Slashdot Mirror
EU Rejects Microsoft Settlement Proposal
Karl Cocknozzle writes "European Union antitrust officials have dismissed as insufficient Microsoft's offer to settle their most recent antitrust problem in Europe. Spokespeople for the European Commission and Microsoft declined to comment on a report in today's Financial Times that Microsoft had offered to include rival media player software from Apple and Real Networks on a CD-ROM packaged with personal computers to help resolve the case. Previously, the EU had demanded that Microsoft either unbundle Windows Media Player, or also bundle rival media players with Windows. It appears that Microsoft might get more than a slap on the wrist this time around."
It appears that Microsoft might get more than a slap on the wrist this time around.
It's got to. If the risk of breaking the law and getting caught is not substantially worse than the negative consequences of acting lawfully, then rationally, there is no reason to follow the law. That is what MS has done for years. And if the trend continues, they would be smart to continue doing just that.
I beleive the EU may have this in mind as part of the reasoning for sticking it to them a little harder this time.
Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
There is some logic in the US going easy on Microsoft. They aren't nearly as impartial. Microsoft contribute greatly to the US economy, providing jobs, and significant cash/balace of trade inflows.
The EU is impartial, as they doen't receive similar benefits. The end result will be closer to what the US result should have been, but wasn't, unless Massachusetts prevails.
I can understand where Bill Gates et. al. are coming from. Most people who use Windows are not very proficient at using various media players. They want to be able to click on a link and automatically have it work AND have it be consistent. Out-of-the-box functionality is what Microsoft is trying to achieve, especially for all of the regular users out there.
As far as Microsoft is concerned, those who need Real/QT can just download it from their respective sites.
I think where Microsoft should really have been hit hard was with the whole IE/Netscape saga. With that, it wasn't simply a matter of not packaging Netscape with Windows, it was a matter of Microsoft's systematic attempt to destroy Netscape as a rival browser.
Ah well, just my 2 cents. And yes, I use Windows at work, but I'm a *BSD guy everywhere else.
You make a valid point about file format standards, the software industry does need to make use of file formats that are not tied to a particular operating system, making open file formats that can be viewed, played, read & written to, by any OSs applications is a must, companys like Microsoft is definatly not going to start doing this without a fight...
I hope the EU puts the squeeze on Microsoft since the USDOJ did not have the spine and/or gumption to do it...
"YOU AGREE TO BE
BOUND BY THE TERMS OF THIS EULA BY
INSTALLING, COPYING, OR OTHERWISE USING THE
PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL
OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR
PLACE OF PURCHASE FOR A FULL REFUND."
THAT is in the licensing agreement of Windows. Just for fun and to create a lot of headaches, go to your nearest retailer and tell them to take $200.00 off of the price of a computer you want and to delete windows from the hard drive because you do not agree with the terms of the license. They will jump up and down and say lots of funny things. They will tell you that "we cannot do that". Tell them that they are bound by the license agreement the same as you. Then after they are finished throwing their pop-eyed double-barrelled hissy fit, tell them that you decided that you can spend your $2K elsewhere and that they just lost a sale! It's fun, try it sometime.
It's about how tightly they are integrated into the OS. Come on, they can bundle all the software they want. You can't tell them what to put in their own product. However, the thing that bothers me is that they integrate Internet Explorer, Media Player, Outlook, and all their other crap into Windows and make it hard for other programs to achive the same level of integration. For example, in Windows XP Media Player is integrated into IE. Outlook is integrated into the user account. Outlook is speciallized for hotmail.
I get the distinct impression the EU is out to make an example of them and fine them ridiculously.
Yes, you are probably right. The EU probably wants to make some kind of a political statement to corporate America, and show that *they* won't be bribed.
But, Microsoft probably deserves to be smacked anyway, they got away with it once, and I'd be rather disappointed to see them get away with it again.
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
Personally, what I would really like to see this time around is them forcing MS to open up their file formats. If there is one thing I see them using to maintain their monopoly in Office software is the fact the competitors need to reverse engineer the file formats to even begin to compete. The reverse engineering is not perfect, therefore there are problems. If they totally documented .doc (and the new XML format), and are not allowed to "patent" (or copyright or whatever) it, that would open up the Office software industry quite a bit and allow everyone to compete on functionality and features, rather than who has the keys to make files flow seemlessly between users. This clearly goes to the heart of the effects of having a monopoly.
The only athletic sport I ever mastered was backgammon - Douglas William Jerrold
I say screw it. Whats happened happened. If Microsoft is bad they will fail all by themselves. They don't need the rule of laws help.
/. users, Microsoft has in fact played their cards right in a lot of ways. It is not random chance that they're one of the largest, most powerful companies on the planet. On the contrary, it's very deliberate. I'd suggest doing some reading on the things they've done in the past. There's a lot of history in that company and many, many examples of behavior that a) was successful, and b) probably could have been curbed by a slightly less wimpy legal system.
Actually, they do need laws to help, because they have amassed a disproportionately large amount of power and without laws they will literally be able to do whatever they choose. This isn't a question of being a Microsoft fan or not, this is a question of a single company having enormous power and reach, and without laws that company can do (and has already done, even with laws, because they are always able to manipulate the circumstances in their favor) things that are unfair to other companies.
I'm no Microsoft fan either, but I stand in complete awe of their ability to succeed, regardless of the circumstances. Despite doing many things "wrong" according to
Well, the inclusion of competitors products was Microsoft's idea for settlement. The government should be trying to force Microsoft to competitors in the application space the same access to OS-level APIs as their own developers receive. I think the licensing is important too, but until there is a level playing field to develop products to the same platform (I believe having access to a restriced API means it's not the same platform) it won't change much to let OEMs install competing products. There still won't be room to compete on technical merit, letting the customers decide.
So, now M$ has claimed that their Media player is an intregral part of windows and windows would be "substandard" without it?
Interesting argument, much akin to the argument they used about IE.
Now, let's ask a hypothetical question. If this were about automobiles, and the question was about whether or not the manufacturer could force a person to use ONLY the built-in radio what would be the argument?
"Well, judge, if we had to remove the radio, we would also have to remove all the stuff it uses, like the wiring, the alternator and the battery, so the car wouldn't run. So, you see, the radio is an integral part of the car and forcing us to remove it and letting people use someone else's radio would cripple the car."
Absurd? Well, that's exactly what they said about their browser and are now saying about the media player.
I hear people complaining that Netscape and other products died because of the free market. Well they are partially right. Netscape was a pay for product. Along comes Microsoft and releases a free product that at the time was inferior to Netscape (still is IMHO) and gives it away free and then bundles it with their OS.
This may be fine for some people until Microsoft large feet step on you. Stacker was a good example, Stacker was making money hand over fist until MS released "their" version as a part of DOS. Stacker was no longer needed and sales dropped dramatically. Turns out that MS used Stackers own code and were too lazy to even change part of it to keep Stacker from finding out. Thanks to its deep pockets MS dodged the bullet and paid them off...Stacker died.
If you ran a bakery and I opened one next to you and gave everything away for free you would pitch a fit and try to have me closed down. If I copied your best seller by letting you do the ground work and then gave it away for free you would sue me. The customers could care less they get it for free but when your money is on the line it is a different story.
I hope the EU sticks to its guns. MS has had this coming for a while and it is nice to see that they can't buy their way out of every problem they make.
The problem is with each version of MS Windows comes a whole new set of applets that intrude on an existing market. Since MS gives them away for free the other players go out of business. This kills diversity: consumers who usually drive the market are shut out of the process and then MS moves on to dominate another market. With out any other forces at work M$FT would own the entire computer: the DOJ acting as a minor speed bump. M$FT would be in a position then to control all how you use your media and control who can sell it and who can buy it and dictate its onw profits. M$FT has managed to become both autocracy and parasite.