[plug] EU Decision final.

[garry]

I wonder if this means that the Samba project can licence the 
information for the one-off fee of E$10,000.. Plus a percentage of zero 
of course.. 8^)

Wouldn't take long to raise the 10,000 if that is the case..

====================


from: 
http://www.channelregister.co.uk/2007/10/22/microsoft_europe_agreement/

Microsoft has finally blinked in its three-year stare-out contest with 
the European Commission. Today the firm said it would not launch another 
appeal against the landmark €497m anti-trust fine slapped on it in 2004.

The vanquished vendor will not attempt to overturn the European Court of 
First Instance's September verdict 
<http://www.theregister.co.uk/2007/09/19/microsoft_ec_roundup/>. It'll 
now have to open up access to APIs to let other developers, including 
open sourcers, interoperate with Windows servers.

In a press conference in Brussels today, European Competition 
Commissioner "Steely" Neelie Kroes said: "I have been in almost daily 
contact with Steve Ballmer over the last two or three weeks. As a result 
of final contacts that took place early this morning, I am now in a 
position to present to you the results of those highly constructive 
conversations.

"I told Microsoft that its royalty rates were too high for the patents 
they claim are applicable to the interoperability information."

As a result, Microsoft has abandoned its attempts to charge an ongoing 
percentage royalty to third parties for licensing interoperability 
information. It'll now levy a one-off charge of €10,000. The royalty on 
related patents will also be slashed from 5.95 per cent to 0.4 per cent.

Microsoft sent us this reaction:

    At the time the Court of First Instance (CFI) issued its judgment in
    September, Microsoft committed to taking any further steps necessary
    to achieve full compliance with the commission's decision. We have
    undertaken a constructive discussion with the commission and have
    now agreed on those additional steps.

    We will not appeal the CFI's decision to the European Court of
    Justice and will continue to work closely with the commission and
    the industry to ensure a flourishing and competitive environment for
    information technology in Europe and around the world.

Kroes predicted that the agreement would profoundly affect the software 
industry for years to come. "The measures that the commission has 
insisted upon will benefit computer users by bringing competition and 
innovation back to the server market."

Kroes finished her speech with a warning: "[This] sets a precedent with 
regard to Microsoft's future market behaviour in this and other areas. 
Microsoft must bear this in mind."