Bonum Certa Men Certa

Microsoft Wins Free Software-Hostile Deal in Europe, Its Front Group ACT Pleased

EU and Polish flag



Summary: By pushing law-enforcing action to the end of term, Microsoft has successfully bamboozled the Commission

IT IS no secret that Microsoft has undergone scrutiny in Europe for only few of its many offenses. The BBC reported yesterday:

The European Union has begun an investigation to determine whether Microsoft is upholding pledges to curb anti-competitive practices.

[...]

The company was also told to give rivals more information about how Windows works, so they could make their own software integrate better with the operating system.

Microsoft appealed against the decision but lost its case in 2007.


The latest development was covered most closely by The Register, which wrote about a looming deal that the FSFE and a Samba lawyer warned about because they knew it would be bad. Here is Heise covering the opposition:

The Free Software Foundation Europe (FSFE) has published an open letter addressed to European Commissioner for Competition Neelie Kroes. The letter arises out of the foundation's concern that settling the two Directorate General for Competition cases against Microsoft too hastily could have long-term detrimental effects on the competitiveness of desktop systems. The European Commission is presently investigating the bundling of Internet Explorer (IE) with the Microsoft operating system. Furthermore, the European Committee for Interoperable Systems (ECIS) has complained of Microsoft's reluctance to release important information needed to ensure the compatibility of open source software with Microsoft products.


FSFE warned about this in advance. And they were right.

Microsoft is a step nearer to settling a large part of its ongoing disagreements with the European Commission - the regulators have agreed to market-test Microsoft's suggested solution to browser bundling.

The software giant offered to include a ballot screen which would show users a choice of possible browsers when a machine is first booted up.


It does not go far enough. And check out the following report:

The company promises to support public, open industry standards and document that support.

Access to interoperability information will be "subject to no more than a nominal upfront fee" - this issue particularly irking the open source community.


When it comes to Web browsers, 'Microsoft Meller' quotes Neelie Kroes as saying that she knew what she was getting.

Kroes said she is sure some of Microsoft's rivals will not be satisfied by the new offer. "A number of people are never 100 percent satisfied," she said.


So why make the deal in a hurry? There was a similar mistake being made in 2007 -- a bad deal which was signed about 2 years ago. After a meal with Steve Ballmer, Neelie Kroes agreed to a deal which was hostile towards Free software, Microsoft's #1 competitor. She is doing it again and Groklaw explains some of the obvious issues.

Here's Microsoft's statement, glowing with happiness that their two proposals, with some changes suggested in the last month or so by the EU Commission, have basically been adopted, if the test works out.

[...]

Privately enforced? Informal? Meaning we get to pay to sue Microsoft? The EU Commission washes its hands regarding enforcement? I'm afraid that doesn't sound promising.

[...]

Famous last words. A trustful deal with Microsoft. Lordy. The problem isn't that they don't understand. Call me cynical, but I also don't believe she suddenly trusts Microsoft. On what basis? Microsoft's behavior for the last ten years in its dealing with the EU Commission? Puh lease.

Ms. Kroes' five-year term ends in a month, unless it is renewed or extended.

[...]

We've already learned that it is not royalty-free. And I have a question. If you can't patent software as such in Europe, how come the EU Commission allows patent licenses for a fee in Europe?


Microsoft's front group ACT quickly appears on the scene to promote and praise the deal.

"We are glad that Microsoft and the EC have reached a compromise in which developers are not adversely affected by the removal of code from Windows," said Jonathan Zuck, president of the Association for Competitive Technology.


CNET's Microsoft PR person plays a role that's similar to the lobbyist above by parroting Microsoft.

This whole episode comes to show that nothing has changed. Microsoft is passing some new self-serving laws, gently bribing/influencing the right people, and continuing to abuse the market as though it has a God-given right to do so. In this case, by procrastinating forever, Microsoft managed to push legal action to the end of the term, which then led to a rushed and foolish decision. As always, Microsoft relies heavily not just on lobbyists but also on endurance in court -- that is, testing the regulators' (law enforcers or competitors) patience and depth of pockets.

"Microsoft and its employees now think it is indeed the Master of the Universe."

--Stewart Alsop, Fortune



Comments

Recent Techrights' Posts

GNU/Linux Adoption in Africa, a Passageway Towards Freedom From Neo-Colonialism
Digi(tal)-Colonialism and/or Techolonialism are a thing. Can Africa flee the trap?
 
Professor Eben Moglen Explained How Software Patent Threats Had Changed Around 2014 (Alice Case) and What Would Happen Till 2025
clip aged reasonably well
CNN Contributes to Demolition of the Open Web
Reprinted with permission from Ryan Farmer
Eben Moglen on Encryption and Anonymity
The alternate net we need, and how we can build it ourselves
Yet More Microsofters Inside the Board of Mozilla (Which Has Just Outsourced Firefox Development to Microsoft's Proprietary Prison)
Do you want a browser controlled (and spied on) by such a company?
IRC Proceedings: Monday, December 04, 2023
IRC logs for Monday, December 04, 2023
GNU/Linux Now Exceeds 3.6% Market Share on Desktops/Laptops, According to statCounter
things have changed for Windows in China
Over at Tux Machines...
GNU/Linux news
Links 05/12/2023: Debt Brake in Germany and Layoffs at Condé Nast (Reddit, Wired, Ars Technica and More)
Links for the day
[Meme] Social Control Media Giants Shaping Debates on BSDs and GNU/Linux
listening to random people in Social Control Media
Reddit (Condé Nast), Which Has Another Round of Layoffs This Month, Incited People Against GNU/Linux Users (Divide and Rule, It's 2003 All Over Again!)
Does somebody (perhaps a third party) fan the flames?
Who Will Hold the Open Source Initiative (OSI) Accountable for Taking Bribes From Microsoft and Selling Out to Enable/Endorse Massive Copyright Infringement?
it does Microsoft advocacy
Using Gemini to Moan About Linux and Spread .NET
Toxic, acidic post in Gemini
Web Monopolist, Google, 'Pulls a Microsoft' by Hijacking/Overriding the Name of Competitor and Alternative to the Web
Gulag 'hijacking' 'Gemini'
Links 04/12/2023: Mass Layoffs at Spotify (Debt, Losses, Bubble) Once Again
Links for the day
ChatGPT Hype/Vapourware (and 'Bing') Has Failed, Google Maintains Dominance in Search
a growing mountain of debt and crises
[Meme] Every Real Paralegal Knows This
how copyright law works
Forging IRC Logs and Impersonating Professors: the Lengths to Which Anti-Free Software Militants Would Go
Impersonating people in IRC, too
IRC Proceedings: Sunday, December 03, 2023
IRC logs for Sunday, December 03, 2023
GNU/Linux Popularity Surging, So Why Did MakeUseOf Quit Covering It About 10 Days Ago?
It's particularly sad because some of the best articles about GNU/Linux came from that site, both technical articles and advocacy-centric pieces
Links 04/12/2023: COVID-19 Data Misused Again, Anti-Consumerism Activism
Links for the day
GNOME Foundation is in Reliable Hands (Executive Director)
Growing some good in one's garden
Links 03/12/2023: New 'Hey Hi' (AI) Vapouware and Palantir/NHS Collusion to Spy on Patients Comes Under Legal Challenge
Links for the day
'Confidential Computing'? More Like a Giant Back Door.
CacheWarp AMD CPU Attack Grants Root Access in Linux VMs
IRC Proceedings: Saturday, December 02, 2023
IRC logs for Saturday, December 02, 2023
Links 03/12/2023: CRISPR as Patented Minefield, Lots of Greenwashing Abound
Links for the day