Feeds

Judge Cooke questions EC settlement

Day four: Patents, protocols and intellectual property

High performance access to file storage

Europe vs MS The Court of First Instance reconvened after lunch for more grilling of both parties by Judge John D Cooke.

Samba's Dr Andrew Tridgell was first in the firing line. He was questioned on protocols, algorithms and how they relate to patents.

Tridgell explained that algorithms usually depend on the programming environment - so Windows and Unix are likely to be very different. He said the methodology of patents in a Windows environment was not possible in a Unix environment so they don't infringe. In practical terms he told the court that a specification and an implementation were separate.

Judge Cooke returned to the Commission's definition of the market used to show Microsoft abuse. Commission advocate Whelan made a spirited defence of an issue that clearly worried Judge Cooke.

The court then returned to copyrights and patents and how far Microsoft was entitled to protection. Whelan said that only Microsoft could answer that question, and it had failed to provide such evidence to the Court. There followed a frankly baffling debate on the nature of intellectual property, trade secrets, copyright and property holder's right to keep that information.

Cooke also questioned the Commission's claim that Microsoft was guilty of "disruption of supply" in relation to ending an agreement with AT&T to license them APIs.

After what appeared to be a difficult day for the Commission under tough questioning from Judge Cooke, Court president Bo Vesterdorf suggested delaying Microsoft's final pleadings until tomorrow morning. Discussion of the fine then concludes the hearings.

Although it seemed that the Commission got the harder time of it today it would be dangerous to read too much into this. Judges may want to ensure they are happy with a Commission decision they are minded to support.

Or it could mean nothing at all. There are 13 judges and a decision is not expected for several months, so assuming they have already decided and are off to play volleyball for the summer before telling us is dangerous .®

High performance access to file storage

More from The Register

next story
Seagate brings out 6TB HDD, did not need NO STEENKIN' SHINGLES
Or helium filling either, according to reports
European Court of Justice rips up Data Retention Directive
Rules 'interfering' measure to be 'invalid'
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Cisco reps flog Whiptail's Invicta arrays against EMC and Pure
Storage reseller report reveals who's selling what
Bored with trading oil and gold? Why not flog some CLOUD servers?
Chicago Mercantile Exchange plans cloud spot exchange
Just what could be inside Dropbox's new 'Home For Life'?
Biz apps, messaging, photos, email, more storage – sorry, did you think there would be cake?
IT bods: How long does it take YOU to train up on new tech?
I'll leave my arrays to do the hard work, if you don't mind
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.