Microsoft rapped over antitrust case

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A US judge scolded Microsoft on Wednesday for devising a marketing plan that would have forced portable-music player makers to package only Windows Media Player with their products.

"It seems to me that at this date, you should not be having something like this occur," US District Judge Colleen Kollar-Kotelly said at a status conference in Washington DC, adding that she found the issue "one of concern".

As previously reported, a recent federal court filing revealed that Microsoft initially drafted a marketing agreement with language indicating that manufacturers that signed on would be barred from supplying software other than the Windows product.

The company took quick steps to fix the agreement and never sent it out to manufacturers, as noted by the filing and US Department of Justice attorneys at Wednesday's conference. An attorney for Microsoft, Charles Rule, said Microsoft regretted the mistake and that "a low-level business person" who was not fully aware of Microsoft's mandate was responsible.

Overall, attorneys on Wednesday said they were pleased with Microsoft's progress in complying with a consent decree the company entered into with the Bush administration in 2002 to settle a long-running antitrust suit.

Besides the music player document, much of the conference centred on one "bone of contention," in the words of attorney Stephen Houck, who was representing the group of California plaintiffs. Microsoft is "way off schedule" on one piece of its plan to provide more accurate and complete technical documentation to developers who licence its communication protocol, Houck said.

That piece, known as "Troika", is an automated system designed to validate the accuracy of the technical documentation by comparing it to actual network traffic, according to Microsoft. The software giant originally projected a February 2006 completion date but said it underestimated the complexity and staffing levels involved. It now doesn't expect to wrap up the project until at least October 2006.

The news drew disapproval from Kollar-Kotelly, who said she wanted the project to be a priority, even if it meant hiring more people to do the job.

Rule assured the judge that Microsoft was making the project a top priority. "Nearly 9,600 pages of highly detailed documentation are available to licensees currently," he said, adding later, "No one has told us... that they have been unable to use the technical documentation."

Federal prosecutors said they plan to discuss the matter with Microsoft representatives in a meeting at the company's headquarters early next month. Kollar-Kotelly called for a report from federal prosecutors on the status of the project by 18 November and set 30 November to discuss the findings in court.

Talkback

Bark, bark and no bite usually leads to the (under)dog getting ignored or even stepped upon.
Makes one wonder what the (under)dog in question is supposed to protect/prevent versus how effective it is in that in reality.

via Facebook 27 October, 2005 22:38
Reply

Documentation is still unavailable to competitors, and that's what the case is about. MS attorney Charles Rule said, "Nearly 9,600 pages of highly detailed documentation are available to licensees currently" Quantity is not a substitute for quality or relevance. And licensees are not necessarily the people needing the documentation. Let's hear from the competitors about whether they have what they need to work with the APIs from MS.

Please let's not have Yet Another fluff piece on MS

via Facebook 28 October, 2005 10:33
Reply

The whole:
"Microsoft regretted the mistake and that "a low-level business person" who was not fully aware of Microsoft's mandate was responsible."

I don't buy that for a second!!! ...
It is Microsoft's ARMY of lawyers who write EVERY contract, NOT internal Microsoft staff!
There's not even a 0.0000000001% chance that the lawyer who DID write the contract - had no idea that Microsoft had restrictions against it from authoring exclusionary contracts.

Who lets newbies/interns write contracts?
If you let a NO-ONE in your company draft/create a contract and pass it to your customers WITHOUT having someone in a higher-up position at least LOOK OVER the contract, then you got much bigger problems than you realize!!!

I'm absolutely certain beyond any doubt that Microsoft did this deliberately. And had no-one complained they would have kept it worded as such, and quite readily used and enforced the exclusionary rules worded in it.

via Facebook 28 October, 2005 20:44
Reply

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