According to financial news site Bloomberg.com, Microsoft claims that if it were forced by the Commission to comply with requests from Sun, IBM and others to licence its source code, it would be infringing patent laws and giving its rivals an easy means of developing similar software.
According to AP, in arguing against the EU’s antitrust action, Microsoft is saying that its circumstances are already difficult and that no other commercial software company has to operates under the restrictive conditions of its proposed deal with the Department of Justice.
Microsoft’s deal still requires US court approval. Nine states are supporting the Department of Justice in the settlement proposal; another nine states are pushing for stronger penalties.