Brussels, 25/01/2006 (Agence Europe) - On Wednesday, Microsoft pledged to diffuse the Windows Server source code through the issuance of licenses and is preparing its response to the Commission's Statement of Objections of 21 December 2005, which called on it to reveal full and adequate information on interoperability (EUROPE 9096). “Today we are putting our most valuable intellectual property on the table so that we can put technical compliance issues to rest and move forward with a serious discussion about the substance of this case”, Brad Smith, Microsoft General Counsel, told the press.
“The Windows source code is the ultimate documentation of Windows Server technologies. With this step our goal is to resolve all questions about the sufficiency of our technical documentation”, Mr Smith stressed. Last December, the report by Neil Barrett, was irrevocable. Barrett is responsible for providing technical opinions on compliance with the March 2004 decision by the American firm. He noted that the technical documentation provided by Microsoft is completely unsuitable for the use of a developer or a group of developers hoping to use it to develop a software product. “While we are confident that we are presently in full compliance with the decision, we wish to dispel any notion that Microsoft's technical documents are insufficient”, Mr Smith added. By using a licensing system, Microsoft now suggests that developers have access to the Windows source code, without copying it, in order to ensure interoperability of their software developed with Windows. Although Mr Smith considers the “only way to be certain of satisfying the Commission's demands is to go beyond the 2004 decision and offer a license to the source code of the Windows server operating system”, the Commission retorts in a press release that it is the one that should take a stance on Microsoft's “full and accurate” conformity with the decision. It recalls its requirements and looks forward to receiving Microsoft's reply to the Statement of Objections no later than 15 February 2006 (see EUROPE 9116). Hoping that the Commission will take a decision in the context of this new offer, Mr Smith does not believe there is any justification for imposing a fine. He also said he had requested a hearing in the context of this procedure.