[ILUG] Commission concludes on Microsoft investigation, imposes conduct remedies and a fine

[NW Dublin]

Chris Higgins wrote:

>http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/04/382%7C0%7CRAPID&lg=en&display=
>
>Apols for the long link :-)
>
>  
>
Some choice quotes for us!

"Microsoft abused its market power by deliberately restricting 
interoperability between Windows PCs and non-Microsoft work group 
servers...."

"This illegal conduct has enabled Microsoft to acquire a dominant 
position in the market for work group server operating systems, which 
are at the heart of corporate IT networks, and risks eliminating 
competition altogether in that market."

"The ongoing abuses act as a brake on innovation and harm the 
competitive process and consumers, who ultimately end up with less 
choice and facing higher prices."

"As regards interoperability, Microsoft is required, within 120 days, to 
disclose complete and accurate interface documentation which would allow 
non-Microsoft work group servers to achieve full interoperability with 
Windows PCs and servers. This will enable rival vendors to develop 
products that can compete on a level playing field in the work group 
server operating system market. The disclosed information will have to 
be updated each time Microsoft brings to the market new versions of its 
relevant products."

"To the extent that any of this interface information might be protected 
by intellectual property in the European Economic Area, Microsoft would 
be entitled to reasonable remuneration."

"The Commission believes the remedies will bring the antitrust 
violations to an end, that they are proportionate, and that they 
establish clear principles for the future conduct of the company."

"To ensure effective and timely compliance with this decision, the 
Commission will appoint a Monitoring Trustee, which will, /inter alia/, 
oversee that Microsoft's interface disclosures are complete and accurate"

"More generally, the Commission is concerned that Microsoft's tying of 
WMP is an example of a more general business model which, given 
Microsoft's virtual monopoly in PC operating systems, deters innovation 
and reduces consumer choice in any technologies which Microsoft could 
conceivably take interest in and tie with Windows in the future."

"Commission decisions can be appealed to the European Court of First 
Instance in Luxembourg."

The devil is in the detail!   Anyone have a link to the actual judgement 
or any more details?  It is reassuring though to see them talking about 
the principles of future conduct for MS and their concerns about the 
general MS business model.

Who knows what Intellectual Property means in the EEA and how it could 
be applied to interfaces?   Can an interface be patented, copyrighted or 
trademarked (which is what I understand people generally mean with 
IP).   Has the EU Commission just said that an interface can contain 
IP?   Have they just closed out Free software from the game?   Who will 
decide what is IP and hence what MS must disclose and what they can hide 
under the IP card?

I wonder who will be appointed as Monitoring Trustee and whether or not 
anything will happen before the Luxembourg court decides on the 
inevitable appeal!

Niall