Microsoft Corp. v Commission of the European Communities
Microsoft have announced that they will not be appealing against the recent CFI decision and European Competition Commissioner Neelie Kroes said in a speech on the 22 nd October “I want to report to you today that Microsoft has finally agreed to comply with its obligations under the 2004 Commission decision, which was upheld last month by the Court of First Instance. The Commissioner went on to confirm that Microsoft would now provide information allowing third party developers of work group server operating systems to develop products that interoperate with the Windows desktop operating system on terms acceptable to the Commission and that Microsoft had slashed patent royalty rates for interoperability information from 5.95% to 0.4% – less than 7% of the royalty originally claimed. The Commissioner also confirmed that there would now be a one of payment for access to secret interoperability information on software developed using licensed information and that Microsoft would make interoperability information available to open source developers and that Microsoft would give legal security to programmers who help to develop open source software and confine its patent disputes to commercial software distributors and end users. The Commissioner added “I told Microsoft that developers who sign licensing agreements with them should have the means to ensure respect for the 2004 decision. Microsoft has now accepted that it must give legally binding guarantees to licensees about the completeness and accuracy of the information it provides and that the licensee can obtain effective remedies, including damages, from the High Court in London. These private enforcement tools come on top of the Commission’s powers and continued vigilance to ensure that Microsoft complies with its obligations in this area as in others” and warned Microsoft that it must continue to comply with the 2004 decision.
See Music Law Updates October 2007