[ANSOL-geral] Microsoft vs Comissão europeia: mais confusão , vinda de um tribunal...
Sexta-Feira, 30 de Abril de 2004 - 21:51:33 WEST
Mais confusão para a decisão da comissão sobre a Microsoft. Decisão de
tribunal sobre outro caso de concorrência na Alemanha, invalida, segundo a
Microsoft a decisão da comissão...
É questão de perguntar... Um processo relacionado com software livre poderia
tb criar precedentes e pender a interpretação das directivas para o lado
Existe algum caso deste gênero nos tribunais?
Court Ruling in Europe Could Affect Microsoft
By PAUL MELLER
Published: April 30, 2004
RUSSELS, April 29 - The European Court of Justice drew a legal line in the
sand Thursday on the circumstances under which a dominant company must
license its intellectual property for use by rivals. The ruling, involving
two distributors of drugs, could have repercussions for the European
Commission's antitrust case against Microsoft.
The case involved one American drug distribution company, IMS Health, suing
another, NDCHealth, for using its copyright-protected geographical breakdown
of the German pharmaceutical market.
Although the final word in this case rests with a court in Frankfurt,
Thursday's judgment by Europe's highest court clarified European law in this
field, where intellectual property law and competition law meet.
The court said in a statement that a refusal by a dominant company to license
its copyright to rivals breached competition law only if this prevented
products or services from coming to market, or if such a refusal was "capable
of eliminating all competition on the relevant market."
The judgment was welcomed by both Microsoft and the European Commission, which
last month ruled that the software giant had abused its dominance by not
sharing vital copyright-protected information with competitors. The
commission fined Microsoft 497 million euros ($588 million) and ordered it to
license the information necessary for restoring competition in the market.
On Thursday, Microsoft said the court's judgment "is a fatal blow to the
commission's compulsory licensing case" against it. Microsoft is planning an
appeal of the ruling to the European Court of Justice within a couple of
months. The commission, on the other hand, said that the judgment supported
its ruling last month.
"We believe that these exceptional circumstances as set out by the court have
been met in the Microsoft case," the European Commission spokeswoman, Amelia
Microsoft has said that its refusal to license copyright-protected information
for its Windows system does not stand in the way of the development of new
products or services.
Rivals including Sun Microsystems argue that this information is necessary for
them to produce software for servers that can work as well with PC's running
Windows as Microsoft's own server software does. This is essential, they and
the commission argue, because over 95 percent of all PC's run on Windows.
Servers connect networks of PC's.
"All of the competitors concerned have successful products on the market, so
it is clear that Microsoft's action has not prevented the launch of these
products," Microsoft said.
"It is clear from any view of the market that the Microsoft technologies
concerned in the commission's case are not 'indispensable,' in the terms of
the court judgment, as competition is flourishing," the Microsoft statement
Ms. Torres said that the mere presence of rivals was no confirmation that
competition was healthy.
"Thank God there is still time to save competition," she said, adding, "This
case is about products made by rivals being able to talk with Microsoft
products, to the benefit of consumers."
One competition lawyer, who asked not to be named, said that if the court
intended to require a dominant company to license its copyright only once the
company had eliminated all its rivals, "This would render European
competition law completely useless."
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