Microsoft Asks U.S. Courts for Help with EU
By Nate Mook | Published March 6, 2006, 1:20 PM
Following accusations last week that the European Commission was "secretly working" with four rivals, Microsoft has turned to federal district courts in the United States for help. The Redmond company is asking the courts to order IBM, Oracle, Sun and Novell to hand over documents relating to its EU antitrust case.
The four companies allegedly supplied the Commission with evidence that Microsoft was not properly complying with a March 2004 ruling against it. The company also claims the EU is withholding key documents that could help its case.
Microsoft had been ordered to sell a version of Windows without its Media Player software, as well as divulge portions of Windows Server protocols. A December Statement of Objections from the EU threatened Microsoft with fines of 2 million euros per day for not complying with the latter requirement.
The company says it has obtained documents that show the EU regulator had "inappropriate" communication with computer science professor Neil Barrett, who testified that technical documentation provided by Microsoft were not sufficient.
"Our repeated requests to the European Commission for full and fair file access have not been successful, so we are now turning to the U.S. courts for assistance," said Microsoft associate general counsel Horacio Gutierrez.
Microsoft cited a U.S. Supreme Court ruling that allowed AMD to see documents relating to Intel's antitrust proceedings in Europe, calling itself an "interested person." The company asked the courts to consider the request immediately, as Microsoft officials must appear at an oral hearing on March 30.
If Microsoft is found not in compliance at that point, fines would be applied from December 15, 2005 and the date of the decision. The company could end up paying an additional 100 to 200 million euros in fines on top of the 497 million euros it was ordered to pay initially.
Microsoft's appeal of the original decision will be heard by the European Court of First Instance in April.
I mean MS isn't at the top of my x-mas list. But turning over part of it source code is taking it to far. That's like giving military secret to a potential enemy. If I was Bill I would not comply and pull windows from the EU and fine everyone that uses it. Fining everyone that uses Windows would bring in a lot more money. But that's just me, I don't own a multi billion dollar company. But if i did chances are that i would probably run it in to the ground. It's my nature not to give to a******s :-)
Score: 0
|:lol:
You and me both.
'd fly to the EU (In my own Concorde, mind you), walk up to the judge, give him two of my middle-fingers, tell him where he can take his hard-ass OS nazi-ism, get back on the plane, pop open my laptop, and disable all Windows OSes in the EU.
That'd show 'em.
Of course, everyone else in the world would stop using it because it'd be quite apparent how much control I have over it, and they wouldn't like that one bit....
...and I'd lose my money and probably my precious Concorde.
But it'd be worth it. ;)
Score: 0
|Does seem a tad strange, although I think Microsoft are over the top they are being treatd unfairly and typically by EU Meddlers who by and large have no business experiance whatsoever, just appointed no-bodies given a job to stop everyone
Score: 0
|Microsoft should just pull all resources work force properties ect out of the EU not cut them off just make them import instead punish the EU that way.
People want windows and Microsoft might loose what maybe 1% market share from people not wanting to pay the couple extra bucks to import it and if the EU tries to retaliate by charging tariffs microsoft could take the case to the world trade organisation where the EU doesn't have as much power.
Score: 0
|Interesting.
I wonder what would happen if they charged *more* for the "N" versions of Windows XP/Vista?
Is it possible to install WMP after buying it?
Score: 0
|I don't particularly like Microsoft. But that has nothing to do with this issue. Microsoft owns the product and the code. If you don't like their product, you're not forced to buy it. Buy something else. It' irritating to me to see the Europeans taking advantage of Microsoft's desire to sell in the European market to essentially extort money from them.
Score: 0
|"Why does Microsoft has to give out pieces of code from its Server OS? They made it, its not Open Source they don't have to give the code out."
It's not because you sell a code that you own it ... you may have "stolen" it .. or part of it
"Bush has absolutely nothing, nada, 0, zippo, to do with Microsoft. Leave him out of this."
One day, we may found evidence of microsoft money for republican campaigns :-)
Score: 0
|Sounds like Grandpas has an issue with Bush!? Contributions are not illegal.
Score: 0
|"One day, we may.."
And one day, pigs may fly, and my crotch will be the utmost desire of every woman in existance...(I have no idea how the latter relates to pigs flying, but I'm sure there's some connection)
See? We can all post stupid comments with no basis whatsoever on reality (except that last part...it'll happen, trust me).
Score: 0
|Two things about my 'stupid' comments
- I reply to the message saying that there was nothing ... which is too affirmative on my opinion. Don't drink what you see on TV shows; don't forget that some of the biggest US companies give a lot of money for Bush campaigns ... so, why not Microsoft? My sentence was not to point out evidence of relations between Bush and Microsoft (I'm sure of the opposite).
- also, look more closely, you will find something which looks like a smiley
Score: 0
|How come Apple do not have these problems? they build the OS and who has more products bundled into the OS than them. unless you are a major player you risk your products being duplicated and placed in their OS (konfablulator anyone?)
Should MS follow the same business model (making their own box) i still see a whole set of other problems (Dull, HP etc.) why MS?
Score: 0
|MS is MS... These companies want extra money... Microsoft has it...
Score: 0
|e.u kicks arse
Score: 0
|On the issue of anti-competiveness and bundling, Microsoft could easily address this for once and for all by including uninstall options for all of the non-essential components in Windows.
Or they could bundle XPlite.
I applaud the EU for standing up to Microsoft where Bush has single handedly failed.
Score: 0
|Ok, I could see your point of view until Bush was brought up. I'll admit, I voted for him, regardless of the media's brainwashing techniques I was able to see him objectively. I was behind him 100% until recently. I still think he is overly bashed by the media and criticised often for things that do not involve him at all. Still, he needs to tell it like it is rather than hiding things, he makes everything he does look suspicious.
Back to subject...Bush has absolutely nothing, nada, 0, zippo, to do with Microsoft. Leave him out of this.
Score: 0
|"Microsoft could easily address this for once and for all by including uninstall options for all of the non-essential components in Windows."
- (only quoted relevant portion of post...the rest was crap)Start - Settings - Control Panel - Add/Remove Programs - Add/Remove Windows Components.
Can't remove IE? Can't remove WMP? Bull.
It will nicely remove any parts not necessary to the OS itself. You see, Windows XP just happens to be a modern Operating System. Some things were built into the kernel to improve performance and ease-of-use.
You'll just have to live with that.
Poor you.
Score: 0
|Well--you only disable IE, but the iexplore.exe will still exist. IE has to stay as many OS components depend on it. Technically it is darn hard to remove. Still--who cares? It's part of Windows, let it be. Solution: never click the blue E.
Score: 0
|I'm getting sick of this... It's Microsoft's Operating system. THEIR rules.
Score: 0
|Disabling IE seems to disable or corrupt Explorer to me... :-s I've tried a few times and it fails.
Score: 0
|uninstall options? why not make it like it should be, dont have ANY shuff installed other than the os and under advanced options have the ability to install the apps games etc??? IMO that would be giving ms what they want, having the ability to include apps in their os distributions, and would really muck up any efforts by anyone to claim anti-competitive.
Theres a difference between knowing the stuff is there and actually putting it there automatically
Score: 0
|Hey, hey! I agree. A comment not warranted here.
Score: 0
|From my post:
"It will nicely remove any parts not necessary to the OS itself."
It will not remove iexplore.exe because it is necessary for the Windows XP help system among other things.
Score: 0
|Uninstalling it through the control panel should work fine. (most of it will still be there, but it will remove it's icons and defaults.)
Score: 0
|Word.
Score: 0
|Problem is, iff it isn't there automatically, Grandma will never even know it exists.
People are lazy, apparently grandma's even more so. ;)
If it isn't spoonfed to them, they'll wander aimlessly.
We're the minority here, we know there are better^Walternative browsers, music players, etc...out there. The majority of computer users, sadly, couldn't care less.
Score: 0
|How unfair is this world sometimes… You get punished for working a little harder than others. So if I start a chicken food restaurant tomorrow, can I go to the EU next week and force KFC to give me their recipe? If you have a good product, I’m most likely inclined to purchase it… I just don’t understand it. I‘ve tried to see their point, but I have now found it yet. I though we Americans were the only ones making the so called “stupid policies.”
Score: 0
|just dont sell in the EU. if people want it they will have to import or but a pc that already has it.
Score: 0
|It may sound easy, but withdrawing from the EU would kill Microsoft. How many people in the EU? I don't know an accurate figure, but I'm pretty darn sure MS has more to lose in EU than they would in the USA...that is, assuming they would be able to relocate their HQ.
Score: 0
|Microsoft needs to stop whining and start complying with the court order. They keep trying to find any justification (not matter how far fetched or rediculous) to not comply with the court. They may just end up being handed an even more severe punishment.
Score: 0
|What are you talking about?
Why does Microsoft has to give out pieces of code from its Server OS? They made it, its not Open Source they don't have to give the code out.
If they didn't care about it, then they would have complied, but obviously they do.
Score: 0
|"Microsoft needs to stop whining and start complying with the court order."
According to Microsoft, they HAVE complied. Have they really complied though? That is the question.
Score: 0
|LOL...you're the same guy that thinks there's some key combination you can press to gain automatic admin access to any XP box...yea your opinion matters...:)
Score: 0
|As long as there is a license fee to access the protocol information they haven't complied. I dunno if this has changed though.
Score: 0
|there is, it is called the admin password :-P
sadly it differs from box to box
Score: 0
|the guy has a post in another article saying MS helped him get admin rights to his box using some funky key combination without requiring an admin pw...:)
Score: 0
|yeah that was right after they helped me make a rocket powered golf-cart.
but i had to have a big microsoft logo on the front so i didnt take pictures or have proof of any kind....
Score: 0
|because the eu is trying to make everyone equal, which is a dumb concept. and the other companies think they are entitled to be equal without doing all the hard work. because they all live in a little fantasy world and whine when they dont make first place.
Score: 0
|I think MS is balking at having to offer it freely. I thik I would too. It's ridiculous to think MS should have to hand out it's code without compensation.
Still, come Vista and Vista server, it will be moot for MS, since they re-wrote it all.
Score: 0
|LOL :)
Score: 0
|It's a shame for all those who govern this world. Instead of searching peace and understanding, they still search fight and war over money and out of their greed for power.
Will they never give the peoples rest and peace instead of igniting hate and enviousness. Cause that's exactly what will arise in the manipulated minds - here and there, on both sides.
Is this really what the ordinary men and women chose when they voted in their corresponding "democratic" states?
Knowledge is a deadly friend,
if no one sets the rules.
The fate of all mankind, I see,
is in the hands of fools . . .
King Crimson
Score: 0
|Damn that human nature
Score: 0
|