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March 4, 2006 9:18 AM PST

Microsoft asks US courts to intervene in EU case

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Software giants asking courts to force rivals to hand over documents in its battle against the European Commission.

The story "Microsoft asks US courts to intervene in EU case" published March 4, 2006 at 9:18 AM is no longer available on CNET News.

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Finally.
by Betty Roper March 4, 2006 10:46 AM PST
I was wondering how long MS was going to let EU bureaucrats bleed them before they started leveraging their resources.
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It Is About Time...
by Captain_Spock March 4, 2006 11:06 AM PST
... that the US companies - IBM , Sun Microsystems, Oracle and Novell stop washing their dirty linnens in the international arena and from all appearances, settle their domestic disputes at home; the United States Jurisdictions should be the final places for the settlements for cases between US companies. It would be a nice thing if a US company wishes to do business under EU's Jurisdictions to move their operations there. For the EU's Kroes who has been reported to have "told Dutch business leaders in The Hague Wednesday. "We will listen to Microsoft and their lawyers and after that we will reach a decision as soon as possible," (as if they are the jury) is reminiscent of the Judge Jackson's role in the case against Microsoft in the US Courts some time ago. With regards to some of the actions of the US companies and the EU Commission itself the court of public opinion and those within the US Jurisdiction - in addition to those in "La Casa de Americas" should now heavily weigh in favour of the Microsoft Corporation.
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Why in the US?
by booboo1243 March 6, 2006 2:06 AM PST
If you want to do business in another country, whether your business resides in that country or not (note: the companies involved all have branches in EU countries), you have to abide by the local laws of those countries.
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Oops! ...
by Captain_Spock March 4, 2006 11:41 AM PST
... my quotation marks for "IBM , Sun Microsystems, Oracle and Novell to give it documents in its battle against the European Commission" my apologies;... and, some kind of "disruptive" game plan/business model - running/drinking/offering Lotus "Kona and Consulting Services (web-based) for IRR, ERR, DCFROR... in "La Casa De Americas" on 95% Plus! As the big lottery games go - You have got to "be in it" to "win it" - The Winner Takes All. Wow! ;-)
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Sounds like Microsoft finally recognizes that....
by Earl Benser March 4, 2006 12:38 PM PST
... it hasn't got any viable rationale left to avoid the EU penalty.
Now, MS is trying to come with anything it can find to counter the
EU claim.

I wonder if MS would have asked the European courts to intervene
in its US antitrust cases?
Reply to this comment
RE
by unknown unknown March 4, 2006 1:14 PM PST
"hasn't got any viable rationale left to avoid the EU penalty."

I think the EU is intent on extracting their fines from Microsoft no matter what Microsoft does, short of open sourcing Windows etc.


"I wonder if MS would have asked the European courts to intervene in its US antitrust cases?"

They certainly could have. They could have tried to get the EU courts to force the EU branches of the companies in question to turn over documents etc. Real Media etc are more than willing to make an end run around the US system, why can't Microsoft do the same to the EU system?
Phew! What A Game...
by Captain_Spock March 4, 2006 2:59 PM PST
... Hugo decides not to finish school as the other kids but spends his time in his father's garage with a ball he purchases... Hugo decides to add certain formulas to the make-up of ball he decides to enter the game of business with and makes more of them which he decides to mass-market and sell. Later on , Hugo and Paul along with Jeff and Mike decides to team-up in the game; but, later fell out. As time went by, Hugo's and Paul's balls which now commands 90% plus market share is now the focus of attention of "Umpires", "Players" "Spectators" from the EU and the Home Town, along with Jeff, Mike, Scotty, Peter and other Local Players who wish to know what Hugo's and Paul's secret formulas and make-up (interoperablity features) contained in the "balls" they play with, market and sell!
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Jealous EU???
by FutureGuy March 5, 2006 11:43 AM PST
EU in simple terms want to do everything it can to break Microsoft. EU has in the past made very clear that it isn?t too happy with the success of US tech companies everyone from MS to Google. EU is already working on its ?own? alternative to Google and now is trying to break MS in favor of its home grown Linux (which is a rip of Unix). To all those bozos other there who can?t see it?s just because they are blinded. What is even more ironic is that its unsuccessful and soon to be extinct US companies that are exploiting this EU hate for successful US companies.

Keep in mind that MS volunteered to OPEN up its communication protocols sources, for those who say that?s not enough I would like to sue Novell because it doesn?t provide enough documentation on Linux?s communication protocols, sure it?s open source but I am too dumb to understand it. I would recommend MS to do just that.
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J.P. Morgan/BankOne/SAP!
by Captain_Spock March 5, 2006 12:15 PM PST
I would like US and other Courts in Latin America and the Caribbean to compel the EU based SAP to O_P_E_N up its S_O_U_R_C_E - C_O_D_E_S in order for indigenous US, Latin American and Caribbean IT companies like IBM and others to play on an "OPEN" playing field with the Germany based SAP! :-(
Inane comment
by booboo1243 March 6, 2006 2:16 AM PST
"EU has in the past made very clear that it isn’t too happy with the success of US tech companies everyone from MS to Google. EU is already working on its “own” alternative to Google"

Proof?

"Linux (which is a rip of Unix)"

So is BSD, which is used as the basis of the Mac OS X operating system, created by (US company) Apple.

"I would like to sue Novell because it doesn’t provide enough documentation on Linux’s communication protocols, sure it’s open source but I am too dumb to understand it."

If you're not a programmer, why would you need that information in the first place? And it wasn't Novell who created that protocol anyway, so why should they provide the documentation for it?
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This is just stupid by M$
by blaisec March 5, 2006 12:07 PM PST
What message is M$ sending to the EU courts here? There is absolutely no need for this, and I bet EU sees this as a slap in the face. I don't see how the US court can overturn the result. M$ should expect more drastic measures from EU!
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If It Is That The EU....
by Captain_Spock March 5, 2006 1:04 PM PST
... is finding itself in a desperate position (in need of $$$ other than from what it hoping to "bully" in order to obtain from a certain US company) with regards to "AIRBUS" as was with the "CONCORDE" then it should say so. Now that the Japanese are planning to show the EU how to operate a successful "CONCORDE" like business; also, with the possibilities of the re-emergence of "supersonic" commercial flights... the EU is perhaps secretly planning to "compete" with the Japanese through the aid of a certain US company's funds! ;-) The next time though, the EU should try outsourcing the manufacturing and testing services to places like the "Indian Sub-Continent" where these operations and services may be more cost effective to be carried out! ;-)
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The EU is Shaking Down Microsoft
by March 5, 2006 8:40 PM PST
Just like so many sorry competitors of Microsoft have done for past ten years. Now the EU wants its take. Should be called the European Mobsters Union, LOL.
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The EU is Shaking Down Microsoft
by March 5, 2006 8:41 PM PST
Just like so many sorry competitors of Microsoft have done for past ten years. Now the EU wants its take. Should be called the European Mobsters Union, LOL.
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It is because they have real democracy in Euro
by free_people March 6, 2006 6:54 AM PST
The reason that European commission is able to impose real sanctions
on Microsoft and make it pay those sanctions is because they have real
democracy in Europe, where the Governments are ran for the benefit of the
majority of the people rather than for the benefit of the WallStreet backed
Big (Media/Military) corporations as is the case in US.

After all people in the USA dont even have Universal Health care.
This means that 40 to 50 Mill Americans, at least, are without health
insurance. Just to put things in perspective how disgusting and anti people
this is, should you get sick in US and spend like 15 days in Hospital, you
could get a bill like $250,000 sent to you. The same Hospital stay in
France, Germany, Austria, etc. would cost you about $5 on average!
In fact more Americans are killed every 2 to 3 days due to lack of health
care than were killed in 911. How are such injustice possible in US, it is
because we dont have real democracy here. Big Media controls what people
see/think, and Big media ranges from TV, to Print, to Radio, to Google/Yahoo/MSN.

So of course the European commission would be the only organization to really
hold MSs feet to the fire and not the US government. Because if it does not, the
people there would vote their governments out of office and replace them with real
choices, like they did in Spain, not like in US where there is no difference between
Democrats or Republicans.
Reply to this comment
And this is the guy...
by Earl Benser March 6, 2006 7:31 AM PST
... who thinks Anoox is something good to champion. That
perspective makes him a universal loser.
What Does The Fact....
by Captain_Spock March 6, 2006 7:43 AM PST
.... that; "people in the USA dont even have Universal Health care. This means that 40 to 50 Mill Americans, at least, are without health
insurance. Just to put things in perspective how disgusting and anti people this is, should you get sick in US and spend like 15 days in Hospital, you
could get a bill like $250,000 sent to you. The same Hospital stay in France, Germany, Austria, etc. would cost you about $5 on average!

In fact more Americans are killed every 2 to 3 days due to lack of health care than were killed in 911. How are such injustice possible in US, it is because we dont have real democracy here..."; got to do with the issue of "interoperability" as is quite apparently in this particular case. Are you still living in the 18th century or something like that; here in the US companies (like the one the EU is apparently hoping to "con"...) have come to understand what US Laws allow them to do - To Patent their "Methods of Doing Business"

http://library.findlaw.com/2000/Oct/24/126568.html

Just how far and low can the "you" and the EU go?
shutup
by jackmanplus March 6, 2006 7:44 AM PST
ya, you have no idea what this is about, or your not even talking about the article so shut your mouth.
View reply
Bravo Europe for taking action
by caudio_roma March 6, 2006 10:34 AM PST
Excellent point made "Free People".

It is high time that European union stands
against the Big us companies trying to control the "eye balls" culture of Europe. Set aside stifling real business competition. We waited too long to take action in regard to Microsoft.
Hopefully finally Eu union will be serious and force this monopoly to open. And hopefully Eu union will realize that Google/Yahoo are even a worst of monopoly than Microsoft is/was, and will take similar action against them.
So my hat off to EU :)

In regard to your other point, America being the
only so called civilized country where its people do not have such a basic thing as universal health care, it is quite amazing and shame. I can tell you no European leader would stand in office one term if they denied its citizen such basic rights/needs. And I agree it is because a few Big media sources in US
control all information, I mean you find the same lies in US on WallStreet Journal as you find on TV (CNN) or Google/Yahoo, unlike here in Italy for example where we have 100s of different publications which have completely
different opion/information.
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