FSFE not inclined to pay legal costs of Microsoft
"No settlement in sight, FSFE ready for battle"
Free Software Foundation Europe (FSFE) casts doubts on the increasing
rumors that Microsoft is willing to settle the antitrust case against
the EC Commission, which is due to come to Court later this week.
"We have not been approached by either party by any accounts. This
seems more like a smoke screen trying to distract from Airbus having
confirmed withdrawal from the case. With the hearing just a few hours
away, we also do not see the possibility to discuss any such proposal
at this stage," Carlo Piana, FSFEs legal counsel to the case,
comments. "Having seen the copious amount of pages of CVs for the
experts that Microsoft intends to bring to court, we are instead
preparing for two days of intense legal battle. We are quite confident
that our comparatively smaller team will give them a hard time and
provide the Commission with a great deal of support, as we have done
so far," Piana concludes.
"We are indeed ready for the battle, but we do hope that others will
stand up to support us in this fight as we are currently financing the
costs of this litigation from our rather limited funds," Georg Greve,
president of the FSFE confirms. "In this regard it should be a rather
interesting encounter: On the one side our small, but highly competent
team, hard-pressed even for the smallest of expenses. On the other
side Microsoft, which hired two of the most prestigious law firms in
Europe with their remarkably expensive lawyers working around the
clock with unlimited funds."
The costs seem indeed expensive since Microsoft with its legendary $49
billion cash reserve applied for the parties siding with the European
Commission to bear their legal costs in case the European Commission
loses the case. At the current stage, the result Microsoft can expect
is something equivalent to an acquittal for want of evidence.
If the other parties, such as FSFE, would then have to pay the cost of
Microsoft, it would be much like the surfer paying dental care to the
shark. "We appreciate the humoresque quality of this demand, but we
are certainly not inclined to give in to it!" Georg Greve concludes.
About the Free Software Foundation Europe
The Free Software Foundation Europe (FSFE) is a charitable
non-governmental organization 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, which was founded in 2001 as the
European sister organization of the Free Software Foundation in the
United States.
Further information: http://www.fsfeurope.org
--
Joachim Jakobs <jj(a)office.fsfeurope.org>
Press Speaker - FSF Europe (http://fsfeurope.org)
In der Roede 24, 64367 Mühltal (Tel: +49-179-6919565)
FSFE: "Microsoft's bugs result in the corporation having a multiple
personality" - "customers should know who they are dealing with!"
Having been plagued by permanent problems with viruses, worms and
other bugs, software-giant Microsoft seems to be developing a multiple
personality. "Microsoft's customers should wonder about the sanity of
their business partner", remarks Joachim Jakobs, Press Speaker for the
Free Software Foundation Europe (FSFE).
Last Wednesday the German business newspaper Handelsblatt reported that
Microsoft tried to stop the Free Software Foundation Europe (FSFE) from
becoming involved as interested party in Microsoft's appeals procedure
against the European Commission at the European Court. Microsoft's
lawyers wrote only one line about the appeal in their two-page letter,
making no formal objection to the process. Only to ramble in great
lengths for the rest of the letter why the FSFE has no reason to be
involved in the case. A spokesperson of the corporation
contradicted these statements when speaking to the Handelsblatt
newspaper by stating that more involved third parties would benefit the
case: the more, the merrier. Whether this sudden change of mind is
somehow related to Microsoft's request that the involved Third Parties
pay their lawyers is not entirely clear.
Jakobs draws a short summary of these apparently contradictory
statements: "It seems somewhat as if Microsoft's left hand did not know
what its right hand was doing. However, this is more like Dr Jekyll and
Mr Hyde, depending on what seems more useful at the time." Either
alternative should make Microsoft's business partners uncomfortable:
they should realise that anything that upholds its monopoly seems fair
to Microsoft. The FSFE suggests that market participants take a view of
this confused policy, which is dangerous to the European economy. It
seems like Microsoft is intent on ignoring the experience from
numerous free software trials worldwide over the past years.
"We would also like to remind all private and corporate users of
software that building and preserving freedom in an information society
is sometimes an expensive undertaking," concedes the president of FSFE,
Georg Greve. Donations to the FSFE [1] will be appreciated.
[1] http://fsfeurope.org/help/donate.html
About the Free Software Foundation Europe
The Free Software Foundation Europe (FSFE) is a charitable
non-governmental organization 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, which was founded in 2001 as the
European sister organization of the Free Software Foundation in the
United States.
Further information: http://www.fsfeurope.org
--
Joachim Jakobs <jj(a)office.fsfeurope.org>
Press Speaker - FSF Europe (http://fsfeurope.org)
In der Roede 24, 64367 Mühltal (Tel: +49-179-6919565)
Dear Prime Minister,
Dear Dr. Balkenende,
The new Commission of the European Union would like to speed up the
"Lisbon"-Process to make Europe the "most competitive knowledge-based
economy by 2010". This is a reasonable aim which is worthy of support by
European citizens. However, the EU is considering legislation which will
have adverse effects on the software market. We - the Free Software
Foundation Europe (FSFE) - would like to call your attention to this
important issue. With your help it may be possible to avoid this problem
before it gets off the ground in the EU.
Software patents are used to hinder competitors software innovation.
This is the sole reason that a virtual waste paper basket is patented,
the incorporation of applications into a website is patented, and or the
ordering of gifts via the internet is patented. These ideas are not very
innovative, but they are necessary to make the whole application run and
be usable by anybody. It is just the same as with a car: To get access
to the real innovations you need to use trivial features such as a
steering wheel.
In the last few weeks we have seen what happens to project management
in business and public administration because of a demanding project,
such as in Munich. A member of the city council feared that the project
might infringe a patent - and the project got into trouble for a whole
week, although software giants IBM are interested in managing this
project because of its international prestige. This was paralleled
worldwide, as similar projects are supposedly threatened as well.
>From now on any introduction of SAP will be in danger. The same way it
might get impossible to implement additional security features to
eliminate a bug in a web server - because there might at any time be
someone who speculates whether the ideas behind the implementation are
"protected" by software patents. For these reasons voices in the US
would like to get rid of the innovation blockade which are "software
patents".
30,000 software patents already exist in the EU; this contradicts the
spirit of the present patent law in the EU. Three quarters of software
patents are held by non-European companies. To give software patents a
legal basis may be a decision which would make the EU far less
competitive. That is why we would like to ask the European Council to
revise its agreement on software patents of May 18th. Instead the
Council should decide to make sure innovation can take place and not be
restricted by software patents in the future.
During the dutch Presidency of the European Union you have the best
opportunity to initiate this revision. In the interest of Europe you
should not hesitate to make this revision.
Yours sincerely
Georg Greve
President
Free Software Foundation Europe (FSFE)
About the Free Software Foundation Europe
The Free Software Foundation Europe (FSFE) is a charitable
non-governmental organization 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, which was founded in 2001 as the
European sister organization of the Free Software Foundation in the
United States.
Further information: http://www.fsfeurope.org
--
Joachim Jakobs <jj(a)office.fsfeurope.org>
Press Speaker - FSF Europe (http://fsfeurope.org)
In der Roede 24, 64367 Mühltal (Tel: +49-179-6919565)
1. Announcing Wilhelm Tux as a new associate organisation
2. Software patents discussion
3. Donating to the FSFE in the United Kingdom
4. Speech at the KDE Community World Summit
1. Announcing Wilhelm Tux as a new associate organisation
Wilhelm Tux, a Swiss organisation for Free Software, has become an
associate organisation of the FSFE. The FSFE now has 9 associate
organisations in 8 different countries. Wilhelm Tux is the first
European associate organisation that resides in a country not being an
EU member state.
2. Software patents discussion
The FSFE has always pointed out that software patents are a big threat
for companies and individuals developing or using software, no matter
whether if it is free or proprietary. Recent software patent discussions
relating to the ongoing migration to Free Software in Munich seemed to
create the wrong impression for some people, namely that the software
patent problem only exists for Free Software, and the FSFE is happy that
it could help to clarify this point.
The FSFE also congratulates Mr. Ude, the mayor of Munich, who is showing
himself to be highly reasonable and competent: He continues the
migration without delays while both evaluating the risks potentially
created and speaking out against introduction of software patents in
Europe.
3. Donating to the FSFE in the United Kingdom
Due to substantial bank fees charged for international money transfers,
small donations or standing orders are too expensive to be send directly
to the Free Software Foundation Europe bank account. To rectify this,
FSFE in July 2004 entered into an agreement with UK based associate
organisation AFFS to collect donations and transfer them in larger
batches.
http://www.fsfeurope.org/help/donate-2004-uk.en.html
4. Speech at the KDE Community World Summit
Bernhard Reiter gave a speech at the KDE User and Administrator
Conference, which was part of the KDE Community World Summit in
Ludwigsburg, Germany. He spoke about social and political aspects of
Free Software.
You can find a list of all FSF Europe newsletters on
http://www.fsfeurope.org/news/newsletter.en.html