US court quashes Microsoft bid for IBM documents in EU case ~ could harm U.S. sovereignty

MarketWatch ^ | 4:49 PM ET Apr 20, 2006 | MarketWatch staff

[Ernest_at_the_Beach]

BRUSSELS (MarketWatch) -- A U.S. court in New York on Thursday quashed a Microsoft Corp. (MSFT) subpoena for International Business Machines Corp.'s (IBM) documents related to the software company's European anti-trust case, Microsoft said Thursday.

Judge Colleen McMahon said Microsoft's subpoena amounted to a "blatant end run" on the European Commission's authority. The judge noted that the Brussels-based regulator strongly opposed Microsoft's request and said enforcing such a subpoena could harm U.S. sovereignty if a foreign court were used to obtain documents in a U.S. proceeding.

Microsoft says the commission is colluding with IBM and other rivals and denying the company a fair chance to review key evidence. The regulator has refused to give Microsoft access to some documents, citing confidentiality concerns and rivals' "fear of retaliation," according to a Boston court ruling earlier this week in which a judge quashed a similar Microsoft request for documents held by Novell Inc. (NOVL).

Last month a U.S. federal court in California rejected Microsoft's request for documents from Oracle Corp. (ORCL) and Sun Microsystems Inc. (SUNW). Microsoft appealed that decision. However, Microsoft decided to withdraw the appeal following the New York court's ruling.

"The writing is clearly on the wall for these actions, and we will not be pursuing them any further," Microsoft spokesman Tom Brookes said.

The four competitors named in the U.S. subpoenas have supported European regulators' finding that Microsoft isn't doing enough to comply with a March 2004 antitrust decision. In that ruling, the European Commission fined Microsoft a record EUR497 million and ordered it to help rivals make their software products mesh with servers running the ubiquitous Windows operating system.

Microsoft now faces further fines of as much as EUR2 million a day for failing to provide adequate guidelines on this so-called "interoperability" issue.

Microsoft argues that it has complied with the regulator's orders, but will make further concessions if necessary. Commission officials and lawyers familiar with the case say Microsoft is unlikely to dissuade Neelie Kroes, the commission's top antitrust official, from levying fines, which will be backdated to Dec. 15.

Microsoft, the commission and rival companies will square off in an E.U. court in Luxembourg next week in Microsoft's appeal of the regulator's March 2004 ruling.

-Contact: 201-938-5400

[rzeznikj at stout]

A call for help it ain't.

I'm smokin you pretty darned good--and with one hand.

It's kind of rude to take the trophy by oneself...

FD--courtesy ping

[Golden Eagle]

MS shill

Already reduced to name calling. Doesn't take long does it.

That's the thing about we who use Linux, OSS, IBM, Novell, etc.. We're able to see the bigger picture...

LOL, you mean you guys like standards defined by places like the U.N., instead of by U.S. corporations. You're probably running on some foreign freeware, right now.

[rzeznikj at stout]

It's an accurate description--especially given your posting history (and especially within the last couple of weeks).

You constantly come on Linux and OSS threads and rip on Linux and OSS for no good reason other than that it hurts Microsoft.

We here on the OSS threads (and I'm sure I can speak for just about everyone here) don't mind reasoned and civil dissent. But when you troll, it disrupts the thread, and for people who want more information on Linux or OSS are driven away and discouraged from seeking help here on FR.

That's what a shill does--goes into a competing group B and tries to promote group A (company, product, etc.) while viciously attacking group B in the process.

If I wanted to resort to name-calling, there are a bunch of choice names and terms I could use. OTOH, I don't resort to low tactics.

Of course, and with all due respect, I don't attack other posters' profile pages or publicly rip on their personal lives, either.

LOL, you mean you guys like standards defined by places like the U.N., instead of by U.S. corporations. You're probably running on some foreign freeware, right now.

No kidding. I run SuSE.

So, it is true you prefer whores to sluts, right?

[Golden Eagle]

Look, grow up and realize all I ever do is expose your constant BS. Google is releasing Linux, Dell is selling Linux on home computers, IBM is switching all their computers to Linux, all the constant lies and now here you are taking the side of foreign governments against a US corporation. I like Apple and Sun just as much as I like Microsoft, great American companies you Linux hounds would just as soon destroy in the end too.

[rzeznikj at stout]

You haven't exposed anything--in fact, you fail to see the plank in your own eye, yet you nitpick about others having specks in their eyes.

Rather, it is I who sits and tries to clean up everything so these threads don't get pulled for being e-violent.

And no, you're no Don Quixote either...

[zeugma]

LOL, you mean you guys like standards defined by places like the U.N., instead of by U.S. corporations. You're probably running on some foreign freeware, right now.

Here we have the resident troll trying to say that running free software means you support the U.N. Yet another pathetic attempt by the troll to slam the fine gentleman who runs this site on free software. 

[FLAMING DEATH]

Yet another of the many questions he refuses to answer...because he can't. It doesn't fit into his limited world view that someone can be vehemently conservative (like JimRob and the rest of us) and still use open-source software.

Heck, if it wasn't for OSS, there might not even be a Freerepublic. From what I understand, this place started out on a shoestring budget anyway.

[kpp_kpp]

it appears fr page are being served up via an apache web server... you may have to reconsider your membership

[Golden Eagle]

Being a user of open source and being a full time pusher of the far left extreme elements of it are entirely different. I myself use Linux on a daily basis, it is practically impossible to work at high levels in this industry and not have to, that does NOT mean I spend every waking moment pushing it on others and defending radical leftists like Richard Stallman like this small group of freepers do.

They seem to think that a software world without borders or limits on who can use what technology is the desired utopia of the future. Absurd, the U.S. is the leader in the development of software technology, and will be for the foreseeable future, despite their efforts to force our companies to turn their intellectual property over to the rest of the world free gratis.

They try to pigeonhole me as a Microsoft supporter, but I'm simply trying to prevent a situation where Microsoft is the only highly profitable software company left. Open source will continue to prey on those that are experimenting the closest with it, like Sun, Oracle, IBM, Novell, not Microsoft. Microsoft is just sitting back like Apple, keeping their standards closed and raking in the dough, watching these open source companies sue or buy out each other till there's not much left.

[rzeznikj at stout]

Excellent Points...

I really should look at adding that to the E.O.T.R.C. (Expanded OSS Troll Report Card)

It might need some reformatting, though ;)

[rzeznikj at stout]

I myself use Linux on a daily basis, it is practically impossible to work at high levels in this industry and not have to

Tuttle, is that you?

...that does NOT mean I spend every waking moment pushing it on others and defending radical leftists like Richard Stallman like this small group of freepers do.

Most of us don't spend every waking moment pushing Linux/OSS down others throats. Rather, most of us here share this interest or hobby (personally or through profession) and enjoy using Linux and/or OSS.

Thus, these threads were originally meant for those Freepers who share an interest in Linux/OSS to get together and discuss matters related to their interest--much like any other group here does (e.g. Singles, the Undead Thread, libertarians, Catholics, pro-Israel, pro-life, etc.).

I'll say it yet again. FSF does NOT equal OSS. There is a subtle difference. Contrary to your warped belief, most everyone here does not support RMS.

They seem to think that a software world without borders or limits on who can use what technology is the desired utopia of the future. Absurd, the U.S. is the leader in the development of software technology, and will be for the foreseeable future, despite their efforts to force our companies to turn their intellectual property over to the rest of the world free gratis.

This is ridiculous propaganda.

Yes, the US does lead development in software (just by sheer numbers from the accountants)--however, there is a lot of development overseas (and even in this country) that isn't accounted for because many programmers make their products on a volunteer level--be it for altruism or just simply being the programmer's hobby.

Most of us don't have a problem with closed-source software--I certainly don't. Rather, we believe that Open-Source software gives end users more options and helps drive innovation--which in turn helps fuel tech development at closed-source companies such as MS. Everyone, including MS, benefits by having open-source alternatives available.

There are also two kinds of free--there's free as in free beer (gratis) and free as in freedom (libre).

We believe in free software--free as in freedom. Software that is libre in philosophy grants users rights instead of restricting or denying them. End users are able to do more, and often are able to improve on the software--thus making the product better for everybody.

Red Hat sells its Enterprise Linux without offering a free copy to download (like SuSE and other Linux distros). It does meet its OSS obligation by enabling the download of raw Red Hat sources (other than strictly proprietary items such as artwork).

It's still free software. It's free as in freedom. That's how CentOS, Scientific Linux (aka FermiLinux), and White Box came about--people were able to customize and improve their product (and put it out).

They try to pigeonhole me as a Microsoft supporter,

Because you are. Continue, O Master Troll...

but I'm simply trying to prevent a situation where Microsoft is the only highly profitable software company left

BS. And you know it. Now back to your regularly-scheduled spew...

Open source will continue to prey on those that are experimenting the closest with it, like Sun, Oracle, IBM, Novell, not Microsoft. Microsoft is just sitting back like Apple, keeping their standards closed and raking in the dough, watching these open source companies sue or buy out each other till there's not much left.

This is absurd. Generally, OSS doesn't require a business model (it can get along just fine without business), whereas most closed source does (you'd need a team of lawyers and legal rights to enforce what you sell--better off forming a company).

What you fail to realize is that it's OSS that's driving the innovation race--that's making MS and Apple their pretty pennies.

[Golden Eagle]

Same old laughable arguments you don't support "RMS" as you call him are hilarious.

As for you latest laughable claim that most of the foreign users of open source are actually contributing back to anyone, read this article out today about open source and the U.N.:

"UNU estimates 70 to 80 percent of open source software use comes from developing countries, only 2 percent of FOSS community developers are from these countries"

http://business.newsforge.com/article.pl?sid=06/03/31/2032201&from=rss

But the U.N. is working hard for you, to get those numbers up, and appreciates your support.

[rzeznikj at stout]

Your article says absolutely nothing to prove your point-as usual.

How about this little tidbit from the same article?

"Krishna says that open source software is valuable and necessary for developing nations. "It is a cheaper way for developing nations that have limited resources to help reduce the digital divide," he says, adding open source also helps countries avoid proprietary monopolies, which remain a threat in developing nations."

Further, you do realize that FR runs using OSS? So, Mr. Robinson and all those who support FR are really supporting the UN?

And if you really believed all this bunk, you would leave FR and never come back--because it uses OSS (therefore in your eyes perpetuating the UN).

[Golden Eagle]

adding open source also helps countries avoid proprietary monopolies, which remain a threat in developing nations means less and less money is coming to America.

Patched

And if you really believed all this bunk, you would leave FR and never come back--because it uses OSS.

Why would I leave, I use open source all the time myself. A dedication to the principles of "Free Software For The World" is different, that's what "RMS" is pushing and you stand up for him every time I point it out.

[rzeznikj at stout]

Patched but as long as MS controls the market

There.

Did you not read post 31?

Name three of us who have actively defended RMS and pull up the exact, unadulterated posts where they've said it.

[Golden Eagle]

but as long as MS controls the market

Nope, I'm endorsing Sun and Apple in the "open source" space, trying to avoid Stallman as much as I can. You guys that admit he's a whacko leftist but still run his software are a joke.

[rzeznikj at stout]

It's not his software. The only one I can think of that he wrote was Emacs.

He may have founded GNU, but there's more than enough people who've worked on the GNU toolsets as well as non-GNU software that runs on a typical Linux system.

Linux does not run on GNU tools alone. Many of the things it uses are GNU, but not all of them are.

His GPL v.2 was adopted by many as an open-source license. But there are other ones such as the BSD license, MIT license, Mozilla license, etc.

And while Linus chose GPL v.2 for his license, he doesn't approve of calling Linux "GNU/Linux..."

[Golden Eagle]

Linux uses Stallman's license, not just the core but most all of it, that's why he's always campaigning to call it "GNU/Linux". One thing he's probably right about. But once you admit he's a moonbat leftie, like you have, you lose all credibility when you keep pimping his product.

[rzeznikj at stout]

That's RMS's propaganda, and something that has annoyed Linus.

He is beyond a moonbat, and we don't support his personal political agenda and the usage of the GPL and the OSS community to achieve his desired ends.

However, just because he founded the FSF doesn't mean that those were his products.

Just like anything that has the GPL or the LGPL for a license isn't necessarily RMS's or the FSF's.

Linus has persistently said that GNU Linux should only be used if GNU and the FSF put out thier own distro.

By the way, I'm still waiting for the three OSS guys who allegedly voiced their support for RMS and the exact, unadulterated posts where they said it.

[Golden Eagle]

You guys defend and/or deny Stallman all the time. Where exactly do you supposedly disagree? Look how you react, whenever something like Stallman and software patents comes up in the discussion. It's a freakshow, obviously.

http://www.freerepublic.com/focus/f-backroom/1618134/posts?page=74#74

http://www.freerepublic.com/focus/f-news/1617688/posts?page=21#21

http://www.freerepublic.com/focus/f-chat/1613849/posts?page=9#9

http://www.freerepublic.com/focus/f-backroom/1612495/posts?page=120#120

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=476#476

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=456#456

http://www.freerepublic.com/focus/f-chat/1599093/posts?page=1127#1127

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=451#451

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=432#432

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=372#372

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=363#363

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=348#348

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=343#343

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=338#338

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=334#334

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=317#317

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=310#310

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=305#305

http://www.freerepublic.com/focus/f-chat/1609606/posts?page=279#279