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[News] Microsoft is Mum After Major Legal Defeat in Europe

  • Subject: [News] Microsoft is Mum After Major Legal Defeat in Europe
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Wed, 03 Oct 2007 10:53:29 +0100
  • Newsgroups: comp.os.linux.advocacy
  • Organization: Netscape / schestowitz.com
  • User-agent: KNode/0.10.4
Lawyer of the Week: Thomas Vinje

,----[ Quote ]
| The Clifford Chance partner who acted in support of the EC's ruling that 
| Microsoft had abused its dominance 
`----

http://business.timesonline.co.uk/tol/business/law/article2567125.ece

Microsoft Mum on Plans for EU Appeal

,----[ Quote ]
| The Sept. 17 ruling by the EU's Court of First Instance means "there is a 
| clear set of guidance for us, and we move on in that environment," he told 
| lawmakers.  
`----

http://ap.google.com/article/ALeqM5hnAzQ2u98jx5lz4YIKKlqFw3noLgD8S1943G0

Microsoft Keeps Options Open on EU Case

http://biz.yahoo.com/ap/071002/france_microsoft.html?.v=1

Naked PCs, structural remedies, and open protocols may be on the way.


Related:

Users split over naked PCs

,----[ Quote ]
| The high cost to business of having Windows pre-installed on PCs was 
| certainly an issue for ZDNet.co.uk's sister site silicon.com's CIO Jury. 
| Three-quarters of the jury backed calls for naked PCs, not only to foster 
| diversity in operating systems but also to bring down costs.   
| 
| On the business side, several reader comments point to the fact many 
| companies do not use pre-installed operating systems but rather choose to 
| install a "standard image" on each machine. By starting from a naked PC, 
| businesses would at least save time (due to not having to delete the existing 
| installation), if not cash too, they said.    
`----

http://news.zdnet.co.uk/software/0,1000000121,39289744,00.htm?r=2


A free market for free software

,----[ Quote ]
| Retailers then have the option of selling a naked PC with no operating 
| system, or one with a free operating system, at a discounted price. The 
| technology exists to create a European-wide image-distribution system that 
| could put any operating system onto any PC at retail, in moments. A sensible 
| retailer would keep up with demand by maintaining a small stock of 
| ready-to-sell PCs with the operating system of the moment: not an onerous 
| requirement. That system could be paid for by the Microsoft fine, and it 
| would be open to any operating system whose licence allowed unrestricted 
| copying.        
| 
| There are many benefits to this approach. OEMs and operating-system writers 
| will be motivated to keep their images up-to-date with security patches and 
| features, minimising their own infrastructure expenses, and it would be an 
| interesting new channel to the users. Even Microsoft would be free to join, 
| when it produces a free version of Windows. Now that's a real free market.    
`----

http://news.zdnet.co.uk/leader/0,1000002982,39289612,00.htm?r=5


Unbundling Microsoft Windows

,----[ Quote ]
| Computers in the European Union should be sold without a bundled operating 
| system, according to this submission to the European Commission. It says that 
| the bundling of Microsoft Windows with computers is not in the public 
| interest, and prevents meaningful competition in the operating system market.   
`----

http://www.globalisation.eu/briefings/competition-policy/unbundling-microsoft-windows-200709231241/


Free-market think tank urges EU to unbundle Windows

,----[ Quote ]
| The Globalisation Institute, a European think-tank run by free market 
| advocates, today went on the offensive against Microsoft, calling on the EU 
| to require all PCs to be sold without operating systems.  
`----

http://www.channelregister.co.uk/2007/09/24/globalisation_institute_windows_bundling/


Ruling: Acer must refund purchase price of preinstalled software that is not
being used

,----[ Quote ]
| In France the "Groupe de travail Détaxe" of the "Association Francophone des 
| Utilisateurs de Linux et des Logiciels Libres" (AFUL) [Association of 
| French-speaking users of Linux and free software] is one of a number of 
| groups calling for an end to what it terms the "OEM tax." In reports 
| published in France it says that the case now made public was not the first 
| of its kind and that there are indications that in similar court cases where 
| decisions are still pending these could in the end be similar to the one just 
| published. Since this summer the AFUL campaign by the name of Non aux 
| racketiciels is also being supported by the Linux distributor 
| Mandriva. "Racketiciel" is composed of "racket" as in English and the 
| ending "iciels" taken from "logiciel," the French word for software.          
`----

http://www.heise.de/english/newsticker/news/96581


French consumer group attacks PC software bundling

,----[ Quote ]
| UFC-Que Choisir legal officer Sandra Wouhling said current
| practice effectively forced ordinary consumers to buy computers
| using Microsoft operating systems whereas companies anda
| dministrations were offered a real choice.
`----

http://yahoo.reuters.com/news/articlehybrid.aspx?storyID=urn:newsml:reuters.com:20061214:MTFH94365_2006-12-14_14-49-22_L14537403&type=comktNews&rpc=44
http://tinyurl.com/yf7kfu


Red Hat tells EU to sock it to Microsoft

,----[ Quote ]
| Monday’s Microsoft ruling is good news for open source and proprietary 
| vendors alike. But Michael Cunningham, executive vice president and general 
| councel at Red Hat, believes the European Commission shouldn’t let up the 
| pressure on the Redmond giant.   
`----

http://www.businessreviewonline.com/os/archives/2007/09/red_hat_tells_e.html


Red Hat’s Szulik comments on EU vs. Microsoft

,----[ Quote ]
| Red Hat dropped me a note this morning in response to the European’s 
| Commission’s smack down of Microsoft. I don’t know if Red Hat CEO Matthew 
| Szulik was toasting champagne while he fired off this response, but it would 
| have totally made sense if he was.   
`----

http://enterpriselinuxlog.blogs.techtarget.com/2007/09/17/red-hats-szulik-comments-on-eu-vs-microsoft/


Red Hat Advocates True Interoperability and Competition

,----[ Quote ]
| "Microsoft continues to deny open source providers access to and use of the 
| interoperability information that now clearly must be provided. Red Hat 
| strongly encourages the Commission to take the steps required to assure rapid 
| implementation of a remedy that gives broad and equitable access to Microsoft 
| interoperability information to all competitors, including open source 
| providers. Red Hat firmly believes that competition, not questionable patent 
| and trade secret claims, drives innovation and creates greater consumer 
| value," said Michael Cunningham, Executive Vice President and General Counsel 
| at Red Hat.        
`----

http://biz.yahoo.com/bw/070918/20070918005511.html?.v=1


Microsoft Must Share Code With Rivals

,----[ Quote ]
| Microsoft lost its appeal of a European antitrust order Monday that obliges 
| the technology giant to share communications code with rivals... 
`----

http://apnews.myway.com/article/20070917/D8RN77CG0.html


Halloween Memo I Confirmed and Microsoft's History on Standards

,----[ Quote ]
|  By the way, if you are by any chance trying to figure out Microsoft's policy 
|  toward standards, particularly in the context of ODF-EOXML, that same 
|  Microsoft page is revelatory, Microsoft's answer to what the memo meant when 
|  it said that Microsoft could extend standard protocols so as to deny 
|  Linux "entry into the market":    
|
|    Q: The first document talked about extending standard protocols as a way 
|    to "deny OSS projects entry into the market." What does this mean? 
|
|    A: To better serve customers, Microsoft needs to innovate above standard 
|    protocols. By innovating above the base protocol, we are able to deliver 
|    advanced functionality to users. An example of this is adding 
|    transactional support for DTC over HTTP. This would be a value-add and 
|    would in no way break the standard or undermine the concept of standards, 
|    of which Microsoft is a significant supporter. Yet it would allow us to 
|    solve a class of problems in value chain integration for our Web-based 
|    customers that are not solved by any public standard today. Microsoft 
|    recognizes that customers are not served by implementations that are 
|    different without adding value; we therefore support standards as the 
|    foundation on which further innovation can be based.          
`----

http://www.groklaw.net/article.php?story=20070127202224445

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