Microsoft appeals against EU ruling

Microsoft has filed a second appeal against a European Union ruling that it must give rivals greater access to its operating systems. In March 2004, the EU found Microsoft guilty of abusing its position and administered a heavy fine.

Microsoft has appealed against the fine and is arguing that to give more information on its server programs would violate intellectual property rights.

Microsoft spokesman Tom Brookes said: “We are taking this step so the court can begin its review now of this issue given its far-reaching implications for the protection of our intellectual property rights around the world”.

The argument relates to the way that computer servers are set up and how companies can use the computer code that runs them.

Many servers are based on open-source software, which means their operating code is shared and freely available. Microsoft, however, does not give companies full access to the underlying code. In March 2004, the EU ruled that this practice must stop. It also ordered Microsoft to provide a version of Windows operating system without its own Windows Media Player.

Microsoft has asked the Court of First Instance in Luxembourg to rule on the server issue. The court could decide to treat the new appeal as a separate court action, or join it to the one filed last year.

It is unlikely that the case will be resolved fully until at least 2007. Rival server companies say that by the time the case is settled, the technology will have moved on.