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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.'
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.
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.
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.
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."
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.
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.
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.
My blog
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.