Microsoft has come
under fire from the
European
Commission for failing to meet the obligations laid out in its March 2004
antitrust ruling.
In particular, the EC indicated that Microsoft had not yet complied with its
obligation to disclose complete and accurate interface documentation.
This material would allow non-Microsoft work group servers to achieve full
interoperability with Windows PCs and servers.
Neil Barrett, the monitoring trustee appointed from a shortlist of candidates
proposed by Microsoft, said that Redmond had not met a request from the EC to
review the submitted technical documentation.
Although Barrett acknowledged that Microsoft's submission had improved
slightly, he insisted that "nothing substantial was added" compared to the
previous version, and "the material continues to be incomplete, inaccurate and
unusable".
The EC has also sent Microsoft a report from
Taeus Europe, a
Colorado-based firm that specialises in intellectual property valuation, reverse
engineering, litigation support and expert testimony.
Taeus has analysed the reports from Barrett and has also looked at
Microsoft's documentation. The report describes various parts of the
documentation as "entirely inadequate", "devoted to obsolete functionality" and
"self-contradictory".
Taeus concluded that Microsoft's documentation was written "primarily to
maximise [page count] while minimising useful information".
In addition, both reports point out that Microsoft appears to assume that it
is for users of the documentation to report incorrect, incomplete or inaccurate
information which Microsoft would then correct.
"The response that such 'bugs' in the documentation are unavoidable is
understandable, but to expect that all such subsequent problems will be
encountered and reported by users is not sufficient," said Barrett. "It is
Microsoft's responsibility to present suitable documentation."
Taeus compared this to a car manufacturer responding to a customer complaint
that a car had been delivered without wheels.
"This would be like the manufacturer supplying wheels only to have the next
deficiency come up, namely that the automobile has no engine, and then no
steering wheel, then no brakes, etc," said Barrett.
After a hearing this month, the EC may take other steps to continue the daily
fine until Microsoft complies with the March 2004 decision.
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