CyberTech Rambler

March 27, 2007

Microsoft given time to explain why its licensing program is fair

Filed under: Uncategorized — ctrambler @ 5:58 pm

BusinessWeek is running an article saying that Microsoft is given time to explain why its licensing program is fair.

While BusinessWeek says it is an extension of the deadline, I do not see it as such. While I am sure EU had been privately voicing its concerns about what it believe is “non-innovative” protocol with Microsoft, it only formally tell Microsoft on 1st March. This is the operative date. Asking for a reply on April 3 can be perceived as giving too little time to response. It is rather normal and I will certainly prefer, to give respondent two months to reply.

Its equally wrong to say Microsoft is given a reprieve. If Microsoft still believe EU is unreasonable and go to court, it will not be able to argue that it is not given enough time to study EU’s objections. And if it finally fails all revenue of appeal, it is still not clear whether the period of which it is liable to be fined will exclude this timeframe. It is less likely to be successful in getting the court to agree that the fine should exclude this timeframe if the appeal is dragged on for a long time.

Carrying on my John Carroll bashing which I started this morning, I am going to read tea leaves and says that if Microsoft’s share of the market increased within April 3rd and April 23th, he is going to see it as a vindication that it is the customers that want Microsoft product, and not a result of Microsoft’s monopolistic abuse.

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