Microsoft Criticizes EU During Appeal
By Ed Oswald | Published April 26, 2006, 3:18 PM
Microsoft squared off with the European Commission in court Wednesday, saying an EU order to force the Redmond company to hand over trade secrets was unfair. Microsoft's rivals countered that the company was trying to avoid the central issue that it had abused its monopoly powers.
The order was the focus of the third day of Microsoft's appeal in the European Union Court of First Instance. Microsoft lawyer Ian Forrester accused the European Union of attempting to permanently handicap the company, and would damage the rights of patent holders in the future.
However, a lawyer for the European Committee for Interoperable Systems said such a charge was a gross exaggeration. Thomas Vinje asserted that Microsoft was attempting to turn this into an intellectual property case when it was "a case about abuse of a dominant position."
The judge presiding over the appeal seemed to agree with Vinje, and reprimanded Forrester for not sticking to the issues of the case. Microsoft had struck an agreement earlier that said it would not bring up the recent dispute over compliance in the courtroom.
Microsoft lawyers are contending that a 12,650 page technical manual required by the EU as part of a March 2004 antitrust ruling was sufficiently clear, while at the same time arguing that the entire judgment should be overturned.
The Commission cited a third-party review of the manual that called it insufficient. It additionally noted problems with interoperability that it says furthers its case that Microsoft is abusing its monopolistic power.
Both sides plan to cite evidence from IBM, Novell, Oracle, and Sun to further their cases. While none of these companies are directly involved in the European Union dispute, they are members of two organizations backing the Commission's case against the software giant.
A final decision in the appeal is not expected for several months at the earliest.
EU sucks! They’re always suing Microsoft for what? Microsoft is doing a great job! And it’s leading the World to a next level! So what’s the problem? Companies get sue for doing great things? Why?????
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I suppose IDG Paul Meller who is usually a Microsoft mouthpiece can be a trusted source here to get the facts right:
http://www.macworld.co.u...mp;Page=1&pagePos=1
The main problem with Microsoft's defense is that it is off-topic. They mix trade secrets with copyright. Never try to deceive a high court.
http://curia.eu.int/juri...mp;mots=&resmax=100
"Furthermore, the applicant claims that the contested decision wrongly denied that the applicant could rely on its intellectual property rights as an objective justification for its alleged refusal to supply the technology and instead advanced a new and legally defective balancing test invoking public interest in disclosure."
--> specifications are not protected by copyright nor patents. Patents are not invalidated or compromised by publication of specifications
"Additionally, the applicant claims that the Commission failed to take into account the obligations imposed on the European Communities by the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property (TRIPS) when applying Article 82 to the facts of this case."
--> TRIPs is not executive law.
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Let's see a 2 million dollar fine per day. Appeals that will take years. Billions of dollars to be made if you are defiant and just do what you want even if it's unethical? That is Ms for you. The 2 million dollar fine per day isn't going to make a dent in Ms even if they do end up paying it. They simply have no regard for playing by the rules, they know they have enough money and legal power and friends in high places do take care of any kind of legal problem that results from their anti competitive nature. They will not stop, the other companies support them due to this power and market dominance and the lack of a real main stream competitor.
No one not even the legal system can damage Ms the only real option is to break them up. 2 os companies and one applications company problem solved.
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Im sure this case and the cost of everything is money well spent. Ill sleep well tonight knowing those poor laywers are doing a damn good job and after all, were in a paperless era these days so no split milk. Its only money, and its not costing me anything :P
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Could cost us all in the long run if say, maybe a buildup will cause microsoft to sell out--or immediate problems for those that hold stock in microsoft. Then again--that first thing I mentioned is a longshot.
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Heaven's forbid that the right judgement might be made.
But oh, the horrors that it could affect my share prices!
Stocks and shares are not for people who want to sit on them and expect that they automatically make loads of cash off them. The market is always in a state of flux.
And for those constant bashers of the EU. This is about MS doing business in the EU - not the US. It doesn't affect you lot at all, in any meaningful way.
MS want their software on every PC on the planet, but they're going to have to have to accept that there's no way anyone (outside the US) would give a single company that much control.
For example, if Microsoft was a Chinese company would we even be having this conversation?
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China? Who knows, who cares? Fact is anytime Microsoft is shifting resources to one area means it cannot use those same resources in another. Everybody here seems to think that because MS is so rich that that means they have all the money and resources in the world. They DON'T, and this EU vs. US monopoly thing is beginning to have lasting effects on Microsoft's ability to release products, test them, and all the other things that they normally do.
And for those constant bashers of the EU. This is about MS doing business in the EU - not the US. It doesn't affect you lot at all, in any meaningful way.
Now it is possible--maybe not, but very much possible--that if Microsoft weren't entangled in this BS to begin with, that Vista would have been ready for release this year. Ever think of that? Mozzila Corp. has the right idea, they have accomplished what all the other rat bas****s have tried since IE5 with Windows 98--BUILD A BETTER PRODUCT. People are moving to firefox instead of IE, moving to OpenOffice.org instead of MS Office, now there's Apple that may come back in the game. These stupid leeches that constantly suck the blood off of others are just that, and Microsoft's skin is beggining to turn pale. Killing Microsoft will be the worst possible thing to do. Beating them at their own game is the key. MS will become better, and the competition will be able to compete. Everyone wins.
Call me a Wacko Conservative, call me bas**** of the year, or whatever--leave MS alone and let Apple and Mozilla work their magic.
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Killing MS? I rather doubt MS will die off anytime soon. Be made to play in the same sandbox as everyone else? that's what is going on here and that's the way it really should be. Granted they DO have the money to often "buy" the competition or at least "stifle" the competition (like they did netscape) before they go to court. They have operated like this for ... hmm, since they formed. MS should open their source code anyway so that they can make a better product, like Linux does. I know, that's a pretty big dream there, cuz it will most likely never happen.
Not sure who you're aiming the "stupid leeches" comment at, but you should do some research on the origination of MS products before you point that comment at "non" MS products. *shakes head* killing MS? hehe, anytime MS gets beat at their own game someone always has to say we're pickin on MS ... No we're not, but they should have to play by the same rules as everyone else instead of changing the rules when other products are better ...
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"means it cannot use those same resources in another"
Right, because it's not like Microsoft has a lot of resources.
HAHAHAHAHA
Couldn't help it.
Microsoft has enough of a bankroll to hire enough people to make the amount of people on the EU case insignificant. Don't be fooled into thinking that those resources can be reused, they probably hired folks specifically targeting this suit.
"leave MS alone"
Not leaving Ma Bell alone seemed to do a ton of good, maybe it's not such a good idea to leave MS alone.
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Ms would buy 10 nuclear warheads and blast the country off the map before it would ever let it actually harm it in some way. I bet the judge's life in the previous case in the US was in jeopardy so he had to make a call that was "fair" which you know the break up was such an unfair option. We will all be regretting that day for a very long time. All they are doing now is buying time to get vista out the door. Then they have another 10 years of cash flow to pay for all the new lawsuits and payoffs for all the companies that will be harmed with that release. Think im just MS bashing well just wait and see. The courts move too slow and the industry moves too fast. In the mean time, all the companies that would benefit from this anti-trust suit are all going under and are becoming desperate, in the end they will just die or be bought out. People will just say ah well thats business.
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So were back at the monopoly thing.
Ever heard of the (not so) secret (anymore) emails between Bill and other Microsoft Executives where he states that they should push Real out of the market, just as they did with Netscape, by bundling WMP with Windows.
That is in almost every country unfair use of ones market dominance. Therefore they should be punished.
Back to the server protocols. An independent trustee reviewed the solutions provided by MS and said that it was insufficient. Just by reading that MS' manual has 12K+ pages I can say he's right. Maybe a bit forward but I believe they can do a far better job.
The EU can't **** this up like they did with the Windows XP N version (no WMP). They forgot to say that it should be cheaper than the standard Windows XP. I believe they've learned from it and they will not let MS off as easy this time.
edit: insufficient was maybe a badly chosen word but y'all know what i mean.
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'Microsoft has enough of a bankroll to hire enough people to make the amount of people on the EU case insignificant. Don't be fooled into thinking that those resources can be reused, they probably hired folks specifically targeting this suit.'
Indeed they did which gives the case a bitter taste, MS lobbyism overdose.
And they took the usual suspects: Act, etc
Microsoft ruins its European public affairs for the sake of silly court procedures they cannot win. Just read the MS pr messages which show a certain lack of respect. How do you think a public authority responds to arrogant communication?
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Lol, a 12650 page manual is insufficient? WTF?
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Badly written?!
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Probably because around 12000 pages consisted of copyright and trademark symbols!
;-)
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Who said it was insufficient??? O_o
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Quality and quantity are different things. If you need more clarification try lunch at an all-you-can eat buffet.
You can be sure when a Microsoft engineer needs to work on server protocols he is not referencing that 12,650 page document. It's is called refusing to eat your own dog food, for more examples see VB, and .net,
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I am sure 10k of the pages read like the eula for windows. A bunch of crap that basically says we are ms, we can do what we want. Don't like it, then go out of business or we will force you out.
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I assume the independend UK expert Microsoft selected.
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Applause, Cheers, and Hooray for MS!! Get 'em, don't give up the fight!
GO IE! (and take outlook with you - snicker-)
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Im tired of it and fed up with the EU.
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Is this getting tired for anyone else? I'm actually just plain not interested anymore.
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Its so boring, I am taking up curling as my new spectator sport.
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LMAO!
I'd rather be dead...
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*(Sigh)* I'm sure it happened exactly like this article portrays it, too...
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MS are just trying to break the rules and get away with it but got bit in the butt and they dont like it MS are always trying to steal other peoples ideas and claim its there own just like IE7 they had mega help from firefox and they havent given them the credit that they should have but then again thats MS for u
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Do yourself a favor and STFU.
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Yeah I agree, we all know they stole the ideas for firefox trying to copy everything that is making it successful but it just won't happen. FF has loyal supporters not just people who are forced to use it. MS reminds me of AOl back in the day, very powerful and popular. But like Aol is dying now, MS will have it's day as well. Linux is attacking and gaining support, openoffice is out so there goes office, google is innovating and trying to make all their cash cows free and meaningless. There are other products like Firefox which is gaining support and is cross platform so you can use it on Linux, and writely coming soon Google also has gmail, the new calender app and it's all free. What does this have to do with MS and the EU well MS is trying to buy time. So yeah defend MS if you want to guys, they are in trouble from just about everyone with authority and they know it. Maybe not today or tomorrow but in the next 10 years they will be going down and they will have a very real sense of mortality.
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Maybe you should read the rules above the area where you wrote that post. I believe it says Foul language and personal attacks will not be tolerated? Also what does this have to do with the topic? I am waiting for your response rijp.
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