EC Confirms it Received Microsoft Docs on July 18

[Slimy]

In a statement issued Thanksgiving Day -? perhaps timed appropriately, since the holiday is celebrated mainly in the US -? Microsoft said it had released all 8,500 pages of its technical documentation for interoperability, as requested by the European Commission, back in July. The implication was that the company did not withhold or fail to complete documentation, contrary to the EC?s argument one week prior. At that time, the EC issued an ultimatum demanding what it characterized as the remainder of its documentation package, or else face a fine of as much as ?3 million per day, retroactive to July 31. The company had understood the deadline to be July 19, and now claims it produced 100% of the documentation for the commission-appointed trustee, Dr. Neil Barrett, on that date.

The same day as Microsoft?s statement, the EC issued one of its own, confirming that it did indeed receive documentation from Microsoft on 18 July ? a whole day prior to what Microsoft and Dr. Barrett believed to be the final deadline. However, the EC stopped short of confirming that the documentation it received was complete, apparently leaving that assessment up to Dr. Barrett. It will then decide whether Microsoft actually complied with its decision ?in due course.? Meanwhile, the EC is opening up the documentation it has received for review by potential licensees, which implies that it has in its possession something that at least behaves like a complete set. ?Following the 12 July 2006 decision, Microsoft submitted new Technical Documentation on 18 July 2006,? reads the EC statement from last Thursday ?and, since then, Microsoft has continued to improve the documentation.? Microsoft also acknowledged the ?improvement? process, involving by its count, seven members of Dr. Barrett?s team working in cooperation with up to 300 of its engineers.

?We are pleased that the Commission has recognized our efforts to comply with our documentation obligations,? reads Microsoft?s statement, ?and we will continue to work closely with the Commission and the Trustee to ensure that we are in full compliance with every aspect of the Commission?s decision.? The company stopped short of declaring that the EC acknowledged that Microsoft had met its deadline. Multiple reports today claiming Microsoft met the EC?s deadline could be called into question, because even the EC appears to be in doubt over whether its own deadline was July 12, July 19, or as last week?s EC statement seems to indicate, July 31. Despite the apparent warping of time, the EC reiterated its 3 million euro per day threat. But if Microsoft truly did cooperate with Dr. Barrett?s team as the company asserted, the Commission may need to take the unprecedented -? though, in this case, not uncharacteristic -- step of relying on potential licensees to declare the documentation incomplete, if it is to substantiate those fines.

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