14 DAY TRIAL // Turning a private issue into a public debacle in order to get sympathy has never been Microsoft's strong point, but it might win an Oscar for its latest performance. Working against the deadline of February 15th, Microsoft must explain to the public why it has done everything the European Commission wanted and more.
The Commission said during the weekend that several companies had also "ex-pressed their concerns concerning Microsoft's Vista operating system," the successor to the software giant's current XP OS. Microsoft General Counsel Brad Smith outlined the proposal to reporters last month even though it will not submit a formal, detailed version to the Commission until this week.
Alec Burnside of law firm Linklaters, which has done some work for Microsoft said, "By choosing to pursue a policy favoring more transparency by itself and by the Commission, Microsoft may have found a motherhood-and-apple-pie issue that will find favor with most people."
By Wednesday, Microsoft must let the European Commission know whether it wants a confidential administrative hearing on the possible new daily fine. The commission hearing officers are independent and report their views directly to the Competition Commissioner. They also order all parties involved to keep silent about the hearings, yet no sanctions truly exist. At the hearing before the Court of First Instance (CFI) in April, nearly everything of what's been discussed behind closed doors will make itself public. If Microsoft chooses the administrative hearing, it could give them direct reporter sympathy since they'd be able to tell their story to any reporter with a microphone and a Notepad. Since reporters would not be allowed to view the administrative hearings, Microsoft could use them as an advantage by only telling them their side of the story. Although this voices their displeasures, it could, and most likely would create more friction between Microsoft and the Commission.