Feeds

Judge Cooke questions EC settlement

Day four: Patents, protocols and intellectual property

Internet Security Threat Report 2014

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 .®

Security for virtualized datacentres

More from The Register

next story
Just don't blame Bono! Apple iTunes music sales PLUMMET
Cupertino revenue hit by cheapo downloads, says report
The DRUGSTORES DON'T WORK, CVS makes IT WORSE ... for Apple Pay
Goog Wallet apparently also spurned in NFC lockdown
Cray-cray Met Office spaffs £97m on VERY AVERAGE HPC box
Only 250th most powerful in the world? Bring back Michael Fish
Microsoft brings the CLOUD that GOES ON FOREVER
Sky's the limit with unrestricted space in the cloud
'ANYTHING BUT STABLE' Netflix suffers BIG Europe-wide outage
Friday night LIVE? Nope. The only thing streaming are tears down my face
Google roolz! Nest buys Revolv, KILLS new sales of home hub
Take my temperature, I'm feeling a little bit dizzy
Cisco and friends chase WiFi's searing speeds with new cable standard
Cat 5e and Cat 6 are bottlenecks for WLAN access points
prev story

Whitepapers

Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.
Website security in corporate America
Find out how you rank among other IT managers testing your website's vulnerabilities.