Slashdot Mirror


Microsoft To Appeal EU Decision

An anonymous reader writes "News.com has an article on Microsoft's upcoming appeal of the EU antitrust decision. Their argument is essentially that they shouldn't be penalized for becoming successful in a marketplace." From the article: "Microsoft relies on the fact that its communication protocols are technologically innovative and are covered by intellectual-property rights ... [the company] had designed its Windows server operating systems from the outset to interoperate with non-Microsoft server operating systems"

28 of 237 comments (clear)

  1. Why the complaints? by liliafan · · Score: 5, Insightful
    "Microsoft had designed its Windows server operating systems from the outset to interoperate with non-Microsoft server operating systems,"


    If this is the case why are they complaining so much about documenting the protocols that would allow non-Microsoft software to interoperate?

    A lot of people don't agree with the EU anti-trust, personally I think the EU is succeeding where the US anti-trust cases failed, they are actually punishing M$, hopefully, Microsoft will learn a lesson this time around.....I doubt they will though.
    --
    GeekServ Unix Consulting Services (http://www.geekserv.com)
    1. Re:Why the complaints? by symbolic · · Score: 2, Insightful

      I personally think the EU case is a well-deserved and long overdue slap. We saw the overall effect of the Anti-competitive ruling- which, for all intents and purposes, accomplished very little. The EU's requirement should have been part of the US settlement from the very outset.

      In my opinion, you can't dominate a marketplace and expect to do bsuiness as you please...it's just too risky - especially when you consider that the medium in question is a huge part of the technical infrastructure.

    2. Re:Why the complaints? by erroneus · · Score: 4, Insightful

      The interaction only goes one way. And strangely, few if any complaints about that from the vendors whose territory they trample.

      Seems all of their own interoperability is for the purpose of migration [to Windows], not for peaceful cohabitation in a mixed computing environment.

    3. Re:Why the complaints? by suv4x4 · · Score: 1, Insightful

      "Microsoft will learn a lesson this time around.....I doubt they will though."

      It'll teach them all right. That if you become wildly successful, you'll be undoubtedly sued as hell.

    4. Re:Why the complaints? by Blinocac200sx · · Score: 1, Insightful

      What exactly has Microsoft done that they need to be punished for? They build a product, if other products don't work with it too bad. Sure their product sucks, and people should switch to linux. But what has Microsoft done that violates the principles of freemarket. Should Chevrolet be punished because I can't plug a Ford ECU into a Silverado and expect it to work? Should What about the fact that I can't load a .308 round into my Mosin Nagant. How bout the fact that I can't plug my cable line into my dish box? Why are we singling out Microsoft?

    5. Re:Why the complaints? by Sassinak · · Score: 5, Insightful

      Because, as you just pointed out... Ford doesn't own the entire market. If you change to Chevy, or GM, or any other vehicle, you loose nothing. (Except for any backlog of parts and knowledge specific to the product that you may have). And that is a cost that you will have to decide is worth it or not.

      Ford does not (and can't really) use its leverage to make the auto parts manufactures to produce only parts for them and not anyone else.

      Ford can't basically tell you... "Drive us, or you will have to walk".

      If company A switches from windows to something else, (assuming they will unhook the leash to do so... stockholm syndrome comes to mind.), depending on their industry, they may not be able to function... this is not entirely due to the classic arguement of "no applications"..

      The long and short of it is that Micro$haft is being "singled out" (as you say) because of what they have done in the industry, not their size. You don't cage the gorilla for being 500lbs; but if he smacks everything that comes within 50 feet to death, and prevents any little gorillas from being born... I'm pretty sure you want a wall between him and you.

      --
      God made the Idiot for practice, and then He made the School Board -- Mark Twain Look for http://Thebar.steelbeachca
    6. Re:Why the complaints? by sumdumass · · Score: 2, Insightful

      If you look at the histroical prograssion of the situation, yes.

      You see, microsoft didn't care one bit about multimedia or even the internet at one time. All they wanted to do was make it so you bought thier product because you used it at work. Windows 95 didn't even have a "media player" or web browser at first.

      Alot of third party companies came along and said lets do this and fill this niche in the market(for whatever reason). This is either internet, multimedia or whatever else. Microsoft vreated an addon product that you purchased in the store to compete with these other companies. Eventualy they started loosing sales on the addon product and decided to include them in windows releases. Now nothing is wrong with this so far. The probelm comes around when these other parties had contract to get thier software installed in new systems and microsoft made that impossible. I'm not saying impossible because they added thier stuff, impossible because contract with microsoft's OEM forbid it or made the OEM licenses cost more money. They even at one time threatend One of the BIG OEMs to stop selling OEMS entirly if they didn't switch to the per proccesor model of licensing.

      At this time OS2 was actualy a better operating system for mutimedia but was getting forced out of the markets because of microsoft's actions, Their pricing scheeme, and other mistakes made by managment. Netscap was actualy a far superior browser then IE at this time too. It had more feature, Was already doing the voice chat/phone over dialup(cool talk and watchdog). It had quite a few other feature that people are only now seeing come to market in a usable manor. Stuff that shoudl have been around and working in the late 90's.

      Now with the stuff built into windows as well as OEMs in an already tight market being forbiden to install third party software that might compete with microsoft, This creates the problem we are trying to fix.

      Now I don't think the answer is remove them completley. It is open thier API up and let third party developers completly replace the software with thier own if that is the consumer's wish. When a third party web browser is installed let it have the ability to do everything IE does. There is no real reason that help and support has to use IE outside the hint of "if you would have stuck with using microsoft's product you wouldn't have broken your computer"

  2. Design and documentation by truthsearch · · Score: 3, Insightful

    Sure, they were designed to interoperate. They just weren't documented. Or not documented well.

    Anything can interoperate with any other as long as the protocols are documented and those documents are made available.

    1. Re:Design and documentation by k12linux · · Score: 3, Insightful
      Right. Anyone can communicate in a foreign langauge as long as they take the time to learn it too. Of course if those who speak it refuse to teach someone who doesn't then good luck trying to master the langauge. The best MS outsiders can do is listen in on the conversation, try to pick out the right words and see what happens when you repeat some of them back to someone else. (With any luck you make no major mistakes and the person you are talking to doesn't become enraged and kill you.)

      MS's SMB/CIFS implementation is really not different. They refuse to teach anyone else the protocols (language) and what progress there has been was due to packet sniffing (listening in) and repeating things back that seem right to see what happens.

  3. Wrong argument by Anonymous Coward · · Score: 5, Insightful

    Their argument is essentially that they shouldn't be penalized for becoming successful in a marketplace

    Shouldn't that be "penalised" not "penalized" as I'm pretty sure they use English rather than American in the EU, certainally we do in my part :-)

    Anyhow it's a deliberatley misleading argument - they're not being penalised for being successful, they're being penalised for BREAKING THE LAW. They really need to understand that the EU sees them as CRIMINALS and not contributing members of society. If they don't want to be treated as criminals then they shouldn't willfully and deliberatley break the law.

    They may be attempting to appeal that decision, however for the fact remains that it's not their success that has them up in the dock, it's their illegal behaviour.

    Specifically for abusing their monopoly position to the detriment of the market - adminttedly the monoply does show they were successful but that entire argument is a fallacy.

    1. Re:Wrong argument by Bogtha · · Score: 4, Insightful

      Anyhow it's a deliberatley misleading argument - they're not being penalised for being successful, they're being penalised for BREAKING THE LAW.

      I wish we could punish people who spout insincere rhetoric like this by treating them as if they were being honest.

      Microsoft: "We shouldn't be punished for becoming successful."
      EU: "Okay, we agree to those terms, appeal over."
      [A month goes by.]
      Microsoft: "Why are you forcing us to comply with the original judgement?"
      EU: "Why wouldn't we? That wasn't a punishment for being successful, that was a punishment for being anticompetitive."
      Microsoft: "We appeal!"
      EU: "You already had your appeal, we agreed to your terms, remember?"

      --
      Bogtha Bogtha Bogtha
  4. What IP rights ? by alexhs · · Score: 3, Insightful

    the Commission's demands threaten Microsoft's intellectual-property rights.

    What intellectual property rights ? The EU Commision didn't ask for the source code (copyright), and software patents have no legal value in Europe...

    --
    I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    1. Re:What IP rights ? by truthsearch · · Score: 4, Insightful

      Communications protocols. MS claims it's their IP and they don't have to share it (as in publicly document it). But they also claim they interoperate. They think no one is smart enough to see the contradiction.

    2. Re:What IP rights ? by cortana · · Score: 2, Insightful

      Don't let them get away with such a crass generalisation. A protocol can not be patented because it is not an invention; it can not be copyrighted because it is not a creative or artistic work; it can not be a trade secret because it is disclosed when software implementing the protocol is given to someone else; and it is impossible to trademark because it's not a ... trade mark.

      Putting aside the French attempt to create a new form of Intellectual property (the DRM right), is there any other form of IP I have missed?

  5. Ah, I see! by gowen · · Score: 4, Insightful
    [the company] had designed its Windows server operating systems from the outset to interoperate with non-Microsoft server operating systems
    Its non-Microsoft client operating systems that they have the problem with. You can have your slice of server space, but if your alternative OS's try and pick up market share for desktop computers, then they'll do everything they can to stop you.
    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  6. Re:market success by Richthofen80 · · Score: 3, Insightful

    What objective standard do you intend to use? How much is 'too much'? Who gets to decide?

    The idea is you don't punish the good for being the good. That's like saying, why don't we ban the New York Yankees from baseball because they have the most talented players? I think they're hitting way more home runs than they need to.

    If I owned a farm and had a bumper crop of corn one year, should I be penalized for being successful? What if I have ten farmers, all working cooperatively? What is the demarcation line for government or anyone to step in because 'success' has been too great.

    At least with the oil companies example, people can (falsely) argue that gas is 'owned by everyone' and therefore has a 'public responsibility'. With your arguement, the ideas of Microsoft and their labor is 'owned by everybody' and therefore subject to limiting restrictions as someone sees fit.

    --
    Reason, free market capitalism, and individualism
  7. A standard practice these days. by hackwrench · · Score: 2, Insightful

    Not just Microsoft. Change the subject and pretend it was the subject all along. I've had a lot of conversations where I've had this done to me. Then there's the whole "Wondering why you're so upset for" bit, done here as "We shouldn't be penalized for being successful".

  8. Re:market success by MadHatter2005 · · Score: 2, Insightful

    Just who decides when a company is successful enough? You? People just like you? And, where is the incentive for starting a company if some group can say "You're too successful, we're bringing you down!" ? I'm all for ethical business practices, but placing artificial constraints on the success of a business strikes me as extreme-left punishment for simply being the alpha-business in a particular industry.

  9. Re:Yeah. by MSFanBoi2 · · Score: 4, Insightful

    The best thing is both blaster and slammer had fixes released well before the worms hit.

    It's most assuredly not Microsoft's fault that people don't patch.

    And any fool who says Linux or MacOS X don't need to be patched, are just that, fools.

  10. Re:market success by guet · · Score: 2, Insightful

    If I owned a farm and had a bumper crop of corn one year, should I be penalized for being successful? What if I have ten farmers, all working cooperatively? What is the demarcation line for government or anyone to step in because 'success' has been too great.

    The government might well decide to have a look at your business practices... If you owned a farm and attempted to buy out, intimidate, and crush your rival farmers, if you then locked down the distribution market with illegal contracts to make it very difficult for competitors to gain a foothold. Just as Microsoft has done in the software market.

    A perfectly free market would be a perfectly amoral market.

  11. Re:market success by JustASlashDotGuy · · Score: 4, Insightful


    I think they're making way more money than they need to. Just like gas companies. Being successful
    doesn't make it right.


    Comments like yours are the ones that the 'other side' love. Someone who doesn't have the slightest
    grasp as to what is going on and makes comments that lead everyone else to believe that you don't have
    a grasp on capitalism. The simple fact that a company makes a lot of money doesn't make them bad or
    mean that restrictions should be placed on them. The company makes what the market permits, supply
    and demand. It's not up to you to say 'they are making too much money', there's no such thing as too
    much money (legally).

    You're probably one of those people that think the rich should be taxed to death for the simple fact
    that they have more money. "You make 1 million dollars a year.. I think we should tax you to death so
    you only take on 50k a year!... that is fair in my warped concept of fair".

    * Now, to be fair... you may very well have grasp on the facts, in fact I hope you do. Your comment
    alone is what I find rediculous, however you'll prolly get mod'd up as 'insightful' based on this
    crowd.

  12. No one will agree with me... by DesireCampbell · · Score: 2, Insightful

    I'm pretty sure I'm the only one who actually hates the anti-trust suits against Microsoft.

    I hate that the EU has made Microsoft ship separate versions of Windows: ones without Media Player or IE. But what if I use WMA and IE? These are important pieces of software that every computer needs. Every PC needs to be able to go online, and play media files.

    Now, I don't use IE or WMA; but I used to. I'm smart enough to figure out how to find better programs online. But if I didn't have IE to begin with - how would I get new programs? What if I didn't know how to get other programs? What If I just wanted to use WMA and IE?

    Now, Microsoft has used terrible methods of making themselves the best. They squash competitors with cheaper, inferior products, they've stolen and copied hardware and software designs from other companies, they push their products on retailers in a hostile and underhanded manor. But there are two things to remember here: Every other electronics and computer company does exactly the same thing, Microsoft's just better at it; and Microsoft is rarely on trial for being unscrupulous (most of it is illegal, but not all).

    --
    Whoo, signature!
    DesireCampbell.com
  13. Re:market success by Overly+Critical+Guy · · Score: 2, Insightful

    How many Microsoft fanbois are going to use the strawman argument that Microsoft is being "punished for being successful?"

    They're not being punished for being successful. The EU didn't say, "Hmm, Microsoft is being successful, let's fine them for that."

    The issue is the lack of interoperability documentation with their monopoly platform, which prevents competition from Microsoft's own server products, furthering Microsoft's monopoly. There are laws against that because it's the antithesis of a free market.

    --
    "Sufferin' succotash."
  14. Re:Yeah. by TheRaven64 · · Score: 3, Insightful
    It's most assuredly not Microsoft's fault that people don't patch

    It is, at least partially. Microsoft had (have?) a habit of releasing 'new features' with security patches. This meant that the security patches needed careful testing before deployment, since the new features often came free with new bugs that could break existing software. For most other operating systems, the security updates are just that; security updates. If you install a security update for OS X/FreeBSD/whatever, the only things that it should break are programs that made use of the insecurity that is fixed (and you probably want these to break, rather than being exploited, anyway). On Windows, it can be a game of Russian Roulette to patch a running server.

    --
    I am TheRaven on Soylent News
  15. Re:Yeah. by MSFanBoi2 · · Score: 2, Insightful

    No, but Linux and MacOS X have had to be patched for other reasons, some serious, some not. Just like Windows.

    The damn SQL worm had a fix for I believe six full months before the worm hit. Not to mention, if the administrators of said SQL boxes followed STANDARD SECURITY PRACTICES, the worm would have had no impact at all.

    There are plenty of holes in Linux and MacOS X too, some of them in browsers, some of them in other places, some of them critical, some of them not so critical. Just what point was it you were trying to make...

  16. Re:market success by DerWulf · · Score: 2, Insightful

    everybody becomes richer under capitalism. The rich just slightly faster. If you doubt that, look at the kind of shit happening where the state rules supreme.

    --

    ___
    No power in the 'verse can stop me
  17. It's the MIcrosoft definition of interoperability. by Paul+Bristow · · Score: 2, Insightful
    Read the article - "designed its Windows server operating systems from the outset to interoperate with non-Microsoft server operating systems"

    This is exactly the problem. They said:

    MS Windows server ===== works with ======> non-MS server OS

    They did not say

    non-MS OS ====== works with ========> MS Windows server

    ...and that is exactly the problem that they are being sued for

    Don't be fooled by the doublespeak.
    --
    - Paul
  18. Re:There is a reason by Criterion · · Score: 2, Insightful

    No, it is YOU who seem to neglect the fact that it's not the simple act of bundling apps that is the problem. It's bundling apps which could leverage *your existing monopoly status* into another area. Last time I checked, Apple has not been tried and found to hold such status, therfore they are NOT breaking any rules by bundling whatever the hell they want.

    "Forcing Microsoft to open it's closed source code, and help it's competitors, and not doing the same thing for every other software development firm, is wrong."

    Wow, how very WRONG are you on this one? They *don't want* the source code. They told MS they don't want it, they don't need it, it's not the right answer. Sourcecode!=APIs

    "OMG MS 'r bad!"
    Sorry to say, but you really are pushing "noob speak" on the wrong person. :/

    --
    We have enough youth, how about a fountain of SMART?