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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."

97 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).

    --
    My work here is dung.
    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 Mystra_x64 · · Score: 2, Informative

      Maxthon is a shell, Flock - Firefox, Amaya... that's not really a 'browser', etc.

      --
      Quick way to get 30% Funny 70% Troll: defend Opera browser on /.
    3. Re:And What of the Others? by jerep · · Score: 2, Insightful

      Actually I'd be glad if they shipped windows with anything else than IE, I really could care less if it's Firefox, Opera or lynx.

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

    4. Re:And What of the Others? by furby076 · · Score: 2, Insightful

      I like having IE pre-installed...it gives me a way to go to mozilla.org and download firefox. Your method works also. From my understanding Windows is fully integrated with IE. Meaning removing IE would require a huge reworking to windows. FireFox seems to be doing fine on its own. Opera/Safari is doing fine for Mac. I believe Safari comes standard on a Mac...will the EU require Mac to carry IE so IE can have a chance to being competative on the Mac?

      Honestly - for all the talk of "open market", "less regulation", "get off my lawn", etc - we sure are big on "force MS to integrate". Either we are for less regulation and let the market decide, or we are for gov't intervention. Again - FireFox has a pretty good market share without gov't intervention.

      By forcing MS to put in FireFox, as the OP said, what about the other browsers? I do not want 50 browsers on my computer. I enjoy FireFox and ONLY use IE when I have to (MS Exchange for work).

      --

      I do not support "The Man". I also do not support your irrational stupidity
    5. 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)

      --

      AirSpeak - http://itunes.com/apps/AirSpeak
    6. Re:And What of the Others? by 91degrees · · Score: 3, Informative

      From my understanding Windows is fully integrated with IE. Meaning removing IE would require a huge reworking to windows.

      All they really need to do is remove the executable. While the executable is little more than a wrapper for the HTML rendering library and most of the code that makes IE what it is is in this library, they could remove the executable, and probably satisfy the EU (and Opera for that matter). Microsoft like to fudge the issue by suggesting that any library that IE uses is part of IE, but really that's just to suggest it's more tightly integrated with the OS than it actually is.

    7. 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
    8. 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.

    9. 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.

    10. 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.

    11. Re:And What of the Others? by Tubal-Cain · · Score: 2, Informative

      will the EU require Mac to carry IE so IE can have a chance to being competative on the Mac?

      There is no modern Mac port of IE.

    12. Re:And What of the Others? by geckipede · · Score: 2, Insightful

      It isn't bad in operating systems that are currently incapable of abusing a monopoly position because they have such a low market share.

      I think that all they are really doing is having fun with the precedents they set way back when they forced MS to release a version of windows without media player. Remember that this isn't yet decided on, it is very likely that this is just a reminder not to complain about penalties imposed being unreasonable, demonstrating in advance that it could have been a lot worse.

    13. 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?
    14. Re:And What of the Others? by Anonymous Coward · · Score: 2, Insightful

      Either we are for less regulation and let the market decide, or we are for gov't intervention.

      Or we look for a middle ground. Black and White never work all that well, shades of gray however do.

      If we are for open markets - we should have let the banks die. We did not, we looked for a middle ground.

    15. Re:And What of the Others? by plague3106 · · Score: 2, Informative

      Except that things are already changing; FF has been gaining marketshare, and the web is becoming more and more compliant.

    16. Re:And What of the Others? by robthebloke · · Score: 2, Funny

      Damn. I just bought a mac, but now I learn that IE isn't available for it, I'm going to have to put it on e-bay.... ;)

    17. Re:And What of the Others? by jschen · · Score: 3, Funny

      Don't worry, dude. You can get IE on that shiny Mac of yours by installing Vista on it.

    18. Re:And What of the Others? by dotancohen · · Score: 2, Insightful

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

      And goddamn, it's funny.

      Quite true and insightful. Who _cares_ what the default browser is. If it's Firefox, then Firefox will have an "unfair advantage". Go get your browser packaged in an operating system by virtue of it's quality, not by virtue of law.

      --
      It is dangerous to be right when the government is wrong.
    19. Re:And What of the Others? by furby076 · · Score: 3, Insightful

      Yea but if i open up windows explorer and i type in a URL it gives me a website. Does it need the .exe for that?

      --

      I do not support "The Man". I also do not support your irrational stupidity
    20. 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?
    21. Re:And What of the Others? by g2devi · · Score: 5, Interesting

      It's not about being childish. The key problem is, Microsoft is currently using it's monopoly in one area to try to create monopolies in other areas, such as mail (MSN/Exchange), web standards (IE/ActiveX), web framework (SilverLight/.NET), games (XBox), music (Zune), DRM (WMV), office software and document formats (MSOffice, OOXML), etc. Lately, Microsoft has been hobbled in its attempt by the failure of Windows Vista, but if Windows 7 succeeds, you can expect Microsoft to return to its old ways and it may eventually succeed.

      Microsoft's power to create new monopolies, lies in four areas:
      * Exchange
      * IE
      * MS Office
      * Ties to MSN (Not firm, but Microsoft has tried to tie users to Passport in the past)
      Windows Admins and developers can automatically assume that if you have Windows, you'll use Exchange, IE, MS Office, and anything required by these apps.

      If users are given choice, it's no longer a safe bet. It can be done in a fairly straightforward manner. Force Microsoft not to install any of these apps in the default Windows install. Then provide a supplementary CD, whereby users have a choice of picking a pre-selected list of software which would include:
      * IE
      * Opera
      * Firefox
      * Google Chrome
      * Thunderbird
      * Exchange Client
      * OpenOffice
      * MS Works or MS Office Trial Version (which can be unlocked by purchasing an activation code online)
      with a brief blurb by each software vendor (not Microsoft) why you should pick their software over the others.

      In such a situation, Microsoft would be on equal footing as other software, so it couldn't leverage it's monopoly. If people *choose* Microsoft software over the alternatives, then it will win on merit, not tie-in.

    22. Re:And What of the Others? by MindlessAutomata · · Score: 5, Insightful

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

    23. 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.
    24. Re:And What of the Others? by truthsearch · · Score: 3, Informative

      A monopoly means there is only one option

      No, a monopoly means market dominance, to a level decided by a court. 90% market share, for example, could be considered a monopoly (for legal reasons). It doesn't mean there's no one else in the market, just extreme dominance.

    25. Re:And What of the Others? by mikael_j · · Score: 2, Informative

      Actually, Apple don't have a monopoly in the mp3 player market, sure they're the biggest player but there's plenty of competition and innovation outside of the reality distortion field. This is less true in the US but on a global scale the iPod is by no means the only game in town, if you go to a store and ask the sales drone for an mp3 player chances are he won't just show you an iPod and tell you there are no real alternatives.

      Now, with Windows for a long time it's been the only game in town, the fact that IE shot up from almost no users to being the number one web browser right after MS started bundling it with Windows is a great example of that.

      And for most people the issue with MS and Windows isn't just that they're a monopoly, it's that they've made a habit of abusing this monopoly status to gain an unfair advantage.

      /Mikael

      --
      Greylisting is to SMTP as NAT is to IPv4
    26. Re:And What of the Others? by jank1887 · · Score: 5, Funny

      but what about my off-network pc where I still need something to view on-disk HTML files? and I have no floppy or CD or usb for copying a browser install file that was downloaded on another machine. and there's no keyboard for me to manually create a new browser from source, and I couldn't install a compiler anyway. and... hmmm... okay I'm out.

    27. Re:And What of the Others? by ShieldW0lf · · Score: 2, Informative

      Or Opera and the various others could just bone up and market there product so people know it exist? I can't recall last time I saw an advert anywhere for opera that wasn't on slashdot about it being updated to whatever new release. Hell, I know about and have ran it in the past and forget it exist every other year or so. the problem isn't that MS bundles it. Hell, MS bundles a file manager and a window manager and no one yells foul from say litestep or the 2xplorer fronts.

      Don't know about Litestep, but I yelled foul long ago, when I decided to stop using MS technology and to stop helping people who choose to use it. My OS already comes with a repository such as I've described, which is the primary reason I chose it.

      --
      -1 Uncomfortable Truth
    28. Re:And What of the Others? by Yvan256 · · Score: 2, Informative

      Nope. In such a situation, most people will not choose what they do not know and so will still choose IE, MS Office, etc.

      The damage is already done for current users. I do agree that new users would be more inclined to choose "anything" since they wouldn't know the options, but even so, you fall into the "I'm using what everyone else is using" and you're back to square one too.

    29. Re:And What of the Others? by Yvan256 · · Score: 2, Funny

      That's like... I dunno.... buying a BMW and putting a LADA engine in it.

    30. Re:And What of the Others? by Yvan256 · · Score: 2, Funny

      Okay then.

      Prendre éteindre ma pelouse!

      Bleh. I think I need a new english-french translating program.

    31. Re:And What of the Others? by hkmwbz · · Score: 2, Informative

      just bone up and market there product so people know it exist

      So everyone should have to spend extraordinary amounts of money because of Microsoft's illegal actions? No thanks.

      the problem isn't that MS bundles it. Hell, MS bundles a file manager and a window manager and no one yells foul from say litestep or the 2xplorer fronts.

      Correct. Bundling in itself is not a problem. The problem is Microsoft abusing its monopoly in one market to kill the competition in another market. MS knew that the browser as a platform was a threat (ahead of their time perhaps?), which is why they wanted to absolutely destroy Netscape.

      --
      Clever signature text goes here.
    32. 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.

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

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

      --
      Thank God for evolution.
    34. Re:And What of the Others? by nschubach · · Score: 2, Interesting

      On that same note... I can play any MP3 in an iPod just as easily as I can play it in another off-brand player. I cannot however play a Windows game or use a Windows Application in a generic off-brand operating system without reverse engineering Windows. There's no standard format and library for executable files. If they could force MS to follow a specific set of standard libraries and/or release the interface documentation for such libraries and files, then we'd have truer competition.

      You'd also have to invalidate all patents related to them. Patents are good for start up companies and small inventors, but when they are used to "protect" a majority holder, they are abusive.

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    35. Re:And What of the Others? by khellendros1984 · · Score: 2, Insightful

      You can talk about an idealistic crusade to show your disdain for products from companies like Microsoft pretty easily. In fact, I've done the same at various times over the last few years. But the truth is, my work requires me to provide builds of our software for Windows (it comprising the majority of OS installs for the majority of our clients). With the realities of the market, regardless of how I feel about them, I have to use Windows for my livelihood and to support my "gaming habit". No one's going to be able to inspire a mass exodus from Windows/other closed-source OSs/apps via individual boycotts. Your comments just make you sound like a noisy braggart.

      --
      It is pitch black. You are likely to be eaten by a grue.
    36. Re:And What of the Others? by Tubal-Cain · · Score: 2, Informative

      While IE 8 is not superior to Firefox 3, it is much more standards compliant.

      IE8... more compliant than FF3?

    37. 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.

      --
      You are in a maze of twisty little passages, all alike.
    38. Re:And What of the Others? by boguslinks · · Score: 2, Interesting

      The key problem is, Microsoft is currently using it's monopoly in one area to try to create monopolies in other areas, such as mail (MSN/Exchange), web standards (IE/ActiveX), web framework (SilverLight/.NET), games (XBox), music (Zune), DRM (WMV), office software and document formats (MSOffice, OOXML),

      And they're failing to create a monopoly in most of those areas, failing miserably in some cases.

    39. 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.
    40. Re:And What of the Others? by StarReaver · · Score: 3, Insightful
      I can see it now.

      Which web browser would you like to install?

      [x] Internet Explorer (Recommended)
      [ ] Firefox
      [ ] Chrome
      [ ] Opera
      etc.

      Or even worse...

      Choose your installation type:

      [x] Standard (Recommended)
      [ ] Custom (For advanced users only)

      Most people would choose the standard option. Either because it's automatically selected, or because it says recommended, or because custom sounds scary, or simply because the user just wants to get a web browser and just hits "Next".

    41. Re:And What of the Others? by TheRaven64 · · Score: 3, Insightful

      Probably true for some people. The rest of us don't care if Windows has 90% of the market share as long as we are free to use the alternatives. This means open standards, not Microsoft standards. If Microsoft is allowed to use Windows to gain a monopoly in the media player and web browser markets then this means that they can dictate standards, and this affects us.

      --
      I am TheRaven on Soylent News
    42. Re:And What of the Others? by JavaTHut · · Score: 3, Informative

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

      They already have to pick between IE and Telnet:80 . Exactly how many options does Microsoft have to provide for people to sort through before they magically decide they want to download Opera?

    43. 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?
    44. Re:And What of the Others? by hkmwbz · · Score: 4, Informative

      Hey, there is nothing stopping Firefox from making it's own OS and having Firefox installed by default on it.

      That's not the point. Microsoft didn't create its own browser and let it "win" on its own merit. It bundled it and abused its monopoly power, thereby breaking the law.

      As far as I'm concerned, Microsoft has every right to include their own browser in their OS... it IS their OS.

      But they broke the law, which means that rights will be taken away. It is illegal to tie products from different pre-existing markets with products from a monopolized market. Thus, bundling IE with windows is against the law.

      Really, as a user I wouldn't want this. All this does is install more software by default that I have to go and uninstall.

      No, not if OEMs preinstall a browser.

      it's about every browser company saying "I want equal treatment as your browser on your OS, even though I didn't contribute to making it at all, so that I can get a slice of that nice big user-base that is just fine with using the default browser."

      False. It's about the fact that MS broke the law. Please pay attention.

      --
      Clever signature text goes here.
    45. Re:And What of the Others? by MindlessAutomata · · Score: 2, Insightful

      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.

      This "free market forces are failing because X is not the best product on the market" is a red herring. Partially because nobody said the free market would choose necessarily the BEST product (look at the music people listen to) but also that "best" is subjective and it often comes down to preference, familiarity, and other factors. The simple fact is that anyone can switch to Linux right now if they were so inclined.


      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.

      The reason they don't "need to be better than anyone else" is partially because a diverse selection of operating systems creates problems with compatibility, forcing the market to rally around few big players. Another reason is simply lack of consumer education.


      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.

      Great. So why waste all the energy on Microsoft including a (mandatory, in this day and age) browser integrated in the OS that is already being used less and less by people.

      I find it interesting how people play so fast and loose with words here, saying things like "true competition" when Linux, FreeBSD, and a few others ARE true competition to Windows. The reason more people are adopting Firefox and not Linux itself is one of, again, consumer education and the difficulty of switching. Hence, a lot of slashdotters, probably not being entirely honest with themselves in regards to their motivations, want to handicap Windows to benefit Linux.

    46. Re:And What of the Others? by 99BottlesOfBeerInMyF · · Score: 3, Insightful

      Just to play the devil's advocate here a little bit. Let MSFT Do that, but also mandate that Mozilla, Opera, Sun and others offer downloads of IE, MS Office and other suites alongside their downloads.

      Why, what crime did they commit?

      Yes, Microsoft has created a monopoly, yes they broke the law, but this is just plain silly.

      It's silly to make criminals stop breaking the law and to punish them?

      Ubuntu comes with Firefox preinstalled, could you say that Mozilla has monopoly on most default Ubuntu installation, the kind average users usually go for?

      If you think "default browser used on an obscure desktop OS with no market share" constitutes a monopoly in the economic or legal sense you need to gain a better understanding of what we're all talking about.

      Firing up apt-get and downloading and installing new browser in Linux is not much simpler than firing up IE and downloading Opera, Firefox, Safari and others.. Just my 2 euro cents...

      You seem to be failing to understand how monopolies undermine free trade and destroy innovation and why there are laws prohibiting such actions. Notice the state of Web technologies implemented on the Web and compare them to a decade ago. Isn't it strange how there has been so slow of progress in such an important and ubiquitous high tech industry. Do you think that is normal or desirable? Do you want it to continue to stagnate?

  2. And My Browser Too! by eldavojohn · · Score: 2, Funny

    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.

    Don't forget to also bundle my browser, MSBlastWorm32.exe! Tell all the naive people that it's the hip new botnet way to see the interweb!

    --
    My work here is dung.
  3. Lynx by eldavojohn · · Score: 2, Funny

    ... computer manufacturers forced to install Firefox, Chrome, Opera and Safari by default alongside Internet Explorer on new Windows-based PCs.

    And also Lynx, I would bring me great joy to see a video of an average Windows user trying to use Lynx.

    --
    My work here is dung.
  4. Why so hooked up on the browser? by Jugalator · · Score: 3, Insightful

    Why is the EU so hooked up on what browser is being used? Why not e.g. the productivity tools being bundled, or the kind of media center/player to play videos and music?

    Sure, from a technical standpoint, it's always nice to see more competition here, as that would probably put pressure on Microsoft in making IE more standards compliant, but... Somehow I don't think the EU is thinking that far.

    --
    Beware: In C++, your friends can see your privates!
    1. Re:Why so hooked up on the browser? by oldspewey · · Score: 2, Insightful

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

      Back in the DOS days, word processing software didn't have a spellchecker built in. You had to buy a separate spellchecker if you wanted that functionality and the spellchecker companies had a nice little profit centre for themselves. Then one day, word processing software started coming with a spellchecker built right in! Sure it was bad for the people selling spellcheckers, but it was a win for the consumer.

      Operating systems evolve ... they start including things that weren't included in the past ... things like internet browsers. If the (free, bundled, zero cost) browser doesn't suit your needs or tastes, it takes less than 5 minutes to download and install Firefox or Chrome.

      --
      If libertarians are so opposed to effective government, why don't they all move to Somalia?
    2. Re:Why so hooked up on the browser? by 99BottlesOfBeerInMyF · · Score: 5, Informative

      Why is the EU so hooked up on what browser is being used? Why not e.g. the productivity tools being bundled, or the kind of media center/player to play videos and music?

      First, the EU already convicted them for the bundling of their media player. Second, the media player market is horribly broken anyway because of certain cartels and forcing MS to change will make less of a difference especially with Apple leveraging their near monopoly to promote a different player.

      With the Web however you have just Microsoft as the stumbling block preventing fair competition. You have an open and shut case with fairly straightforward remedies available. You have a complaint from effected competitors. You have already discovered evidence of MS's intent to maliciously break the market. It is an ideal market to fix and actually help both other companies and the people in general.

    3. 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. It still amazes by mikesd81 · · Score: 4, Interesting

    me how Internet Explorer is such a big deal for the EU. IE is free. Microsoft is bundling their browser with their OS. KDE bundles Konqueror. Gnome has Epiphany. There are on binaries for Windows for either of them. Is that bad? Everyone has a choice to download the equally free Firefox for any OS. If you want to go after Microsoft, then go after them for the things that are truly evil. The monopolization. The insane licensing prices. The unfixed bugs. The embrace, extend and extinguish. And the countless other things. Forcing vendors to bundle other browsers won't do anything. Do you really think Microsoft fears this?

    --
    That which does not kill me only postpones the inevitable.
    1. Re:It still amazes by JustinOpinion · · Score: 2, Informative

      KDE bundles Konqueror. Gnome has Epiphany. There are on binaries for Windows for either of them.

      FYI, Konqueror has been ported to Windows as part of the "KDE on Windows Project".

      (Not that I'm arguing Konqueror should be bundled with Windows; I'm merely pointing out that it could be done.)

  6. well by unity100 · · Score: 5, Informative

    there is nothing to get amazed. KDE, Gnome any other distro that bundles a single browser to their product will probably be asked to bundle more.

    this is not an 'equality' matter. this is a matter of monopoly. microsoft is almost a practical monopoly in the market. therefore, anittrust laws apply to it. if linux had the same place, and had a virtual monopoly, they would go after it first.

    antitrust laws are not fair. they are not supposed to be fair. they should not be fair. they are equalizing moves that are used to whack down on the biggest shareholder in a market if they do anything wrong, illegal, or unethical. any corporation that is vying for the top market positions has to make peace with that fact, and get its act together. microsoft didnt. it doesnt have an affinity for coherent, orderly, ethical conduct.

    1. Re:well by Sockatume · · Score: 2, Informative

      "I think the EU needs to go back to determine if Microsoft still has a monopoly. Every indication is that it does not."

      They have between eighty-five and ninety-five percent overall market share in operating systems, depending on whose estimates you look at and how timely they are. In businesses and government, it's likely higher. It was considered utterly remarkable in December when they dipped below 90%. Their share in overall office software is higher. Their share in Windows office software is probably about 100%.

      --
      No kidding!!! What do you say at this point?
    2. Re:well by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      I think the EU needs to go back to determine if Microsoft still has a monopoly.

      Legally, there is no question. They have monopolistic influence by a huge margin.

      Microsoft no longer has all that much control even on it's own platform, much less all desktop PCs, given Mac's rapidly increasing market share.

      You have fundamentally misunderstood the market. OS X's market share is irrelevant unless Apple starts licensing it to OEMs or offering large site licenses on generic hardware. If Dell (and other OEM customers) can't license OS X to put on the systems they ship, it is not in the market and does not matter to MS's influence.

      Furthermore, if monopolies are characterized by a lack of competition for a good or service, then why is there a huge rise in the popularity of different web browsers.

      Again, you've fundamentally misunderstood the second market involved. MS can have 5% of the browser market and it doesn't make a difference to this case. MS is being accused of using their monopoly on desktop OS's to skew the Web browser market. It doesn't matter if they have monopoly influence in the Web browser market or not.

      Microsoft has lost desktop PC marketshare, lost broswer share, lost laptop share. If they held a monopoly in the 90s, it's clear to me they no longer do.

      You seem a bit confused as to what the term "monopoly" means in the legal sense and to economists. You also seem a bit confused about what markets are involved and how their actions in tying those markets constitute antitrust abuse.

      And if you ask most folks in the Valley now, they don't fear Microsoft anymore either.

      Ask MS's customers how much influence MS has. They are the measure. Can the CEO Dell or HP tell MS to go take a flying leap and not be fired? I thought not.

  7. Restricted browser by PinkyDead · · Score: 2, Insightful

    If the user is provided with a list like:
    Choose browser to install:
    (1) Internet Explorer 8.9
    (2) Firefox 3.6
    (3) Opera 9.2 ....

    Which one will they choose? I would say most likely, 1, because it's from Microsoft (and it will be top of the list) - even if it is a piece of rubbish.

    It would be far better if Microsoft provided a restricted simple browser that could be used to download other software - a sort of graphical version of lynx.

    --
    Genesis 1:32 And God typed :wq!
    1. Re:Restricted browser by Yetihehe · · Score: 3, Funny

      It would be far better if Microsoft provided a restricted simple browser that could be used to download other software - a sort of graphical version of lynx.

      A simple and restricted browser? IE6 perhaps? We already have it and look what it does.

      --
      Extreme Programming - Redundant Array of Inexpensive Developers
  8. Also by rlp · · Score: 5, Funny

    How 'bout requiring that each copy of Vista ship with a Ubuntu disk labeled 'Vista Service Pack 2'.

    --
    [Insert pithy quote here]
    1. Re:Also by itsdapead · · Score: 2, Funny

      How 'bout requiring that each copy of Vista ship with a Ubuntu disk labeled 'Vista Service Pack 2'.

      Caller: I installed SP2 and it comes up with something called Ubuntu

      Support: Yes, its a new operating system with all the features of Windows Vista and Office 2007

      Caller: but my desktop looks weird, and half my peripherals have stopped working! All the buttons in the word processor have changed, the formatting in my documents has gone funny and nobody can open the files I send them.

      Support: As I said, all the features of Windows Vista and Office 2007...

      Caller: but it won't run this new software called Conficker that everyone is talking about!

      Support: Oh dear, that is a problem. I'll get a Windows XP disc in the post to you at once.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
  9. Bundling everything... by HockeyPuck · · Score: 5, Interesting

    I can see it now... the Linux masses (or /. crowd) asking for alternatives to everything...

    Notepad? Bundle Vi/Emacs for windows
    MediaPlayer... bundle VLC & mplayer
    Solitaire...
    Instant Messenger? Bundle Pigdin...
    MSPaint? Bundle GIMP

    And we complain about BLOAT now? Wait till you see all the crap that gets bundled. And the MS products will still get used more? Why, because Joe Sixpack will look at the NAMES of the applications and won't have to guess what they do? Can you look at 99% of the linux apps out there and guess what they do? Notepad/MediaPlayer/Instant Messenger/MS Paint are pretty obvious what they do. GIMP? I'm not explaining that one.

    1. Re:Bundling everything... by elrous0 · · Score: 2, Insightful

      Ha, since when have any computer makers REMOVED stuff? My problem isn't with the stuff MS bundles (that's fairly trivial), it's with all the crap-ware that companies like HP, Dell, etc. throw in ON TOP of that. That's where the REAL bloat comes from.

      As for IE, I'm just fine with it. As a poster jokingly pointed out above (but made an actual insightful point), how else can you get to Mozilla's website and download Firefox if you don't have Internet Explorer installed?

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:Bundling everything... by Mr.+Shiny+And+New · · Score: 2, Insightful

      I guess nobody cares about the countless applications which depend on installed apps like notepad or iexplorer.exe to get stuff done? Sure, those apps may be badly coded, but they exist and people want to continue running them.

  10. 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.

  11. Un-bundling would be better by ianare · · Score: 2, Interesting
    Rather than add even more unnecessary software to already bloated to the point of being crippled systems (I'm looking at you Dell, HP, etc..), why not force MS to unbundle IE ?
    This would:
    • Force MS to use an actual app instead of the activex in IE for windows update. Why anyone thought it was a good idea to use a web browser to do a system update is beyond me.
    • Allow users to completly remove IE (save for the rendering engine - which good programming practice dictates should already be separate from the browser).

    OK but if the system doesn't come with a web browser to begin with, how do I install FF ? I like the idea of this being a setup wizard. On first boot it asks which browser you want to install, downloads the appropriate files, and installs. By all means have IE as default, but allow the user to select another browser if so desired. This would also I hope get rid of the 10 000 (slight exaggeration) different browser add-ons commonly found on new systems.

    1. Re:Un-bundling would be better by jbeale53 · · Score: 2, Informative

      Force MS to use an actual app instead of the activex in IE for windows update. Why anyone thought it was a good idea to use a web browser to do a system update is beyond me.

      Windows Vista has a specific application for updates, it no longer uses a browser with active x.

  12. Why not use windows update? by adonoman · · Score: 2, Insightful

    Windows already has a package-manager sort of thing build in with windows update. I won't argue about how it compares to the various linux offerings, but it would certainly work for this.
    They've already removed IE from the Windows Update process - why not put IE and third party browsers up there and let people decide for themselves. Third party drivers are available there, so the process to decide what gets on there is already in place.

  13. Re:Why just microsoft? by Sockatume · · Score: 3, Insightful

    It's often been argued that Windows' sheer, crushing ubiquity means that it has an undue and unique influence on the rest of the software field, and therefore must be regulated in a similarly unique manner. If a product expands to the stage where it's as important to your day-to-day life as the power supply, you can bet it's going to be subject to the same sort of oversight.

    --
    No kidding!!! What do you say at this point?
  14. More crap by 0prime · · Score: 2, Insightful

    Great, just what I'd want, more crap pre-installed on a factory built computer. Will they also have to install the yahoo searchbar, google searchbar and msn searchbar in each browser they install? Explorer is too proprietary of a file explorer, they should have to bundle ExplorerXP, freeCommander, and A43. If anything, it seems like all the EU is trying to do is make Windows so unusable that the eventual move to linux will be a godsend.

    --
    I am not a *blank*, but I did stay at a Holiday Inn Express last night.
  15. Discourage dependence on the browser? Bootstraps? by Sockatume · · Score: 3, Insightful

    One thing that irked me about XP was that updates were shacked to a web browser and an ActiveX control, which was inelegant (why was a critical OS function not "baked in" to the OS?). If MS aren't allowed to bundle IE, it would mean that they can't assume the existence of a web browser on the system, and might avoid decisions like that in future. I mean, if IE is essential to basic OS functions, it probably shouldn't be, and if it isn't, then there's no real problem with unbundling it. Except I just realised it would leave you with no way of accessing a web site to download a new browser, and including some sort of comprehensive "browser chooser/fetcher" app (or expecting MS to do so) would be equally absurd.

    --
    No kidding!!! What do you say at this point?
  16. Re: IE integration with Windows by tchuladdiass · · Score: 3, Insightful

    It's not so much that IE is integrated with windows, but instead Windows ships with a bunch of toolkits, one of which is a toolkit containing library routines for Web access. This includes establishing HTTP connections, doing the low level HTTP get, and a rendering engine to do something with HTML documents.

    So this toolkit is used as a primary component of IE. Parts of it is also used by various other OS components, such as Windows Update (uses the HTTP libraries), the File manager (HTML rendering engine), etc. And, obviously, it is the toolkit that is used to build IE. So what Microsoft means by "removing IE will break Windows" is removing IE and it's associated librarys/toolkit will break the other components. But the part of IE that contains "main()" could be removed without affecting anything else.

    But now we have another problem. Is a web browser a stand alone application, or is it a necessary part of a modern OS, same as a file manager and command shell? This gets down to the basic debate of what an OS is. Here's my definition:
    OS Kernel -- the low level component that connects applications to hardware devices (device drivers), and defines / maintains data structures on those devices (think "file system" layer).
    OS Utilities -- programs that allow a user to manipulate data structures the Kernel maintains (such as a file manager), and programs that facilitate user interaction with the hardware the kernel interfaces to (such as a utility to talk to a modem, or send a file to a printer port).

    So an operating system is composed of the Kernel and OS Utilities. An Operating Environment (OE) is a combination of an OS with a set of applications that facilitate performing tasks that nearly all users of that computer would need to do. So text editors and paint programs fall in this category (although a text editor may straddle this category and OS Utilities).

    Now the question is, where does an ftp client, telnet, ssh, etc. fit in? And does a web browser fit the same category as ftp?

  17. 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.

    1. Re:Astroturfing? by hkmwbz · · Score: 2, Funny

      I share your frustrations. It is amazing how all these people people are spewing out uneducated nonsense. And to think that some of these people can vote... :)

      --
      Clever signature text goes here.
  18. The actual text by morn · · Score: 5, Informative

    The linked article is rather sensationalized, the summary even more so

    Here's the actual text. It's from Microsoft's own SEC filings, in the "Contingencies" section of the notes, not from the EU - this is Microsoft's opinion of what the European Commission might require, not something from the Comission itsself.

    While computer users and OEMs are already free to run any Web browsing software on Windows, the Commission is considering ordering Microsoft and OEMs to obligate users to choose a particular browser when setting up a new PC. Such a remedy might include a requirement that OEMs distribute multiple browsers on new Windows-based PCs. We may also be required to disable certain unspecified Internet Explorer software code if a user chooses a competing browser.

    Note, in particular, no mention of specific other browsers.

    --

    ...or am I missing something?

  19. 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'?

    --

    No, no sig. Really.

    ThePromenader
  20. Windows is a monopoly. by 99BottlesOfBeerInMyF · · Score: 2, Informative

    IE with Windows is a monopoly?

    No, Windows is a monopoly in the desktop OS market as several courts have already ruled. Since it is illegal to tie products from separate, pre-existing markets with products from a monopolized market, bundling IE with Windows is blatantly illegal.

    Why isn't the EU going after Apple? And on that note, why am I FORCED to use Safari on my iPod Touch?

    They're considering it with regard to iPods and iTunes, but iPods probably don't constitute a monopoly in the EU.

    Me thinks the EU needs to take a good long look at Apple if they are going to sanction Microsoft!

    They are looking, but since the case against Apple is fairly weak, while the one against MS is open and shut and has lasted longer, expect to see them convict MS first by several years at least.

  21. Re:Safari on the mac by default... by JustinOpinion · · Score: 5, Informative

    *sigh*

    This tired argument is brought up every time a Microsoft anti-trust article is posted. The difference is that Microsoft is a convicted monopolist. It is not bundling a browser with your OS that is illegal--it is abusing your monopoly in one domain to hamper competition in another domain that is illegal.

    Microsoft had/has a near-monopoly in the OS market. They were accused of abusing that monopoly to hamper competition in other markets (e.g. web browsers, media players). They were found guilty of those actions in multiple jurisdictions (US, EU, ...). That is why action is being taken against them.

    If Apple were to do the same thing (abuse their monopoly in one market to hamper competition in another), they would be subject to the same laws. (And indeed the EU has launched antitrust probes into iTunes...)

  22. 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.

    --
    Clever signature text goes here.
  23. Are seriously asking this question? by Nicolas+MONNET · · Score: 2, Interesting

    Why is the EU so hooked up on what browser is being used?

    Not everybody uses a "productivity tool." Or a media center / player. Not even a word processor.

    But everybody uses a browser. Using the internet means using a browser at some point.

    Plus, Microsoft has clearly been a hindrance to web development and standards by letting IE6 rot for 5 years. Even IE7 and IE8 are behind the times. They suck rock. Yet they still have huge market share due to the monopoly power.

    This is one of the clear areas where the EU has a mandate to enforce cooperation, competition in the marketplace and interoperability.

  24. Bundle other OS by kanweg · · Score: 2

    The EU should for PC manufacturers to include another OS (say, a Linux distro).

    Bert
    Who thinks that the most evident proof of monopoly abuse is that dual boot systems are not available on the market.

  25. The only way to break Microsoft monopoly by javilon · · Score: 2, Interesting

    Is to stop bundling of software with hardware. When you buy a computer, you would get two tickets, one for the computer hardware, and one for the operating system plus applications. And you would have by law the option to buy one without the other. This would have many advantages.

    - You would know exactly how much you pay for windows, so you would be able to make a judgement about utility vs price.

    - it would be your call whether to purchase windows or something else when you buy a computer. Right now, that's not the case, most of the time you will not have the option not to buy windows.

    - It would make much more difficult for Microsoft to link pricing with exclusive contracts, as the operating system would be chosen by the buyer and not the computer maker.

    I think that would work, and considering the different remedies that have been looked at in order to solve the abuse of monopoly position by Microsoft, I think it is not too harsh compared to breaking up the company or forcing some competing software into Microsoft installation disks.

    Once Microsoft stops abusing its monopoly, I have nothing against them bundling whatever browser they fancy on their OS.

    --


    When his defense asked, "Which computer has Jon Johansen trespassed upon?" the answer was: "His own."
  26. Re:No internet how about that by hkmwbz · · Score: 2, Informative

    Microsoft should just stick to the EU and not add a damn browser at all over there.

    Definitely. OEMs should decide which browser to bundle. Microsoft broke the law, which is why their browser activities are being targeted. Except letting OEMs decide would not "stick to the EU". It would actually be great!

    Who wants to buy a PC and have to remember to grab the free cd to install the browser of their choice.

    No need. OEMs will install a browser.

    And to anyone who thinks apple isn't a monopoly then you are sadly fuckin mistaken. Apple locks down more proprietary shit then MS ever has or will.

    Whether they lock down "shit" or not is irrelevant to whether they are a monopoly or not.

    The difference in Apple is a monopoly by force, MS is just a market leader.

    False. MS is guilty of abusing its monopoly in one market to destroy competition in a different market.

    Monopoly - exclusive control of a commodity or service in a particular market, or a control that makes possible the manipulation of prices.

    You are either extremely ignorant or a Microsoft shill. You need to look up monopolies, as defined by law. By law, only a 60-70% market share is required to be considered a monopoly.

    --
    Clever signature text goes here.
  27. Unbundle Windows instead! by Cannelloni · · Score: 2, Interesting

    I am normally not the one to defend Microsoft, as I think the company, their business practices and almost all of their products suck bad. But I think shipping Windows without a default web browser, or to force Microsoft to bundle in Firefox, Safari or some other browser is problematic and actually unfair. Yes, unfair, because how can Microsoft be responsible for other people's products? Instead, the way to go in my mind is clear: As long as Microsoft doesn't make their own PC hardware, why not simply outlaw the sale of PCs with Windows pre-installed? The customer has a right to choose whether he or she should have Windows, some flavor of Linux or maybe FreeBSD on a new machine. You could argue that Apple should be forced to unbundle Mac OS X so you could install that system on any PC, but I believe that's different: the Mac OS and Apple's hardware can be seen as ONE integrated product, whereas the basic PC is a modular product: hardware plus OS and bundled apps. Unbundling Windows would force Microsoft to a) build their own machines and/or b) sell Windows ONLY in unbundled versions. The latter case would be very beneficial for customers.

    --
    Beauty is in the beholder of the eye.
  28. That's the stupidest example one could find by Nicolas+MONNET · · Score: 3, Insightful

    A calculator doesn't read any files, while a media player or a web browser depend heavily, and set the standards in formats.

  29. 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"

  30. This needs to be the choice of the OEMs. by linebackn · · Score: 2, Insightful

    Ok, I hate Internet Explorer probably more than anyone else in the universe, and would love to see it exorcised from windows... but this is going overboard.

    It should be OEMs that choose to install Firefox or another browser. Forcing them to install all other browsers is just as bad as MS forcing them to always install IE with windows.

    Besides, perhaps I want a computer with *NO* web browser! (there are plenty of cases where a computer would be used for a specific purpose that doesn't involve web access)

    Now, in all fairness, there is a good likelihood that OEMs are still quietly being pressured by MS to not install other browsers or even other non-MS software. If that is the case then this core issue needs to be addressed first.

    At most, perhaps OEMs should get some incentive to install Firefox/Opera, but should not be required.

    What REALLY needs to happen - IE needs to become a fully 100% add/removable application just like any other normal Windows accessory. Check? It is installed. Unchecked? It is removed. This would be in the standard Windows distribution (not some rare unwanted version like Windows N). CAB installer files would be on the CD or hard drive. OEMs could choose to install IE, if not they would likely install some other browser. That is choice. That is what it should have been like from day 1. (Apps that embed IE need to die off in the long run, but you could go to add/remove programs check the IE box and then they would run)

  31. Re:Discourage dependence on the browser? Bootstrap by D+Ninja · · Score: 2, Interesting

    That was one nice thing that they fixed in Vista - the update mechanism is tied to a tool rather than to the browser and an ActiveX application.

    Now I can only hope they untie the browser from the OS in Windows 7, but I don't think that's going to happen.

  32. Re:What's the point? by hkmwbz · · Score: 2, Insightful

    It's not like the Firefox people (or the Opera people, or Google...) are losing money because users can get IE for free, because those browsers are free as well.

    Opera and Mozilla make money by forwarding searches to Google. Google makes money from searches. If people use Chrome instead of IE, more people use Google, which means that Google makes more money from searches.

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  33. 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.

  34. This has happened before... by BUL2294 · · Score: 2, Informative

    Go back to 1996. As part of some sort of agreement, Microsoft included AOL, Compuserve, Prodigy, and/or WOW on the Win95B, Win98, and WinMe installation CDs. This was because somebody was complaining about Microsoft using their OS to sell MSN.

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  35. Re:IE with Windows is a monopoly? by Sockatume · · Score: 2, Informative

    Bundling software (1) isn't the issue at stake. Bundling software as a monopoly (2) isn't even the issue. Bundling software as a monopoly in a manner which has demonstrably harmed the market (3) is what is being claimed here. There is no law against 1 or 2, there are laws against 3.

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  36. Re:Yeah, like that will work. by hkmwbz · · Score: 4, Interesting

    If the bundling of IE is such a problem then why is Firefox so popular when compared to Opera? It couldn't be anything to do with Opera's business model or lack of advertising or it being closed source or they insisted on payment when there were 3 other free broswers or any of those other drawbacks?

    What you are writing here is basically a red herring because it does not address the actual issue. It is illegal to tie products from different pre-existing markets with products from a monopolized market. Thus, bundling IE with windows is against the law.

    That said, I will respond to this, just for your benefit. I did point out specifically that:

    "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."

    Interesting how Opera is actually dominant in markets with actual competition, isn't it?

    As for Firefox, even Mozilla disagrees with your assertion:

    "When the only real competition comes from a not for profit open source organization that depends on volunteers for almost half of its work product and nearly all of its marketing and distribution, while more than half a dozen other "traditional" browser vendors with better than I.E. products have had near-zero success encroaching on Microsoft I.E.'s dominance, there's a demonstrable tilt to the playing field. That tilt comes with the distribution channel - default status for the OS bundled Web browser."

    The one problem that strikes me with including other software is responsibility, both for support and for updates.

    I agree. Which is why Microsoft shouldn't bundle any browser. Windows should simply be without a browser. The OEM should do the browser bundling.

    Where will updates come from? Windows Update or an manufacturer? Who supports the browsers?

    Minor detail. OEMs will support they browser they choose. Updates can happen in many ways. Most browsers these days update themselves automatically anyway.

    And then there's updates for manufacturers. How often does Firefox update? Rather a lot. So do manufacturers absorb the cost to redo their disk images?

    How often does IE update? How often does Windows update? Rather a lot. So do manufacturers absorb the cost to redo their disk images today?

    Or do we have a downloader that starts the first time an internet connection is there; in which case you're shipping an OS without a browser at all, which, in this day and age is ridiculous.

    No, the OEM picks the browser. Your PC will definitely come with a browser. It just won't be Microsoft choosing which one.

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  37. Re:Yeah, like that will work. by The+Spoonman · · Score: 3, Insightful

    That's an analogy to the manner in which they're forced to use IE. Still confused?

    Even more so. Since IE is free, I didn't pay for it. Even if it takes up a couple of hundred megs of disk space, that's a trivial amount seeing as I can't easily buy a disk that's less than 300G anymore so it's not the same as a car taking up space in my driveway...maybe I'd give you a roller skate, but only a single one...and, it's buried in the dirt in that potted plant over there. As for others causing damage and me being responsible, how does that work? Can you point to a single case in which someone utilized an unutilized IE on someone else's machine and that second person had to provide restitution to some third party? Can you explain how that would work legally?

    BTW, if someone steals my car and does damage with it, I'm not responsible. Know how I know? Happened to my stepfather a few years back. Someone stole his car, and during the high speed chase slowed down, jumped out and allowed the car to continue down a busy street where it pretty much managed to hit or swipe every parked car for three blocks. So, you'll have to come up with an analogy that closely mirrors reality in order for it to work.

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  38. Why Microsoft should be Proactive by malevolentjelly · · Score: 3, Insightful

    I think this is an alarm call for Microsoft to be more proactive on the alternative browser situation.

    First, off, let's discuss a couple of nightmare scenarios that Microsoft would like to avoid:

    - A vanilla copy of Firefox is bundled with Windows. A large sum of users are connecting to the Internet through this browser and there are quality and security issues which Microsoft now has limited capacity to fix or address. If Mozilla, for instance, complemented the Unix security model well while poorly addressing the Windows security model (completely hypothetical), a third party would then be inserting its own Achilles' Heel into the Windows platform. It's not that it WILL but that it CAN.

    - If Microsoft is forced to ship either Chrome or Safari, they will be including products that are actively attacking their product share outside of the web browser market. These are wolves at the door for Microsoft, since Safari is basically a "switch to Mac" ad and Chrome is a "use google instead of Live" ad. I'd also like to point out that Safari does not play nicely with Windows' font rendering or accessibility.

    - A litigatively determined requirement leads to a comical freakshow of third party browsers, leading to a free-for-all user experience nightmare, destroying the unity of the system.

    My proposals for a solution:

    - Microsoft can be proactive on the Mozilla Firefox product right now. They should first focus on having a testing structure for their own release engineered version of Firefox, and second consider placing a few developers on Firefox's security team to look out for their best interests. If Microsoft supports a more "Camino" approach to the Firefox problem, they could support their own open-source fork of the Firefox product that focuses on better integration with the Windows 7 environment while maintaining the standards-oriented compatibility with the web platform. This would be an ideal solution since Windows Live and Silverlight, etc. are already focused on Firefox support for Microsoft plugins, etc. Furthermore, having a presence on the Firefox team would allow Microsoft to address security issues much more quickly while improving face.

    - Alternatively, I believe Microsoft could find an even cheaper and less idealistically challenging approach in simply licensing Opera. Why not? With their small team and focus on professional implementation, an Opera-branded Windows 7 specialized browser could be a ticket out of monopoly-town while not entirely losing the benefits of having an in-house browser team. The Opera team is smaller and centrally managed vs. the Firefox team, allowing Microsoft to work very actively alongside the developer in seeing features and compatibility issues worked out (ie Silverlight compatibility). Perhaps a more controllable and less wild product would be the ideal means of keeping control of the quality and security of the Windows Platform while maintaining a competive edge in usability.

    Also, what Microsoft stands to lose:

    If OEMs are left to deal with the notion of embedding third party browsers instead of Microsoft, they lose their control and their ability to maintain the quality and integrity of their platform. Imagine what OEMs would do with an open source product like Firefox-- there could be Dell Firefox, HP Firefox, etc. Microsoft needs to reign this problem in an preempt it with a workable solution before it falls out of their hands.

    And finally, I'd like to underline the importance of maintaining Internet Explorer as a product: It's of the utmost importance that Microsoft offer a supported way to access the web within their platform for both enterprise IT considerations, which Firefox ignores, as well as the process of support and security patching. Keeping Microsoft branding in the web is important for their company's existing relevance in emerging industries. Also, I'd like to add that Microsoft participating in the "standards-based" web game will result in a better documented an

  39. Re:Yeah, like that will work. by rafavargas · · Score: 2, Informative

    ...no one bought it.

    It seems that only 1,787 copies of Windows XP N were sold so far in 2006. http://www.microsoft.com/presspass/legal/european/04-24-06windowsxpnsalesfs.mspx

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