Microsoft Appeals Source Code Sharing

Saying any public release of its source code has "far-reaching implications for the protection of our intellectual property rights around the world," Microsoft appealed a European Union ruling that would force the company to share the bits behind certain Windows networking protocols.

"Microsoft has filed an application for annulment with the Court of First Instance specifically concerning the issue of broad licenses in source code form of communications protocols which are based upon Microsoft's intellectual property," a Microsoft spokesperson confirmed.

The lawsuit, filed on August 10 but first made public Wednesday, deals with the open sourcing of code related to workgroup servers. Microsoft filed another appeal back in June over the 497 million-euro fine the EU ordered Microsoft to pay for antitrust violations.

A stripped down version of Windows XP without Windows Media Player was also part of the ruling, which Microsoft initially resisted but started selling on June 15. There is no indication on how well the new version has sold, but OEMs are reportedly not interested in offering Windows with less features.

No dates had been set for hearings on either issue.

The EU Commission said that they would consider the matter settled if Microsoft loses its appeal in the Court of First Instance and would begin to enforce the sanctions against the Redmond company.

Comments were solicited from the technology community earlier this year from consumers and competitors on how the EU should enforce the server source code ruling.