Microsoft Sues EU 272
mormop writes "News.com is reporting that Microsoft is hauling the European Commission into court." The case is in response to "imposed sanctions against the software giant, including a record fine of about $621 million (497 million euro) 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."
Inflammatory summary (Score:5, Informative)
Microsoft agreed to let a court rule on the matter and provide more specific guidance, so the case is really about whether these protocols will be available to FOSS projects which could then publish their code that works with the protocols. TFA does not say that the case reaches any broade than that or touches on the $621 million penalties at all.
So what the case really seems to be about is not the whole EU judgement or Microsoft "hauling the EU into court" (an inflammatory phrasing), but Microsoft trying to "open up" the protocols as ordered, yet keep them closed to a certain extent by requiring an NDA from anyone who got access to them.
So, is the Slashdot summary a bit overreaching in its description of Microsoft's actions? IMO, yes. Does it make what Microsoft is doing right? IMO, no. I believe that these protocols are very basic ones and essential to interoperability. By denying them to FOSS projects, they hobble those projects in their ability to compete on an even playing field. The idea behind anti-trust sanctions is to make the playing field more even.
Opening these protocols to FOSS projects is not likely to cause Microsoft irreparable harm. The only danger I could imagine is that opening them will expose a megaplex of holes in the protocols and we'll see a rush of exploits that make the worst Microsoft security issue in its history seem like a minor incident. Then it will harm Microsoft because it will cost them billions in sales as people migrate to non-Microsoft server software to escape the invasion of worms and other exploits poking through those holes.
Deeper pockets than Microsoft? (Score:3, Insightful)
Re:Deeper pockets than Microsoft? (Score:3, Funny)
Re:Deeper pockets than Microsoft? (Score:4, Informative)
This is a fallacy, not one single power in Europe has agreed to such a thing and it's doubtful they ever will. At most you're looking at closer military cooperation in the future akin to NATO, however for the most part all the cooperation pieces are in place.
Pretty much every single European nation balks at the idea of a European army, there are so many barriers and nightmares as to make it next to impossible.
First you've got the basic language barrier, then you've got the equipment barrier. You may think that everybody in western europe has standardised on certain types of ammunition but think again, as an example standard 5.56mm bullets for the British SA-80 (L85A2) actually cause jamming problems, so much so that the SA-80 now using its own type of 5.56mm ammunition.
You've also got vehicles and national pride issues, everybody is going to want to use their tanks or their APC's for the European army. So, again you'll have people bickering over which percentage of a nations make of tank is used rather than the best one for the job, you'll also have the issues of ammunition again. Western European tanks use 120mm rounds, East European tanks use 125mm rounds adding to logistical headaches.
It goes on and on, it's safe to say there will never be a European army. The closest we'll ever see is something akin to NATO and a rapid reaction force.
Re:Deeper pockets than Microsoft? (Score:3, Funny)
Re:Deeper pockets than Microsoft? (Score:2)
How can NATO work, then?
There's a significant overlap between NATO and EU already, so anything that stands in the way of an EU army should be a problem for NATO as well.
Re:Deeper pockets than Microsoft? (Score:5, Funny)
What a naive idea. Imagine British soldiers fighting alongside the French.
We'd kill each other before we even saw the enemy.
Re:Deeper pockets than Microsoft? (Score:2)
Yep, it's actually 5.55mm, problem solved...
well, actually... (Score:2)
Alas, many are against it too, most notably the UK...and since it's still a veto-right in this regard...
I would say it's an argument for having a europe at two speeds; one for those who want to go further, and one for the rest who don't feel like it. Seems fair too.
But alas, even
Re:Deeper pockets than Microsoft? (Score:2)
It's done. Ask your politicians, especially those in Dublin.
Re:Deeper pockets than Microsoft? (Score:2, Funny)
After all you're OUR buffer to them here in the UK...
Re:Deeper pockets than Microsoft? (Score:3, Funny)
I can see the dispatches now:
"Reports are coming in that Microsoft's rapid assault has caught the Polish Army off guard and put them into full retreat. Vladimir Putin expressed little concern over a suspicious buildup of Microsoft tanks along the Russian border, citing assurances from Bill Gates that Microsoft would honor the recently signed Microsoft-Russia nona
Re:Deeper pockets than Microsoft? (Score:2)
Re:Deeper pockets than Microsoft? (Score:2)
From good ol wikipedia's entry on WWII
the exact date at which the war commenced differs between historians, with the most common date given as the German invasion of Poland on 1 September 1939
You need to play more WWII video games, everybody knows that the Germans invaded Poland, made a pact with Russia (that they later broke) and the French surrendered after about 2 minutes of fighting.
Re:Oh brother (Score:2)
If you can get them? (Score:2)
Re:If you can get them? (Score:2)
Aimed for open-source (Score:2)
Basically, a clause that serves only to detriment OSS...
Re:Inflammatory summary (Score:5, Insightful)
Re:Inflammatory summary (Score:5, Insightful)
Personally I think that this is a red herring. Projects like Samba are becomming increasingly adept at reverse engineering Microsoft's proprietary protocols. And although I think that Microsoft is trying to dampen these resources with NDA's etc. I think that it will only slow things down slightly. In short, it is too little too late.
Re:Inflammatory summary (Score:5, Insightful)
That isn't irreprable harm, though; that's just having to face the market. Being forced to compete in an actual market is supposed to be the whole point of anti-trust law. It would be ridiculous to find that Microsoft was engaged in anticompetitive behavior but not actually force them to compete as part of the judgment.
Re:Inflammatory summary (Score:3, Informative)
Of course collateral estoppel* in the antitrust case in the US is causing them irreparable harm too, but this is good and part of how it affects them,
*IANAL, but this has been explained to me as the principle that facts necessarily decided in one case cannot be relitigated in another unless one can demonstrate that the facts have materially changed. Courts do this to prevent inconsistancy at least
Code and design not secret though (Score:4, Insightful)
Actually, they have not - the groups that are writing exploits have long ago dissasembled the code for these things and know exactly how they work. That's where the exploits come from.
So by continuing to keep these protocols secret the only people they are preventing from obtaining this data are the ones that need it for ligimate needs, and thus would be less included to want to have to reverse engineer the whole system. The people writing exploits will probably find it a little more convienient knowing the specs, but it will not tell them much they don't already know.
correction (Score:2)
Re:correction (Score:2)
Re:Inflammatory summary (Score:2, Funny)
I, for one, am appalled at this strange lapse in what is usually pristine summarizing and editing. Unacceptable!
Re:Inflammatory summary (Score:2, Funny)
Is there a "+1 sarcastic as Hell" mod? :-)
- Greg
Microsoft's interoperatility (Score:2)
They REALLY don't want to open those protocols.
Re:Inflammatory summary (Score:4, Insightful)
The only thing needing to be opened is the protocol specs, and not the code itself behind it. I'd highly doubt that there are really that many holes in the protocol itself, as it's fairly basic I imagine (some sort of unique ID that needs to be valid on both systems, various info, and a data packet- maybe some encoding methods).
I know M$ has a really bad history, but lets give them some credit to putting more than 10 minutes of thought into something as crucial to their software as the file&print sharing protocol.
-M
Re:George W. Bush coordinates federalaid: +1, True (Score:2)
No thanks, please ship him to Venezuela instead, they'll more than likely welcome him with much joy and parties and feasts.
Re:Inflammatory summary (Score:2)
And how exactly is that open source?
Re:Who cares... (Score:2)
Patents... (Score:2)
For DnDers (Score:5, Funny)
Someone using bureaucracy to bring the entire process down to a slow enough crawl that by the time it's resolved, it's no longer relevant, thus allowing the company to get away with whatever they want.
While twirling their long waxed moustaches.
Re:For DnDers (Score:2)
Get pulled over for driving while intoxicated and fined? sue the court that fined you.
Lose that case? sue that court too
etc ad nauseum
Re: (Score:3, Funny)
Re:For DnDers (Score:2)
Lawful Evil: We do the wrong thing on purpose, bacause it benefits someone. Screw the rest.
Chaotic Good: We do the wrong thing by accident or excuse our evil acts by redefining morality. No one benefits, but we can at least whine that it's not our fault.
Chaotic Evil: I'm charmingly straightforward in my ethics, but can't see past the end of my nose.
Lawful Good: Paladins are this alignment. Anyone
Re:For DnDers (Score:2)
Yeah, but OTOH paladins can wield Carsomyr against the Lawful Evil Gelatinous Executives, and some of them come with an inherent 50% lawsuit resistance.
Re:For DnDers (Score:2)
Well, I got the picture to use in the Monster Manual [monkeymethods.org]
Re:For DnDers (Score:2)
Its sad really. ( that they get away with it, time after time )
Re:For DnDers (Score:2)
While MSFT does not hold a patent on FUD, they do (apparently) hold the business practices patent on "embrace, extend, extinguish".
I hope the the EU reams MSFT "a new one" in court. If MSFT truly wanted to be interoperable with ot
Microsoft Scared of Open Source? (Score:5, Interesting)
I wonder what the real underlying reason to all of this legal wrangling is. Is Microsoft really that concerned by Open Source Software putting them out of business, or are they more concerned about the general public seeing how flawed and inefficient their communication protocols are?
It is all good either way to me, I'll stick with my servers all running Linux, with the communication protocols of them freely able to be examined and understood. I also know that my Linux server can handle way more connections and traffic then a Windows server ever could imagine...
It is only a matter of time, before Linux totally takes over the server market, making such legal battles a thing of the past...
Microsoft, stop being a big bully, and start sharing with the little guys...
Re:Microsoft Scared of Open Source? (Score:3, Insightful)
It's just business. Microsoft aren't alone in this sort of thing. Do you think IBM open everything of theirs to their competitors?
Geez, where'd you pull that one from? What has this got to do with anything?
I also know that my Linux server can handle way more connections and traffic then a Windows serve
Re:Microsoft Scared of Open Source? (Score:5, Insightful)
It's just business. Microsoft aren't alone in this sort of thing. Do you think IBM open everything of theirs to their competitors?
For the most part actually, yes they do. IBM has been pretty good about working with open standards for quite a while.
What has this got to do with anything?
It seems like a valid point to me. If MS does not want people to be able to see their protocols they must have a reason. Maybe that reason is to stop interoperability or maybe it is because they are full of security holes or even stolen code. It is perfectly reasonable to speculate as to their motives.
I can't see how it would be a good thing. Replacing one monopoly with another is hardly sensible is it, regardless of how that new monopoly behaves?
You can't have a monopoly on Linux. Thats is most of the point. As open source it will never be locked to one vendor. With an MS monopoly customers are subject to the whims of MS. They pay what MS wants or go without and they are restricted to the features MS is willing to allow. With Linux if one vendor charges too much, you can go with a different vendor and prices reflect the fact that there is competition. If you want functionality added/fixed you can do it yourself or hire anyone you want to do it. You seem to have a very skewed idea of what a monopoly is.
Re:Microsoft Scared of Open Source? (Score:3, Insightful)
Okay, maybe I picked a poor example. My point was, there are countless software vendors out there that don't open their specs/protocols. Whether you think this is good or bad is another discussion, but picking on Microsoft alone is hardly fair.
It seems like a valid point to me. If MS does not want people to be able to see their protocols they must have a reason. Maybe that reason is to stop
Re:Microsoft Scared of Open Source? (Score:2)
> entirely, everyone would be using much the same
> technologies and software.
There are multiple implementations of just about anything you'd want to run on a Linux server. Unlike Microsoft, Free Software encourages choice.
And if you don't like Linux try one of the BSDs.
Re:Microsoft Scared of Open Source? (Score:3, Insightful)
There are multiple implementations of just about anything you'd want to run on a Linux server. Unlike Microsoft, Free Software encourages choice.
Yes, absolutely, and for the most part they all interoperate fine, but they're all fundamentally using the same technology - they're all using the same protocols etc. Microsoft approaches it all entirely differently. Whats the equivalent of AD domains in Linu
Re:Microsoft Scared of Open Source? (Score:2)
Picking on microsoft????? Where have been. This is punishment for criminal activity by Microsoft. When a rapist gets sentenced to jail is it picking on that person? MS is being punished for it's criminal behavior.
"Yes, if you wanted something different you could wri
"Monopoly" (Score:2)
The difference is that those software vendors have not been convicted of illegal monopoly actions in a court of law. Microsoft has, in multiple jurisdictions.
Maybe monopoly was too strong a word.
There's this widespread misconception that "monopoly" means "it is the most popular product" or "it is the only popular product". This is not the case. "Monopoly", in the sense people talk about when they talk about
Linux (Score:2)
Replacing one monopoly with another is hardly sensible is it
"Linux" is not a monopoly and can never be .. there are DOZENS if not hundreds of companies supplying Linux, working on Linux, supporting Linux, improving Linux etc., and due to the Linux, it will always be this way. Always.
The GPL levels all uneven market entry barriers - anyone can get in to the market, and everyone can come in at exactly the same level as existing players, because the entire codebase of each competitor is available.
Open protocols and IBM (Score:2)
Well, there's Eclipse the leading IDE. Yes, they opened the plugin spec for that.
Or there's IBM using open Grid protocols [serverworldmagazine.com] for grid computing projects.
The mistake you are making is in thinking it's "Just Business". That never is quite true as the overall character of businesses is defined by the people that run them. Do you think Oracle or Apple would operate the same way witho
Re:Microsoft Scared of Open Source? (Score:2)
Re:Microsoft Scared of Open Source? (Score:5, Interesting)
These days? I see by your UID that you've not been around on Slashdot all that long (at least w/your current username) but Microsoft has been fearing OSS for years. This is no new development.
Of course they are keeping tight controls on their communications protocols (they always did - SMB). They were never about to open their document formats or networking protocols to the public. Why should they? Their software is only marginally better than any other alternative out there -- it's just that they are the ones that interoperate with it the best because it's their format!
It is only a matter of time, before Linux totally takes over the server market, making such legal battles a thing of the past...
Welcome to 1998. This is exactly the rhetoric being tossed around then. We then moved to Linux taking over the desktop. It's 2005. While I see significant strides on both sides of that coin I don't see us "taking over the market" in either.
Windows will likely always exist. Linux will always be there as well but they certainly won't amass the domination that Microsoft has now.
Re:Microsoft Scared of Open Source? (Score:2)
A UID is not that much.
I've been reading Slashdot since it was "Chips & Dips" in Rob Malda's dorm room at Hope college, and my UID is in the 200k range. I simply didn't create an account until whenever I did.
Cite? (Score:2)
> (total dollar sales of servers preloaded with Linux by the major
> manufactuers) will exceed that of MS by 2012.
Not that I don't trust the word of some random Slashdot poster, but, well, I don't. Any cites for that claim, and any reason to believe such projections are accurate enough to be extended out 7 years, which is rather a long time in computer terms?
Not that it matters---Linux exceeding MS's market share won't amo
Re:Microsoft Scared of Open Source? (Score:2, Interesting)
Back in the days of Win95 and OS/2 (v4), I had a application which scanned a directory structure and gathered statistics. I had compiled the source to target both OS/2 and DOS (two executables, one for each OS). It was a command line app. At the time, we had a network traffic analyzer which I could see from my workstation.
Running the app in Win95 (MS-DOS) used about 20% more bandwidth than running the app under OS/2. Both trails were run from the s
Re:I Have a Question (Score:2)
closed standards are how they can control the market and make life difficult for open source.
People in general should be focusing on open standards more than open source since we need that before we truely could get the freedom to choose the software we please.
Next up (Score:2, Funny)
Microsoft vs The Martians
Microsoft vs Santa Claus
Microsoft vs Mike Nelson, Crow, Tom Servo
Microsoft vs
Re:Next up (Score:5, Funny)
Re:Next up (Score:3, Funny)
Re:Next up (Score:2)
--LWM
Re:Next up (Score:2)
So, I'm kinda confused, why again would Microsoft sue themselves?
*ducks*
-S
Re:Next up (Score:3, Funny)
You must have missed the memo--the results are in on this one. It may be months away, but I hope you have a happy Christosoft.
Re:Next up (Score:2, Funny)
Microsoft Vs Mike Tyson's Punch-Out
Re:Next up (Score:2)
I think you're thinking of Mike Rowe and his company.
Re:Next up (Score:2)
2005 War Begins (Score:4, Funny)
European Commission: What!
Counsel: Main screen turn on.
European Commission: It's you!!
Gates: How are you gentlemen!!
Gates: All your base are belong to us!
Re:2005 War Begins (Score:2)
How is this even REMOTELY funny? maybe it was fun like 5 years ago, but all this crap (Simpsons, futurama, family guy, whatever) gets modded up every damn time.
WHY!?!
Re:2005 War Begins (Score:2, Offtopic)
On the other hand, these "all your base", "in
Talk About Duh ? (Score:5, Funny)
Whos.....they must be smokin some of their software
Re:Talk About Duh ? (Score:3, Interesting)
Microsoft suing the EU in a European Courtroom...
It's not unusual for EU institutions to loose lawsuits before european courts. That's why they too employ an army of lawyers.
How? (Score:5, Funny)
Re:How? (Score:5, Funny)
Bill: Did you say 'balls'?
Steve: Yes. Balls are my trade. I am a Ballmer. My name is 'Steven the Ballmer'. I arrange, support, and transport balls.
Re:How? (Score:2)
On the surface (Score:3, Interesting)
It almost had me fooled, too. Then I remembered that Microsoft, with its army of lawyers, would surely turn any lawsuit with a small F/OSS group into a circus. It seems MS doesn't even have to push through its agenda these days, all it has to do is agree to looser terms and then throw money at it to tighten it further.
Oh, and first
Access to what documentation exactly? (Score:3, Insightful)
From a PR standpoint, having this come out would be bad. But with an NDA, no one will ever be able to tell the story.
A Lie (Score:5, Insightful)
> communications protocols...
That's a lie. Publication of protocols does not require the publication of any source code whatsoever. Same goes for file formats.
This is no different than BitKeeper (Score:2)
Re:This is no different than BitKeeper (Score:2)
Re:This is no different than BitKeeper (Score:2, Interesting)
Regarding BitKeeper, paying customers recieve a product that is extremely good at inter-operating, and BitMover always went out of their way to assist open source developers export their data in a variety of ways.
The objection was about an open source client bein
Dealing with the unknown.. (Score:3, Insightful)
Re:Dealing with the unknown.. (Score:2)
Oh come on. The EU gets some things right, but I don't believe for a second that there is no corruption. How do you think the bill to legalize all manner of software patents ended up being voted on at a meeting for agriculture and fisheries? It's not because politicians thought the bill was in everybodies best interest.
I also don't think there is too much power to stand up to the US - not with all mem
Re:Dealing with the unknown.. (Score:3, Insightful)
However, the EU also has lots of little voices, any one of whom can speak up and block or delay legislation. When the little guys can speak up it's an excellent system (c.f. Poland on software patents), but often deals are done bet
Links (Score:2)
Note that FSF Europe (among others) is listed as a supporting party to the commission in some of the earlier documents which is quite amusing.
First China now the EU (Score:2)
let's hope the ruling gets reversed (Score:2)
Microsoft should instead be forced to publish openly and without restrictions specifications (but not source code) for all communications protocols and file formats used by their software, with steep penalties if their software fails to comply with those protocols and formats.
Re:monopolist sues regulatory body (Score:5, Insightful)
Slashbot story submitter forsakes sensationalist rhetoric and accurately represents story with headline and summary.
I won't be holding my breath.
Re:So now... (Score:2)
Re:Thank you ! (Score:2)
Next time, please include your explanation with your laughter, as it makes it easier for everyone to not make the same mistakes in the future. This is how we learn.
Re:So now... (Score:5, Interesting)
Yep. It's been done. Bus line sues women for car-pooling [smh.com.au].
Re:So now... (Score:2)
Re:Bottom of the Page (Score:2)
Do I really need to say it?
Um... Yes.
No, its Microsoft's plan for World Damnation (Score:2)
Re:I for one welcome our new corporate overlords (Score:2)
Re:I for one welcome our new corporate overlords (Score:2)
Re:I for one welcome our new corporate overlords (Score:2)
no difference (?) (Score:2)
Statistics disagree. Socio-economical, it makes a BIG difference.
Yes, because they're a monopoly (Score:2)
Microsoft established, through questionable means, a monopoly for desktop operating systems. They are now trying to parlay that into other monopolies.
In short, they're being "punished" before they can establish absolute control over things like media formats, network protocols, document formats - although it is more or less too late, now.
Comment removed (Score:5, Insightful)
Re:Bundling is bad? (Score:2)
Don't like iTunes? Delete it. You'll never see it again.
Don't like the QuickTime player? Delete it. You'll never see it again.
Don't like iMovie, Safari, iDVD, etc, etc, etc...
That's the difference. You can easily remove any application that comes with OS X and that's the end of it.
Other parts of the OS, such as the QuickTime framework (not the app, but the multimedia layer) are harder to remove, but many people would argue that they'r