SAN The European Commission this week opened proceedings against Microsoft for alleged discriminatory licensing and refusal to supply information on the APIs for its Windows operating system. According to an EC representative, the investigation follows a complaint by Sun Microsystems, alleging that Microsoft had abused its dominant market share in operating systems to leverage its position in server software. Separately, Microsoft revealed it is seeking to dismiss 37 of the 62 private, class-action antitrust lawsuits that have been consolidated and are under review by the U.S.
District Court for the District of Maryland. Citing a 1977 U.S. Supreme Court case -- Illinois Brick Co. vs. Illinois -- Microsoft attorney David Tulchin said that the motion seeks dismissal on the grounds that the software was bought from computer companies and not Microsoft, and that indirect purchasers cannot sue for damages.