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Microsoft Facing European Sanctions 420

A user writes "CNN and Money Magazine are reporting that a draft decision by the EU committee overseeing the Microsoft investigation appears to recommend fairly severe sanctions against our favorite software company. The article states that the ruling will likely force Microsoft to offer a second version of Windows without 'built-in audiovisual software' (Windows Media Player) for EU customers. While this sounds like a good thing, the article also mentions that Microsoft has an appeals process and will likely get an injunction against enforcement while they pursue said appeal, which may take years."
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Microsoft Facing European Sanctions

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  • by baker_tony ( 621742 ) on Monday March 15, 2004 @09:24AM (#8567771) Homepage
    Why on earth wouldn't I want windows to play back videos fresh out of the box.

    I'm sure the average windows user wouldn't want to have to play around with selecting/installing video playback software when all they want to do is playback a clip they've downloaded.

    My poor Mum!!!

    • Why on earth wouldn't I want windows to play back videos fresh out of the box.
      I'm sure the average windows user wouldn't want to have to play around with selecting/installing video playback software when all they want to do is playback a clip they've downloaded.
      My poor Mum!!!


      give your mum one of those [frozentech.com].
    • Yeah, but the idea is that the OEM does the video installation. Says that in the article :)
    • by frs_rbl ( 615298 ) on Monday March 15, 2004 @09:29AM (#8567802) Journal
      Want Microsoft DRM, non-compliance to standards, and who-knows-what in the future too? It's to avoid this that these sanctions are being applied.

      Sounds sensible to me
    • by eraserewind ( 446891 ) on Monday March 15, 2004 @09:30AM (#8567819)
      I'm sure many businesses would love to be able to only purchase the parts of windows that they wanted.
    • by Gossi ( 731861 ) on Monday March 15, 2004 @09:32AM (#8567833)
      Why on earth wouldn't I want Windows to open Office documents by default? Just install MS Office with Windows as well, it'll be easier for my mum.
    • I'm sure the average windows user wouldn't want to have to play around with selecting/installing $SOFTWARE

      Then the average windows user shouldn't have bought a computer.

    • I'm sure the average windows user wouldn't want to have to play around with selecting/installing video playback software when all they want to do is playback a clip they've downloaded.

      I agree with this. Who does this hurt? Not anyone who reads this site. We can all pick and choose our codecs and install the media player of our choice. No, it's the newbie, who has no clue what to do, they are going to be the one hurt by this. I think Bill and Co. need a swift kick in their pants, but removing MP is not goi

    • by JaredOfEuropa ( 526365 ) on Monday March 15, 2004 @09:44AM (#8567949) Journal
      I'm sure the average windows user wouldn't want to have to play around with selecting/installing video playback software when all they want to do is playback a clip they've downloaded.
      The same could be said for browsers, word processors, graphical tools, video editing software... hell, you could say the same for opererating systems: the average computer buyer doesn 't want the hassle of having to install Windows, just give him Windows right out of the box. What is that you say? There are alternatives to Windows? Well I never...

      Of course it's convenient to get all of that stuff included with your operating system. But if you remember, there used to be a market for things like browsers and video playback software. That market is all but gone, thanks to Microsoft including these products with their OS. I know, there is something called Mozilla for us staunch MS-haters. But good luck trying to sell (or even give) your alternative browser to the public at large.

      I don't feel too bad about MS including such things with their OS, even though I am sure producers of, say, video editing software are having nightmares about MS including that functionality with Windows in a few years time. it's hard to draw the line: sure, no one would argue against operating systems needing a decent file manager, for example. Yet people used to make a living developing and selling separate file managers, a long time ago.

      What I do have a problem with, is that MS sometimes not just includes browsers and video software with the OS, but made sure that it was rather hard to install an alternative product as well. That is what they should be punished for... but this ruling doesn't really accomplish that. As far as browsers and video playback software is concerned, it's all water under the bridge, and you correctly note that it will be consumers who will be hurt by removing these from the OS. MS probably doesn't care a great deal.

      I would have preferred a big fine for MS, to make it clear what is unacceptable behaviour. It has to hurt if it's to heal.
      • by Otter ( 3800 ) on Monday March 15, 2004 @10:10AM (#8568178) Journal
        Yes, but:

        1) The ability to use non-Microsoft products is obviously a good thing but that's very different from the absence of the Microsoft products being a good thing.

        2)We're not talking about MS selling a base version and an enhanced version. It will be a full version and a crippled version with functionality yanked out. With Microsoft having every reason to make it work as badly as possible.

        I want Mozilla and iTunes to work. I couldn't care less about whether the MS functionality on the system remains or not. This thing is such a pointless exercise I can't imagine whom they think it will benefit.
    • Because Windows Media Player is an APPLICATION, not a part of the operating system (or at least shouldn't be).

      From Dictionary.com:

      operating system
      n.

      Software designed to control the hardware of a specific data-processing system in order to allow users and application programs to make use of it.

      Source: The American Heritage(R) Dictionary of the English Language, Fourth Edition
      Copyright (C) 2000 by Houghton Mifflin Company.
      Published by Houghton Mifflin Company. All rights reserved.

      operating syst
    • Re: (Score:3, Informative)

      Comment removed based on user account deletion
  • by DocSnyder ( 10755 ) on Monday March 15, 2004 @09:25AM (#8567778)
    ...found within bundled software like IE, OE, Media Player and Movie Maker. M$ would voluntarily unbundle these components or run out of cash quite soon.
    • Hmmm. Maybe we should rework the "Every time you fap god kills a kitten" cliche to "Every time Someone exposes a bug Microsoft pays a dime"
    • How is this insightful?

      If monetary penalties were imposed on security bugs (or any other bugs for that matter), it would wreak havoc on the software industry. And the free software community would be one of the first to burn from the full heat of it. Microsoft will still have some cash to spare, but most organizations/people that produce/write free software have limited budgets.
  • by Jameth ( 664111 ) on Monday March 15, 2004 @09:27AM (#8567785)
    "The European Commission draft requires Microsoft to share proprietary information with rival server makers"

    That's always my sticking point. I'm not as much bothered that they support video playback in their default system (they also support image playback and text playback, after all) as to their generally incompatible and excessively proprietary methods.
    • But that information may still remain proprietary. MS could share the information and at the same time sue any up and coming rivals for patent violations or something equally silly.
    • Video standards, up until now, have been an open standard. Yes some parties may have had a patent on an element of, say, MPEG, everyone knew how it was supposed to work.

      If someone designs a better motion compensator, it can be knitted into the open standard. Microsoft on the other hand has been trying to lock media behind a black box. This prevents anyone from creating content, save through microsoft licensed content creation tools, and prevents content from being played on non-microsoft licensed players.

  • by Manip ( 656104 ) on Monday March 15, 2004 @09:27AM (#8567789)
    I personally don't like Microsoft... but you have to ask yourself if Media Player is removed who is affected by this in a negative way?

    I think the 'normal users' will be hit hardest, a lot of them just want their media to play and in my opinion it is the place of the Operating System to provide the functionality. We might install something better, but it doesn't hurt us to have it there even if we don't use it. I think the same is true with IE.. it has helped the new users a great deal even if it is bug ridden and crappy.
    • by penguinbrat ( 711309 ) on Monday March 15, 2004 @09:38AM (#8567887)
      Does nobody RTFA?!!

      The aim is to free computer makers to sell Windows bundled with rival audiovisual software such as RealNetworks RealPlayer or Apple's Quicktime, the sources said.
      • I think Microsoft's answer should be "We ain't going to bundle sh*t. We are taking MPlayer out, and we'll leave it to the user to install whatever he wants."

        Why should microsoft be forced to bundle competitors' producs? What about regression testing, supporting bugs in those programs, etc?

    • by Realistic_Dragon ( 655151 ) on Monday March 15, 2004 @09:41AM (#8567923) Homepage
      I personally don't like Microsoft... but you have to ask yourself if Media Player is removed who is affected by this in a negative way?

      Microsoft. Oh, you meant in the short term? Possibly users. In the long term however this stops Microsoft being able to leverage their desktop monopoly into a format monopoly (where was .wma 3 years ago?) into a media player monopoly (where were .wma players 3 years ago? you can now buy windows only wma only players) into a net-broadcast monopoly (that you can only view with media player on an approved platform).

      In the long run it might be necessary to hurt consumers a little bit today to protect them tomorrow. Ideally the solution will involve forcing them to support a patent unencumbered license unencumbered format alongside (or instead of) wma to ensure they can't use their existing monopoly to destroy interoperability.
  • by Serious Simon ( 701084 ) on Monday March 15, 2004 @09:28AM (#8567794)
    Microsoft says Windows Media Player is an inherent part of the operating system and cannot be stripped out.

    Who are they trying to fool? When they said this about Internet Explorer I could imagine how this could be true, but what parts of Media player might be essential for other applications???

    • DirectShow is used by quite a few games to render their intro movies/music etc - maybe that is what they're referring to? You'd be surprised by how many programs expect even seemingly innocuous apps like Notepad to be present.
    • by I confirm I'm not a ( 720413 ) on Monday March 15, 2004 @09:41AM (#8567915) Journal

      IIRC, that's basically what the Commission said - right after RealNetworks demonstrated how to strip WMP from the OS. I'm amazed MS even bothered claiming it - I can only surmise that (a) they have non-geek lawyers or, (b) "we tried that lie with IE, and the dumb judge bought it, so let's try it again and see if we befuddle those dumb Euros".

    • I think what MS means is that a media player is essential for an "operating system". As another poster mentioned, every desktop OS comes with a multimedia application of some sort. For most people, one of the computer's main function is to play multimedia content. I, for one, wouldn't want to go through the hassle to download another multimedia player just to play some simple animations/sounds/music.

      This has probably gone a bit too far in restricting Microsoft's actions, though if you take in consideration
      • You wouldn't have to download a new media player - the Commission are looking at forcing MS to include competitors' players. The point is to give EU consumers a choice.

        • They already have a choice - they can download any other player they choose and let it take over as the default player.

          Its not MS' job to help everyone else get a foothold into the market. Its only MS' job to ensure they play fair, and I do not think bundling their own media player as an option for users to decide to use or not is somehow anti-compeitive.
          • by Dr.Zong ( 584494 ) on Monday March 15, 2004 @10:06AM (#8568140) Journal
            The other companies *did* have a foothold in the market, or maybe you are too young and brainwashed to remember the glory days.

            You're right it *isnt* MS's job to help out other rivals. But it is their job to keep their monopoly from crushing others. read: Anti-competitive tactics are a no-no.

            Problem is that once MS started bundling IE, WMP, etc. into the OS, it gave users little reason to go out and find another. They have done it with IE and were convicted of it in the States, albeit weakly. Once you have a single defacto player/browser/pick your software on the desktop, which a monoploy has created and abused, the end user, ie: mom and pop, have no need to go out and get another, forcing the rivals out of business or out of money. Don't forget, Microsoft no longer cares about IE. The only reason they care about WMP is that they are now trying to leverage the dominance into other markets such as digital distribution of movies and whatnot. That sir, is anti-competitive behaviour. I'm just glad the EU has the balls to do something about it.
    • by BroncoInCalifornia ( 605476 ) on Monday March 15, 2004 @09:54AM (#8568038)
      If Microsoft designed my car radio/CD player would be essential part of my car! If I remove the radio, the engine would not run.
  • by cybrthng ( 22291 ) on Monday March 15, 2004 @09:29AM (#8567800) Homepage Journal
    *EVERY* OS has had/comes with/includes a media player. It is a functional part of the OS to support the playback of audio/video sounds in everything from user-interface, alters, notifications and theme support.

    Heck, its even part of the mandated accessibility/disability acts for people who require audio/visual/tactile feedback.

    I for one preferr the free stuff then Real or even Quicktime.. atleast i don't have things popping up telling me useless facts (even after being disabled) or having mime type wars on my pc.

    I bought windows because it was easy.

    I bought linux and still do because it was powerfull.

    Each has there own use, but this has got to be the most retarded lawsuit i've EVER heard of.
    • *EVERY* OS has had/comes with/includes a media player. It is a functional part of the OS to support the playback of audio/video sounds in everything from user-interface, alters, notifications and theme support.

      I don't recall the name of the MSDOS 5 media player. What was it again?
    • err...first I think you'll find that it's not a lawsuit. The EU Commission is acting as a regulator setting conditions under which MS can trade in Europe.

      Second given the joyously weird system of European law, which combines different systems from 15 countries (soon 20 or more) and 2 different leagal traditions, I wouldn't bet on frivilous lawsuits actually being illegal.

      Which of course says nothing about the merits of the case.
    • by CmdrGravy ( 645153 ) on Monday March 15, 2004 @10:02AM (#8568117) Homepage
      "Each has there own use, but this has got to be the most retarded lawsuit i've EVER heard of."

      I think you've totally missed the point of this. Certainly I'm not arguing that basic sound support shouldn't be a part of an Operaring System but Media Player goes far beyond that, it is a fully featured Application.

      Other companies would like to sell these kind of applications to people and make money out of it however with MS giving it away for nothing to 90% of computer users they don't have hope of selling anything.

      You cannot buy Windows without Media Player, so you do not have the opportunity to compare it's price and value against other similar products.

      From Microsofts point of view the current situation is very nice for them; Media Player is installed on 90% of computer users PC's, Media Player uses it's own proprietry formats, downloading music is becoming big business - suppliers are very tempted to use Media Player formats because of it's market penetration, Microsoft can call the shots.

      From everyone else's point of view this is clearly a case of Microsoft using it's monopoly in the O/S system market to influence and gain control of other areas.
      • Windows Media is no longer a proprietary format. It's an open, but not free, standard just like MPEG-4. Anyone that pays a fee is free to implement it in any form they like (just like MPEG-4).

        http://www.microsoft.com/windows/windowsmedia/cr ea te/licensing.aspx
  • What about Apple? (Score:2, Insightful)

    by velkr0 ( 649610 )
    Why doesn't Apple get any heat for including iTunes, iMovie, iDVD, QuickTime, Safari, etc?

    (Just wondering other ppl thoughts, plz don't flame me... :)
    • by molarmass192 ( 608071 ) on Monday March 15, 2004 @09:39AM (#8567890) Homepage Journal
      ... because Apple is not a monopoly, period.
    • Apple are not a monoply. Even if they where, they'd have to be abusing that monoply before they'd run into problems.
    • by rlp ( 11898 ) on Monday March 15, 2004 @09:40AM (#8567905)
      Why doesn't Apple get any heat for including iTunes, iMovie, iDVD, QuickTime, Safari, etc?

      Because Apple doesn't control 90+ percent of the desktop. Because Apple isn't trying to leverage an OS monopoly into other market segments. Because Apple doesn't have a history of trying to "cut off the oxygen supply" to their competitors through use of monopoly.
    • Because Apple is not a abusive and convicted monopoly. They damn sure could be top dog if they sold the OSX interface for Linux as a product but they are not smart enough to see that. Not that I would run a OSX interface myself but I know a ton of people and schools that would.
    • For one thing, Apple has always been open to incorporating other people's products, until very recently they included both Microsoft Internet Explorer and Windows Media Player (strange to see it called that on a Mac)

      THey have also taken to unbundling some of these apps, if you want to get the latest version of iMovie, iPhoto etc and selling them as an iLife package. This means that you have to pay extra for them, but I guess that is the price you pay for non bundling, as I suspect Windows users in the EU a
    • Because you have a choice of which OS you want to run on a mac -- you have YellowDog Linux, OSX, and a host of others!

      uh.. what was the question?
  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Monday March 15, 2004 @09:36AM (#8567867)
    Comment removed based on user account deletion
  • by barenaked ( 711701 ) on Monday March 15, 2004 @09:42AM (#8567927)
    It is a good idea. It happened with IE and should happen with any other Windows endorsed products. There is no reason to ship them pre-installed. The argument that Linux do that is false because XMMS and The Gimp are seperate entities from the distribtuion.
  • "sanctions"? (Score:5, Interesting)

    by Mostly a lurker ( 634878 ) on Monday March 15, 2004 @09:44AM (#8567946)
    That would go further than the steps Microsoft had to take when it settled an antitrust case in the United States in late 2001.

    Not exactly difficult. The so called "sanctions" taken against MS in the U.S. were meaningless to the extent that most observers believe there was a secret backroom deal. Frankly, I cannot see what the Europeans propose having much effect on MS's monopolistic practices either.

  • by Realistic_Dragon ( 655151 ) on Monday March 15, 2004 @09:48AM (#8567979) Homepage
    WMA becomes widely installed, and is the default.

    People start recording their music as WMA.
    Companies sell in WMA (for the wide user base).
    Stations start broadcasting in WMA (ditto).
    People buy WMA devices.
    People are locked into WMA forever now their media is all in WMA form and they own WMA devices.
    WMA works best in Windows (and DRM WMA only works in Windows), and is a barrier to changing platforms.

    Profit. Monopoly extended and locked in, and entrenched in a totally new area. Desktop monopoly (and all the other monopolies that perpetuate it and are perpetuated by it) made more secure.

    THIS is why a bit of user convenience has to be sacrificed. Made media player (and all the other integrated stuff) come uninstalled on a second CD so that at least the user has to think if they want to use it.

    Otherwise they will expand their monopoly one niche at a time - desktop, office, server, media, handhelds, music players, gaming consoles, televisions, cars, watches, the whole world... untill it is too late to back out.
  • Kind of sad... (Score:5, Interesting)

    by bob670 ( 645306 ) on Monday March 15, 2004 @09:50AM (#8567995)
    that it takes the EU to reign in our rogue corporation, makes me sad the DoJ didn't go further.

    And I'm not sure why anyone would post that this isn't fair, if you can't see MS is once leveraging it's desktop monopoly to control yet another market, you are blind or at least obtuse. Do we really want another Netscape on our hands, it's taken 5 years for the likes of Mozilla, FireFox and Safari to revive browser innovation while IE 6 has remained a stagnant, insecure and non-compliant piece of junk. Killing competition in browsers hurt the web, although it will be years before the useless business analyst get around to acknowledging this. We don't want the same thing to happen in media players/codecs, instant messaging or a raft of other technologies. Time to stop MS now. And vote with your damn wallets, if you don't like what MS does then switch to Mac OS X or Linux and put your money where your mouth is!

    • by gidds ( 56397 ) <slashdot@NospaM.gidds.me.uk> on Monday March 15, 2004 @11:42AM (#8569095) Homepage
      if you don't like what MS does then switch to Mac OS X or Linux and put your money where your mouth is!

      If only more people actually did this! If even 10% of the people who complained about M$ actually did something about it, the software world would be a very different place. It's amazing the number of people who feel that they are a special case, that they have a particular special reason for not switching to something else. (Yes, in some cases those reasons are genuine, but I suspect laziness plays a large part in many.)

      I try to act on principle. I've only ever owned two pieces of M$ software, for example: one was the Psion Series 3 version of AutoRoute (which doesn't really count as it was written by a separate company that got bought out shortly before release; M$ dropped it soon after), and the Mac OS X version of IE (pre-installed; I keep it as a last-resort browser and use it every few months). It's not hard, really -- it's a pain when people keep sending me Word documents, but there are various workarounds even if people won't take the hint -- and I don't feel I'm making any great sacrifices. I just don't put following the crowd as my top priority.

      So, to all you people who use M$ software and complain about it: don't complain, STOP USING IT!

  • Standard oil (Score:5, Interesting)

    by IgD ( 232964 ) on Monday March 15, 2004 @09:50AM (#8568004)
    Looking back at history I'm thinking about Rockefeller and Standard oil. How is that situation any different from Gates and Microsoft? Standard oil was broken up by the government why shouldn't we do the same now to Microsoft? Its irrefutable that Microsoft controls software for the personal computer from the operating system, office applications to now digital media/rights. Even before the SCO/Microsoft fiasco it was obvious that Microsoft devoured its competitors to preserve its stranglehold on the industry.
    • Re:Standard oil (Score:5, Interesting)

      by EvilTwinSkippy ( 112490 ) <yoda.etoyoc@com> on Monday March 15, 2004 @10:09AM (#8568167) Homepage Journal
      The long and the short of it. Rockefeller controlled tangible things: Railroads, oil rigs, distribution centers. Microsoft exists soley as a bunch of really restrictive contracts. It has mind-share going for it, and that is about all.

      Computer can and do run without Microsoft. They are a brand. A company can decide, at will, to no longer purchase Microsoft.

      Now, a good deal of that has more to do with anti-trust tussels between the DOJ and Microsoft in the past than a lack of trying on Microsoft's part.

      The legal puzzle is thus. Microsoft is de-facto standard. People equate their crap with computers. To the mundanes out there Microsoft is to computers what gas is to cars. They have done a tremendous marketing job. You really can't build a case based on consumer buying habits. People do choose to buy Microsoft Products. It may not be a particularly wise choice, or even an informed choice, but the path to destruction is often wide and well paved.

      Courts are loathe to step in and tell the average man how to live their life. Where Microsoft does get into trouble is in their dealings with computer makers. One of the things to come out of the Seatlement was that Microsoft was not longer permitted to have a different pricing structure for each supplier. Nor were they permitted to charge a license fee for every computer produced, whether or not windows ships with it.

      As for Microsoft's stranglehold on industry, at this point it's more like those hitchiking seeds that velcro themselves to your trousers after a walk through the woods. There are a bunch of reasons people cling to them, all annoying, and all easy to pick off one by one.

      Microsoft is the architect of their own destruction. They spend their time polishing shiny things, rather than sitting down and hammering out reliable products. By reliable I mean something that runs for 3 or more years without having to be completely reformatted and re-built.

    • Re:Standard oil (Score:3, Informative)

      by pkaral ( 104322 )
      Standard oil was broken up by the government why shouldn't we do the same now to Microsoft?

      Try: "We" don't have the jurisdiction. Otherwise I totally agree with you. So does The Economist, which in 1999 wrote:

      --------------
      [stuff deleted]

      The Road Ahead

      So what should Mr Klein [the judge in the US Microsoft case] suggest? His starting-point must be that any action should provide consumers with choices they do not have today, and also stimulate innovation that would have otherwise been chilled. One pote
  • Has anyone ever thought about making MS open their windows update functions to their competitors?

    Unbundling is useless if you are forced to download eleven and twenty patches after installation and media player looks like one of them.

  • by Anonymous Coward

    you think MS will reduce margins if they get fined or will they pass that cost to the customer either indirectly (format lockin/upgrades etc) or directly via product price increases ?

    doesn't really take a MBA to work out what they will do, fining them will not punish them at all, especially with the worlds richest people at the helm.

  • Perhaps Microsoft's heavy-handed tactics against Lindows in Europe (and everywhere for that matter) will not go unnoticed by the European courts and/or regulators...
  • by Realistic_Dragon ( 655151 ) on Monday March 15, 2004 @09:54AM (#8568041) Homepage
    This example was written about Office, but it's relevant to this argument:

    Say that Office was a seperate company to Windows.

    Office the company would see that making their product available on every platform would make them more money. Thus it would be so. Windows the company would have no incentive to build in special APIs for Office. Office would compete on it's merits and so would Windows, and competition COULD and WOULD exist effectivly in the marketplace.

    Now, say that Office and Windows are made by the same company.

    Office would by and large see that by making their product only available for Windows they would make less money but it would be worth more because every copy sold would also sell a Windows license. Windows wants to make sure that everyone who buys Windows chooses office so they do what they can to make it seem to run faster, better etc. Consumers get screwed by lack of choice.

    (Obviously Office is also available for Mac, but this is due to historic pre-monopoly reasons. The same decision might be made today, but only to dodge having the AntiTrust people looking at them too sharply. If Office had been split off from Windows it would likley be available on IRIX, HPUX, AIX, Linux, BSD etc today as well as Windows and OS X.)
  • by OwlWhacker ( 758974 ) on Monday March 15, 2004 @09:56AM (#8568060) Journal
    I've said it before, and I'll say it again:

    Microsoft should not be allowed to sell Windows with any additional apps whatsoever.

    With Linux you have different distributions, why can't Windows work on the same principle?

    You don't get Mandrake saying "Oh, we're not going to put into our distro, why should we put other people's apps in our distro's?"

    The whole point of distributions is that you get loads of apps from loads of developers, and you get to select exactly what you want from the best available apps.

    Having Windows distributions is the only way I see of overcoming Microsoft's anti-competitive monopoly.
  • by Anonymous Coward on Monday March 15, 2004 @09:57AM (#8568064)
    Given that Microsoft is a large American company, this European anti-trust process could certainly be seen as partly political. Just think of the new era of non-cooperation, tit-for-tat, economic retaliation, etc. in the wake of the split over the U.S. invasion of Iraq.

    Unfortunately, this means the Bush administration is likely to line up squarely behind Microsoft on this issue ("we can prosecute them for anti-trust, but I'll be damned if those French bastards are gonna get away with it"). Even if the goal of the European action is entirely admirable, say, they want to improve competition and open up standards, the administration will for political reasons end up opposing it.

    This will result in them doing spiteful things that tend to favor proprietary software and disfavor Free software.

    I guess it's not surprising that powerful people will oppose anything that lessens the control they have over others.
  • by GarbanzoBean ( 695162 ) on Monday March 15, 2004 @09:57AM (#8568067)
    Whenever you visit the Microsoft webpage (windows update), they will have a video of how to install patches. This video will be only available in media player format. A few other pages on the web like this (through partnership) and it will not dent the "market share" one bit.
  • by greppling ( 601175 ) on Monday March 15, 2004 @09:59AM (#8568083)
    I don't understand why antitrust sanctions always focus on the application-bundling issue. I would find it much more useful if MS was forced to play nicely with respect to interoperability. (Yes, it's mentioned in TFA, but only in very specific cases.)

    If I were the dictator, MS would be forced to document the file formats it is using (including all WMV formats, of course), all network protocols, and to provide sufficient NTFS documentation so that I can finally can mount /dev/hda2 with read-write soonish.

    • by gidds ( 56397 ) <slashdot@NospaM.gidds.me.uk> on Monday March 15, 2004 @12:28PM (#8569566) Homepage
      In theory, that's a great idea. But it would be hard indeed to force them to reveal enough to be meaningful.

      They'd have to release the formats/protocols at least six months or so before releasing the software, to prevent other developers playing continual catch-up. (Without changing them in the interim, of course.) And they'd have to be prevented somehow from hiding details that might allow subtle incompatibilities, later lock-in, or other preferential treatment. Ideally, they'd be made to release an open-source reference implementation, too.

      And they'd have to show that implementing the protocol or using the format didn't infringe any patents -- not just that a patent-free method was available, but that M$ couldn't use a better, patent-encumbered method unavailable to their competitors. And that they couldn't file such patents in the future.

      And so on. Time and time again, companies have learned that you can't play M$ on their own terms and break even, let alone win. They've learned a whole battery of techniques to steal an unfair advantage. And blocking them all is no easy task.

  • by NZheretic ( 23872 ) on Monday March 15, 2004 @10:04AM (#8568123) Homepage Journal
    A plea for relief from Microsoft's escalating anti-competitive tactics. [blogspot.com]

    An open letter to antitrust, competition, consumer and trade practice monitoring agency officials worldwide.

    The role of trade practice and antitrust legislation is to provide the consumer with protection from abusive business practices and monopolies. In one of the most serous cases of monopolization in the information technology industry, the agencies charged with protecting the competitive process and the consumer have utterly failed to stem the offending corporation's anti-competitive practices.

    The Microsoft corporation has been under continuous investigation by antitrust policing agencies since 1989. Despite this scrutiny, the Microsoft corporation, using covert and overt anti-competitive business tactics, has maintained an unabated campaign against alternatives to Microsoft Windows operating system platforms and Microsoft applications.

    For years the Microsoft corporation has earned around 70% to 80% net profit from sales of its operating systems and application software. Only in areas like Thailand where Linux on the desktop has just begun to gain a foothold has Microsoft stated that it will release versions of its operating system platform and application software at a lower price to Original Equipment Manufactures (OEMs) and retail consumers than is available in the rest of the modern world. Consumers benefit where real competition exists.

    The world desktop operating system market remains predominantly monopolized by Microsoft. Over the last decade, Microsoft continued to lever its desktop platform monopoly to the point where it now holds a dominant position worldwide in the application office suite and web browser software markets. On its own, the current USA Department Of Justice (DOJ) settlement with the Microsoft corporation has failed to bring about any restoration of serous competition to the desktop operating system market. Microsoft continues to use similar anti-competitive business tactics in an attempt to monopolize the digital media player and the desktop services server markets. Competing vendors increasingly find that they can no longer compete with Microsoft if they limit themselves to only the traditional closed source model of software development.

    In the last six years information technology vendors have adopted techniques and resources from two existing movements geared toward the construction of software. The newer open source movement, represented by the non-profit Open Source Initiative (OSI) corporation, emphasizes the licensing of software in a manner which encourages its collaborative development in an open environment. The older free software movement, represented by the non-profit Free Software Foundation (FSF), focuses on the ethical issues surrounding the licensing of software. The free software movement emphasizes freedoms which are often taken for granted outside of the field of software: the freedom to use, study how something works, improve or adapt it and redistribute.

    The Free Software Foundation offers two software license schemes which are compatible with their own goals and those of the Open Source Initiative: The GNU General Public License (GPL) and the GNU Library General Public License (LGPL). Essentially, the GPL and LGPL licenses grant the recipient extra rights than that granted by copyright law. Both licenses insure that a contributer or distributer of a GPL or LGPL licensed work may not further impede downstream recipients the rights granted by the same license. Many developing software in an open source manner have realized that this benefit offered by the GPL and LGPL licenses outweigh any potential losses. The licensing also insures that no contributing or distributing vendor or group of vendors could potentially monopolize the market, insuring that real market competition dictates price. Just as the automotive industry can commonize on standards for the production

  • What is to come (Score:5, Insightful)

    by mauddib~ ( 126018 ) on Monday March 15, 2004 @10:06AM (#8568141) Homepage
    I see alot of fellow slashdot posters slamming on "Why only WMP?". Well, the outcome of this sanction is wider than WMP alone, much wider. It will leverage future sanctions on other software bundled with Windows in speed and decision power. By taking this case as an example, it will become much easier to make sanctions against other monopoly misuse. That is what the real power of this decision is all about.
  • appeals (Score:4, Insightful)

    by harumscarum ( 675595 ) on Monday March 15, 2004 @10:07AM (#8568150) Journal
    Microsoft has an appeals process and will likely get an injunction against enforcement while they pursue said appeal, which may take years.

    So for now just speculate and pretend MS will have to abide by the sanctions. By the time the ruling does take place users will be familiar enough (if they are not already) with WMP that it would be hard for anything to take its place. If a user has purchased any addins for WMP it is unlikely for them to prefer another player. Personally I think this is more of a burden for the users because they will have to find the newest WMP to download then its 4-5 patches.

  • by holy_smoke ( 694875 ) on Monday March 15, 2004 @10:08AM (#8568155)
    I think its great that Microsoft includes basic functionality like a media player, word processor, calculator, internet browser, etc.

    I hope that we all realize that the PROBLEM lies in preventing the uninstallation of said items without "crippling" the OS.

    I think MS should be allowed to include whatever they want, as long as the no-install/uninstall option is there and its real (as in really uninstalls the files, not just "hiding" them).

    Why can't Microsoft see how easy it would be to fix this? But then again, that sort of tunnel vision is what has gotten them into the hot water they are in.
    • Because these things do more than you might think, and are more integrated than you might think. Media player itself is just an interface, that calls the actual audio/video playback engine. That's why a program like Media Player Classic can playback all the formats of WMP with such a small size: it's just another interface (with less garbage). Well there's lots of stuff that relies on this engine being present. Games use it, DVD playback software, consumer and pro audio software, video editors, etc. All of
  • API availability (Score:5, Interesting)

    by motown ( 178312 ) on Monday March 15, 2004 @11:06AM (#8568741)
    The advisory committee is expected to approve a remedy requiring the U.S. firm to share more of its protocols with rivals, charging a reasonable royalty. It will be left to Microsoft to work out the precise solution, with close oversight by the Commission, the sources said.

    If Microsoft is still allowed to demand royalties for sharing API's and protocols (no matter how 'reasonable'), the sanctions will still be useless to Open Source and Free Software developers. What good is this to the SAMBA team? And you can forget about Red Hat finally adding NTFS-compatibility to its distributions! >:(
  • by Anonymous Coward on Monday March 15, 2004 @11:28AM (#8568955)
    What exactly is the purpose of a fine for a monopoly such as Microsoft? Does the EU think that the money is going to come out of the pay of top MS executives?
    Of course not. Any financial penalties will just be passed along to the customer, as usual, who in this case does not have a choice due to the monopoly situation.

    More interesting is what the EU will plan to do with the penalty money? Invest it in open source, require open file formats and standards?
  • by Rogerborg ( 306625 ) on Monday March 15, 2004 @11:39AM (#8569062) Homepage

    Option 1: Windows XP with Media Player, 99 Euros.
    Option 2: Windows XP without Media Player, 99 Euros.

    Retail purchasers and OEM licensees will be completely free to choose either version.

    No, this is not a joke. If the EUC think this is too obvious to mention and prohibit, they are in for a rude awakening.

  • by MrNemesis ( 587188 ) on Monday March 15, 2004 @12:29PM (#8569573) Homepage Journal
    I'm a typical geek who builds custom computers for people preinstalled and preconfigured with their choice of software, and most of my clients opt for Media Player Classic rather than WMP as their default video playback thing, as far as video goes. I'm not an OEM by any means (I've only built about a dozen computers), but I'd love if customisable installs would filter down to the end users.

    For those of you who don't know, Media Player Classic is an open source clone of Media Player 6.4 (the default media player shipped with Win2k), and (with the right codec libs installed) will play DVD's, avi's, wmv's, ogm's, Real and QT streams. Very nice clean and easy to use interface, and hooks into standard DirectShow codecs, none of the irritations of WMP/Real/QT, and completely free (thanks Gabest!), although donations are always welcom I imagine.

    Being able to completely replace WMP with MPC would be a dream come true for me, and my clients. The only thing that worried me is that MS would take their ball home, and if made to remove Media Player they would probably cripple DirectShow to such an extent that I'd have to install WMP in order to get my codec libraries to work.
  • by ClosedSource ( 238333 ) on Monday March 15, 2004 @12:31PM (#8569599)
    Get used to disappointment.

    As in the US antitrust case, these sanctions are remedies based on a false set of assumptions so the end result will not make anti-MS zealots happy.

    In both cases, the legal efforts were driven by competitors who wanted to rub something, anything in Bill's face. They were hoping that they'd be able to break MS up, but failing that, they were left with remedies that don't mean much.

    In the US case, for example, were Sun or Oracle really held up in their competition against MS because of secret API's? Have they added any new functionality to their products based on the new information?

    In the EU case, forcing MS to provide a Media-Player-free version of Windows is unlikely to have a substantial impact on MS's market share in Europe. Just as the claim that IE was going to allow MS to take over the Internet turned out to be specious, so will similar claims for Media Player.

  • by xutopia ( 469129 ) on Monday March 15, 2004 @12:56PM (#8569893) Homepage
    seriously what is the real issue here? Closed, proprietary formats. None of the unbundling will change the fact that people with Windows will have a system hostile to interoperability.
  • What's next? (Score:3, Interesting)

    by Oloryn ( 3236 ) on Monday March 15, 2004 @05:51PM (#8573140)

    I noticed for the first time the other day that WinXP bundles CD-R burning functionality. I wonder how long until the makers of software like Nero start finding their market disappearing because the functionality that their software provides is now bundled into Windows already?

    I wonder what other markets M$ is on its way to kill in the same way?

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