Learn from the mistakes of others

First Microsoft whinges that it needs more time, and better access to documents and such ...

Wednesday, February 15, 2006
Microsoft faces EU fines as antitrust complaints deadline looms
Angela A. Onikepe at 7:38 AM ET

[JURIST Europe] Microsoft [corporate website] must provide a written answer to EU complaints that it has failed to comply with an antitrust ruling against the software giant by midnight European time Wednesday or risk daily fines of up to 2 million euros ($2.38 million US). The European Commission (EC) [official website], however, has branded 71 of the 100 files relating to Microsoft's antitrust file as confidential; Microsoft claims it needs access to those files to defend itself and has stated it will be requesting an oral hearing to contest the confidential labeling.

In March 2004, the Commission concluded a five year investigation [EC press release] which held that Microsoft had failed [ruling PDF text] to make its server software sufficiently accessible to outside programmers. The Commission also levied a record fine of 497 million euros ($613 million US) against Microsoft and ordered that it share its technical data. Microsoft has instead offered to share its source code [JURIST report], a move that has been viewed with scepticism by the Commission and Microsoft's rivals. The company provides information on its compliance with the EU ruling [Microsoft press release]. Microsoft's appeal against the Commission's 2004 antitrust ruling is scheduled for late April 2006.

AP has more.

Then they remember that they've already complied ...

Thursday, February 16, 2006
Microsoft says it already responded to EU antitrust complaints
Angela A. Onikepe at 3:55 AM ET

[JURIST Europe] Microsoft [corporate website] responded Wednesday to European Commission (EC) [official website] complaints of non-compliance [JURIST report] with orders from a 2004 EC antitrust ruling to produce technical data by insisting in a 75-page report that the EC had ignored significant evidence [Microsoft press release] relating to the release of source code material. The software giant accuses the EC of contributing to the problems by not clearly stating its "requirements and concerns" and by not reviewing previous documents submitted by Microsoft. Microsoft also provided the EC with two independent expert reports purported to have examined Microsoft's technical documentation.

Microsoft continues to face daily fines of up to €2 million ($2.38 million US) daily. The EC ruled in 2004 that Microsoft was abusing its dominant position in the computer industry and ordered it to share its source code with other software developers. The software company was fined a record €497 million ($613 million US).

BBC News has more.

For those of you who don't know, the Non-Disclosure Agreements required by Microsoft before letting anyone look at code are spectacular in their comprehensiveness and penalties. If you think their EULAs are impressive, doing National Security work is less intimidating than contemplating an MS NDA.

The "independent experts" probably cannot identify themselves now or at any time in the future. Which can make it hard to assess their "independence" or their "expertise". Or ascertain whether and what they actually examined in compiling their reports.

It's also hard to assess whether the 'technical documentation' considered bears any relationship to reality.

But such is the paranoia that MS fosters by it's own prior conduct.