Tomorrow morning at 930am CET, it will all be over. Months of waiting. Months of speculating. Months of worrying. Tomorrow Europe’s Court of First Instance will put a rest to it all in what many expect to be five minutes in Luxembourg followed by a mad dash to read through the 300+ page decision to determine, who won, who lost, and what it means for the rest of us.

As we were talking to the European media over the past few weeks, we put together a short backgrounder to explain exactly what ACT our 3000 member companies are concerned about this decision. The European Commission’s case against Microsoft is often described as an attempt to protect the David’s of the software world from Microsoft’s Goliath. The reality, however, is not so clear cut. The original complainants in the case – Sun, IBM, Oracle, RealNetworks, etc. – are some of the largest technology firms in the world. While some small firms are cheering the Commission onward and may benefit directly from the decision, many more are concerned about the direct and indirect effects this case may have on their businesses. Here are some of the key points:

  • Windows Media Player is More Than Just the Application that Users Interact With Every Day.
    The developers that build applications for the Windows platform depend heavily on Windows components like Windows Media Player and Internet Explorer that are built into the operating system.
  • Having this technology seamlessly integrated into Windows enables SME software developers to bring their technology to market more quickly, with a smaller download size, and less expensively.
  • New Functionality in Windows Gives Developers Instant Access to New Markets. For example, the inclusion of accessibility functionality in Windows means that many applications that would not be usable by the disabled community are now available to them with little or no additional effort on the part of the developer.
  • If the CFI upholds the Commission’s Decision , Windows Will Stagnate and Consumers Will Suffer. Many software developers are worried that if the CFI upholds the Commission’s Decision, it will essentially make the Commission the Chief Architect of Windows and innovation will grind to a halt.
  • Innovative SMEs Can Go From the Garage to Market Dominance in No Time Flat. When the Commission launched its Investigation into Microsoft, Google was one month old and still being operated out of a garage.
  • The Commission Isn’t Only Interested in Windows Media Player. They Want the Precedent that Gives Them the Right to Regulate the Design of Any Dominant Technology.
  • The Precedent Set By the Commission’s Seizure of Intellectual Property is Particularly Dangerous for SMEs. Many small firms build their market share because of their ability to protect their innovations through intellectual property.

I am in Europe for the ruling and will blogging regularly over the next few days with updates, observations, and analysis. It’s probably the least interesting reason I’ve ever had to go to Europe, but this decision will be of great interest to the rest of the industry.