Microsoft’s lawyers disagree, however, and entered a variety of arguments
last May that the fine is too high, and was entered based upon “manifest
errors” in the EU’s process. With copies of the arguments released
publicly earlier this week (PDF), its demands to annul the fine are now
available for perusal worldwide:
Additionally, Microsoft previously
appealed the fine to Europe’s Court of First Instance last May – however
little has developed in the appeal since its filing.
The company’s trouble began in 2004 when the EU demanded Microsoft provide
competitors the ability to connect to software running under its Windows
platform (applications like Exchange and Active Directory). Third-party attempts
to connect to Microsoft technologies have, typically, been written by reverse
engineering the company’s communications protocols.
quote: due to the fact that Microsoft’s pricing for the documentations was not in line with the EU’s definition of “reasonable,” – the EU never explicitly stated what it considered a “reasonable” price to be.
quote: Further, licensing rates for information on its proprietary protocols – despite not passing the EU’s benchmark of reasonability – were more than 30 percent lower what industry experts PriceWaterhouseCoopers determined to be a fair price for “comparable technology.”
quote: The EU based some its assessment reports on documents obtained that courts later determined to be “unlawful.”
quote: Microsoft was denied its “right” to be heard due to the EU’s failing to give Microsoft the opportunity to speak up after the period for which it was fined, preventing the company from “commenting on all relevant aspects of the case.”
quote: Did you even read the article. This fine was not from Microsoft breaking the rules. It was from them saying Microsoft did not sufficiently comply with what they wanted them to do as a result of the initial ruling.
quote: So you think its ok for Microsoft to be fined because they didn't meet a goal that was never told to them? That'd be like your boss firing you for not getting your work done by the deadline when he never told you when the deadline was.
quote: So experts in the computer industry say that Microsoft's protocols are worth a certain amount, Microsoft prices its licensing fees more than 30% below that, and those prices are deemed unfair by the EU who don't have a damn clue what any of this stuff is worth.
quote: The EU based some its assessment reports on documents obtained that courts later determined to be “unlawful.” Hey who cares what they get or how they get it just so long as they make a decision right?
quote: Ah so we'll just throw out any kind of ability for a company to speak up against absurd fines as well. Perfectly ok.The fact of the matter is, Microsoft makes a product. It spends billions of dollars doing so. It has the right to charge whatever it wants for protocol information and anything else. If those prices are too high, then people and businesses will go to other products. It's called the free market. Something the EU wouldn't know if it smacked them in the face with a sledgehammer.
quote: You get stopped for speeding, doing 50 in a 30 zone and you get a fine. Afterwards you get pulled over a other couple of times for doing 40 in the same zone afterwards you have to come for a judge and he takes away your license (read the 1.4B fine) and you start arguing yeah but 40 is a real safe speed there this is bogus (read MS dint wane comply) do you find it strange that in the end a judge gives suds a penalty because you wont wane hear to reason ?
quote: I have seen a intervieuw whit Neelie Kroes the EU Competition Commissioner, in that interview she was saying that in her hole life she never came a crosses a company, that tried to stall, wiggle, BS its way out of complying whit the rules.