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EU Antitrust Troubles Continue For Microsoft

Julie188 writes "Opera Software's year-old antitrust complaint against Microsoft took another step toward being vindicated, and the Oslo-based browser maker can't help crowing over the European Commission's decision. Opera had filed a complaint with the EC in December, 2007, contending that Microsoft's bundling of Internet Explorer with Windows violated antitrust rules. Yesterday, the EC sent a 'Statement of Objections (SO)' to Microsoft with a preliminary finding that bundling IE with Windows does indeed constitute an antitrust abuse. Microsoft has eight weeks to plead its case and change the EC's mind, an unlikely outcome if ever there was one. Opera's CEO said, 'On behalf of all Internet users, we commend the Commission for taking the next step towards restoring competition in a market that Microsoft has strangled for more than a decade.'"

16 of 593 comments (clear)

  1. How? by cobraR478 · · Score: 5, Insightful

    How is the average computer illiterate going to download a browser if Microsoft is not allowed to bundle one? Buy a disc?

    1. Re:How? by linebackn · · Score: 4, Insightful

      But even more importantly: The OEM's *CHOICE* of browser will be bundled with virtually all preinstalled systems by the OEM.

      Right now they don't have a real choice. IE has to be installed, so they can have just IE, or IE+Firefox or IE+Opera, or IE+Firefox+Opera or so on. Given there is a tendency to avoid having multiple application that do about the same thing installed, everyone currently usually just winds up with IE.

    2. Re:How? by drinkypoo · · Score: 3, Insightful

      Microsoft used its monopoly position to FORCE OEMs to not bundle other browsers (or lose their big discount.) THIS is wrong. Including a browser in the OS and using its functionality is NATURAL. Otherwise why would KDE and GNOME both include a browser? Trying to make Microsoft remove a part of the operating system (which after all is a way for a user to operate a computer, and includes the UI) is complete bullshit. I don't buy the argument that it's acceptable because they are a monopoly. Either fine the shit out of them, invoke the corporate death penalty, or leave them alone. I don't mind interfering with their ability to lie, cheat, and steal, but interfering with their ability to legitimately do business (e.g. put together a modern operating system with the features users now expect) is simply not acceptable. This whole thing is seriously just a whiny, passive-aggressive attempt to punish Microsoft for past misdeeds. Why not, you know, just punish them for past misdeeds?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  2. Re:Coming up next... by Coopjust · · Score: 4, Insightful

    Microsoft is pretty much a de facto monopoly.

    If GM owned 95% of the auto market and somehow used their monopoly position to, say, put a proprietary, patented gas tank in their car that could only be filled at gas stations owned by GM, that would be a much more valid comparison.

  3. Re:How do they get a browswer with a fresh install by linebackn · · Score: 3, Insightful

    How about a non-browser dependent package manager? Someone, please introduce Bill Gates to 2009!

    Of course I still prefer buying a nice shiny CD from the Mozilla Store. (Buy one! Better yet, buy a dozen!)

  4. Re:Coming up next... by Coopjust · · Score: 4, Insightful

    But Mac OS and Linux distros aren't de facto monopolies in the operating system market. If Mac OS came on 95% of computers and Safari was on the machines out of the box, I think the EU would pursue the issue too. It's about using one monopoly/near monopoly position to further another one.

    If Microsoft held less than half of the market, I don't think MS would have been the target of the EU for this

  5. Re:Leave the DLLs, I say. by Tubal-Cain · · Score: 4, Insightful

    Fine. So Canonical, Red Hat, Novell, and the Debian Project are bundling browsers. No-one is saying OEMs shouldn't be able to do the same. The point is that the Linux Foundation isn't the one bundling. Also, the distributions don't tightly integrate Firefox into the rest of the system (in fact, Debian uses Epiphany by default). Removing it is a simple apt-get or yum.

  6. Re:Leave the DLLs, I say. by linebackn · · Score: 3, Insightful

    "Do you really want developers all installing versions of the browser core all over the OS with their applications?"

    It would make more sense to me if they simply didn't require a web browser application.

    If an application really did require a web browser, however, then it can ask for a browser application to be installed in a central location where the app and other apps can make use of any libraries. Doesn't seem silly to me.

    In the old days there were plenty of application that would tell me "This program requires Internet Explorer to be installed". After MS started bundling it, developers seemed to get lazier and just assumed it was installed and/or that I would want to install it.

  7. Re:Illegal Bundling of TV Remotes by Anonymous Coward · · Score: 4, Insightful

    Which is actually not a bad idea. No more having proprietary remotes that are impossible to replace: without tying, remotes would conform to published standards (ideally open and patent free) which would allow choice in the type of remote that you used.

    For example, accessible remotes could talk, or have extra large button, and be _guaranteed_ to work with your TV/Video/DVD/Blu-Ray/whatever - instead of the hit-and-miss pot luck you take when purchasing so-called 'universal' remotes these days.

    You have unwittingly given a very good example of the problems with tying.

  8. Re:Microsoft products ARE better by Anonymous+Brave+Guy · · Score: 3, Insightful

    For what it's worth, I think it's a pretty sad reflection on the Slashdot community that a post citing numerous specific cases where Windows might be considered superior to Linux has got hit with enough troll mods to make it disappear for most people, yet there are no replies actually countering the points made in that post. I guess abusing the mod system is easier than making a real argument.

    --
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  9. Re:But what about...? by thetoadwarrior · · Score: 4, Insightful

    Q: How do you know a liberal has lost an argument? A: They start calling you names

    Which would make Rush Limbaugh a liberal. It would in fact make the Bush administration liberal throwing the name terrorist around way too freely.

    That would make you a liberal as well as a lot of so called conservatives since anyone that doesn't fully agree with their opinions is a socialist, liberal or pinko.

    Q: How do you make a liberal sad? A: Remind them of their carbon footprint

    Q: How do you make a liberal angry? A: Tell them a Capitalist is making money off their carbon footprint

    The biggest problem with this as a whole is it's just baseless name calling from a racist simpleton.

    It ignores the fact I'm a conservative but a real one which believes in actual conservatism and not pandering to the South and their huge population of low-IQ, high religion gullible dimwits, like yourself.

    Capitalism isn't about breaking laws and shitting all over everyone. Maybe when you understand capitalism then you can start your own business, make a decent living and stop resorting to being a grumpy little racist tit.

  10. Re:But what about...? by mlwmohawk · · Score: 5, Insightful

    The question I have for Obama is this: Who is stimulating the economy? Me, the guy who has provided 14 people good paying jobs and serves over 200,000 people per year with a flourishing business? Or, the single fat colored mammy sitting at home pregnant with her fourth child waiting for her next welfare check?

    Far from helping the economy, Microsoft has harmed it. It has reduced competition in the computer industry, which means fewer jobs and higher prices. It has a long history of pushing for H1B visa increases intended to reduce the average wage of skilled tech workers. Why when there are so many people out of work are they STILL pushing H1B visas?

    Also, Microsoft is an abnormally profitable company. That comes from somewhere. For every dollar that Microsoft makes in profit, that could have been $0.25 ~~ $0.30 to a normally profitable company. Which means, because of Microsoft's monopoly, we have one business employing fewer people instead of 3 or 4 business of roughly the same size employing 3 or 4 times that number of people.

    Microsoft should be broken up by the government as an anti-competitive monopoly.

  11. Re:But what about...? by an.echte.trilingue · · Score: 4, Insightful

    (provided that is there decision...there's still time for Microsoft to bribe them like they did at ISO for OOXML).

    The ECJ is not some dinky little standards body. The ECJ is a immensely powerful court composed of some of the most powerful people in Europe. Its decisions legally bind entire industries and countries. It is more like the SCOTUS than ISO

    I am not saying that the members of the ECJ are incorruptible, just that Microsoft, as rich as they are, have nowhere near the means to corrupt them.

    Of course, this is not in the court system yet. Right now it is being handled by the European Commission's Directorate General of Competition, which is kind of like the US Attorney's office in the US. This institution exists purely to find and punish anti-competitive behavior. Its members live under a microscope and its deliberations are a matter of public record. They regularly go after massive European corporations openly supported by member State governments.

    Some foreign IT company is not going to have the means to corrupt this body, either.

    --
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  12. Re:There is no desktop web browser market by mikechant · · Score: 4, Insightful

    The fact that this article got marked as flamebait is demonstrative of how disconnected from reality a lot of people on this site are. What happens when Firefox gets to 50% or more of the browser market? Are Opera going to sue them as well for predative price fixing with Microsoft and Apple?

    You're making a fool of yourself - if Firefox got 50% of the browser market it would be on its merits - not because it was preinstalled on the 'Firefox/Mozilla Operating System'. The whole point - which you are presumably deliberately missing - is that MS uses its operating system dominance to create browser dominance, which is potentially illegal under competition law.
    Once again:
    Having a monopoly is *not* illegal;using it to create a monopoly in another area is.

  13. Re:But what about...? by mlwmohawk · · Score: 3, Insightful

    You've actually nailed everything that's wrong with antitrust law!
    Your suggestion is basically this: MS is really successful. Like, really really successful. If we were to just give a little bit of that success to other companies, many other companies would be successful as well. To achieve this distribution of success, we should break up Microsoft. Basically, you're advocating punishing success!

    That is, of course, the Bill Gates argument. "I'm successful, so let me be successful." Al Capone was successful as well. Standard Oil was successful too.

    Microsoft is successful because of its illegal and unethical actions. Its "success" is at the expense of the consumer and the industry. That sort of "success" denies a functioning market place of greater success.

  14. Re:It's not a complete OS without the browser by pstorry · · Score: 4, Insightful

    What browsers on the market charge for their product? Only Opera that I am aware of.

    They haven't charged end customers for a desktop browser since 2005. Version 8.5 dropped the requirement on the desktop.

    Opera do still charge for their Mobile browser - the binary platform-optimised version for mobile phones. But they don't charge for Opera Mini, which is the J2ME version of their mobile phone browser.

    Basically, Opera have been moving away from charging the customer unless there's clearly a market for it. Optimising a browser for a phone is difficult and expensive, and many phone companies have done an awful job of it - hence charging for the mobile version. But that's changing, so the mobile version might either die or go free at some point in the future.

    Opera are a business, so they have to make money somehow. I'm afraid that this isn't 2001, and business plans in the "... Profit!" model don't actually work.

    Most of Opera's revenue doesn't come from end-users. It comes from licensing and customising their browser product for OEMs. For instance, Nintendo paid them to produce the web browser that they use for their Internet Channel on the Wii...

    It sounds like Opera is blaming Microsoft for their lack of marketing and letting people know they have a choice.

    Opera is complaining that Microsoft are illegally abusing their monopoly by bundling one product with another. It's the same complain Netscape made in the US, the same complaint that was upheld in the US, and the same complaint that the US failed to meaningfully punish.

    In the end I don't really care because I use Linux and none of this (a?)effects me.

    I'm posting this from Opera (9.6) on Linux (Ubuntu 8.04), so haven't the foggiest what your point was there...