Microsoft was set a deadline of the end of May to propose how it would comply with the EC’s remedies to improve third-party software interoperability with Windows. The company had risked being fined 5% of its daily global sales after the Commission become frustrated with its previous efforts.
European Competition Commissioner, Neelie Kroes, has declared the Commission satisfied with Microsoft’s latest proposal, but there remain outstanding issues related to Microsoft’s attitude towards open source software.
I am happy Microsoft has recognized certain principles which must underlie its implementation of the Commission’s decision, said Kroes in a statement. I remain determined to ensure that all elements of the decision are properly implemented. This includes the ability for developers of open source software to take advantage of the remedy.
Microsoft believes that software developed by users of the company’s published interoperability information should not be able to license their software under an open source license, according to the Commission.
The Commission believes that it will be able to force Microsoft’s hand and open up the information to open source developers should the European Court of First Instance decline Microsoft appeal against the sanctions, at least for the protocols that do not embody innovations.
Microsoft has agreed to make a number of changes to the conditions surrounding the sharing of its protocols with rivals, including allowing the development and sale of interoperable products on worldwide basis, and agreeing that some of the protocols it makes available will be under a royalty-free license.
While the proposed changes have the approval of Kroes, the Commission will now begin market testing them with the industry. Meanwhile the trustee monitoring Microsoft’s compliance with the antitrust sanctions will evaluate the level of innovation involved in the protocols and establish whether Microsoft’s proposed royalty charges are fair value.
