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EU Could Force Bundling Firefox With Windows

Barence writes "The European Commission could force Microsoft to bundle Firefox with future versions of Windows. The revelation came as part of Microsoft's quarterly filing with the Security and Exchange Commission. Among the statements is a clause outlining the penalties being considered by the European watchdog, which recently ruled that Microsoft is harming competition by bundling Internet Explorer with Windows. The most interesting situation outlined in the filing would see either Microsoft or computer manufacturers forced to install Firefox, Chrome, Opera and Safari by default alongside Internet Explorer on new Windows-based PCs."

23 of 650 comments (clear)

  1. And What of the Others? by eldavojohn · · Score: 5, Insightful

    The most interesting situation outlined in the filing would see either Microsoft or computer manufacturers forced to install Firefox, Chrome, Opera and Safari by default alongside Internet Explorer on new Windows-based PCs.

    What about Maxthon, Flock, Amaya, SeaMonkey or Avant Browser? And that's just to name a few ...

    I think you're kind of riding a slippery slope with this mentality--how could another browser (like Firefox's rise to marketshare) ever make it now that the top few are being bundled? You're not fixing anything. I would argue that they shouldn't release it with any browsers default installed and instead give them a package manager (similar to many Linux distributions) that allows them to step through a wizard process to download browsers from trusted sources based on an ever changing list (or conf file if they really want to change that).

    --
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    1. Re:And What of the Others? by Nicholas+Evans · · Score: 4, Insightful

      It's not about fixing anything. It's about being childish and spiteful.

      And goddamn, it's funny.

    2. Re:And What of the Others? by Frag-A-Muffin · · Score: 5, Insightful

      I would argue that they shouldn't release it with any browsers default installed and instead give them a package manager (similar to many Linux distributions) that allows them to step through a wizard process to download browsers from trusted sources based on an ever changing list (or conf file if they really want to change that).

      Right. Cause this is oh-so-user-friendly. If you were to ask 1000 "regular computer users", I'd bet over 50% wouldn't even know what a browser is. They think their computer *IS* the internet!

      The only real solution is to let the VAR (ie. dell, hp, compaq, gateway, etc. etc.) bundle whatever they want. (which is what they've wanted to do for a while, but couldn't, else they'd get hit for higher prices for their OEM deals on the 'doze licenses)

      --

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    3. Re:And What of the Others? by ShieldW0lf · · Score: 4, Insightful

      How does this action satisfy the Opera folks who requested it?

      By forcing the users to make a choice, it allows Opera to attempt to sway users to choose them.

      If the EU were wise, they would establish a repository that they fund, obligate MS to have their OS connect to this repo when offering the user the choice of browser, and allow browser creators to have their offering added to that repository. They could keep network costs low by allowing ISPs to mirror the repository, and they could offload administrative costs by requiring the browser creators to pay a reasonable fee when their browser is added.

      The solution they're describing isn't really going far enough, because in a sense it transforms a monopoly into a cartel, with members chosen by the EU.

      --
      -1 Uncomfortable Truth
    4. Re:And What of the Others? by Chyeld · · Score: 5, Insightful

      Well, lets see.

      Maxthon and Avant are based on the Trident Layout Engine built into Windows. So including them in the list wouldn't exactly resolve the "You are forcing IE on people" complaint. While they do have their own code base, it's still based on the same engine from Microsoft.

      Amaya is a test bed application for the W3C, I'm sure it's lovely for the few people who use it as their main browser, but it's not exactly what you'd foist onto the general poplulace.

      Flock and SeaMonkey are both based on Mozilla (aka Firefox). And while they add value to the Firefox proposition, if the point is to provide an alternative to IE then both of them are 'over qualified'.

      And while I agree with the arguement that a solution would be to not ship with anything installed and simply install their own, there are numerous disadvantages to that that you are overlooking. Such as the fact that most people new computers aren't going to know which one they want and simply pick the top one on the list. Who do you think that's going to be?

      In fact, while I also agree that if this happens and the list is codified as the summary and article presents, it would hamper new comers, the truth is that covering the 'top' browsers also covers the top engines that 90% of the rest of the crowd use anyway.

    5. Re:And What of the Others? by 99BottlesOfBeerInMyF · · Score: 5, Insightful

      How does this action satisfy the Opera folks who requested it?

      It doesn't completely, but it does help them significantly. Bundling Firefox with Windows means developers can count on all new machines shipping with a reasonably standards compliant browser and they can instruct people on how to switch to using it if they visit a age using IE without them having to download and install software. This promotes standards on the Web and means Opera can start spending less development money on working around the intentionally broken Web and more making real improvements to their products. If you recall, intentionally subverted standards were a big part of Opera's complaint.

    6. Re:And What of the Others? by ianare · · Score: 5, Insightful

      I know this gets brought up ad nauseam, but it is pertinent to your comments : MS is a monopoly, and as such is regulated by a different set of rules and standards.

      NOT regulating a monopoly leads to disastrous consequences for all involved.

    7. Re:And What of the Others? by oldspewey · · Score: 5, Insightful

      Seeing IE's market share drop is always nice for clueful web devs.

      Fixed that for you.

      I know plenty of web developers who create horrible, broken pages because they render nicely on IE. When I say something along the lines of "you're not even close to being XHTML complaint" they respond with something along the lines of "I hate Firefox! I can never get my layouts to look nice."

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    8. Re:And What of the Others? by oldspewey · · Score: 5, Insightful

      Come to think of it, it would be poetic if all the EU member states rewrote every single one of their government web pages in order to make them all 100% XHTML 1.0 Strict ... every government service, every government program, every application form, every information page, hopelessly inaccessible unless you are using a browser that actually renders properly.

      Never mind forcing MS to bundle a different browser. Force them to follow standards.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    9. Re:And What of the Others? by MindlessAutomata · · Score: 5, Insightful

      The truth is people here want to cripple Windows to boost Linux adoption.

    10. Re:And What of the Others? by jedidiah · · Score: 5, Insightful

      > Go get your browser packaged in an operating system by virtue of it's quality, not by virtue of law.

      That never stopped Internet Explorer.

      Of course this is precisely what Opera is "whining" about.

      Microsoft bundled a web browser specifically to kill the market.
      This makes the whole web browser situation different then any
      other slippery slope example you could conjure up.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    11. Re:And What of the Others? by AK+Marc · · Score: 5, Insightful

      It would require removing the Windows file manager too, because that can resolve URLs.

      Or, require Windows to enforce the "default browser" setting. I've had Microsoft products (occasionally from Office and all the time from explorer) open something in something other than my default browser. And that "other" is always IE (or Microsoft's IE engine, if not technically IE itself). What's the point of offering a "default" setting if they constantly ignore it? That alone should be sufficient to show that they force use of bundled software against the user's wishes.

    12. Re:And What of the Others? by snoyberg · · Score: 4, Insightful

      Legal definition != dictionary definition. See Sherman anti-trust laws.

      --
      Thank God for evolution.
    13. Re:And What of the Others? by ConceptJunkie · · Score: 4, Insightful

      The truth is people here want to cripple Windows to boost Linux adoption.

      Windows is already crippled. We want to cripple Microsoft. Specifically, we want to cripple Microsoft's ability to foist Windows upon us in a way where it does not have to compete with alternatives based on merit. If there were truly a free market, there are plenty of Microsoft products that would disappear because they are really bad. If there are some that are actually competitive on merit, then everyone wins because the status quo of software in general is improved, but as it stands, Microsoft is now a boat anchor, dragging everyone down to their level because they have the power to prevent real competition.

      As it stands, they don't need to better than anyone else, and trust me, they haven't bothered for the better part of a decade. What part of Vista is geared towards making customers happier than they were with XP? Maybe improved security, but frankly I don't even think it wins there because of UAE, er, UAC, which is just Microsoft's way of passing the buck to the user.

      In the one place in the consumer world where a little true competition exists, the browser, we can already the Microsoft's product is losing market share rapidly.

      --
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    14. Re:And What of the Others? by itsdapead · · Score: 4, Insightful

      It's not about fixing anything. It's about being childish and spiteful.

      Actually, its about not being able to fix the problem, but still being obliged to be seen to do something.

      The solution would be to split Microsoft up into separate companies so you didn't have the guys with 90% of the operating system market also producing applications - but that isn't within the EU's power.

      So instead you get these half-baked "counting coup" rulings. Betcha that every PC supplier "independently" decides to install IE "separately" due to "customer demand".

      And yes, if Apple ever capture 90% of the operating system market they should be subject to the same sort of rules. They've got a long way to go yet - even iPod/iTunes doesn't compare to Windows' dominance of the personal computer market.

      Whether, say, Canonical could even theoretically reach the same point with Ubuntu is more interesting. Maybe they'd have to offer versions with (say) other desktop managers than Gnome. Oh, wait... :-)

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    15. Re:And What of the Others? by Firehed · · Score: 4, Insightful

      And the gap between IE6 and IE7 was about five years, yet IE is still estimated to have somewhere in the 70-80% range for total browser market-share. Had actual competition not started coming along a couple years into the gap, we'd probably still be waiting.

      --
      How are sites slashdotted when nobody reads TFAs?
  2. compatible by cekander · · Score: 5, Insightful

    As a web developer, all I want is for MS to make IE compatible with standards. I'm sick of giving their browser special treatment, and I wouldn't if it didn't represent over 50% of my users.

    I feel the EU's efforts would be better focused on this issue instead. I think MS consciously chooses to keep IE incompatible with the standards so that sites developed for IE don't work in other browsers that are standards compliant. It's a monopolistic abuse of power.

  3. Astroturfing? by 99BottlesOfBeerInMyF · · Score: 5, Insightful

    Okay, I'm really concerned. In the last three or four articles we've seen on this topic, we see dozens of posts all repeating the same nonsense that was debunked in the first discussion. Every time the topic comes up people immediately reference legal bundling by other companies (OS X and Safari or Linux and Mplayer). Are people really so incapable of learning and ignorant that they don't understand even the most basic aspects of antitrust abuse? And they all did not see any of the umpteen explanations in previous discussions?

    I'm beginning to hope there is some serious astroturfing going on because the alternative is worse.

  4. Re:Why so hooked up on the browser? by AKAImBatman · · Score: 4, Insightful

    I don't understand all the hubbub either. So MS bundles a browser with their operating system ... so what?

    The "so what" is that Microsoft has intentionally stopped competing in an attempt to derail the industry. IE7 shipped without a variety of 10 year old standards that Microsoft themselves helped write. IE8 will be released soon with the exact same choices made. About all that has improved is a bit of support for CSS.

    Any other company would immediately lose their market share for pulling such a stunt. But in Microsoft's case, their browser is forced upon millions of users who are unaware that alternatives exist. In result, the market is unable to use competition as a balancing force.

    IMHO, what the EU (and probably the US antitrust division) should do is force Microsoft to remove the IE executable and require OEMs to ship an alternative browser (from an EU/US approved list of competitors) until such a time as IE sufficiently meets the W3C standards to compete. (To be decided upon by the antitrust commission.) Note that I am not suggesting that Microsoft be forced to meet the newer HTML5 standard that other browsers are already participating in. Merely the standards that Microsoft committed to, then failed to follow through on.

    Alternatively, the antitrust commission could force the dissolution of Internet Explorer into a separate company with a new executive team from outside of Microsoft and sufficient initial funding. That company could license the Internet Explorer product back to Microsoft for inclusion into the core of Windows, but not allowed to actually show an IE icon without an OEM deal. Microsoft themselves would be restricted from developing an HTML rendering engine for the next 10 years.

    This would force this new company to compete in the open market. Without the coffers of Microsoft-proper to keep the IE company afloat, I'm sure that it would only be a short while before Microsoft realizes that it would be cheaper to bundle an alternative rendering engine. Meanwhile, the IE company is going to have to work hard on standards, competitive features, and cross-platform support to convince the market that they are worth using.

  5. Re:And some of you by ThePromenader · · Score: 4, Insightful

    IMHO, this the Firefox bundling is kind of missing the point; what about bundling OS's with other-company hardware? Is this not also an imposition of 'choice'?

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    ThePromenader
  6. Re:Yeah, like that will work. by hkmwbz · · Score: 5, Insightful

    To have Opera claim MS "monopoly" excludes them is ludicrous

    Actually, Opera's claim is not specifically about Opera. It's about Microsoft breaking the law, which affects everyone, not just Opera.

    would never have known of them except because of the lawsuit.

    Opera didn't sue anyone. It is not a lawsuit. Opera simply reported Microsoft's violation of the law to the authorities, similar to what you would do if you witnessed a robbery.

    We can't succeed on our own

    Opera is currently the dominant mobile browser. Opera Software is experiencing massive growth in every single business segment (including the desktop version) every single quarter, is profitable, and has a large pile of cash saved up.

    we can force our way onto millions of PC, whether or not people actually want our stuff

    So it's OK for Microsoft to illegally force themselves on people, but it is not OK for someone to protest? Opera never made any demands to be forced on anyone. Opera simply wants actual competition.

    I know, lets go after iPhones next because its not fair that Apple has a monopoly there.

    Your whole comment demonstrates your lack of knowledge and understanding of the matter. You are ignorant, and are spreading FUD about Opera. This last comment of yours shows that you are either extremely ignorant or extremely dishonest. Apple/iPhone is not a monopoly, and certainly not an illegal one.

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  7. Just a lot of blow hards who can't read law by hellfire · · Score: 4, Insightful

    In case anyone is wondering what the bruhaha is all about, every time someone talks about Microsoft and Bundling, someone else has to bring up Apple and bundling, or someone else and bundling, and asking why it's illegal.

    These posts come from a variety of sources:

    1) Free market zealots who think anti-trust laws are not a good idea (you crazy libertarians know who you are)
    2) Anti-Apple/linux/insert-company-here zealots who have a beef to pick with said company.
    3) People who can't wrap their heads around what a monopoly is and can't understand law no matter how many times you beat them with the book.
    4) A few well placed astro turfers who probably get the discussion going in the first place.
    5) Anti-bundling zealots who will slam any bundle that locks in customers.

    Only the last one has a decent argument, and it's an ethical argument not a legal one. Legally, Microsoft is a monopoly. They've been declared so by the state. They have also abused their monopoly power by leveraging their dominance in one market (operating systems) to crush competition in another (web browsers).

    You can't call Apple a monopoly in Macs because macs compete against PCs, so while I agree unbundling the operating system from the hardware could be a boon to customers in the market, you can't legally force it. You might be able to call Apple a monopoly in the music player business. However, I can download any music from any service that supports the MP3 format and push that into my iPhone/iPod. Music from iTunes music store is AAC which is an open standard and any developer could create a music player for that. Also music is no longer DRMed from the music store so that takes "fairplay" DRM out of the mix.

    You might be able to work an argument that Apple needs to open the iPod protocols so that someone can code an alternative to iTunes, because iTunes is very convenient and integrates with the iPod. The iPod is paid hardware, leveraging free software (iTunes). If the iPod had 30% marketshare, I'd say get over it, but it has over 80%, and just maybe someone out there has some innovating to do to make something better than iTunes that can sync music with your iPod.

    --

    "All great wisdom is contained in .signature files"

  8. Re:Yeah, like that will work. by mea37 · · Score: 4, Insightful

    And yet, the law as it stands, under the interpretation and rulings that are in effect regarding MS in the European market, does call for action to be taken.

    It's not about whether competition is "possible". It's about whether two criteria are met:

    (1) Does MS have a monopoly position in some market? (Answer: the US and EU both believe MS has a monopoly in the OS market. I disagere with some of the reasoning, but that is the current position of the courts.)

    (2) If MS has a monopoly position in some market, are they leveraging it to gain a competitive advantage in another market? (Answer: Bundling the web browser with the OS meets that definition.)

    The law doesn't say "you can use a monopoly position in one market to gain advantage in another as long as you don't get 100% market share in the second market", just as the law doesn't say "you can hit people you don't like in the head as long as they don't die". Moreover, the law isn't about protecting Opera, or Firefox, or any other software company; its purpose is to protect consumers by ensuring they get to make an informed choice about the products they buy -- i.e. keeping competition on a level playing field.

    Now if you want to argue that the anti-monopoly laws and/or the rulings under which they're applied are flawed, I'd agree; but to blame Opera for expecting the courts to follow through on enforcing the rulings they've made doesn't make any sense at all.