Rivals: Microsoft's Compliance In Doubt

Sun confirmed it has registered complaints with the U.S. Department of Justice, charging that Microsoft's communications protocol licensing program is not in full compliance with the antitrust settlement.

The consent decree was officially signed Nov. 8.

Last August, as part of a tentative deal with the DOJ, Microsoft said it would publish hundreds of Windows APIs and license approximately 112 previously secret communications protocols to other software vendors on a royalty basis to allow them to improve the integration of their software with Windows.

"There are problems with the communications protocol licensing program related to the terms for licensing product going forward and elements of the program like royalties," said one source familiar with Sun's objections. "It's too restricted to the Windows world."

Linux rivals also say the protocols' licensing terms make them unusable by open-source developers because they violate the General Public License. Pro-competition watchdog ProComp recently sent a letter to the DOJ claiming the Windows XP Service Pack 1 required by the consent decree bypasses the spirit and intent of the merger.

Microsoft acknowledged that rivals will test its compliance efforts. "We set up a program that was very straightforward and relies on industry-standard practices when it comes to licensing intellectual property," said Microsoft legal spokesman Jim Desler. "The consent decree is relatively clear, but there will always be questions in terms of interpretation," he said.

Brian Bergin, president of solution provider Terabyte Computers, Boone, N.C., said: "If Microsoft owns the technology, [it should not be forced to give it away. As soon as Ford gives me Explorers for free, I'll side with Sun."