Feeds

Microsoft criticizes EU's 'unreasonable' judgement

Your manifest error blocks our manifest destiny

High performance access to file storage

Microsoft has opened its promised appeal against a European Union court fine of $1.4bn (899m euros), calling the charge "unreasonable" and "error prone".

The Commission ruled in February Microsoft had used high prices to discourage competition, and that it had failed to comply with earlier sanctions levied by the Commission.

The company told the Court of First Instance the charge had been made without it having taken into account the fact that "the contested decision only concludes that the royalties allegedly established by Microsoft under one particular license... were unreasonable."

According to Microsoft, the Commission made a "manifest error" in deciding its prices were unreasonable saying the prices were "intended to facilitate negotiations between Microsoft and the prospective licensees."

Among other claims, Microsoft said the Commission had ignored evidence from patent experts on the subject of whether Microsoft's trade secrets were innovative, and it had denied Microsoft a right to be heard as it failed to give Microsoft the chance to give its views at the end of the period for which it was fined.

Commission spokesperson Jonathan Todd reportedly said the Commission is confident that its decision to impose the fine was "legally sound".

Lest you'd forgotten, this latest fine stems from the Commission's ruling four years ago that Microsoft failed to comply with its order to provide information to competitors, on reasonable terms. The ruling came after it was found Microsoft had abused its position in the PC and operating systems markets to damage the competition on interoperability and on media players.

The Commission hit Microsoft with a $781m (497m euros) fine and again, later, with a fine $440m (280.5m euros) for non compliance after Microsoft lost an appeal against the first fine. The February fine covers the period of non compliance since the second fine through to October 21, 2007.®

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Big Content goes after Kim Dotcom
Six studios sling sueballs at dead download destination
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
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.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
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.