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Microsoft Source Code Still Not Enough for EU?
Posted by
Zonk
on Fri Jan 27, 2006 01:24 PM
from the sticking-it-to-them dept.
from the sticking-it-to-them dept.
wjsteele writes "The BBC is reporting that Microsoft's offer to allow rivals access to its software blueprint may not be enough to prevent European Union action." From the article: "Its offer to open up its software blueprints 'underscored its commitment' to meet the European Commission's demands, Horacio Gutierrez associate general counsel for Microsoft Europe said in a statement. However, Brussels has warned the offer may not go far enough. 'It would be premature to conclude that offering access to source codes would necessarily resolve the problem of compliance," said EU anti-trust spokesman Jonathan Todd.'
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In other words, "no comment" (Score:4, Interesting)
Call me paranoid... (Score:5, Insightful)
Re:Call me paranoid... (Score:4, Insightful)
yeah,, but the diffrence between sco and microsoft... microsoft is a 800lb gorilla with a bit of $$ to play with
I don't think that's a significant difference, because SCO has not lacked the money to fight with. Lawuits are very expensive, but there comes a point where throwing even more money into the fray doesn't make a difference. I think SCO has spent plenty to reach that level.
I also don't think that the injection of proprietary code into OSS is really a big problem. I mean, if SCO's code really *were* in Linux, all SCO would have to do is point out the parts that were copied and they'd be removed and replaced with clean implementations in short order. The problem with SCO is that they're not really complaining about straight up copyright infringement (not in court, anyway), of which there simply doesn't appear to be any. What they're complaining is that (per SCO's twisted notion of reality) IBM's contract with AT&T means that any IBM code that in any way ever touched any AT&T code became subject to the same restrictions that applied under the contract to the AT&T code. JFS is a good example. IBM wrote JFS for OS/2, then ported it to AIX, then ported it to Linux (starting, I believe, from the OS/2 version, not the AIX version, though that doesn't really matter). SCO says that since JFS was added to AIX, which is based on AT&T code, then JFS cannot be published except under the limitations of IBM's license from AT&T. SCO also believes that many "methods and concepts" from Unix were placed into Linux by IBM, whatever that means. To win, they'll have to identify some "methods and concepts" that were not in BSD, were in system V and were not obvious, and then they have to try to prove that the contract actually supports their assertion that IBM is not allowed to lift methods and concepts from system V. Copyright law certainly doesn't say that, so it's going to have to come from the contract.
I don't see how Microsoft could many any sort of similar complaint. I think Microsoft would be forced to argue straight up copyright infringement, which is much simpler to address.
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Source code is nothing (Score:3, Interesting)
And what is the license that will go with it ?
Re:Source code is nothing (Score:4, Interesting)
And then there's the compiler. It is very possible for Microsoft to have hidden essential parts of their source code into their own proprietary compiler so that the source is not compilable by anyone else. See Ken Thompson's "Reflections on Trusting Trust" [acm.org].
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Code is not a Standard (Score:5, Insightful)
A standard should be clear, it should be possible to implement any number of ways, as long as the results are the same. Things outside the boundary of the standard should be undefined, not 'Well, if you compile it this way...'
Furthermore, anyone looking at the code has become contanimated by MS IP, and may be constrained from using their knowlege in the future. Standards, documentation, should not limit what people can do. This was designed to open up MS software, in order to allow competition. Not to lessen competition for MS and provide them with a revenue stream.
Re:Code is not a Standard (Score:4, Informative)
Read: Free Software Foundation Europe: "Microsoft offers poisoned apple" - "Praises premature in hindsight" [fsfeurope.org]
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Misleading (Score:5, Informative)
Upon Microsofts declaration that it selflessly "overfulfilled" the EUs demands someone of the EU stated explicitly that Microsoft has no say in when the demands are fulfilled. The EU has. Right they are.
Someone trying to implement an interface to Microsoft products after seeing Microsoft's "opened up" source-code could face severe legal problems. Heck, even Microsofties are not allowed to even look at free software (be it GPL, MIT or BSD licence).
So I suggest we move along. Nothing interresting to see here... yet.
Re:Misleading (Score:4, Insightful)
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Danger Will Robinson! (Score:5, Insightful)
The behaviour of MS in this matter suggests that they do not have proper documentation. If true then it would explain a lot about the quality of MS products.
Microsoft CANNOT comply (Score:5, Interesting)
Of course, in order to look at Microsoft's source, you'll probably have to sign away your first born and you might as well give up the idea of ever writing any open source implementaton of anything you figure out from looking at that code or you'll be getting a call from Microsoft's lawyers asking you if you'd like to play a nice game of global thermonuclear war.
Misleading summary (Score:5, Insightful)
MS offered to license the Windows source code.
MS didn't have offer the source code, and the EU is rightly saying that source code sans documentation may not be enough to make interoperability easy.
It's not that source code "Isn't enough". It's communication protocols that they want, mainly. Not piles of source.
Source Code is not the answer (Score:5, Insightful)
What any developer needs to interoperate with another system is a complete, published, supported interface, which is what the EU ordered Microsoft to deliver. Having the source code to the system may help you to debug your implementation, but in this case it comes at a very stiff cost: exposure to Microsoft's intellectual property. Once a developer looks at that source code, they are contaminated -- Microsoft can come back afterwards and accuse them of taking Microsoft's IP and using it without license. (This applies to commercial developers as well as FOSS developers, but the risk is higher for FOSS).
PJ has a much longer explanation of this over on Groklaw [groklaw.net].
It is not about the source code (Score:5, Insightful)
Let's review the game plan. The EU has (rightly) condemned Microsoft of illegal monopoly practices and is attempting to force Microsoft to behave in a way that creates a more level playing field. This is not about EU vs. US; Microsoft has also been convicted of monopolist behaviour in the US, only it's managed to avoid any penalties for that.
Now, the EU is asking for Microsoft to stop working to create barriers to interoperability. This is a valid approach. Microsoft can make whatever software it likes but it cannot deliberately break interoperability. In case you're wondering why this matters, it's thanks to interoperability that the Internet even exists. Microsoft would like to make products like Samba useless.
It is trying to inject software patents into the picture, by claiming that its standards are "patented". Thus, any open source implementation would infringe.
As an alternative, Microsoft suggests that people can license its source code. Note that this is something MS has been offering to random partners for years, so it's hardly a new step. When asked what the price and conditions for such a license would be, Microsoft said, "we are willing to negotiate".
In other words, Microsoft has not budged an inch and is instead preparing the ground for patenting its interfaces in the EU.
Now we come to the crux of the matter: Microsoft, far from making any concession with respect to the anti-trust accusations, is instead laying the groundwork for an attack on open source competition! This is so blatant and so hostile to the interests of the market that it's quite amazing the Commission is still talking to them, instead of simply levying an appropriate fine.
Open standards are vital to competition, and Microsoft's attempts to quash competition by placing patent bombs into its interfaces, while happily exploiting every other standard on the market, deserve all the abuse they get.
An Analogy (Score:5, Insightful)
Of course it's not enough (Score:5, Interesting)
The EU asked Microsoft to release documentation of their protocols. What MS offers is to license their source to people already using MS products.
But that's not what the EU asked for or what the EU wants.
Even worse, if MS licensed their source to a competitor and that competitor produces a product using some of the protocols used in Windows, MS could sue them for copyright violation.
But it's a clever idea of MS nonetheless, IMHO. Luckily the EU didn't fall for it.
Stand and deliver (Score:4, Insightful)
It's all a game. Microsoft don't want to comply if they can avoid it, because they see interoperability as bad for their business. We know that; they know that; and they know we know that. Hence this little charade with thousands of documents and byzantine and no doubt extremely expensive "peak at our code" procedures. Just my 2 cents, but I hope the EU take a tough stance against this attempt to intimidate and manipulate them.
Re:When... (Score:4, Informative)
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Re:When... (Score:5, Insightful)
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Re:When... (Score:5, Insightful)
Let's see. Um..Microsoft has been convicted of Anti-Trust practices. I.E standing in the way of fair competition and unfairly abusing their monopoly position. So no. Considering that they already have "an unfair advantage" this ruling is intended to help level the playing field. You can't honestly believe that having any one corporate entity hold the keys to a market as vital as IT is a good thing?
Now if this was a judgement passed on some smaller, peripheral company then I'd agree with you. But it's not. So I don't.
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Re:Vaporcode (Score:5, Insightful)
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Re:Does anyone else not have a problem with this.. (Score:5, Insightful)
Big picture view, I do believe Microsoft to be a monopoly. I do believe there needs to be some sort of repercussion for it but I think anyone asking them to give up THEIR intellectual property that they have developed is just proving their point... they are the best.
Do you have any idea what the point of anti-trust legislation is? It is to remove an unfair business advantage that allows an inferior product to dominate a market, because there is no ability for the customer to choose the competition. They were never asked to give up their intellectual property. They were asked to document their protocols so developers can compete on even ground for making software that works with Windows (since it is wholly unreasonable to expect everyone to switch away from Windows at the same time). They are offering to license their source code as an alternative, and a poor one at that.
Microsoft is not the devil, they do not stifle innovation and the people and organizations who claim they do are either on the loosing end or are just tyring to get a piece of the pie for themselves.
Internet Explorer holds 90% of the browser market. It is a piece of crap. It is insecure, ancient technology that cannot even properly render the six year old specifications it was originally implemented with. The mere fact that it dominate the market has held back internet standards, tabbed browsing, ad blocking and the Web in general for more than half a decade, despite numerous better alternatives is proof enough. As someone who has done fair bit of Web development I assert that anyone who claims MS is not stifling innovation does not know what they are talking about. That does not even count the dozens of other standards they have intentionally corrupted, or the dozens of companies they have bought out or driven out of business using their monopoly. It is awfully hard to sell a product when everyone is already forced to buy your competitor's. You have to be so much better that people will both go out of their way and find another product and pay for it again. This is called "bundling."
If someone out there was better than Microsoft, we would see that.... look at Firefox... it works WONDERFULLY on Windows XP, and its what I use.
Yep, it sure does. Now, ask yourself why is 90% of the market dominated by its inferior competitor? You do realize what MS is doing is illegal, right? And you don't think they should be punished in some way that might discourage them from doing the same thing in the future? Like with media players and antivirus software and every other market they decide to swallow.
I think the people asking Microsoft to "open up Windows" are just admitting defeat.
Here are a couple of facts for you: Most people will never by a stand alone OS. They will just use what is on their computer. There is basically zero possibility of convincing every business and individual to switch to another OS all at once. As a result of this, there is a need for any product to interoperate with Windows in order to gain market share. Unless their are published, implementable specifications for interoperability, this cannot happen and hence MS will always remain in its monopoly position. No one wants the source code. Everyone needs open API's, protocols, and formats. MS was ordered to provide some of the APIs. They have thus far refused and instead are trying to offer to sell, the right to view the source, with restrictions, for an undisclosed price. This is wholly unacceptable.
Rather than worry about "opening up Windows, or decoupling IE from Windows" isn't it time that people start innovating and competing with Microsoft?
That is the problem. You can't compete against a monopoly that bundles what you make. It is not economically feasible and even superior software you create will not win in the market, like Firefox. That is the whole point of the EU rulings, to try to make it possible to compete on even ground.
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Re:What the EU wants (Score:4, Insightful)
How exactly is Microsoft supposed to make a better product if they aren't allowed to have trade secrets in the form of protocols or proprietary file formats? A better UI? Anyone can copy a program's UI, and you don't even need spec documents to do that. Lower cost? How do you figure? Someone can just come along and reimplement whatever Microsoft wrote and sell it for less. Why aren't ALL companies doing business in the EU bound by the same rules? After all, I'm sure there are plenty of products that dominate their particular markets, and that just isn't fair!
How about a better implementation?
Do you think Microsoft should go back to making proprietary MSHTML that only renders properly on IE?
Do you think that Microsoft should make a big push for Exchange to be the primary mail system for the internet (as direct competition for SMTP)?
Do you think Microsoft should produce an SMB v5 that is incompatible with everything else, and then push it as a replacement for FTP and HTTP file transfers?
Proprietary file formats and protocols are not the way of the future, my friend. Look to the state of Massachusetts. Proprietary file formats and protocols are a DISASTER for future generations, as well as unfairly hindering superior products in a competitive environment (monopolist barriers to market entry).
Just because a program can read and write an established format doesn't mean that it is equivalent to all programs that can do so. Take HTML editors; HTML is an established, published, public format.
Do you honestly claim that Front Page, GoLive!, Dreamweaver, and MS Word 97 all produce HTML of similar quality, or end user output of similar quality?
What the fuck happened to competing on features and design? Or even gasp security?
Microsoft products routinely beat out superior implementations because of competitive barriers to entry, primarily in the realm of interoperability. Your right; the MS empire is founded on keeping out competing products.
"Windows ain't done till Wordperfect won't run!" Remember that?
It's all well and good to compete like this; build proprietary sets of software all you like, until you have a monopoly. Monopolists have to play under different rules; both EU and US legal structure enshroud this principle. Once your a monopolist, you can't use the same dirty tricks you used to get there. We do this because monopolist profits are an example of a market that is working inefficently; that's basic economics.
Interoperable products do NOT mean that all products are exactly the same. Is Apache =IIS? Is Firefox=IE? Is MS Word 97=Dreamweaver? Is IBM's Workplaces product the same as OpenOffice.org Writer?
No. Not in the least bit. The fact that you think this is the only way in which Microsoft can differentiate itself suggests to me that the existing "ecology" of Windows software is so badly crippled that you can't even understand what a superior implementation might be.
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Re:The Same thing (Score:4, Insightful)
EU wants open SPECS, not source code for fee. MS completely missed the request.
Can somebody please mod article as TROLL? Poster of this article is obviously using wrong organ to think.
As it was posted sounds like:
Even source code is not enough for EU, they just want to go on all-out-MS-war, while in reality EU only demands freely accessible readable SPECS.
There was request for readable and freely accesible SPECS, not for source code.
1. Specs MS provided at first were not readable.
2. MS decided to provide code for fee under licence which completely obstructs any way to cooperate with most OSS licenses. Original intention EU was demanded for this one sole purpose which levels the playing field between OSS and MS.
p.s. C'mon
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Re:What is the stinking problem? (Score:5, Informative)
Mainly they want full specifications of the protocols and interfaces used in windows by MS, including any "secret" APIs, to be made available on reasonable terms to others. There is also a EUR 500 000 000 fine.
Crippled windows would be of no benefit.
They're not interested in cheap windows directly, but the idea seems that if someone can make "cheap windows" components, they should be able to do so without MS stepping on them (that's what the APIs are for).
Sure, they did. The problem is that the one time fine is only part of their punishment. MS could comply simply by paying EUR 2 million a day forever, but it would be crippling to MS and also not useful in solving the openness problem. Since opening the protocols as the EU is saying is very bad (cheap windows parts) MS does not want to comply. Hence the negotiation going right now.
Maybe you're not getting bitten right now, but proprietary protocols bite whenever you're weak. What are you going to do in a few years if you try to get away from MS apps? I'm getting bitten right now by active directory myself.
I think you really want an OS, a browser, a media player and a text editor. Them coming with the OS is just a convenience, unless it's not the ones you want (like IE) and you cannot remove them. I also like these apps in my machine, but I like a way for me to choose what I want (SUSE and Debian in my case). Anyway, you're using OS X, you're not being precisely locked in. What would you say if you were stuck with outlook and IE?
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