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Microsoft Appeals Source Code Sharing

By Ed Oswald, BetaNews

September 7, 2005, 11:23 AM

Saying any public release of its source code has "far-reaching implications for the protection of our intellectual property rights around the world," Microsoft appealed a European Union ruling that would force the company to share the bits behind certain Windows networking protocols.

"Microsoft has filed an application for annulment with the Court of First Instance specifically concerning the issue of broad licenses in source code form of communications protocols which are based upon Microsoft's intellectual property," a Microsoft spokesperson confirmed.

The lawsuit, filed on August 10 but first made public Wednesday, deals with the open sourcing of code related to workgroup servers. Microsoft filed another appeal back in June over the 497 million-euro fine the EU ordered Microsoft to pay for antitrust violations.

A stripped down version of Windows XP without Windows Media Player was also part of the ruling, which Microsoft initially resisted but started selling on June 15. There is no indication on how well the new version has sold, but OEMs are reportedly not interested in offering Windows with less features.

No dates had been set for hearings on either issue.

The EU Commission said that they would consider the matter settled if Microsoft loses its appeal in the Court of First Instance and would begin to enforce the sanctions against the Redmond company.

Comments were solicited from the technology community earlier this year from consumers and competitors on how the EU should enforce the server source code ruling.

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By TheRecklessWanderer

posted Sep 7, 2005 - 3:30 PM

Black-Wolf, I love the way you think. The problem is, it's called cutting off your nose despite your face, but it sure would feel good to say, "Hey, you know what, we are offering a product. If you don't like it, then we won't offer it. Try getting support for all the open source stuff out there and see how you like it. Bye!!!"

That would be so cool.

Score: 0

By eunichman

posted Sep 8, 2005 - 2:26 AM

when I think open source I think Linux. when was the last time you heard of a long time linux user who is a clueless moron when it comes to their computer and how to do things on it? It simply doesnt happen. When you have a operating system and/or software that requires more individual input then you find that your user is more computer literate. They tend to learn how their system works and how to fix things when things go bad. Sure, there are instances when even power linux users go to the developer for info but that doesnt happen often. I say yay to open source, yay to smarter computer users and boo to brainless mouse clickers

Score: 0

By Polychronopolis

posted Sep 7, 2005 - 3:33 PM

FYI, I believe the phrase is "Cutting off your nose to spite your face".

Score: 0

By bourgeoisdude

posted Sep 7, 2005 - 3:18 PM

EU should not force MS to go open-source--MS AND EU know this could cripple their market share. Of course this is what many anti-MS companies would love to see, but trust me, if Microsoft falls, the global economy will be drastically affected. EU forcing MS to go open source is like telling Wal-Mart that they must reveal all official company documents about their stores because they have too many stores...

Score: 0

By eunichman

posted Sep 8, 2005 - 2:31 AM

they arent. they are simply requiring MS release code on how their proprietary networking protocols interact so that 3rd party developers can design applications that can interact with them. This is a far cry from your "cry wolf" attitude about how unfair it is to make ms go open source.
If ms was smart they wouyld comply, save tons of money in litigation and fines and simply stipulate that the developers must get the required code direct from ms and agree NOT to have the ms core code in the .src, .c or .h files of their developed and released product. This is a workable option since the source from ms can be hard coded in such as way as to make it impractical to decompile just to see, yet still useable to the developers in their distributions. Imagine, if ms did this the smart way, how much money would be saved, how profit margins would increase and how much less derogatory media coverage there would be

Score: 0

By rcutnik

posted Sep 7, 2005 - 10:29 PM

This is an issue about copy rights. I do agree that the results of your work should not be opened to others without you earning the royalties of a hard work...

However, only the software industry (specifically Microsoft) enjoys the rights to NEVER disclose the insights of their products (it does not happen like this for books, movies, home furniture AND ALL THE REST!)

Why is that? What's different between MS products and the Elliptical trainers?

Score: 0

By BIL

posted Sep 7, 2005 - 2:12 PM

It's almost like MS would have to give back all the " intellectual property " they have taken over the years from other companies.

Score: 0

By Black-Wolf

posted Sep 7, 2005 - 12:59 PM

Don't sell Windows to the EU then.
LOL
Revoke the licenses.
Cannot imagine if they ask everyone to stop using their products!

Score: 0