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Microsoft Cancels EU Antitrust Hearing

bahstid writes "The NY Times reports that Microsoft and the European Commission have canceled the only hearing planned in an antitrust investigation into the company's tying of Internet Explorer into Windows because of a dispute over the attendance of European regulators serving as advisers. As a result, the commission will reach its decision and levy a fine based on written statements from Microsoft and its adversaries. Microsoft decided against the opportunity to give oral evidence in the case after it was unable to persuade the commission to move the meeting, scheduled for June 3rd through 5th, so that it did not conflict with a global antitrust conference in Zurich that draws European antitrust regulators."

203 comments

  1. Microsoft Requested It by Daengbo · · Score: 4, Insightful

    MS requested the opportunity to present oral arguments, the EU scheduled the meeting, MS felt that, although all the required attendees could make it, the date conflicted with another large event, leaving MS without a chance to orally lobby some of those on the sidelines.

    MS said that they're not attending, and the EU cancelled it. Basically that means that it's over and that MS is going to lose.

    Get your checkbook out, Ballmer!

    1. Re:Microsoft Requested It by rtfa-troll · · Score: 3, Insightful

      leaving MS without a chance to orally lobby

      Mod parent insightful. If you steal a car and try to "lobby" the police, trust me you won't get a "fair hearing". That Microsoft goes around breaking the law and then expects to be able to get politicians to help them avoid their penalties is shocking. They are clearly unrepentant in any way and I wish the European courts would get it together to increase their penalties massively to send a clear message that such corruption should not be tolerated. Remember Microsofts crimes are not victimless. There were pensioners who invested in Netscape. There were people who would have been able to pay their medical bills with their Novell money. All the extra money in the Microsoft tax could have been paying for better Linux development. Your taxes could be paying for better bridges instead of a new office install.

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    2. Re:Microsoft Requested It by TheLink · · Score: 0, Troll

      "There were pensioners who invested in Netscape."

      MS did lots of bad stuff but I don't blame MS for Netscape's fate.

      Netscape sucked. Navigator 3 was better than IE3 and maybe IE4 (and still crappy - rendering a large Slashdot page took ages). Netscape lost more ground from Nav 4 onwards. It took years before Mozilla was usable. Navigator 6 and its followups were bad jokes.

      Netscape tried to get money from selling servers. Apache and other FOSS stuff killed them there.

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    3. Re:Microsoft Requested It by rtfa-troll · · Score: 3, Interesting

      If "sucked" killed companies, then windows 95, 98 and Vista would have killed MS dead. Netscape had the market volume and could easily have survived a few bad versions with their market share. However Microsoft made sure that didn't happen. The funny thing, however, is that we are even discussing this. There were clear US Antitrust decisions which say this much. If you read them it's clear that MS set out to kill competitors through illegal methods and did so and that that included Netscape. The lack of basic coverage of anthing critical in almost any media is the only possible way so many people could come to believe that Netscape died because they released bad software. Long term they might well have died; but it would be something other than (and better than) IE which would have replaced them.

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    4. Re:Microsoft Requested It by jareth-0205 · · Score: 2, Insightful

      To be fair to Netscape, once MS had subsidised their browser to £zero (given their desktop monopoly) where was Netscape going to get their income from? I'd imagine nothing kills a business's direction quicker than the knowledge there's no way to get any money in to run the company...

    5. Re:Microsoft Requested It by BadAnalogyGuy · · Score: 1

      where was Netscape going to get their income from?

      Web servers, wortals, business server support, custom browsers...

    6. Re:Microsoft Requested It by siloko · · Score: 1

      Your taxes could be paying for better bridges instead of a new office install.

      mmmm, that's where our tax dollars are already going!

    7. Re:Microsoft Requested It by Anonymous Coward · · Score: 1, Insightful

      Honestly, I feel this particular argument against Microsoft is flawed. You say steal a car, but it's more like they put a radio in the car they were selling of their own. Can radio companies sue car manufacturers for giving the consumer what they expect? Internet browsers are replaceable. This kind of thing would never happen if the product was a physical one. If software companies want people to use their product, then make a better product. Netscape failed because it wasn't good enough. There's a difference between regulation and protectionism. Usually.

    8. Re:Microsoft Requested It by Jurily · · Score: 4, Informative

      Netscape had the market volume and could easily have survived a few bad versions with their market share. However Microsoft made sure that didn't happen.

      Microsoft was not in a position at the time to bury Netscape. They did it themselves.

      Way back in April, I wrote that Netscape made the "single worst strategic mistake that any software company can make" by deciding to rewrite their code from scratch. Lou Montulli, one of the 5 programming superstars who did the original version of Navigator, emailed me to say, "I agree completely, it's one of the major reasons I resigned from Netscape." This one decision cost Netscape 3 years. That's three years in which the company couldn't add new features, couldn't respond to the competitive threads from Internet Explorer, and had to sit on their hands while Microsoft completely ate their lunch.

    9. Re:Microsoft Requested It by timmarhy · · Score: 0, Troll
      windows 95/98 and vista are perfectly capable desktop OS's. yes 98/95 weren't multer user friendly but at the time that wasn't Ms's core market. the bad press against vista is over rated. i've used it and it was fine, atleast as fast a XP Sp3.

      the only thing Ms need a spanking over is it's treatment of OEM's who want to offer alternative OS's, in that respect they try to punish them by removing the bulk discounts OEM's enjoy. the whole bundling arguement is horseshit.

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    10. Re:Microsoft Requested It by timmarhy · · Score: 1, Insightful

      Ms bundling IE was a better deal, that's what capitalism is all about, offering a better deal and an improved product. if netscape had management with a brain they would have seen the writing on the wall for selling browser software and moved more agressively into the server market than they did.

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    11. Re:Microsoft Requested It by hkmwbz · · Score: 0, Troll

      Honestly, I feel this particular argument against Microsoft is flawed. You say steal a car, but it's more like they put a radio in the car they were selling of their own.

      No it isn't. Microsoft broke the law. It's that simple.

      Can radio companies sue car manufacturers for giving the consumer what they expect?

      If a car manufacturer breaks antitrust laws and prevents competition in the radio market, sure. But they didn't.

      This kind of thing would never happen if the product was a physical one.

      Nonsense. Antitrust laws are turned on all sorts of companies all the time.

      If software companies want people to use their product, then make a better product.

      So Firefox, Safari and Opera are not better than IE?

      Netscape failed because it wasn't good enough.

      Then why didn't Microsoft fail, considering the low quality of many or most of their products? Windows Me? Windows Vista? MS-DOS?

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    12. Re:Microsoft Requested It by hkmwbz · · Score: 2, Insightful

      Ms bundling IE was a better deal, that's what capitalism is all about, offering a better deal and an improved product.

      Except Microsoft also broke the law by abusing their dominant position to lock people into IE (actively preventing interoperability).

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    13. Re:Microsoft Requested It by Anonymous Coward · · Score: 0

      Internet browsers are replaceable.

      Web browsers are NOT easily replaceable by the majority of computer users.

    14. Re:Microsoft Requested It by Anonymous Coward · · Score: 0

      If you are arrested, you'd get a fair trial. Same goes for Microsoft. You say they broke the law, but if Microsoft thinks otherwise, they have the right to prove they are not guilty. This (now canceled) hearing is one of the ways Microsoft can use to show they are not guilty.

      And windows vista works just as fine on my laptop as XP does on my desktop. The only real alternative (for a regular user) is a mac, which is hideously over-priced.

    15. Re:Microsoft Requested It by Anonymous Coward · · Score: 0

      And lets not forget that Netscape set out to "kill Mosaic". The geek whining about Netscape's innocence seems to forget that their business model was designed to crush their rivals - they were not some innocent wide eyed startup, and they had worked on Mosaic (they even called it Mosaic Netscape originally, without licensing the name) before hiving off into Netscape. And how did they do this? Giving their browser away free - the trial period was never enforced on purpose. In fact Andressen said

      "That was the way to get the company jump-started, because that just gives you essentially a broad platform to build off of. It's basically a Microsoft lesson, right? If you get ubiquity, you have a lot of options, a lot of ways to benefit from that. You can get paid by the product you are ubiquitous on, but you can also get paid on products that benefit as a result. One of the fundamental lessons is that market share now equals revenue later, and if you don't have market share now, you are not going to have revenue later. Another fundamental lesson is that whoever gets the volume does win in the end. Just plain wins.

      Of course their downfall was due to resting on their laurels and the suckiness of the later browsers, but you can't complain about people using the same tactics against Netscape that they used against Mosaic.

    16. Re:Microsoft Requested It by hkmwbz · · Score: 4, Insightful

      If you are arrested, you'd get a fair trial. Same goes for Microsoft. You say they broke the law, but if Microsoft thinks otherwise, they have the right to prove they are not guilty. This (now canceled) hearing is one of the ways Microsoft can use to show they are not guilty.

      No, this hearing was nothing like a trial. Even Microsoft admitted that the hearing had no legal implications. It was purely an opportunity for Microsoft to do some lobbying before the real case actually starts.

      Also, it was Microsoft which canceled the hearing. They claim it's because of the competition law meeting at the same time, meaning that higher level officials would attend the meeting rather than the hearing. But Microsoft is lying again, because they know very well that these hearing are usually only attended by staff level personell, in addition to the competition commissioner. And the competition commissioner was scheduled to be there until Microsoft canceled.

      Read more about Microsoft's dishonesty in this comment.

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    17. Re:Microsoft Requested It by jareth-0205 · · Score: 1, Insightful

      *sigh*

      I can't believe after all these years, after all the posts pointing out the issue that this still needs to be explained.

      So, again:

      Pure, unfiltered capitalism is flawed. It ends up with one company dominating and dictating everything. We have rules to stop this from happening such as "a company may not leverage a monopoly in one area to gain marked share in another". This is what they did and why it's considered a bad idea.

    18. Re:Microsoft Requested It by Weezul · · Score: 1, Flamebait

      I agree completely, but it's worth mentioning once upon a time MS tried avoiding politics. They were definitely breaking the law then, but U.S. politicians gave them a choice : get reamed by anti-trust cases or start paying for campaigns.

      It's far more respectable to be a crook that tries to avoid the police altogether than to be a crook who welcomes police involvement and corruption to set p protection racks and help organize crime, like soo many other industries.

      Well, my point is that blame lies with both corporations and politicians, and indirectly with people who let them get away with it.

      --
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    19. Re:Microsoft Requested It by Anpheus · · Score: 3, Insightful

      And we'll never know how things might have gone otherwise, but continued for-profit browser wars likely would not have been for the better.

      There are several types of cost. In this case, reducing the cost spurred competitors to produce even better software in order to overcome an even greater obstacle. See, when ever browser costs money, it's easy to evaluate every browser on those criteria. Microsoft reduced the time and effort cost of getting IE to zero, and relative to that, the cost of every other browser shot up. Netscape -had- to go free, but on top of that, it had to prove to customers it was so much better it deserved the cost of change. People hate change, and very few people like messing around in settings and control panels and installing software they don't need. Hence why it's so important for programmers to pick good defaults. Most people will never change them for fear of breaking something.

      So Microsoft reduced the gratis cost of every other browser to zero, but relatively speaking, every other browser had a different type of cost that was even greater. Sure, no one likes handing out money, but people hate change even more than they like buying things. As a result, the other browser software had to get so much better than the truly "free" browser (it's already installed!) that users could justify that cost of change. And that's what Opera did, it's what the Mozilla team did, the Google team have done it. Now Microsoft is -forced- to compete with these features to retain customers, and a natural economic balance is struck.

      I won't lie to you, Microsoft probably killed the business of making money from browsers irrevocably. But I think that was for the better. I think making other browsers have to be truly so much superior to IE in order to convince them to switch was necessary for the fundamental shift toward more advanced and more standardized web capabilities.

    20. Re:Microsoft Requested It by hkmwbz · · Score: 1

      continued for-profit browser wars likely would not have been for the better

      There is a for-profit browser war as we speak. Many companies make money from browsers, including the Mozilla Corporation, Opera Software, Japanese Access, and so on. (Note that the Mozilla Corporation, although for-profit as a corporation, funnels the profits back to the Mozilla Foundation, but that's not really relevant here.)

      In this case, reducing the cost spurred competitors to produce even better software in order to overcome an even greater obstacle.

      So in this case, breaking the law was good? I disagree. Microsoft illegally cornered the market, and illegally raised the cost for everyone else by forcing other browser vendors to emulate proprietary and undocumented bugs and features in order to compete. But doing this takes a lot longer than implementing it in the first place, so Microsoft else was at a huge advantage, meaning that they got do basically eliminate the web as a threat to their dominance in the OS market, leading to the development pace of the web slowing to a crawl.

      As a result, the other browser software had to get so much better than the truly "free" browser (it's already installed!) that users could justify that cost of change. And that's what Opera did, it's what the Mozilla team did, the Google team have done it.

      If Microsoft hadn't illegally destroyed the market, there might have been multiple competitors at an earlier stage, and we would have been much better off now. Remember, Microsoft basically disbanded its browser team, and held the progress of the web back for several years.

      I won't lie to you, Microsoft probably killed the business of making money from browsers irrevocably.

      No. People are making money from browsers today. Sadly, Microsoft's illegal actions means that other browser vendors have to spend a lot of time working around Microsoft's nonsense to get things working.

      I think making other browsers have to be truly so much superior to IE in order to convince them to switch was necessary for the fundamental shift toward more advanced and more standardized web capabilities.

      With real competition, there would have been several competitors, and IE6 would not have been able to hold back the web for many years. We could have progressed much more if Microsoft hadn't put the brakes on the web.

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    21. Re:Microsoft Requested It by TropicalCoder · · Score: 1

      I won't lie to you, Microsoft probably killed the business of making money from browsers irrevocably. But I think that was for the better. I think making other browsers have to be truly so much superior to IE in order to convince them to switch was necessary for the fundamental shift toward more advanced and more standardized web capabilities.

      What a silly argument! How did this ever got modded as 'insightful'? In the first place, if there was true competition among browser all along, the force of competition would ensure survival of the fitest from the very beginning. At a minimum, you would still have exactly the same evolution. More likely, we would have seen many more companies involved in browser design over a longer period and consequently even more innovation. As it has been with IE dominating the market, very few companies/organization have the requisite resources to even think about developing a browser. IE's dominance stifled innovation for many years, to the detriment of us all, and to the detriment of web standards. Who knows maybe web standards would be much more highly evolved at this point otherwise? Like maybe we would already have HTML 5 and maybe even 6? Make no mistake, Microsoft's illegal bundling of IE has been very bad for the whole world, and there is no up side to it.

    22. Re:Microsoft Requested It by TheLink · · Score: 0

      It's _relative_. What viable alternatives to Win95 were there? Macs were expensive back then. X desktops were really ugly. Linux was even more unsuitable for the desktop back then. BSD was having legal troubles and had similar problems as Linux in terms of "Desktop Ready". What would you have used? Amiga was bankrupt by 1995 - I believe the commodore fans mostly blame commodore.

      Back in the past if you were a Linux/Unix user and were using crash-happy Netscape 4, you'd be wishing for IE5 or IE6. Really, it was that bad. As it is bundling IE on windows was a good thing for Windows users.

      It took till 2006 or so before I considered Mozilla stable enough and not too crappy. Back in 2005, I found it was common for Firefox to use more mem than a whole virtual machine running windows XP +IE. 1GB vs 400MB. IE on XP on vmware on Linux used less mem than native FF on Linux! This was at work where we devs had Linux desktops.

      That's a long time without a decent browser (yes I did try opera and it also did use a lot of mem too, I have a habit of using lots of browser windows/tabs).

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    23. Re:Microsoft Requested It by RobertLTux · · Score: 1

      the car radio thing fails because its really that:

      1 the head unit is part of the dash
      2 you can take the face plate off but it will still work
      3 several systems are designed to use hidden controls to directly operate the radio
      4 even if you somehow cut the head unit out the next time you go in for service they will
      "For Free" reinstall the unit (and may in fact give you the newest unit)
      5 the car does not work right even without the head unit because you have to use modified parts (or parts from a previous model) to get the car to start without the head unit

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    24. Re:Microsoft Requested It by Anonymous Coward · · Score: 0

      Ya, Win 95 sucked so bad compared to the competition that people were lining up in droves to buy it.

    25. Re:Microsoft Requested It by Deathlizard · · Score: 1

      No it isn't. Microsoft broke the law. It's that simple.

      Yes. Years ago. They are atoning for this (although not that well right now, but at least there's some interoperability documentation out there VS 5 years ago). As it stands it's much easier switch to alternatives in XP and Vista then it ever was in the past OS'es. And OEM's can install whatever they want to their system builds.

      If this was a case of simple monopoly, why isn't Apple getting sued for bundling Itunes with OSX? It's just as bad a monopoly as IE is.

      If a car manufacturer breaks antitrust laws and prevents competition in the radio market, sure. But they didn't.

      Ford and GM did exactly that in the 90s when they attached their climate controls directly to the stereos of some of their cars. If you removed the stereos, the heater didn't work anymore. Don't see no monopoly lawsuits there, but I do see aftermarket kits that allow you to add aftermarket stereos. Same thing goes for browsers. The original post still makes sense in this regard.

      Nonsense. Antitrust laws are turned on all sorts of companies all the time

      Yes. Although Apple has a nack of avoiding judgement it with ITunes for some reason.

      So Firefox, Safari and Opera are not better than IE?

      Stats don't lie. IE is bleeding market share. Even IE8 isn't keeping users from jumping from other browsers. it wouldn't surprise me if they are below 50 percent by the end of next year.

      On another note, Chrome had more market share then Opera after only being available for two months. That has nothing to do with Opera suing MS for antitrust. Nope. Nada. That big bag of MS settlement money is not compelling at all. They're doing it to save the browser market. Yep! They'll just donate that big bag of money to starving children because their so nice like that.

      Then why didn't Microsoft fail, considering the low quality of many or most of their products? Windows Me? Windows Vista? MS-DOS?

      MS-DOS was the Best OS MS has ever produced. I've seen system uptimes you could measure in decades when it comes to that OS.

      Windows ME was garbage. Everybody knew it was garbage. Thats why they used Windows 2000.

      Vista works well especially after SP1. I use it at work and I've never had a problem with it. It's a little slower vs XP but then again, Windows 2000 was slower than NT4, which was slower than 3.5, which was slower than NT 3.1 ETC. I can guarantee that the same exact performance scaling is true with just about any OS out there. It's called progress.

    26. Re:Microsoft Requested It by TheLink · · Score: 1

      They were also selling servers back then.

      I know, because the company I worked for back then was exploring being a reseller.

      Back then it was the "dotcom" boom and every other company was thinking they might need a website.

      But too bad for Netscape, most people stuck with ncsa httpd, then later moved to Apache.

      If MS killed Netscape by giving out free browsers, then similarly FOSS killed Netscape with free servers. Heck Sun was being strangled by FOSS for years before they got bought up.

      Of course giving out stuff free when you're a monopoly can be illegal ;).

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    27. Re:Microsoft Requested It by ClosedSource · · Score: 1, Insightful

      The primary reason that the DOJ got involved in the first place was because MS competitors (who had embraced the corruption you spoke of) had lobbied for it. That's why the outcome didn't really help consumers - it was never about them.

    28. Re:Microsoft Requested It by Anonymous Coward · · Score: 0

      2004 called, it wants its FUD back.

    29. Re:Microsoft Requested It by 99BottlesOfBeerInMyF · · Score: 3, Insightful

      I won't lie to you, Microsoft probably killed the business of making money from browsers irrevocably. But I think that was for the better.

      I think you're dead wrong. MS has spent the last decade with dominance in the browser market. During that time they've not implemented anything other than proprietary technologies and partially implemented versions of eight year old standards. Web developers spend all their time trying to find ever more clever ways to use these ancient, broken standards. We've had little to no progress in actual Web technologies during that time. Only in the last year or two with MS losing some of their market share has their been any real advance, but MS is still too big and the limiting factor.

      Browser makers don't devote resources to implementing newer technologies because if IE doesn't support them, Web developers can't se them. For a technology industry, especially such a huge and profitable one to stagnate so badly, something is seriously broken. That "something" is MS's monopoly abuse to prevent interoperability and slow innovation that might threaten their other products,

      Seriously, do you think I would have significant market share today if it was not bundled with Windows? Do you think if IE did not have significant market share Web developers would hold back on using cool new technologies just for IE? Do you think browser makers would not be competing to implement those technologies better than others? That's the problem we have, lack of competition leading to lack of innovation. We might as well implement extreme socialism if we allow monopolists to undermine the primary advantages of capitalism.

    30. Re:Microsoft Requested It by hkmwbz · · Score: 1

      Yes. Years ago.

      And right now. IE is still the dominant browser, and is still holding everyone else back.

      If this was a case of simple monopoly, why isn't Apple getting sued for bundling Itunes with OSX? It's just as bad a monopoly as IE is.

      Maybe, maybe not. In fact, antitrust authorities in various countries have actually looked at whether iTunes could be infringing competition law. But Mac OS X is not a dominant platform, unlike Windows. I can't believe people are still making these silly comparisons.

      Ford and GM did exactly that in the 90s when they attached their climate controls directly to the stereos of some of their cars. If you removed the stereos, the heater didn't work anymore. Don't see no monopoly lawsuits there, but I do see aftermarket kits that allow you to add aftermarket stereos. Same thing goes for browsers. The original post still makes sense in this regard.

      No it doesn't. Just because no antitrust case was raised doesn't mean that they wouldn't have been found guilty. However, I don't know the details, and only have your description to go by, so I'm not going to comment on this specific claim you are making.

      IE is bleeding market share.

      Maybe, maybe not. Browser statistics do lie. Net Applications in particular have been caught manipulating their own stats numerous times. But IE is still dominant. On that, all browser stats agree. But part of the reason IE might be losing users in the first place is that the courts have been used to force Microsoft to open up to competition. After the EU case was launched, Microsoft started doing all sorts of stuff like defaulting to standards mode in IE8, and so on, as a direct result of the EC looking at Microsoft's business practices.

      On another note, Chrome had more market share then Opera after only being available for two months. That has nothing to do with Opera suing MS for antitrust.

      Opera didn't sue anyone. Opera reported Microsoft's crimes to the EC. Google, Mozilla, and a large number of other software manufacturers joined.

      As for the claim that Chrome has more market share than Opera, even Google doesn't agree there. A while ago, Opera reported having 30 million desktop users. At the same time, Google reported 10 million users for Chrome. And somehow, Net Applications's (yes, the ones you are basing your flawed claim on) stats showed Chrome with a higher market share than Opera. Yes, that's how reliable Net Applications is. And that's just one of many examples of their useless statistics.

      Other more reliable statistics still show Opera ahead of Chrome, which is surprising considering the insane amount of advertising Google has been doing. When the world's most powerful advertising company is having problems getting its own product (Chrome) out there, you know there is something wrong with the (browser) market.

      That big bag of MS settlement money is not compelling at all. They're doing it to save the browser market. Yep! They'll just donate that big bag of money to starving children because their so nice like that.

      Actually, Opera, Google, Mozilla, Adobe and the others backing the EC antitrust case don't stand to make a single dime if Microsoft is found guilty.

      As for Opera, they have a track record of actually supporting good causes, promoting open standards, putting real money behind their work on open standards, etc. Opera's CEO is also a guy with a vision, not just some random guy in a suit looking to make a quick buck. His father worked with disabled children, and he has picked up on that kind of work, and has a goal of bringing as many people as possible online and to tear down digital divides. I know it's impossible for someone brainwashed by Microsoft's grotesque business practices to understand that someone isn't just a money-grabbing b

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    31. Re:Microsoft Requested It by rtfa-troll · · Score: 1

      I fundamentally agree with Joel, and I still disagree with you. Had Netscape had money; still been in the position to sell their product for profit etc. they would have simply had two programming teams. Lou Montulli could have continued with the old base and the people who believed in XML could have gone on to do whatever they want. I've seen this in companies where I have worked, where the super, new, great going to take over the world product never actually catches up with the key features of the old product which is in minimal maintenance mode and is eventually phased out when nobody can sell it. However, I've also seen that a rebuild as a complete new product can end up completely overtaking the old. Rewrites are mostly wrong, but software development is very much statistics and sometimes they work. Had it not worked, Netscape had such a lead that they could have still been the main player in a wider market. Had the rewrite been better financed and worked quicker, it might have given them a lead. As it was, they were forced to gamble big time and lost.

      Look; Netscape are the evil people who closed and effectively killed Mosaic. I don't want to post anything more defending them. The court documents and Microsoft's settlements are a clear enough statement of who is to blame that anyone who reads them can see that Microsoft was trying to kill Netscape. Shooting at someone and then saying "well, he would have died of a heart attack anyway; I didn't hit him anywhere fatal so you can't blame me" is hardly the best strategy to get a court to declare you innocent. We can never know for sure whether Netscape would have succeeded if they weren't interfered with. The company to blame for that is Microsoft.

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    32. Re:Microsoft Requested It by TheRaven64 · · Score: 2, Informative

      Acorn was shipping machines that had a nice GUI, multitasking, built on a solid RISC architecture at a fraction of the price of a comparable Windows 95 machine.

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    33. Re:Microsoft Requested It by KingMotley · · Score: 1

      To be fair, Netscape was the one that dropped their price for the browser to $0.00. Microsoft just matched it. At the time, you had to buy the Windows 95 Plus Pack in order to get IE.

    34. Re:Microsoft Requested It by 99BottlesOfBeerInMyF · · Score: 1

      No it isn't. Microsoft broke the law. It's that simple.

      Yes. Years ago. They are atoning for this

      Umm, Microsoft is still breaking the law today. The complaint was filed last year.

      If this was a case of simple monopoly, why isn't Apple getting sued for bundling Itunes with OSX? It's just as bad a monopoly as IE is.

      You have fundamentally misunderstood the nature of antitrust law. MS is accused of abusing their monopoly on desktop operating systems to hurt the browser market. They are not accused of having a monopoly on browsers.

      I might mention the EU has investigated Apple with regard to several antitrust abuses, one where they were proxy for the music industry's cartel and recently for the iPod which they decided did not constitute a monopoly. Apple would be banned from bundling OS X and iTunes only if they had a monopoly on the relevant market for one product. Which were you thinking constituted a monopoly?

      Ford and GM did exactly that in the 90s when they attached their climate controls directly to the stereos of some of their cars.

      So was it Ford or GM that had a monopoly on cars? Sorry, that falls under weaker consumer protection laws, not antitrust.

      Yes. Although Apple has a nack of avoiding judgement it with ITunes for some reason.

      Umm, yeah. What was the monopoly you were thinking of there again?

      IE is bleeding market share. Even IE8 isn't keeping users from jumping from other browsers. it wouldn't surprise me if they are below 50 percent by the end of next year.

      How does any of that matter? If I try to murder a guy with a pistol and they happen to be wearing a bulletproof vest, can I argue that their ability to mitigate most of the damage from my crime means I should not be punished for it? Again, MS is not accused of having a monopoly on Web browsers. If you think that's what this case is about and keep basing your arguments upon that premise, then you have no understanding of what the rest of us are talking about. Please read up on antitrust law before trying to second guess the legal experts working for the EU. Even MS knows they're completely guilty here. They've been convicted of this crime before in other jurisdictions. It is open and shut.

      That has nothing to do with Opera suing MS for antitrust.

      Opera did not sue. They reported the crime. The EU is prosecuting the crime. There was no civil suit involved and Opera asked for no damages, just remedies.

      I'll stop here. There's not much point going on. Until you get a clue as to what antirust law is and what this case in particular is about, discussion is meaningless.

    35. Re:Microsoft Requested It by RiotingPacifist · · Score: 1

      if IE was genuinely a better deal then why did they threaten OEMs that were going to bundle the OS with Netscape instead of IE?

      --
      IranAir Flight 655 never forget!
    36. Re:Microsoft Requested It by ae1294 · · Score: 1

      LoL... yes a radio you can never remove...

    37. Re:Microsoft Requested It by Deathlizard · · Score: 1

      And right now. IE is still the dominant browser, and is still holding everyone else back

      And Again is Bleeding Market Share. As for holding people back, If your talking about Web Devs, IE8 makes great strides in compliency as well as allowing Legacy designs to run. It's still behind standards wise but it's light years ahead it's predecessors.

      In fact, antitrust authorities in various countries have actually looked at whether iTunes could be infringing competition law. But Mac OS X is not a dominant platform, unlike Windows. I can't believe people are still making these silly comparisons

      But they are not doing anything, and this is not a "silly" Comparasion as you like to call it. ITunes has already taken out multiple competitive services. Hell, Microsoft alone has already lost two fronts (playsforsure and URGE) and are most likely going to lose with Zune as well. It's done more damage to competitive products than even IE did to browsers.

      Maybe, maybe not. Browser statistics do lie. Net Applications in particular have been caught manipulating their own stats numerous times. But IE is still dominant. On that, all browser stats agree. But part of the reason IE might be losing users in the first place is that the courts have been used to force Microsoft to open up to competition

      What Open Competition? Everything is Free and the only competitive edge anymore is features and performance. I don't see a Firefox icon on a Default Vista or XP install. I also haven't seen an OEM package an alternative browser in their builds. (although they can if they wanted to) But Yet, Firefox share is still rising. The only thing MS did to XP and Vista was make it easier to set a default application for web, media, email, ETC.

      If you offer a better product then people will choose it. At the Time when IE was 90%, There was Netscape or IE. Netscape Sucked, so IE became dominant. Now that there are alternatives that offer more features and better performance, and IE sucking, you see IE share dropping.

      Opera didn't sue anyone. Opera reported Microsoft's crimes to the EC.

      but didn't in the US antitrust trial, when the browser WAS the focus of that trial, and if they did, I never heard about it. I guess they were too busy making Swedish Chef Translators instead of suing.

      Google, Mozilla, and a large number of other software manufacturers joined.

      Because when you see a competitor down, you kick it. Did you See how fast Nvidia jumped on the Intel antitrust bandwangon with their ION platform as soon as the antitrust ruling came down? Thats what Corporations do.

      As for the claim that Chrome has more market share than Opera, even Google doesn't agree there. A while ago, Opera reported having 30 million desktop users. At the same time, Google reported 10 million users for Chrome. And somehow, Net Applications's (yes, the ones you are basing your flawed claim on) stats showed Chrome with a higher market share than Opera. Yes, that's how reliable Net Applications is. And that's just one of many examples of their useless statistics.

      Onestat.com if you don't like Net Applications
      3 of the 6 stat groups mentions on wikipedia are not counting Chome in their list. AT Internet Institute is reporting Opera higher than Chrome. It also is putting Opera higher than any other stat group at 4% Only 2 of the 6 stat groups put Opera above 1%. only 1 above 2%

      If you want to go for a larger sample, 5 of the 6 stat groups put Safari higher than Opera. although Apple has been in the game awile longer and forced download through Itunes updates, (No antitrust there. Nope.) Opera has been around for almost a decade, is available on two of the most popular game consoles today, and still has barely any share.

      As for desktop numbers, How does Opera Know? How does Google Know? I suppose they both could b

    38. Re:Microsoft Requested It by Anonymous Coward · · Score: 0

      I think you're ignoring that capitalism requires there to be competition in order to function properly. Once you're talking about a monopoly, claims of capitalism no longer apply.

    39. Re:Microsoft Requested It by Anonymous Coward · · Score: 0

      THis is such fucking bullshit.

      1. win 95 "1.0" did not ship with TCP/IP or a web browser

      2. Microsoft tried to buy Netscape and force them to stop writing code for win32

      3. After several versions of IE (based on a purchased 3rd party code base) MS leverages their desktop monopoly be illegally bundling IE for free -- killing netscape's oxygen supply ^H^H^H I mean revenue stream from business customers

      THAT is what happened kids. Bill Gates saw that the web was a computing platform that made his desktop monopoly irrelevant, so he attacked it.

    40. Re:Microsoft Requested It by Runaway1956 · · Score: 0

      Mod parent +500 for having clues. ;)

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    41. Re:Microsoft Requested It by Deathlizard · · Score: 1

      Umm, Microsoft is still breaking the law today. The complaint was filed last year.

      Because they are not complying fully with the original decision. Their documentation is not all there. I said they had to work on that. At least whats out there is better than nothing.

      You have fundamentally misunderstood the nature of antitrust law. MS is accused of abusing their monopoly on desktop operating systems to hurt the browser market. They are not accused of having a monopoly on browsers.

      By that definition, you could create an antitrust case for MS bundling Notepad with windows. OS'es today do more than just boot and show a prompt.

      I might mention the EU has investigated Apple with regard to several antitrust abuses, one where they were proxy for the music industry's cartel and recently for the iPod which they decided did not constitute a monopoly. Apple would be banned from bundling OS X and iTunes only if they had a monopoly on the relevant market for one product. Which were you thinking constituted a monopoly?

      The fact that the ITunes store crushes competition comes to mind. Vendor lock in also comes to mind, since you need a IPod to listen to ITunes music. (Although they have DRM Free downloads now so it's not that big of an argument anymore.) Even MS with them "Bundling" URGE in WMP didn't even dent Itunes.

      If you would like, I guess I could say that Apple used it's Itunes monopoly to Sell IPods and Macs. That would fit in your monopoly definition. I can probably make a safe bet that ITunes runs better on a mac Vs windows, and it would be improbable to use an IPod without ITunes.

      Opera did not sue. They reported the crime. The EU is prosecuting the crime. There was no civil suit involved and Opera asked for no damages, just remedies.

      Where were they when MS WAS being investigated in the US for Browser bundling?

      Also. this is a first step. Getting a Guilty verdict here gives Opera a stronger case in court to go civil suit, since they can use this case as a precedent.

    42. Re:Microsoft Requested It by Your.Master · · Score: 1

      Breaking antitrust law is never simple, because it's always contextual.

      It's not like theft, which can have context as an ameliorating factor, but which is still clearly illegal. Antitrust law makes illegal things which are generally legal for other parties. That's why it's generally considered a non-issue that Apple bundles Safari with OSX.

      You cannot, context-free, say whether or not "X is bundled with Y" is illegal, let alone ethical. You need to know what X and Y is, establish context, determine alternatives, etc., until you can make an educated decision.

    43. Re:Microsoft Requested It by Elektroschock · · Score: 1

      No, it is plain stupidity.

      Also, it was Microsoft which canceled the hearing. They claim it's because of the competition law meeting at the same time, meaning that higher level officials would attend the meeting rather than the hearing.

      Furthermore it is extremely arogant. Even the Commissioner was supposed to attend the hearing.

      But Microsoft is lying again, because they know very well that these hearing are usually only attended by staff level personell, in addition to the competition commissioner. And the competition commissioner was scheduled to be there until Microsoft canceled.

      Why not simply assume the lawyers were not paid or the decision makers are nuts? The Brussels invasion of the Lemmings! You don't request a hearing and then say you don't want one. Even when you changed your mind, the way it was carried out demonstrates public affairs incompetence. With these lobby tactics who needs opponents.

    44. Re:Microsoft Requested It by Elektroschock · · Score: 1

      "Because they are not complying fully with the original decision. Their documentation is not all there. I said they had to work on that. At least whats out there is better than nothing."

      No, this was another case, the first company ever not to comply with a competition ruling saga which took about ten years.

      This case is about bundling. Opera filed a complaint. Commission waited one year, said: hmm, true, bundling is illegal under our law for a monopolist, IE is bundled with Windows, here is our statement of objections, Microsoft: haha, the Commission is stupid, haha, what about Apple's bundling of Safari, or, wait, when we comply, that would give Google an advantage, do you want this, bla. So the procedure is that you file a defense and may get an official hearing if you want.

      And then your great lobby team says: Oh, we get out hearing but we don't want it now. Commission, fine, so you missed your chance.

      The core of the core is that Microsoft does not understand how you have to communicate with an antitrust authority. They think an antitrust investigation compares to a berber market, where you negotiate hard and convince the authority by bullying them. No, doesn't work... unless you have the ultimate Lemming strategy.

    45. Re:Microsoft Requested It by Elektroschock · · Score: 1

      Yes, but that is not the way you can do it with the European Commission. In the USA it may be common to bully antitrust authorities. In Europe you are expected to shut up, play nice and comply.

      Would you troll against your judge when in court?

    46. Re:Microsoft Requested It by hkmwbz · · Score: 1

      See, here's the problem most of the anti-MS people don't get....they're declaring Microsoft broke the law by bundling IE as if that were somehow a meaningful part of the discussion.

      This isn't about "anti-MS", this is about the law. Bundling alone isn't against the law. Bundling with a dominant product to undermine competition in another market is illegal.

      When someone robs a bank and is arrested and put on trial, is anyone who argues that the facts show him to be guilty "anti-that person"? Of course not. Stop being thick.

      This isn't a case of an outright crime, like Microsoft breaking into Netscape's headquarters and beating up all their developers.

      Actually, this is a case of an outright crime. If one can show that Microsoft used bundling with a dominant product to undermine competition in a different market, one has shown that Microsoft broke the law. And guess what, they have already been found to break the law in several countries, including the United States.

      Some of us believe that the whole case against Microsoft was nothing more than a fraud upon the justice system

      Nice try, Microsoft shill. What's your job at Microsoft? Microsoft has been convicted under competition law in several countries already. Only a Microsoft shill would claim innocence with a straight face. You are a disgusting liar, just like Microsoft in this story. Microsoft lied and claimed that they were being mistreated because they didn't get to tell the EU when to hold the hearing, when the fact is that none of Microsoft's arguments apply. Higher-ups never attend these hearings anyway. They are always attended by staff-level personell, and Microsoft knows it. So your employer is spewing out blatant lies again in an attempt to stall. I hope the EC cracks down on Microsoft for these blatant lies.

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    47. Re:Microsoft Requested It by Jurily · · Score: 1

      THAT is what happened kids. Bill Gates saw that the web was a computing platform that made his desktop monopoly irrelevant, so he attacked it.

      Sounds good, doesn't it? Now let me show you how big Netscape was:

      IE8 on Windows 7

              Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 6.1; Trident/4.0)

    48. Re:Microsoft Requested It by Frosty+Piss · · Score: 1

      ...orally lobby...

      I'm sorry, what?

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      If you want news from today, you have to come back tomorrow.
    49. Re:Microsoft Requested It by JAlexoi · · Score: 1

      If that were true, MS would be dead, since there was a 5 year delay in their new OS (XP to Vista), and realistically 7 year delay, because so many people will just skip Vista and go to 7.

    50. Re:Microsoft Requested It by 99BottlesOfBeerInMyF · · Score: 1

      Umm, Microsoft is still breaking the law today. The complaint was filed last year.

      Because they are not complying fully with the original decision.

      You have no idea what you're talking about do you?

      By that definition, you could create an antitrust case for MS bundling Notepad with windows.

      Yes, you could.

      Which were you thinking constituted a monopoly?

      The fact that the ITunes store crushes competition comes to mind.

      You don't seem to know what a monopoly even is. How can you be so ignorant, yet so full of yourself that you think to argue a case here? In the context of antitrust law a monopoly is a market where one company or trust controls and overwhelming market share. In order to abuse a monopoly, Apple has to have a monopoly. What market do you think they have a monopoly on?

      If you would like, I guess I could say that Apple used it's Itunes monopoly to Sell IPods and Macs.

      iTunes is a software jukebox. It competes against Windows Media Player, Songbird, Realplayer, etc. It does not have monopoly influence on that market.

      Opera did not sue. They reported the crime. The EU is prosecuting the crime. There was no civil suit involved and Opera asked for no damages, just remedies.

      Where were they when MS WAS being investigated in the US for Browser bundling?

      Umm, the case in the US started off as some civil suits but was taken over by the states then the DoJ and made into a criminal case just like in the EU. Since MS never stopped the action they were convicted of in the US, they should expect to be convicted by the courts in every country where they do business.

      Also. this is a first step. Getting a Guilty verdict here gives Opera a stronger case in court to go civil suit, since they can use this case as a precedent.

      That's not what precedent is. You're thinking about reusing findings of fact. It's possible Opera will eventually sue MS, but there is no evidence of it. Just because you report a crime where you are a victim does not mean you will also sue for damages later. If you actually bothered to read the Opera complaint it is clear what they want. They want the EU to force MS to comply fully with Web standards so Opera does not have to waste all sorts of money working around broken Web pages resulting from MS's illegal dominance in the Web browser market.

    51. Re:Microsoft Requested It by hkmwbz · · Score: 1

      And Again is Bleeding Market Share.

      Actually, even Net Applications reports it as being pretty steady.

      As for holding people back, If your talking about Web Devs, IE8 makes great strides in compliency as well as allowing Legacy designs to run.

      And yet the mess continues. For example, IE8 was originally going to default to the IE7 engine, and you had to opt in to the new "better standards" mode. Only after the EU got ivolved did Microsoft change to default to standards mode (and basically admitted that it was because of the EU antitrust case).

      But they are not doing anything, and this is not a "silly" Comparasion as you like to call it. ITunes has already taken out multiple competitive services. Hell, Microsoft alone has already lost two fronts (playsforsure and URGE) and are most likely going to lose with Zune as well.

      So? Can you show that this is because of anti-competitive behavior by Apple? If so, feel free to report them to the authorities. Although didn't they already look into it and conclude that Apple had not violated competition law?

      It's done more damage to competitive products than even IE did to browsers.

      Maybe it has done damange (irrelevant when discussing whether Microsoft is guilty or not), but it most definitely has not done more damage to the competition than IE.

      What Open Competition? Everything is Free and the only competitive edge anymore is features and performance.

      There are several companies out there making money from browsers, including the Mozilla Corporation, Access, and Opera Software. There was a browser market before Microsoft started messing up things, and there is one now, which suffers because of Microsoft's actions.

      But Yet, Firefox share is still rising.

      Firefox is an anomaly, as Mozilla puts it:

      "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."

      If you offer a better product then people will choose it.

      Why didn't they choose it for all these years? IE6 kepts its dominance for several years despite better browsers being out there.

      but didn't in the US antitrust trial, when the browser WAS the focus of that trial, and if they did, I never heard about it.

      Didn't do what?

      I guess they were too busy making Swedish Chef Translators instead of suing.

      Again, Opera didn't sue Microsoft.

      Because when you see a competitor down, you kick it. Did you See how fast Nvidia jumped on the Intel antitrust bandwangon with their ION platform as soon as the antitrust ruling came down? Thats what Corporations do.

      We are discussing your claim that Opera sued Microsoft, which they didn't. Neither did Mozilla, Google or anyone else. They reported Microsoft's illegal actions to the EU and asked the EC to look into it.

      Onestat.com if you don't like Net Applications

      Sorry, but OneStat is useless as well.

      Opera has been around for almost a decade, is available on two of the most popular game consoles today, and still has barely any share.

      Actually, Opera has only been free of charge for 3

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      Clever signature text goes here.
    52. Re:Microsoft Requested It by hkmwbz · · Score: 1

      Breaking antitrust law is never simple, because it's always contextual.

      Well there's no lack of context here :)

      Antitrust law makes illegal things which are generally legal for other parties. That's why it's generally considered a non-issue that Apple bundles Safari with OSX.

      Indeed. Antitrust law makes things illegal for dominant players which are legal for others. And Microsoft is a dominant player. So again, it's a pretty clear-cut case.

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      Clever signature text goes here.
    53. Re:Microsoft Requested It by mpe · · Score: 1

      MS requested the opportunity to present oral arguments, the EU scheduled the meeting, MS felt that, although all the required attendees could make it, the date conflicted with another large event, leaving MS without a chance to orally lobby some of those on the sidelines.

      You'd think a company the size of Microsoft would have/could buy some spare lawyers/lobbiests.

    54. Re:Microsoft Requested It by Deathlizard · · Score: 1

      Actually, even Net Applications reports it as being pretty steady.

      A 7% drop of market share over 1 year time is steady? If you mean steady dropping I guess so.

      And yet the mess continues. For example, IE8 was originally going to default to the IE7 engine, and you had to opt in to the new "better standards" mode. Only after the EU got ivolved did Microsoft change to default to standards mode (and basically admitted that it was because of the EU antitrust case).

      Everybody was up in arms over that situation. Even people within Microsoft thought it was a bad idea. The community at large made that change happen. If anything the EU was just another voice within thousands.

      So? Can you show that this is because of anti-competitive behavior by Apple?

      Here's the circle. I want to buy online music. All DRM Restricted music online music outside of Itunes goes out of business in two years or less. All Non DRM Restricted Music online stores goes out of business due to RIAA, have no selection or charge a boatload of money per song, so I go to ITunes to get music because it's not going anywhere and has all the music I want. now which MP3 player should I buy? I can't buy an Iriver or a samsung or a Zune because itunes only works with Ipod. So I either buy an Ipod or start burning music to CD all day.

      Don't get me wrong, I think Zune's a joke too. MS was much better off with playsforsure since it allowed a choice with mulitple players. I'm just saying that Apple knows how their vendor lock in scheme works and they know how to use it.

      If you replaced ipod and itunes with zune and zune marketplace, this site would be covered with people screaming antitrust all day and you know it.

      Maybe it has done damange (irrelevant when discussing whether Microsoft is guilty or not), but it most definitely has not done more damage to the competition than IE.

      The only company to go under because of IE was Netscape. And Technicially it got bought out by AOL for 4.2 Billion.

      There are several companies out there making money from browsers, including the Mozilla Corporation, Access, and Opera Software. There was a browser market before Microsoft started messing up things, and there is one now, which suffers because of Microsoft's actions.

      All of that money is being made in the Mobile phone and Settop industry. Honestly, this was one of Opera's smartest moves to ally with Nintendo. I don't see anyone buying browsers for any Windows, Mac, or Linux platforms, and if they are, they are making very little there.

      Firefox is an anomaly

      Firefox share is the result of solid code coupled with a word of mouth advertising system and a languishing competitor. It also helps when just about every tech publication puts it as the top browser.

      Again, IE has been attached to Windows since 95 but it didn't gain market share until IE4. (and it was gaining share before Win98 came out) People were still downloading netscape until something better came around. now that IE Stagnated for almost 5 years with IE6, Firfox came around and started turning heads.

      Why didn't they choose it for all these years? IE6 kepts its dominance for several years despite better browsers being out there.

      Mozilla wasn't ready, Opera had a niche market at best and Netscape 6 was Basicially AOL Lite with all of it's skinning and links all over the place. firefox 2 was the first real browser to overcome all of the shortcomings of IE and offer a stable expandable codebase to work against.

      Didn't do what?

      Report to the US antitrust trial. Sun reported, Novell reported, Caldera (SCO) reported. Where was Opera? As soon as the EU starts doing an Antitrust trial, there they are. And don't give me the story that their in Europe, they had an established business branch in the US and could have jumped in the US trial as a reporter no problem.

      Again, Opera didn't sue Microsoft.

      But they could have. More on this later

      We are

    55. Re:Microsoft Requested It by NoOneInParticular · · Score: 1
      All 5 are irrelevant. What is relevant is that if you are the only(*) car manufacturer around, then you are prohibited to use that monopoly to gain another one in car radios. It's that simple.

      (*) In economic theory, they usually use 25% market share as sufficient to define a 'near'-monopoly.

    56. Re:Microsoft Requested It by hkmwbz · · Score: 1

      Everybody was up in arms over that situation. Even people within Microsoft thought it was a bad idea. The community at large made that change happen. If anything the EU was just another voice within thousands.

      No, it was the thing which MS change its mind:

      "this step clearly removes this question as a potential legal and regulatory issue"

      The only company to go under because of IE was Netscape. And Technicially it got bought out by AOL for 4.2 Billion.

      How do you know that NS was the only company to go under? And you are ignoring the massive damage MS has done to the web as a whole, holding it back for multiple years.

      All of that money is being made in the Mobile phone and Settop industry.

      False. Mozilla Corporation is making lots of money from desktop browser. Opera's desktop browser makes up a quarter of their total revenues or so. But this is besides the point. The fact is that there is and was a browser market, and Microsoft has messed it up.

      Honestly, this was one of Opera's smartest moves to ally with Nintendo. I don't see anyone buying browsers for any Windows, Mac, or Linux platforms, and if they are, they are making very little there.

      So you are saying that Google isn't making money off of searches because the search service is free? Please.

      Firefox share is the result of solid code coupled with a word of mouth advertising system and a languishing competitor. It also helps when just about every tech publication puts it as the top browser.

      Again, Firefox is an anomaly. It took a non-profit organization which relied on donations and free work to even make a dent.

      Mozilla wasn't ready, Opera had a niche market at best and Netscape 6 was Basicially AOL Lite with all of it's skinning and links all over the place. firefox 2 was the first real browser to overcome all of the shortcomings of IE and offer a stable expandable codebase to work against.

      And why was that, you think? Because Microsoft destroyed the market, and it took a non-profit organization which relied on donations and free work to do anything.

      Report to the US antitrust trial. Sun reported, Novell reported, Caldera (SCO) reported. Where was Opera? As soon as the EU starts doing an Antitrust trial, there they are.

      Actually, it was Opera which got the EU case started by reporting

      Getting a Guilty verdict here gives Opera (as well as anyone else for that matter) a stronger case in court to go civil suit, since they can use this case as a precedent.

      This is pure garbage. Opera isn't doing this because it's planning to sue Microsoft.

      THen who is right?

      No browser stats are reliable. However, when it comes to reporting what you actually see in the market, StatCounter gets it more right than the rest.

      First off, where are your numbers coming from? None of these Stat firms are right remember...

      Around 3% is what you get if you look at the overall internet population compared to the number of Opera users on the desktop.

      Second, If it's been free for over 3 years, I would think that it would have more share than Safari (althogh Apple Bundles it with OSX) or at least be much higher than chrome.

      Opera does have a higher market share than both Safari and Chrome. And the fact that even Google has failed so far shows just how screwed up the market is. They have spent massive amounts of advertising money to push Chrome out there, and yet it hasn't even caught up with a small software company fr

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  2. Two ways to read this by BadAnalogyGuy · · Score: 3, Interesting

    When I was younger and lived on Nauru, we used to go climb the mountain. There is a big mountain on Nauru. Well, not so much a mountain as a crater. But the crater is filled with guano, so it's not truly either a crater or a mountain.

    Anyway, we used to climb the mountain after school. Once I found a dead body in the brush. When I called my father over, he simply told me to go home. Later that evening, my father called the police and there was a big hullabaloo over the dead body. I remember eating dinner that night after the police had left and I asked my mom why she was crying. She told me that they would have to hold my father in detention until more evidence could be gathered.

    My father died in that Nauruan jail cell.

    The first is that Microsoft knows that it is so guilty that nothing they say or do at this point will make their penalty smaller.

    The second is that Microsoft has simply given up any hope of getting a fair hearing because the EC has already made up its mind.

    1. Re:Two ways to read this by ILongForDarkness · · Score: 0, Troll
      Yeah or the EC has decided they want more money. Hmm, our coffers are looking a little low, I know lets sue MS again, hmm which product to chose ...

      While I don't always agree with MS's practices, having a competition hearing at a time when the regional experts are unavailable is stupid. They offered to find and pay for a location themselves as the meeting room wasn't available outside of the window, but the EC refused. I think a reasonable request has been turned down for political reasons.

    2. Re:Two ways to read this by rtfa-troll · · Score: 4, Insightful

      They offered to find and pay for a location themselves as the meeting room wasn't available outside of the window,

      If you are ever arrested and charged with a crime, I suggest that you request the chief of police attend the hearing because you don't think the investigating officer is important enough for your case. If they tell you he's not available then, you can always suggest that they can have the hearing back at your gang headquarters any time they like. I'm sure they will be most amenable to your request.

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    3. Re:Two ways to read this by TheLink · · Score: 2, Informative

      Big mountain? But Nauru's only 21 square km (less than the area of a 5 km x 5 km square).

      http://www.sprol.com/2005/08/nauru/

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    4. Re:Two ways to read this by Anonymous Coward · · Score: 0

      Wow, you sure are living up to your name today.

    5. Re:Two ways to read this by hkmwbz · · Score: 5, Insightful

      Yeah or the EC has decided they want more money. Hmm, our coffers are looking a little low, I know lets sue MS again, hmm which product to chose ..

      Actually, it wasn't the EU who initiated this case. Opera, backed by Mozilla, Google, and others, got the EU to investigate what they argued were actions that violated antitrust law.

      While I don't always agree with MS's practices, having a competition hearing at a time when the regional experts are unavailable is stupid.

      Actually, none of the people Microsoft claimed to be worried about not attending never attend these hearings anyway. Hearings are usually attended by staff level personell in the first place. The hearing would also be attended by the European Commissioner for Competition.

      I think a reasonable request has been turned down for political reasons.

      A reasonable request for something no one else gets granted. Right. You are buying into Microsoft's bullshit.

      Instead of blindly believing Microsoft's lies, check out the comments by Thomas Vinje and commission spokesman Jonathan Todd. It turns out that Microsoft is just lying and stalling, probably hoping for the current competition commissioner to retire later this year and have a more Microsoft-friendly person appointed.

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    6. Re:Two ways to read this by gtall · · Score: 1

      Check the amounts, this isn't even a drop in the piss stream of money the Eurocrats whiz every year. To think they did this for money is stupid.

    7. Re:Two ways to read this by Sponge+Bath · · Score: 1

      ...back at your gang headquarters

      I tried to visualize Microsoft's gang headquarters and came away with a vision more Little Rascals than Crips.
      Look! Spanky's throwing a chair! Chief software architect Alfalfa doesn't like that.

    8. Re:Two ways to read this by Thinboy00 · · Score: 1

      While I don't always agree with MS's practices, having a competition hearing at a time when the regional experts are unavailable is stupid.

      Actually, none of the people Microsoft claimed to be worried about not attending never attend these hearings anyway. Hearings are usually attended by staff level personell in the first place. The hearing would also be attended by the European Commissioner for Competition.

      Please remove that triple negative so I can understand WTF you're trying to say

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    9. Re:Two ways to read this by hkmwbz · · Score: 1

      There is no triple negative. Microsoft worried about some higher-ups not attending. None of them ever attend these hearings in the first place, and Microsoft knows it. They were just looking for an excuse to stall the whole thing and portray themselves as victims.

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    10. Re:Two ways to read this by Anonymous Coward · · Score: 0

      Do you actually believe that attending a party should be considered even by the legal system to be more important than a court appearance?

    11. Re:Two ways to read this by Your.Master · · Score: 1

      "There is no triple negative."

      Is that supposed to be zen or something? He bolded the items that made the sentence a triple negative.

    12. Re:Two ways to read this by Elektroschock · · Score: 1

      The Commissioner (Police President) would have attended the event. It was more the photographers and his bowling colleagues, aka national competition officials who don't have any say in the case.

    13. Re:Two ways to read this by kno3 · · Score: 1

      Just because there are three negatives in a sentence doesn't mean it is a triple negative; for that the negatives need to be applied to the same subject, which they are not.

    14. Re:Two ways to read this by Anonymous Coward · · Score: 0

      There is a big mountain on Nauru. Well, not so much a mountain as a crater. But the crater is filled with guano, so it's not truly either a crater or a mountain.

      So it's either a mountain or a depression in the ground (which seem like opposites) but it's not truly either because it's full of bird shit? And this is modded interesting...? I suppose that's fair because there's no "+1, huh?" option.

    15. Re:Two ways to read this by RightSaidFred99 · · Score: 0, Troll

      My, you're an angry little dweeb aren't you?

      I tell you what, how about the crime you're charged with is "driving too fast" or "behaving badly"? How would you like that, skippy? That's what Microsoft has been charged with. A bunch of bureaucrats decided they were going to subjectively interpret some general "laws" and find Microsoft guilty. They then had a kangaroo court to reach this foregone conclusion.

      Laws should say things like "thou shalt not do actions X, Y and Z in circumstances ABC". The "law" Microsoft was fined for was basically "don't behave badly when you have a so-called 'monopoly'".

    16. Re:Two ways to read this by jvkjvk · · Score: 1

      Actually, none of the people Microsoft claimed to be worried about not attending never attend these hearings anyway. Hearings are usually attended by staff level personell in the first place. The hearing would also be attended by the European Commissioner for Competition.

      Please remove that triple negative so I can understand WTF you're trying to say

      If none of the people not attending never attend, we can see that all the people not attending sometimes do attend.

      I hope that clears things up.

      Regards.

    17. Re:Two ways to read this by JAlexoi · · Score: 1

      Complaints are not initiation. So in reality, Opera filed a complaint, and their part is done. EC decided that the complaint was worthy enough to initiate an investigation. I am sure that EC gets a lot of those complaints, but not all of them go though. It's just like the witness and the prosecutor, it's not ht witness that initiates, it's the prosecutor.

    18. Re:Two ways to read this by rtfa-troll · · Score: 1

      My, you're an angry little dweeb aren't you?

      Ooohh that hurt. I'm just going to go back to mum's basement crying. God I'm so sorry I posted something that you didn't like or understand.

      Laws should say things like "thou shalt not do actions X, Y and Z in circumstances ABC".

      This is a standard misunderstanding in the Slashdot / nerd grouping (no I'm not descending to your level; this is "news for nerds", most of us are consenting adults). Laws generally deal with intent and not with action. Imagine I have a law "you may not shoot someone". Now imagine you are kidnapped and the policeman rescuing you unavoidably shoots you causing minor injury whilst shooting the kidnapper so he doesn't kill you. According to your system he should be imprisoned. In fact; since he was trying to rescue you and since he was doing his best to protect you, he isn't even guilty of negligence. On the other hand, if a kidnapper shoots at you and kills his friend when trying to kill you, he's still guilty of attempted murder. Exactly the same circumstance can be a crime or heroism depending on what's going on in your head.

      Understood from this point of view, the anti-trust laws are perfectly clear. If you are in a dominiant position in a market, you may not set out to destroy your competition. It's okay to say "let's cut our prices so we sell more". It's not okay to say "let's cut our prices because we know we can put the competition out of business and then increase the prices later". The difference is in intent and circumstances and not action. Normally this is something that you get away with easily because standards of proof are very high but in the case of Microsoft they have done it so often and so gregariously that they get caught.

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    19. Re:Two ways to read this by ILongForDarkness · · Score: 1

      My understanding was it isn't just the "chief of police but a general "industry" wide conference. Yeah I see your and others point about the chief of police thing. However, I'd think it would be someone pretty high up that should be involved in this case. This will probably result in a billion + settlement, not something you give to the small fish in your organization.

  3. In before anti-americanism by Anonymous Coward · · Score: 0

    and people complaining that a US company has to abide by european rules in the EU

    1. Re:In before anti-americanism by hkmwbz · · Score: 1

      Anti-Americanism? Most of the "anti-whatever" comments I see here are Americans whining that the EU is enforcing its own laws, claiming that the EU is just "jealous of successful American companies" and similar nonsense.

      --
      Clever signature text goes here.
  4. I've done that by Late+Adopter · · Score: 5, Funny

    It's certainly not the first time anyone's skipped work to go to a con.

  5. great quote from an older article by weirdcrashingnoises · · Score: 5, Interesting

    got this from one of the related links at the bottom of TFA:

    According to the person, Microsoft will argue that Internet browsing is inseparable from the Windows operating system. Microsoft will also emphasize that consumers can download and use any competing browser with Windows, and that Internet Explorer's share of the browser market has been falling steadily.

    so thats part of their argument? "You see, we're loosing, so that means it's ok for us to cheat!"

    here is the article (May 8th)

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    sigs... don't talk to me about sigs....
    1. Re:great quote from an older article by Anonymous Coward · · Score: 0

      wtf is loosing?

    2. Re:great quote from an older article by drinkypoo · · Score: 1

      so thats part of their argument? "You see, we're loosing, so that means it's ok for us to cheat!"

      Loosing? Is that like releasing?

      An argument is that bundling IE gives it an unfair advantage. But the real reason Microsoft was going to be prohibited from distributing the browser with the OS is that they already used their unfair advantage to push IE. Forcing them to unbundle the browser is retarded, but punitive measures were the best thing the EU could imagine, so that's what they came up with. Microsoft is clearly going to argue that the unfair advantage didn't exist since IE's market share is dropping anyway. It's not that unreasonable; I don't use the HTML viewer built into GNOME help to surf the web, either.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:great quote from an older article by hkmwbz · · Score: 2, Insightful

      Forcing them to unbundle the browser is retarded, but punitive measures were the best thing the EU could imagine, so that's what they came up with.

      What, the verdict has already been announced? The EU has already decded that IE must be unbundled? News to me.

      Microsoft is clearly going to argue that the unfair advantage didn't exist since IE's market share is dropping anyway.

      Does that change Microsoft's past illegal actions? If you rob a bank and the bank makes enough money to make up for the loss, does that mean that you won't get punished?

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    4. Re:great quote from an older article by hairyfeet · · Score: 0, Troll

      Question: How many major EU corps have been hit with these "super fines"? Because I'm starting to smell a "let the stinky Americans pay for our bills!" tax here. MSFT should send out a new "EU Vista" which is just the NT kernel. Hey, Linux is just the kernel, right? I'm sure those guys in the EU could figure out how to bolt enough third party stuff to make it usable.

      Frankly the BS is getting thick. And unless someone can produce a list where they have also hit EU corps with big fines I think we should all just call this "Let the Americans pay our bills" tax, which is what it is looking like from here. I don't remember seeing any big EU corps getting any of these giant tax bills....err fines. But I'm sure we'll have some anti MSFT and Intel zealot say that all the EU corps are just big fluffy puppies. But from where I sit it smells like a way to pay for the recession without hurting any of THEIR constituents Hell we should try that, the Japs got money, right? Boy they sure did kill our electronics and car industries. I bet they did some underhanded stuff to do it. We should hit them with a big tax...errr fine. And while we are out and about we should gouge the French too. Hell nobody likes the French.

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    5. Re:great quote from an older article by TropicalCoder · · Score: 1

      If the USA would enforce her anti-trust laws, all that money would be going to the US government. Think about it. It is a case to lobby your government to do better enforcement.

    6. Re:great quote from an older article by DarkOx · · Score: 1

      Which is exactly why its a perfect legal remedy. Microsoft competed unfairly in many ways but one of the major identified ones was bundling a browser. They used this to among other things cement their desktop and web client monopoly. Since the harm is their having an monopoly damaging their ability to compete is a good retribution.

      Microsoft should be barred from inclining software that renders HTML. That would force their users to bring their own browser. It was force developers to bring their own libraries, and try not to step on each other, if they want to use HTML in their app. That would make Windows less competitive in one way than the offerings of Apple, Linux distributors and others. Its a perfectly fair solution.

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    7. Re:great quote from an older article by xaxa · · Score: 2, Informative

      Question: How many major EU corps have been hit with these "super fines"? Because I'm starting to smell a "let the stinky Americans pay for our bills!" tax here.

      Lots, but unsurprisingly it doesn't make the news in the USA.

      http://ec.europa.eu/competition/antitrust/cases/

      Frankly the BS is getting thick.

      It would stop if Microsoft complied with the law.

      And unless someone can produce a list where they have also hit EU corps with big fines

      See the link. For instance, here is a €1.3bn fine against three EU firms and a Japanese one (it's just the first one I clicked).

    8. Re:great quote from an older article by drinkypoo · · Score: 1

      Microsoft should be barred from inclining software that renders HTML.

      A much better answer would be to invent a number of dollars (or whatever currency) they have unfairly gotten as a result of their illegal actions, and just fine them that much. When they ship product, confiscate it. When they do not pay, incarcerate their officers (at least those who work in your country.) Declare dominion over their copyrights within your borders. Do whatever it takes to reverse their gains. Because unbundling an HTML renderer from Windows would harm users and still not address the issue of Microsoft's ill-gotten gains.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    9. Re:great quote from an older article by Shihar · · Score: 1

      Monopoly laws are a little odd. Whether or not you are violating the law depends upon your size and how much of the market you eat up. If Ubuntu wants to bundle a browser, they are not going to get pinged for it because they own 2% of the market. It isn't illegal unless you are big.

      The whole point of this style of law isn't to punish companies for illegal activities. The activities are not clearly legal or illegal. The point is to keep companies from being a monopoly and nothing else.

      The reason why no one is after Apple for bundling hardware, software, and browsers and chopping the testicles off of anyone who tries to pull them apart is because Apple isn't a monopoly (yet). If Microsoft is no long in a monopoly position (and I am not arguing that, they are), then it shouldn't come as some surprise that they want fine reduced. The point of the fine isn't to exact retribution on a non-sentient company. It is to make them not a monopoly.

    10. Re:great quote from an older article by jiriw · · Score: 2, Informative

      These fines are peanuts compared to the E.U. and E.U. member states budgets, and you know it because the U.S. of A. is a comparable '1st world' economy with comparable government spending (although it might lay emphasis on different topics) ... We're talking about multiple hundreds of billions of euros here, per larger country of the E.U. (U.K., France, Germany) and 120 billion euro (in 2007) of budget for the E.U. itself. Combined it could be a few trillions, allthough I'm guessing here... So to see the 1 billion euro fine for iNtel and what's to come for Microsoft as a significant 'monopoly tax' or '"Let the Americans pay our bills" tax' is a bit of an exaggeration.

      Now for companies fined by E.U. anti-trust laws; We are talking about the multinationals out here. Local companies breaking these laws are punished nationally (like, in recent history, half the building sector in the Netherlands, the 'Bouwfraude' scandal which triggered a parliamentary inquiry)
      This is a list of some of the more significant cases:

      iNtel: 1.06 billion euros. (Illegal sales practices)
      Otis, Kone, Schindler, ThyssenKrupp: 992 million euros. (Cartel of installation and maintaining elevators)
      Hoffman-La Roche (and others): 790 million euros. (Price fixing of vitamin products)
      Siemens, Toshiba (and others): 750 million euros. (Cartel of gas insulator switches)
      (nine oil companies): 676 million euros. (Price fixing of parafine wax)
      Bayer, Shell, Dow (and others): 519 million euros. (Price fixing of synthetic rubber)
      Microsoft: 497 million euros. (Monopoly abuse)
      Saint Gobain (and others): 486 million euros. (price fixing of flat glass)
      Akzo Nobel, Solvay (and others): 388 million euros. (price fixing of hydrogen peroxide)
      (five producers): 344 million euros. (price fixing of acryllic glass)
      Heineken, Grolsch, Bavaria: 273 million euros. (Dutch beer market cartel)

      Sources are all over the web, but I used this one because it had a nice list with fined amounts and company names and checked the data here.

      This is a log of recent (this year) cases As you can see, the list is quite diverse but indeed does include both iNtel and Microsoft. Quite a few cases involve whole industrial sectors, not individual companies. Understandable if you know that anti-trust includes discussing set prices with your competitors. A link at the bottom of that page points to earlier cases.

      In the end, this is the risk of doing business in the E.U.. You should play by the E.U. anti-trust rules. If you don't, you can be caught, and just like me when I'd be speeding or ignore a red traffic light you can be fined an amount appropriate to the offense.

    11. Re:great quote from an older article by Anonymous Coward · · Score: 0

      That quote can be strewn other ways. I think what they meant by that was BECAUSE IE's market share is falling implies that they are not practicing anti-competitive behavior.

    12. Re:great quote from an older article by hairyfeet · · Score: 1

      Hey, you can mark me flamebait and troll ALL you want. Notice how in your OWN link we are talking 1.3B for THREE firms PLUS a Jap one? Show me ONE where they have been hit with the frankly outrageous "superfines" that MSFT and Intel has. Because I looked at your link and in the dozen or so I clicked on I couldn't find any. If you tax....err "fine" companies in the EU x amount and USA companies X times 100 that is STILL a bias, any way you slice it.

      And do you want to know why it is a tax and not a fine? because if it was a fine at least a token amount would go to those that had actually been "hurt" by these actions. Has AOL received a check because of Netscape getting slaughtered? How about the supposedly gouged Intel customers? Nope, because the cash went right into the EUs pockets and NOT the supposed "victims". Gives the EU a pretty damned good reason to be finding bogymen under every rock in a dead economy, don't it? Hell even here in the US where most of a class action is sucked up by the greedy lawyers the victims at least get SOME token amount. Not in the EU. 100% is going in the EU's pockets. I'm sorry all you MSFT and Intel haters, but that is a tax. If they really gave a shit about those "harmed" they would be trying to balance the scales and NOT stuffing their pockets as fast as they can. At least we admit our politicians are crooked greedy bastards.

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    13. Re:great quote from an older article by xaxa · · Score: 2, Informative

      Hey, you can mark me flamebait and troll ALL you want. Notice how in your OWN link we are talking 1.3B for THREE firms PLUS a Jap one? Show me ONE where they have been hit with the frankly outrageous "superfines" that MSFT and Intel has.

      The fine is of the same order of magnitude as the Microsoft ones, that hardly makes theirs a "superfine". The glass fine wasn't split equally, the French company paid €800M because they were a repeat offender -- just like Microsoft. (source).

      And do you want to know why it is a tax and not a fine?

      It's a fine because they broke the law. You're pretty dumb if you don't understand that bit. Almost all other companies, American and European, manage to comply with it.

      because if it was a fine at least a token amount would go to those that had actually been "hurt" by these actions.

      That's called "compensation", but this was a criminal case, not a civil case. IANAL, but maybe the companies can sue. The Fox story says "Kroes could not say how far the cartel had hiked car prices but encouraged customers to seek damages from the glass suppliers through the national courts"

      Nope, because the cash went right into the EUs pockets and NOT the supposed "victims".

      Hooray, I'll pay 0.000001% less tax as a result! This money hardly registers on the EU budget.

      Gives the EU a pretty damned good reason to be finding bogymen under every rock in a dead economy, don't it?

      These cases were started long before the economy faltered.

    14. Re:great quote from an older article by hairyfeet · · Score: 1

      It doesn't change the fact that you can call it a "fine" or fairy dust for all the market cares, you can't force the EU customers to buy shit they don't want. Remember XP-N? let me refresh your memory, that was the brilliant idea after their last tax...err fine "We'll make teh evils M$FT put out ah XP with no WMP so our beloved iTunes will rule! We ROXZ!" and guess what happened. XP-N discs are probably sitting crushed up in a land fill in eastern Europe somewhere, because I distinctly remember vendors saying "we can't give this away". Remember that? hey you know there are third party vendors for firewalls too! We shouldn't let MSFT put one of those on either! It will make the web a safer place for third parties! Do you honestly think taking huge chunks of a companies profits to stuff in your OWN pockets while forcing them to stuff the channel with shit nobody will buy makes for a better market? Really?

      As much as I think Ayn Rand was full of shit, sadly in this case I think she is right. What we have here is a leech. A leech taking a companies profits for themselves while forcing companies to put out inferior products that the market clearly doesn't want. It isn't like there isn't PLENTY of competition in browser, media players, or even OSes. Hell my own family has no less than five browsers, and has had for years since nobody can agree on anything. but the Eu can only go to the well so many times before it drys up. What then? How much of their budget will be based on the revenue from these taxes...err fines then? With these superfines it really won't take much for doing business in the EU to simply become unprofitable. What then? Demand all users must run Linux on AMD? Can't have an Apple, it is an Intel CPU.

      And to me that is the funniest part of all. Apple is the king of lock-in and bundling, suing out of existence anybody who dares to look funny at them, yet nobody calls them on it. But not to worry, I'm sure when the EU has fleeced the pocket of everyone on the planet(who will be paying these taxes...err fines when they buy the products that they want) and companies begin pulling out because doing business with the EU is no longer profitable, I'm sure Apple will end up in the crosshairs too. After all, they'll have to make up the billions in revenue they are getting from these taxes...err fines somehow! Socialism don't pay for itself you know!

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    15. Re:great quote from an older article by NoOneInParticular · · Score: 2, Insightful
      Paranoid much? The XP-N fiasco was of course stupid, they just should have fined Microsoft more! An empathic 'no' to the assertion that's it's the poor US companies that get fined by the EU. EU used to be trust-central: all large EU companies were colluding to screw the customers. If the EU did one thing right, this is it: they dismantled the trusts. Many European companies have been fined heavily, to the tune of 100 of millions of euros (that's billions of dollars :). That the EU doesn't make an exception for corporations from a country that has all but dismantled anti-trust law... well boohoo.

      The US needs to learn that free competition should trump capitalism.

    16. Re:great quote from an older article by badkarmadayaccount · · Score: 1

      Better yet, allow software patents, but only with the complete implementation in source form. And it only covers that implementation, effectively turning them into copyright, only it's limited. Then, make binaries of anything impossible to license directly. You can have a binary, if, and only if you have a source code license. Thus turning any software in the EU in to either shared source, or illicit software.
      *takes another pull from the crackpipe*

      --
      I know tobacco is bad for you, so I smoke weed with crack.
  6. Wish I could do that by Rik+Sweeney · · Score: 4, Funny

    Judge: Why didn't you attend your DUI?
    Me: Oh, I cancelled it, didn't you get the email?
    Judge: I didn't get a chance to check my email this morning, when can you attend another hearing?
    Me: I don't have time I'm afraid, it's all explained in the email though
    Judge: OK then, drive safe now!
    Me: Thanks!

    1. Re:Wish I could do that by Anonymous Coward · · Score: 0

      Judge: Why didn't you attend your DUI?
      Me: But you set it 2 days in the past!!
      Judge: So your not going?
      Me: Its not physically possible!!
      Judge: OK then, we're cancelling it and sticking u in jail.
      Me: WTF!

    2. Re:Wish I could do that by Anonymous Coward · · Score: 0

      It's like this:

      Judge: You're fucked.
      MS: Can I have a hearing?
      Judge: Alright, how about the same day as the annual Judge's weekend retreat?
      MS: Umm, I'd really rather we set the hearing when the judge's wouldn't have a major conflicting event. So that, you know, it would be a real hearing.
      Judge: Then or never.
      MS: Well, then there's no point I guess.

      The key difference here is MS requested the hearing, and then cancelled it when it conflicted with an event in a way they deemed problematic. They weren't ordered to go to a hearing and then backed out.

    3. Re:Wish I could do that by Elektroschock · · Score: 2, Informative

      That is the way they want to describe it but trust me, the argument is riddiculous.

      We request a hearing
      We claim (unrelated) observers would participate in event B instead.
      We say: no.
      Commission says, fine, so no hearing?

      Microsoft has no right whatsoever to schedule the hearing.

    4. Re:Wish I could do that by ais523 · · Score: 1

      Almost, but the trial goes on anyway. This would have been Microsoft's chance to defend themselves; because of this row, they now won't get a verbal chance (but can still submit written arguments). So it's as in your situation above; except, that you'd end up getting fined/jailed/license revoked or whatever despite the hearing not happeneing.

      --
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  7. Imagine an OS without a browser by kondziu · · Score: 0

    As much as I like companies getting kicked in the perticulars, I don't think shifting *any* OS without a browser is a good idea.

    So, I wonder if MS would ship their OS with different browsers or no browser and a big button saying 'Download IE8 now!' placed on the desktop. The latter changes nothing very much, and the former raises the question what they'd put onto there.

    1. Re:Imagine an OS without a browser by cyber-vandal · · Score: 3, Insightful

      No the OEMs installing Windows would put their own choice of browser on the PC without having Microsoft force their own choice on the user without any giving any means to remove it.

    2. Re:Imagine an OS without a browser by Anonymous Coward · · Score: 0

      and the former raises the question what they'd put onto there.

      Lynx.

    3. Re:Imagine an OS without a browser by kondziu · · Score: 1

      I suppose that'd be interesting to watch then.

    4. Re:Imagine an OS without a browser by AnalPerfume · · Score: 3, Informative

      So they'll be forced to unbundle IE from Windows in the EU, that only applies to the installation DVD, OEMs will still have to install A browser on the PC before the customer buys a license to use it. What's the betting we'll see an army of Microsoft reps at the OEMs making them "offers they can't refuse" to ensure IE is their "independent choice". Nudge nudge, wink wink ;) Just keep the deal under you hat and keep marking "...... recommends Windows" on all your marketing stuff.

    5. Re:Imagine an OS without a browser by Joseph_Daniel_Zukige · · Score: 1

      The no-browser, but a download button would at least draw more attention to the fact that there is such a thing as a web browser. That could be a small but significant change.

      But, yeah, the best answer would be to require them to bundle several popular browsers: Safari, Opera, Firefox, Chrome, and maybe some of the less-well-known. I'm pretty sure they could come to reasonable agreements with the several companies on the bundling.

      OEMs would be free to bundle what they want, and MS required to refrain from telling the OEMs which. My guess is that most OEMs would just bundle all the popular ones.

      What I'd like to see, however, is the bundling of some special-purpose browsers, as well, browsers with limited functionality so that they would be safe to access bank accounts with. (And Microsoft restrained from producing such browsers.)

    6. Re:Imagine an OS without a browser by cyber-vandal · · Score: 1

      The safest way to access your bank account is to use a Linux live CD rather than any version of a malware-prone installation of Windows.

    7. Re:Imagine an OS without a browser by Anonymous Coward · · Score: 1, Interesting

      They would want to do that, no doubt. And do you know what would happen then? EU would investigate it and sue. EU has lately been taking very strict line with companies that abuse their monopoly positions and even stricter with companies that try to wiggle away from their punishments. I have no reason to assume it would change.

      OEMs in EU area will soon get a chance to choose what browser shall they distribute the computers with! Most will still distribute IE, no doubt. It is easiest for them and nobody chooses what computer to buy based on what browser it has. So little will really change on that area, I think. But at least the competition will be more fair.

      I find it humorous how a company can claim that internet browser should be something that the OS takes care of while they recommend their users to buy antivirus software because keeping the computer safe doesn't belong to the OS.

    8. Re:Imagine an OS without a browser by Daengbo · · Score: 2, Informative

      Unless your bank uses an ActiveX plugin like all Korean banks are required to.

      I guess the Live CD might still be the safest way, but only in the "the safest computer is the one with the network cable unplugged" sense.

    9. Re:Imagine an OS without a browser by Anonymous Coward · · Score: 0

      w3m

    10. Re:Imagine an OS without a browser by Anonymous Coward · · Score: 0

      No, it will be like the Windows N versions. The EU made MS release a version of Windows without Media Player because Real whined like a baby, as opposed to making their player suck less. And what happened? No OEMs installed it. The thing is there's nothing to stop OEMs installing other browsers, it's just, unless it's Opera why would they? They don't make anything from it. All that crapware you see from Google Desktop, to Roxio burner, to Adobe Reader and so on, the OEMs get cash for each of those installations. And at the end of the day users don't care. Those who want a browser other than IE already know where to get it from. Mom and Pop? They just want to browse their kids photos on flickr.

    11. Re:Imagine an OS without a browser by BadAnalogyGuy · · Score: 1

      The thing is there's nothing to stop OEMs installing other browsers

      Actually, that's probably not true. The MS/OEM contract does allow the OEM some leeway in controlling the user experience, but it's probably true that the contract does not allow the OEM to install certain types of software which could be seen as a competitive threat (or "confusing for the user" as MS likes to say) to the standard Windows components.

    12. Re:Imagine an OS without a browser by AnalPerfume · · Score: 2, Insightful

      You're right, people don't choose a PC by which browser is installed, nor do they choose by which OS is installed; despite Microsoft's insistent claims that Windows is the "preferred choice" of consumers.

    13. Re:Imagine an OS without a browser by AnalPerfume · · Score: 1

      Damn /. needs a 5 minute "edit" button on posts, either that or I need to pause for a few minutes before submitting.

      Microsoft are unrepentant in their behavior. They see the only wrong being committed is that some bureaucrats are refusing to roll over and be shafted like all the rest and actually trying to hold them to account. They will do everything in their power to buy / delay / soften decisions while they continue to do what they have always done. Any block put into place will be side stepped by Microsoft.

      As far as the EU catching up with them is concerned; if Microsoft really thought that was likely they'd think twice. They know there are a LOT of abuses Microsoft have done and continue to do have gone unpunished. There are only so many hours in a day to investigate one repeat unrepentant offender.

      I'm glad they lost this one, I hope the fine is HUGE. I hope the Intel fine opens fire on Microsoft for their part in it and are punished accordingly.

      You're right on the anti-virus thing too. The more flaws Windows has when it's released, the more business opportunities for third parties to profit by plugging the holes, which in turn allows Microsoft more leeway in claiming it's someone else's fault when it goes wrong. Great for businesses, shit for the end user who has to suffer the results, or pay out at every turn.

      Not unlike the Bush era "scare the public, they will sign away their rights for you to protect them from invisible enemies". With the Windows ecosphere it's "scare them about malware, viruses, trojans etc then glue a pump to their wallets and suck them dry for patches, fixes etc". Just when you think you're patched for all the latest malware, along comes a new one. It's more profitable than making a solid, secure OS to begin with.

    14. Re:Imagine an OS without a browser by blind+biker · · Score: 1

      What's the betting we'll see an army of Microsoft reps at the OEMs making them "offers they can't refuse" to ensure IE is their "independent choice". Nudge nudge, wink wink ;) Just keep the deal under you hat and keep marking "...... recommends Windows" on all your marketing stuff.

      Well, if MS does that, it may be wallet time again for Ballmer.

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    15. Re:Imagine an OS without a browser by thetoadwarrior · · Score: 1

      No OEM would ship an OS without a browser so that argument is worthless. But I'm all for allowing MS to ship Windows with IE as long as I can completely remove it like I can do with pretty much any other program in Windows or any program in Linux.

      You can argue that the ability to play movies and audio is just as important these days so why no let MS tie WMP into the OS or tie in Outlook express, MS Messenger and even go one step further and combine it with Office and tie it completely into the OS? People want and need the functionality in those programs.

      MS would probably do that if they could get away with it but they know they can't. They do know that internet is the most important aspect of computing these days and that it could reach the point where the browser effectively becomes the OS.

      That's why they choose to lock in IE and will fight tooth and nail to stop people from having the right to uninstall it.

    16. Re:Imagine an OS without a browser by AnalPerfume · · Score: 1

      I dunno, there are more options than payment to persuade someone to do your bidding. A promise to increase the per seat cost price of Windows if you refuse, making you more expensive than those who do agree is one. People who are well practiced at avoiding the law have got systems in place to exploit any block placed on them, and lawyers / lobbyists / PR stooges to help them evade justice while it's business as usual.

      The thing that people tend to forget is that Microsoft have a system to essentially print money. They develop (or at least invest in) a product to bring it to market. At that point the development costs are over. The product costs peanuts to duplicate and distribute, it's even cheaper for OEMs since they use the same CD over and over, as well as no printing of a manual etc.

      The customer is buying a generated number. The more unlocked features, the bigger the version, the more expensive the generated number is. After the costs of development are paid back EVERY penny made by selling numbers is profit. When they deny XP to consumers who want that instead of Vista, the idea of it being "out of stock" is a joke, just generate another number and take the money. This is NOT a physical product which has costs of parts / labor etc in every copy.

      Yes, there are ongoing support costs, costs to develop new products, updates etc but your initial investment is paid. Even developing new features may not apply to the current version if there is enough evidence that it could be held back and used as a carrot to persuade people to buy the next version which includes it.

    17. Re:Imagine an OS without a browser by RightSaidFred99 · · Score: 1

      Yeah, because an "extra" browser that is standardized and all Windows apps can depend on for basic rendering functionality is CRAZY! What a massive heartache!

      I'm saying, sarcastically, that your argument is stupid. IE was on Windows long ago to provide a baseline HTML rendering engine and browser for users of Windows OS's. Windows applications now depend on that browser being present to function. Microsoft can (and has) allow you to remove the IE browser icon, but the browser is part of the OS for a sound technical reason.

    18. Re:Imagine an OS without a browser by RightSaidFred99 · · Score: 1

      You're lying. This is not true. An OEM can install anything they want.

    19. Re:Imagine an OS without a browser by Anonymous Coward · · Score: 0

      Pure speculation does not an indictment make.

      If the relevant investigating body wants to review those contracts, and cite the objectionable terms that are equivalent to your speculation, they can do so.

      I haven't seen them do it.

      Odd that.

      Perhaps they don't exist.

      And yes, if such terms as you're describing did exist, explicitly forbidding installing other browsers, or any useful software at all(as opposed to not installing something that'd break the system), that'd be bad.

      But why haven't any of those terms been brought up?

      Oh I wonder wonder why.

    20. Re:Imagine an OS without a browser by Repossessed · · Score: 1

      At the time in question, when MS first started bundling IE, an OEM could not. Microsoft forced OEMs to sign contracts that said they wouldn't install any competitive products.

      --
      Liberte, Egalite, Fraternite (TM)
    21. Re:Imagine an OS without a browser by Anonymous Coward · · Score: 0

      there's no reason more than one browser can be installed at the same time. If they weren't, Opera and Mozilla would be on their tail just as fast.

    22. Re:Imagine an OS without a browser by cyber-vandal · · Score: 2, Insightful

      That's unfortunate for the 50 million people who live in South Korea, however that still makes a Linux Live CD the ideal option for the majority of internet users whose banks aren't forced to use a government-mandated piece of software and/or have the sense not to tie an important part of their business to just the one piece of outdated software.

    23. Re:Imagine an OS without a browser by cyber-vandal · · Score: 1

      No IE was on Windows long ago to prevent any threat that Netscape Navigator presented to their monopoly. They were subsequently found guilty of illegal monopoly maintenance due to this in the US courts.

    24. Re:Imagine an OS without a browser by Daengbo · · Score: 1

      Not trying to argue with you. I recommend a live CD to all my friends. I just wanted to point out that some people don't have much choice.

  8. loosing by Joseph_Daniel_Zukige · · Score: 1

    You loose your cow in the pasture to let her browse on the grass in a matter that is not detrimental to the pasture's ability to keep growing grass.

  9. I hear you there by Anonymous Coward · · Score: 2, Insightful

    It is almost as insane as claiming that foreign companies would have to follow US laws when operating in the USA.

    How could we ask for that when even our own companies don't follow them!

  10. Stop crying, start coding. by TadGhostal66 · · Score: 0, Troll

    First off, I'm sure that this will get marked as flame bait, because it's easier to rate than to reply. The point isn't really whether IE is too integrated with the OS or not - so what if it is? Personally, I hate IE, *but* a lot of Apple's success is attributable to the tight integration of all its apps with the OS, while *nix distros generally suffer from having too little integration. If MS didn't have such a lion's share of the market, this would not be any more of an issue that it is with Apple. The reason it's an issue is because we've forgotten sportsmanship. If you're losing in a game, you don't (or shouldn't) cry UNFAIR! Instead, you find a way to win. If people think that a crappy browser being too is too integrated into a mediocre OS is unfair, then WRITE AN OS THAT PEOPLE WANT - after all, it's not like the bar is set that high with Windows. It's just too easy to blame failure (in this case, failure to gain a majority market share) on unfair play. Unfortunately, those who spend their time pointing out why they can't win will never do so.

    1. Re:Stop crying, start coding. by BadAnalogyGuy · · Score: 1

      There is a problem with your logic.

      No one ever said Microsoft had a monopoly on all PCs. In fact, Apple has quite a sizable share of the PC market. Rather, MS has a monopoly on all Windows PCs. And with this monopoly, they were making deals that were hurting the consumer who had no choice but to buy Microsoft Windows when they bought their Windows PC.

      When the user needs a PC, they aren't only looking for the Windows PC with the features they want. If this were the case, there would be many viable operating systems. No, they are looking for a PC with the features they need, and that typically means a Windows PC, and that in turn means Microsoft Windows.

      So it doesn't matter that you come up with the best OS ever. If you are competing against Microsoft in the Windows PC market space, you are taking on the entrenched monopoly and will lose.

    2. Re:Stop crying, start coding. by Anonymous Coward · · Score: 0

      Rather, MS has a monopoly on all Windows PCs.

      That's like saying Ford has a monopoly on all Ford cars.

    3. Re:Stop crying, start coding. by BadAnalogyGuy · · Score: 2, Informative

      Finding of facts III.35:
      http://www.usdoj.gov/atr/cases/f3800/msjudgex.htm

      Microsoft possesses a dominant, persistent, and increasing share of the world- wide market for Intel-compatible PC operating systems. Every year for the last decade, Microsoft's share of the market for Intel-compatible PC operating systems has stood above ninety percent. For the last couple of years the figure has been at least ninety-five percent, and analysts project that the share will climb even higher over the next few years. Even if Apple's Mac OS were included in the relevant market, Microsoft's share would still stand well above eighty percent.

      So the relevant market is Intel-compatible PC operating systems, not including valid alternative operating systems.

    4. Re:Stop crying, start coding. by Anonymous Coward · · Score: 0

      Yelling unfair IS part of the game, dumbass.

    5. Re:Stop crying, start coding. by Hubbell · · Score: 0, Flamebait

      I'm sorry, I'd like to be able to actually do the shit that I enjoy on my computer instead of feeling like I'm a hardcore nerd and using Linux or feeling like an utter bandwagon hopping faggot on a Mac.

      I play various single/multiplayer games as well as Darkfall Online + I have never had a problem with windows since windows 98 (run XP exclusively since it was available) so I fail to see what all the nerdraging is about other than OMG NOONE WANTS TO USE MY PREFERRED OS WTFFF

    6. Re:Stop crying, start coding. by hkmwbz · · Score: 4, Insightful

      If MS didn't have such a lion's share of the market, this would not be any more of an issue that it is with Apple.

      Probably not. That's the nature of competition law. Dominant players don't play by the same rules as everyone else. Microsoft ignored that, abused their position to undermine competition, and thus broke the law.

      The reason it's an issue is because we've forgotten sportsmanship. If you're losing in a game, you don't (or shouldn't) cry UNFAIR!

      If the other guy is cheating at a game and winning (breaking the law), why shouldn't there be any consequences for the cheater?

      If people think that a crappy browser being too is too integrated into a mediocre OS is unfair, then WRITE AN OS THAT PEOPLE WANT

      So to compete in the browser market, all browser vendors should be required to create their own OS?

      It's just too easy to blame failure (in this case, failure to gain a majority market share) on unfair play.

      Breaking the law is not "unfair play"?

      --
      Clever signature text goes here.
    7. Re:Stop crying, start coding. by caesarsgrunt · · Score: 1
      I hate MS, but...
      As is acknowledged towards the end of the quote, The first sentence is only true if almost all non-Microsoft products are ignored.
      And when did Intel-compatible become an issue? MS holds a far higher share of the AMD-compatible OS market than the Intel-compatible OS market, because Apple don't make an AMD-compatible OS!
      Consider the following:

      Ford possesses a dominant, persistent, and increasing share of the world- wide market for Shell-compatible vehicles. Every year for the last decade, Ford's share of the market for Shell-compatible vehicles has stood above ninety percent. For the last couple of years the figure has been at least ninety-five percent, and analysts project that the share will climb even higher over the next few years. Even if Porsche's vehicles were included in the relevant market, Ford's share would still stand well above eighty percent.

      Only true if we ignore all other vehicles, but so what?

      We can take the car analogy further by considering radios.
      OMG!!! Citroen bundles a non-standard radio with their vehicle! We must sue them into oblivion and force them to unbundle their radio and sell cars without radios, or with a selection of several.

      --
      Caesar's Grunt
      Bespoke website design at affordable prices!
    8. Re:Stop crying, start coding. by rbanffy · · Score: 1

      "If people think that a crappy browser being too is too integrated into a mediocre OS is unfair, then WRITE AN OS THAT PEOPLE WANT"

      When you reduce that "PEOPLE" to all people who matter (namely, the folks at Dell, HP, Acer, Lenovo and Toshiba that more or less decide for the whole market) you will realize that an OS that doesn't suck isn't high in the priorities list.

      It's like Project Mojave: it was not designed to make end-users reconsider Vista and it didn't even care if that would irk end-users - it was designed to reassure OEMs that computers built to Vista's specs would provoke a favorable response in end users.

    9. Re:Stop crying, start coding. by Frankie70 · · Score: 1

      No one ever said Microsoft had a monopoly on all PCs. In fact, Apple has quite a sizable share of the PC market. Rather, MS has a monopoly on all Windows PCs.

      Yes. Sort of like how Toyota has a monopoly on all Camrys.

    10. Re:Stop crying, start coding. by BadAnalogyGuy · · Score: 1

      Kind of. Please see my other post for more details about this.
      http://slashdot.org/comments.pl?sid=1242889&cid=28065391

    11. Re:Stop crying, start coding. by 99BottlesOfBeerInMyF · · Score: 3, Informative

      No one ever said Microsoft had a monopoly on all PCs.

      In previous court cases MS was ruled to have monopoly influence on the "desktop operating system" market.

      In fact, Apple has quite a sizable share of the PC market.

      The PC market is not monopolized. There is Dell and HP and Lenovo and Apple and a hundred others. Unlike the US case, the EU market definition potentially includes OS X in the relevant market. This doesn't matter for two reasons. First, Apple doesn't have a big enough chunk for Microsoft to lose monopoly influence (by a very large margin). Second, Apple does not sell OS X into the relevant market, refusing to license it to consumers (consumers in this case being mostly OEMs like Dell and large corporations buying site licenses).

      When the user needs a PC, they aren't only looking for the Windows PC with the features they want.

      This is true, but not really relevant to this case. This case is about MS having tons of power because OEMs have no viable choices other than Windows when buying an OS to preinstall. It's about them using that power to push other products from separate, preexisting markets thereby undermining free trade in those markets.

      So it doesn't matter that you come up with the best OS ever. If you are competing against Microsoft in the Windows PC market space, you are taking on the entrenched monopoly and will lose.

      Will, Microsoft doesn't actually make a PC so it is hard to take them on at all. It is nearly impossible to win in the desktop OS space. In numerous other markets like Web browsers, it is very hard to compete because MS illegally uses their Windows monopoly in ways that make it so that even if your browser is far superior to Internet Explorer (and really what browser isn't), you're unlikely to achieve the same level of market share. That's the illegal thing here and what is detrimental to the industry and market.

    12. Re:Stop crying, start coding. by 99BottlesOfBeerInMyF · · Score: 1

      Sorry BadAnalogyGuy but you're a bit confused on this one. You're citing the US DoJ findings, but this is an EU case. They did not include "Intel-compatible" in their rulings of fact and while they did use the term "PC Operating System" they used PC as an adjective to distinguish it from the "Work Group Server Operating System" market. Macs are a brand of PC according to the EU case.

      So the relevant market is Intel-compatible PC operating systems, not including valid alternative operating systems.

      You're mistaken. That was the US, this is an EU case.

    13. Re:Stop crying, start coding. by Tenebrousedge · · Score: 1

      Really?

      Intel-compatible in this context means anything x86 compatible. Just in case you don't know, that also includes AMD

      Also do note that the quote you disparage is a legal finding of fact, and was confirmed by a federal appeals court. That would be a big clue that you haven't correctly understood the quote.

      Incidentally, the corresponding conclusion of law ordered Microsoft to be broken up as an illegal monopoly. Would that that had happened. Instead, Microsoft went to work...the resulting settlement was an almost pathetic slap on the wrist.

      --
      Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
    14. Re:Stop crying, start coding. by 99BottlesOfBeerInMyF · · Score: 1

      As is acknowledged towards the end of the quote, The first sentence is only true if almost all non-Microsoft products are ignored. And when did Intel-compatible become an issue?

      Intel compatible was only an issue in the US because the regulators there were wonky. It is not an issue in this case at all.

      MS holds a far higher share of the AMD-compatible OS market than the Intel-compatible OS market, because Apple don't make an AMD-compatible OS!

      Intel, AMD, ARM, it doesn't matter for the EU. Apple's OS X is considered in the EU, but not significant because Apple doesn't license their OS to the relevant consumers. Since Dell can't license OS X to put on their machines, Apple making it does little to lessen MS's power to force IE upon Dell machines.

    15. Re:Stop crying, start coding. by KingMotley · · Score: 1

      The EC case is based on the fact that Microsoft is considered a monopoly. That monopoly status was never tried in EU, and was referenced by the EC, so in effect, the US DoJ finding is part of the EC case.

    16. Re:Stop crying, start coding. by TropicalCoder · · Score: 1

      He was using a bad analogy.

    17. Re:Stop crying, start coding. by RightSaidFred99 · · Score: 1

      That's because the finding of fact is wrong. It amuses me you nerds will question all sorts of crazy judicial findings but when it comes to Microsoft a laughable declaration that MS is a monopoly in the face of, well, "fact", is taken as coming from on high.

    18. Re:Stop crying, start coding. by 99BottlesOfBeerInMyF · · Score: 1

      The EC case is based on the fact that Microsoft is considered a monopoly. That monopoly status was never tried in EU

      Sorry it took so long for me to respond to this, I've been on a several day bender. Anyway, the EU did determine Microsoft to have a monopoly in their previous case against them. They did not rely on the US courts and I'm not certain that would even be legal. In fact they defined the market on which MS had a monopoly differently than the DoJ.

  11. other possibilities? by Joseph_Daniel_Zukige · · Score: 1

    Several have mentioned a third possibility, that Microsoft is just not used to being unable to throw its weight around and get its captive audience for expounding on its special right to innovate that ordinary people like me can't have, and has gone home to pout.

    So to speak.

    I can think of a few other possibilities, such as planning to sue the EU for not allowing them their "day" in court.

    If your analogy is not a fiction, my condolences about your father.

    I have to wonder, is that crater where they mined the phosphate?

  12. But but but by dark42 · · Score: 1, Funny

    But if they remove IE from Windows, how am I supposed to download Firefox?

    1. Re:But but but by Anonymous Coward · · Score: 0

      ftp

      Hasn't changed since they ripped it from 386BSD, but it works well enough.

    2. Re:But but but by CyberSlammer · · Score: 2, Funny

      Install AOL off a CD and download Firefox...wait..no...ack!

    3. Re:But but but by Anonymous Coward · · Score: 0
      How did you get Windows in the first place?

      I would suggest you get your browser the same way.

    4. Re:But but but by ClosedSource · · Score: 1

      On the one hand people argue that consumers still can't easily choose a replacement browser on Windows, but then they expect them to use FTP.

    5. Re:But but but by Kneo24 · · Score: 1

      Circular, but thanks for trying.

      The average person buys their computer in a store, already built for them, everything installed. All they have to do is some very minor configuration when they first boot it up.

      Those computers came with IE. If they knew about FF, Chrome, Opera, whatever, it was because someone told them about it. They used IE to go and grab those other browsers.

      They may not know how to use another computer for this purpose, where they download the install file, pop it on a thumb drive and take it to their PC.

      And before you begin some bullshit rant about the people I mentioned earlier who may be more technologically inclined, I'll put this to rest too.

      Those people could be spreading the gossip from what they heard elsewhere. They could be a few hundred miles away.

      The fact is, a lot of people are going to be stuck if they get a PC without a browser installed.

      As much as we would like for people to be marginally PC literate, it just is not going to happen.

    6. Re:But but but by Anonymous Coward · · Score: 0

      The point is, you buy a computer from the store and it comes with an operating system and a web browser installed and ready to use. There is no reason the browser you get this way has to be IE. If the computer maker or the store can get Opera or Firefox cheaper than IE, they can install those instead. Right now they don't have that option because the price of IE is included in the price of Windows, which turned out to be illegal bundling.

  13. What is the big deal? by Hubbell · · Score: 1, Troll

    How is it wrong that they bundle Internet Explorer, or even integrate it entirely into, Windows? Windows is their property, if they wish to integrate functions x y and z into it, even hardcoding them in, what is the problem again?

    1. Re:What is the big deal? by hkmwbz · · Score: 4, Insightful

      It's wrong because they used bundling with their dominant OS to kill the competition in the browser market. It's illegal to use bundling combined with a dominant position in the market to screw the competition. It's called antitrust law, and I suggest you look that up before getting all opinionated over this. The same antitrust laws exist in the US.

      --
      Clever signature text goes here.
    2. Re:What is the big deal? by Hubbell · · Score: 0, Troll

      The browser 'market?' How can you have a market for something that is free? Just cause something is against the law doesn't mean I can't have an opinion either.
      Basically, if I get into business x, and I do so well (cry all you want, microsoft did THE BEST cause of their business strategy whether you like it or not) in that business that I'm the top dog by far, I'm not allowed to offer new services and such exclusively with my product? How the hell does that work? I get fucked in the ass for being successful? I thought Obama was only elected a couple of months ago, that's not enough time to get such laws on the books.

    3. Re:What is the big deal? by Anonymous Coward · · Score: 0

      There's a difference between bundling a browser because an OS needs a layout engine, and killing the competition.

      Just get over the fact that HTML is an integral language that OSes need to be able to read out of the box, and many programs need to call Trident's DLLs to perform various functions. Microsoft is not blocking you from downloading and installing any browser you care to choose. Grow up, please.

    4. Re:What is the big deal? by hkmwbz · · Score: 1

      There's a difference between bundling a browser because an OS needs a layout engine, and killing the competition.

      I'm sure. However, that does not change the fact that Microsoft used its dominant position in the OS market in combination with illegal methods like lock-in, bullying of OEMs, etc. to undermine competition in the browser market.

      Just get over the fact that HTML is an integral language that OSes need to be able to read out of the box, and many programs need to call Trident's DLLs to perform various functions.

      Yes, the tight coupling with Windows is another problems.

      Microsoft is not blocking you from downloading and installing any browser you care to choose. Grow up, please.

      Many sites still require IE to work at all. But the fact that Microsoft doesn't actively prevent me from downloading another browser does not change the fact that they illegally used their dominant position to undermine competition.

      --
      Clever signature text goes here.
    5. Re:What is the big deal? by hkmwbz · · Score: 4, Insightful

      The browser 'market?' How can you have a market for something that is free?

      There are several browser vendors out there. They are making money. And they were making money before Microsoft started breaking the law and undermining competition. The browser market existed before Microsoft. Microsoft was betting on their Microsoft Network thing for a long time, remember?

      Just cause something is against the law doesn't mean I can't have an opinion either.

      Well, you clearly weren't even informed about the law. Shouldn't you at least educate yourself before commenting?

      Basically, if I get into business x, and I do so well (cry all you want, microsoft did THE BEST cause of their business strategy whether you like it or not)

      So when someone uses illegal performance-enhancing drugs to win at sports, the competitors can cry all they want because the winner did best because of his strategy?

      in that business that I'm the top dog by far, I'm not allowed to offer new services and such exclusively with my product? How the hell does that work? I get fucked in the ass for being successful?

      No, you get "fucked in the ass" for breaking the law.

      I thought Obama was only elected a couple of months ago, that's not enough time to get such laws on the books.

      In case you didn't notice, this is a case in the EU. In case you didn't notice, the US has had antitrust laws for ages. Antitrust laws exists all over the world. Perhaps you should educate yourself before being all opinionated over something you clearly don't understand?

      --
      Clever signature text goes here.
    6. Re:What is the big deal? by dunkelfalke · · Score: 1

      you are the utter ignoramus here.

      kids these days. no education but a stupid opinion to everything.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    7. Re:What is the big deal? by Anonymous Coward · · Score: 0

      Many sites still require IE to work at all. But the fact that Microsoft doesn't actively prevent me from downloading another browser does not change the fact that they illegally used their dominant position to undermine competition.

      IT most certainly does! Your evidence and the EU is too vague and bullshitish to even constitute Anti-trust violation. If I was MS, I would just let the EU use Linux for all its computing needs, then see how far they get.

      You can bundle any products you want and MS did. The nature of the bundle was not violating anti-trust laws in any way shape or form. A company is not legally obligated to support their competitors and this judgment does just that. It forces MS to ensure their competitors safety, because they made bad choices. All this nonsense over a so called bundle, when the average consumer can barely operate a computer is moot. The EC didn't take into account all factors and made a premature judgment. If the average person was capable of using linux or knew wtf a library was, then use, abuse of dominance could be shown. However, all MS did was make it easier and more functional for their consumers to use their computers with MS stuff on it. End of story. If you want linux go get linux, go ask linux to make deals with best buy like MS and Apple does. If you wanted Netscape, then ask them to manage better instead of mismanaging. A company can not and should not be responsible for its competitors survival, it goes against the very nature of business.

    8. Re:What is the big deal? by hkmwbz · · Score: 5, Insightful

      Your evidence and the EU is too vague and bullshitish to even constitute Anti-trust violation.

      My evidence? I'm merely stating some facts. If you want the actual evidence, perhaps you should look it up for yourself. Here is a good place to start if you wish to educate yourself.

      You can bundle any products you want and MS did. The nature of the bundle was not violating anti-trust laws in any way shape or form. A company is not legally obligated to support their competitors and this judgment does just that.

      Actually, you can't bundle any products you want if you are in a dominant position like Microsoft is. The nature of the bundle was likely violating antitrust law (the ruling has not yet been made, mind you), because Microsoft has definitely undermined competition in the browser market by abusing its dominance in the OS market.

      It forces MS to ensure their competitors safety, because they made bad choices.

      So what you are saying is that there should be no consequences if you break the law?

      All this nonsense over a so called bundle, when the average consumer can barely operate a computer is moot.

      So-called bundle? Are you denying that IE is bundled with Windows? And how is the average consumer's computer skills relevant?

      The EC didn't take into account all factors and made a premature judgment.

      What factors? The EC has not made a ruling yet, but did state its preliminary view that it does look like Microsoft broke the law. After issuing the statement where they found there was ground for further followup on the issue, they started gathering more data. This includes responses from Microsoft.

      If the average person was capable of using linux or knew wtf a library was, then use, abuse of dominance could be shown.

      This case is about browsers, not operating systems.

      If you wanted Netscape, then ask them to manage better instead of mismanaging. A company can not and should not be responsible for its competitors survival, it goes against the very nature of business.

      Netscape is not the only victim of Microsoft's illegal actions.

      --
      Clever signature text goes here.
    9. Re:What is the big deal? by hkmwbz · · Score: 1

      Oh dear. Looks like I'm either talking to a Microsoft shill or an ignorant kid. Bye, it was nice being trolled by you.

      --
      Clever signature text goes here.
    10. Re:What is the big deal? by Hubbell · · Score: 0

      If Netscape hadn't sucked maybe it would still be around.

    11. Re:What is the big deal? by Drakin020 · · Score: 1

      Browser market? What market? It's not like people go out and purchase IE, or Netscape, or Firefox.

      They should be able to put what they want in their OS. Afterall...It's not like they are restricting other Browsers.

      --
      The greatest revenge in life is massive success.
    12. Re:What is the big deal? by 99BottlesOfBeerInMyF · · Score: 1

      The browser 'market?' How can you have a market for something that is free?

      Easily. Just as AT&T about the "free" phones they used to supply. I'm sure you wish we were all stuck using rotary phones with no answering machines or speed dial or cordless options like we were until AT&T's monopoly was busted up huh? Or maybe you think it's a coincidence that modern phones began to innovate again immediately thereafter?

    13. Re:What is the big deal? by Anonymous Coward · · Score: 0

      No, you get "fucked in the ass" for breaking the law

      Ah, so you must be one of those people that supports the $100,000 per song judgements for illegal music sharing. It is in the law, after all.

    14. Re:What is the big deal? by Anonymous Coward · · Score: 0

      The ecis is a terrible place to start looking for facts. The ecis is a front for Microsoft bashing, and the document they produced on Microsoft's History is 90% lies, and 10% opinion (based on those lies). Anyone who was around in IT during most of what it discusses would agree.

    15. Re:What is the big deal? by hkmwbz · · Score: 1

      No, I don't support $100K per song. However, it's easy to show how antitrust laws are useful and needed. Just look at how Microsoft fucked the market in the ass.

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    16. Re:What is the big deal? by hkmwbz · · Score: 1

      Nice try, Microsoft shill. Anyone who has been around for a few years knows that the document is factual. Only someone on Microsoft's payroll would claim otherwise.

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    17. Re:What is the big deal? by Elektroschock · · Score: 2, Informative

      IT most certainly does! Your evidence and the EU is too vague and bullshitish to even constitute Anti-trust violation. If I was MS, I would just let the EU use Linux for all its computing needs, then see how far they get.

      Microsoft had the opportunity to reply to the Opera complaint and did so. Additionally it had the opportunity to state its opinion at the hearing.

      What is a violation of antitrust law is determined by the authority. If you disagree Microsoft can feel free to go to court (as last time haha).

    18. Re:What is the big deal? by FlexPlexico · · Score: 1

      Ah yes, you're almost right. With the risk of being redundant, it's worth noting that browsers help the companies developing them earn money, so there definitely IS a certain market, and Microsoft is actively trying to corner it for some time now.

    19. Re:What is the big deal? by EvolutionsPeak · · Score: 1

      I don't think what MS did in this case was illegal.

      As far as I can tell the argument goes like this:

      1. Netscape has the most market share.
      2. MS started bundling IE with Windows
      3. IE took over the market
      4. Therefore MS bundling IE with Windows was anti competitive and illegal.

      Clearly this is faulty logic, so maybe I'm missing something. But faulty logic has never stopped politicians before. It's not like the other browser vendors have tried to be competitive. MS spends millions on advertising their OS with their browser. How much did Netscape, Mozilla, or Google spend advertising their browsers? I certainly haven't seen any ads on TV for them. How can they legitimately claim anti-competitive behavior on MS's part if they aren't even trying to compete?

      You present no argument as to why MS's activities were actually illegal. You just say they broke the law as if that must be true. Maybe you should present an argument before getting all high and mighty?

    20. Re:What is the big deal? by RightSaidFred99 · · Score: 1

      First, there is no browser market.

      Second, an OS without a browser is a laughable concept.

      Third, Microsoft included the browser long ago with the OS, applications depend on it. No IE means broken Windows applications.

      Fourth, removing the browser from the OS does not help consumers. Sure, you can make some laughable argument that "competition helps consumers!" but the fact is this is an abstract, conceptual "good" which doesn't exist in this case. There are already plenty of high quality alternative free and commercial browsers. Applications breaking left and right is a demonstrable harm.

      Really all you can do to cheerlead this case is say "durr, me hate Microsoft! Me _real_ free market champion, because me think government should dictate product design! Me HATE MICROSOFT!".

    21. Re:What is the big deal? by azrider · · Score: 1

      As far as I can tell the argument goes like this:

      1. Netscape has the most market share.

      Good so far, but you omit the fact that Netscape Navigator was SOLD as a product.

      2. MS started bundling IE with Windows

      Beginning of the problem. MS started bundling IE with Windows FOR FREE

      3. IE took over the market

      Here is the crux of the problem. Windows was the dominant desktop O/S. By providing a web browser FREE, they leveraged the dominance of their desktop O/S to destroy Netscape's business.

      4. Therefore MS bundling IE with Windows was anti competitive and illegal.

      See above.

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    22. Re:What is the big deal? by hkmwbz · · Score: 1

      Browser market? What market? It's not like people go out and purchase IE, or Netscape, or Firefox.

      And yet companies like the Mozilla Corporation, Access and Opera Software are making money from browsers. And companies were making money from browsers before IE as well. So there was a market before Microsoft's violations, and there is a market now. And Microsoft is using their dominant position in another market to undermine competition in the browser market, which is illegal.

      They should be able to put what they want in their OS.

      That's like saying "I should be able to stick my knife in whatever I want". That isn't how it works. I can stick my knife in this steak here, but it's illegal for me to stick my knife in someone else's body. You may not be aware of this but there is such a thing as "antitrust law". I suggest that you familiarize yourself with that.

      Afterall...It's not like they are restricting other Browsers.

      Actually, they were and they are. IE is full of proprietary and undocumented behavior which keeps other browser vendors chasing a moving target in order to try to be compatible so that they will work with all the sites out there that are coded specifically for Microsoft's proprietary platform. They were and are also hiding Windows APIs from other browser vendors, and are using Windows Update to push IE even when other browsers are set as the default browser.

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    23. Re:What is the big deal? by hkmwbz · · Score: 1

      You present no argument as to why MS's activities were actually illegal. You just say they broke the law as if that must be true. Maybe you should present an argument before getting all high and mighty?

      Or maybe you should educate yourself so that you won't have to ask these basic questions? But I guess that if you don't know by now, you don't want to know. Are you faking ignorance?

      But let me explain: It is illegal to use your dominance in one market to destroy the competition in a different market. Microsoft used its dominant position in the OS market to destroy competition in the browser market.

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    24. Re:What is the big deal? by hkmwbz · · Score: 1

      First, there is no browser market.

      There is. Several companies are making money from browsers, such as Mozilla Corporation, Access, Opera Software and Openwave.

      Second, an OS without a browser is a laughable concept.

      "A murderer without a knife is a laughable concept."

      As a matter of fact, it has not been decided that IE needs to be removed. There are other possible remedies as well. But I guess facts don't matter when you do shilling for Microsoft.

      Third, Microsoft included the browser long ago with the OS, applications depend on it. No IE means broken Windows applications.

      Actually, you don't need IE. All you need is parts of IE.

      Fourth, removing the browser from the OS does not help consumers. Sure, you can make some laughable argument that "competition helps consumers!" but the fact is this is an abstract, conceptual "good" which doesn't exist in this case. There are already plenty of high quality alternative free and commercial browsers.

      Actually, competition does help consumers, and lack of competition does harm consumers. Many sites still require IE to work at all, and especially people browsing from non-PC devices are in trouble because the web is primarily designed for proprietary browser technologies.

      Really all you can do to cheerlead this case is say "durr, me hate Microsoft! Me _real_ free market champion, because me think government should dictate product design! Me HATE MICROSOFT!".

      The only people "hating" here are ignorant fools like yourself, who keep repeating the same fallacies over and over and over again, despite having the actual facts explained to you numerous times. Why do you keep repeating the same fallacies over and over again? I know I have lectured you on this in the past, and so have others.

      The bottom line is that Microsoft broke the law. Microsoft shills like yourself will either try to deny the fact that Microsoft broke the law, or argue that Microsoft should be able to break the law without consequences. Both completely pathetic, ignorant and dishonest positions.

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    25. Re:What is the big deal? by Anonymous Coward · · Score: 0

      When legitimate posts like the parent's get modded troll on this site, Slashdot really reveals its bias.

      If anti-trust law prevents companies from improving their products then anti-trust law is, without a doubt, broken.

    26. Re:What is the big deal? by Drakin020 · · Score: 1

      That's like saying "I should be able to stick my knife in whatever I want". That isn't how it works. I can stick my knife in this steak here, but it's illegal for me to stick my knife in someone else's body. You may not be aware of this but there is such a thing as "antitrust law". I suggest that you familiarize yourself with that.

      Wow, that's a terrible analogy, it's nothing like that. A good comparison is like saying "I built this car, so I'm going to put my own brand of oil filter into it, but others can change it if they want"

      Actually, they were and they are. IE is full of proprietary and undocumented behavior which keeps other browser vendors chasing a moving target in order to try to be compatible so that they will work with all the sites out there that are coded specifically for Microsoft's proprietary platform. They were and are also hiding Windows APIs from other browser vendors, and are using Windows Update to push IE even when other browsers are set as the default browser.

      Uh, no they are not. You can install Firefox perfectly fine. Just because you can't run Windows update via Firefox doesn't mean they are restricting it. In-fact, In Vista I run updates using the Windows updater, not IE or Firefox.

      They are not restricting anything.

      I think you need to come up with better arguments than that.

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      The greatest revenge in life is massive success.
  14. Stop talking nonsense and start thinking by Anonymous Coward · · Score: 0

    It isn't as simple as just writing an OS that "people want"

    Unfortunately, market share plays an important part in what people can use - regardless of what they might 'want' if they had the chance.

    If everyone around you uses product A then you are pretty much forced to use product A too... that is, unless you can free up the specifications of that product so that others can write compatible applications, and more importantly, get those competing applications included with the market leading platform.

    Before you start wittering on about writing software that people want, you might do a bit of homework about market strategies, monopolies and economics in general. Otherwise nobody will have any respect for what you have to say.

  15. WTF? by Anonymous Coward · · Score: 0

    So basically Microsoft claimed it was innovating when it packaged a browser with its OS and history shows everyone else copied them. So if its illegal why can Apple and most Linux builds do it?

    1. Re:WTF? by hkmwbz · · Score: 2, Insightful

      So if its illegal why can Apple and most Linux builds do it?

      Bundling a browser with an OS isn't illegal. It's illegall to use bundling with a dominant product (Windows) to destroy the competition in a different market (browsers). Apple and Linux definitely do not have the dominance in the market to do that, so they are free to bundle. Besides, Safari is actually a standards compliant browser.

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    2. Re:WTF? by Thinboy00 · · Score: 1

      Microsoft has the dominant position in the OS market, hence the antitrust laws apply to it a lot more than to Linux, Apple, etc.

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    3. Re:WTF? by MickyTheIdiot · · Score: 1

      well.. the last time I checked I could install firefox from my Ubuntu desktop without causing the OS or desktop to become non-functional.

      If you are using XP then you can never totally stop using I.E. Every program that uses any browser functionality or gathers any information from the internet uses I.E. code. There is no way to change that. Not to mention that items like update manager require IE and have no way to run in other browsers. I can't speak to Vista on this (though I know that Update Manager runs somewhat different).

      I think to anyone with enough information KNOWS that the OS/IE thing is illegal.. I think the problem is that our legal system is so screwed up and is so tied up in details its hard to define. But in this case it's a little like porn... it's hard to define buy you know it when you see it.

  16. Protip by Anonymous Coward · · Score: 0

    Protip: preview botton

  17. This is retarded by Greg2k · · Score: 1

    Actually Microsoft's attitude towards IE has been rather commendable lately, what with the improved standards-compliance of IE8 and the fact that it can be easily uninstalled from a Windows 7 installation, leaving no trace of it behind. Not to mention the number of browsers has improved over the past couple of years on the Windows platform, and how Microsoft is opening up to ODF support in Office and the like. It's getting to a point where the legitimacy of senseless Microsoft-bashing is at an all-time low.

    1. Re:This is retarded by TropicalCoder · · Score: 1

      It's getting to a point where the legitimacy of senseless Microsoft-bashing is at an all-time low.

      It's getting to a point where Microsoft's credibility is at an all time low. Microsoft hasn't changed a bit - though they would like us to believe that and have a team of revisionists trying to rewrite history for us right here on Slashdot. As to "...how Microsoft is opening up to ODF support in Office", yes lets talk about that. They are implementing ODF via malicious compliance - deliberately trying to destroy ODF by introducing a version with SP2 for Office 2007 which does not interoperate with any other word processor. This was a clear statement from Microsoft to the ODF Aliance saying "go fuck yourself" and was a slap in the face to all of us. It demonstartates the utter contempt Microsoft holds for us all. There is nothing commendable about Microsoft's attitude towards IE. They established dominance via illegal bundling, and continue to bundle it, leveraging their monopoly on the desk top to grow their web related technologies. They play dirty, and are a bad example for our children.

    2. Re:This is retarded by hkmwbz · · Score: 1

      Actually Microsoft's attitude towards IE has been rather commendable lately, what with the improved standards-compliance of IE8 and the fact that it can be easily uninstalled from a Windows 7 installation, leaving no trace of it behind.

      And amazingly, all of it came after the antitrust case was raised. Funny that, isn't it? In fact, Microsoft implicitly stated that defaulting IE8 to standards mode (instead of defaulting to IE7 mode unless the site opts in) was to appaease the EU because of the antitrust case.

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  18. "Atoning?" by toby · · Score: 1

    BS. Abuse of monopoly is their business model.

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  19. they got scared of Neelie Kroes by dominux · · Score: 3, Interesting

    Microsoft are spinning this. They say that nobody senior was available, that is nonsense. The EU were sending Neelie Kroes, who is European Commissioner for Competition and about as senior as could possibly be. Microsoft got scared and ran away doing damage limitation PR on the way out.

    1. Re:they got scared of Neelie Kroes by Elektroschock · · Score: 1

      Not even Kroes is required to attend. You just have a hearing officer. They listen to the arguments and write a report. The room will be packed with the people who do the work. But if they don't want a hearing, fine. Maybe Nellie Kroes can then go to Switzerland to the baseless competition politician meeting to get lobbied by Microsoft jerks there.

      You cannot bargain with an antitrust authority.

    2. Re:they got scared of Neelie Kroes by RightSaidFred99 · · Score: 0, Troll

      Why would Microsoft attend a kangaroo court with a bunch of bureaucrats when the conclusion is foregone?

    3. Re:they got scared of Neelie Kroes by hkmwbz · · Score: 2, Informative
      It is not a court. It is a hearing requested by Microsoft. In fact, in an amazing and rare moment of honest, Microsoft's blog specifically mentions that the hearing has no legal significance. It was just an opportunity for Microsoft to lobby EU personnel behind closed doors. I guess they got cold feet when they heard that Neelie Kroes was attending.

      Why do you constantly lie in favor of Microsoft?

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