Bad news for Microsoft?

The European Court of First Instance ruled on 17 September 2007 that Microsoft had lost it’s challenge to the bulk of the judgements in the 2004 European Commission ruling. Judge Bo Verterdorf read out the main points of the nearly 250 page verdict, "The court considers that the Commission was correct to conclude that the work group server operating systems of Microsoft's competitors must be able to interoperate with Windows domain architecture on an equal footing with Windows operating systems if they are to be capable of being marketed viably.” The court went on to further uphold the original judgement which ordered that Microsoft allow computer retailers choice on whether or not to include Windows Media Player – Microsoft’s software offering which allows users to view video and audio files.

Perhaps there is a rough parallel from the past familiar to students of history. During the middle ages and extending into the renaissance, latin dominated as the scholarly language in Europe. It could be argued that this was to good effect, as academics from any country had a shared language in which they could communicate. Today, computers and all that they have made possible can be metaphorically seen as being our modern equivalent of latin. Similarly they enable the sharing of information between culturally and geographically distant groups. The idea that one company should in effect be permitted to ‘own’ outright the methods through which we share and communicate ideas is outrageous. Companies, by their nature, are not agencies which are responsible for creating a better world. They may, through their actions end up doing so – however, their responsibilities essentially reside in the activity of producing shareholder value. While Microsoft can be commended in it’s innovation and marketing of Windows, providing greater ease of use to millions worldwide, it cannot be allowed to have a monopoly on the medium of computer communication.

To be fair, other companies have come under scrutiny as well. Google, some would argue, may be next as it has attracted attention on the issue of privacy rights in it’s retention of user’s search data. Apple as well, has business practices such as preventing purchases from it’s iTunes shop being played on any device other than an iPod.

The September 17th court ruling underlines the fact that all companies, especially giants such as Microsoft, are subject to scrutiny of their activities and will be penalised for actions which harm the industry and the medium.

For more information

Original 2004 European Commission Judgement
http://europa.eu/rapid/pressReleases

Microsoft response to 2007 failed appeal
http://www.microsoft.com/