EU Fines for Microsoft Approved, Off the Record

mattaw writes "The Register is carrying a report that all 25 member states of the EU have found Microsoft guilty of non-compliance, off the record. Microsoft is in line for a fine of $2.51 million per day backdated to December 15th 2004 for failing to meet the terms of the EU commission's ruling."

Comments

Re:Is it really fair?

[Alsee]

And > 1 billion hardly seems to be a fair amount to charge for not documenting your software properly

Because that is NOT what they are being fined for.

Microsoft was convicted of breaking the law, and the court levied NO punishment - I repeat *NO* punishment for that crinimal behaviour. The court merely ordered that they stop engaging in that criminal behavior, and ordered a remedy merely to stop the damage to the market from continuing. The remedy specifically being an order to permit a version of Windows with Media Player unbundled, and to document the protocols to permit competition in other software markets on an even footing. (Note that the US anti-trust conviction of Microsoft was purely remedy and carried no punative component either.)

So why is Microsoft being fined well over a billion dollars? Because they did something else illegal!

Microsoft is being fined for willful contempt of a lawful court order! The conviction and cort order was long ago. Microsoft deadline for compliance with the court order was over a year and a half ago! And like an overdue library book, Microsoft has been racking up a daily fine for their willfull disreguard with a lawful court order.

Microsoft has drawn out this battle for so long that Microsoft gets to reap the rewards of their illegal behavior, and any remedy to terminate that particular illegal behavior becomes null and void. By the time this fight ends, Windows Vista will be just about to hit the market. Any documentation for working with previous operating systems becomes pretty well moot. Microsoft is using an illegal delying tactic to defeat the court order - to defeat the court itself. And delaying and refusing to comply with a court order carries a very specific penalty at law. That illegal behavior carries a signifigant $ daily fine. And that fine is entirely under Microsoft's control. Microsoft has chosen day after day to continue violating the law. Microsoft has chosen day after day to increase the fine they have to pay. Microsoft could have gotten off with $ZERO fine had they complied a year and a half ago.

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Re:Will this really make a difference?

[Alsee]

i honestly see this as a money grab more than anything else

You need to clean your glasses. This is not a money grab. This is Microsoft CHOOSING to give away money.

Microsoft was convicted of breaking the law, and the fine and penaty was ZERO. NO FINE, NO PENALTY. This is like you break a storefront window, and the court orders you not to break any more windows and to clean up the broken glass all over the storefront and to replace the window you broke. The court requires you to stop breaking the law, and to remedy the damage you did. You (and Micrsoft) get the chance to away scott-free with NO PUNISHMENT for breaking the law.

But then you do something really stupid. You replace the window you broke, but you willfully act in contempt of court and refuse to sweep up the broken glass all over the sidewalk in front of the store. The court gives you a week to sweep up the broken glass, and still you refuse to comply. The court then levies a contempt of court fine of $X per day. And then for the next YEAR AND A HALF you still refuse to sweep up the broken glass. And you call it a "money grab" when you rack up over a year and a half of fines?

Microsoft was given ample tiome to comply. Microsoft CHOSE day after day to willfully act in contempt of a lawfull court order. Microsoft CHOSE to rack up a dailly fine. Microsoft basically CHOSE to give away money day after day. Microsoft could have gotten off scott-free with $ZERO fine.

they'd refuse to pay it

Are you STUPID? Do you seriously think that you can hop on a plane, set up shop doing business in some other country, that you can BREAK THE LAW in that country day after day, and that you could get away with simply refusing to pay court ordered fines?

No, you do not go into some country and dick around with the government like that. At first the courts are nice and simply ask you to pay the money you owe. If you are a moron and attempt to refuse to pay a lawful debt to the government, then the government simply orders the banks to seize and turn over the owed debt from any accounts. And the government can simply order customs to seize any imports/exports from the territory to pay the debt. And then the government can simply order the police to physically seize any physical assets and any and all buildings and land. And if you really piss off the government they can order the police to start physically arrest and imprison the individuals stupid enough to persist in disobeying the law and disobeying lawful court orders.

watch the uproar that would ensue when it became illegal to sell Windows in the EU

Oh, that one is my favorite part! LOLOL!

Let's assume that Microsoft somehow managed to empty all of the money from all EU bank accounts and had no future payments due for collection from EU companies, so that the courts could not simply order banks to hand over the money owed. And let's assume that Microsoft somehow magically owns no offices and owns no seizeable assets and property anywhere in the EU. And let's assume that all Microsoft employees manage to flee the countries and are unarrestable for noncompliance with the law. And let's assume that the courts in the US and Japan and the rest of the planet decline to honor debt collection in cooperation with the EU courts and decline to locally seize any bank accounts and assets.

Let's assume ALL of that. Let's assume that Microsoft could successfully play a game of "Nya nya nya you can't catch me!" with the EU legal system.

Then it gets REALLY fun! Because if Microsoft dissess the entire EU court system and cuts off all contact with the EU legal system, then GUESS WHAT! Then Microsoft cannot avail themselves of benefits and protections of the EU court system. The EU courts can refuse to accept any cases from Microsoft attempting to sue for enforcement of copyright or patent or trademark infringment. The EU courts can effectively null and void all of Microsoft's copyrights and patents and trademarks. All of Microsoft's software would effectively become public domain.

So rather than "illegal to sell Windows in the EU", in fact it could ultimately become perfectly legal for anyone and everyone to copy and modify and sell any and all Microsoft software at will.

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