The test relates only to the interoperability side of proposals
submitted to the Commission last week, and follows concerns that
Microsoft is charging too much for interoperability licenses and is
not providing sufficient technical detail to allow competitors to
assess whether they should buy a licence, albeit there is no
requirement on Microsoft to provide source code.
Subject to the results of the market test, the Commission says
that work group server developers interested in receiving
interoperability information from Microsoft will be able to develop
and sell their products on a global basis.
The Commission also reports that Microsoft has recognised the
need to enhance the options available to interoperability
recipients by creating a range of packages of information from
which they can choose according to their needs.
Furthermore, there will be a category of interoperability
information that will be disclosed royalty-free.
"I am happy that Microsoft has recognised certain principles
which must underlie its implementation of the Commission's
Decision" said European Competition Commissioner Neelie Kroes. "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," she
added.
The question of open source accessibility to the code has proved
a sticking point in the negotiations.
Microsoft considers that the software source code developed by
recipients of the interoperability information that implements the
Microsoft protocols should not be published under a so-called "open
source licence".
However the Commission considers that, if the Court of First
Instance rules in favour of the Commission in Microsoft's appeal
against the Commission's antitrust finding, this should be possible
for the protocols that do not embody innovations.
The Commission confirmed today that, if the Court rules in its
favour, it is committed to ensuring that this will be the case.
Background
The Commission found Microsoft guilty of breaking competition
law last March, ruling that the software giant had leveraged its
near monopoly in the market for PC operating systems onto the
markets for work group server operating systems and for media
players.
As a sanction, the Commission ordered Microsoft to disclose to
competitors the interfaces required for their products to be able
to "talk" with the ubiquitous Windows operating system.
Microsoft was also required to offer an alternative
stripped-down version of Windows to PC manufacturers and when
selling directly to end users and it was fined €497 million for
abusing its market dominance in the EU.
Microsoft paid the fine into an escrow account in July 2004,
where it will be held until the appeal against the ruling has been
resolved – a process that could take up to five years to
complete.
