would practically be a signed affidavit confirming that MS was acting in bad faith all along. And courts really love it when companies do that to their rulings, y'know? ;-)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    11. Re:Code is not a Standard by greenrd · · Score: 1
      Er, maybe, just maybe, it is incomplete? Just because it's 14000 pages long doesn't mean it's useable.

    12. Re:Code is not a Standard by civilizedINTENSITY · · Score: 1

      Plus, the parent had the shoe on the wrong foot. Microsoft has been found in the wrong, and Microsoft has been told how to get out of the hole they find themselves in. "If you can't reverse engineer a protocol given ...blah blah blah". MS has to make this info available to get out of the hole. It is not enough for MS to give the EU materials that *should* make a ladder that MS can use to climb out. It is up to MS.

    13. Re:Code is not a Standard by Anonymous Coward · · Score: 0

      The problem is that the EU has no intention of letting MS climb out of the hole. They're trying to figure out how to levy more fines they can use to line their pockets.

      They're using the same reasoning they use with the WTO claims that the US government shouldn't be allowed to purchase military hardware from Boeing because it should be considered a subsidy for their commercial airline production. Or the reasoning they use equating regional corporate tax breaks as "handing" the company money.

  8. Source Code Interoperability Spec by qwyeth · · Score: 2, Interesting

    I haven't RTA yet, but isn't the purpose of the EU's request to promote interoperability? If that's the case, the issue is that anyone trying to write code that talks to Windows has only the (possibly cryptic or even obfuscated) source code to go on, and even that is subject to change.

    What I want to know is this: how do the EU's requirements differ from Window's APIs that are already out there? What exactly are they asking for?

  9. In a shakedown... by Anonymous Coward · · Score: 0

    ...its not about compliance or competition, it's about getting the payoff.

  10. Flamebait by makapuf · · Score: 1

    Er, ... am I the only one to find the categorization of this article (-1, Flamebait) ? It seems MS vs European Union is now a US vs UE debate ?

    Without being too naive, if it's right then I would come to the conclusion that MS = US. WTF ?

    I don't think so, and I thought a site like /. wouldn't either.

    1. Re:Flamebait by LuckyStarr · · Score: 1

      I second. This subject is too important and too complex to be polemized.

      --
      Meme of the day: I browse "Disable Sigs: Checked". So should you.
    2. Re:Flamebait by tsa · · Score: 1

      I was just thinking about that. I live in the EU (Netherlands) and I'm as much an MS-disliker as the next /.-er, so way to go EU etc., but I must add that I'm not sure what would have happened if MS had been a european company. Replace MS by Airbus and we have a very interesting hypothetical case.

      --

      -- Cheers!

    3. Re:Flamebait by mr_death · · Score: 1

      You're spot on. The EU has a history of screwing US companies for the benefit of EU companies -- they blocked the Honeywell/GE merger (any EU defense contractor benefits), and, during the Boeing/McDonnell Douglas merger, forced Boeing to tear up its exclusive contracts with Delta and American (contracts between US companies) -- guess who benefits there?

      All the while, the EU throws multi-billion euro subsidies at Airbus.

      The US isn't without blame here -- if the government had any balls, it could have not certified the A380, or hit it with a $1m landing fee. Or blocked many EU mergers "just because you're French". Perhaps if the US govt found its gonads we'd have a more level playing field.

      --
      It's Linux, damnit! Pay no attention to renaming attempts by self-aggrandizing blowhards.
    4. Re:Flamebait by tsa · · Score: 1

      Isn't that a bit over the top? I mean, the US gouvernment also 'sponsors' Boeing et al. by giving them lots of defense orders. This already levels the playing field quite a bit.

      --

      -- Cheers!

    5. Re:Flamebait by mr_death · · Score: 1

      Over the top? I don't think so. Boeing and the other defense contractors fight tooth-and-nail for defense contracts that, in many cases, have an 8% profit.

      Even if someone argues that this is a subsidy, the parent company of Airbus (EADS) has the same issue. So the real difference between the Boeing and Airbus is the huge launch aid subsidies offered to Airbus by the EU countries.

      --
      It's Linux, damnit! Pay no attention to renaming attempts by self-aggrandizing blowhards.
  11. Only in it for the money? by DreadfulGrape · · Score: 1, Interesting


    Is it too far-fetched to suggest that the E.C. actually wants MS to remain out-of-compliance, so they can continue to levy fines against them? i.e. Why do criminals rob banks? Because that's where the money is.

    --
    sig has been sent away for a few small repairs...
    1. Re:Only in it for the money? by Anonymous Coward · · Score: 0

      No, that's not far-fetched at all. I've become convinced that Microsoft is going to continue to be hammered and threatened like this no matter what they do, until specific European officials get their bribes.

    2. Re:Only in it for the money? by digitaldc · · Score: 1

      "Why do criminals rob banks? Because that's where the money is.

      Not any more, ever see that IBM commercial?

      --
      He who knows best knows how little he knows. - Thomas Jefferson
    3. Re:Only in it for the money? by 99BottlesOfBeerInMyF · · Score: 1

      Is it too far-fetched to suggest that the E.C. actually wants MS to remain out-of-compliance, so they can continue to levy fines against them?

      That seems very unlikely. They have had all the cause they need to levy the fines for many months, but have granted MS multiple extensions. If profit was their motive they could have millions in the bank right now; but they don't.

    4. Re:Only in it for the money? by flibuste · · Score: 1

      No, that's not far-fetched at all. I've become convinced that Microsoft is going to continue to be hammered and threatened like this no matter what they do, until specific European officials get their bribes.

      I think it is far-fetched. Actually, it's Microsoft who tries to drown the fish by overwhelming the European Comission under zillions of useless documents, such as the source code, precisely, and tries to get away from actually HAVE to modify software components wired too deeply in Windows. Don't forget, the whole story began 7 years ago. M$ has had a lot of time to act. They didn't on purpose thinking they would be able to push the legal battle as far as possible. They pushed as far as it was possible, and now the deadline's approaching fast with M$ having done nothing else than legal dances. They now find themselves in a dead-end they try to get out by any means. On source code itself: Any good sotware engineer will tell you how useless it is to try reading M$-based code so the argument that M$ provides what the European Comission wants by handling the code is fake and wrong. It can be said the same about the documentation of the code. Documentation creep is a known phenomenom on ALL M$ software components. You Microsoft programmers know what I'm talking about. My idea is that it would cost M$ much more effort (hence money) to actually comply with separating Windows components (such as the media player). To me, it's the same thing as IE7: they just couldn't implement some features before in a timely manner (tab browsing for instance - I don't believe a second it was a design choice no to have those, in order to "simplify the user experience") because it would take/cost too much. Yet some things have to be done, regardless...like the IE7 tabbed browsing. Which will end up on desktops soon and probably won't confuse anyone. So basically, M$'s strategy was to try drowning the fish. Trouble is that they're fighting a big one and the scenario is now turning to Jaws for our friend Bill.
  12. I don't agree by GmAz · · Score: 1, Insightful

    I don't agree with any company having to give out its secrets. I mean, what if Europe demanded to know the secret ingredients to certain food products. That may be a bad comparison, but Microsoft or any other company shouldn't have to give out its top secret source code. That code is what makes them money. True, Microsoft has LOTS of money, but hey, uber powerful and rich or not, they still deserve their privacy to their source code.

    --
    Click Click Bloody Click PANCAKES!
    1. Re:I don't agree by Anonymous Coward · · Score: 0

      "shouldn't have to give out its top secret source code."

      And they don't have to, the EU made it very clear: Interface documentation, NOT code.

    2. Re:I don't agree by A+beautiful+mind · · Score: 1

      They don't have to give out code. They can choose not to do business in Europe.

      Oh you mean they want to? Then comply with antitrust regulations and laws.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    3. Re:I don't agree by Anonymous Coward · · Score: 0

      *cough* redhat *cough*

    4. Re:I don't agree by PitaBred · · Score: 2, Insightful

      No. They're monopolists, in the US and elsewhere. That means they have different rules to play by. Their customers have nowhere else to turn if MS decides to change comm protocols. They have to upgrade or lose communication with those who do upgrade. That's why the EU is pushing for this... they don't want to be bent over the barrel by any corporation. That's a bad place for anyone to be. Hence, the EU doing this. They actually care about their citizens.

    5. Re:I don't agree by kfg · · Score: 1

      what if Europe demanded to know the secret ingredients to certain food products

      They could just read the required by law ingredients label, just like everyone else.

      KFG

    6. Re:I don't agree by tinkerghost · · Score: 2, Informative

      I don't agree with any company having to give out its secrets. I mean, what if Europe demanded to know the secret ingredients to certain food products. That may be a bad comparison, but Microsoft or any other company shouldn't have to give out its top secret source code.
      They were not asked to divulge thier code, they were told to provide accurate and thorough documentation on the multiple API's in the Window's OS that are used and documented internally but not provided to competitors.
      Rather than provide the documentation requested - which would make anyone capable of understanding an API and writing code to interact with it, they opted to instead offer to provide the source-code - liscenced for a reasonable fee, and with heavy restrictions - as an equivalent solution.
      Two things I really have a problem with:
      1) Free Documentation on APIs != expencive liscence on code I have to spend weeks trying to understand
      2) what the heck is a [reasonable fee] to a company with an operating buget of more than the GNP of half the countries on the planet?

    7. Re:I don't agree by m50d · · Score: 1

      Agreed 100% until you break the law.

      --
      I am trolling
    8. Re:I don't agree by hyfe · · Score: 2, Interesting
      Regardless of how bad your foodanalogy is, I think the morality of this case is simple;

      "Want to do business here? Then abide by our laws and terms. We're not forcing you to do anything."

      And even if you somehow still think it's unfair for the lawfully elected represtants of the people to bully poor innocent monopoly-convicted private foreign corporations into undoing the devastation of the software-industry then we have different notions of morality.

      --
      "" How about taking the safety labels off everything, and let the stupidity-problem solve itself? """
    9. Re:I don't agree by FatMacDaddy · · Score: 2, Insightful
      Do you agree that criminals should be held accountable for their crimes after having been found guilty in court(s)?

      Remember: no one has asked MS for their source code in the first place. They're throwing that out there to cloud the issue and attempt to avoid giving the courts the API documentation that they're required to give.

      --
      This space intentionally left blank.
    10. Re:I don't agree by Syberghost · · Score: 2, Funny

      I mean, what if Europe demanded to know the secret ingredients to certain food products.

      Well, then their competitors would be no better off since their chemists have already figured that out, but their customers allergic to those ingredients would sure be better off.

      I know a woman who avoids Chinese food because she knows she's allergic to soy, but didn't understand why McDonald's made her sick for years until I found her a reference to their usage of soy. Mind, she's blonde, but still.

    11. Re:I don't agree by John+Hasler · · Score: 1

      > They don't have to give out code.

      Correct. No one is asking them for source code. They came up with that themselves.

      > They can choose not to do business in Europe.

      Or they can provide the specifications that they were ordered to provide.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    12. Re:I don't agree by WhiteWolf666 · · Score: 1

      Europe didn't demand the MS source code. They demanded the interfaces and protocols needed for interoperability.

      That's like Europe asking McDonalds to put nutritional information on packging in a certain fashion, and getting the entire recipe lineup to every variation of every experimental product that McDs ever tested in a lab.

      Source code != Documentation for interfaces and protocols. And Microsoft has been determined by a U.S. court (and EU court) to be an illegal monopoly. The U.S. remedies were originally to tear the company apart, and were removed because of an overzealous judge.

      The E.U. is now implementing its own remedies, which is mandatory interoperability documentation. Source code != interoperability documentation.

      Get it?

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    13. Re:I don't agree by lubricated · · Score: 1

      ingredients: natural and artificial flavors.

      --
      It has been statistically shown that helmets increase the risk of head injury.
    14. Re:I don't agree by jejones · · Score: 1

      I don't agree with any company having to give out its secrets. I mean, what if Europe demanded to know the secret ingredients to certain food products.

      That's not a very good analogy. As a Coke drinker, I can still communicate with Pepsi drinkers, and there aren't beverage containers into which one can pour Coke but not Pepsi.

    15. Re:I don't agree by MaGogue · · Score: 1

      Living on secrets is not good. I do not want to eat something with 'secret ingredients'.
      If somebody wants to extort money from others because he has a secret, he must count on being treated like an extortioner.

      If you invest in creating something, then you should benefit from it, but there is a good limit on that. You cannot invent cocaine and hook everybody onto it and then extort money from addicts. Or can you?

    16. Re:I don't agree by kbielefe · · Score: 1

      The EU isn't demanding the secret ingredients. They just want detailed instructions so they can prepare the food in a non-Microsoft oven and have it turn out just as good.

      --
      This space intentionally left blank.
    17. Re:I don't agree by kfg · · Score: 1

      ingredients: natural and artificial flavors.

      Tell me about it. As I posted elsewhere just today I am a celiac, and it is in those "natural and artificial flavors" I can find distress. Perhaps even death under the right (or wrong, as it were) circumstances.

      But despite my answer being a bit flip the essential point remains, that the government already regulates and has the authority to inspect all food ingredients.

      This is not at all the same thing as publicly violating their trade secrets without cause. With cause the public welfare tends to trump trade secrets, which is why the ingredients list exists in the first place.

      Which saves my life, thank you very much.

      KFG

    18. Re:I don't agree by dwiget · · Score: 2, Insightful

      1. The EU did not ask for source code.

      They asked for **documentation** of protocols so that others can fully interoperate with Windows servers. Period.

      2. Protocols in this sense are not really "secret", some have already been reverse engineered.

      So, in essense, Microsoft gives up precious little.

      Microsoft just needs to pony up with the documentation, the EU will have some vendors picked at random to test the protocol documentation and if good, then Microsoft gets a pass. If not good, Microsoft gets fined again or something more drastic till they comply.

    19. Re:I don't agree by Eivind+Eklund · · Score: 1
      No, the code is NOT what makes them money. This is a common misunderstanding.

      What makes them money is licensing to customers the right to use derivatives of the code, and to a degree their change velocity, allowing them to do this several times. Even with the full rights for each customer to maintain their code - probably even with the right for customers to *share* changes - the holders of the source would not be able to match the change velocity of Microsoft.

      And if they are, Microsoft only lose out in only being able to sell one copy to each person (or number-of-employees copies to each company). Because the customers don't want or need more. And I feel that is fine, too.

      Oh, and I live off the revenues of selling software I write, and plan to continue doing so.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    20. Re:I don't agree by 99BottlesOfBeerInMyF · · Score: 1

      I don't agree with any company having to give out its secrets. I mean, what if Europe demanded to know the secret ingredients to certain food products.

      What great analogy. Lets see, MS is being forced to "publish their ingredients" as a punishment for breaking the law. Sounds reasonable to me, and damn scary that the first response was "well, we kinda know what's in it" and the second response was, "we'll let you pay to come on the tour to see what we put in it, because we're not really sure ourselves."

      but hey, uber powerful and rich or not, they still deserve their privacy to their source code.

      Umm, no one asked for their source code. They are the ones offering it instead of what they were asked for, which is documentation on the protocols so that everyone can code to them evenly. Maybe you're not understanding, this is part of MS's punishment for intentionally and knowingly breaking the law and they're trying to haggle over it.

    21. Re:I don't agree by Anonymous Coward · · Score: 0
      Microsoft or any other company shouldn't have to give out its top secret source code

      It doesn't have to. In fact, what everyone wants is for them to take their source code and go home, then come back with documentation, which is what was originally asked for.

    22. Re:I don't agree by prockcore · · Score: 1

      I mean, what if Europe demanded to know the secret ingredients to certain food products. That may be a bad comparison

      Here's a better comparison. What if they demanded that Apple release the specs for FairPlay? After all, isn't this all about interoperability? How can I play the songs I bought from iTMS on Linux if Apple keeps the format a secret?

    23. Re:I don't agree by js3 · · Score: 1

      I'm sorry but you're dumb. There is nothing wrong with monopolies, goverments creates artificial monopolies all the time. Being a "monopoly" (the word) is not an issue. What's bad is doing bad thing while having a monopoly. Look at it this way, cops carry guns it does not mean automatically carrying a gun makes you a bad person. It's what you do with that gun.

      --
      did you forget to take your meds?
    24. Re:I don't agree by PitaBred · · Score: 1

      And they've proven that they aren't allowing competitors to interoperate, so they've behaved badly. And since they are a monopoly that's behaving badly, they have a different set of rules that they have to play by that a normal company doesn't, because their bad behavior affects people in a totally different manner. There's a reason there are anti-trust laws.

    25. Re:I don't agree by Anonymous Coward · · Score: 0

      What a shit analogy. The thing with "secret ingredients" is that it is, in Europe, you are obligated to state what ingredients your product contains. Maybe you don't give a shit about your health and eat dogfood. Maybe you are not allergic to anything. Other people do care though! And thats why its mandatory. If you were talking about say percentages of ingredients i'd say you'd have a point.

  13. Misleading by LuckyStarr · · Score: 5, Informative

    The EU didn't ask Microsoft to open up it's source code. It asked Microsoft to open up it's protocols! Thats not the same!

    Upon Microsofts declaration that it selflessly "overfulfilled" the EUs demands someone of the EU stated explicitly that Microsoft has no say in when the demands are fulfilled. The EU has. Right they are.

    Someone trying to implement an interface to Microsoft products after seeing Microsoft's "opened up" source-code could face severe legal problems. Heck, even Microsofties are not allowed to even look at free software (be it GPL, MIT or BSD licence).

    So I suggest we move along. Nothing interresting to see here... yet. :-)

    --
    Meme of the day: I browse "Disable Sigs: Checked". So should you.
    1. Re:Misleading by CastrTroy · · Score: 3, Insightful

      This is true because we all have the machine code for Microsoft's software. Having the code, whether is C, C++, Java, VB, or Machine code isn't the same as having the specs for how things are supposed to work. I guess in MSs case they may be one and the same, but having the code doesn't help one create compatible software. If you have the specs, then you can design your own code without worrying about copyright infringement. If all you have is the source code, then there's nothing you can do except copyright infringement.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    2. Re:Misleading by Anonymous Coward · · Score: 0

      Heck, even Microsofties are not allowed to even look at free software (be it GPL, MIT or BSD licence).


      You are aware that there is BSD licensed code in Windows? Have a look at the ftp.exe binary, and guess what you find. Another product Unix Services for Windows, or something like that, is based upon an ancient version of OpenBSD.

      Now, I'm sure there are restrictions with regards to GPL code....

    3. Re:Misleading by Anonymous Coward · · Score: 0

      Heck, even Microsofties are not allowed to even look at free software (be it GPL, MIT or BSD licence).

      This is blatently false.

  14. What is the stinking problem? by Tibor+the+Hun · · Score: 1

    Honestly can someone educate me on the matter?
    What does the EU comission really want? Cheap Windows? Crippled Windows?

    Can't they just fine them for their monopolistic practices and get over it?

    If one is to suggest they move to *X, then EU would complain, well that is too hard, we'd just rather stick with MS.
    And you don't need to talk to me about proprietary formats.
    I work for a state institution, and let me tell you, proprietary formats are the least of our worries and inefficiencies.
    I am also from Europe, so I don't have "Yankee's are the best" attitude either.

    You know, I like my OS with a browser, media player and text editor (OS X). If EU has a problem with that, fine them or take your business elsewhere...

    --
    If you don't know what AltaVista is (was), get off my lawn.
    1. Re:What is the stinking problem? by AntiDragon · · Score: 1

      Yeah. Fine them. Because that solves the problem.

      A fine would be nice and dandy if it prevented further monoplistic practices, sure. But the trouble is, MS' monopoly is already in place. A fine isn't going to do that.

      Face it, in most US anti-trust trials the common result is for a company to be broken up. But that didn't happen. Well it's the same here in the EU. But since MS is not an EU company, different restrictions need to be applied.

      As for not doing business, that's exactly what this is about. The EU have said that MS can take it or leave it. If MS wanted to, they could forgo the whole thing. But then they would not be allowed to do business in Europe (33% of Microsoft's business I beleive).

      This is about admitting to power. Does the EU say "Oohh, you've been naughty - have a slap on the wrist but carry on" because they're scared of losing MS or do they say "No. Can't do that it's wrong. From now on tow the line or you're out" and thereby showing that the *Government* is in charge, not the company?

      Ahh..I'm getting worked up..spent too long building Windows servers today..just gloss over this one...

      --
      "...So I hung back and lurked. For 18 months. Can't beat a good old-fashioned lurking."
    2. Re:What is the stinking problem? by Anonymous Coward · · Score: 0

      "What does the EU comission really want?"

      The protocols, documentation and standards for Windows so that people can write software that works with it.
      They never asked Microsoft for the source code.
      Microsoft gave them the source code however, so that people like you would make comments like you just did.

    3. Re:What is the stinking problem? by FatMacDaddy · · Score: 2, Informative
      Assuming you're not trolling, what the EU courts are trying to do is reverse the marketplace damages caused by MS using illegal business practices. They hope to allow other developers to create software that they know will work with Windows. They never asked for source code, nor can I see why they would want it.

      As far as fining them, I seem to recall something about a two million per day penalty, which I believe MS is ignoring as usual, or stalling with this source code business that no one asked for in the first place.

      What people here seem to forget is that this same thing should be happening here in the US if the court rulings were fairly enforced.

      The courts have already given MS way too much leeway on this, IMHO.

      --
      This space intentionally left blank.
    4. Re:What is the stinking problem? by codemachine · · Score: 2, Informative

      All the EU has asked for the APIs in Windows to be documented and available to other developers. MS continues to try doing everything but providing what the EU is actually asking for.

      If MS has a problem with that, they can take their business elsewhere...

    5. Re:What is the stinking problem? by Ernesto+Alvarez · · Score: 4, Informative

      Honestly can someone educate me on the matter?
      What does the EU comission really want? Cheap Windows? Crippled Windows?


      Mainly they want full specifications of the protocols and interfaces used in windows by MS, including any "secret" APIs, to be made available on reasonable terms to others. There is also a EUR 500 000 000 fine.

      Crippled windows would be of no benefit.
      They're not interested in cheap windows directly, but the idea seems that if someone can make "cheap windows" components, they should be able to do so without MS stepping on them (that's what the APIs are for).


      Can't they just fine them for their monopolistic practices and get over it?


      Sure, they did. The problem is that the one time fine is only part of their punishment. MS could comply simply by paying EUR 2 million a day forever, but it would be crippling to MS and also not useful in solving the openness problem. Since opening the protocols as the EU is saying is very bad (cheap windows parts) MS does not want to comply. Hence the negotiation going right now.


      If one is to suggest they move to *X, then EU would complain, well that is too hard, we'd just rather stick with MS.
      And you don't need to talk to me about proprietary formats.
      I work for a state institution, and let me tell you, proprietary formats are the least of our worries and inefficiencies.


      Maybe you're not getting bitten right now, but proprietary protocols bite whenever you're weak. What are you going to do in a few years if you try to get away from MS apps? I'm getting bitten right now by active directory myself.


      I am also from Europe, so I don't have "Yankee's are the best" attitude either.

      You know, I like my OS with a browser, media player and text editor (OS X). If EU has a problem with that, fine them or take your business elsewhere...


      I think you really want an OS, a browser, a media player and a text editor. Them coming with the OS is just a convenience, unless it's not the ones you want (like IE) and you cannot remove them. I also like these apps in my machine, but I like a way for me to choose what I want (SUSE and Debian in my case). Anyway, you're using OS X, you're not being precisely locked in. What would you say if you were stuck with outlook and IE?
    6. Re:What is the stinking problem? by Anonymous Coward · · Score: 1, Insightful

      And with the unstated corollary, that having documented the protocols, Microsoft sticks to them. Probably mandated under at least the government purchase terms, and likely as a condition of sale in the EU.

      Showing a snapshot of Microsoft code, under an exorbitent licence fee, with a restrictive implementation go's nowhere near meeting the requirement.

      Harry

    7. Re:What is the stinking problem? by justsomebody · · Score: 1

      Wrong.

      API != protocol SPEC;

      EU asks for protocol SPECS not API docs.

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
  15. Public version by jcaldwel · · Score: 1

    patch -p0 stuff-to-exclude.patch && tar -zcvf micro-pub-code.tgz

  16. Does anyone else not have a problem with this... by Retalin · · Score: 1, Insightful

    Really I find this to be just downright wrong.

    Big picture view, I do believe Microsoft to be a monopoly. I do believe there needs to be some sort of repercussion for it but I think anyone asking them to give up THEIR intellectual property that they have developed is just proving their point... they are the best.

    I sit back and watch daily as Microsoft is flamed here on slashdot, I've been around a while, and I don't comment much but there are certain things that push my buttons. Microsoft is not the devil, they do not stifle innovation and the people and organizations who claim they do are either on the loosing end or are just tyring to get a piece of the pie for themselves.

    If someone out there was better than Microsoft, we would see that.... look at Firefox... it works WONDERFULLY on Windows XP, and its what I use. I also have a bunch of Linux web servers but in the end I think the people asking Microsoft to "open up Windows" are just admitting defeat.

    Rather than worry about "opening up Windows, or decoupling IE from Windows" isn't it time that people start innovating and competing with Microsoft?

    --
    Regards, Ryan McAdams
  17. Source code was never likely to help... by Osrin · · Score: 1

    For the EU this is an issue of policy, not technology. It is an issue of buiness, local software companies and European economic development.

  18. subject misformatted by qwyeth · · Score: 1

    Ewww! That subject should have read "Source Code (Not Equals) Interoperability Spec" How do I make symbols like that show in slashdot comments?

    1. Re:subject misformatted by cskrat · · Score: 0

      Quite a few people would recognize '!=' as the symbol you're looking for. '!' stands for a logical NOT in many languages.

      --
      My God! It's full of eval()'s.
    2. Re:subject misformatted by Jesus_666 · · Score: 1

      If you speak PHP "!==" is even better, as it denotes that the things compared are either not of the same value or not of the same type.
      e.g.
      3 != "3" // false, as PHP automatically converts types
      3 !== "3" // true, as strings are not integers
      2 !== 3 // false, as 2 is not 3

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  19. Re:Stupid white man cares about M$$$ by PitaBred · · Score: 1

    Man, and here I was thinking I'd get through the morning without my daily dose of racism. Thanks, man!
    btw, most people with PhD's in "computerology" can find jobs. They just want to be paid for having actual skill, versus being paid chicken feed like a code-monkey "proud indian programmer".
    Sorry, responding to a troll I know. I'm bored today.

  20. Danger Will Robinson! by geoff+lane · · Score: 5, Insightful
    MS source code is very dangerous and not what they were asked for. A glance at MS code could stop you from ever contributing to an open source project without the fear of receiving a letter from MS lawyers.

    The behaviour of MS in this matter suggests that they do not have proper documentation. If true then it would explain a lot about the quality of MS products.

  21. BUuut... by pmike_bauer · · Score: 1

    ...I'll bet a little "profit sharing" with Brussels would mysteriously throw Microsoft into compliance.

    --
    I read /. for the (Score:-1, Conservative) comments.
    1. Re:BUuut... by Anonymous Coward · · Score: 0

      Do they still have Jack Abramoff on retainer?

  22. Americans benefit by Anonymous Coward · · Score: 1, Insightful

    If the information on how to interoperate with Microsoft software becomes available to any extent, America's competitors not only in Europe, but also in America benefit from the ability to interoperate. Thus America as a whole benefits from having more choices in software, and benefits from having their options in software be compatible with that software they own which is still locked in to Microsoft products. Having better and more diverse software helps not only the individual consumer in this way, but the overall American economy because it has the potential to lower IT costs and increase worker productivity.

    So it's kind of like, imagine oil prices were lowering. Would Americans be upset, because American oil companies were being hurt by the low oil prices? No, Americans would be happy, because they buy gas.

    I mean, yes, there are Americans who believe that anything that happens to the rich and powerful of America is good for America itself, and believe that anything good that happens to those darn dastardly french is bad for America itself, but this issue is frankly just too convoluted to easily stir up the good 'ol right-wing hatred over.

    1. Re:Americans benefit by Anonymous Coward · · Score: 0

      Your analogy to lower oil prices is absurd. The issue here is not the American consumer; it's the American software company. Microsoft is not being forced to license its code to American companies, only European. Therefore, only Europeans will have access to the code, and hence the protocol documentation.

      In this light, we can see that Europeans are using coersion to give their companies and unfair advantage over American companies (as opposed to a fair advantage, which is one that is not due to coersion). This is anything but a free market -- the EU is forcing the American Microsoft to give away some of its IP away to European competitors. This is highway robbery.

      If this is the cost of being successful in Europe, it will lead companies to think twice about selling their products and services to Europeans.

  23. Open to Open Source by erroneus · · Score: 2, Interesting

    It's pretty clear that the future of software in government will rely significantly on Open Source and/or Open Standards with emphasis on acessibility, availability and interoperability. (I'm beginning to sound like a certain pointy-haired boss I fear.) But that said, to allow Microsoft to stipulate the bar for access to essentially to lock out the very parties that may need access to it. Microsoft says "yeah, you can have the source code... for one trillion dollars!" and calls that a compliance offer. Yeah... that's just not in the spirit of the court order I think.

  24. Enlightened Politicians? by AntiDragon · · Score: 3, Insightful

    Is it me or does it seem that Jonathan Todd (or whoever brought the sourcecode problem to light) is actually aware of the priciples invoved in programming? That documentation of the protocols is more important than arbitraty source code? And that to allow the punishemnt to work (break a portion of MS' monopoly, in this case network protocols) there needs to be no hidden strings. 'Cos documentation would be far safer for FOSS projects than the actual source code...

    Woo...Scary..I mean, an enlightened beauracrat? What's the world coming to?

    I'm gonna go hide under my bed now...

    --
    "...So I hung back and lurked. For 18 months. Can't beat a good old-fashioned lurking."
  25. Strings attatched? by Guppy06 · · Score: 1

    Remember that Microsoft has "opened" their code before (within the United States, even). The EU court may simply be remembering that what Microsoft says isn't always the same as what Microsoft means.

  26. It is the same thing by ajdowntown · · Score: 1

    All that the EU is asking for is Microsoft's heart, soul, and mind. The same thing Microsoft has been demanding from us for years...

    Oh man, mod -1

  27. Clone Windows for Less. by ldheinz · · Score: 1

    You know, for about 1% of what the EU is paying lawyers to violate Microsoft's privacy rights, they could pay some good programmers to clone Windows and release it in GPL. That way they'd be doing a public service for the world instead of undermining the principles of free societies. But I guess governments are made up overwhelmingly of lawyers, not programmers, and the idea of helping the people that they represent isn't nearly as important as advancing their careers and their profession, is it?

    1. Re:Clone Windows for Less. by Changa_MC · · Score: 2, Interesting

      Free trade can only exist where anti-trust laws are enforced. Creating a government monopoly to replace the Microsoft monopoly does not allow free trade.

      API specifications are not and should not be protected IP, especially when MS has already been convicted of deliberately and illegally sabotaging their competitors.

      Nobody wants source code for windows, it's probably unreadable anyway.

      --
      Changa hates change.
  28. Microsoft CANNOT comply by killmenow · · Score: 5, Interesting

    My guess is Microsoft flat out cannot comply. I believe they DO NOT POSSESS documentation in the form of a full specification. Their only documentation IS THE CODE. The EU said, "Provide documentation of your APIs." Microsoft said, "Here's 15,000 pages of docs." Then the EU said, "That documentation is incomplete and horrible and just plain crappy...and that's putting it nicely. Try again." So Microsoft said, "F*** YOU! That documentation was all put together by reviewing our code. Our code is our only documentation. You want fully documented APIs...fine. Here it is, you figure it out."

    Of course, in order to look at Microsoft's source, you'll probably have to sign away your first born and you might as well give up the idea of ever writing any open source implementaton of anything you figure out from looking at that code or you'll be getting a call from Microsoft's lawyers asking you if you'd like to play a nice game of global thermonuclear war.

    1. Re:Microsoft CANNOT comply by T-Ranger · · Score: 1

      If you are right with 'The EU said, "Provide documentation of your APIs."', then that is what they said. They diddnt say "Provide existing API documentation" or "turn over your existing design documentation", they said "Provide documentation". If that means that MS needs to hire some tech writes and catch up on 15 years of basic engineering, well, thats not the EUs problem.

    2. Re:Microsoft CANNOT comply by Tom · · Score: 1

      Their only documentation IS THE CODE.

      Highly unlikely. M$ has received various Common Criteria certifications on its stuff, and while CC is always hyped as some kind of "security proof", one of its actual main components is documentation. Without loads and loads of documentation, they would've never been able to go beyond EAL2.

      --
      Assorted stuff I do sometimes: Lemuria.org
  29. Re:Does anyone else not have a problem with this.. by PitaBred · · Score: 1

    "Rather than worry about "opening up Windows, or decoupling IE from Windows" isn't it time that people start innovating and competing with Microsoft?"
    Oh, they do though. And then Microsoft buys them and buries or screws up the product and ships it. Everyone has their price. Microsoft can afford most of them.

  30. Misleading summary by WhiteWolf666 · · Score: 4, Insightful

    The EU has asked for MS to provided documentation allowing interoperability with Windows and other Windows software components.

    MS offered to license the Windows source code.

    MS didn't have offer the source code, and the EU is rightly saying that source code sans documentation may not be enough to make interoperability easy.

    It's not that source code "Isn't enough". It's communication protocols that they want, mainly. Not piles of source.

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  31. Source Code is not the answer by miniver · · Score: 4, Insightful

    What any developer needs to interoperate with another system is a complete, published, supported interface, which is what the EU ordered Microsoft to deliver. Having the source code to the system may help you to debug your implementation, but in this case it comes at a very stiff cost: exposure to Microsoft's intellectual property. Once a developer looks at that source code, they are contaminated -- Microsoft can come back afterwards and accuse them of taking Microsoft's IP and using it without license. (This applies to commercial developers as well as FOSS developers, but the risk is higher for FOSS).

    PJ has a much longer explanation of this over on Groklaw.

    --
    We call it art because we have names for the things we understand.
  32. Microsoft Bob by saboola · · Score: 2, Funny

    Maybe Microsoft should throw in the source code to Microsoft Bob to sweeten the pot a little?

    1. Re:Microsoft Bob by Eightyford · · Score: 1

      I still can't believe that they kept Clippy and the other characters and actually put them in a professional software suite.

    2. Re:Microsoft Bob by Anonymous Coward · · Score: 0

      It has already been cloned, projet page: http://gnome.org/

  33. Re:First Post by Anonymous Coward · · Score: 0
  34. It is not about the source code by pieterh · · Score: 5, Insightful

    I'm glad to see that the Microsoft astroturfers are out in force here.

    Let's review the game plan. The EU has (rightly) condemned Microsoft of illegal monopoly practices and is attempting to force Microsoft to behave in a way that creates a more level playing field. This is not about EU vs. US; Microsoft has also been convicted of monopolist behaviour in the US, only it's managed to avoid any penalties for that.

    Now, the EU is asking for Microsoft to stop working to create barriers to interoperability. This is a valid approach. Microsoft can make whatever software it likes but it cannot deliberately break interoperability. In case you're wondering why this matters, it's thanks to interoperability that the Internet even exists. Microsoft would like to make products like Samba useless.

    It is trying to inject software patents into the picture, by claiming that its standards are "patented". Thus, any open source implementation would infringe.

    As an alternative, Microsoft suggests that people can license its source code. Note that this is something MS has been offering to random partners for years, so it's hardly a new step. When asked what the price and conditions for such a license would be, Microsoft said, "we are willing to negotiate".

    In other words, Microsoft has not budged an inch and is instead preparing the ground for patenting its interfaces in the EU.

    Now we come to the crux of the matter: Microsoft, far from making any concession with respect to the anti-trust accusations, is instead laying the groundwork for an attack on open source competition! This is so blatant and so hostile to the interests of the market that it's quite amazing the Commission is still talking to them, instead of simply levying an appropriate fine.

    Open standards are vital to competition, and Microsoft's attempts to quash competition by placing patent bombs into its interfaces, while happily exploiting every other standard on the market, deserve all the abuse they get.

    1. Re:It is not about the source code by cardpuncher · · Score: 1

      Indeed, it might ultimately be advantageous to Microsoft to open up the protocols. All computer companies in history have had a time-limited opportunity to exploit a particular technical niche and most have disappeared when the time limit expired.

      An appropriate comparison would be Digital Equipment. Some of the biggest networks in the world at one time were based on DECnet, which it kept for the most part proprietary. When TCP/IP came along it took away a significant market not because TCP/IP excluded DEC computers, but because DEC computers couldn't connect to machines for which there was no licensed implementation of DECnet unless they used TCP/IP - so everyone switched. DEC suddenly had a good plan: produce a new version of DECnet which was compliant with open standards, but it came along too late, had too many problems with backwards compatibility, so bye-bye DECnet and bye-bye DEC.

      Microsoft might well lose short-term market share by opening up its networking protocols, but in the long term it's probably the only way to keep a proportion of the market for this type of product. It all depends how far ahead your shareholders will allow you to plan...

    2. Re:It is not about the source code by DaveInAZ · · Score: 0
      Ok, so if MS has been guilty of non-competitive business practices, deal with that. Fine them. Ban them if you want. But, the EU's demands are ridiculous. Here are some quotes from the EU spokesperson on this matter.

      Competition Commissioner Neelie Kroes added that users needed more than just the code - they also need comprehensive instructions that would allow them to develop software compatible with Windows systems.

      Ummm...there are plenty of instructions already available. Go to any bookstore. Buy a Technet subscription. Surf to MSDN.net. RTFM! Where did all these non-MS Windows apps come from, if we don't know how Windows works???

      "Normally speaking, the source code is not the ultimate documentation of anything," she said.

      It is on this planet. "[This is] precisely the reason why programmers are required to" deal with technical issues, like this. The rest of the world has no clue.

      "[This is] precisely the reason why programmers are required to provide comprehensive documentation to go along with their source code."

      BAAAHAAhahahahahahahaaahaaa! You're funny. "required"! "comprehensive"!! Stop, my sides already hurt from laughing.

      There's a whole friggin' industry out there devoted to documenting how to program for Windows. Does the EU propose to put them out of business just because it's miffed at MS? What is it they really want?

    3. Re:It is not about the source code by Anonymous Coward · · Score: 0

      What they want is the same thing that the communists wanted. To force everybody onto an even playing field by regulating everything and forcing everyone to answer to the government. There is nothing anybody can do to make them happy. They are not going to stop until they have control over everything inside their borders. Europe has always done this whenever any company from outside Europe tries to do anything, they throw up roadblocks and bitch about everything until a) the company gives in, or b) gives up.

      Why does anybody care about the EU anyway? The last I heard, there was no EU.

    4. Re:It is not about the source code by PeterBrett · · Score: 1

      I'll bite.

      Competition Commissioner Neelie Kroes added that users needed more than just the code - they also need comprehensive instructions that would allow them to develop software compatible with Windows systems.
      Ummm...there are plenty of instructions already available. Go to any bookstore. Buy a Technet subscription. Surf to MSDN.net. RTFM! Where did all these non-MS Windows apps come from, if we don't know how Windows works???

      You clearly can't even read the bit you quoted, it seems. It says, "... They also need comprehensive instructions that would allow them to develop software compatible with Windows systems." This is not about making software that runs on Windows systems. This is about making software that is compatible with Windows systems.

      The main objectives of the EU are to get the documentation required for alternative server software to be written that works with Microsoft clients, and for alternative client software that works with Microsoft servers. Example: a proper AD implementation.

  35. An Analogy by John+Hasler · · Score: 4, Insightful

    You ask your electric utility to specify the voltage and frequency of the electricity they deliver. Instead, they try to sell you the blueprints for a power plant.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    1. Re:An Analogy by anlprb · · Score: 1

      I think the vein of this comment is spot on. When Microsoft started owning 90% of the OS market, they stopped being a private company and started becoming a public utility. Think about them like you would think about the telephone company. I understand deregulation and all, but much of what the phone companies are required to do by law is for interoperability. Windows has become a requirement of life, like running water, electricity, etc... It is an enabling product. Not bought for itself, but what doors it opens up to you. Electricity is useless without devices to plug into the walls. Guess where your three prong connector came from, government regulation (building codes) of private companies. Want to sell and outlet in the US, don't try doing it in a residential area with only 220 volts, you won't pass inspection.

      --

      One Token Ring to Rule them All, One Search Engine to Find Them, One WAN to bring them in, and TCP/IP Bind them...
    2. Re:An Analogy by ijzer · · Score: 1

      Yeah and then they force you to sign a licence that includes a clause that forbids you to use the blueprints to figure out the voltage.

    3. Re:An Analogy by miniver · · Score: 1

      In your sig, "One Token Ring to Rule them All, One Search Engine to Find Them, One WAN to bring them in, and TCP/IP Bind them..." that should be "and DNS to Bind them..." since bind is the standard DNS implementation. But that's just my opinion, and I could be wrong.

      --
      We call it art because we have names for the things we understand.
    4. Re:An Analogy by hanoverjames · · Score: 0

      i'm getting tired of these analogies. it isnt hard to set up an analogy to bias the argument in your favor.

      its like the man who doesn't have any actual facts to back up his argument... so he makes... an analogy.

      Okay maybe it isn't as easy as it looks.

  36. Micro$haft by digitalstratus · · Score: 1

    this made me finally get a /. account rather than read it... Every piece of software out there has its niche and does its thing best, i use MS software, i use linux, i use unix, it all just depends on what works best for the job im doing but this whole thing i believe stemmed from not having windows media player in windows to stifle competition if im not mistaken(could be wrong)... But i've seen EU change their stance so many times on this it's like beating a dead horse, no one cares what they say anymore cause they can't take a firm stance!

    1. Re:Micro$haft by ijzer · · Score: 2, Funny

      The EU changing their stance? You must be kidding?

      EU: You are ordered to provide the specifications to some of your closed protocols to other companies, so they can interopt with Windows.

      MS: We'll do even better, we'll give you over 12000 pages of completely unreadable documentation to our fantastic Windows operating system!

      EU: No, we would rather just have the specifications to your protocols.

      MS: Ok, because you guys insist we will do something really really special. Way better than providing you with the specifications to our protocols. If you promise not to make any use of it and pay a nice fee we will let you have a look at some of the source code for Windows! Isn't that the greatest thing ever? We are so great!

      EU: Great, but we'll rather just have the specifications to your protocols.

  37. I see this as breaking the law by myfantasyromanc · · Score: 0

    Okay yes microsoft is big! Yes they have lots of money! Question i considered though is are they really a monopoly. I create a product called windows. you create a product called osx. We both include browsers, i include my own browser as the default browswer, i also include netscape. You include netscape but not my browswer. I own 90 percent of the market and my software is the standard in business. you share 10 percent with the rest of the other operating systems. Is it my fault my software grew to be the most well known, or is it your fault for not making a product that could compete.

    Should we not criticize apple for the same thing. They made it so no other clone system could run it operating system back in the day as i recall! isn't that taking away a fair market ability?

    What microsoft has done is nothing different than what you or i would do if put in the same positions. You can stick to your guns saying i would open up my source code, good i hope you do and somebody releases your source code to the general public and you loose everything cause now your company can't make money! I believe microsoft has been treated unfairly for trying to grow its company. Question if i may, you have a chance to grow a company larger than your competitors and you buy a competitor which puts another competitor out of business is it your fault they could not create either a product better than yours or market it better than yours?

    --
    I am giving away 2000 premium accounts on my new dating website myfantasyromance.com check it out!
  38. Re:Does anyone else not have a problem with this.. by DaHat · · Score: 1

    Oh please, that excuse needs to die! It's like saying that you can never write a book if you have read anything previously because whatever you write may be tainted by what you had previously read.

  39. Re:Stupid white man cares about M$$$ by Anonymous Coward · · Score: 0

    Have you been to India? It's hell on earth. Yeah, there are a some nice sparsely populated areas, but the cite cores make medieval europe look like a spa. There are piles of garbage on the streets, open sewers, farm animals wandering on the roads. I wouldn't live there for 4x what I make here in the US.

  40. All binaries should come with source by jmorris42 · · Score: 1

    > That code is what makes them money.

    Yes it does, and would make them exactly as much if published, and would make them more published except for the side effect of weakening their illegally abused monopoly.

    I firmly believe ALL non-game software should be required if not by law then by custom to include the complete source code. Even if not released under a Free/Open License the source should still be required. I'd go so far as to say Copyright law needs to be amended to only allow a Copyright on the Source code and the binaries to be protected only as a derived work. Software gets abandoned by the vendor far too often for any sane person to trust a binary only product for anything important.

    --
    Democrat delenda est
    1. Re:All binaries should come with source by Anonymous Coward · · Score: 0

      Why not games then? What makes them so special that you shouldn't release the code. It should be the choice of the company what to do with their code. They created it, they spent their money developing it. If you don't like that a company doesn't release their source code, well then don't use their product.

    2. Re:All binaries should come with source by GmAz · · Score: 1
      Are you buy chance a Linux user? It sounds like you are because your response sounds a bit biased.

      I firmly believe ALL non-game software should be required if not by law then by custom to include the complete source code.

      Why not game software also? If you want something as complex and necessary as an OS to be freely available, why not a simple game engine meant for nothing more then entertainment? If you want to make your code public, go for it. If you don't, then you don't need to.

      As for Microsoft being a monopoly, I have mixed feelings. Their software is very popular to the point that it does in fact make up the majority of the market. Has all these lawsuits changed their popularity? I feel bad for the small software products that have vanished into history because of the products Microsoft produces, but what about Wal-Mart? When a Wal-Mart enters a small town, a lot of small business go out of business. Does this make Wal-Mart a monopoly?

      --
      Click Click Bloody Click PANCAKES!
    3. Re:All binaries should come with source by Eivind+Eklund · · Score: 1
      Game code is materially different from productivity software. It's a pure entertainment product.

      While I see no particular reason to excempt that kind of code, it's a quite different beast than productivity software. There's no compelling reason to force licensing of game code, while there is a compelling reason for productivity software.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    4. Re:All binaries should come with source by Anonymous Coward · · Score: 0

      You're right in that this should include game software too. I mean, the code is already copyrighted, yes? So what is lost? Nothing.

      Meanwhile, nobody can check to see if the code they are using includes their own. Nobody can take on the support if the originator decides to drop it.

      Lots to gain nothing to lose.

    5. Re:All binaries should come with source by jmorris42 · · Score: 1

      > You're right in that this should include game software too. I mean, the code is already
      > copyrighted, yes?

      In a perfect world you are probably correct. This is reality. Take for example Id Software, for most of the 1990's they were innovating constantly. They licensed their engines for more money than their own actual multi platinum games brought in. Mostly because other developers could not, at least in a competitive timeframe, understand Carmack's wizard level tricks. So I can see why they might want to keep it secret awhile. Of course, Id Software being the totally hoopy froods they are, also understood the value in releasing their source when the next game engine obsoleted it.

      But in the end, game software is different. If I couldn't play Doom I anymore it would be a major bummer and a loss to history. If I can't access documents, financial records, photos, etc. from a decade ago it is a totally different order of problem. And in the end, only posession of the Source safeguards against that sort of problem.

      --
      Democrat delenda est
    6. Re:All binaries should come with source by jmorris42 · · Score: 1

      > They created it, they spent their money developing it. If you don't like that a company
      > doesn't release their source code, well then don't use their product.

      Reread what I wrote. "if not by law then by custom" is the part where people who agree with me vote with their wallet. But Copyright is NOT a property right but an artificial scarcity created by the government with certain ends in mind. So proposing a change in copyright law to more closely achieve those intended ends and balance the legitimate needs of the public at large to be protected against orphaned software is totally legit.

      What I meant with my exception for games is that for me personally, it isn't an issue with games. If I can't play a game in ten years I am bummed but not screwed.

      --
      Democrat delenda est
    7. Re:All binaries should come with source by jmorris42 · · Score: 1

      > Are you buy chance a Linux user? It sounds like you are because your response sounds
      > a bit biased.

      Yes I am. And about 90% RMS Pure at that. I'd be 100% but I will use proprietary software if nothing else is available. However the issue I raise is unrelated to Free Software vs Proprietary Software.

      > If you want something as complex and necessary as an OS to be freely available...

      See, here is where you make clear you are misunderstanding my point. A change to copyright law as I suggest would in no way change the Free/Closed status of a single program. Requiring Microsoft to publish their source code as a condition of granting a Copyright would still leave every one of their products proprietary software requiring per processor or per user licensing. The difference is that they could no longer hide interfaces to obstruct interoperability. They could no longer withdraw support for older versions secure in the knowledge that nobody else could pick up where they left off.

      --
      Democrat delenda est
    8. Re:All binaries should come with source by Anonymous Coward · · Score: 0

      Unfortunately, the "pick up where they left off" bit requires more than just a copy of the code, under an arbitary licence.

      Harry

    9. Re:All binaries should come with source by TrancePhreak · · Score: 1

      There's a problem here. How do you enforce licensing when someone has your code? They can just remove the check for proper license. How do you protect against cheating in real money competitions (online poker) ?

      if (true /*licenseIsValid()*/) { enableProgram(); }

      --

      -]Phreak Out[-
    10. Re:All binaries should come with source by jmorris42 · · Score: 1

      > Unfortunately, the "pick up where they left off" bit requires more than just a copy
      > of the code, under an arbitary licence.

      For major changes yes. To patch a buffer overrun a binary patch utility could accomplish the job while still requiring a licensed copy be present.

      --
      Democrat delenda est
    11. Re:All binaries should come with source by jmorris42 · · Score: 1

      > How do you enforce licensing when someone has your code?

      What is this fetish with DRM? We got along just fine without it. Mass unauthorized duplication has been a problem since music was stamped on vinyl yet the world didn't collapse. People duplicated VHS tapes, audio cassettes and CDs. Games have been copy protected since the 1970's and cracked as fast they shipped. Yet those industries grew and prospered. Microsoft grew and prospered for twenty years with zero copy protection on their products.

      > How do you protect against cheating in real money competitions (online poker) ?

      You don't be an idiot and assume you can ever trust a system outside your direct control. Period, full stop. In your example this means the client isn't told anything that it doesn't need to paint the user's screen. Then, and only then, can you KNOW the user isn't cheating. And in that scenario it matters not whether the user has the complete documented source to the client and even the server. Truly secure systems are fully documented and open, so that they can be provably secure.

      Security is something designed in from the start, not bolted on after the breaches start making the newspapers. Why do you think casinos deal every video poker card and spin every slot machine wheel from a single secure location? Because even though those machines out on the floor are as secure as they can make them, have secure seals to prevent physical tampering, etc. the only way to be sure is to keep the real stuff in a place with both software and physical security on it that isn't practical on the gambling floor. And while they don't publish their source code I'd bet good money they assume the 'bad guys' have found a way to read it and taken that into account by designing a system that will remain secure if it's design is known.

      --
      Democrat delenda est
    12. Re:All binaries should come with source by jedidiah · · Score: 1

      Game code generally does not create or manipulate important data that you may need to access in decades hence.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    13. Re:All binaries should come with source by TrancePhreak · · Score: 1

      It's not just DRM, think about stuff like CD keys. If pirates had the code that validated the keys then they'd be able to make 100% legit ones. This robs others who buy the game and have the same key as the one pirates generate.

      The more you rely on the client only painting the users screen, the more server expenses you have to pay. This isn't a good thing for MMORPGs, and shows why GuildWars and some others use instancing. Imagine if you have the full code to decrypt the encrypted commands sent during the online gaming matches. Now you can decode when someone enters their credit card or other info. The second coming of SPAM and fraud would be upon us.

      --

      -]Phreak Out[-
    14. Re:All binaries should come with source by jmorris42 · · Score: 1

      > It's not just DRM, think about stuff like CD keys.

      Not. How 'bout I point you to the complete source tree for GPG and then invite you to use that knowledge to crack my secret key. Won't work now will it? Newsflash: Key generators exist for almost every game that uses one. All of them work great to allow single player action but don't work for network play. I'll leave why as an exercise for the student.

      --
      Democrat delenda est
    15. Re:All binaries should come with source by drsmithy · · Score: 1
      What is this fetish with DRM? We got along just fine without it. Mass unauthorized duplication has been a problem since music was stamped on vinyl yet the world didn't collapse. People duplicated VHS tapes, audio cassettes and CDs. Games have been copy protected since the 1970's and cracked as fast they shipped. Yet those industries grew and prospered. Microsoft grew and prospered for twenty years with zero copy protection on their products.

      These little things called "the internet" and "broadband" appeared.

      Used to be duplicating and - in particular - distributing copied material was difficult to do on a wide scale, both for economic and practical reasons. Nowadays you can *trivially* distribute a copy of something to millions of people at a time.

      Todays copyright infringement environment is qualitatively different to the one twenty years ago.

    16. Re:All binaries should come with source by Eivind+Eklund · · Score: 1
      There is a LOT of other code that does not risk `data lock in, either. For instance, my text editors are principally exchangable. Trying to separate on the game/non-game barrier will be difficult, I think - a lot of people would try to fit in as "game".

      We also have the problem of handling services - e.g. Yahoo! mail - and that's actually much more icky, I think. What do I do when I can't get my mail out of Yahoo! mail?

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  41. Of course it's not enough by DarkDust · · Score: 5, Interesting

    The EU asked Microsoft to release documentation of their protocols. What MS offers is to license their source to people already using MS products.

    But that's not what the EU asked for or what the EU wants.

    Even worse, if MS licensed their source to a competitor and that competitor produces a product using some of the protocols used in Windows, MS could sue them for copyright violation.

    But it's a clever idea of MS nonetheless, IMHO. Luckily the EU didn't fall for it.

  42. time to nationalize windows? by Anonymous Coward · · Score: 0

    Windows is critical to the IT infrastructure of the whole world now, and it is to important to leave to the whims of a convicted monopoly. It would be like if Thomas Edison could control the entire world's electricity use -it would just not be acceptable.

    Similarly it is not acceptable for MS to control the entire world's use of Windows. I think it is time for some nations to nationalize Windows, so they can control it separate from Microsoft. This requires having the source to Windows, but it is the only way to really, finally address the monopoly.

    1. Re:time to nationalize windows? by I'm+Don+Giovanni · · Score: 1

      Dictatorships "nationalized" companies (factories and the like) against their will in the past, to the detriment of those country's economies. This doesn't happen much today. Today, if a country wanted to "nationalize" a company's assets, they'd have to pay for the assets at a reasonable market value, or risk running afoul of international trade agreements.

      --
      -- "I never gave these stories much credence." - HAL 9000
    2. Re:time to nationalize windows? by Anonymous Coward · · Score: 0

      But Microsoft got their monopoly through *illegal means*. Nationalizing companies still does happen - at least several times in 2005 - and it makes good sense here to address a situation which was arrived at through illegal activities.

      Then, at least, we'd have an actual competitor to windows.

      Fining Microsoft does *not* work, we have seen that repeatedly. They will simply continue their same behavior.

    3. Re:time to nationalize windows? by WhiteWolf666 · · Score: 1

      Nationalizing is not necessary.

      Government grants can solve this problem. What are alternative energy grants these days? Even though the oil industry dwarfs renewables, they still can a hefty 100 million or so in the U.S.

      Imagine if the EU decided to throw 100 million euros at the Wine project, for the purpose of providing 100% binary compatibility with Windows.

      With a 100 million euros, exactly how long do you think it would take? 6 months?

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  43. Not enough, since it wasn't requested.... by Lispy · · Score: 2, Insightful

    Ok, from what I understand the opening of the code was not even requested by the E.U.
    The whole issue was about an unfair advantage by using their desktop monopoly to push certain software with Windows (such as IE, MediaPlayer so on...)

    So I think it's perfectly fine that the E.U. doesn't accept this, as it wasn't part of their requests in the first place. The purpose is to split Windows in parts again so everyone has the same chance of distributing third party software. The opening of the code has nothing to do with it and is just smoke and mirrors tactics by MS.

    1. Re:Not enough, since it wasn't requested.... by TrancePhreak · · Score: 1

      EU asked them to open up the APIs in Windows. That resulted in this chain of events:

      MS presented them with the documentation they asked for. The EU said it wasn't enough. MS opened up licensing of the code with a hefty amount of free support. The EU said it wasn't enough.

      --

      -]Phreak Out[-
    2. Re:Not enough, since it wasn't requested.... by Anonymous Coward · · Score: 0

      No, MS gave them 12,000 pages of documentation that may or may not have been correct. It certainly wasn't usable. If they'd "documented" it with "the code does stuff", it is documented, but is it enough? Nope.

      Then they offer "free" support after you've paid cash and freedom to see the code that you don't need.

      Slightly different.

  44. InOtherWords: M$FT may still have some money by oldwarrior · · Score: 0

    EU: This is a stickup! Step away from the source code and drop your wallet and noone get's hurt.

    --
    If it were done when 'tis done, then t'were well it were done quickly... MacBeth
  45. Never mind the Windows source ... by Macka · · Score: 1

    ... its the source code to Office that we want. If it were possible to buy a competing office suite for Windows, Linux, Mac OS X, etc, that was 99% compatible with all office file formats, then we would have true competition in an open and level market. The competition would drive down the price of MS Office to something much less obscene than it is now, benefitting consumers. And Linux on the desktop would have a much better chance of gaining traction as a viable alternative. Mac OS X would benefit too. So would the other *BSD OS's.

    The EU are aiming at the wrong goal !

    1. Re:Never mind the Windows source ... by JohnFluxx · · Score: 1

      Actually, in terms of office, it would be far more useful to have the file format specifications than the source code.

    2. Re:Never mind the Windows source ... by gnasher719 · · Score: 1

      '' .. its the source code to Office that we want. If it were possible to buy a competing office suite for Windows, Linux, Mac OS X, etc, that was 99% compatible with all office file formats, then we would have true competition in an open and level market. ''

      The source code to Microsoft Office would not help you one bit. Anyone using that source code to build Office compatible applications would be sued for copyright violations, and rightfully so. Source code doesn't help to create compatible applications at all. Source code helps to find bugs, or to find vulnerabilities. We don't want to find bugs in the Microsoft Office source code, that is Microsoft's job.

      What you need is a specification. Like the Open Document format; anybody can implement an application that is compatible with the Open Document format, no problem at all. Or all the specificiations for internet protocols, anybody can implement them. Or take the H.264 spec; that is a few hundred pages of highly technical documentation, and there are dozens of encoders and decoders available. Source code is useless.

    3. Re:Never mind the Windows source ... by spitzak · · Score: 1

      No, Office source is not what is wanted, either. What is wanted is documentation, such as how to read the Office file formats.

  46. Oh yes you fucking would by madaxe42 · · Score: 0, Troll

    On $100,000 you could live like the maharaja. I'm almost tempted to become an indian programmer. I like farm animals wandering on the roads. I wouldn't live in the states for 4x what I earn now. Have you joined the schutzstaffel^H^H^H^H^H^H^H^H^H^H^H^H citizen corps yet?

  47. What the EU wants by Cereal+Box · · Score: 1

    I think it's pretty obvious what the EU is after. They want full disclosure of all of Microsoft's file formats and protocols so that 100% compatible cheap (or free) alternatives become available (please STOP pointing at OO.org, SAMBA, etc., they're not 100% compatible alternatives). If I were capable of making decisions at Microsoft, I would just pull out of Europe completely. Yeah, that's a big hit to the bottom line, but the way things are going now, complying with the EU will mean that eventually Microsoft products will be done away with over there anyway. I'd think it would be better to pull out now and leave the EU holding the bag...

    1. Re:What the EU wants by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      If I were capable of making decisions at Microsoft, I would just pull out of Europe completely. Yeah, that's a big hit to the bottom line, but the way things are going now, complying with the EU will mean that eventually Microsoft products will be done away with over there anyway.

      And you'd be fired and someone would reverse your decision as quickly as the board of directors could throw together an emergency meeting. Complying with the requirements will make them compete fairly, and they may well slowly lose market share if they don't make a better product. Not complying will cost them millions in fines, but still only a fraction of the profits they pull out of Europe. Pulling all business from Europe would throw away all profit and guarantee a strong competitor in short order. Worse it would not only fail to comply with the order, but violate business contracts with literally thousands of international organizations and companies and be a slam dunk for further EU antitrust sanctions. They're probably seize MS's assets in the country, including IP rights and hand them over to either newly formed companies or existing competitors. In any case "pulling out" is about the stupidest move MS could make.

    2. Re:What the EU wants by Cereal+Box · · Score: 1

      Yes, I'm aware of the consequences of actually pulling out...

      But complying is also a stupid move. Now that Microsoft is competing "fairly" by opening up all their trade secrets, absolutely NOTHING they do can't be duplicated by someone else for cheaper. "Exchange Server? No problem! We've got all the protocol and file format specs right here!"

      How exactly is Microsoft supposed to make a better product if they aren't allowed to have trade secrets in the form of protocols or proprietary file formats? A better UI? Anyone can copy a program's UI, and you don't even need spec documents to do that. Lower cost? How do you figure? Someone can just come along and reimplement whatever Microsoft wrote and sell it for less. Why aren't ALL companies doing business in the EU bound by the same rules? After all, I'm sure there are plenty of products that dominate their particular markets, and that just isn't fair!

    3. Re:What the EU wants by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      How exactly is Microsoft supposed to make a better product if they aren't allowed to have trade secrets in the form of protocols or proprietary file formats?

      Gee I don't know. They could write better, more efficient code that runs faster, is more secure, and is more reliable. But that is not really the MS way is it?

      Someone can just come along and reimplement whatever Microsoft wrote and sell it for less.

      MS, as the first implementor of a standard and as the maker of most of the interoperating software can implement new features and has a time to market advantage on them, just like everyone else in the industry. You do know there are plenty of companies that actually do make products to open specs and do just fine right? And why should someone else be able to write code to do the same thing better and cheaper than the people who invented the standard? In addition to being slower to market, competitors have to take time to understand the spec.

      Why aren't ALL companies doing business in the EU bound by the same rules? After all, I'm sure there are plenty of products that dominate their particular markets, and that just isn't fair!

      What?!? Everyone is bound by the same standards. They are called laws. MS intentionally broke them as part of their business model. They fully expected that they would have to deal with the consequences, they are just betting it is more profitable to break the law and pay fines than it is to obey the law. Any company that creates a monopoly and then breaks the law and abuses that monopoly will face the same thing, and a number have done so in the past.

      Your post basically comes down to, "It's not fair MS is punished for breaking laws while companies that did not break the law aren't. How can you expect MS to compete without being allowed to squash competition by further breaking the law?" Well here's an answer for you. I expect them to make a better product or lose money to those that do so. You know the way competition normally works in a free market.

    4. Re:What the EU wants by WhiteWolf666 · · Score: 3, Insightful

      Holy shit you're naive.

      How exactly is Microsoft supposed to make a better product if they aren't allowed to have trade secrets in the form of protocols or proprietary file formats? A better UI? Anyone can copy a program's UI, and you don't even need spec documents to do that. Lower cost? How do you figure? Someone can just come along and reimplement whatever Microsoft wrote and sell it for less. Why aren't ALL companies doing business in the EU bound by the same rules? After all, I'm sure there are plenty of products that dominate their particular markets, and that just isn't fair!

      How about a better implementation?

      Do you think Microsoft should go back to making proprietary MSHTML that only renders properly on IE?
      Do you think that Microsoft should make a big push for Exchange to be the primary mail system for the internet (as direct competition for SMTP)?
      Do you think Microsoft should produce an SMB v5 that is incompatible with everything else, and then push it as a replacement for FTP and HTTP file transfers?

      Proprietary file formats and protocols are not the way of the future, my friend. Look to the state of Massachusetts. Proprietary file formats and protocols are a DISASTER for future generations, as well as unfairly hindering superior products in a competitive environment (monopolist barriers to market entry).

      Just because a program can read and write an established format doesn't mean that it is equivalent to all programs that can do so. Take HTML editors; HTML is an established, published, public format.

      Do you honestly claim that Front Page, GoLive!, Dreamweaver, and MS Word 97 all produce HTML of similar quality, or end user output of similar quality?

      What the fuck happened to competing on features and design? Or even gasp security?

      Microsoft products routinely beat out superior implementations because of competitive barriers to entry, primarily in the realm of interoperability. Your right; the MS empire is founded on keeping out competing products.

      "Windows ain't done till Wordperfect won't run!" Remember that?

      It's all well and good to compete like this; build proprietary sets of software all you like, until you have a monopoly. Monopolists have to play under different rules; both EU and US legal structure enshroud this principle. Once your a monopolist, you can't use the same dirty tricks you used to get there. We do this because monopolist profits are an example of a market that is working inefficently; that's basic economics.

      Interoperable products do NOT mean that all products are exactly the same. Is Apache =IIS? Is Firefox=IE? Is MS Word 97=Dreamweaver? Is IBM's Workplaces product the same as OpenOffice.org Writer?

      No. Not in the least bit. The fact that you think this is the only way in which Microsoft can differentiate itself suggests to me that the existing "ecology" of Windows software is so badly crippled that you can't even understand what a superior implementation might be.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    5. Re:What the EU wants by Godwin+O'Hitler · · Score: 1

      So you're saying it would be unfair for Microsoft to have to compete. Why?

      There are millions of companies in the world trading successfully in the face of stiff competition. Most of these work to documented standards, whether they be for nuts and bolts, electromagnetic compatibility, accounting systems, communication protocols, etc., and it hasn't ruined them.

      Microsoft themselves use other people's standards to get their OS to run on a computer. Would it be fair if the chip manufacturers kept their interfaces secret?

      --
      No, your children are not the special ones. Nor are your pets.
    6. Re:What the EU wants by Anonymous Coward · · Score: 0

      How exactly is Microsoft supposed to make a better product if they aren't allowed to have trade secrets in the form of protocols or proprietary file formats? A better UI? Anyone can copy a program's UI, and you don't even need spec documents to do that. Lower cost? How do you figure? Someone can just come along and reimplement whatever Microsoft wrote and sell it for less. Why aren't ALL companies doing business in the EU bound by the same rules? After all, I'm sure there are plenty of products that dominate their particular markets, and that just isn't fair!

      Just listen to what your saying... Basically what you're saying is that the only reason microsoft is making money is because they have people locked in? Constantly changing standards in order to milk our wallet without a gram of something new in their products? If so, then they deserve to get paid only for bug fixing IMHO. But, microsft despite its illegal ways is actually competitive in alot of areas. They don't need closed protocols and file formats to keep people buying, but they are too chicken to stand on their own feet...

    7. Re:What the EU wants by Cereal+Box · · Score: 1

      They could write better, more efficient code that runs faster, is more secure, and is more reliable. But that is not really the MS way is it?

      Even if they did, I doubt anyone would ever believe it's possible that Microsoft could write software that is faster and more secure than other competing software. You just said it yourself. And the bottom line is always about money. People are willing to forgive a slower, less-compatible implementation if it's cheaper, or free. Look at OO.org for instance. Microsoft would pretty much have to write flawless software and sell it for pennies before they could compete, at which point others like you will complain that Microsoft is breaking the law by dumping...

      MS, as the first implementor of a standard and as the maker of most of the interoperating software can implement new features and has a time to market advantage on them, just like everyone else in the industry.

      Specs are traditionally released before an implementation exists. If Microsoft were to do the reverse, i.e., create a new version of their software and THEN release the spec, they'd get slammed. Why? Because they'd have a lead on their competitors, during which early adopters would get locked into multi-year contracts with Microsoft. Hey, that just isn't fair! I predict Microsoft would instead be forced to release specs ahead of their implementation, allowing other companies to implement the spec before Microsoft.

      What?!? Everyone is bound by the same standards. They are called laws. MS intentionally broke them as part of their business model.

      OK then, riddle me this. Let's assume that everything about Microsoft was the same, except for being ruled a monopoly. I assume you would be in complete opposition to the EU's rulings, since Microsoft isn't a monopoly, despite having a large portion of its respective markets? Yeah that's right, you'd come up with some other excuse ("I know in my heart they're a monopoly...").

      Let's say I come up with some product that, out of sheer inertia, claims 95% of the market. I also use proprietary formats. The natural barriers to entry just flat out prevent other companies from competing with my product, but I am not engaging in any anti-competitive practices. Should I have to open up my specs to other competitors so they can compete? Why?

    8. Re:What the EU wants by JohnFluxx · · Score: 1

      Oh wow, you actually think that MS can only compete my hiding their file formats and protocols?

    9. Re:What the EU wants by Cereal+Box · · Score: 1

      Oh wow, you actually think that MS can only compete my hiding their file formats and protocols?

      I think you guys look at closed source software through open source lenses too much. In the open source world, cost isn't an issue. If a particular piece of software has the best interface, speed, or what-have-you, it's the best.

      Suddenly you're trying to apply the open source concepts to closed source Microsoft software. Now everything that Microsoft does can be cloned exactly. Microsoft release "Exchange Server" and three months later I take their specs, clone their UI, and release "Share Server" for $19.95. Or hell, you could just come along and put us both out of business by just releasing your version for free. Adding new features would be pointless, as you'll just clone them anyway since you have access to all the specs. Suddenly the only money to be made is in "support", which is a less than stellar business model.

      "But just make your product faster and more secure, and people will naturally choose it!", you say. Sure. Let's imagine for a second that Microsoft Access stores its databases in some revolutionary new file format that increases query speeds by several orders of magnitude. Great, there's their competitive advantage! Whoops, sorry, because of the EU ruling, Microsoft has to open the specs on their proprietary file format in order to allow other companies to compete. Suddenly that competitive advantage goes out the window.

      A contrived example? Perhaps. But sometimes proprietary protocols and file formats CAN give you a competitive advantage.

    10. Re:What the EU wants by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      Even if they did, I doubt anyone would ever believe it's possible that Microsoft could write software that is faster and more secure than other competing software.

      Yup, MS has developed a very poor reputation. That is one of the things you have to account for if you work in a free market. That is entirely a problem of their own making.

      You just said it yourself. And the bottom line is always about money. People are willing to forgive a slower, less-compatible implementation if it's cheaper, or free. Look at OO.org for instance.

      Yes, do look at OO.org. It has a lower adoption rate than Apple's Pages.app. People and companies are perfectly willing to pay for a more reliable, faster implementation and support and customization. If MS can't compete, then they should lose out in that market. It's call a free trade market.

      Specs are traditionally released before an implementation exists.

      This is true for traditional specs, where many companies agree on a spec and then implement it, but is not true in a number of cases, where one company maintains the spec. Just look at Java.

      If Microsoft were to do the reverse, i.e., create a new version of their software and THEN release the spec, they'd get slammed. Why? Because they'd have a lead on their competitors, during which early adopters would get locked into multi-year contracts with Microsoft.

      You're right it isn't fair, but I don't think that matters. MS has been asked to release the specs for software that has already been on the market for years. They may be forced to release and new specs as they release the software and I don't think anyone would find that unreasonable. The long term goal is to be able to compete fairly without intervention.

      OK then, riddle me this. Let's assume that everything about Microsoft was the same, except for being ruled a monopoly. I assume you would be in complete opposition to the EU's rulings, since Microsoft isn't a monopoly, despite having a large portion of its respective markets?

      If MS did not have a monopoly none of this would be an issue, because their bundling would not be causing any problems. You have your cart and horse all turned around. If MS were not a monopoly, they could publish or not publish their specs all they wanted.

      Let's say I come up with some product that, out of sheer inertia, claims 95% of the market. I also use proprietary formats. The natural barriers to entry just flat out prevent other companies from competing with my product, but I am not engaging in any anti-competitive practices. Should I have to open up my specs to other competitors so they can compete? Why?

      It is fine for you to do, right up until you become a monopoly and then move into a second market by leveraging the first monopoly in an unfair way. The minute you do that you go from being a legal monopoly to a predatory monopoly. Lets put it this way, you're just fine with your scenario, until you release another product in a separate market that functions in conjunction with your first product, and make the specifications for that interaction a secret. Because then people in the second market have to compete unfairly (you used your first monopoly to disadvantage them). This is exactly what MS did. They gained a monopoly on desktop OS's and then moved into the server market and made the way it interoperates with their desktop secret. That is what was illegal and this ruling is part of the punishment for that. The courts said they have to document that secret interaction so other server manufacturers can compete despite MS's monopoly on the desktop.

    11. Re:What the EU wants by 99BottlesOfBeerInMyF · · Score: 1

      Suddenly you're trying to apply the open source concepts to closed source Microsoft software. Now everything that Microsoft does can be cloned exactly. Microsoft release "Exchange Server" and three months later I take their specs, clone their UI, and release "Share Server" for $19.95.

      You know they only have to release the protocols right? All the rest of the program including the UI code can be completely closed. This is about open source versus closed source. This is about working to specs. Specs are great for industry but essential when you're dealing with a monopoly is trying to move into another market. If Ford gains a monopoly on car production, well that is legal. If Ford then starts putting an encrypted microchip in each tire they sell and a computer that refuses to start the car unless all the tires are Ford brand tires, then they have just broken the law. If they switch all their cars to run on a new top secret fuel formula and refuse to document that formula, they are breaking the law. For a non-predatory monopoly it is a legal trade secret, but for Ford it would be illegal. This makes a lot of sense, because the only reason we have a free trade economy is because it is the most efficient model we could come up with. It provides the benefits of competition to increase quality and decrease prices. Bypassing that competition leads to inferior products at inflated prices and no consumer choice. Sound familiar?

      Suddenly the only money to be made is in "support", which is a less than stellar business model.

      Ever seen a commodity exchange? You'll hear I'll buy for $5 and I'll buy for $4 and I'll buy for $3. At some point the most efficient developers with the best products win. If companies can make money making software and giving it away and making all their money on extras, then they should be winning a lot of bids. If MS can't compete then they should be losing sales.

      Further, you don't seem to understand that open source is part of the free market. It is a company saying, "you know it is cheaper for us to hire someone to make this product and then let others add to it than it is to buy a pre-made version from those guys." MS is the one who chose to try to compete making an artificially scarce market and they chose to gain a monopoly and then break the law abusing that monopoly. Personally, I hope they stick around as one of many competitors, but it would be a very good lesson if the law punished them harshly enough that others were dissuaded from breaking the law in the first place. So far they have been an example to the world that big businesses breaking the law is profitable, even when caught and punished.

      Let's imagine for a second that Microsoft Access stores its databases in some revolutionary new file format that increases query speeds by several orders of magnitude. Great, there's their competitive advantage! Whoops, sorry, because of the EU ruling, Microsoft has to open the specs on their proprietary file format in order to allow other companies to compete. Suddenly that competitive advantage goes out the window.

      This is completely untrue. They have only been ordered to document how their server interacts with their monopoly desktop product. They just need to document the communication, not the format on the server.

      A contrived example? Perhaps. But sometimes proprietary protocols and file formats CAN give you a competitive advantage.

      Gee, then maybe they should just not break the law in the first place? Sorry, I just can't have any sympathy for MS. They went into this with their eyes open and a hundred lawyers telling them what they were doing was illegal. They gambled that it would pay off anyway and it has. They should be being fined billions, which is what their crimes has brought them. Or, they should be split into separate companies forbidden from collusion so that they can compete against one another. Complaining about the extremely lax judgement brought against them, that does not even fully even the playing field for existing criminal acts just shows you have no clue how badly MS has slowed down the progress of the computing industry for the last decade.

    12. Re:What the EU wants by Cereal+Box · · Score: 1

      This is completely untrue. They have only been ordered to document how their server interacts with their monopoly desktop product. They just need to document the communication, not the format on the server.

      So what server would this be? The articles I've seen aren't specific enough. And what makes you think that forcing Microsoft to open file format specs for its other products isn't next? After all, Microsoft has an unfair advantage with MS Office, that being that they're the market leader.

      Gee, then maybe they should just not break the law in the first place?

      You keep repeating this. If Microsoft had never been slapped with that anti-trust conviction, you'd have nothing to stand on, but they'd be the same company they are today. It's like Slashdot is on eternal repeat:

      Headline: "EU forces Microsoft to open specs"
      Slashdotters: "Well, that's what they get for being convicted monopolists!"

      Headline: "EU forces Microsoft to fund development of competitor's products"
      Slashdotters: "Perfectly reasonable, they are a monopoly after all!"

      Exactly how long do you guys plan on holding the "convicted monopolist" thing against them anyway? I'm convinced that the EU could continue to impose more and more penalties against Microsoft for the next ten years and you guys wouldn't have any problem with it, no matter how much Microsoft cleaned up their act.

    13. Re:What the EU wants by 99BottlesOfBeerInMyF · · Score: 1

      So what server would this be?

      The servers are the various Windows Server OS's and the protocol interactions with servers and applications on their Desktop OS.

      And what makes you think that forcing Microsoft to open file format specs for its other products isn't next? After all, Microsoft has an unfair advantage with MS Office, that being that they're the market leader.

      That is entirely possible, but a different issue. The reason, though is not that MS is a market leader for office suites. The reason to do that would be because MS is leveraging their Desktop OS monopoly to gain an advantage in office suite sales. They do this by bundling a program that reads the .doc format with their OS, which is not an option for their competitors who do not have a monopoly. This, of course, has nothing to do with the current rulings though and is completely theoretical (and something the EU courts seem to have missed).

      If Microsoft had never been slapped with that anti-trust conviction, you'd have nothing to stand on, but they'd be the same company they are today.

      And if a murderer was never caught they'd still be the same person. So what?

      Exactly how long do you guys plan on holding the "convicted monopolist" thing against them anyway?

      Well, I'd say the minimum amount of time would be until they stop breaking the law. Usually one of the first steps in a legal case is to order the criminal to put down the gun and stop shooting people. MS hasn't even gotten that far. They are still illegally bundling software with their OS. They still are using it to illegally leverage a number of products and they are still illegally driving competitors out of business.

      no matter how much Microsoft cleaned up their act.

      Do tell, how has MS "cleaned up their act?" They still have IE and WMP bundled. They have started bundling a number of new products. They are still using closed protocols and formats common to both their desktop OS monopoly and other offerings. No one is holding wrongdoing against them multiple times, but MS has done nothing to stop their actions and the courts have imposed basically no fines or restrictions yet. They haven't even addressed MS latest string of antitrust violations.

      Broke the law and is still breaking the law. This hurts the industry and consumers every day. It hurts the whole world by slowing down the advancement of computing technology and depriving us of the benefits of competition. They have made an obscene profit doing so and ruined many great products and bankrupted many great companies. They need to be stopped and they need to make reparations. They need to be punished in such a way that the benefits of their crimes are taken from them and used to good causes. Until that happens, justice has not been done.

    14. Re:What the EU wants by spitzak · · Score: 1

      So, Mr Microsoft apologist, you have just said that Microsoft is incapable of competing by actually making a better product. Very good. You are a genius.

  48. Re:Does anyone else not have a problem with this.. by Anonymous Coward · · Score: 0

    Yes that is almost exactly what SCO said to IBM...

    Think how much that has cost - would any open source non profit organization be able to cope with a law suit like that?

  49. Spooky twist... by MindPrison · · Score: 2, Insightful

    A lot of the replies in this thread scares me a bit. Are a lot of you guys taking this as an American VS Europe thing? If so - then this is REALLY bad. That is usually how simple misunderstandings lead to big problems.

    Please keep in mind that Europe is a close FRIEND of America and an ally as well.

    The ongoing Microsoft issues are related to our individual freedom and compatibility issues with other similar system. No company in the world has any rights to control our freedom, Americans of all people should both understand and appreciate this more than anyone if you look at their history and belief that every individual has rights and that forms our democracy.

    While it is perfectly natural for any company to protect their intellectual property - this isnt entirely as easy and straightforward as it might seem in Microsofts case.

    I will explain. Imagine that you develop a gadget that
    catches on everywhere, people really like your gadget for what it does. As a matter of fact - so much so ..that they wish that it had extra functionality. Being the smart savy business people that we are - we naturally give in to the peoples wishes and even throw in some of our own innovations to make it that much better.

    Now...Imagine that this gadget not only is super popular amongst everyone, but it can be used for nearly everything as well. It now gets used in critical environments like hospitals, police stations, research and much more. Lets say for arguments sake something goes terribly wrong somewhere...we try to help these poor unfortunates of course being the professional company we are... but for some reason failed to do so. Why that is could be argued to death amongst the victims of this flaw and our company.

    Now - again imagine, there is no real competitor to our products and our customers are literally forced to use our products, a dream for any company or an individuals loss of freedom - you decide! Well - nothing is stopping you from developing a similar product, is there? And here is what happens when greed becomes a factor. How safe are you and I really? What if our only competitor turns out a real neath product? Ok - we buy it, but they wont sell - so we make it real hard for them to compete. After all - we OWN the standards for most of our innovations...or those that we have bought from others. But it is fortunately not as straightforward as that - heres where your freedom comes into the picture. If you have been sold a product that enslaves you so much so - that you can no longer control it yourself, you are being deprived of your freedom.

    No company in this world should have so much power that it can control nearly everything you do, what you sell and whom you sell it to. Imagine that you owned all telephone cables in the world....and imagine that a million companies where dependent on your cables...and further imagine if they changed the copper to light (fiberglass cables) without asking you because they could. All of a sudden - these million companies would have to RE-invest all of their equipment into newer and different equipment rendering their old stuff useless just because the cable company wanted it. It would KILL small companies and they would not have a living breathing chance of survival because....there is no other cablenet.

    Belive me - Europe is NOT evil, we are as hearty and friendly as our American allies, but we dont have to agree about EVERYTHING ;)

    --
    What this world is coming to - is for you and me to decide.
    1. Re:Spooky twist... by Anonymous Coward · · Score: 0

      I'm an American and I think Europe is not going far *enough*.

      The only way for the monopoly to ever be addressed is for there to be a true windows competitor. For better or worse, windows *is* the desktop - I hate it, other people hate it, but it's true. IHVs only write drivers for windows, etc etc.

      The ONLY way I see to address this is for Europe to force MS to turn over the entire source to Windows, and then create a viable competitor company using that source code as a base. Competition *must* be restored to the industry, and like it or not, if you're not Windows binary compatable, you're a niche player by definition.

      So I want to see them go even further than they are. If Europe can create a competitor to GPS, it can also make a competitor for Windows, which is exactly what the industry needs to remain healthy.

  50. At some point it's just cheaper by Peldor · · Score: 1
    MS should just do a leveraged buyout of Luxembourg. The GDP's not that high.

    Then MS could pay itself the fines!

    1. Re:At some point it's just cheaper by Anonymous Coward · · Score: 1

      Luxembourg just happens to have the highest GDP per head in the world...

    2. Re:At some point it's just cheaper by Anonymous Coward · · Score: 1

      ... and then there is Brussels, BELGIUM.

  51. Not just MS by Anonymous Coward · · Score: 0

    I've worked on POS and ERP systems that were running reliably in production systems from mom-and-pops to multi-nationals. I'd say at least 75% of the time the source code was the ONLY specification. Some of the code base is legacy with poor comments. Some is nicely commented. Some have complete specifications that were complete and kicked around before any code was written. Some have complete specifications that have no relation to the code that was actually implemented and have not been updated. It was not a conspiracy to stifle our competition. I suspect any code base of any size or importance whose development process spans any length of time would have these problems. And in production systems, actual production is often prioritized over completeness of design and specification. People realize more and more this is not good, but economics will always dictate that some will put the design and spec as secondary to delivering the sweet sweet executables.

  52. more delay tactics by Anonymous Coward · · Score: 0
    In other words it's just more stalling for time while side deals are worked out, judges and politcians bought, legislation bought, and competitors disappear from the market. There's more than a passing similarity between M$ efforts to evade compliance with the European decision and its failure to comply with the U.S. settlement,"

    If M$ actually does show the code, the main purpose would as a transmission vector for NDAs designed to taint would-be developers and prevent them from ever working on GPL'd code again. e.g. "hey that bubble-sort algorithm there infringes on our valuable M$ intellectual property. cease using it or pay up."

  53. What? That's Impossible! by Anonymous Coward · · Score: 0

    Bill's precious, precious source code not good enough for those stinking europeans? Here Bill shares the most valuable secret in the known universe with those ingrates and they look down their noses at it! Don't they know what they have in their grasp? It's as if they are barbarians who come upon a goody hut and discover the secrets of an advanced technology. Why, with the source code, they could build their own Windows and become as powerful as Microsoft. They could all become as rich as Bill Gates! Those fools! How can they be so blind?

  54. Their offer... by Eric+Damron · · Score: 2, Insightful

    ...to "license" their source code does nothing for open source projects and they know it. The EU should stand firm and tell Microsoft "Thanks for the offer. Now complie with the requirement of clear documentation to your interfaces that will allow interoperability in a way that EVERYONE has access."

    This "offer" is just Microsoft continuing to play it "I'm complying but not really" game.

    --
    The race isn't always to the swift... but that's the way to bet!
  55. I wonder ... by A+nonymous+Coward · · Score: 1

    I think Microsoft is one of the most evil companies around, most devious, most deserving of spit up the nose ... but I wonder, could it simply be that their code is so poorly written (turned into spaghetti by years of quick and dirty fixes, by backward compatibility nightmares, and by forced marriages between unrelated pieces of code so they can claim IE is part of the OS) that they simply can't come up with a valid API, that there is no such beast, and that Microsoft's own programmers have the devil of a time making things work?

    Maybe there is no concrete API which they can document. I have worked on many systems which had so much legacy cruft that it was a miracle they worked at all, such as subroutines being called with different parameter lists which worked because they were only called under the right magical conditions.

    It might also explain why they have such buggy code and why it takes them so long to develop patches.

    1. Re:I wonder ... by sgtrock · · Score: 1

      Sooo, rather than complain and drag their feet, maybe Microsoft should /thank/ the EU for making them clean up their docs? :lol:

    2. Re:I wonder ... by miniver · · Score: 1
      Maybe there is no concrete API which they can document. I have worked on many systems which had so much legacy cruft that it was a miracle they worked at all, such as subroutines being called with different parameter lists which worked because they were only called under the right magical conditions.

      No, if Microsoft fully documented their interfaces, they would no longer be free to change their interface behaviors anytime it suits them. (You can choose your own paranoia level as to WHY Microsoft changes their APIs and behaviors seemingly at random.) The EU is not doing Microsoft any favors by requiring documented APIs, nor will it be doing developers any favors by accepting 'licensed source code' as a substitute for documented interfaces. That is why Microsoft has been dragging their heels for years on this, and why Microsoft would prefer to just license the source code -- the next time they want to change their interfaces, all they have to do is re-release the code (sometime after the fact) and they've complied.

      --
      We call it art because we have names for the things we understand.
  56. Please don't spend my tax money on debugging MS by iion_tichy · · Score: 1

    is all I can say. Seriously, what are they thinking? Microsoft should pay for debugging their sources themselves.

  57. No M$ products in the EU by jdcope · · Score: 0

    Im not really a M$ fan, but this is just stupid. I say M$ should just not license any of their software for use in the EU any more. Then let the people deal with their government.

    1. Re:No M$ products in the EU by 99BottlesOfBeerInMyF · · Score: 1

      Im not really a M$ fan, but this is just stupid. I say M$ should just not license any of their software for use in the EU any more. Then let the people deal with their government.

      Gee what a brilliant move. They should abandon billions in profit, maybe 30% of the companies bottom line, and make a move that not only guarantees a huge market for a competitor but opens them up to further antitrust actions while still not complying with the order and being fined millions. Yeah, that would work, for about ten minutes before the MS shareholders fired you and hired mobsters to burn off your testicles with a blowtorch for the billions of dollars you just cost them.

    2. Re:No M$ products in the EU by WhiteWolf666 · · Score: 2, Insightful

      I'm an American... but...

      God I hope Microsoft does that. Nothing would kickstart OS X and Linux adoption like a full-fledged Microsoft pull out of Europe.

      Talk about a wet dream..... /WhiteWolf666 wakes up

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    3. Re:No M$ products in the EU by WhiteWolf666 · · Score: 1

      The damage done to the E.U. economy would convince the world (including the U.S. government) that reliance upon one single monopolist OS vendor is disasterous.

      God I hope this happens. I really really do.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    4. Re:No M$ products in the EU by LubosD · · Score: 1

      No MS software in EU? That would be cool...we'd save a lot of money on Windows & Office licenses that our government's officers "really need so much".

  58. For the 10 millionth time by Mateo_LeFou · · Score: 1
    Intellectual Property is a government-granted monopoly on actions (copying, modifying, distributing) you would otherwise be free to do.

    It's not a blank slate. If you want this government protection of your (metaphorical, not natural) property, you will have to obey whatever funky laws they come up with.

    If you get a $1 million govt. grant, contingent on your drinking pee, the government is not forcing you to drink pee.

    --
    My turnips listen for the soft cry of your love
  59. Re:I don't know who's 'dummerer'... by Anonymous Coward · · Score: 0

    It's "dumberer", you big fat dumby.

  60. Re:Source Code Interoperability Spec by erroneus · · Score: 1

    If MS was supposed to supply only that which is required for interoperability, they would buy a copy of some SAMS book entitled "learning the Windows API in 24 hours" or something like that.

    The problem is that there's tons of hidden things in there and a lot of crap that seems to make interoperability a moving target.

    With the source code, there will be no such problems and no grey area. Microsoft has this problem with making the most of wriggle room. And it's probably not entirely for interoperability anyway -- they don't TRUST Microsoft and I don't blame them.

  61. Please, try to understand what it is all about! by Celebrandil · · Score: 2

    Some of you seem not to have understand what this is all about. The questions is NOT whether Microsoft has a monopoly or not. This has been shown in US and EU courts that on the desktop market they DO have a monopoly (which legally does not necessarily mean that you have 100% of the market). Thus Microsoft have to follow rules that apply to companies in monopoly situations.

    One such rule (in EU and US) is that you aren't allowed to exploit your dominating position so as to extend your monopoly into other areas. Thus Microsoft cannot suddenly change Windows so that Firefox stops working, without giving Firefox a fair chance to adapt to the changes. In a number of cases during the years, Microsoft has failed to live up to this rule and sometimes driven companies our of business.

    Next... The question is NOT whether Microsoft has illegitimately exploited its current monopoly. This has been shown in both US and EU courts. In the case we are talking about today, Microsoft has exploited its monopoly on desktops to leverage their server solutions, by keeping the protocols for interaction secret. Note, this is something that only applies to companies in monopoly situations. If you were a small player you may keep everything secret, but if you have a monopoly you have to act with care.

    The questions is rather, what do we do about it? By the EU court Microsoft has been given two alternatives, 1) pay a 2M Euro fine a day, or 2) publish documents regarding the protocols so that competitors are given a chance to compete. Note the EU court has NOT asked for the source code, it has asked for documentation.

    Is the source code enough documentation in itself? Well... why do programmers need documentation? Because... browsing through millions of lines of code takes an enormous amount of time, especially as it is in constant change. Competitors need to know WHAT something does, not HOW it is done.

    1. Re:Please, try to understand what it is all about! by Anonymous Coward · · Score: 0

      If I understand the sequence of events, MS has offered documentation of the protocols as was requested. Next the requests kept coming for more and more and the bar for compliance was continuously raised. Giving the source code is the best possible addition to the documentation that could be given under this circumstance to get this settled once and for all. So now the EU has BOTH documentation AND source code to help anyone who wants to build competing technology.

    2. Re:Please, try to understand what it is all about! by 99BottlesOfBeerInMyF · · Score: 1

      If I understand the sequence of events, MS has offered documentation of the protocols as was requested. Next the requests kept coming for more and more and the bar for compliance was continuously raised. Giving the source code is the best possible addition to the documentation that could be given under this circumstance to get this settled once and for all. So now the EU has BOTH documentation AND source code to help anyone who wants to build competing technology.

      They way it unfolded, as I read, was that MS delayed as long as possible on the documentation and then handed over painfully incomplete documentation, which the EU said (after review) was not good enough. Since that time, MS has not handed over any more documentation, but has been given two extensions on collecting the fines, under the claim that they were working on fixing it. Now they have proposed that they will instead license the source code, for a fee, and with significant legal implications for what could be done after viewing it; basically failing to comply with a big part of the ruling.

      There are several possible reasons for this behavior. MS may be trying to trick the EU, or they may be trying to generate negative publicity by claiming they more than complied, when in fact they did not comply. It is also entirely possible, MS does not have any internal documentation on their protocols, beyond the mistake filled, incomplete documentation they handed over and they haven't bothered to write it to comply with the EU ruling.

    3. Re:Please, try to understand what it is all about! by Anonymous Coward · · Score: 0

      Your understanding is incorrect. Each time the EU received a set of documentation, they say it is not complaint, changes the requirements and demands a new set of changes, and sets an additional deadline.

      To date Microsoft has provided over 14,000 pages of documentation. Yes, that's a 14 followed by 3 zeros.

      This is Microsoft's last attempt to reach compliance, and I suspect they're using it as a way to determine if the EU will really ever accept anything as compliant.

    4. Re:Please, try to understand what it is all about! by 99BottlesOfBeerInMyF · · Score: 1

      Your understanding is incorrect. Each time the EU received a set of documentation, they say it is not complaint, changes the requirements and demands a new set of changes, and sets an additional deadline.

      I don't see any evidence to support your claim. I looked at four articles about this case and each one mentioned only one set of documents handed over thus far. Do you have any sources for this? Also, I only see one version of the requirements, which is pretty general and just says they must fully document the interface/protocol/APIs. I think you are misinformed.

      To date Microsoft has provided over 14,000 pages of documentation. Yes, that's a 14 followed by 3 zeros.

      What does the number of pages have to do with it? It is the completeness and accuracy of the data that is important. In fact, excessive amounts are detrimental. I once ran a project where my task was to give our customers so much useless documentation that they would not be able to read it in time to realize it was worthless. Old manuals, source code comments, and 30 coders typing in Word for three days later we handed them ten three ring binders, each filled with more than 12,000 pages of largely useless documentation.

      The quantity alone is in no way indicative as to whether the documentation is compliant.

      This is Microsoft's last attempt to reach compliance, and I suspect they're using it as a way to determine if the EU will really ever accept anything as compliant.

      Then they are complete idiots. I don't actually think they are, mind you, I just think you are mistaken as to their intentions. The point of this documentation is so that competitors can compete on even footing in the server market, despite MS's illegal use of their existing monopoly. Licensing the source code, for an undetermined sum, without proper documentation and without revoking their rights to that intellectual property does not achieve that goal. Anyone who reads the source, under this license, is a legal liability to an open source project and opens up that project to lawsuits. Also, they are requiring payment, for complying with a court judgment against them. That is like an armed robber demanding to be paid hourly for his time in prison while saying, "some nights I'm going to go out, but my cousin will fill in." It is absurdly arrogant.

      This is either a PR stunt, or an attempt to fool the EU judges. Hopefully it will not succeed.

  62. Re:Does anyone else not have a problem with this.. by WhiteWolf666 · · Score: 2, Insightful

    them to give up THEIR intellectual property that they have developed is just proving their point

    Your totally misinformed.

    1. Microsoft is a monopoly.
    2. Monopolies exert significant market pressure that distorts competitive landscapes. This means that unless a product is vastly superior to a Microsoft product, Microsoft will win. It makes competing on merit far more difficult.
    3. In order to remedy this, the EU has insisted MS supplies interoperability documentation, as interoprability concerns are the PRIMARY market barrier that MS maintains. Why does everyone use MS software? Primary reason: Not because its the best, but because its the most interoperable.

    End result of interopability? More (and better) software from competing software manufactures, and more (and better) software from Microsoft. Look at Firefox; Firefox is more or less interoperable with IE. And look at the Firefox rate of improvement? It seems to have knocked MS out of its IE stagnation. Everyone wins!

    4. In order to comply with the EU order, MS offered to license its source code to anyone willing to pay a reasonable fee. This is nice and all, but doesn't satisfy the interoperability requirement! The EU has NOT said MS isn't in compliance, but at the same time they haven't decided that MS IS in compliance. At the moment (and the subject of the article) the EU council is deciding whether or not supplying source code is "sufficent" documentation for a competing company to develop and interoperable implementation. If it is found to be so, end of story.

    5. The CORRECT solution for MS would have been to supply documentation for the interfaces and protocols of its various Windows platform related applications. Not the entire source code, just interface documentation.

    I don't understand how thats an unreasonable request for a twice convicted monopolist whose primary market barrier is interoperability concerns. Seems like a very fair and reasonable judgement, certainly much more fair (to MS) than a company breakup or vast restrictions on their business plan.

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  63. Re:Stupid white man cares about M$$$ by Anonymous Coward · · Score: 0

    You, sir, smell funny. Over the internet.

  64. Someone can Educate You! by Mateo_LeFou · · Score: 1
    Have you read the EU ruling/decision/requirements? Or just the opinions of assorted Microsoft executives about the ruling/decision/requirements?

    here you go, it's long but pretty clear Decision

    Some highlights, in case you actually want the information:

    "Microsoft Corporation shall, within 120 days of the date of notification of this Decision, make the Interoperability Information available to any undertaking having an interest in developing and distributing work group server operating system products and shall, on reasonable and non-discriminatory terms, allow the use of the Interoperability Information by such undertakings for the purpose of developing and distributing work group server operating system products"

    "the Interoperability Information" means "the complete and accurate specifications for all the Protocols implemented in Windows Work Group Server Operating Systems and that are used by Windows Work Group Servers to deliver file and print services and group and user administration services, including the Windows Domain Controller services, Active Directory services and Group Policy services, to Windows Work Group Networks"

    Man, that was EASY! It's almost like the Comission wanted me and everyone else to know what their requirements were!

    --
    My turnips listen for the soft cry of your love
  65. Dense fucking people by John+Nowak · · Score: 1

    The issue is not that they grew their company... it is that they did it *illegally*. Please get that through your heads. All the EU is trying to do at this point is re-level the playing field.

  66. MS is giving source code, specs, and tech support by I'm+Don+Giovanni · · Score: 1

    The code isn't meant to be "compilable". It's to be used as reference material to supplement the already 1200 pages of documentation and 500 hours of free technical support that Microsoft is already offering for the network protocols in question. The EU keeps moving the goal posts, and it's really obvious that they're just trying to shake down a non-European company.

    --
    -- "I never gave these stories much credence." - HAL 9000
  67. Stand and deliver by FishandChips · · Score: 3, Insightful

    My reading is that the EU is miffed at the way Microsoft has handled this over the past few days. Microsoft seem to have sent the EU compliance folks the minimum of details while spinning a big press release and publicity bandwagon about what a massive, epoch-making offer they now have on the table. Presumably Microsoft are hoping either to overwhelm the EU via the publicity effect or push the EU into a corner whereby if the EU turn down this "offer" (which is not what Micrsoft were asked to provide) they will look churlish and against the opening up of closed code.

    It's all a game. Microsoft don't want to comply if they can avoid it, because they see interoperability as bad for their business. We know that; they know that; and they know we know that. Hence this little charade with thousands of documents and byzantine and no doubt extremely expensive "peak at our code" procedures. Just my 2 cents, but I hope the EU take a tough stance against this attempt to intimidate and manipulate them.

    --
    Las qué passoun
    tournoun pas maï
  68. what a maroon by Anonymous Coward · · Score: 0

    The EU also "screws over" EU companies. E.g. BMW.

    Dipstick.

  69. Re:Does anyone else not have a problem with this.. by 99BottlesOfBeerInMyF · · Score: 4, Insightful

    Big picture view, I do believe Microsoft to be a monopoly. I do believe there needs to be some sort of repercussion for it but I think anyone asking them to give up THEIR intellectual property that they have developed is just proving their point... they are the best.

    Do you have any idea what the point of anti-trust legislation is? It is to remove an unfair business advantage that allows an inferior product to dominate a market, because there is no ability for the customer to choose the competition. They were never asked to give up their intellectual property. They were asked to document their protocols so developers can compete on even ground for making software that works with Windows (since it is wholly unreasonable to expect everyone to switch away from Windows at the same time). They are offering to license their source code as an alternative, and a poor one at that.

    Microsoft is not the devil, they do not stifle innovation and the people and organizations who claim they do are either on the loosing end or are just tyring to get a piece of the pie for themselves.

    Internet Explorer holds 90% of the browser market. It is a piece of crap. It is insecure, ancient technology that cannot even properly render the six year old specifications it was originally implemented with. The mere fact that it dominate the market has held back internet standards, tabbed browsing, ad blocking and the Web in general for more than half a decade, despite numerous better alternatives is proof enough. As someone who has done fair bit of Web development I assert that anyone who claims MS is not stifling innovation does not know what they are talking about. That does not even count the dozens of other standards they have intentionally corrupted, or the dozens of companies they have bought out or driven out of business using their monopoly. It is awfully hard to sell a product when everyone is already forced to buy your competitor's. You have to be so much better that people will both go out of their way and find another product and pay for it again. This is called "bundling."

    If someone out there was better than Microsoft, we would see that.... look at Firefox... it works WONDERFULLY on Windows XP, and its what I use.

    Yep, it sure does. Now, ask yourself why is 90% of the market dominated by its inferior competitor? You do realize what MS is doing is illegal, right? And you don't think they should be punished in some way that might discourage them from doing the same thing in the future? Like with media players and antivirus software and every other market they decide to swallow.

    I think the people asking Microsoft to "open up Windows" are just admitting defeat.

    Here are a couple of facts for you: Most people will never by a stand alone OS. They will just use what is on their computer. There is basically zero possibility of convincing every business and individual to switch to another OS all at once. As a result of this, there is a need for any product to interoperate with Windows in order to gain market share. Unless their are published, implementable specifications for interoperability, this cannot happen and hence MS will always remain in its monopoly position. No one wants the source code. Everyone needs open API's, protocols, and formats. MS was ordered to provide some of the APIs. They have thus far refused and instead are trying to offer to sell, the right to view the source, with restrictions, for an undisclosed price. This is wholly unacceptable.

    Rather than worry about "opening up Windows, or decoupling IE from Windows" isn't it time that people start innovating and competing with Microsoft?

    That is the problem. You can't compete against a monopoly that bundles what you make. It is not economically feasible and even superior software you create will not win in the market, like Firefox. That is the whole point of the EU rulings, to try to make it possible to compete on even ground.

  70. Re:Does anyone else not have a problem with this.. by lubricated · · Score: 1

    >> If someone out there was better than Microsoft.
    who is microsoft better than?

    >> I think anyone asking them to give up THEIR intellectual property
    Just specs.

    >> look at Firefox... it works WONDERFULLY on Windows XP
    sounds like you think it's better than ie, yet it's usuage is not even close.

    >> isn't it time that people start innovating and competing with Microsoft?
    damn straight, that's what these repricussions are supposed to do.

    --
    It has been statistically shown that helmets increase the risk of head injury.
  71. Microsoft's Current Monopolistic practices by Nazmun · · Score: 1

    It's been quite some time and I really don't see microsoft wielding anywhere near as much power as before. 8 years ago windows was dominant and almost necessary for most computers. This is not true anymore, sure ms is on more desktops then not BUT the competition isn't hindered much by that fact anymore.

    What's stopping them from taking advantage of a free and powerful OS like linux. Many business and goverment offices can easily run on linux free of charge. With such an alternative I don't see how MS is monopolizing anything over there. It's their choice if they want to go ms. I know the general dislike and disgust of microsoft is great here but it almost seems like the EU might just be badgering a non EU company.

    --
    Hmmm... Pie...
  72. ps by lubricated · · Score: 1

    these things that are supposed to fix the market are retarded. Software needs to be treated like any other business.
    What needs to happen is that companies like dell need to be allowed to sell another os, without repricussions from microsoft.

    Just like the government had to step if and force Boeing to offer other engines on their jets than just prat+whitney.
    It's lame to think that just because it's software special rules apply.

    --
    It has been statistically shown that helmets increase the risk of head injury.
  73. Microsoft already provided specs and tech support by I'm+Don+Giovanni · · Score: 1

    Microsoft already provided 1200 (or 12000, I forget which) pages of documentation plus 500 hours of free tech support for any dev that's trying to implement the protocols in question. The EU is full of crap. They are going to declare Microsoft to be "out of compliance" no matter what Microsoft does, just so that they can levy fines to fill the coffers in Brussels. This is an old fashioned shake down, nothing more, nothing less.

    --
    -- "I never gave these stories much credence." - HAL 9000
  74. Re:MS is giving jack and shit by lubricated · · Score: 1

    >> The code isn't meant to be "compilable".
    Then it's useless, how do you even know that you are getting real code.

    >> It's to be used as reference material to supplement the already 1200 pages of documentation and 500 hours of free technical support that Microsoft is already offering for the network protocols in question.

    They aren't giving it away. They are charging up the ass for it. It's like opening up a new market to "punish" a company that broke the law.

    --
    It has been statistically shown that helmets increase the risk of head injury.
  75. Language by Anonymous Coward · · Score: 0

    At the risk of seeming off-topic, I wanted to point out that the main headline "still not enough" appears to be indicative of the delusion some members of the press are under.

    The EU asked for A.

    Microsoft offered B.

    The EU says B is not A. The EU may still want A instead of B.

    How is offering B instead of A presupposed to be enough? I don't get it.

  76. Re:Source Code Interoperability Spec by fritsd · · Score: 2, Informative

    In a word: yes.
    The EC didn't *want* the source code, they were even smart enough to explicitly mention they only demanded documentation, not source code (look it up if you don't believe me). Apparently Neelie Kroes, the commisioner for competition, is as surprised as you and me about why Microsoft suddenly offer *this* as an anti-competition remedy. I just hope she's adamant to stick to the ruling of march 2004 because that actually made sense. Disclaimer: I'm not a lawyer nor an economist. Can anyone think of a reason why opening up the source code can be regarded as a remedy, instead of just publishing the interface documentation??

    --
    To be, or not to be: isn't that quite logical, Slashdot Beta?
  77. This isn't complying! by Anonymous Coward · · Score: 1, Informative

    Has to comply??? Source code is not documentation of the specification! They have to comply with any government's demand if they want to do business in that country. The EU didn't demand source code, they required adequate documentation.

  78. access to source will make detection easier by FlippyTheSkillsaw · · Score: 1

    I don't buy it. Having access to the source will make it easier for the public to determine if someone has put MS code into a project (or vice versa) and it will come to light quickly.

    Given that open source is already open and Microsoft is just now going to start providing it to specific groups, I'd say the open source author has a lot more ground to stand on, which may somewhat compensate for the unbalance of money.

    1. Re:access to source will make detection easier by eneville · · Score: 1

      I agree, but in addition it means there will be a select group of MS gold etc partners who profit from this.

      It will not mean that everyone gets a chance to innovate. Which is what the EU want. More innovation from Europeans.

  79. XP Source code by Anonymous Coward · · Score: 0

    no torrents up yet?

  80. Re:The Same thing by justsomebody · · Score: 3, Insightful

    Wrong.

    EU wants open SPECS, not source code for fee. MS completely missed the request.

    Can somebody please mod article as TROLL? Poster of this article is obviously using wrong organ to think.

    As it was posted sounds like:
    Even source code is not enough for EU, they just want to go on all-out-MS-war, while in reality EU only demands freely accessible readable SPECS.

    There was request for readable and freely accesible SPECS, not for source code.

    1. Specs MS provided at first were not readable.
    2. MS decided to provide code for fee under licence which completely obstructs any way to cooperate with most OSS licenses. Original intention EU was demanded for this one sole purpose which levels the playing field between OSS and MS.

    p.s. C'mon /. Is it not enough for first poster to be trolls in 99.999% ? Now even article posters are competing for "first post" troll?

    --
    Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
  81. Re:Does anyone else not have a problem with this.. by PitaBred · · Score: 1

    And people have been sued for having a plot similar to someone else's. It's not an excuse, it's reality.
    And, re-read what I said. I'm not excusing anything. I'm saying that unless people are doing it for free, as soon as it starts gaining attention Microsoft will buy your product (or one like that) and run other people out of the market, or at least try to leverage their monopoly so that happens. Witness: Anti-Spyware, Internet Explorer, IIS, Media Player, DirectX.

  82. Another stall tactic? by rkhalloran · · Score: 2, Informative

    Is MS saying their protocols aren't specified anywhere, and the only way to interoperate is to reverse-engineer directly from source?

    A lot of the F/OSS folks won't want to touch that for fear of later legal claims of plagiarizing, even if they had the 50K license fees available.

    What they were *asked* for, and owe the EU antitrust folks, is a complete protocol spec for others to work from. They don't *want* the source, they don't care; they're quite capable of writing their own code, thanks, if they know what to work to.

  83. Yawn by NitsujTPU · · Score: 0, Flamebait

    The EU can't find it in their hearts to switch to Linux, but feel that OSS is the right way to go. The solution, force MS to publish their source.

    What a victory for... capitalism? No, if they were letting capitalism work, they'd switch products. Open Source? The FSF must be thrilled that they can now license to peek at MS source... not so much. Ahh, Linux... no, the EU hates Linux so much, that they can't bear the thought of departing from Windows.

    Whoever you are, whatever you've accomplished, uhmm, congratulations or... something.

    1. Re:Yawn by WhiteWolf666 · · Score: 2, Informative

      The EU can't find it in their hearts to switch to Linux, but feel that OSS is the right way to go. The solution, force MS to publish their source.

      Are you a complete idiot, intentional obtuse, an MSFT employee, or all of the above?

      The EU never, ever asked MS to publish sources. The EU asked MS to provide documentation for interfaces, protocols, and file formats.

      MSFT responded by publishing source.

      The EU replied that publishing source doesn't necessarily mean that they've complied with the documentation requirement. This is true. The EU may find that they have complied, but are currently trying to determine if the supplied source is enough for competing companies to use it to build interoperable inferfaces, protocols, and file formats.

      At no point did the EU request the source, they actually requested something entirely different, and something much more limited. They are trying to give MS the benefit of the doubt, and say that publishing the source is equivalent to providing documentation. Frankly, in terms of interoperability, source is much less useful than proper documentation.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    2. Re:Yawn by NitsujTPU · · Score: 1

      Are you a complete idiot, intentional obtuse, an MSFT employee, or all of the above?

      A complete idiot I suppose. I thougth that the EU had solicited the publication of MSFT source code. I'll go back into my hole now. Thanks for making it personal. Your level of professionalism indicates that you must certainly be the dean of admissions at Stanford. I bow in your presence.

    3. Re:Yawn by NitsujTPU · · Score: 1

      By the way, I didn't mean that as an insult against the dean of admission at Stanford. It was really meant in a more ironic tone. Goodness, I'll just have to stop posting to Slashdot.

    4. Re:Yawn by NitsujTPU · · Score: 1

      Also, I should state that I have the utmost respect for Stanford University, it's faculty, and it's students.

      Ok, enough backpeddling. WhiteWolf666, lose the attitude man. I have an opinion. As to my intellect, I don't really need you to judge it. I have plenty of feedback from people that I have a very deep level of respect for. I tire of Slashdot posters going lowest common denominator on me whenever they disagree with something that I have to say.

      Listen, the end result was that MS published their source and that nothing has happened. Either way, if the EU really felt all that passionate about this, they'd go with a different vendor. Nobody is forcing them to use MS. They could go out and purchase a pile of Macs or Sun machines tomorrow. This solution yields nothing for anyone.

      In other words, I think that, despite the fact that I've been focussing more on getting a PhD than reading Slashdot for the past several years of my life, that I still have a pretty good grip on the world. I don't need to insult you for pretending to be a vampire in your freetime to make my point.

    5. Re:Yawn by WhiteWolf666 · · Score: 1

      I'm sorry you took my comment so close to heart, but--- if your going to post something inflammatory, expect to be flamed.

      The EU can't find it in their hearts to switch to Linux, but feel that OSS is the right way to go. The solution, force MS to publish their source.

      What a victory for... capitalism? No, if they were letting capitalism work, they'd switch products. Open Source? The FSF must be thrilled that they can now license to peek at MS source... not so much. Ahh, Linux... no, the EU hates Linux so much, that they can't bear the thought of departing from Windows.

      Whoever you are, whatever you've accomplished, uhmm, congratulations or... something.


      Perhaps the EU would like to switch to Linux, but interoperability with Windows systems is a requirement. Perhaps the EU would like to switch portions of their infrastructure to alternative systems, but these alternative suppliers have not been able to develop comprehensive interoperable protocols, because extensive reverse engineering is expensive.

      Both EU and U.S. courts have found Microsoft to be a monopoly. As a monopoly, Microsoft represents a market failure. I'd argue that in many ways Microsoft got into its position via illegal acts. Microsoft has been known to play dirty for a long, long time. Look what they did to Stacker, OS/2, and a wide variety of companies that tried to work with them.

      Look at the bullshit they pulled in their antitrust trial. Look at the video they doctored for the trial.

      What about Microsoft's funding of the SCO madness, to the tune of nearly $65 million?

      Pardon my french, pardon my bad attitude about the matter, but these fuckers play ugly. Really ugly. As someone who's business was once badly damaged in a Microsoft play, without the cash to pursue it legally (like Stacker, who was shut down by Microsoft, and eventually forced Microsoft to settle with them, once their business (stackers) was already beyond repair), I take the notion of "illegitimate barriers to market entry" more seriously than most.

      Capitalism only works when people play by the rules. Once you switch to clearly illegal acts, once you start breaking agreements with your supposed allies, and start stabbing them in the back; once you start destroying competitors not throught competition, but through fraud--- you're a monopoly, and an evil one at that.

      Capitalism doesn't work when someone doesn't play nice; that's why we have government, to make sure people play nice. I'm a libertarian, but even objectivists will recognize that the government has some role in protecting against fraud.

      You come off as downright derogative towards the EU, yet have absolutely no grasp of the issues at hand. You're right; I overreacted in my response. However, lines like "Whoever you are, whatever you've accomplished, uhmm, congratulations or... something." come off very, very badly to me. I've personal experience the wrong end of the Microsoft stick (in a small way). People have been fighting the fradulent activities of this company for _decades_. This company has literally held the entire computing sector in an iron grip for over a decade.

      The EU attempts to force MS to produce documentation, to facilitate interoperability, in an attempt to directly address the most obvious form of market barrier that Microsoft has established. This isn't a huge fine; this isn't breaking the company. I cannot, in fact, think of a better, more capitalist, more lenient solution.

      Capitalism doesn't mean that the government never intervenes. Even Objectivists view Fraud as a violation of their Non-Aggression principle, permitting government intervention.

      I shouldn't have been as hot headed as I was, but don't attempt to make a glibe insult in a discussion about which you are not fully aware of the major facts.

      MS has a longterm history of misleading "s

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    6. Re:Yawn by WhiteWolf666 · · Score: 1

      Eek. My grammar and spelling are atrocious.

      BTW. Mods, feel free to mark my original top-level response as "troll". It probably is a bit trollish.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    7. Re:Yawn by WhiteWolf666 · · Score: 1

      I'd also like to say:

      "Microsoft's proposal is to provide the server source code and 500 hours of "free" support under an NDA and at a cost of US$10,000."

      You do realize that it boils down to Microsoft extending its "Shared Source" access to the corporate world at a cost of $10,000 per developer?

      That's more than slightly audacious. The EU demanded a certain remedy, and Microsoft decided to bargain with them by selling secret shared-source access.

      Same old MS BS.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    8. Re:Yawn by NitsujTPU · · Score: 1

      Well, I didn't mean to touch a sore spot or make enemies.

      I certainly didn't mean anything against the EU. I look at a lot of things that happen in large legislative bodies (including the US goverment) and I say, "what the heck did that accomplish?" That is the summary of my feeling in this.

      I'm not exactly supporting MS in this matter either. I'm just looking at this and seeing it as zero sum. I'm a proud associate member of the FSF, and a supporter of free software.

      I was really going for "funny" rather than derogative. Seriously, however, if by "having nothing happen to them," Microsoft is somehow paying in all of this, then, yes, they're paying. I don't think that this will lead to:

      1) Microsoft losing a dime
      2) My wireless card working without NDISWrapper (Yes, this is being typed on my Gentoo Linux notebook, on which I hack code that goes onto Linux clusters to support research at the lab at which I hold my research assistantship).

      So, I look at it and shrug my shoulders. It's not my intention to push anyone's buttons. And, if anybody involved in this bit is offended, well then, I apologize. It wasn't my intent. My intent was to look at it say, "this is what I see this as." I still see it that way. It's the organizations that are migrating to free software that MS has to be afraid of (and only if more of them start doing so). I just don't see this act as a likely step in the direction of increasing that number. Perhaps I'll get an email from my buddy at the FSF explaining that I got it all wrong tonight.

      Again, perhaps I should stop posting on Slashdot though. I have to be mindful of my political stance, or potential employers and collaborators may be turned off, and, besides, other students here seem to view it as a terrible waste of otherwise productive time. Especially given my proclivity for entering flame wars. I guess that the way that we become accustomed to speaking about such topics in graduate school has a grating manner about it. I remember feeling somewhat grated by friends who were in grad school before I returned to school, probably because they spoke the way that I do now.

    9. Re:Yawn by NitsujTPU · · Score: 1

      I should qualify, in case any professors are reading, that this isn't something that I spend a lot of time on. I just generally finish posting on Slashdot feeling somewhat wiped from the experience. When other students discuss the matter with me, they say "yeah, I sink a lot of time in that site." I think that most of us pretty much swear posting and even reading off during high-stress periods. Since I'm starting one at the moment, I really should have just stayed like a turtle.

      Oh well, sorry if anyone got twisted funny.

    10. Re:Yawn by NitsujTPU · · Score: 1

      Well, I'd like to add that I'm sorry that the matter is one that strikes you so bitterly. But, like I said, it just doesn't strike me that anything is actually going to come of this. You're mistaking a lot of what I'm saying as taking sides. I'm looking at it and asking "what will the end result of this be?" I know that there are people in the EU driving for something that will really change something, but, I don't see it.

      I mean, honestly, we all know where you stand on this... what do you expect will happen out of it? My prediction? MS still won't publish anything that changes their business strategy. The EU will continue purchasing Windows on all of their machinery, and the world will march along as if this never happened. I don't even view this matter as an opportunity for disruptive change, and, certainly, nothing that will cause any hardships on the part of MS.

      Also, I should add that I play Vampire too :-D

    11. Re:Yawn by NitsujTPU · · Score: 1

      I should also add that I'm not really one to speak from a position where I don't have most of the facts.

      The facts here:

      1) MS has been litigated against multiple times for monopolistic tactics... sure
      2) The EU pushed some litigation... sure
      3) "Open your protocols!"
              Counterargument... why not just NOT USE MS products? If their intention was to move from MS, they wouldn't be seeking a way to tie thousands of products to MS infastructure.
      4) MS publishes source code
      5) EU says, "ok" -- Yet to be seen, but I think that that's what's coming
      6) Nothing happens -- A bit speculative

      See, if the intention really is to move Microsoft out of the picture, adopting their protocols and so forth has nothing to do with the solution. People can compete with Microsoft by... adding still more compatible software to the mix? If anything, this strategy sounds as if it would embed MS more thoroughly into the mire, making it nearly impossible to remove.

    12. Re:Yawn by WhiteWolf666 · · Score: 1

      *shrug*

      (offtopic)Yes, Vampire is loads of fun(/offtopic)

      I suppose your probably right. In some ways, however, I think that compatibility helps people move off MS products gradually. Few business are willing to move wholesale, however, they are much more likely to consider it piece by piece.

      I used this viral approach in my office. First OpenOffice.org. Then our servers. Then our web apps (that was interesting). Then peoples old machines got switched to Linux one by one, and all new purchases are OS X or Linux.

      We've got one Windows box left; but he just let me put it on a KVM switch with his new Mac Mini.

      At least in most risk adverse scenarios, you won't be able to convince people to drop MS; but you might be able to convince them to go with a 100% compatible alternative.

      The second step, the one away from the 100% compatible alternative, isn't nearly as hard.

      I think you might underestimate government's desire for change from Microsoft. The more I read about the first antitrust trial, where Judge Jackson ordered a breakup; the more I was impressed with both his (and the prosecutors) knowledge of the issues at hand. They often made various MS VPs look foolish, and I think they were honestly trying to change the world.

      Look at the former IT director of the State of Massachusettes; a hard working individual who pushed really hard for a policy not because it was the easy thing to do, but because he thought it was the right thing to do.

      When I read documents coming out of the EC these days regarding MS, I'm honestly quite impressed by the various commissioners attitude. They aren't anti-MS hacks; they just want to force MS into competing fairly, and they want to see a world where no company is permitted to rabidly tear apart other companies. They didn't take the easy way out, and just accept the first offer from MS (*ahem*, US DoJ). They really are trying, and I think its fair to hope for change.

      Do you really think the computer world is fine as-is? Should the EU just give up? Is the MS-centric world the way things should be?

      Or do you believe that the government isn't able to generate positive change? Perhaps you just believe that the government is incapable of changing Microsoft (that's potentially a very good argument, but then again, that just might be my MS hatred coming out.)

      The only place where I doubt my position is on that question. Maybe I just see things colored through lenses of hatred, and I should just be happy with the MS-world. It's just that my experience with alternative products shows me that computing is really a lot better with limited MS involvement; but given that I'm hardly risk-adverse (probably more risk-seeking than anything), I'm not a good barometer for microeconomic examples.

      What do I expect will happen? MS will get fined for a month, and it will submit a request for delay. This pattern will repeat, with MS releasing slightly more documentation each time until the EC's independant fact-finding CS people agree, "Yes, this is enough." It won't actually be enough, and there will be problems with it, but it will be a heck of a lot easier than reverse engineering from scratch. Perhaps we'll even see a WinForms implementation for Mono sooner rather than later.

      The end "vision" of this, at least from the EC's perspective, is a world where you can pick from multiple suppliers, each of which supplies a product that is slightly different. These products will fit into the same roles, with minor caveats. They'll be mainly drop-in replacements; the work involved in switching from a Novell solution to an MS solution will be minor, compared to the current shock involved. In an attempt to push computing towards maturing, the EC seeks a standards based world, where consortiums of companies develop open standards with proprietary implementations that are mainly interoperable.

      Look at, say, the automobile industry's ability to purchase engines for various lines of vehicles from competing manu

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    13. Re:Yawn by NitsujTPU · · Score: 1

      Well. I dunno. Having had a day to rethink everything, I suppose that my cavalier attitude was a bit too much. I wanted to be funny, but, in all seriousness, these folks are trying to do something.

      If people had given up on me every time something that I did didn't work at first, then I would be nowhere.

  84. Re:Does anyone else not have a problem with this.. by ad0gg · · Score: 1
    By monolopy, you mean i can go out and by machines non microsoft preinstalled machines like linspire or Macs My electric company is monolopy, i have no choice. I have choice on what OS i use, i can guarantee you majority slashdot users are not running windows as their main OS.

    Calling Microsoft a monolopy on an OS is like calling apple an monolopy on portable music players. MS owns 90% of the OS department, ipods own 90% aswell.

    --

    Have you ever been to a turkish prison?

  85. Re:Source Code Interoperability Spec by rkhalloran · · Score: 1

    The problems are (a) anyone looking at the source and then working on a counterpart product can expect an IP lawsuit from MS and (b) if interoperability is a moving target then looking at source in 2006 may not help you in 2007 when it gets changed again.

    The answer is (a) provide a SPEC of the protocol that you can actually implement against and (b) have MS stop tweaking said spec every other year in order to break interoperability with competitors.

  86. Right on by Anonymous Coward · · Score: 1, Insightful

    I mean, what if Europe demanded to know the secret ingredients to certain food products.

    Yeah. Or worse, imagine if every single food product on the market were required to list all its ingredients, as well as the exact quantities of things like sugar and sodium, in a standardized format that food companies were forced to print right on the side of the food product's box. What a bizarre and terrible world that would be. It would be a simple violation of basic human rights if consumers were to demand to know this information.

    Why do these wacko left-wing european statists have no respect for corporate privacy?

  87. Re:Does anyone else not have a problem with this.. by Anonymous Coward · · Score: 0

    How is anyone supposed to compete with microsoft with them making deals to stop distributors from selling PCs with other OSes on them?

    That's 90% of my beef with them. They catch a lot of flak but as soon as I can walk into a chain store and buy a PC with something like BeOS or a GNU distro then they're forgiven, in my book.

    Once there is a competitor on John Q's radar the market will be able to hold them accountable and they'll have to behave more...

  88. EU wants source for FREE by Anonymous Coward · · Score: 0

    They want it for Free, anything less is just
    not good enough

  89. Re:Microsoft already provided specs and tech suppo by Twanfox · · Score: 1

    While I'm going to be labeled as 'on the bandwagon to hang Microsoft', when you've been convicted of being an abusive monopoly in *2* countries/unions, frankly, I want to see them suffer like those they've made suffer. They forgot ethics when they decided to do business, perhaps it's time to remind them why ethics is a good thing by making them be on the receiving end of it for a change.

  90. Re:The Same thing by harism · · Score: 1

    Well, I don't know about the idea/logic/politics behind this - has everything been told. But I know for sure, I've always wondered why Microsoft products are not being developed here in Europe - at least that I knew about it. I've also asked Microsoft representatives here in Finland to try to get source code for us too, like American schools do. Simply to learn coding. This news goes far beyond my understanding. Visual Studio is great IDE at least, imho. I have to admit, I used to be quite pro-MS, but since they started blogs my mind has changed dramatically.

  91. License by WurdBendur · · Score: 1

    "And what is the license that will go with it ?"

    I believe it will prohibit any actual viewing of the code.

    --
    SCISNE? ANUS SIMIAE!
  92. dark days ahead by Anonymous Coward · · Score: 0

    Atlas Will Shrug

  93. crippling? by Mateo_LeFou · · Score: 1
    >EUR 2 million a day forever, but it would be crippling to MS

    Total Revenue: 39,788,000,000
    Cost of Revenue: 6,200,000,000
    Gross Profit: 33,588,000,000

    minus $1.095 billion (365 days @ $3million/day -- my approximation of 2 million EUR ) --->
    32,493,000,000

    So that would cut their gross profit by a little over 3%.

    --
    My turnips listen for the soft cry of your love
  94. What does the EU want? by NickFortune · · Score: 1

    The EU wants Microsoft to comply with the relevant court judgement. What's so hard to understand?

    --
    Don't let THEM immanentize the Eschaton!
    1. Re:What does the EU want? by Anonymous Coward · · Score: 0

      The EU wants to make their non-competitive software industry (?) competitive on its own terms / turf

    2. Re:What does the EU want? by greenrd · · Score: 1
      I don't think it's actually a court judgment. It's my impression that here in the EU we do things a little differently than in the US when it comes to anti-trust. In the EU, the executive just decides if a company has broken the law and threatens fines if they don't change their behaviour. The decision can be appealed to the courts of course. In the US, the executive starts off by suing the company, which takes years, during which time said company blatantly continues and extends its monopolistic behaviour.

    3. Re:What does the EU want? by NickFortune · · Score: 1

      Really? And when the US also found Microsoft guilty of anticompetitive practices, what was the US government's ulterior motive?

      --
      Don't let THEM immanentize the Eschaton!
    4. Re:What does the EU want? by NickFortune · · Score: 1
      I don't think it's actually a court judgment.

      Quite right too, my mistake. It's a ruling by the EU commission. Which carries just as much legal weight, of course, save that it can be appealed.

      --
      Don't let THEM immanentize the Eschaton!
    5. Re:What does the EU want? by drsmithy · · Score: 1
      The EU wants Microsoft to comply with the relevant court judgement. What's so hard to understand?

      What "complying" actually entails.

    6. Re:What does the EU want? by NickFortune · · Score: 1
      I think it entails clear documentation. The documentation supplied wasn't clear enough, and source code isn't acceptable as a documentation of an API.

      I few people seem to be trying to spin this as the EU wanting ever more than MS are willing to offer. I don't think that's really the case here. I think Microsoft are trying it on offering unsuable substitutes to try and fob off the commission. I also think that if they acutally provide waht was originally requested - clear usable documentation, then the problem will go away.

      --
      Don't let THEM immanentize the Eschaton!
  95. When is enough, enough? by TheSkepticalOptimist · · Score: 0, Troll

    I mean, can we say irrational here?

    The Europe isn't known for global technological brilliance. Sure, perhaps in some areas, but not when it comes to the computer hardware and software industry. Heck, Japan isn't even at the fore front of computer software and technology (my sh*t is mostly made in China these days being designed in the US or even Canada). Its the US which make the world's most popular software, and the world just can't stand that.

    So the EU feels the only way for EU companies to compete against Microsoft is to rip off MS source code, come out with a cloned Windows product, and then probably undermine the Windows OS market by offering it dirt cheap, using the SAME ANTI-COMPETITIVE business practices that got Microsoft into trouble. (PS EU, you can do that already for FREE with Linux, get a clue!).

    I mean, look at the French/German company trying to rip off Google. When is the EU going to go after Google and force them to post all their development code and trade secrets. Its coming, just wait another year or two, especially if Google doesn't bend over for the EU if they make some smaller demand.

    What I feel should happen is Microsoft simply pull out of Europe. Stop selling Windows there, period! I mean, honestly. F*ck the EU! Once Europeans realize they can't get their favourite OS in ANY form, they will pretty much retaliate against the EU and force the EU to let Microsoft do business there, without restriction.

    Microsoft is making enough money around the world to hold out and not sell to the EU for a period of time. I don't think it would be long before European computer consumers force the EU to play nice with Micorosft.

    I mean, honestly Microsoft doesn't deserve to be played nice with, but at the same time, they suddenly decided to give competitors access to source code, along with 13000 pages of documentation on how to use it. What more does the EU want? It free and handed to them on a silver platter? Get Freakin Real! How about Microsoft just write a competitive OS with 98% of the same source code and hand it over to some French or German or British company and say, "Here you go, NOW can you compete you bloody eurotrash?"

    --
    I haven't thought of anything clever to put here, but then again most of you haven't either.
    1. Re:When is enough, enough? by c0rnn · · Score: 1

      Funny... I wonder what you would say if the US government would demand MS to hand out their source. Check this out though, http://img.photobucket.com/albums/v249/c0rnn/moron .jpg Yeah, go USA!

    2. Re:When is enough, enough? by belmolis · · Score: 1

      Microsoft's proposal is to provide source code and 12,000 pages of incomprehensible "documentation", and in any case, this isn't what they're being asked to do. On the one hand, nobody is asking that Microsoft reveal the details of their implementation. Indeed, nobody wants to know that because it would just make it problematic for other people to create interfaces to Microsoft's products since there would be the risk of being accused of using Microsoft trade secrets. On the other hand, source code is an inadequate response. One reason is of course that it is a huge amount of work to figure out what it does. The other is that once you know what it does, you don't know what is part of the standard, what is a bug, and what is an option.

      All that Microsoft has been asked to do is to provide proper documentation for its interface protocols. Those are not the crown jewels. Their failure to provide it means either that they are unwilling to comply or that they are incompetant.

    3. Re:When is enough, enough? by biscon · · Score: 1

      You just don't get it do you? The EU haven't asked for the fucking source.
      Besides source code is a terrible way of documenting how something works as you would know if you were a programmer. Take a look at the RFC's (request for comments) documenting internet standards. They don't contain source code, they contains stuff like: When the server sends packet X, the client is expected to blah blah blah.
      This is the kind of documentation the EU are asking for and since Microsoft is a convicted monopoly they have to provide that information inorder for competitors to able to compete.
      It's not a EU vs US thing, in fact your own government should have done the same to them.

    4. Re:When is enough, enough? by spitzak · · Score: 1

      I can't believe the fucking Microsoft apologists here today.

      The EU DID NOT ASK FOR SOURCE CODE

      Yet here is this idiot saying "So the EU feels the only way for EU companies to compete against Microsoft is to rip off MS source code". Is this part of the your plan on how to spin this? It is MICROSOFT that proposed source code. That is NOT what the EU is asking for.

  96. That makes more sense by A+nonymous+Coward · · Score: 1

    They want to continue to develop the spaghetti mess they have been working so hard on :-)

  97. Re:Microsoft already provided specs and tech suppo by NitsujTPU · · Score: 1

    This is like a convention. Are you folks Camarilla members?

  98. not free by belmolis · · Score: 1

    For some reason the article doesn't mention that Microsoft's proposal is to provide the server source code and 500 hours of "free" support under an NDA and at a cost of US$10,000. That pretty much excludes both OSS and companies without much funding. A proper standard would of course be free or nearly so (as I recall ISO docs are around US$100.)

  99. Some facts that might help by RedStar · · Score: 2, Informative

    From Europa Rapid Press release
    Document IP/04/382 24 March 2004
    "The European Commission has concluded, after a five-year investigation, that Microsoft Corporation broke European Union competition law by leveraging its near monopoly in the market for PC operating systems (OS) onto the markets for work group server operating systems(1) and for media players(2). Because the illegal behaviour is still ongoing, the Commission has ordered Microsoft to disclose to competitors, within 120 days, the interfaces(3) required for their products to be able to 'talk' with the ubiquitous Windows OS. Microsoft is also required, within 90 days, to offer a version of its Windows OS without Windows Media Player to PC manufacturers (or when selling directly to end users). In addition, Microsoft is fined 497 million for abusing its market power in the EU."
    IP/05/1215 5th October 2005
    "The European Commission has appointed Professor Neil Barrett, a computer scientist, as the Trustee who will provide technical advice to the Commission on issues relating to Microsoft's compliance with the Commission's 2004 Decision "
    IP/05/1695 22nd December 2005
    "The European Commission has issued a Statement of Objections against Microsoft for its failure to comply with certain of its obligations under the March 2004 Commission decision (the "March 2004 Decision", see IP/04/382). That decision found Microsoft to have infringed the EC Treaty rules on abuse of a dominant position (Article 82) by leveraging its near monopoly in the market for PC operating systems onto the markets for work group server operating systems and for media players. One of the remedies imposed by the decision was for Microsoft to disclose complete and accurate interface documentation which would allow non-Microsoft work group servers to achieve full interoperability with Windows PCs and servers. The Statement of Objections indicates that the Commission's preliminary view, supported by two reports from the Monitoring Trustee (see IP/05/1215), is that Microsoft has not yet provided complete and accurate specifications for this interoperability information. After giving Microsoft an opportunity to reply to the Statement of Objections, the Commission may impose a daily penalty." ...........
    "Since the 24(1) Decision, Microsoft has revised the interoperability information that it is obliged to disclose. However, the Commission takes the preliminary view that this information is incomplete and inaccurate. This view is supported by the report of the Monitoring Trustee, which concludes that, "any programmer or programming team seeking to use the Technical Documentation for a real development exercise would be wholly and completely unable to proceed on the basis of the documentation. The Technical Documentation is therefore totally unfit at this stage for its intended purpose." The report also states that, "the documentation appears to be fundamentally flawed in its conception, and in its level of explanation and detail... Overall, the process of using the documentation is an absolutely frustrating, time-consuming and ultimately fruitless task. The documentation needs quite drastic overhaul before it could be considered workable."

    Professor Neil Barrett, the Monitoring Trustee, is a computer science expert appointed by the Commission (see IP/05/1215) on the basis of a shortlist of candidates submitted by Microsoft. He provides impartial technical advice to the Commission on issues relating to Microsoft's compliance with the Commission's March 2004 Decision."
    MEMO/06/49 25th January 2006
    "The European Commission will study carefully the announcement made by Microsoft on 25th January once it has received the full details.

    The Commission is looking forward to receiving, no later than 15th February 2006, Microsoft's reply to the Statement of Objections sent by the Commission on 21st December 2005 (see IP/05/1695). The Commission sent the Statement of Objections because of Microsoft's failure to disclose complete and accurate interface docu

    1. Re:Some facts that might help by myfantasyromanc · · Score: 0

      question there are alot of programs for windows out there, why do they need to be able to see the source code to create interoperability? the fact is there should be no need as the programming languages that are out there provide the ability to run on windows. I don't see people like daemon-tools or any other software manufacturer need this so why does the european community need it?

      --
      I am giving away 2000 premium accounts on my new dating website myfantasyromance.com check it out!
  100. Re:MS is giving more than you or your mom by Orcasbay · · Score: 1

    >> They are charging up the ass for it. It's like opening up a new market to "punish" a company that broke the law. Good for them :-). EU is all about socialism, and if there is any capitalistic company daring to make money there then they must be bad. Maybe [you freeloading piss monkey who live's in your parents home] should examine how much it costs to support software code (and remember that even RedHat charges for support and so many other Linux Distros).

  101. Re:Does anyone else not have a problem with this.. by equack · · Score: 1
    ...THEIR intellectual property that they have developed...

    Microsoft hires talented people (Hi Justin!), but most of their innovations are, um, adopted. They have done some truly original things here and there, but I think their real strength is deciding which competing products to ignore, which to purchase, and which to clone for free inclusion in the next point oh release.

    It's awfully hard to compete with free.

  102. You don't get it. by Inside_Joke · · Score: 1

    The EU has the chance to stick it to the big bully on the block--America. They aren't going to let MS get away with ANYTHING now that they've got 'em where they want 'em. They are going to nail MS to the wall, to say "We aren't going to let those bullies in the US push us around anymore!"

    --
    I refuse to answer that question on the grounds that you're an idiot!
  103. Argh, correction by Jesus_666 · · Score: 1

    (2 !== 3) obviously returns true.

    --
    USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  104. Re:Microsoft already provided specs and tech suppo by WhiteWolf666 · · Score: 2, Insightful

    First of all, they are charging $10,00 for that. OSS need not apply.

    Second of all, even though there is boat loads of it, I doubt the documentation is comprehensive. Note that the DoJ is upset that Microsoft has not released documentation it agreed to do so in the 2001 settlement

    Furthermore, all avaliable evidence suggests that the Documentation currently offered to the EU is effectively broken

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  105. Way out of proportion. by diorcc · · Score: 1

    You guys are taking this [title]. I don't see why... Isn't anyone thankful that finally someone is forcing MICROSOFT to open up? I was cheering when I first read the news... and here all I see is "oh no, this after all is our doom...". OMG

  106. Re:MS is giving more than you or your mom by lubricated · · Score: 1

    >> Maybe [you freeloading piss monkey who live's in your parents home]

    grow up, troll

    --
    It has been statistically shown that helmets increase the risk of head injury.
  107. Re:MS is giving more than you or your mom by Orcasbay · · Score: 1

    I'm not the one whining to his mommy about big bad Microsoft not conforming to EU's moving goal post... TROLL!

  108. Clarification by powers_722 · · Score: 1

    Can someone explain to me the difference between the "Blueprints" and "source code"?

    1. Re:Clarification by smash · · Score: 2, Insightful
      "Blueprints" = laymans term for "source code" :D

      With regards to the article... let me guess - Microsoft gave them the assembly source files after running their C++ through a pre-processor? :D

      Asking for the source code was always going to be a bit dubious... :)

      If I were the EU, I'd be pressing for open, *DOCUMENTED* file formats and APIs instead :)

      smash.

      --
      I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  109. Re:MS is giving more than you or your mom by lubricated · · Score: 1

    lol

    --
    It has been statistically shown that helmets increase the risk of head injury.
  110. Re:Does anyone else not have a problem with this.. by gnasher719 · · Score: 1

    '' Rather than worry about "opening up Windows, or decoupling IE from Windows" isn't it time that people start innovating and competing with Microsoft? ''

    Yes, that is why Microsoft has to produce the documentation how to interact with their software, so that others can start innovating and competing. Without that documentation, the Microsoft monopoly prevents competition.

    Now it seems that Microsoft is uncapable to provide documentation, so as a publicity stunt they propose to let others read their source code instead of documentation. But as any programmer knows (are there any here on Slashdot? ), SOURCE CODE IS NOT DOCUMENTATION.

  111. Re:Does anyone else not have a problem with this.. by asabjorn · · Score: 1

    "Big picture view, I do believe Microsoft to be a monopoly. I do believe there needs to be some sort of repercussion for it but I think anyone asking them to give up THEIR intellectual property that they have developed is just proving their point... they are the best."

    According to the Free Software Foundation of Europe Microsofts implementation of the *standard* server SMB protocol: "... a number of incompatibilities deliberately introduced in pre-existing protocols and then altering them with the aim of prohibiting interoperability." To extend a standard protocol is not inventive, it is evolutionary. The protocol is not secret, http://ubiqx.org/cifs/SMB.html, the non-standard Microsoft implemenation is. The EU simply says this is an obvious abuse of monopoly hurting competition and must stop. And no, seeing one specific implemenatation does not easily get you far in understanding how Microsoft specifically has extended the protocol itself. And by the way, 12000 pages of documenation? How can the Microsoft specification be that much longer than the original specification?

    Also it may be useful to look at the wikipedia reference on the SMB protocol:
    http://en.wikipedia.org/wiki/Server_message_block
    IBM, not Microsoft, specified the SMB protocol. What Microsoft did, inheretnly to stay incompatible with competitors server products and illegaly use their desktop monopoly, was to extend the SMB protocol. Andrew Tridgell which leads the Samba team has on several occasions noted that it seems like the changes made often has no other purpose than to make the Microsoft SMB implemenation incompatible with other implemenations.

  112. Just A Good Old Fashioned Shakedown! by Anonymous Coward · · Score: 0

    Publish documentation for communications protocols. What in the world does that mean?

    What kind of products would a competitor build? Even if MS was somehow able to figure out exactly what level of documentation to provide to create some imaginary product, the net result would be the same as producing a version of Windows OS without Windows Media Player. And since there is no request to produce ongoing documentation, the APIs have and will probably further change to make the documentation obsolete.

    Seems like a good old fashioned shakedown.

  113. What if? by Don_dumb · · Score: 1
    what if Europe demanded to know the secret ingredients to certain food products


    Europe does demand to know the secret ingredients to all food products sold, at least it is the case here in the UK (and I am pretty sure the rest of the EU). Everyone has a *right* to know all ingredients in the food products they purchase. If I someone a nut allergy, they would want to *know* that the food they are about to eat will not kill them. You cant get round that by saying that "they are secret ingredients", neither should Microsoft.
    --
    If this were really happening, what would you think?
  114. Doh! by Don_dumb · · Score: 1
    I knew I should have previewed that, let me just clarify that third sentence...
    "If someone had a nut allergy, they would want to *know* that the food they are about to eat will not kill them.

    Thats better, isn't it.
    --
    If this were really happening, what would you think?
  115. So, what IS it about? by DaveInAZ · · Score: 0
    This is not about making software that runs on Windows systems. This is about making software that is compatible with Windows systems.

    Sorry, I don't speak gibberish. What does "compatible with Windows systems" mean, if not software that runs on Windows?

    The main objectives of the EU are to get the documentation required for alternative server software to be written that works with Microsoft clients...

    I see you belong to the "If I say it often enough, it will stop being nonsense" school of... well... not thought, exactly.

    ...with Microsoft clients...

    Which ones, for instance? Do you think you could stop using meaningless phrases?

    ...for alternative client software that works with Microsoft servers. Example: a proper AD implementation...

    At last, something meaningful! So,what they want is for MS to teach them how to program servers to compete with MS's products. Why should they? The Windows architecture is better documented than the Acropolis, for crying out loud. All the APIs you need are public knowledge. Even the workings of the kernel are well known. You want Bill to code you a EuroWindows in Python, or something? MSLinux, perhaps? Stop whining and start coding, EU.

    1. Re:So, what IS it about? by Anonymous Coward · · Score: 0

      >Sorry, I don't speak gibberish. What does "compatible with Windows systems" mean, if not software that runs on >Windows?

      How can you not understand this? This is about WORKGROUP SERVERS. Compatible with Windows means a SERVER, for example one built on Red Hat Linux, that could be used by a WINDOWS station to access shares and printers, and user autentification!!

  116. Re:Microsoft already provided specs and tech suppo by I'm+Don+Giovanni · · Score: 1

    "First of all, they are charging $10,00 for that. OSS need not apply."

    There are plenty of OSS companies that can afford that fee.
    And there are plenty of closed source companies that can't afford it.
    Being OSS or not has nothing to do with being able to pay a fee.

    "Second of all, even though there is boat loads of it, I doubt the documentation is comprehensive. Note that the DoJ is upset that Microsoft has not released documentation it agreed to do so in the 2001 settlement. Furthermore, all avaliable evidence suggests that the Documentation currently offered to the EU is effectively broken"

    The "available evidence" that you refer to is that one European dev was unable to implement the protocols in four days. That means nothing.

    Judging MSDN documentation vs OSS documentation, I'm sure that Microsoft's documentation much more comprehensive than OSS documentation (and Apple's for that matter). But even for a dev that's too incompetent to understand the documentation, MS is offering 500 hours of *free* tech support. If the dev is still too stupid to implement the protocols, then Microsoft is now offering the code. What more do you want?

    --
    -- "I never gave these stories much credence." - HAL 9000
  117. Re:MS is giving source code, specs, and tech suppo by HTH+NE1 · · Score: 1

    The code isn't meant to be "compilable". It's to be used as reference material

    Still, critical functionality can be hidden from the source by embedding it in the compiler, such as every secret API Microsoft has. Thus it would not be useful as reference material either as it would be critically incomplete.

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?