Last Autumn saw US courts overturn an order for Microsoft to cough up $1.5 billion to telephone company Alcatel-Lucent after a decision had already been made to force them to pay up for allegedly infringing music patents.
Alcatel patents govern how audio files are converted into MP3 music and they claimed Microsoft’s Media Player software infringed upon these patents. Microsoft are declaring the reversal as a victory for consumers in the never ending battle for consumer choice.
Understandably, Alcatel-Lucent were not happy. However, it was discovered during the trial that Microsoft has already paid for the use of one of the patents in question. They paid German company Fraunhofer for this and as Fraunhofer had not sued, the judge decided nothing illegal had occurred.
The judge also ruled that if Alcatel successfully challenged the ruling, Microsoft would be allowed a new trial and would not be reinstating the fine, stating it was out of proportion to the claims.
Microsoft are not always so lucky, however. They have been slapped with a record $1.4 billion fine after, according to the European Commission, for continually defying sanctions imposed upon them for anti-competitive behaviour.
Microsoft were found guilty of not providing key code to rival software makers, thus contravening the anti-trust ruling. They had already been fined on two previous occasions for the same rule breaking and it is hoped that this time the amount will be sufficient to stop them indulging in this practice.
Complaints still abound that Microsoft are abusing their dominant market position.
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