Some international lawyers now might have to start looking for another case
to keep them busy.
The protracted European Commission-versus-Microsoft antitrust case, a thorn in
both parties' sides since the Clinton
administration, may soon be coming to a resolution.
The EC
confirmed July 24 that the world's largest software maker, in a good-faith
effort to resolve the nagging case, has offered to change its upcoming Windows
7 operating system to provide European users—for the first time—with a choice
of Web browsers. The special edition of Windows 7 will be called the E version.
Because Microsoft owns more than 90 percent of the operating system market with
Windows, for years it has been able to dictate the use of its own prepackaged,
default browser. Criticism of this competition-crushing policy has had many
users who do not favor IE up in arms, leading to the EC's antitrust lawsuit.
Microsoft
has proposed a new "ballot screen" that would come up when Windows
7 is being installed and ask users which browser they prefer from a series of choices.
Microsoft said that will make it easy to install another Web browser, set it as
a default and disable Internet Explorer.
Other popular Web browsers include Mozilla Firefox, Apple Safari, Google Chrome
and Opera Software Opera.
"While the commission solicits public comment and considers this proposal,
we are committed to ensuring that we are in full compliance with European law
and our obligations under the 2007 Court of First Instance ruling," Brad
Smith, Microsoft general counsel and senior vice president, said in a company
statement.
"We currently are providing PC manufacturers in Europe
with E versions of Windows 7, which we believe are fully compliant with
European law. PC manufacturers building machines for the European market will
continue to be required to ship E versions of Windows 7 until such time that
the commission fully reviews our proposals and determines whether they satisfy
our obligations under European law."
The EC is expected to consider the proposal and act on it within the next
several weeks.
"If the commission approves this new proposal, Microsoft will begin work
at that time to begin implementation of it with PC manufacturers," Smith
said.
There was no indication as to whether Microsoft will change its policy in the United
States and in other geographical markets.
Ever since Microsoft's Internet Explorer was launched in 1995, it has been the
default—and only—Web browser choice in all versions of Windows. Browser makers,
the open-source community and industry associations joined the European Union in
protesting this closed-door policy, complaining that the browser and the
operating system are separate entities, and that browser choice should not be
dictated to a Windows buyer.
Security problems with earlier versions of Internet Explorer only fanned the
flames of the protests.
Microsoft, on the other hand, argued that the operating system and its browser
were joined at the hip and could not operate correctly without each other.
The legal tussle started as a mere complaint from Novell over Microsoft's
licensing practices in 1993. In 2001, this resulted in the EU ordering
Microsoft to give certain information about its server products and release a
version of Microsoft Windows without Windows Media Player.
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