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the need for a stay as well as the fact that such urgency outweighs the public interest of seeing the penalties imposed. Only points of law can be appealed.
In its ruling, the court said Microsoft had not demonstrated the necessary urgency: "After examining the circumstances of the case, the President finds that Microsoft has not shown that it might suffer serious and irreparable damage as a result of implementation of the contested decision."
If Microsoft decides to appeal Wednesday's decision, the process could take from three weeks to a couple of months, depending on the complexity of the case, European legal experts said.
"I would advise Microsoft to appeal if I was representing them. There is no downside. There may be a chance the upper court will rule differently," said a European antitrust lawyer whose firm is involved in the case.
The European Commission statement said it does not expect that Wednesday's ruling would be put on hold if Microsoft appeals it to the president of the European Court of Justice.
"The Commission is not aware of any precedent where the president of the ECJ has suspended the operation of a Commission decision pending his own assessment of an order of the president of the CFI already rejecting the request for suspension," the Commission said. "It is also not the Commission's practice to suspend on its own motion the enforcement of a decision in circumstances of this type, where the president of the CFI has already concluded that there is no need for suspension."
An appeal of Wednesday's ruling would be dealt with long before the Microsoft appeal on the antitrust ruling goes before a judge, which could take up to a couple of years, European legal experts said. During that time, legal and industry experts noted, much could change in the technology world.
The Association for Competitive Technology, a trade group that has sided with Microsoft in the case, criticized the ruling, saying it will harm consumers and small software developers.
"While intended to constrain Microsoft, the Commission's sanctions will impose billions of dollars in new costs on small software developers and consumers and threaten the future of innovation," ACT president Jonathan Zuck said in a statement.
Likewise, Hugo Lueders, European director of public policy for the Computing Technology Industry Association (CompTIA), which was an official third-party intervener in the case, warned that the ruling could have a chilling effect on intellectual-property development.
"Allowing competitors to use information that they did not create will create an unhealthy precedent and blunt incentives for all companies to develop intellectual property in the first place," Lueders said in a statement.
He added that "the ruling sends a message to the industry that intense competition will be penalized, not rewarded. This 'level the playing field' approach to competition policy does not promote risk taking, nor encourage growth in the IT industry in the EC and around the globe."
CNET News.com's Margaret Kane and Mike Ricciuti contributed to this report.
installing Windows without the media player. Again, it is an issue
of how Microsoft is trying to pull wool over everyone's eyes by
saying that the media player is an integral portion of the OS.
Remember, like they said that removing Internet Explorer would
make the user experience in Windows much, much worse. Oh
really? What about the scores of alternative browsers (that work
better and more securely, by the way)?
Microsoft is trying to control or at least be the Big fish in
everything digital. And based on their track record as a software
developer, they can only do this by leveraging their monopoly
over the OS market, because the quality of their software leaves
something to be desired.
Etc. Ad nauseam.
What really bothers me, is that the companies who are complaining are US-based companies. They brought forward their arguments in a US court and lost. Their strategy was to do the same thing again overseas in hopes of a different outcome. The EU is having a hard time explaining why they are revisiting complaints that have already been resolved.
And another thing... If bundling MediaPlayer is anti-competitive and destructive to the industry, then why did nobody say anything when MediaPlayer came bundled with Windows 3.1??? And every version of Windows since then? Bundling MediaPlayer is not a new anti-competitive behavior, it is an established part of an existing product. But a failing company will do anything to damage their competitors. The benefits of this ruling are insignificant. The goal is clearly to hurt Microsoft regardless of the impact to the market. Lashing out in revenge is not a solution or a fix to any market problems.
nontheless. While I only use Windoze boxes as door stops at my
house due to these kinds of connivances, it's good to see the
pig-minded take a fall. Here's to Europe. They are smarter on
the other side of the pond. The US screw job needs a few more
set backs. Get ready here they come.
As far as the "Windoze" comment get a life you trolling zealot and try next time to contribute something worth while instead of your pre-packaged anti-Microsoft sensationalist babble.
1) This lawsuit was filed by ORACLE, and Real Player. I can understand why Real would want to sue, but why Oracle? Since when was a Media player program a database? It doesn't take a genius to see the egotistical forces at play here coming from Larry Ellison.
2) The EU has been becoming more and more brazen in its disregard for the Trans-Atlantic agreements they agreed to abide by. The current agreement between the US and the EU is that one will defer the ruling of one's own company to their own respective jurisdictions, and abide by their judgements. This certainly has NOT been the case.
3) The EU rulings are NOT meant to enhance competition, but rather EUROPEAN competition. The scuttling of the Boeing merger. And now the ruling against Microsoft - all are CONSISTENT negative judgements made against non-EU member companies. All the while, larger non-competitive EU-Based mergers are allowed to proceed. Coincidental?
4) Despite everyone's complaints, bundling is a fact of life - and a natural progression to any product engineered and produced by humans. If we unbundled everything, then I would be forced to:
a) Buy a separate memory manager for my OS
b) Buy a browser for my OS
c) Buy a disk defragmentation software
d) Buy a media player to listen to music
e) Buy a GUI interface
f) Buy an "improved" kernel that multi-threads
Let's get real here folks, it's called PRODUCT IMPROVEMENT. Without it, EVERYTHING will be more expensive! If we were to follow this flawed logic, we should also sue:
a) Car manufacturers for "bundling" airbags
b) TV manufacturers for video improvements
c) Semiconductor companies for integratation
d) Our government for bundling "services" and taxing us extra for them.
If the EU had any technical sense, they would have concentrated on the real technical issue: unbundling the browser from the OS (like the DOJ case) - because that is where the majority of the OS vulnerabilities are coming from! Not the darned media player!
By going after the wrong fish, and listening to "compatitors" like Larry Elisson (who are not the least bit competing against MS), the EU has demonstrated an uncanniny ability to miss the BIG picture.
I don't know about you, but I really don't like the idea of the EU deciding what I WANT in THE PRODUCTS I BUY in the United States.
The myriad of sensless government regulations are bad enough in the US, I don't need the EU butting in with what they beleive to be right in the global market.
To date, the US government has done a terrible job of representing their constituents - both on a consumer level AND on the corporate level. It's time for the government officials to stop bickering with each other over menial "ideologies" - and START DOING THEIR JOBS.
And for those of you who think that this EU "victory" is any real or meaningful one, think again on the issues I have mentioned earlier. The DOJ DID go after the right issues with MS, and did get a good settlement. The EU, on the other hand, is continually focusing on the wrong things, with thier own interests in mind.
Maybe "unbundling" isn't the key in the sense of not including the software at all, but how about at least making the software optional to install? You know, like cars have options. You aren't forced into a specific engine or transmission, you know.
And why go after TV manufacturers for improved video technology? TVs are specifically for video. Computers are not specifically for media, you know!
If a US company wants a presence in the EU, then they have to follow the EU laws.
Sounds logical to me.
MS has violated the EU laws, so they are being punished for that.
M$ has also violated the US laws (they are also a convicted monopolist in the US), but no-one over there had the ba*** to do anything.
The settlement has only been good for M$, and didn't change their behaviour one bit. (e.g. iTunes stops working after an update to XP SP2...)
I hope that all Microsoft does is remove the interface, not it all... On the other hand, maybe they should remove it all and show that while it is easy to set up a demonstrator, it is a complete different story to get people to be prepered to buy a crippled WinXP.
www.SinnerComputing.com
If MS would have properly created its software, it would have saved itself a ton of grief and money. A lot of the bugs and vulnerabilities can be laid at the feet of this misguided decision. It also would have saved them a ton of legal expenses. Take that, along with their clearly greedy and illegal arm twisting of OEM computer manufactures and MS would not be nearly as hated.
They also would not be a huge as they are, which is all the care about. They don't care how well their software performs or whether computer users are happy, they care about power and domination. They did not get to where they are at through superior software design, but rather through tactics that would make any mobster teary eyed.
Let's separate Hardware from Software :)
Hardware:
"Connecting Computer Parts"
Software:
WMP, IE, Windows, everything related here.
Andrew knows what he is talking about, and I can back him up, being a programming student myself. If you cannot add anything worthwhile, please don't bother.
Windows users are basically constantly under attack by 3rd part software vendors. If I were Microsoft I'd be writing free replacements for everything and giving it out with Windows.
As for server, since when did Microsoft have a monopoly in the server market? Maybe Red Hat should no longer be able to bundle Apache httpd.
"... US-based companies. They brought forward their arguments in a US court and lost"
First, for those people who are grotesquely-ignorant, Microsoft actually LOST EVERY major-portion of the "U.S. Anti-trust case" (EVERY court that heard the case found AGAINST Microsoft. EVERY appeal was denied, ...all the way to the U.S. Supreme-Court).
Microsoft's strategy then became (and still is) to simply mis-use every available 'legal-delaying tactic', and 'political-manipulation', until much of the case no longer seems to matter. And now, even the very U.S. courts that initially approved "...the MS settlement", have begun stating that it HAS FAILED to meet ANY of the three elements of such a resolution (...It failed to actually redress the action, ...it failed to deny the 'fruits' of the 'wrong-doing' to the perpetrator, and finally, ...the settlement" FAILED, in any way, to repair the damage caused to the market-place).
"... MS isn't forcing anyone to use IE or the media player"
Actually, YES, Microsoft is forcing everyone to use their "middleware", by intentionally integrating their 'applications' directly into the 'OS', they (Microsoft) have made it virtually impossible to use "Windows", in any capacity, without using THEIR 'applications' (the most that Microsoft has EVER done, ...was to superficially 'hide' a few of their products from being prominently displayed in the main user-interface).
"... If Windows Media Player is such a ball of crap, then what do you care if they bundle it?"
Because, if Microsoft controls 95% of the PC-OS market, ...due to 'unfair trade practices', (which WAS the official finding of BOTH the U.S. AND European Anti-trust cases) ...Microsoft is thereby in a position to IMPOSE "Microsoft PROPRIETARY Standards" for Microsoft's sole-benefit, ...whether the "marketplace" truly wants it, or not (and, this IS, in fact, EXACTLY what Microsoft HAS been REPEATEDLY caught DOING FOR DECADES).
"... And have IE installed hinders using an alternative browser how?"
Well, for starters, how about the number of SERIOUS SECURITY-HOLES that, thanks to "IE's integration into "Windows", are now SYSTEM-WIDE SECURITY-HOLES, that DIRECTLY effect EVERY APPLICATION (including non-Microsoft alternatives)?
Not to mention, Microsoft's well-PROVEN policy of keeping certain 'API' functions intentionally arcane, and secret, for the sole purpose of causing GRIEF to 'competitors'.
And finally, there's Microsoft's disadvantaging competing-products by specifically writing 'OS code', 'applications', and 'protocols' intentionally to "...break competing products" (yes, this was also PROVEN to have been done, ...IN COURT).
"... Removing media player does not create additional opportunities or better products for consumers."
Actually, preventing a CONVICTED-MONOPOLY from dominating another market DOES (by definition) allow greater competition. That is the POINT of 'Anti-Trust Law'.
"... No one is forcing you to use Windows"
So, exactly, ...which part of "...ILLEGALLY-CREATED, and MAINTAINED, MONOPOLY" ...don't you understand..?
Apple was guilty of illegally using the "Apple" name. Does that mean that they also stole the iPod and iTunes names? Sounds silly to me, but it is the same logic that you, and many others, use.
- by SJ-USA August 30, 2009 10:03 AM PDT
- Do the Europeans (regulators?) find that difficult to install a browser or media player of their choice? So, what about those promotions that you get when you buy an electronic gadget. This is not about antitrust, they just don't like non-european corporations to make profits. My guess is that Apple and Google are not far off from similar anti-trust cases.
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