Microsoft Subpoenas Thrown out of Court

liliafan writes "Following Microsoft's attempt to subpoena documents through US courts, relating to their ongoing anti-trust case in the UK, the judge in California has thrown the case out of court citing: 'As a matter of comity, this court is unwilling to order discovery when doing so will interfere with the European Commission's orderly handling of its own enforcement proceedings.' as his reasoning."

Comments

Ah, the backdoor approach.

[rob_squared]

I'm glad that the judge was paying attention. On average I have more respect for judges than elected officials (mind you, not 100% of the time).

And I learned a new word, comity: http://en.wikipedia.org/wiki/Comity

Comity is a term used in international law (and in the law governing relations between U.S. states) to describe an informal principle that nations will extend certain courtesies to other nations, particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. This principle is most frequently invoked by courts, which will not act in a way that demeans the jurisdiction, laws or judicial decisions of another country.

What documents?

[E IS mC(Square)]

From TFA:"A Californian judge has thrown out Microsoft subpoenas asking that Oracle and Sun Microsystems hand over documents to support its case against the European Commission."

What documents are we talking about?

Re:What documents?

[gstoddart]

The judge didn't say they were irrelevant, she said they were confidential and the U.S. legal system was not going to be used as an end-run around the E.U. legal system.

Re-read my post and TFA. A European judge placed restrictions on the kinds of information that Microsoft was allowed to obtain. A US judge said they couldn't bypass that ruling in a US court.

I find if frightenign that everyoen is willing to turn a blind eye to the E.U.'s corrupt legal system simpyl because it's Microsoft at the receiving end of the raw deal here.

Well, other than you saying the EUs legal system is corrupt, and Microsoft claiming it to be an "inquisitional" system, I'm not aware of any evidence to support that claim, so it's specious at best to say so. I would certainly disagree with the characterization that Microsoft is receiving a 'raw deal'.

Would people be as casual if this were Apple?

If Apple held a near monopoly over the computing industry, and used their position to prevent others from competing with them, absolutely. But Apple doesn't hold that kind of position.

This isn't a blind "Apple Good, Microsoft Bad" scenario -- Microsoft was accused of abusing a monopoly, and competing unfairly -- the same things they were accused of in the US before the DOJ lost their balls and stopped pursuing their own case. In fact, I believe Microsoft had already lost that case in the US, but they just never enforced it.

For the same reasons I agree that the Koreans should be able to impose restrictions on the way Microsoft does business there, I agree the Europeans have the same right. Their country, their trade laws. Microsoft doesn't get a free pass because they're a Big American Company.

Microsoft acts in a way as to impede or damage the software industries in other countries. Microsoft uses their position to make sure their products have primacy, and their competitors do not have access to that kind of influence or distribution channels -- they don't have a near monopoly. Like it or not, under the European system, Microsoft has been found in violation of antitrust laws.

Microsoft is still trying to fight those rulings, and was trying to get information they've been explicitly told by a European court they are not allowed to have. A US court agreed. In fact, that same US judge referred to the proceedings as the "orderly handling of its own enforcement proceedings".

You may be of the opinion that Microsoft does nothing but good, and should be allowed to do whatever they want without restrictions. Not everyone agrees with you.

Re:What documents?

[Achromatic1978]

You people being who? Me? I'm not an American, or a European for that matter.

Microsoft subpoenaed the documents. Competitors said they were irrelevant. The determining justice reviewed those documents, and agreed. Microsoft tried to find out what they were anyway - why on earth should they be able to hunt through confidential documents of a competitor that have been ruled to be irrelevant, just because they're involved in legal action? Discovery is a regulated process, not one of "All your document are belong to us."

Subpoenas NOT Thrown out of Court

[Anonymous Coward]

Actually, I heard it was chairs.

Re:Does MSFT even sell 200M Euros a day?

[killjoe]

"What if they said "screw you, I'm going home" and stopped officially selling product in the EU?"

That would be a happy day for me. It would mean that nobody in europe could read MS office documents and all web sites in europe would have to work with firefox. Happy Happy day.

"Of course, there would still be "grey-market" sales, and "3rd party" support, etc."

Nah. Most likely thing that would happen is that the EU would stop recognizing MS intellectual property and void all NDAs. At that point windows would pretty much be open source and MS would get the shaft. Their only recourse would be to bribe enough politicians to wage war on europe. I am pretty sure Rumsfeld would salivate to wage war on "old europe" but I don't think that even the biggest war pig in washington would take on that cause.

"As much as many do not like MSFT, this stinks of some sort of politicical extortion, plain and simple."

Well it's aboutpunishing the guilty. Since they are not allowed to put corporations in jail fines are the next best thing.

Re:Does MSFT even sell 200M Euros a day?

[IHSW]

I know these are "stupid" questions, on many levels (especially in this venue), but does MSFT even make 200-million Euros a day in sales to the EU? No.
Does that matter? (No. That was a rhetorical question.)

That seems like a rediculous amount, no matter how evil MSFT may be. Isn't that more than 2x MSFT world-wide REVENUE, much less, EU PROFIT?
Where are you getting your numbers? Do you even have sources? Or are you just pulling numbers out of your ass?

"What if they don't pay?"
Their assets within the EU will be seized and auctioned off to pay for related debts, treated as though the company were to go bankrupt. The employees of said assets would be left to look elsewhere for companies to remain loyal to, ergo lose their jobs at EU-MSFT.

What if they said "screw you, I'm going home" and stopped officially selling product in the EU?
See above, as well as their stock price falling sharply because their stock holders wouldn't like their company to refuse business with an entire continent.

As much as many do not like MSFT, this stinks of some sort of politicical extortion, plain and simple.
It has been debated until the cows eventually came home that MSFT deserves this punishment. I don't know how you managed to get modded up to 3, Insightful.