Microsoft Takes a Dump on the European Commission
The EU demanded that monopolist Microsoft open their protocols. To even out the competitive field, the EU's requirement would let competitors interoperate with Microsoft server products or act as ISV's and offer applications on the server platform. This decision goes back to the notion that Microsoft at one time promised to keep its OS separate from any applications it developed. In typical fashion, Microsoft handed over documentation but it did not meet the standard required by the commission. The European Commission issued Microsoft a warning that the Redmond company could face a retroactive fine of up to $2.37 million a day for failing to comply with its antitrust order. So what does Microsoft do? Microsoft dumped their entire code and handed it over to the commission to settle the matter. Considering how quickly Microsoft changes its code base, this seems fraught with peril. Would you use a snapshot of MS code to start a project? Microsoft wants the EC to buy this as compliance with the order and the EC is considering it. Hello folks across the pond! Don't accept it because it's unacceptable. Make Microsoft live up to both the letter of the law and the spirit of the law. Microsoft should publish documentation that allows licensees to use the technology. It requires Microsoft to gear up a program for a different kind of partner - a licensee. These programs require engineers, support, updates, conferences, educational courses, agreements, different licenses, managers, etc. Microsoft either gets with the program or force them to pay the fine and fine them some more. They dumped on you, now dump on them. |
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Comments (4)
Instead of a $2M a day fine, why don't they order MS set aside $1M a day for a business month, say $20M total, and pay a consulting firm to turn the source code into the documentation the EC have ordered MS to produce. Give the consulting firm a reasonable time, say 6 months, to document the interfaces, and test that the interfaces behave in the described manner. If the task takes longer havethe EC consider making MS pony up more cash.
MS can have an NDA with the consulting firm so their precious source code never gets free. The third parties can have the documentation on implementing interfaces that they need, with no strings attached. MS also gets their own software de-bugged and tested, so the money to the consulting firm is not a total loss
If MS doesn't agree then the EC can change the fine to $4M a day doubling it each month that goes by without compliance by Microsoft.
This will get the results that the EC has ordered, keep third party software writers from being 'tainted' by MS code, and (if MS complies) keep the potential fines MS might have to pay way down.
A win-win-win situation that would promote competition!
Unless any of those parties is against fair competition and innovation :)
http://www.pcworld.com/resource/article/0,aid,124515,pg,1,RS...
Quoting:"It would be premature to conclude access to the source code would resolve the problem of the lack of compliance with our decision," Jonathan Todd, spokesperson for European competition commissioner Neelie Kroes...
I have also scanned the license, and as far as I can tell, its gonna cost a lot of money.
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