The open-source software maker said that it has received papers from Microsoft asking a Dutch court to fine it $123,000 (£67,982) per day for not blocking visitors to its Web site from the Netherlands, Belgium and Luxembourg. The action comes as the companies await a final decision in Microsoft's case against Lindows.
But such blocking could not be foolproof, Lindows argued, saying visitors could get to its Web site using international Internet service providers (ISPs), proxy servers, anonymiser software and other methods that would obscure their origin. The company also said on Friday that it has completely removed its products from those markets.
Microsoft has argued in a number of courts around the world that Lindows, which makes a version of the Linux operating system, has infringed on its Windows trademark. Lindows lost a round when a judge in Amsterdam District Court issued a preliminary injunction barring Lindows from selling or advertising any products under the Lindows name in the Netherlands, Belgium and Luxembourg. Courts in Finland and Sweden have issued similar rulings, while a judge in the United States has repeatedly denied such requests.
Pending settlement of the trademark dispute, Lindows last month said it would do business in the Benelux countries as Lin---s. Now, however, the Lin---s.com site shows only a note saying that visitors from the Netherlands, Belgium and Luxembourg may not access the company's Web site nor purchase its products.
"We have completely withdrawn our products from these markets and put notices on every page of our Web site, yet Microsoft is still asking that the Judge fine us 100,000 euros per day because non-US visitors can view our US-based Web site," Lindows chief executive Michael Robertson said in statement. "Microsoft's actions demonstrate this has nothing to do with protecting their Dutch trademark or confusion in the marketplace, but is simply an attempt to put us out of business."
Talkback
So the convicted monopolists are running true to form. They can't compete on merit, so they sue or steal. With $50 billion in the bank its easy to find a court that will give you the results you want ... eventually. This was the 9th court Microsoft threw money at before their anti-competitive gambit worked. What a disgusting abuse of corporate power. It ties in nicely with the news that it is now officially proven that Microsoft are backing SCOs anti-Linux efforts to the tune (so far) of $100 million. Despearte measures from an outfilt who's shoddy, virus infested software in startting to be seen for the expensive liability it is.
Go Lindows!!!
As a member of the EEC I understood that I had a right to a private life. This means that I have the choice to associate with whom I choose - so long as I am not commiting a crime. How then, can an American Company instigate a ruling from an American Court that I cannot visit a website of my choice - assuming that I am living part-time in Belgium? How would the American people feel if a Judge in any part of the EEC passed a ruling that anyone in the USA cannot have access to a particular website? I thought the USA had enough problems with September 11, Bagdad, etc,. and would not wish to be seen as an instigator of an act that clearly is going to make people in the EEC steer clear of any products made in the USA, including tourism. Why would anyone in the EEC patronize a country that attempts to decide what freedoms we can or cannot exercise over here? I suggest that Mr Gates and the USA Courts think very carefully about telling people in other countries what they can and cannot do. A certain Mr A. Hitler tried to impose his will on this country, and others, and very quickly found that it was not a wise decision. What is it that America once boasted? The land of the free...?