14 DAY TRIAL // It seems as though money is one of the greatest motivators. Announced that it would be charged $2.38 million a day in fines, Microsoft has answered the European Union's complaints on Wednesday. On the day of the deadline, Microsoft filed a 75 page response to the EU on the notion that it failed to comply with the antitrust ruling by outlining a list of its own accusations. They pointed out that the Commission had ignored important information and also that they denied Microsoft's process to defend themselves.
Microsoft said, "The commission repeatedly refused to clearly define its requirements and concerns, despite repeated requests and accommodations by Microsoft." It boils down to a case of 'he said she said' since the Commission strongly denied Microsoft's claims. Saying that they had repeatedly reminded the software giant that they needed to provide "complete and accurate specifications."
It even sent Microsoft a first report from experts in June 2005, expressing "very serious doubts" about the technical documentation the company had supplied. The whole drama arises from the EU's decision to impose a $613 million fine against Microsoft, ordering the company to share technical data that would allow rivals to make their programs compatible with Microsoft. Microsoft still stands by their claims that said it handed regulators two independent reports by five British and German software system engineering professors claiming that Microsoft's technical documents met complex industry standards "particularly in such a complex domain."
Their evidence flatly rebutted the view of Professor Neil Barrett, an independent British trustee approved by both sides, that Microsoft's interoperability information was "totally unfit at this stage for its intended purpose."
Microsoft went so far as giving away their prized source code to the Union, but was rebutted saying it wasn't what the Commission asked for. Taking an objectionable look at the situation, who should be blamed? Microsoft for supplying the EU their source code and not wanting to actually help competing software makers develop products that will be in direct competition to them, but would rather have them make it themselves? Or the EU Commission for ordering Microsoft to sit down with their competitors and spell out exactly how to make competing software that will cause Microsoft to lose millions of dollars, but at the same time even the playing field?