Thats not the problem.
Microsoft didn't need to give out the code (especially not license it out).
What the decision 2 years ago enforced is that MS gives out a clear documentation on their communication protocols, especially the ones of the server windows on which most protocols are "secret".
MS tried to get around this by licensing out the code and say "the code shows you all" which was now (think the 3rd time now?) rejected by the EU.
Microsoft didn't need to give out the code (especially not license it out).
What the decision 2 years ago enforced is that MS gives out a clear documentation on their communication protocols, especially the ones of the server windows on which most protocols are "secret".
MS tried to get around this by licensing out the code and say "the code shows you all" which was now (think the 3rd time now?) rejected by the EU.