"We think this has gone far enough," says Carlo Piana, who represents the Free Software Foundation Europe (FSFE) in front of European Court. "Waiting for Microsoft to come up with terms that reinstate competition seems a complete waste of time. We have therefore begun working on terms that would implement what the European Commission sought to achieve with its ruling and what the European Court upheld."
"The Samba team has over 12 years of experience of working to interoperate with Microsoft software. We have worked for many years in the area of Workgroup server software," Jeremy Allison of the Samba Team explains. "We know exactly what information is needed to at least restore the possibility of competition. So we will put that experience to good use in helping the European Commission."
"Microsoft has behaved much like unruly children who throw themselves to the ground and have to be dragged along every step of the way," Georg Greve, president of FSFE says. "Since Microsoft seems unwilling to get up and walk, we will help the Commission to bring Microsoft to its feet and move towards reestablishing competition. If they keep dragging their feet, the Commission should end this unworthy spectacle and ultimately fine Microsoft with 5% of the net turnover per day of the relvant market for each day they are not in compliance."
The European Union antitrust case has been going on for years now. All the time, Microsoft has been dragging its feet, seeking to block and slow down the European Commission investigation and restoration of competition at each and every turn.
And even after receiving a fine by the Commission that broke all records, Microsoft spent several times that sum to solicit supporters away from the European Commission while appealing at the European Court to avoid giving competitors the information needed to achieve interoperability.
The European Court was not fooled by these tactics and ordered Microsoft to comply with the terms of the European Commission immediately. In response to this, Microsoft offered a licensing agreement that was designed to create further obstacles for competition.
The European Commission has now recognized this officially, again asking Microsoft to please allow competition. Over the past years, the European Commission has indeed shown an almost unbelievable amount of patience with Microsoft, a fact the software giant has overabused.
Now it will be time for the Commission to actively ask Microsoft to implement remedies and terms that will be able to restore competition. Failure to implement them and further delays should not continue at the expense of the European economic region.
The European Commission should set a final deadline for Microsoft to comply with its ruling and the European Court decision. If Microsoft keeps playing for time, the Commission should impose the maximum possible fine of 5% of the net turnover per day of delayed compliance on the relevant market.
"Microsoft has abused the patience of Europe for years now," Georg Greve concludes. "They should come into compliance or compensate for the damage they cause. Given their behaviour during the past years and their extraordinarily deep pockets, to which Europe contributed no little amount, 5% seems indeed adequate."
About the Free Software Foundation Europe:
The Free Software Foundation Europe (FSFE) is a charitable non-governmental organisation dedicated to all aspects of Free Software in Europe. Access to software determines who may participate in a digital society. Therefore the Freedoms to use, copy, modify and redistribute software - as described in the Free Software definition- allow equal participation in the information age. Creating awareness for these issues, securing Free Software politically and legally, and giving people Freedom by supporting development of Free Software are central issues of the FSFE. The FSFE was founded in 2001 as the European sister organisation of the Free Software Foundation in the United States.
Further information: http://www.fsfeurope.org
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