Has Pandora's box been opened today?

by Ciprian Jichici 17. September 2007 22:08

Today, the Court of First Instance published the decision on the case of the European Commission against Microsoft. The decision confirms most of EC's decisions, thus being a very dangerous precedent. What they say is basically that a company may be forced to give out it's intellectual property and even more than that, may be forced to assist its competitors in building exact replicas of its own pieces of software.

Now imagine BMW being forced to assist his Chinese competitors in building the exact replica of its cars. But hey, that's not all! According to this ruling, they might be even forced to help them enter the European market.

Perhaps an even better example is Airbus. Will they be allowed to further improve their planes? Suppose I have a manufacturing company and I really want to build right wings (only right, not left) for the new 380. According to today's ruling, if I have enough money, I might get a decision to do just that.

It seems to me that the Court decided to walk on a very very slippery slope. What really bothers me, is that one of the sentences in the ruling states very clearly that the decision is based on the facts from 1998, while the current market situation as well as the completely missing consumer interest for Vista N are not considered at all.

Should I understand that both the Commission and the Court are totally ignoring the European consumer's interest? As an SME, should I really spend big amounts of money in protecting my own intellectual property? What if one day I find out it was in vane?

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