There is no "deal" or "settlement" in the sense of a document with a
signature of Mrs. Kroes below it. There is a "verdict" from DG
Competition, and a "verdict" from the EU Court of First Instance, which
requires Microsoft to publish interoperability information, not patent
licenses.
Now:
* DG Competition interprets providing the "information" to competitors
means any competitors, including open source competitors. Therefore open
source compatible terms.
* DG Competition interprets tying patent licenses with the purchase of
the "information" as not complying with the verdict, especially as DG
Competition considers the Microsoft protocols not innovative, and
therefore has serious doubts on the validity of the patents. However, are
outside the scope of the "verdict".
* As the current situation is Microsoft has agreed with this
interpretation. DG Competition has not agreed with Microsofts terms (as
of yet).