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Microsoft Responds to EU With Another Question

An anonymous reader writes "Microsoft has responded to the latest round of EU requests by asking how much the EU thinks they should charge for Windows Server Protocols. The EU has stated the Microsoft should charge based on 'innovation, not patentability' and that they have 'examined 160 Microsoft claims to patented technologies' concluding 'only four may only deserve to claim a limited degree of innovation.' The EU is also starting to discuss structural remedies as opposed to the behavioral remedies they are currently enforcing. At what point has/will the EU overstepped its bounds?"

13 of 545 comments (clear)

  1. Re:Wrong by rolfwind · · Score: 5, Insightful

    So the electric company should just charge you whatever they feel like whenever they feel like it? Because, hey, if you don't like it you can always move.

  2. Re:Too late... by ILikeRed · · Score: 5, Informative
    Innovative and patentable APIs?!? Oh, you mean like Microsoft's version of Kerberos - great patent application there.

    From the US DOJ finding that Microsoft purposefully breaks Kerberos interoperability.

    ----[quoting]----

    For example, Kerberos is an industry standard for encryption, in which certain fields are reserved for optional use. Microsoft, however, has used one of those fields to produce its own proprietary version of the standard. In itself, this is unobjectionable.

    Microsoft, however, has gone one step further: it has manipulated its operating systems and middleware so that they will use and accept only the Microsoft version of the Kerberos standard.(16) This is diametrically contrary to the purpose for which standards, even with optional fields, are developed. Optional fields are included in standards to enable firms to add information to a message. Ordinarily, if an optional field is used in creating standard messages, those messages can still be sent and received among all products that comply with the standard. In such cases, the information included in the optional field may simply be ignored. Optional fields are never, however, intended to enable a firm -- i.e., Microsoft -- to subvert the standard and preclude its widespread usage.(17)

    16. The CCIA explains that "[w]hile the Kerberos Version 5 Microsoft uses for their security services is a standard, the way they have implemented Kerberos is not a standard and renders it nearly inoperable with any other implementation." CCIA White Paper, supra, at 24.

    17. Not content with Microsoft's corruption of the Kerberos standard, Microsoft has filed for a patent on its proprietary version. Consequently, not only will Microsoft products fail to interoperate with non-Microsoft products (because of the modification), but Microsoft will not allow anyone else to use its version unless they purchase a license from Microsoft.

    --
    I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress -J Adams
  3. Re:Appropriate price? Zero Euros and redistributio by stevedcc · · Score: 5, Insightful

    Well, the US convicted Microsoft of being a monopolist, then did nothing about it. There's clearly a problem (I don't think we need to argue about that on Slashdot.) So, is it just the idea that the great all powerful US isn't doing it that some people find annoying? Or would you rather some other "superpower" like China, India or Russia ends up having to do it (in 15 or 20 years time).

    Reality needs to be faced. Your government can't deal with the wayward MS business, the EU wants to deal with your problem for you. Isn't that nice of them?

    --
    todo - The developer's equivalent of confession: "Forgive me Father, for I have sinned..."
  4. Re:Too late... by niiler · · Score: 5, Insightful

    I see that companies are sovereign powers now, and that they are able to do whatever whenever because it is their god-given right to earn money for the share-holders, yada-yada-yada. Give me a break. If MS doesn't like Europe's laws, they can go and try to sell their products elsewhere. Nothing guarantees them the right to make a profit.

  5. Re:At what point? by realkiwi · · Score: 5, Insightful

    I think that is for EU citizens to decide.

    At what point should the EU government stop protecting its citizens from a convicted monopolist? Is probably a better question.

    --
    realkiwi
  6. Re:Which bounds? by Angst+Badger · · Score: 5, Insightful

    Well, speaking as an American, I'm glad the EU is spanking Microsoft, since our government is so completely bought and paid for by corporate interests that there is no longer any meaningful regulation of anticompetitive behavior here. In any event, I don't view Microsoft as an American company in any meaningful sense. If a foreign power had damaged US productivity and parasitically drained off as much capital from US businesses as Microsoft has, it would be construed as an act of war. Microsoft helps America only in the sense that it helps itself to lots of American money it could not access if American regulators still gave a shit about competition.

    As far as I'm concerned, the EU hasn't gone far enough. But to be fair, and to avoid attributing to EU regulators a moral high ground they don't in fact possess, I have my doubts that the EU would have gone as far as it has if Microsoft was a European company. On the other hand, it's questionable whether, say, French agricultural subsidies affect nearly as many people as Windows.

    --
    Proud member of the Weirdo-American community.
  7. Re:At what point? by Nuffsaid · · Score: 5, Funny

    Would everybody please stop answering questions with other questions?

    --
    Nuffsaid
    ________

    Don't know about his cat, but Schroedinger is definitely dead.
  8. Re:At what point? by mulvane · · Score: 5, Funny

    What would you prefer we respond with?

  9. Re:Too late... by Alien+Being · · Score: 5, Insightful

    "The EU has already overstepped their bounds."

    Indeed. By granting copyright and patent protection to MS, they have interfered with natural selection. Your argument is invalid because without government, there would be no such thing as patents.

    MS has abused its privileges. The people have a right to revoke them.

  10. Re:Too late... by NMerriam · · Score: 5, Insightful

    eah, in fact my right to exist is granted by the government...Stalin would be so proud of you.


    If you're a company (ie, an artificial entity that exists only based on law and not any natural basis), then yes, you do exist solely by the legal grace of the real people in the jurisdictions where you conduct business.

    Considering Stalin was a communist, and large international megacorporations are generally somewhat capitalist, I think you may have to repeat 7th grade.
    --
    Recursive: Adj. See Recursive.
  11. Re:Too late... by Yvanhoe · · Score: 5, Insightful

    The "issue" of this law would be that the EU commission doesn't accept the number of patents as a metrics for innovation ? Considering that software patents are not recognize in EU I only see a coherent decision and a good law.
    There are also laws in some EU countries about interoperability that aim at forbidding a company to abuse a dominant position to prevent third-party interoperability. Call it socialist if you will, but I only see this as a way to guarantee a free competition in a free market (an objective which is harldy socialist)

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  12. Do you even know what socialism is? by Savage-Rabbit · · Score: 5, Informative

    Forget the fact that the entire process is a blatant example of socialism... Do you even know what socialism is? What Socialism is depends on where in the world you are. For most of the world it is a spectrum of political denominations that advocate a social-economic system where property and the distribution of wealth is controlled by the community or the state. These can range from the moderate Social democrats, who simply advocate borrowing certain aspects of this model and integrating them into modern democratic systems, to the more radical Communists, Bolsheviks, Stalinists, etc... who advocate the complete abolishment of private property and total state control of all aspects of the economy. In the USA, however, the meaning of the word 'Socialist' is somewhat different due to the almost complete absence of a political left wing (as the rest of the world defines it) in US politics. Here 'Socialist' seems to be a pejorative applied without any regard to it's true meaning to anybody whose political affiliations lie to the left of the extreme right wing of politics including both genuine Socialists as well as people with more moderate right wing affiliations.
    --
    Only to idiots, are orders laws.
    -- Henning von Tresckow
  13. Oh that economic wasteland that is the EU... by Nicolas+MONNET · · Score: 5, Informative

    GDP growth rates higher than the US, positive balance of payments, higher life expectancy and literacy, lower infant mortality, lower crime rate, TEN TIMES less people in prison, much higher savings rate, lower personal debt, ...

    Oh yeah, you're right, unemployment is higher. Great. You know what? It doesn't mean shit.

    4th quarter 2004, unemployment rate men aged 25-54: 7.4% in France, 4.6% in the US.

    You're right, it (look)s bad.

    At the same quarter, the employment rate, that is, the number of people working vs. the total number of people in that sex/age group was 86.7% in France as opposed to 86.3%. That's right, more people working in France than in the US. (Source: OECD Employment Outlook 2005 (pdf))

    There's a few reasons for this discrepancy, one being that we don't put 1.5% of our active population in jail, most of whom are poor blacks, likely candidates for the "unemployment" row.