eWeek Microsoft Watch
Advertisement
Advertisement
February 9, 2006 10:55 AM

EU, Fresh Out of Patience, Denies Deadline Extension Request



Microsoft lost its second bid on Wednesday for a deadline extension for responding to charges it has failed to comply with the EU's 2004 antitrust ruling, in another of Microsoft's never-ending legal battles. The denial inches Microsoft one step closer to a daily fine of up to $2.4 million, should it fail to comply with European Commission demands, such as the sharing of communications-protocol information, by February 15th. Also rejected by the EC was a request by Microsoft to gain access to correspondence involving technical experts for its defense, on the basis that "nearly eight weeks should be sufficient for Microsoft to reply."

TrackBack

TrackBack

http://www.microsoft-watch.com/cgi-bin/mte/mt-tb.cgi/5333

Comments (1)

Rick Stockton :

Without even considering the merits of Microsoft's arguments (which were addressed), I have to agree with the EU on the issue of Microsoft's request for more delay. MS is a wealthy firm, quite capable of hiring some lawyers (obviously capable of hiring dozens or hundreds, if necessary) to work with the EU to understand their requirements and try to reach some kind of acceptable agreement. They had 60 days to do so. Even if we leave out the traditional "week when nothing happens", Microsoft had plenty of time to work with the Commission in good faith.------- <p> -------But instead, it seems that Microsoft chose to disrespect the Court and instead "sprung" an announcement of Source Code licensing in the media, just barely before the end of the extension period. (And Microsoft has had LOTS of time since the 2004 initial decision to attempt negotiation.)------- <p> ------- Perhaps MS chose to behave as SCO did a couple of weeks ago ("springing" invalid Deposition requests for the moon and stars on Oracle, Intel, and The Open Group), with the idea of forcing an additional delay by making their proposal for remedy so shortly before the end of the extension. If so, I think it was a bad strategy... after the Judge Jackson versus District Court fiasco, no Judge or Judiciary Commission will let his/her/their feelings endanger their rulings again.------- <p> ------- But maybe, there's simply no room for compromise: Microsoft won't agree to ANY remedy which is acceptable to the Commission, and angering them with more delay-games won't make matters worse for MS. In this case, any gambit to delay the fines might be attractive.

Post a Comment

 
 
RSS Syndication

Advertisement
Advertisement
Microsoft Watch     Contact Us | Advertise | Site Map
Ziff Davis Enterprise