October 24, 2007 | Glyn Wintle

Microsoft accepts EC competition ruling on interoperability info: analysis

It's taken a while to pick apart Neelie Kross's announcement that Microsoft have accepted the conditions of the European Commission's 2004 ruling on abuse of market position. The European Commissioner for Competition Policy stated at a press conference on Monday that:

"Put together, these changes in Microsoft's business practices, in particular towards open source software developers, will profoundly affect the software industry. The repercussions of these changes will start now and will continue for years to come."

Yet it is not clear whether the news for open source is all that good.

Groklaw rightly points out that the €10,000 one-off fee for secret interoperability information "to be paid by companies that dispute the validity or relevance of Microsoft's patents" is out of reach of most of the open source community. And the options the European Commission lay out for open source developers implementing patented interoperability information are "design around these patents, challenge their validity or take a patent licence from Microsoft.", when, as Groklaw points out "The GPL can't take a license for a patent, period."

The FFII are one group not happy with the decision. In a statement issued yesterday, Benjamin Henrion, FFII representative in Brussels, accused the commission of misunderstanding the challenges faced by open source:

"The Commission does not understand how open source works. It naively accepted Redmond's assurances that they will play fair. It is a sham. They have planned for years to control the open source economy through software patents."

Business Week have a range of reactions from elsewhere in the software community, including the Free Software Foundation Europe and the European Committee for Interoperable Systems. As they put it, "The open-source software sector isn't popping open champagne bottles just yet."



Comments (2)

  1. Ghillie Suits » The Open Rights Group : Blog Archive " Microsoft accepts EC competition ruling on interoperability info: analysis:
    Oct 24, 2007 at 01:35 PM

    [...] Check it out! While looking through the blogosphere we stumbled on an interesting post today.Here’s a quick excerptgetting to grips with real import of the MS/EU concord …"The open-source software sector isn’t popping open champagne bottles just yet." [...]

  2. mad:
    Oct 25, 2007 at 10:34 PM

    APRIL (French association which promotes and defends Free Software) has written a press release :

    "The EU/Microsoft Agreement on Interoperability: Who Is the Victor?

    Paris, October 23, 2007 - Press Release

    APRIL urges caution when considering the European Commission's recent settlement with Microsoft, which would accept to comply with the requirements described in its 2004 conviction for monopolistic practices. An in-depth study of the specifics of the settlement (to date unavailable) is required to determine whether this announcement is not just a Pyrrhic victory for the Commission, for interoperability, and for free markets. In any event, the announcement seems to give a green light to the acceptance of software patents in Europe."

    Read more on

    http://www.april.org/articles/communiques/pr-20071023.html.en



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