Linked by Thom Holwerda on Mon 17th Sep 2007 15:17 UTC, submitted by Rahul
Legal Microsoft suffered a stunning defeat on Monday when a European Union court backed a European Commission ruling that the US software giant illegally abused its market power to crush competitors. The European Union's second-highest court dismissed the company's appeal on all substantive points of the 2004 antitrustruling. The court said Microsoft, the world's largest software maker, was unjustified in tying new applications to its Windows operating system in a way that harmed consumer choice. The verdict, which may be appealed only on points of law and not of fact, could force Microsoft to change its business practices.
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This fee will be enough to make it unimplementable in Linux (certainly not as GPL code, because it would be licensed to specific companies and not to the community as a whole)

This is an interesting issue.

I am not sure this can actually happen, because the reuqest is to make the specifications available under reasonable terms and both the comission as well as the court have specifically acknowledged that GPL based projects like Samba are the main competitors.

So my interpretation is that while the price for specification papers might not be small and not include permission to re-distribute them, it is unlikely that the terms will include any portions which would make it impossible to use them in GPL software, since this would not be reasonable.

However, based on Microsoft's continuing unwillingness to comply, they will likely try such a route to further delay the actual date of compliance.

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