Microsoft to Sue European Commission
Is Gates trying to get his own back on Kroes and co?
Sep 16, 2005
Microsoft has filed a lawsuit against the European Commission in a European Union court, the software giant said on Wednesday, detailing the latest wrangle in its long-running battle against competition authorities in Brussels.
A company representative said: "Microsoft has filed an application for annulment with the Court of First Instance specifically concerning the issue of broad licences for the source code of communications protocols."
The issue relates to server software that runs printing, filing and security tasks for small office groups.
The EC was expected to comment at its regular midday briefing.
The EC imposed sanctions against the software giant, including a record fine of about $621m (ˆ497m) in March 2004, in a case that also covered the bundling of Microsoft's Media Player with Windows but the company has not entirely carried them out.
Microsoft challenged the EC's decision - a case that has yet to go to hearing - and, separately, tried without success to get the sanctions suspended by the court.
Competition commissioner Neelie Kroes had warned Microsoft it had to comply by 1 June 2005, or face new enforcement action.
Microsoft filed a compliance agreement by the deadline. But it managed to soften a remedy that required it to share communications protocols - software rules of the road - with all rival makers of server software for small offices.
Essentially, the EC and Microsoft agreed that those who received the protocols could not make them public.
The makers of open source server software, who publish the source codes for all products they issue, cried foul at this, however, and Microsoft and the EC decided to leave the issue to the Court of First Instance.
A Microsoft representative said of the filing: "This filing is the result of the agreement reached with the Commission in June to put this particular issue to the court for guidance and to avoid any further delay in the process.
"We are taking this step so the court can begin its review of this issue now, given its far-reaching implications for the protection of our intellectual-property rights around the world."
Separately, the EU executive commission and Microsoft have yet to agree on a candidate to ensure the company keeps to antitrust agreements, an EC spokesman said on Wednesday.
The spokesman told a daily briefing: "We have not yet agreed [on] the trustee with Microsoft."
The EC imposed sanctions against Microsoft at the same time it fined the software giant, and Microsoft was supposed to nominate an independent trustee to ensure it stops violating antitrust law.
A company representative said: "Microsoft has filed an application for annulment with the Court of First Instance specifically concerning the issue of broad licences for the source code of communications protocols."
The issue relates to server software that runs printing, filing and security tasks for small office groups.
The EC was expected to comment at its regular midday briefing.
The EC imposed sanctions against the software giant, including a record fine of about $621m (ˆ497m) in March 2004, in a case that also covered the bundling of Microsoft's Media Player with Windows but the company has not entirely carried them out.
Microsoft challenged the EC's decision - a case that has yet to go to hearing - and, separately, tried without success to get the sanctions suspended by the court.
Competition commissioner Neelie Kroes had warned Microsoft it had to comply by 1 June 2005, or face new enforcement action.
Microsoft filed a compliance agreement by the deadline. But it managed to soften a remedy that required it to share communications protocols - software rules of the road - with all rival makers of server software for small offices.
Essentially, the EC and Microsoft agreed that those who received the protocols could not make them public.
The makers of open source server software, who publish the source codes for all products they issue, cried foul at this, however, and Microsoft and the EC decided to leave the issue to the Court of First Instance.
A Microsoft representative said of the filing: "This filing is the result of the agreement reached with the Commission in June to put this particular issue to the court for guidance and to avoid any further delay in the process.
"We are taking this step so the court can begin its review of this issue now, given its far-reaching implications for the protection of our intellectual-property rights around the world."
Separately, the EU executive commission and Microsoft have yet to agree on a candidate to ensure the company keeps to antitrust agreements, an EC spokesman said on Wednesday.
The spokesman told a daily briefing: "We have not yet agreed [on] the trustee with Microsoft."
The EC imposed sanctions against Microsoft at the same time it fined the software giant, and Microsoft was supposed to nominate an independent trustee to ensure it stops violating antitrust law.