Microsoft is still fighting the European Commission over its threat to fine it £1.42m a day over its non-compliance with the Commission’s 2004 anti-trust ruling.
Microsoft claims the Commission is ignoring evidence it made available to the body late last year, but the Commission says this evidence came in late and after it made its compliance orders to the company.
The Commission also said that the evidence is not relevant and does not help address what Microsoft has to do to prevent daily fines being levied for non-compliance.
Microsoft is disputing this stance and also says its recent move to make the source code of its Windows server platform available to rival suppliers allows it to fully comply.
Again, the Commission disagrees, and says there was a lack of documentation to go with the code, meaning it would not be of full use to rivals.
The Commission wants the company to make available its workgroup server protocols to rivals, to help them more easily develop alternative products that work in a Windows environment. Microsoft has now missed the compliance deadline set by the Commission.
The company is now calling for an oral hearing with the Commission over the matter, the last stage before the Commission has the right to start fining the company.
The Commission said this hearing would take place in a matter of weeks.