[Fsfe-se] Re: FW: Microsoft - D 2900 - 09.06.2205

Jeremiah Foster jeremiah.foster at gmail.com
Thu Jun 9 17:00:34 CEST 2005


Dear Angel,

    Thank you very much for your response to my previous email.

    While I am heartened that the EU will ensure ongoing compliance by 
Microsoft to EU competition rules, I fear they have already flouted the 
spirit and the letter of the law. While they claim to have made certain 
protocols open, they have prohibited the release of these protocols on 
the basis of software interface. This is clearly outside the terms and 
conditions dictated by the European Court. For example, the Samba 
project allows computers to interoperate with Microsoft computers on a 
network, if they do not have access to the protocols then Microsoft has 
not fulfilled the court's verdict forcing them to share their source code.

    Microsoft's interoperability protocols are the key source code 
elements allowing competition on the network for other operating systems 
- Microsoft must release this source code otherwise they are violating 
the European Court's edict. How will the EU commission work to ensure 
Microsoft's compliance?

Thank you,

Jeremiah Foster
Gothenburg Sweden


Maria-Beatriz.Sanchez-Mateo at cec.eu.int wrote:

>  
>
>      
>               Dear Mr Foster,
>
>         Commissioner Kroes has asked me to respond on her behalf to
>         your e-mail dated 12 May  2005.
>
>         Both the Commissioner and myself take due notice of your
>         concerns regarding Microsoft’s compliance with the Decision
>         that the Commission adopted on 24 March 2004.
>
>         Be assured that the Commission services are monitoring very
>         closely Microsoft’s  compliance with the Commission’s Decision.
>
>         Compliance being an ongoing process, the Commission services
>         will not hesitate to use all instruments available under
>         Council Regulation 1/2003 of 16 December 2002 on the
>         implementation of the rules on competition laid down in
>         Articles 81 and 82 of the Treaty, as Commissioner Kroes has
>         most recently stated in a press release issued on June 6^th
>         2005.^^[1] <#_ftn1>
>
>          
>
>         Yours sincerely,
>
>          
>
>         * ** *
>         * *
>         * *
>
>         *Angel TRADACETE COCERA*
>
>         * *
>
>         EUROPEAN COMMISSION - DG Competition
>
>         Director Directorate C: Information, Communication and Media
>
>         B-1049 Brussels
>
>         ( 02/295.24.62
>
>         Ê 02/295.36.15
>
>         * Angel.Tradacete-Cocera at cec.eu.int
>
>          
>
>
>         ------------------------------------------------------------------------
>
>         ^^[1] <#_ftnref1>       The text of the press release can be
>         found at :
>
>         http://europa.eu.int/rapid/pressReleasesAction.do?reference=IP/05/673&format=HTML&aged=0&language=EN&guiLanguage=en
>         <http://europa.eu.int/rapid/pressReleasesAction.do?reference=IP/05/673&format=HTML&aged=0&language=EN&guiLanguage=en>
>
>          
>



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