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Internet Explorer Antitrust Case Set To Expire

jbrodkin writes "The judgment in United States vs. Microsoft is on the verge of expiring, nearly a decade after antitrust officials ruled Microsoft unfairly limited competition against its Internet Explorer browser. Microsoft has two more weeks to fulfill the final requirements in the antitrust case, which is scheduled to expire on May 12. Although Netscape ultimately didn't benefit, the settlement seems to have done its job. From a peak of 95% market share, by some estimates Internet Explorer now has less than half of the browser market. Microsoft, of course, filed its own antitrust action against Google this week, and even commented publicly on the irony of its doing so, noting that Microsoft has 'spent more than a decade wearing the shoe on the other foot.'"

19 of 176 comments (clear)

  1. Expired and stagnant. by ozmanjusri · · Score: 5, Insightful

    The settlement did nothing. It was Mozilla and Firefox which revived competition in the browser market.

    --
    "I've got more toys than Teruhisa Kitahara."
    1. Re:Expired and stagnant. by RoFLKOPTr · · Score: 4, Insightful

      The settlement did nothing. It was Mozilla and Firefox which revived competition in the browser market.

      This. The field of web browser development was almost completely stagnant before Mozilla came along. Since then, the web has made massive strides in usability and function, which would not have been possible without Mozilla (and later Google). No antitrust settlement could have caused new browsers to emerge.

    2. Re:Expired and stagnant. by ehrichweiss · · Score: 4, Interesting

      I don't know if I need to remind you but Netscape was essentially Mozilla's code and they even said it in the EULA around 1994 or 95: "Remember, it's spelled N-E-T-S-C-A-P-E but it's pronounced 'Mozilla'"

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      0x09F911029D74E35BD84156C5635688C0
    3. Re:Expired and stagnant. by shutdown+-p+now · · Score: 3, Interesting

      The settlement did nothing. It was Mozilla and Firefox which revived competition in the browser market.

      Well, that's kinda the point, isn't it? Anti-competition measures, by their very definition, enable others to fairly compete on their merits without being strangled by monopolies. For Netscape it was already too late, and they weren't actually better than IE5+, even once the barriers were removed. When something that was better did finally appear (Mozilla, and ultimately Firefox), it competed on its merits - and the result is most impressive.

      Oh, and Opera? In the relevant time period this was Opera 5 & 6. Back then it was a good browser - very fast, certainly, and with a nice set of UI features - but in terms of supporting newer web standards it was even worse than IE6 (which was actually pretty good at the time it was released... it just stagnated quick afterwards).

    4. Re:Expired and stagnant. by Anonymous Coward · · Score: 3, Interesting

      BSODding an OS tells something about the host OS too.

    5. Re:Expired and stagnant. by wvmarle · · Score: 3, Interesting

      (anybody remember the NS blink tag?)

      You mean that was not an html standard? I didn't know. And boy do I remember that... horrible. Makes the text involved so hard to read, especially when used on not a single word but a complete paragraph. My regard of the html standards board just went up :) At least they didn't invent that horror.

  2. Anti-trust is always bad by mfh · · Score: 5, Interesting

    Microsoft does some things right and other things really wrong, but never only one or the other... their forced efforts are always a sad uneven mixture of the two.

    IE has always been terrible. Perhaps when Netscape was just starting out, IE may have been somewhat better from a UI standpoint only, with fancy hooks into the OS of the day... but standards trump bells and whistles and IE cannot compete against browsers coded correctly. This is typically because the philosophy of these other products available is to create something that delivers web content safely, rather than trying to control the internet by stifling web development into a proprietary lock-in scheme designed to generate wealth rather than deliver what people want.

    --
    The dangers of knowledge trigger emotional distress in human beings.
  3. Re:wrong by bloodhawk · · Score: 4, Informative

    but they did allow OEM's to use other operating systems. The issue was that they gave preferrential pricing to OEM's that agreed to pay based on the number of machines they shipped, hence the best pricing came by licensing for every machine. bas

  4. Re:wrong by Anonymous Coward · · Score: 3, Insightful

    I'm going to have to disagree on 2/3 of your arguments. First of all, yes what they did with Netscape was terrible. The anti-trust judgement was brought because it was a classic case of monopoly abuse. Microsoft used their exceedingly dominant position in Operating Systems as leverage to gain ground in the Web Browser market. Integrating IE into the OS really only did 2 things: 1) ensured that the average user would never look any further for a web browser (in fact, most new users weren't, until the last few years, aware that anything other than the blue 'e' existed for browsing the web) and 2) opened a number of security vulnerabilities due, in large part, to the browser's close ties to the OS.

    Your evaluation of ChromeOS is, IMHO, completely off base. ChromeOS is a browser-based OS. The UI is a browser. That's pretty much it. Windows, on the other hand, was an OS which had a browser integrated for no other real reason beyond crushing the competition. It'd have been one thing if IE were simply free, however, I can still remember seeing boxes to buy it in stores. It was made free once they realized it was the only way to win. ChromeOS, in contrast, is simply banking on the fact that webapps are "good enough" for most people for most things at this point and that they can simply do away with the rest of the OS pretty much all together.

    As for abusing their monopoly in regards to OEMs, I'll agree, though they aren't the only ones that engaged in this behavior in this market (see: Intel).

  5. Should have been 3 Baby Microsofts by ackthpt · · Score: 3, Interesting

    Microsoft should have been split into 3 companies, but when George W. Bush rolled into Washington DC, he viewed every Clinton move as garbage and disregarded it. Really would have been a good thing for Microsoft, in the long run, one of the three was bound to ditch the crappy OS and build a better one without all the legacy garbage and bundling everyone's products for free.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Should have been 3 Baby Microsofts by Archangel+Michael · · Score: 4, Insightful

      I blame Microsoft for creating a marketplace that made Linux popular. Yes, one of the biggest reasons why Linux became successful, especially on the server market, was because there was no viable alternative. That created the opening that allowed Linus' creation to grown and be nurtured for years completely ignored by Redmond. It was too small, and wasn't a threat. It was a toy, just a college kid's cute experiment.

      Then the internet bubble hit, and it was expensive Netscape Server or Less Expensive IIS, and the pesky upstart OS and Apache, both FREE (libre, gratis), Small ISPs who couldn't afford Unix or Windows NT servers started using it. And against all odds, it became popular. Holes were patched quickly as they were found, showing how nimble Open Source Code could be, and better than proprietary code that was constantly being hacked while websites waited for updates from the vendors.

      I know, I was there, in one of those ISPs (Yay Slackware). Since then, I've done Debian, SuSE, RedHat, Yellowdog, Ubuntu and a couple roll your own distros. I credit, almost entirely, the monoculture that was Microsoft, for the rise of Linux. Not because I like Microsoft, but rather because I can look back and see the utter apathy that the monoculture rested upon.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:Should have been 3 Baby Microsofts by doktor-hladnjak · · Score: 3, Insightful

      Don't forget the implications of the BSD/AT&T lawsuit in the early 90s on the rise of Linux. Even Linus himself has admitted that had 386/BSD been available to him (i.e., not caught up in a major lawsuit which delayed development and release of other BSD derivatives), he probably would have never written Linux.

    3. Re:Should have been 3 Baby Microsofts by devent · · Score: 3, Insightful

      Funny, because this "legacy garbage" is the only reason why Windows is still so popular. In addition, the "legacy garbage" (aka ActiveX, ask the people in South Korea why they can't use anything but IE. http://blog.mozilla.com/gen/2007/09/21/update-on-the-cost-of-monoculture-in-korea/ ).

      How about they build a new Windows, without the 'legacy garbage' and every mom and pop need to buy all the software they all love and use again for no reason other than the older version doesn't run on the new Windows?

      Would be nice if Windows would start to compete with other systems on fair grounds and not how well Windows application can be run on the different systems (which no matter how well your system is, Windows will always run Windows applications better).

      After decades we finally have somewhat of a fair ground where Microsoft Office needs to compete on fair grounds and not how well the office suites can open and save Microsoft Office documents. But of course that move was undermined by Microsoft with their OOXML format.

      Yes, Microsoft should have been split up and the new companies should have been under control by the feds. Further, the APIs and the document formats should be opened up, for Wine, Samba, and OpenOffice. The judgment did in fact nothing at all and you can see how well the governmentcooperation relationship is doing.

      --
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  6. Re:wrong by phantomfive · · Score: 4, Insightful

    Now, my memory is that the contract was based on more than the number of machines they shipped. That's what Intel got convicted of not long ago. But Microsoft was going even farther, limiting OEMs.

    I remember back then our purchasing manager told me about a conversation he had with some OEMs (we didn't want Windows), and they basically said they couldn't give us computers without Windows because of Microsoft. If you're influencing your resellers like that, then you are abusing your monopoly position. This is part of how they crushed OS/2 warp, which was a far superior OS at that time.

    --
    "First they came for the slanderers and i said nothing."
  7. Re:wrong by Cinder6 · · Score: 3, Insightful

    IANAL, but I've always figured this is allowed for two reasons.

    1. Apple makes hardware that comes with a "special" OS on it. Nobody is stopping you from installing anything else.
    2. Apple is unilaterally "hostile" to all other companies--they don't play favorites, they don't strong arm anyone into using their products, but they don't let anyone install OS X. Microsoft basically said, "If you work with anyone else, you can't do business with us." Apple just says, "You can't do business with us."

    (There's also the fact that Apple's marketshare was and is a fraction of Microsoft's.)

    I would be interested to hear with somebody who actually knows what they're talking about, though. What makes Apple's situation acceptable in the eyes of the law?

    --
    If you can't convince them, convict them.
  8. As a former Opera developer during that era by LostMyBeaver · · Score: 4, Interesting

    I have to say that Netscape was our best friend. Their code has become such crap that it gave us the chance to not only catch up, but to run free.

    Frankly, the lawsuit mentioned was one of the worst things ever to happen to many other companies. Mac, Linux and everyone else was completely left without a browser capable of performing online banking, reading news sites etc... The lawsuit caused Netscape to become a litigation company and their development just fell to pieces. Their server packages were amazingly bad and the day they added Javascript support and "layers" to their browser, everything just fell to pieces.

    That left it up to us to come in and make waves. We became "the other browser" sure, our market share at the time sucked. Lars Knoll was still working on the first release of his amazing code.... imagine a browser written in such a way that the code was readable and manageable. But, what it really came down to is, Netscape's focus on litigation damn near ruined the entire computer market for anyone that wasn't willing to simply just become another Microsoft shop.

    You want to know what REALLY killed BeOS? It was Netscape. We were too small to make the BeOS version, so we used a small Swedish company run by a group of incredibly bright and talented developers. Even now, years after Opera bought that company, the VP of engineering is the guy who ran that group, the guys making the screaming fast rendering contexts and other technologies which keep Opera in the top two at all times really has a lot to do with those guys. But, we just didn't have the resources to do it back then. As a result, Be would either have to make their own browser (they didn't have the manpower or inclination) or Netscape could have made one. But, without a reasonable browser, users had to reboot their machine into Windows to be able to run IE or Netscape to surf the web.

    The world has changed... you can port FireFox or WebKit to a new platform in days (for a crap build, but still functional), if you can interest Opera (which typically isn't hard to do) they can port to a new platform as quickly as they can write a handful of classes and a new Makefile. The reason IE has lost market share isn't because the lawsuit did anything, it's because the other browsers are all equal to or better than IE.

    That said, WebKit has become so good as of late that if Microsoft didn't have to support all the IE infrastructure that they do, switching to WebKit would be a great idea for them. Oh... well, there is another catch to that. If they did that, the whole world would be in an uproar complaining about how Microsoft is trying to be WebKit by absorbing it etc...

    I don't think however that Microsoft is bothering to compete with other browsers anymore. Their developers have a competitive spirit and should, and they should be proud of what they manage to accomplish, but Microsoft doesn't really benefit at all from competing with other browser now. What's the market case for it? Really, there are now 3 great browsers on Windows (Opera, Chrome, FireFox) and Internet Explorer. They are all getting faster and faster, getting more features, the standard web can now do most of what needs to be done without non-standard extensions, in 5 more years, the web standards might even be as capable as Flash Player. There will always be a need for plug-ins if for no other reason but DRM. But, let's face it, Silverlight was proof that Microsoft isn't trying to alter the basics of the web anymore. They're not trying to make new Microsoft only extensions to the standards, but instead decided that a plug-in which could be run on all browsers would be good enough instead.

    Oh, and Chrome and others let you even choose Bing and stuff over Google if you choose to. So, Microsoft still makes their money no matter what browser you use, even if it's Safari (why would anyone use that?) on Mac with Bing.

    So, the business case for competing with the other browser vendors is just not there anymore. Internet Explorer is just another p

  9. IE vs Something by alphatel · · Score: 4, Insightful

    This was a poor anti-trust suit which didn't address the real problem at the time - Microsoft giving OEMs rebates for NOT installing other OSes. IE had very little to do with the bad practices at MS. In the interim, yes Google really has been much more anti-competitive in a myriad of ways, but nothing as prominent as Intel paying to NOT have AMD chips or Ma Bell charging you more because they owned everything.

    --
    When the foot seeks the place of the head, the line is crossed. Know your place. Keep your place. Be a shoe.
  10. Re:wrong by TheRaven64 · · Score: 4, Insightful

    I don't understand why everybody seems to think there were sinister intentions behind Microsoft's bundling of Internet Explorer with Windows. What does increased browser market share really accomplish?

    Were you not alive in the '90s, or were you just not paying attention? Microsoft saw Netscape as a real threat. Microsoft had two products that accounted for over 95% of their total income: Windows and Office. No one bought Windows because they liked Windows, they bought it because it ran the software that they liked (that's not to say that they disliked Windows - although a lot did - just that the OS was irrelevant to most computer buyers). If web applications started to take off (and Netscape was aiming to make their browser a thin client interface) then there was a lot less of a reason to buy Windows.

    Microsoft wanted to avoid this, so they introduced ActiveX. This let you write incredibly rich web applications, because you were basically just shipping a Windows binary to the client and running it in a browser. Internet Explorer existed to push ActiveX. With ActiveX established, web applications would just mean Windows applications that happened to be delivered over HTTP with a little bit of HTML glue, and the Windows monopoly would be safe. There was no chance of getting other browser makers to support ActiveX, because they also supported other platforms and it was against their interests to promote a single-platform technology on the web. IE was given away for free, back when Netscape was only free for noncommercial use. Microsoft dumped it at below cost to encourage people to use it and to drive the competition out of business.

    --
    I am TheRaven on Soylent News
  11. A stacked deck by Brian+Kendig · · Score: 3, Informative

    For all of you who are pointing out, with some rightness, that Netscape Communicator 4 had quality issues - let me remind you of something.

    This was the time period when Microsoft had decided to, as a Microsoft executive stated during the antitrust trial, "cut off [Netscape's] air supply". For each product Netscape was trying to make money on - web servers, proxy servers, ecommerce solutions - Microsoft was giving away a workalike product for free, funded with the earnings from Microsoft Windows.

    And, at the same time, Microsoft was forcing its OEM partners to keep Netscape Communicator off the computers they sold. Any company that refused would no longer get volume licensing discounts on Windows, which would then price their computers out of the market.

    So Netscape was starved for cash at the same time as it had to put in a lot of effort to keep up with the extremely-well-funded Internet Explorer. There was no way that Netscape could have survived, much less competed, against this.