Sadly predictably, the EU's Court of First Instance ruled against Microsoft today in the company's appeal against an EUR 497 million fine imposed by the European Commission. The fine was imposed in 2004 ostensibly for two reasons:
  1. for Microsoft having increased the value of Windows by including Windows Media Player freely in the operating system, thus undercutting the malwarish, ad-ridden, privacy invading Real Player;
  2. for Microsoft refusing to "disclose to competitors interoperability information which would allow non-Microsoft work group servers to achieve full interoperability with Windows PCs and servers" - i.e., for refusing to work with competitors to implement their own domain controllers for Windows domains.
In April's The Commission for Unfair Trade, I already wrote about how including the Windows Media Player with the operating system is a non-issue that calls for anything other than government punishment. If the Windows Media Player is free and is good, and if the competition (Real Player) is ad-ridden and crappy, then it is a service to consumers if Microsoft bundles the Media Player with Windows. Furthermore, it is Microsoft's right to do so, just as it is a car manufacturer's right to sell a car with a stereo. And if the customer is dissatisfied with the Windows Media Player, they are free to get Real Player; except that Real Player is ad-ridden, privacy invading, intrusive and crappy, so they don't. Hence, the publishers of Real Player seek refuge in the courts.

With regard to the second issue - opening Windows up to allow Linux-based domain controllers, for example - think about it this way. You create products which work well together. You optimize them to do so. As a result, your solution is successful.

Then along comes someone who wants to sell a cheaper replacement for one of the components of your solution. Since you are not disclosing the internal functioning of your system, they file a lawsuit requiring you to do so.

This is much like Volkswagen suing BMW to disclose the specifications of their engines so that Volkswagen can build engines for BMWs. Then the EU competition commissioner would require BMW to sell a version of its cars without an engine so that customers can get an engine from Volkswagen.

This is serious injustice taking place here. The only reason the EU can get away with it is that Microsoft is selling the various components of its solution as separate products (Windows desktop vs. Windows server) instead of as a single product (a car).

As long as the EU is calling for Microsoft to publish the domain controller protocols, why doesn't it call for Microsoft to disclose the internal protocols that are part of Windows as well? Hey, imagine the benefit to consumers if any company could implement their own Windows Client/Server Runtime Subsystem!

Hey, while we're at it, why not just require Microsoft to publish all of their source code?

Why not require Microsoft to give free licenses to students and home users?!

Hey, why not require Microsoft to give away all of its software for free?!

That would be good for consumers! Wouldn't it? Really?