Microsoft To Embarrass Europeans

Microsoft is accusing the European Commission (EC) of denying it a fair defense in its long-running anti-trust case, so officials could nip off early for their Christmas hols.

That's just one of the claims Microsoft is laying at the door of the EC - a fact learned today after Redmond took the unprecedented step of publishing confidential documents and correspondence used in the case. Microsoft has also accused EC regulators and prosecutors of tardiness, laziness, acting illegally, and of a brazen desire to encourage cheaper knock-offs of Microsoft products. (Ed: And we thought that was just called "competition.")
At stake is a daily EC fine of $2.4m, which Microsoft hoped to sidestep in January by promising to publish source code for its Windows server communications protocols. Rather than jump at Microsoft's belated offer, the EC preferred instead to evaluate it and decide whether Microsoft was in compliance.

According to Microsoft, the EC had "not even bothered to read the most recent versions" of documents submitted before the December statement of objections and "waited many months before informing Microsoft that it believed changes were necessary".

"The second claim... concerning the usability of Microsoft's documentation, made an even more tardy appearance," Microsoft said, adding the EC's criticisms "ignore the inherent complexity of writing specifications for software as complex as the Windows server operating system communications protocols".

Microsoft continued: "Despite Microsoft's substantial and serious efforts to reach the ever-receding horizon of the commission's demands... the commission was not to be deterred from its pre-holiday rush to impose a punitive daily fine on Microsoft."

Microsoft said it would be unlawful for the EC to fine Microsoft, as it had failed to review the documentation it already had.

The company accused the EC of working at the behest of its competitors by "commanding the compulsory licensing of some of Microsoft's most valuable intellectual property". "It's no mystery why the commission refused to state its standard for compliance regarding interoperability information in clear written form," the company said.

Read Microsoft’s Response to the European Commission