Today, the Commission DG Antitrust has published a FAQ (Frequently Asked Questions) webpage titled "Competition: Statement of Objections to Microsoft for non-compliance with March 2004 decision - frequently asked questions". The page mentions some very intringing bits:
Microsoft has already documented Vista and Longhorn server-related protocols and priced them.
Q: What is the situation as regards open source?
A: The Commission has previously stated that it is committed to ensuring that the open source community has access to the non-innovative protocols if the Court of First Instance rules in its favour in case T-201/04 (the action brought by Microsoft against the 2004 Decision).
What does "non-innovative protocols" means in practice? If innovative means patents, it seems that Microsoft is playing the software patent card in order to erect barriers for competitors.