Microsoft offer may not be enough for Commission.

In a bid to bring an end to anti-competitive charges, last week Microsoft offered to open up the source code behind its server protocols. For a moment, it looked as though the IT giant was throwing its cards on the table.

Unfortunately for Microsoft, the European Commission does not appear to see the
solution as quite so straightforward. The commission has intimated that its demands may not have been met unless the code is accompanied with documentation. A spokesperson has said it is "premature" to assume that access alone to the code would solve the problem of Microsoft's failure to comply with competition regulations.

Competition Commissioner Nelie Kroes added that users need more than just the code – they also need comprehensive instructions that would allow them to develop software compatible with Windows systems.   

Several Microsoft rivals have had a similar reaction. Without documentation, the offer will probably not be sufficient to answer the anti-competitive charges. The UK analyst company OVUM put it bluntly, calling the offer “superficially appealing”. It went on to explain to its clients that “source code is of little practical benefit to those trying to develop interoperable code – there is simply too much of it, and it’s too hard to understand”.

However, in a press conference in Brussels, Microsoft Chief Counsel Brad Smith called the offer “…the ultimate documentation of Windows server technologies”

As yet the European Commission has received no formal proposal, other than a letter and press release. The world will have to wait for a final judgement on the matter.

Microsoft is back in court with the commission between April 24 and 28. The case is
being heard before a special, expanded Grand Chamber of 13 judges, including the
president of the court.

The four- to five-day hearing will provide a rare chance for the public to learn what is going on in the case, because thus far all written arguments filed in the case are secret.

The case has now taken eight years.