ECIS Media Release – Statement by ECIS Counsel, Thomas Vinje

The third day of the full-week European Court of First Instance hearing on Microsoft’s appeal of the European Commission’s March 2004 Decision has concluded here this afternoon. ECIS is an intervener in these proceedings and is giving evidence in support of the Commission’s Decision.

This afternoon the Court heard the European Commission explain its Decision ordering Microsoft to supply the necessary interoperability information for work group server competitors.

Statement by Thomas Vinje

Legal Counsel


“The Commission’s testimony this afternoon clearly shows that Microsoft’s share of the market for work group server operating systems is close to 70% and continues to rise, while all other vendors are boxed into a gradually shrinking fringe”.

“Earlier today we heard Microsoft repeat its claims to copyright and patent protection for the interoperability information the Commission Decision requires. But protocol specifications are really just ‘rules of the road’ for connecting two different software products. They have little or no inherent innovative or technological value worthy of intellectual property protection. Microsoft is trying to turn this into an intellectual property case, but it is not.”