Luxembourg, 04/10/2005 (Agence Europe) - Microsoft has filed a new lawsuit against the European Commission over one aspect of the work-group servers issue concerning the wording of the letter sent by the European Commission to Microsoft on 1 June 2005 regarding the Decision of 24 March 2004 that Microsoft must ensure various Windows software protocols (computer rules of the road) are inter-operable with other applications and programmes, like open source. Microsoft says that in the letter, the Commission informed it: 'the applicant is under an obligation to permit distribution to third parties - non-licensees - in source code form of software developed by competitors on the basis of the disclosed Windows protocol specifications unless the software includes an invention by the applicant satisfying criteria of novelty and inventiveness.'
Microsoft argues 'that the test of novelty and inventiveness set out in the letter of 1 June 2005 breaches the principle of legal certainty as it is unclear, imprecise and very difficult to apply meaningfully in a trade secret context… it imposes an illegal deprivation of the applicant's property rights.' Microsoft further argues 'that the Commission lacked competence to impose obligations going beyond those required by the Decision of 24 March 2004 as the Commission's letter of 1 June 2005 purports to apply this Decision.'
Microsoft's first lawsuit was an application for annulment to the Court of First Instance of the 24 March 2004 decision requiring Microsoft to sell a version of Windows without bundling in Windows Media Player, so computer makers could offer machines with rival players. The hearing of the two parties at the Court may take place half way through next year (see EUROPE 9030).