The European Union request for Microsoft to share source code with third parties has drawn a second appeal from Redmond.
Microsoft had agreed under a tight June deadline to allow third party developers to have access to significant parts of the Windows source code. That access would permit those developers to better create applications with Windows operability. After a few tense days, the EU accepted Microsoft’s proposal and did not hit it with financial sanctions.
Now, Microsoft wants to push the EU Court of First Instance into a bit of a quicker pace than its current glacial movement on the case. An AP article notes how Microsoft has taken a step toward getting the issue resolved sooner rather than later. This statement from Microsoft spokesman Tom Brookes appeared in the report:
“Microsoft has filed an application for annulment with the Court of First Instance specifically concerning the issue of broad licenses in source code form of communications protocols which are based upon Microsoft’s intellectual property,” he said.
“We are taking this step so the court can begin its review now of this issue, given its far-reaching implications for the protection of our intellectual property rights around the world.”
The protocols in question could be shared with third parties if they do not represent “innovative” technology. An EU spokesperson repeated the Commission’s view that interoperability was not sufficient cause to protect them.
Microsoft faces a $620 million fine for what the EU deemed anti-trust actions. The company now must sell a version of Windows in the EU that does not ship with the Windows Media Player. While Microsoft has begun selling Windows XP without WMP, and could afford to pay the fine, they have dug in hard against calls to open up what they consider proprietary protocols to open source developers.
David Utter is a staff writer for Murdok covering technology and business. Email him here.
