Microsoft EU Decision Protects OSS Projects From Suits

rfc1394 writes "An article in Australia's IT News mentions that under its antitrust agreement with the European Union, 'Microsoft will publish an irrevocable pledge not to assert any patents it may have over the interoperability information against non-commercial open source software development projects.' Essentially, in addition to getting them to comply with the anti-trust decision, the EU has forced Microsoft to back off of its saber-rattling when it comes to EU open source projects. That protection in no way extends to US projects, of course."

Re:you gotta love eu bureaucrats

[Dogtanian]

only eu bureaucrats could pull such 2 stunts in just one gig. when a bureaucracy works, it really shines.

Well, perhaps. But also remember that it was the faceless, unelected, bureaucratic EU Commission that tried to use its power to force software patents (in their original form) through the European Parliament a couple of years back.

Re:you gotta love eu bureaucrats

[Daimanta]

And failed. If all goes well, the system apparently works.

Re:non-commercial only

[BiggerIsBetter]

Non-commercial development, not non-commercial use.

Re:Three... Two... One..

[Zonk (troll)]

Whats the EU equivalent of Sourceforge? =D

BerliOS [berlios.de].

Re:you gotta love eu bureaucrats

[Anonymous Coward]

But also remember that it was the faceless, unelected, bureaucratic EU Commission that tried to use its power to force software patents (in their original form) through the European Parliament

I wouldn't say faceless, it was Charlie McCreevy [ip-watch.org] who was behind the patent 'reforms'. I won't dispute the rest of your assertions though. :)

Re:Well at least...

[Anspen]

While the computing work is indeed overwhelmingly done in the US, the EU (especially Germany) is actually better at keeping the (non defense) manufacturing side of things.

Re:EU and software patents?

[Iloinen Lohikrme]

Actually EU doesn't have anything to do with patents right now. A few years down ago EU Commission tried to bring legislation that would have introduced EU wide harmonization of patents and brought unified judicial system. As the European Parliament didn't accept the directive, the attempted legislation was withdrawn. More about the subject. [wikipedia.org]

How ever there is European Patent Organization [wikipedia.org] which works by the power of European Patent Convention. EPO is fully independent organization and isn't part of EU. EPO actually is the only organization in Europe causing real grief in regards of patents. They award software patents even if they don't have any power to do so. Many big corporations and also smaller companies have applied basically pure software patents from EPO. How ever as the EPO really doesn't have power to award these kind of patents, the situation is that those patents are more or less worthless. They also will stay worthless even if EU would make software patents legal as those patents were filed and awarded before they were legal.

In my company we have talked and researched the software patent issue some what. My own point of view is that software patents are worthless and as long as the member state we operate doesn't allow software patents, we don't have any reason to worry. I really do hope that this situation will stay the same as the business of software company is to make software and solve customers problems, not pay big fat checks to lawyers.

Re:you gotta love eu bureaucrats

[rts008]

"In short, the right decision was made in spite of (and not because of) the European Commission."

As happens all too infrequently in the USA now days. *sigh* It used to be at least a LITTLE better here (USA), but , sadly not so much anymore.

Not trying to 'put words in your mouth' or imply this was your point; I own up to this one as my own thoughts. Your comment just triggered my thoughts and reply.

But I also agree with your point...as seen over the internet news and my rare foraging on network TV from my place. (Oklahoma, USA)

My only experience with what is now the EU was back in 1978 to 1980, mostly in Berlin. We had time to travel around- it was great! Hated both Paris and Rome, but about everywhere else I went was a great experience.
I really liked the U.K., the Prague, Switzerland, and Amsterdam. ( don't really remember GETTING to Amsterdam though!...)

Re:They can still go after end users and distribut

[trifish]

I believe your analysis wrong, due to unfortunate wording. I think there's ellipsis in the sentence.

Therefore: "commercial software distributors and end users."

Might read: "commercial software distributors and [commercial software] end users."

Re:you gotta love eu bureaucrats

[Teun]

Well, perhaps. But also remember that it was the faceless, unelected, bureaucratic EU Commission

Though I agree with the gist of you comment I have to point out the Commission is supposed to be bureaucratic precisely because they are unelected (at least not directly).
The commission members are appointed by the democratically elected governments of the individual EU member states and as such have to answer to the voters in their respective home countries.
Further I do not consider the commission member faceless, maybe because I actively follow European politics instead of only reading about it in nationalistic (British) trash publications.
It is well publicised this particular issue was dealt with between commissioner Neelie Kroes [europa.eu] and a Mr. Balmer of Microsoft.

Just a pity some member states send guys like Charlie McCreevy [europa.eu] and don't keep him in check.
On the other hand, Microsoft and other large IT companies have over the last ten or so years invested quite a bit in Ireland and were probably expecting a pay back.