Skip navigation

WinInfo Daily UPDATE--EU: Microsoft Isn't Complying with Antitrust Ruling--April 14, 2005

Subscribe to Windows IT Pro:


To ensure that future email messages you receive from WinInfo Daily UPDATE aren't mistakenly blocked by antispam software, be sure to add [email protected] to your list of allowed senders and contacts.


This email newsletter comes to you free and is supported by the following advertiser, which offers products and services in which you might be interested. Please take a moment to visit this advertiser's Web site and show your support for WinInfo Daily UPDATE.

New! The Essential Guide to an NDS-to-Active Directory Migration

==== Sponsor: Quest Software ====

New! The Essential Guide to an NDS-to-Active Directory Migration
Migrating from Novell Directory Services (NDS) and/or eDirectory to Active Directory presents complexities. Prepare for the challenges and simplify your migration processes. Get The Essential Guide to an NDS-to-Active Directory Migration written by David Chernicoff, senior contributing editor for Windows IT Pro. Get your free guide today.


In the News
- EU: Microsoft Isn't Complying with Antitrust Ruling
- Start-Up Company Cleans Microsoft's Chimney in Court
- Halo Effect? Apple Posts Strong iPod, Mac Sales

==== In the News ====
by Paul Thurrott, [email protected]

EU: Microsoft Isn't Complying with Antitrust Ruling
Thirteen months after the European Union (EU) issued its antitrust ruling against Microsoft, the software giant has yet to comply with two of the three requirements of the ruling, and the EU is crying foul. Microsoft was to ship a version of Windows XP that doesn't include Windows Media Player (WMP) and provide competitors with server-oriented technical information. Neither has happened, and now the EU wants a progress report.
Last month, EU Commissioner for Competition Neelie Kroes wrote a letter to Microsoft, asking for that progress report. Two days after that report was due, the EU is still waiting. "The deadline was April 11 and they have not respected it," an EU spokesperson said.
A Microsoft representative said that talks with the EU are ongoing and that the release of the overdue progress report was "imminent." Let's hope that's imminent as in Tax Day and not imminent as in Longhorn.
In addition to the overdue antitrust ruling requirements, the EU wants to resolve another problem with Microsoft: Basically, the EU wants to appoint a trustee that would have blanket powers to examine whether the software giant is adhering to its antitrust ruling going forward. Microsoft, however, wants to have veto powers over which information the trustee can gather. The EU has termed that request unacceptable. Kroes simply re-sent the original request and asked again that Microsoft accept the terms. This requirement, allegedly, is also holding up Microsoft's progress report.

Start-Up Company Cleans Microsoft's Chimney in Court
The US District Court for the Northern District of California has ruled that Microsoft can't ship a networking feature in the next version of Windows, code-named Longhorn, because the feature infringes on a start-up company's patents. The technology, called Microsoft Chimney, offloads networking tasks from a system's processor to an application-specific integrated circuit (ASIC) on the system's network adapter, leaving more power for applications. Microsoft planned to ship Chimney as part of its Scalable Networking Pack for Windows Server 2003, which was due late last year but has yet to materialize.
According to court documents, a San Jose start-up company called Alacritech claims ownership of two patents for what it calls TCP offloading technology. Alacritech shared this information with Microsoft in 1998, hoping to license the technology to the software giant. But Microsoft broke off talks and announced a surprisingly similar technology, Chimney, in May 2003. Alacritech offered Microsoft a license at that time, but was rebuffed, so the company filed a lawsuit in August 2004.
"After Alacritech discovered that Microsoft Chimney is based on intellectual property that we developed, patented, and own, we offered Microsoft a license," Alacritech CEO Larry Boucher said. "Microsoft rejected licensing terms that would be acceptable to us. We were forced to sue Microsoft to stop them from continuing to infringe, and inducing others to infringe, on our intellectual property rights."
In November 2004, Alacritech filed a motion for a preliminary injunction to prevent Microsoft from shipping the technology as part of its Scalable Networking Pack for Windows 2003. This week, that injunction was granted, and Microsoft has 21 days to appeal. A Microsoft spokesperson says that Chimney was developed independently by the company's own developers.

Halo Effect? Apple Posts Strong iPod, Mac Sales
Apple Computer has posted record quarterly earnings and revenues thanks to strong sales of its iPod MP3 players and Macintosh hardware. Given the rampant success of the iPod in recent months, Apple's earnings aren't that surprising. What is surprising, however, is the report of Mac revenues. According to the company, Apple sold more Macs in the previous quarter than it has in any quarter since before the company launched Mac OS X back in 2001.
In the quarter ending March 31, Apple shipped 1.046 million Macintosh computers, a whopping 43 percent increase over the same quarter a year before. Most of that growth likely came from the new Mac Mini model, a $500 Mac that competes with low-end PCs.
Some analysts and Apple fans are crediting the rise in Mac sales to a so-called "halo effect" surrounding the iPod. The idea is that customers who purchase an iPod will become enamored with Apple products and will rush back to the Apple store and drop more money on a new Mac. Despite the upswing in the previous quarter, however, the halo effect is somewhat fanciful: iPods work well with PCs, but users would have to drop years of compatible hardware and software to switch to a Mac, a process that would ultimately be extremely expensive.
Regardless, one can't deny the success that Apple is currently having with both its iPod and Macs. As a long-time Mac fan, I'm happy to see this once-beleaguered system regain its footing. With a little luck and continued healthy sales, perhaps the Mac can climb out of the market-share gutter and reach a wider, more relevant audience.

==== Events and Resources ====
(A complete Web and live events directory brought to you by Windows IT Pro: )

Detect Attempted Intrusions into Your Windows System
In Chapter 5 of this free eBook, you'll learn basic intrusion detection, Windows auditing, audit policy, auditing categories, event-log management, and audit policy best practices. Discover how to appropriately configure event auditing and capture critical information about most unauthorized events. Download your copy now!

==== Featured White Paper ====
(from Windows IT Pro and its partners)

Quantify the Business Benefits of ITSM
This free white paper explores how to meet IT infrastructure's needs and manage crucial support and service processes by implementing Help desk, problem, change, configuration, and service-level agreement (SLA) management into a single workflow. Improve productivity and service delivery quality while reducing costs, resources, and downtime in your organization. Download it now!

==== Announcement ====
(from Windows IT Pro and its partners)

Nominate Yourself or a Friend for the MCP Hall of Fame
Are you a top-notch MCP who deserves to be a part of the first-ever MCP Hall of Fame? Get the fame you deserve by nominating yourself or a peer to become a part of this influential community of certified professionals. You could win a VIP trip to Microsoft and other valuable prizes. Enter now--it's easy:

==== Contact Us ====

About the newsletter -- [email protected]
About technical questions --
About product news -- [email protected]
About your subscription -- [email protected]
About sponsoring UPDATE -- [email protected]


This email newsletter is brought to you by Windows IT Pro, the leading publication for IT professionals deploying Windows and related technologies. Subscribe today!

View the Windows IT Pro privacy policy at

Windows IT Pro is a division of Penton Media Inc. 221 East 29th Street, Loveland, CO 80538 Attention: Customer Service Department

Copyright 2005, Penton Media Inc. All Rights Reserved.

Hide comments


  • Allowed HTML tags: <em> <strong> <blockquote> <br> <p>

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.