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[News] European Commission Leaves FOSS-hostile Agreement Open to Scrutiny

  • Subject: [News] European Commission Leaves FOSS-hostile Agreement Open to Scrutiny
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Mon, 12 Oct 2009 09:51:39 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
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EU Commission Invites Comments on the Microsoft Deal - Here's
Where to Send Them

,----[ Quote ]
| The official notice of the new draft deal between 
| Microsoft and the EU Commission has now been posted 
| to the EC website and published [PDF] in the 
| Official Journal of the European Union, and it 
| invites comments, giving all the addresses, email, 
| fax and regular mail, where interested parties can 
| submit their observations within a month of the 
| date of the announcement. The date of the 
| announcement was October 7. Comments must *reach* 
| the EU Commission within a month, not be postmarked 
| by then.
| 
| [...]
| 
| And the price to interoperate with Microsoft, 
| according to that document and the proposed 
| interoperability agreement [.doc] is $10,000, and 
| that is the minimum, not the maximum:
| 
|     3.Royalties
| 
|     3.1. Prepaid Royalties. Licensee will pay 
|     Microsoft $10,000 in non-refundable prepaid 
|     royalties, to be credited against Royalties.
| 
|     3.2. Royalties. Licensee will pay Royalties for 
|     each Product containing an Implementation 
|     consisting of the Net Revenues for that Product 
|     multiplied by the Royalty Rate set forth below, 
|     provided that the Royalty per User of that 
|     Product or Provided Copy of that Product will 
|     not be less than the Minimum Royalty set forth 
|     below for the applicable Product Type: 
| 
| Then there is a chart, breaking it down further. 
| Now, $10,000 is nothing to Microsoft. A large, 
| supported project like SAMBA could probably swing 
| it. How about some university student somewhere? 
| You don't think that matters? How about a 
| university student named Linus Torvalds, for 
| example? Think *that* matters? Do you want a deal 
| that excludes the next Linus Torvalds? Where will 
| he get $10,000? This single clause exiles any 
| innovation from the next Linus, because he won't be 
| able to afford to pay the toll to interoperate, 
| thus excluding him from the general market.
`----

http://www.groklaw.net/article.php?story=20091010104533940


Recent:

Microsoft antitrust case: FSFE offers analysis to European Commission

,----[ Quote ]
| For desktop applications, FSFE argues that the software
| monopolist must release interoperability information in
| such a way that it can be used in Free Software. The
| company must also make a binding commitment not to
| enforce its patents against Free Software. That would
| prevent Microsoft from using Fear, Uncertainty and Doubt
| (FUD) to keep rivals from making use of the information.
`----

http://fsfe.org/news/2009/news-20091006-01.en.html
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