In March 2004, the world's biggest software firm was found guilty of abusing its position in the market, hit with a record £331m fine and told to open the doors to its source code for Windows Networking Protocols reports the BBC News.
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The software giant is convinced however, that it shouldn't have to give away its bright ideas.

Microsoft has appealed against the fine and now wants to avoid giving more information on its server programs. The firm argues that doing so would violate intellectual property rights.

"We are taking this step so the court can bein its review now of this issue given its far-reaching implications for the protection of our intellectual propert rights around teh world," said Microsoft spokesman Tom Brookes.


Copyrighting Knowledge?

At the heart of the argument is the method in which computer servers are set up, and how companies can use the computer code that runs them - many of the best-selling, and industry standard, servers are based on so called 'open-source' software which means their operating code is shared and freely available.

Microsoft operates differently, preventing full access to the underlying code, preferring to keep that secret from other companies. The ruling would give its rivals greater access to its operating code secrets reports the BBC News, and the EU have ordered this practice to stop.

As part of its March 2004 ruling, the EU also ordered Microsoft to provide a version of Windows operating system without its own Windows Media Player.

"If they do not share our point of view, they are of course free to go back to the court if they want to," said EU spokesman Jonathan Todd.


Microsoft in Court...
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Microsoft has asked the Court of First Instance in Luxembourg to rule on the server issue.

The court can decide whether to treat the new appeal as a separate court action, or join it to the one filed last year against the fine.

Whatever the decision, it is unlikely that the case will be resolved fully until 2007 at the earliest.

In the meantime, rival server companies are complaining that they have been caught in limbo and have argued that by the time the case is settled the technology will have moved on.

The appeal also follows Microsoft's ongoing case against Google for poaching its vice-president for China, Dr Kai-Fu Lee, in July. The two firms are currently involved in a battle for China's fast growing internet market, which is forecast to be 135 million users by the end of the year (BBC News).