Microsoft has written to the European Commission
complaining that it is being prevented from accessing documents
that will allow it to fully comply with the Commission’s 2004
anti-trust judgement.
Microsoft says the documents relate to how the Commission came
to its decision.
The Commission is threatening to fine Microsoft £1.4m a day
until Microsoft complies with the ruling.
Microsoft has until 15 February to deliver documentation to the
Commission relating to the way its workgroup server protocols work,
the last major area of the judgement Microsoft is yet to comply
with.
The software giant recently handed over the complete Windows
server code to the Commission after previously being accused of
providing poor documentation.
The disclosure of the code however did not come with any further
documentation, and the Commission has not made a decision yet as to
whether the code’s disclosure enable the company to comply.
Shared access to the workgroup server protocols is designed to
give Microsoft’s rivals an easier way to develop products that work
easily in mixed operating system environments.
In the letter to the Commission, Ian Forrester QC, one of
Microsoft's top lawyers, informed the Commission that the earliest
the company could fully comply with the ruling would be 28
February.
The 15 February deadline itself was an extension by two weeks,
so the Commission will now have to decide whether to give Microsoft
more time, or start fining it.
The Commission has already said it has no obligation to release
the documents Microsoft is asking for, because it has already
granted access to the final reports by its technical experts and an
independent monitoring trustee assigned to the case.
These reports are critical of Microsoft's attempts to
comply.
Microsoft says the Commission's stance is unfair to the company,
and it has a right to know the full facts behind the criticism
aimed at it over non-compliance.
The Commission however, says it has not made a final decision on
full disclosure.