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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.'"

66 of 593 comments (clear)

  1. Good by WiiVault · · Score: 3, Interesting

    Its hard to deny that MS has gotten where is has through quality or good practices. I hope the EU does what we should have, and slaps them hard on behalf of all the consumers and competitors they have swindled.

  2. Re:But what about...? by betterunixthanunix · · Score: 4, Informative

    In all likelihood, Microsoft would not actually remove IE, they would just create a registry key that enabled or disabled the web browser functionality. Such a key might already exist, put in place just in case the US government demanded that they remove IE from Windows.

    --
    Palm trees and 8
  3. Re:But what about...? by magsol · · Score: 4, Interesting

    They might be able to get away with obeying the court's decision (provided that is there decision...there's still time for Microsoft to bribe them like they did at ISO for OOXML) for every release of Windows from 7 onward. I somewhat doubt - unless the EU is really that hellbent on punishing Microsoft for all its evil deeds - that the order would be retroactive for all previous versions of the operating system.

    --
    "I'd just like to emphasise that taking a million years isn't a metaphor here..." -Rich Bradshaw
  4. 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 Pinckney · · Score: 5, Informative

      A Browser will be bundled with virtually all preinstalled systems by the OEM.

    2. Re:How? by juancnuno · · Score: 3, Interesting

      With Windows Update? The average computer illiterate can choose from Internet Explorer, Firefox, Safari, Chrome... As an additional bonus, users will get used to installing programs from trusted channels instead of from any .exe they find on the Internet.

    3. 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.

    4. Re:How? by kwark · · Score: 2, Interesting

      As far as I'm concerned MS still can bundle IE, I only need the ability to uninstall it after downloading $otherbrowser (and no, removing the IE shortcuts is not enough).

    5. 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.'"
    6. Re:How? by drinkypoo · · Score: 2, Informative

      As far as I'm concerned MS still can bundle IE, I only need the ability to uninstall it after downloading $otherbrowser (and no, removing the IE shortcuts is not enough).

      This is a stupid argument and you are a stupid person for having made it. HTML help and the Windows Explorer are two of the major applications which depend on IE. Unreal Tournament embeds IE to display the news. Winace embeds it to display its tips at start. You cannot "uninstall" IE from Windows without breaking not only Windows, but also a huge percentage of contemporary Windows applications.

      The most you could possibly accomplish in a reasonable fashion would be to remove the iexplore.exe executable. This would still prohibit you from using Microsoft/Windows Update, which is a big loss.

      Windows and Windows applications cannot today function without an embeddable web browser. Developers want to be able to embed a browser and Mozilla's embeddable support has never been better than flaky at best. I have personal experience patching applications to use Mozilla embed instead of IE, and sometimes it works, and usually it doesn't. (If all they do is embed a whole page, it works. Anything else will probably fail.) To force Microsoft to make a broken version of Windows when the only ACTUAL problem is that they strongarmed OEMs into not bundling some other browser which would work fine anyway is to follow up wrong action with more wrong action. Fine them, invoke the corporate death penalty, but don't make it impossible for them to do business - if you really think that is the remedy, then make it impossible for them to do business at all, and stop allowing them to sell their products in your country/union.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:How? by Jesus_666 · · Score: 3, Interesting

      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.

      It sure is. But it also means that people are compelled to use the browser you bundled simply because it's always there. The rules are different when you're a monopolist as even something you throw in as a convenience feature could severely impact markets.

      In this case Microsoft should't even be hit too hard - MSHTML will still be in the OS simply out of neccessity; it's simply the web browser GUI that gets axed. The only thing that would really break are badly programmed applications that ignore the default browser setting and directly call iexplore.exe.

      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.

      So essentially any program that ships on a Windows install DVD is sacrosanct for all times because it's part of the base install? If not, who decides which programs are neccessary for a modern operating system and which aren't? If we go by the classical OS definition, not even a GUI is required for an operating system; a mere hardware abstraction layer with process scheduling would suffice. We could go for an ISO standard, but that would require a committee and five years of deliberation time (plus ISO has been shown to be bribable).

      It's possible to use Windows productively without using Internet Explorer so I'd guess having IE as part of the base install is not really necessary, especially as OEMs will bundle either IE or other browsers when building their systems.

      I don't buy the argument that it's acceptable because they are a monopoly. Either fine the shit out of them,

      Useless. If the EU whips up fines large enough to destroy Microsoft it'd either get hit by sanctions via WIPO or Microsoft would simply withdraw from the EU and work doubly hard to ensure its monopoly in other parts of the world - and complete incompatibility with all open standards to force Europe to import Windows anyway. If the fines even get through; Microsoft would make sure that the appeals suit would take decades.

      invoke the corporate death penalty,

      Impossible; Microsoft is not a European company and the EU is unlikely to take over the USA anytime soon. The EU can attack Microsoft's local subsidiaries but that's scarcely going to kill the corp - and, again, would probbly create bad consequences as the USA wouldn't appreciate such actions against one of the government's larger sponsors.

      or leave them alone.

      Which essentially means they can do whatever they want because the US government is bought off and nobody else has the power to outright destroy them. That's not a terribly good idea as Microsoft still controls the desktop OS market and is known to put any monopolies it has to their fullest use. Having Microsoft dictate the terms of desktop computing is not going to help the European IT industry in any way so there's little incentive to let it happen.

      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.

      Completely stopping their business is okay but restricting it is wrong? By that logic, judges shouldn't issue restraining orders anymore because everyone should be either completely free or dead.

      It's not like nobody would buy Windows anymore because it doesn't come with a browser. Every OEM will bundle something so for virtually everyone Windows still does come with one and the rest

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  5. Choice of alternatives at first run by Coopjust · · Score: 4, Informative

    IIRC the way Windows XP N was in Europe was that the user was presented with a choice of several non Microsoft media players at first run.

    Nobody actually bought N (well, no OEMs, I'm sure a few people did out of principle). My guess is Microsoft tries to offer that as a combined product/SKU with the "no media player" editions and, failing that, it'll get it's own SKU.

  6. If they pull this off, I want a copy! by linebackn · · Score: 2, Insightful

    The European Commission were the ones that actually got them to make "Windows N" without media player. And in that case I think MS could have actually left a few core "system-ish" files and still have met their requirements.

    This time let's see a version of Windows that doesn't have MSHTML.DLL, SHDOCVW.DLL, or even WININET.DLL. Then perhaps developer finally will stop embedding IE or calling these files bypassing users choice of browser... Or perhaps not. Did Windows N actually ship to stores or get preloaded anywhere?

    Well, I guess I will just have to stick with Windows NT 3.51 and Windows 95 if I want that sort of thing. :P (BTW, Mozilla SeaMonkey 1.1.14 works great on these!)

  7. Re:But what about...? by hairyfeet · · Score: 2, Interesting

    Nah, they wouldn't have to go that far. I'm sure the nice folks at Opera(and Mozilla as well) would be happy to settle for having Opera and Firefox preinstalled along with IE on a default Windows install, and then letting the user decide which one they wanted. Then they wouldn't have to rip IE out and Opera couldn't claim an unfair advantage, since their browser was right there on the desktop besides IE. Shouldn't be hard to add Opera to the disc image either.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  8. Re:But what about...? by rolfwind · · Score: 4, Interesting

    Removing IE breaks a lot of functionality in XP, so I doubt they can simply have bundled and unbundled product lines like they do with WMP. Windows would require massive retrofitting to make IE that replacable.

    They tried that defense (intimately tied to the OS) at the original antitrust trials and an expert was able to remove IE back then in less than an hour.

    The FACT that Microsoft has made IE more indespensable to windows, not less, pretty much is giving the Justice Department a big middle finger. No Linux distro I know of nor OS X fundamentally needs it's OS to do updates or anything like that. It's just BS on MS's part.

    I hope they get shafted by the EU, since I feel shafted everytime MS forces me to use IE for one of their piddly little tasks.

  9. 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.

  10. 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!)

  11. Re:But what about...? by Snowblindeye · · Score: 4, Informative

    Removing IE breaks a lot of functionality in XP, so I doubt they can simply have bundled and unbundled product lines

    As other posts pointed out, it's not clear if that's even true. If it is, they can always remove the the browser application, while leaving the browser components in.

    But there might be another option. Instead of removing IE, they could bundle other browsers, or an installer that will get other browsers, into the default windows install.

  12. You don't need a browser to download by similar_name · · Score: 4, Informative

    Why does everyone think you need a browser to download something. It's not like HTTP is a protocol made for downloading files.How about FTP, p2p, or an add/remove programs that actually adds programs.

    It doesn't have to be hard. I cannot believe so many people on slashdot actually think you need a browser to download a file. A lot of times a browser uses FTP anyway to download something. Now I will agree that most people have become accustomed to having a browser pre-installed. I'll even agree that it can be useful. But it absolutely is not necessary for downloading.

    1. Re:You don't need a browser to download by ljw1004 · · Score: 2, Insightful

      An "add/remove programs" that actually adds programs?

      So your proposed solution to the anti-trust action is for Microsoft to become a central channel for distributing and installing third-party software, rather than leaving that to the third parties?

      Seems like that would be even more anti-trust.

    2. Re:You don't need a browser to download by RulerOf · · Score: 2, Interesting

      add/remove programs that actually adds programs.

      I was floored when I found out that it actually could. Applications (in the form of MSI files) can be advertised using group policy and made available based on Active Directory group membership. As cool as it is, sadly though, self provisioning of applications doesn't facilitate license compliance or dumb users very well.

      --
      Boot Windows, Linux, and ESX over the network for free.
    3. Re:You don't need a browser to download by Serious+Callers+Only · · Score: 3, Informative

      Your grandmother will buy a computer with a bundled OS, with a web browser included (Windows, Linux, OS X, whatever).

      What should be questioned here is the underhand practice of secret OEM contracts, which force OEMs to accept exactly the bundle that MS dictates is acceptable. For example they're not allowed to bundle other browsers. Those same contracts forbid bundling another operating system like Linux with MS products, etc etc. While I understand the reasoning for MS to want to control their distribution and the software that goes with it, but they have forfeited that right by their persistent use of it for anti-competitive ends.

      If OEMs are allowed to bundle their choice of browser, and remove the built in IE exec (leaving the rendering libraries in place for any other apps that use it), everyone (apart from a certain anti-competitive monopolist) would be happy.

    4. Re:You don't need a browser to download by Blakey+Rat · · Score: 2, Informative

      I haven't used Vista that much and have an honest question. If this is true can I uninstall IE in Vista?

      Depends on what you mean by "uninstall."

      If you mean, "does it appear in Remove Programs control panel?" then the answer is no.
      If you're asking, "can I delete iexplore.exe and all shortcuts/file associations for it?" then the answer is yes, but you could also do this in XP or 2000, so nothing new here.
      If you're asking, "can you remove mshml.dll and still have a functioning copy of Windows?" then the answer is no.

      IE on Windows is like Safari on Mac. You can remove the front-end IU for it, but you can't remove the HTML rendering libraries-- too many other parts of the OS rely on it.

      Besides, I have a sneaking suspicion that w/o IE built in OEM's would just preinstall a browser of their choosing. I doubt the end user would have to do it themselves.

      The OEM could do that now, but they don't. This decision from the EU won't change anything there.

  13. Re:How do they get a browswer with a fresh install by Tubal-Cain · · Score: 2, Informative

    OEM preinstalls.

  14. Re:YOU DONT NEED A BROWSER TO DOWNLOAD SOFTWARE by KermodeBear · · Score: 2, Insightful

    A package manager? Okay. Sure.

    Microsoft then makes a Microsoft Package Manager, and distributes it with Windows.

    Next thing you know, some company goes, "zomg! Microsoft is so evil, they're not including MY package manager! I'm going to sue! Waaaaah!"

    Then what? Seriously, when does it stop?

    --
    Love sees no species.
  15. 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

  16. 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.

  17. Microsoft is not "pretty much a de facto monopoly" by Tibor+the+Hun · · Score: 4, Informative

    From a ruling in 2001, they are certainly a monopoly, and have abused that status.
    Link.

    --
    If you don't know what AltaVista is (was), get off my lawn.
  18. Illegal Bundling of TV Remotes by Carcass666 · · Score: 2, Insightful

    I personally look forward to when TV's are no longer sold with remotes. Only when we stop the unfair bundling of remotes with TV's will consumers be forced to no longer accept "good enough" remotes when far better remotes are available for purchase.

    Personally, I find the whole IE bundling witch hunt paternalistic. Let Opera, or whoever, advertise their products in the marketplace, and get people to buy them. Firefox did that full-page ad and that did far more to increase its market exposure and usage than all of the thousands upon thousands of dollars wasted on anti-trust litigation.

    1. 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.

  19. Re:Leave the DLLs, I say. by armanox · · Score: 2, Informative

    My point exactly - bundling isn't a necessity. And, because of lack of bundling, we have choices. apt-get install lynx (or yum install or rpm -hiv or emerge) is just as simple, removal is simple, and, wait, we can chose a default browser rather then being given one!

    --
    I'm starting to think GNU is the problem with "GNU/Linux" these days.
  20. 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.

  21. Re:When is someone going to point out... by VertigoAce · · Score: 2, Interesting

    If you want the terms of use for Microsoft software, here they are: http://www.microsoft.com/about/legal/useterms/default.aspx.

  22. Re:what the hell? by linebackn · · Score: 2, Informative

    "If Windows doesn't come with a web browser, how do you get one?"

    This is asked and answered in several places, but there are a variety of easy ways this can or could be done.

    * First, OEMs would pre-install their choice of web browser(s) for you.
    * Get a CD-ROM with the software from your vendor (Firefox and IE are available on CD
    * Windows could get with this century and add a friendly non-browser based package manager.
    * A simple auto-downloader (double-click an icon and it grabs the file).
    * Other, optional, file sharing applications - could be P2P or even just a friendly GUI FTP program.
    * Start with IE installed, download another browser, then uninstall IE (if IE were truly optional you could do this).
     

  23. Re:There is no desktop web browser market by calmofthestorm · · Score: 2, Insightful

    Reminds me of when MS was making rumblings that Linux was illegally undercutting them by giving it away for free...

    --
    93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
  24. Antitrust my you know what. by john.picard · · Score: 2, Insightful

    It is very dangerous when rulings like this come about. Who is to define when bundling of one product with another constitutes antitrust violation? When Apple "bundles" Safari with Mac OS X, is that antitrust? When you install Ubuntu and Firefox is "bundled" with it, is that antitrust? When you install a text editor and syntax highlighting files for a bunch of languages are "bundled" with it, is that antitrust? What about Solitaire? Can that be bundled? Why the emphasis on the browser? Because Opera feels it inconvenient that Windows already comes with a browser?

    Let me tell you something. I found out about Opera when it was in version 3. Back then, you could use it for 30 days (if you didn't use it during a day, it didn't count against your 30 days), and if you liked it, you had to pay. Shareware. Their marketing message at the time was something along the lines that, we're so sure you'll like the speed of our browser, here are the links to download Internet Explorer and Netscape Navigator. Try and compare. And they were absolutely right. Their browser was faster in every respect, leaner, smaller, tighter. When you clicked a file to download it, it immediately began to download, while you were selecting the destination. Contrast that with IE and Netscape of the time, which waited until you took half an hour to navigate to where you wanted the file before they even started. Page rendering was faster. The interface was uncluttered, simple, quick, easy to use. It was a wonderful product. I continued upgrading through versions 4, 5, 6, and 7. At some point in there, it stopped being shareware and became free software. And at some point, I stopped using it and moved on to Firefox. The reason was simple. The browser grew and began to include all kinds of bells and whistles. The interface became cluttered. Too much junk in my opinion. I am sure that some people like that, but for me, the very reason to use Opera was that it was the opposite of these other bloated browsers. It became IMHO what I was trying to get away from. Don't get me wrong. In the 5 or 6 or 7 years that I used Opera, it was a lifesaver. It was a joy to use, much, much, much better than the alternative (which at some point between the demise of Netscape and the first release of Firefox, was only IE or very crippled browsers). I just think they should have concentrated on having the tiniest yet fully featured browser, lightning fast, low memory usage, etc. So they could keep linking to the IE download page, because they could be so sure and correct that their browser kicks the pants off the competition. Unfortunately they chose the legal route, which is always a bad thing.

    Back to Microsoft. If due to some court case, Microsoft is not allowed to bundle anything together, then soon nobody will be allowed to bundle anything together. This will be horrible! Besides, if you buy computer with Windows OS and there is no browser bundled with it, how in the hell are you supposed to download a different browser? 99.9% of computer users will NOT know how to download a browser without first having one with which to download one. In fact, even if you were going to compile wget from sources, you'd still need a browser to get the sources and the compiler. This is an example of courts, companies, lawyers, who have no clue about computers (and think the monitor is the computer) just trying to play the lawsuit lottery against Microsoft. Face it. They no longer have a monopoly. Apple is nearly at 10% of the market. Linux has some share. The *BSDs have some share. People DO have a choice now. If they don't buy an Apple (which is dead simple to use and doesn't cost more than a comparable "PC" machine), and if they don't want to learn Linux (or won't or can't) then it is their choice to use Windows. And there is no monopoly in the browser area either. With IE, Konquerer, Firefox, Chrome, Opera, Safari, shit the list goes on and on. What monopoly? This is not antitrust. This is bullshit. Sorry. I LOVE Opera. Opera 3 especially. It has come a long way since then, many improvements, but the fact is that when all was darkness around and Opera shone some light on the Internet by making it actually bearable to use rather than the horror that was IE or Netscape, but I am no fan of this lawsuit.

  25. Re:When is someone going to point out... by thetoadwarrior · · Score: 2, Insightful

    Yes a list of software licences not easily found on their site will really help when someone is deciding what to buy at the shop or when installing an OS and leaving them with no internet service at the time.

    Sure they could research this beforehand but what I've learned from the Ubuntu laptop topic is that the average person is a moron and fans of MS think this is acceptable. Which means they'll never find that URL so it effectively doesn't exist. Which makes MS happy because they, like most software companies, don't want people to realise software licences are shit.

  26. Re:Microsoft products ARE better by thetoadwarrior · · Score: 5, Funny

    That's not true AT all. IE became dominant because IE 4.x was much, much better than NN was as IE had a fully programmable object model and NN was stuck with a partially programmable one. Remember document.write?

    I wish I could forget but that's all grandma will talk about if you mention computers.

  27. Re:But what about...? by Jurily · · Score: 2, Insightful

    Shouldn't be hard to add Opera to the disc image either.

    Yeah, until all the other browsers in existence start complaining. I want Konqueror on that image as well!

  28. 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.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  29. Re:Coming up next... by thetoadwarrior · · Score: 2, Informative

    and they come with browsers too...

    Which can be uninstalled.

  30. Re:But what about...? by Plunky · · Score: 2, Insightful

    Perhaps not, but I bet they use TCP/IP stacks and such that are built into the OS, and I bet the user interface is displayed using GUI libraries that are supplied as standard. Desktop operating systems didn't always come with TCP/IP stacks and GUI libraries, and people used to sell products that supported such features as add-ons.

    And, if you think that your super TCP/IP stack is better than the native kernel version, you are free to make your own distro that includes it. If you have a GUI that is way better than X, you are free to make an OS that includes the basic Linux kernel and whatever software you can find that uses your GUI. You can even pay a licence and put commercial software on your distribution and sell it for whatever you want. Cool eh?.

    I wonder how all the Linux geeks here would feel if several popular distros converged to leave one dominant player that most people used because it came with everything they could possibly want, and then a minor player sued and the main distro was forced to unbundle everything from the Linux kernel and GNU tools.

    Such a think would not happen, because a minor player can make their own distribution and float it on the marketplace. If a major player is found to be supressing competition unfairly then of course they need to be taken down. If they are just better than you then sucks to be you.

  31. Gawdamit by Almahtar · · Score: 4, Informative

    And I have mod points...

    People are drastically missing the point here. Nobody's punishing Microsoft because they're Microsoft, and nobody's saying you can't bundle a browser with an OS.

    The facts are these:
    1. You can't leverage a monopoly in another market.
    2. Web browsers and operating systems are separate markets.
    3. Microsoft has the monopoly on Operating Systems.
    4. Microsoft leverages their Windows monopoly to further their browser market share.

    So nobody is saying Microsoft can't bundle a browser - they just have to provide options. Make it so you can choose your browser on install, make it so the OEM can choose a browser to bundle with default installs, whatever. Some sort of choice. You can bundle fifty browsers if you want. Just don't bundle your own and only your own.

    As of now the problem isn't that Microsoft is bundling a browser, it's that they're bundling only their browser and offering no options to anybody.

  32. 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.

  33. It's not a complete OS without the browser by an.echte.trilingue · · Score: 2, Interesting

    As a web developer, I really and truly hate Microsoft from the bottom of my heart for the steaming pile of incompatibility that is IE.

    However, I cannot conceive selling a consumer/business OS without a web browser these days. From the end user perspective, browsing the web is simply a piece of basic functionality. What's more, it would make windows the only consumer grade OS that does not have a browser after installing a graphical environment. OS X has safari. The major desktop environments for *nix have a browser by default (galleon or konqueror) or the distro has added one (firefox in xubuntu, for example). Even damn small has dillo.

    Technically, it does not make much sense to yank the browser out. If I understand correctly, Trident draws much of the windows desktop anyway, so it is a small step to wrap a window around it and call it a browser.

    No, today the browser is just part of the OS. The Commission's directorate general of anti-competition (DG Comp, for those who hang out at Schuman) missed the boat on this one. They should have been fighting this fight a decade ago. Today is too late.

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    1. Re:It's not a complete OS without the browser by cp.tar · · Score: 2, Insightful

      No, today the browser is just part of the OS.

      No, it is not.

      It is a part of the Windows OS. To be more accurate, the underlying technology is an important part of its UI. AFAIK, no Linux distro integrates any kind of browser in that manner, though with some of Mozilla's newer technologies, I don't find it all to improbable.

      It is true, though, that now it is much too late for any kind of useful decision to be made. Which is what Microsoft has counted on all along.

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    2. 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...

    3. Re:It's not a complete OS without the browser by Insanity+Defense · · Score: 2, Insightful

      IE is no more 'integrated' than, say, khtml+Konquerer, or WebKit+Safari are.

      Konquerer is integrated into KDE which is a desktop environment. KDE is not integrated into the Linux kernal. Under the License for KDE/Konquerer the source is available and anyone with the appropriate skills and resources can create their own version of KDE with their own browser, even Microsoft. Also you can use Linux with other desktop envrionments, Gnome for example.

      IE (according to Microsoft) is integrated into the core OS and is inseparable. No one other than Microsoft can produce a version of Windows with another browser substituted for IE. Microsoft even has a history of forbidding OEMs from installing another browser. Can you use the Windows OS with a different Desktop Environment?

      Now why did Microsoft integrate IE into Windows? To block competition while avoiding true compliance with the order not to bundle IE with Windows. By integrating they made it impossible to unbundle it and substitute your own free choice.

      So the circumstances are different.

  34. Re:Bundling doesn't stop consumer choice. by amorsen · · Score: 2, Informative

    From a consumer perspective, that a Linux distribution comes with Firefox is not really any different than a Windows distribution coming with IE. In both cases, I can go and get and use the browser that I want to use.

    There are two key differences. First, monopolies have to play by stricter rules than everyone else. Second, almost every Linux distribution comes with more than one browser, and an OEM is generally allowed to remove those and replace them with their favourite (or just ship without a browser). OEM's can't ship Windows without IE.

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  35. 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.

  36. Re:Coming up next... by amorsen · · Score: 2, Informative

    If you're an OEM, you can just remove whatever the distribution picked for their browser and replace it with Opera. Microsoft doesn't let you remove IE.

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    Finally! A year of moderation! Ready for 2019?
  37. Re:But what about...? by Bearhouse · · Score: 2, Interesting

    Removing IE breaks a lot of functionality in XP,

    You're joking, right? Try XPlite, for example:
    http://www.litepc.com/
    Works as advertised.

    Any number of shells exist for replacing windows explorer, too. Most actually have *more* functionality.

    Anyway, they don't need to remove it - just deliver XP - or, probably be more relevant to be talking about Vista - with alternative browers installed as well. Opera, Firefox, Chrome.

  38. 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.

    --
    weirdest thing I ever saw: scientology advertising on slashdot.
  39. 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.

  40. Re:But what about...? by LingNoi · · Score: 2, Insightful

    It has a long history of pushing for H1B visa increases intended to reduce the average wage of skilled tech workers

    If you think that by reducing H1B visas that employee wages will increase then you're gravely mistaken.

    What is going to happen is that more and more jobs will be outsource to other countries. No problem for me seeming as I work in one of those other countries so will be happy to take the work.

    If you need an expert in a certain field and all you have is joe blow half decent php programmer then you need to import people.

    The more smart people that the US can convince to come over the better it will be so I don't understand why you'd have a problem with this unless you're complaining because all those smart people are making competition for you.

  41. Forgetting Embrace, Extend & Extinguish? by lazynomer · · Score: 2, Insightful

    A major part of Opera's complaint was explicitly the "Embrace, Extend and Extinguish" strategy in conjunction with bundling. It seems this argument is now often forgotten in news and discussions.

    The problem is more complex than "Oh, don't be anal, what's so terrible about bundling, you gotta have bundling." Can't you remember our discussions? How a monopolist breaking standards hurts us all?

  42. Re:But what about...? by MtViewGuy · · Score: 2, Insightful

    If the EU wants to be consistent, they would have to require Apple to remove iTunes, Safari and iLife from every Mac delivered in Europe. That means you either have to download it or buy the software as a separate cost item.

    In the end, I think what EU really wants is to strip down Windows 7 so it has the same functionality as the first release of Windows 95--you have to install the web browser, media player and possibly the fast disk search functionality separately.

  43. Re:But... by gbarules2999 · · Score: 2, Insightful

    When you first start up Windows 7, it has a little task list for you, like "Get Anti-Virus" and whatnot, in the bottom right corner. They could very easily make a little app that downloads a browser for you, and remind you to "download a browser - click here."

  44. 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.

  45. Re:Remind me again... by 99BottlesOfBeerInMyF · · Score: 2, Informative

    ...how it is that the courts in America ruled that Microsoft was ok to keep bundling IE with Windows, while Microsoft's hopes in the EU when faced with the same issue is basically nil?

    The thing is, the US courts didn't rule that it was ok for MS to bundle IE and Windows. They ruled it was criminal. Then, a new crop of politicians were elected and MS was one of the largest donors to their reelection funds. They replaced the people prosecuting MS and the punishment for MS's illegal bundling was no to be broken up so they couldn't do it again, but instead to not even be stopped from continuing the crime. Rather, the punishment was a very small fine and basically nothing else. This proved to companies around the world that the US court system is useless for getting judgements against rich corporations if you're not quite as rich. As a result American companies started complaining to the EU about other American companies rathe than bothering with the US courts. The EU, you see, was actually handing down the occasional useful verdict.

    Since the US courts and several other courts have already convicted MS of this particular crime and most of the important facts have already been proven in the last case, MS has little or no chance of getting off scott free. The real question is if they will just end up fining them a pile of cash or if they will enforce a punishment that will do good in the long term, like forcing them to de-bundle or adhere to standards as decided by an independent watch group.

  46. Re:When is someone going to point out... by commodore64_love · · Score: 2, Funny

    This is why I pirate. It's a form of protest against software, music, or video makers who happily take my money but refuse to provide any kind of guarantee for return. Even food manufacturers provide a "satisfaction guaranteed or money back" warranty. There's no reason why software, music, and video companies can't do the same.

    Oh, and posting the terms on an internet site is worthless for customers who don't have internet. The terms should be revealed at point-of-sale, not hidden inside the box. It's just a way to entrap the customer and raid wallets.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  47. Re:Leave the DLLs, I say. by init100 · · Score: 3, Informative

    I have an idea. Let's go and sue Linux distributions for bundling free and open source browsers with it, because it wrecks the market for my $40 closed source browser!

    Sure, go ahead. Daniel Wallace tried that a couple of years ago, with a very similar argument. He claimed that he wanted to sell his own operating system, and that the GPL amounted to price fixing at zero, and thus Linux was hindering him from selling his own OS.

    In short, the court didn't like that argument. He tried to amend his complain several times, but those amended complaints didn't fly either. But if you feel like paying for nothing, go ahead and sue.

  48. Re:omg so red by baboo_jackal · · Score: 2, Insightful

    The absurdity of this is overwhelming. Nobody ever thinks about why Opera is doing this - it isn't because they love "the people" and want to ensure they get a good browser. It's because they really want some more of that money (yes, yes, Opera is free - I understand their revenue model). What a great way to abuse a bloated bureaucracy - if you can't defeat your competitors in the open market, then get government to handicap them for you.

    But seriously, how the does EU "law" even work? I'm not even going to insult Hammurabi by calling them "laws." I'm going to henceforth refer to EU ruling as "Lord Fauntleroy's Whims".

    So lemme get this straight: They ruled in 2002 that MS had to decouple IE from Windows, and allow users not to have it as the default browser, yadda yadda yadda, all so other browser makers could "compete." And I'm really sure that your average user, when confronted with an OS with *no* browser is really going to go comparison-shopping. No, I'm pretty sure it goes like this: "WTF!? Der Komputer hat keine browser!?! Ich moechte god damned IE!" *downloads IE.*

    Anyway, so now, the commission has *further* decided that Microsoft can't even include IE at all, because Opera bitched about it? Seriously, when does it end? When Opera's happy? What's next?

    "EU rules that Microsoft Windows 7 runs too fast, looks too pretty. Due to a complaint from Sun who said that Microsoft is abusing their ability to produce good software that runs well, the EU has ruled that Microsoft must write an "Uglification and Slowification" patch within 15 minutes or else be fined 1 Hojillion Euro per second until they do." Ugh.

  49. Re:Remind me again... by Elektroschock · · Score: 2, Insightful

    Look in this case it is more like they have their criminal and have a reason, a formal reason to imprison him. It is like Al Capone and the tax authorities.

    Microsoft went ballistic against EU institutions and opted for a burned soil scenario. If you negotiate that hard and fool administration it will fight back and they will stab you in the back without mercy. This is exactly what is happening now.

    The Opera complaint was cheap but fun. So they make some fuzz. Note that the Commission is in the lame duck period so they actually do what they always wanted to do and slap ruthless lobbyists in the face. In the end playing evil could pay off, this time for the Commission.

    Suum cuique.

    Look what Commissioner Reding is doing now with the Telcos, fixed price for roaming. The Telco lobbyists slaughtered her Telcom directive package and the content mafia also took advantage of it. Now the leaving Commissioner places some bomb traps for them.

    Because administration needs to educate companies that just don't behave. Microsoft, Exxon and Tobacco lobbying is about to crater. They crossed the line.

  50. Re:But what about...? by Blakey+Rat · · Score: 2, Insightful

    It's the IT version of the moronic "those illegal immigrants are stealing our jobs!" idiocy. Possibly racism, too. I love the H1B visa program; our QA team consists of a Chinese woman, a Indian woman, a Armenian man, and an British man, all top-of-their field. The H1B program is the kind of "mixing pot" laws that made America great, and will continue to do so.

  51. Re:omg so red by 99BottlesOfBeerInMyF · · Score: 2

    The absurdity of this is overwhelming.

    What's absurd is the average Slashdotter's understanding of economics and antitrust law.

    Nobody ever thinks about why Opera is doing this - it isn't because they love "the people" and want to ensure they get a good browser.

    This is both a strawman and irrelevant. It's like arguing that when Opera calls the cops after someone robs their office no one thinks if they're doing it out of love of the people. Of course they aren't, but that doesn't mean people think they are and it doesn't mean we shouldn't enforce either antitrust laws or theft laws because of it. Sometimes when people act in their own best interests (like reporting a theft of their property) the laws can work in the best interests of that company and society.

    It's because they really want some more of that money.

    Gee really? Corporations want money? Thanks for the inside info genius.

    ...if you can't defeat your competitors in the open market, then get government to handicap them for you.

    Yeah, I also get the government to handicap the mafia for me by forcing them to obey the criminal law codes that apply to everyone.

    But seriously, how the does EU "law" even work?

    So let me be sure understand you. You don't know how the law works, but you though instead of learning you'd come to Slashdot and post about how stupid the laws you don't understand are? That's just brilliant.

    I'm not even going to insult Hammurabi by calling them "laws." I'm going to henceforth refer to EU ruling as "Lord Fauntleroy's Whims".

    Yeah those whimsical europeans copying american antitrust laws almost exactly. What nonsensical hilarity.

    So lemme get this straight: They ruled in 2002 that MS had to decouple IE from Windows, and allow users not to have it as the default browser, yadda yadda yadda, all so other browser makers could "compete."

    Umm correct assuming the "they" in your sentence is the US court system.

    And I'm really sure that your average user, when confronted with an OS with *no* browser is really going to go comparison-shopping.

    You think users would be involved, how cute. Guess what users generally never install Windows and the same magical fairies that install Windows on computers (OEMs) are probably going to put a browser on as well.

    Anyway, so now, the commission has *further* decided that Microsoft can't even include IE at all, because Opera bitched about it?

    No, the commission has decided that MS bundling Windows and IE seems to be illegal. This isn't terribly surprising since the US already convicted them of the same crime and so did several other countries. The EU has just convicted MS of other crimes regarding other antitrust abuses. The EU just notified Microsoft that they're going forward with the complaint and gave them a couple of months to respond before they go ahead with the prosecution.

    Seriously, when does it end? When Opera's happy? What's next?

    When MS stops breaking the law and changes their business model to a legal one. So far MS has been intentionally breaking the law and paying the fines and settlements under the assumption that the courts are weak and ineffective. The US proved them right since after MS very large campaign contributions all their legal problems magically went away there. It has come to the point where american companies like Sun take MS to court in the EU because they have no confidence in the US court system. Hopefully the EU will effectively punish MS to the point that they stop their illegal actions and level the playing field.

    I don't know if you've noticed but Web technologies pretty much suck these days. Web pages still use half completed versions of decade old specific