November 04, 2002
The Register's Take on the Microsoft Decision

The Register is unimpressed by the latest Microsoft decision:


The Register: ...CKK decided that the court should retain jurisdiction over the matter for five years and have the authority to issue orders ensuring compliance with the settlement and to punish infractions, all of which will be eagerly brought to its attention by the MS board.... CKK's insistence that MS open its Windows communications protocols.... The loophole here is the emphasis on Windows as the locus of compatibility and interoperability. If it wanted to wiggle, MS could try to say that IE, for example, is not covered under the requirement; whatever tweaks it's received to make IIS look good don't have to be revealed because it's not Windows. The company had argued in CKK's courtroom, with numerous internal inconsistencies, essentially that IE is Windows (by way of explaining why a modular OS would be impossible), but whether IE will continue to be Windows when a competitor comes knocking for the necessary technical information is another matter altogether....

The schedule for opening certain APIs... virtually any API or communications protocol, or indeed, "any documentation," may be withheld on the pretext that releasing it could endanger security, third-party secrets, or DRM schemes: "No provision of this Final Judgment shall: 1. Require Microsoft to document, disclose or license to third parties: (a) portions of APIs or Documentation or portions or layers of Communications Protocols the disclosure of which would compromise the security of a particular installation or group of installations of anti-piracy, anti-virus, software licensing, digital rights management, encryption or authentication systems, including without limitation, keys, authorization tokens or enforcement criteria..." That pretty much covers anything MS doesn't feel like disclosing...

Posted by DeLong at November 04, 2002 08:30 AM | Trackback

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