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EU Says Microsoft's Abuses Are Ongoing 561

levell writes "Although the legal difficulties Microsoft was having in the US seem to be drawing to a close, it's not yet over in the EU. In this story, the BBC reports that the EU says it is still abusing its monopoly with Windows Media Player, and perhaps more interestingly from a Linux point of view, also in the low-end server market. The story is also being covered on CNN, Ananova, Reuters, etc." The EU's press release is informative.
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EU Says Microsoft's Abuses Are Ongoing

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  • about time (Score:5, Funny)

    by freedommatters ( 664657 ) on Wednesday August 06, 2003 @09:48AM (#6625098)
    it's about time the EU did something about this. i'm presuming they wanted to wait until the US actions were more or less finished before they jumped in. then again, knowing the EU, it's probably just taken them this long to write the proposal (and have it seconded, translated, amended, seconded, yada).
    • by boogy nightmare ( 207669 ) on Wednesday August 06, 2003 @10:06AM (#6625226) Homepage
      oh yeah cos the American Legal system is soooooo super fast....

      its more like watching the European System in Bullet Time (TM) :)
    • Hello folks,
      there are two different issues here, which got intermingled with the usual religious war.

      Issue # 1: Can the European Commission act as it is doing?

      Reply: yes, simply because the EC Treaty explicitely empowers it to do so, and naturally, also provides remedies to challenge any Commission decision (taking the case to the European Court of Justice). It can levy a substantial fine too. End of story-no further soul searching required on this branch.

      Issue # 2: Is it (ethically, financially, politic
  • Wow (Score:3, Funny)

    by gazbo ( 517111 ) on Wednesday August 06, 2003 @09:49AM (#6625099)
    A YRO article that has nothing to do with your rights online. Actually, this comment is -1 redundant, as clearly there never has/will be a YRO article that does what it says on the tin.
  • Why wasn't MS split? (Score:5, Interesting)

    by Viewsonic ( 584922 ) on Wednesday August 06, 2003 @09:52AM (#6625117)
    If you look at all their branches, they're all being funded by the OS sales alone. Everything else is losing money by the bucketload, only to maintain a monopoly dominance in the market by doing so. Giving away close to, if not free software at a huge loss on purpose to be supported by a completely different division is absurd.

    They need to be split, and now. Just my opinion...

    • by sebmol ( 217013 ) <.sebmol. .at. .sebmol.de.> on Wednesday August 06, 2003 @09:54AM (#6625140) Homepage
      Actually, both the OS and the Office sales are the true cash cows for Microsoft. The bundling of software for free to eliminate competition on the other hand is not legal.
      • by SgtChaireBourne ( 457691 ) on Wednesday August 06, 2003 @10:32AM (#6625424) Homepage
        Actually the media format is about as harmful as the bundled app -- you need WMP to read the file format, you need MS-Windows to run WMP, and you need License 6 to run MS-Windows [hevanet.com].

        No chance of any competition in that model. Ever.

        A big danger is DRM being added into the chain, then Microsoft would have 100% say over who makes files, who reads files, when and where they can read files, and who can make programs that read, write or modify files. And just to make the lock-in complete, 100% control over determining the life span of the file format. No more 100 year old archives.

        If the EU starts down that path by using encumbered file formats, it steps on the rights of countries where access to government information is a constitutional right. Sweden and Finland are two such countries where information has been open by default as part of the constitution. There may be other countries, but even countries with weaker freedom of information need to use open formats.

    • Let me get this straight... you want MS to stop giving away bundled software for free so competitors (many of whom are free..i.e.Open Office [openoffice.org]) can compete? Where's the logic in that one?
      • by Jucius Maximus ( 229128 ) on Wednesday August 06, 2003 @12:06PM (#6626254) Journal
        "Let me get this straight... you want MS to stop giving away bundled software for free so competitors (many of whom are free..i.e.Open Office [openoffice.org]) can compete?"

        The bundled microsoft software tried to force you to use their codecs and their 'standards' which are not interoperable. Their 'free' programs cost a lot more than nothing in the long run because they lock you into their world. Those free tools from competitors are often interoperable. (Realplayer is an exception, I use realplayer as often as I use WMP, which is 'never.') You can get the source to OpenOffice and make your own program that reads and writes the format.

        We're not complaining about the bundling itself, we're complaining about the fact that the bundling forces hordes of unknowing users to be locked into a microsoft world. If MSFT's free tools worked with open standards, there would be no complaints.

        This is why MSFT's 'radio' argument is invalid. They said that nobody claimed that auto manufacturers were uncompetitive because they 'bundled' a certain type of radio with their products, so why is MSFT being hounded? The answer of course is that a bundled Ford radio does not force you to listen only to radio stations that paid for a 'Ford FM Radio Transmitter license'.

  • It would be funny (Score:4, Interesting)

    by Anonymous Coward on Wednesday August 06, 2003 @09:52AM (#6625123)
    if MS had to cease Eurpoean operations like SCO did. It would cause them to lose a huge chunk of sales and cause their stock to sink like a rock. In addition, US companies with European branches may become wary of buying from Microsoft, hopefully allowing its competitors to gain some ground lost by MS abusing its monopoly.
  • by jav1231 ( 539129 ) on Wednesday August 06, 2003 @09:53AM (#6625129)
    Microsoft continues anti-trust practices! We now take you to your regularly scheduled program. GO EU! JAV
  • by flea69 ( 667238 ) on Wednesday August 06, 2003 @09:53AM (#6625130)
    Italy, Spain, and Britian want to bomb Redmond, sightings concerns for world security and the fact Gates may be building WMD's. France and Germany would like negotiations to continue and use UN inspectors to search/inspect Microsoft facilities.
  • by Anonymous Coward on Wednesday August 06, 2003 @09:55AM (#6625150)
    Well, my 17" TiBook runs loops around Microsoft, all without violating anti-trust laws! Sure it costs $3400, but its performance is on par with a $859 Dell notebook! And don't get me started on its thinness and sleakness! Sure it's huge and unportable, but at least it's thin! Thank god Apple realizes that thinness is a far more important feature than performance!

    Do you know what the best thing about OS X is? It has all the features that Windows has, including a built in browser and media player, but it's not considered to be anticompetive! Why? Because it doesn't have as much market share, and Apple is the "little guy"!! Yay! Yay! Yay! GO APPLE!
  • by JaredOfEuropa ( 526365 ) on Wednesday August 06, 2003 @09:57AM (#6625162) Journal
    Microsoft will have to pay a fine of tens of millions of dollars if it does not implement the remedies.

    Big freaking deal

    They'll just shrug, pay the fine, and continue as before. Or will the EU undertake further actions against MS, if they persist in these practices even after paying the fines?
    • by Inf0phreak ( 627499 ) on Wednesday August 06, 2003 @10:05AM (#6625214)
      Think more like: "Pay X Euro per day until you have fixed the problem or stop selling your wares in EU." And if they go for long enough without fixing it, then I don't think there is anything stopping EU from raising the daily fines if they think that MS has chosen to just accept the fines as a cost of doing business in EU.
    • by jd ( 1658 ) <imipak@ y a hoo.com> on Wednesday August 06, 2003 @10:07AM (#6625230) Homepage Journal
      Likely, they'll take further action. The EU is like a semi-comatose drunk. Left sleeping, it does little. But get it riled up, and nothing's safe.


      If Microsoft are found guilty, penalize, and then perisist, they may well be prohibited from trading in Europe completely. The EU has the authorization to demand a complete blockade of a given company's products from all member nations, and has the power to restrict trading to any nation that does trade with them.


      (The US got nervous with EU privacy laws, for this reason, as the EU made it very clear they'd embargo any nation that bought or sold personal information without strict privacy protections being in place. I think that actually ended up in a small trade-war, for a while.)

  • by MosesJones ( 55544 ) on Wednesday August 06, 2003 @09:59AM (#6625176) Homepage
    The EU represents the 2nd largest trade area on the planet, and can fine companies who wish to trade in the EU who break competition rules in the EU. And when people next go "that won't hurt MS" remember that the fine is proportionate to the market and the level of control.

    So how about a fine equal to the sales over the period of the infringement. And restrictions on the sale of MS products.

    And the best bit is that the EU actually has a spine here as its a great chance to piss of a US company, which lets face it they are hardly going to resist.
    • by MSBob ( 307239 ) on Wednesday August 06, 2003 @10:05AM (#6625218)
      EU is the largest free trade area in the world. Both in terms of population and overall GDP.
    • by twitter ( 104583 ) on Wednesday August 06, 2003 @10:28AM (#6625383) Homepage Journal
      ... a "must-carry" provision, whereby Microsoft would be obliged to offer competing media players with Windows. Both solutions seek to ensure that consumers have a fair choice as regards media players.

      That one is good punishment. Because they abused their low end desktop monopoly, force them to buy their competitor's media players and include them all without charge. Ogg Vorbis could set a reasonable price for prcompiled binarys, I'm sure. Everyone but Microsoft would win.

      More than that, I like their reesoning about leveraging. It was as simple to prove as asking people buying low end servers for their low end desktops if "interoperability" and secret interfaces made a difference in their purchasing. Bingo, nothing meritorius there, just a bunch of crap they won't share and a dominant market position.

      The proposed solution, to force M$ to open up their interfaces is great stuff. Less time would have to be dedicated to deciphering their crap. I wonder if they can force NTFS open too, after all the inability to write to the file system is a hinderence.

      M$ may try to wriggle out of this by making EU only software that plays nice, but they won't get far. They can not escape the black eye solid reasoning is giving them. Solid reasoning from impartial parties and published with all the resources of a large govenment.

      It's just more reason to ditch M$ all together. Who needs a low end desktop anyway? That would be the best thing of all.

    • Yes, it's true that the EU has the authority to determine how large the fine should be. They could levy a fine so large even Microsoft wouldn't be able to pay it. However, if the EU has to be fair in setting the amount of the fine, or it could result in "payback" in the form of the US fining EU companies outrageous amounts of money. The EU doesn't want to be seen as deliberately trying to kill or hurt the competitiveness of a major US corporation that employs tens or hundreds of thousands of people not j
    • Infact the maximum fine the EU can impose is 10% of world [not just EU] turnover. The reason it is world turn over is to stop some companies saying they have no turn over in the EU yet still trade there and cause offence (AOL up to a month ago was an exanmple of a company who claimed no EU turnover (A VAT dodge)).

      James
  • Go EU! (Score:4, Insightful)

    by Crow_T_Servo ( 690247 ) on Wednesday August 06, 2003 @10:01AM (#6625190)
    Thanks to the 'wonderful' computing monoculture that has developed, we are at the mercy of the Redmond monster. So what if the EU fines them, they have $50 billion (US) in the bank to deal with such 'troublesome quarrels'.

    The only way the beast can be stopped is a change in technology, such as the way IBM was finally put down (thanks to a creature of their own development, no less).

    It isn't Microsoft that's initially to blame for this monoculture, it's the massive numbers of PHB's who subscribe to the 'Nobody ever got fired for buying Microsoft' (or IBM in the old days) mentality that permeates IT purchasing.
    • Re:Go EU! (Score:3, Insightful)

      If the prospect of losing ground on the Russian market was enough to cause Microsoft to show its source code to Russian government representatives (aka. intellegence officers searching for NSA backdoors) I hardly think that Microsoft will be sending the EU any obscene gestures. Every time Microsoft steps on the EU commissions tail it strains the Europeans patience with Microsoft which is already wearing thin, they don't like MS and most of all they don't trust it. Any lack of compliance might have the effec
  • Curious (Score:3, Interesting)

    by chrisgeleven ( 514645 ) on Wednesday August 06, 2003 @10:01AM (#6625192) Homepage
    In theory, how much control does the EU have over Microsoft? I know they talked about separating WMP from Windows or bundling other media players with Windows. Could they force Microsoft to take even more drastic measures (such as breaking up the company's overseas operations)?
    • Re:Curious (Score:4, Insightful)

      by perly-king-69 ( 580000 ) on Wednesday August 06, 2003 @10:08AM (#6625237)

      In theory, how much control does the EU have over Microsoft?

      If they want to trade in the EU you have to observe EU (and member states') laws. Simple as that. If you're guilty of something you'll have to pay the fine, then adjust your working practices so you come into line.

      Might this mean Windows EU edition?

  • by stratjakt ( 596332 ) on Wednesday August 06, 2003 @10:03AM (#6625206) Journal
    No it isn't.

    It's vague and makes a few general allegations, but provides not even a hint of specifics or proof.

    An overwhelming majority of customers responding to this market enquiry highlighted that Microsoft's non-disclosure of interface information - necessary for competing servers to properly "talk" with Windows PCs and servers - did indeed artificially alter their choice in favour of Microsoft's server products.

    To "talk" with windows PCs? Huh? You mean SMB? ODBC? DCOM? Oh wait, those are all known.

    They must be talking about ActiveDirectory, right? That's more of a nice new feature than a necessity for business. Will it be the case that every new feature MSFT comes up with must be given away to all?

    The Media Player thing is stupid too. It's already "uncoupled" from the OS. You need not install or use it, they even made a special little control panel applet to "uninstall" it. If someone made a better media player, I'd be using it right now.

    If the EU wanted to actually make a difference, and not headlines, they'd push linux in their own governments. THEY set the standard everyone follows. People use excel, word and access because that's what the federales use.

  • Microsoft may... (Score:3, Interesting)

    by Cackmobile ( 182667 ) on Wednesday August 06, 2003 @10:08AM (#6625236) Journal
    be able to survive one attack but multiple attacks may fell it. Maybe Asia can go next.
  • by SmallFurryCreature ( 593017 ) on Wednesday August 06, 2003 @10:10AM (#6625255) Journal
    I mean sure under windows you got to install them since none of them make their codecs available seperate from the player.

    Mplayer for linux of course comes with all the codecs but windows users gotta install the fucking players with all their spyware and bloat.

    But I then imidiatly install someting like Bsplayer (fast opening from linux shares) or Media player classic (good fullscreen controls and no osd crap). I think all of the three mentioned players are worse then crap, the orginal windows media player was okay but lately they all seem to go out of their way to obfuscate the simple playing of video files.

    I had hopes for the Helix project from realmedia, hopes that you now could simply get the codecs. This however doesn't seem to have happened.

    Am I the only one who finds it slightly odd that these companies attempt to charge money twice? Once to the encoder (content creator) and once more for the player (consumer)? In the real world you only get to charge once for a product. Imagine that Shell said Ford had to have a license to use their fuel. Or that Bridgestone came to youre house for payment for the tires that came with youre car.

    Oh well, serves me right for still having my main machine run windows I suppose. (everything else is linux but I love my games to much)

  • Less talk, ... (Score:3, Interesting)

    by burgburgburg ( 574866 ) <splisken06@@@email...com> on Wednesday August 06, 2003 @10:10AM (#6625264)
    more legal action. Now. How many times does the dancing monkeyboy have to go right in the middle of the carpet before someone will rub his nose in it?
  • WMP? (Score:5, Funny)

    by Hieronymus Howard ( 215725 ) on Wednesday August 06, 2003 @10:17AM (#6625310)
    Will their inspectors actually be able to find WMP?

    HH
    --
  • by Alkonaut ( 604183 ) on Wednesday August 06, 2003 @10:19AM (#6625319)
    They make a desktop os and include a media player, and a web browser. Surely, you can't uninstall the media player or browser easily, but what is the problem with that?

    I can use mozilla as my (default) browser if I want to, or play mpgs per default with quicktime. If red hat had a monopoly-like market share, then shipping a free media player (the KmovieKplayer 9) would be monopoly abuse because it would limit sales of 3rd party media players?

    And if microsoft would have media player on a separate download/cd people would buy Real's player? Even if microsoft would give it away? Or can't they give it away because that too is monopoly abuse? Is the "abuse" from microsoft really caused to any major extent by "features" in their products? Don't think so...

    Did that sound pro m$? I better put the flameproof suit on.

    • simple mind. (Score:4, Insightful)

      by twitter ( 104583 ) on Wednesday August 06, 2003 @12:08PM (#6626270) Homepage Journal
      Surely, you can't uninstall the media player or browser easily, but what is the problem with that?

      Actually, if your code is properly modularized there's not problem removing a browser a media player a GUI or any other component. The problem is that M$ has spagetti codeded their dinky browser so their computers won't even boot without one. I'd say that limits the usefulness of the OS. People who would like to use it as a server platform with they could turn off most of these "features" aka services in the free world.

      I can use mozilla as my (default) browser if I want to, or play mpgs per default with quicktime.

      That's very hard to do and Microsoft takes every chance to undo your preference. I know, I tried with Windows 2000. I wanted to look at a CD with Portable Net Graphics and AVI movies on it. IE flunked both, Mozilla worked flawlessly. IE did not make Quicktime it's prefered viewer and WMP would not display PNG of AVI. That's pathetic because AVI is M$ format closely related to WMP formats and PNG is an openly published format. Mozilla was not the default browser and keeping it up to date is like hell on an M$ box. Just getting Mozilla requires a broadband connection, and knowledge you are unlikely to have in the Windoze world.

      If red hat had a monopoly-like market share, then shipping a free media player (the KmovieKplayer 9) would be monopoly abuse because it would limit sales of 3rd party media players?

      No, Red Hat does not have a dominant market position and Red Hat can not prevent others from using Kmovieplayer or any other free software anyway they would like. Microsoft has both of these.

      if microsoft would have media player on a separate download/cd people would buy Real's player?

      Real used to have a dominant makret position.

      Did that sound pro m$?

      No, just ignorant. A typical Astroturf troll at worst.

      I better put the flameproof suit on.

      Don't bother.

      • Re:simple mind. (Score:4, Insightful)

        by TheAwfulTruth ( 325623 ) on Wednesday August 06, 2003 @12:46PM (#6626605) Homepage
        MS software IS properly modularized. People's usual conception of the archetecture is hopelessly invalid.

        IE CAN be removed. The Rendering engine can't because it is used BY the OS for many things. Including showing you the contents of your HD (Gee just like KDE!) and whowing you your help files. That is true componetised, object oriented design.

        But most people when demanding that "IE" be removed think that the GUI "IE" and the HTML rendering engine are the same thing and want BOTH gone. That is NOT possible.

        Now who sounds ignorant? (Hey you started the name calling)

        As for real, if their player had not been such an ad spam piece of crap they might have not lost their "position". It's the quality and abusiveness of their product that killed them, just like 4.0 version of the Netscape browser killed Netscape oh so many years ago.

        Too many people are quick to blame "monopoly" for what is more obviously a case of Shitty Vs Not As Shitty... Not as shitty wins.

        I'll take WMP 9 over QT and Real any day because of its quality. I also use WMP to view DivX files as well as the DivX player is also a giant piece of crap. But at least DivX plays nice with the windows media system and allows you to use ANY player to play DivX media files. Unlike QT and Real which try to lock you into a single player (Theirs, suprise, suprise)

        I have all three installed so I can see any media I DL, but the QT player and the real player are both POS and I hate having to use them because of their terrible design and abusiveness.

        Companies like real put themselves out of buisness with their crap. Not the other way around. THey could have had their own player AND integrated into the windows media system AND still had their own streaming server product. But NO, they had to try to take it all themselves, well as a user, I say "fuck 'em".
  • Size of the fine... (Score:5, Interesting)

    by Cally ( 10873 ) on Wednesday August 06, 2003 @10:24AM (#6625361) Homepage
    The interesting thing about the forthcoming EU fine (they're _not_ going to escape it at this stage) is that they've got a history of setting the size of the fine at levels commensurate with the wrong-doing and size of the company concerned. In the case of Microsoft, this could well mean more than a billion dollars.

    • by azzy ( 86427 )
      I think I read the maximum they can fine is 10% of worldwide operations. And they usually fine at 2%. This puts the max around $3.2 billion (according to what I read). And so 2% would be a little under $1 billion.
  • WMP file formats (Score:3, Interesting)

    by amcguinn ( 549297 ) on Wednesday August 06, 2003 @10:41AM (#6625491) Journal

    The only anti-competitive Microsoft action that is relevant to this is keeping secret the file and streaming formats used by Media Player

    I don't believe the EU really wants those opened, as this would hurt DRM, which the EU is generally sympathetic to.

    There is nothing wrong with including a media player in an operating system, any more than including a file browser, or a set of printer drivers. If they were operating a "Windows ain't done till RealPlayer won't run" policy that would be different, but I've not heard that alleged.

    Microsoft's real offenses are, as ever, in the fields of dishonest marketing FUD and putting pressure on third parties to disfavour competitors. Most of which is quite likely to be technically legal, at least to the extent that can be proved.

    I fear this move is motivated by a general US-bashing sentiment rather than any sincere grievance. While it is possible that Free Software could benefit as a side effect of a transatlantic trade war, the costs would probably outweigh the benefit.

  • by ClubStew ( 113954 ) on Wednesday August 06, 2003 @10:43AM (#6625511) Homepage

    Microsoft bundles things like IE and WMP so users have a browser and media player when they install their own OS. Taking them out is not the solution, since many will be left without such things. Forcing the company to stick competitors products in their own product is not necessarily the way to go, but is perhaps a solution to all the bitching and moaning going on.

    Should KDE be forced to remove Konquerer or its various KDE-installed media players? Sure, there's other choices outside the KDE RPMs (or whatever distribution method you use), but people have a choice of OSes, too - don't install it and install linux instead.

    This whole thing has gotten out of hand, IMO. I guess if a company is successful, they obviously must be doing something illegal, huh?

    • by oolon ( 43347 )
      The answer is yes it should when in the monopoly situtation what microsoft currently finds itself in, until that point it can do as it wishes. There is a big difference a monopoly player and a "new entrant" (low market share) player are expected to behave. This is also all to do with bundling things with the OS. KDE is only part of a system. A better example would be Red Hat, this offers several difference desktops (unlike windows), LSB systems are also making for binary interoperability with other flavours
    • by truthsearch ( 249536 ) on Wednesday August 06, 2003 @12:15PM (#6626319) Homepage Journal
      It's not just a problem of what's installed. It's also a problem of what can't be removed. IE can not be uninstalled from Windows. (Before anyone points to ways to uninstall or hide the desktop icon try removing the core DLLs. It'll either block it because they're in memory or crash your OS.) At least up to Win2K the media player can not be completely uninstalled either.

      A linux distro may come with only one browser or media player, but no one commercial distro has been labeled a desktop monopoly. Being a monopoly changes the rules.
  • by miketang16 ( 585602 ) on Wednesday August 06, 2003 @10:46AM (#6625543) Journal
    I really don't think so. People sometime complain that if we achieve the goal of killing MS, that we'll lose all the innovation they contribute.

    Frankly, this is bull. You want facts?

    Read http://microsuck.com/content/whatsbad.shtml
  • by fitten ( 521191 ) on Wednesday August 06, 2003 @10:50AM (#6625585)
    This confirms the Commission's preliminary conclusion that Microsoft's tying of Windows Media Player to the Windows operating system weakens competition on the merits, stifles product innovation, and ultimately reduces consumer choice.

    Well... here is my take...

    Users like one-stop shopping. You buy a computer, you can surf the web, you can listen to music, you can play games, you can do all that stuff without having to first hook up to the Internet to download even *more* stuff or buy even *more* stuff to make it work like you expect that it should.

    Few things I have ever seen infuriate a customer more than buying something and then realizing that what they bought was incomplete and that they have to get/buy even more stuff to make it do what they want.

    The inclusion of IE in Windows was a big hullabaloo. At the time it was introduced, it was very much inferior to the other offerings out there, but did allow the user to browse the web. So, Microsoft saw that a browser with extentions could replace the file/system viewer Explorer so they merged the two things - far easier to have one thing that does both than have two development teams doing basically the same things maintaining two seperate code bases. That's why IE became integral to the OS - because it was also the viewer for everything from the file system to the control panel to a file viewer. Removing IE would remove the capability to do any of that.

    Having IE bundled didn't prevent you from loading any other browser that was your favorite, but it did offer (some say) superior Internet Browser features to others at the time so users felt little reason to use anything else. It was good enough for users, they didn't have to get/buy more software to make their pooter work so they used it. Very simple.

    Same with MediaPlayer. Users expect to be able to listen to music or play videos on their computer now from the instant they plug it into the wall. Microsoft delivers a way for them to do it. They improve it, and now it is "good enough" for most folks and they don't have to get/buy something extra to have this functionality. Very simple.

    Personally, I wouldn't use/buy ANY computer that didn't come bundled with some form of web browser and a media player of some sort. Very frequently, no matter the OS I choose, the one that comes bundled is good enough to do exactly what I want to do (I'm not an audiophile and I don't have special web browsing needs like special sites that are browser specific. I do like WinAMP better than MediaPlayer though so I tend to install it on all the Windows boxes I use but the default stuff delivered with whatever Linux distro that I have loaded is good enough.)

    So, does it stifle competition? I guess it does in the way that there is no need for me to buy yet-another DVD viewer program for my PS2. (Where is all the hubbub about that? The PS2 is in a very dominant position in that market.) However, these functions are becoming basic services that *have* to be delivered with an OS these days for the common users.

    Again, most users just want to use what they buy without additional fuss (having to get even more stuff to make it work in basic functions like web browsing and playing music/videos).

    In some ways, computer OSs these days are evolving more towards set-top boxes in many ways as the list of "basic services" the thing has to provide become longer and longer. There was a time when listening to music, watching videos, and such things were add-ons. You got these apps when you bought a video card or a sound card. Today, most users consider these to be basic functionality rather than add-ons. An OS that does not deliver these services in at least some basic capacity will not succeed. All the Linux distros know this as well and likewise deliver these basic services.
    • by NullProg ( 70833 ) on Wednesday August 06, 2003 @11:50AM (#6626107) Homepage Journal
      Your trying to rewrite PC History.

      Prior to the unleashing of Win95, computer makers choose what software to bundle. Quite a few bundled non-microsoft applications with windows 3.x. My first 386/sx came with a media player (Audio Rack), contact management (lotus organizer), IBM DOS, PFS Windows Works, and Windows 3.11. Freebies and discounted software included CDs from Norton, Lantastic, Aol, Prodigy, Genie, Compuserve, Borland etc.

      When Microsoft came out with Win95, all that competition ended when they changed the terms for what software could be bundled with Windows. They also dictated to computer makers what software could be sold with thier systems at the risk of loosing thier windows license.

      Today with a windows XP PC, you have less choices in software out of the box than your average 3 CD boxed Linux distribution.

      Enjoy,
  • by pmz ( 462998 ) on Wednesday August 06, 2003 @10:59AM (#6625664) Homepage
    How is it that Internet Explorer, Windows Media Player, and Microsoft Outlook can come out of nowhere and domininate before anyone can blink? Why is it that many OEMs get queasy when customers ask about Windows-free computers? Why is it that the only growing software companies do so by packaging otherwise free products? Why is it that Microsoft's means of competing against Linux are through the legal system via SCO rather than competing in the free market?

    Microsoft are an abberation--a cancer--on the world's markets and governments. When corporations become more powerful than their governments, the trump card lies with the people. If the governments won't or can't respond, then consumers everywhere need to make a conscience decision to support diversity, competition, and freedom.

    Each purchase of a Microsoft product is a vote for a proprietary technocracy with a Microsoft Certified ruling class. Do you really want that? I don't!
    • Microsoft is not an abberation. It's the natural evolution of any Corporation in a regulation-free environment.

      Just like OPEC.
      Just like the RIAA (not technically a monopoly, but effectively one).
      Just like DeBeers.

      All industries will consolidate into monopolies if left unchecked. And since politicians keep accepting checks - we'll continue to see more and more consolidation.
      • All industries will consolidate into monopolies if left unchecked.

        I'm not convinced of this. A monopoly is temporary as it drives prices above what people are willing to deal with. This is already occuring with Microsoft, and true competitors are appearing in the form of Red Hat, Lindows, Apple, and Sun, for example. Left to regular market forces, Microsoft's days are truly numbered (how can they compete with Linux, which is Free, and Mac OS X, which runs rings around Windows on the desktop, and Solari
  • by mccalli ( 323026 ) on Wednesday August 06, 2003 @10:59AM (#6625665) Homepage
    Everyone's focusing on the media player aspect, but to me the far more important one is the server-side protocal disclosure.

    From the EU's press release:
    "As regards remedies, the Commission has provisionally identified the core disclosure obligations that would be indispensable for Microsoft's competitors in low-end servers to achieve full interoperability with Windows PCs and servers. Microsoft would be obliged to reveal the necessary interface information so that rival vendors of low-end servers are able to compete on a level playing-field with Microsoft."

    So...Samba benefits. Anyone trying to interoperate with Exchange benefits (I'd presume MAPI would be one of the protocols). People trying to do integration with Active Directory Services benefit. That's the real meat of the notice. The media player is attracting attention, but it's not the most important half by far.

    Cheers,
    Ian

  • Puzzling... (Score:3, Interesting)

    by BFKrew ( 650321 ) on Wednesday August 06, 2003 @11:09AM (#6625744)
    Of all the areas to attack them on, the Media Player is a strange one.

    Firstly, it is probably the best out of Real Player and Quicktime so really I cannot see anyone wanting to swap Media Player for a crappy RP which pops up every two minutes and basically complains if you don't use it or upgrade it! Quicktime isn't really a big player in any event on the PC for any formats really. So, even if they do succeed in getting Media Player as something you have to 'opt in' to installing I'd guess that the experienced users won't use RP or QT.

    Secondly, Media Player is integral to Windows - certainly XP. From the Windows Explorer you can preview media, view films, burn CD's etc etc with it. Ok, I suppose you could take out this functionality but as someone who uses it a lot I don't see why -I- should have my OS experience reduced just so I can get Real Player telling me I have messages every few hours.

    Thirdly, as I think some of the other posters have said, there is a gradual blurring between PCs and TVs/hi fi nowadays and it is realistic to be able to have a media player as part of the OS.

    I know I will be shot down for this, but the target market for Windows doesn't want to have to select which media player they want - most people won't have a clue anyway - they just want to go to 'My Music' and click on the MP3 and listen to some music whilst they browse the web or whatever.

    They certainly have abused their monopoly, but this is just a typical EU style charge (I live in England). A lot of hot air, lots of reports, a good idea but poorly enacted.

    Microsoft can afford to ignore this, and they'll just pay the fine and 'look at how we can open up' and do nothing.

    The EU cannot stop them trading in the EU at all! Anyone who seriously thinks that is plain daft! I mean, I guess around 95%+ of PC's etc run MS software and if they have to stop trading it would have such a serious impact on business it simply won't happen!
  • by Nice2Cats ( 557310 ) on Wednesday August 06, 2003 @11:30AM (#6625901)
    We keep coming back to this point again and again with YRO, if it is Microsoft or SCO or flying drunk squirrels: The core of the problem tends to turn out to be the disfunctional U.S. legal system, where the guy with the most money wins (Microsoft), you can behave like a jack ass forever without anybody doing anything (SCO), and the lottery of trial-by-jury makes a mockery of anything anyway (OJ).

    SCO's FUD campaign didn't survive five minutes in the German legal system, Microsoft is not going to get government permission to do anything the want to like in the U.S., and I don't think O.J. would be playing golf right now if the trial had been anywhere in Europe. America's legal system in increasingly becomming a liability to the U.S: With a bit of luck, Europe will be free of the lead weight of the Microsoft monoploy in a few years, while Americans will still be paying their Redmond tax.

  • by Alethes ( 533985 ) on Wednesday August 06, 2003 @12:13PM (#6626302)
    Microsoft has as much of a monopoly as consumers give them through direct software purchases, or indirect purchases through PC vendors they support. The solution is not litigation to protect ignorant consumers from themselves. The solution is education to inform consumers of other, possibly more suitable software solutions. As it stands, consumers are choosing Microsoft, and governments should not interfere with that choice.

    If Microsoft's software is as inferior as we, the open source software community, say it is, then it should not be difficult to compete against that software based on quality, features, and usability. If open source software is not up to snuff, then people will either directly or indirectly choose Windows and we need to work on the quality of our products. If open source software is good enough, though, then we don't need to waste our time supporting litigation that will at most be a minor setback for Microsoft. We need to, instead, work on marketing strategies.

    In any case, supporting litigation against Microsoft is a waste of valuable resources that could be better spent improving open source software and educating users so they can make informed choices about the software they purchase and use.


    • If Microsoft's software is as inferior as we, the open source software community, say it is, then it should not be difficult to compete against that software based on quality, features, and usability.



      You do not understand. It is difficult to compete because we cannot provide our services on an equal footing with Microsoft because they won't tell us how to interoperate with their systems. If we can't interoperate with MS systems, and everyone else is using MS systems, then open source options aren't really viable, are they?

      (Well, in some cases we are viable -- but only because MS wasn't able to stop all the open standards. Look where all of the major open-source successes have been:
      • Apache, made possible because TCP/IP and HTTP was not a Microsoft invention.
      • Mozilla, for the same reasons.
      • GCC, because the Intel processor specifications -- and the languages which build on them -- were not Microsoft inventions.
      • Linux, because Unix was not a Microsoft invention.
      .. and so on. Don't you see? Everywhere Micrsoft go, they conquer. And they don't want to share their spoils with anyone. This is not what a free market is about.



      In any case, supporting litigation against Microsoft is a waste of valuable resources that could be better spent [...] educating users so they can make informed choices



      If you substituted ``Microsoft`` with ``Big Tobacco``, would you change your mind?

      You're missing the fact that people have been locked into using MS-only systems and *even if they wanted to* would find it very hard to stop. Think about it: they, in effect, provide a significant proportion of our computing infrastructure -- and are preventing anyone from competing with them by not disclosing the vital inferface information about the systems they built that others would need to compete.

      They work very hard to maintain the monopoly stranglehold they have created. They bombard the young and impressionable with advertising in print, on television, on billboards. They push ``cheap`` versions of their product on impressional students in schools and universities.

      They lobby govenments around the world to say "You should let project leaders make their own choice!" when it comes to choosing between a MS or OSS deployment -- whilst simultaneously doing their utmost to prevent any OSS option from becoming viable.

      "Just educate people to do something else" you say. If only it were that easy. To stop smoking is a painful and difficult task at the best of times; divorcing yourself of the MS infrastructure that entangles everything we do is no different.

      Microsoft has a monopoly. Nobody disputes that fact. They are using their monopoly position to extend their influence and take control of new markets. This is also not in dispute.

      If the United States refuses to take substantive action, then that's their choice. But you're starting to hurt *us* now, we will not stand idly by. The EU, our representatives, have asked Microsoft nicely, patiently, to cease their damaging practices. Three times, they told them stop! And yet they persist, relentlessly.

      Well, no more. We're done asking.
      • by Alethes ( 533985 ) on Wednesday August 06, 2003 @03:08PM (#6627650)
        You do not understand. It is difficult to compete because we cannot provide our services on an equal footing with Microsoft because they won't tell us how to interoperate with their systems. If we can't interoperate with MS systems, and everyone else is using MS systems, then open source options aren't really viable, are they?

        If Microsoft's competition creates an superior product, then consumers will choose to use alternate software regardless. Interoperability is the least of our problems. If consumers were genuinely concerned about interoperablity, they'd use "Save as HTML" instead of the Word .doc format. Consumers lock themselves into proprietary formats by choice -- due to lack of education on our part.

        Everywhere Micrsoft go, they conquer. And they don't want to share their spoils with anyone. This is not what a free market is about.

        You're right. Sharing the spoils it not what free market is about at all. Free market is about innovating and creating a better product than your competition so that consumers will choose you over them -- rather than whining about whatever perceived unfair advantage you think the competition has.

        If you substituted ``Microsoft`` with ``Big Tobacco``, would you change your mind?

        Of course not. People make very bad decisions in their lives and should either live with the consequences or remedy the situation. Notice that suing "Big Tobacco" did nothing to stop people from smoking. It just gave the government a means for seizing the tobacco companys' assets for their own gain. That is essentially what you're asking the government to do for OSS regarding Microsoft.

        You're missing the fact that people have been locked into using MS-only systems and *even if they wanted to* would find it very hard to stop. Think about it: they, in effect, provide a significant proportion of our computing infrastructure -- and are preventing anyone from competing with them by not disclosing the vital inferface information about the systems they built that others would need to compete.

        It is difficult to switch, but not impossible. Consumers that are concerned about the freedom, stablity, and interoperablity that OSS can provide will make the effort to switch. Those that don't, shouldn't be forced to switch or have their license fees jacked up to pay for legal fees just so you can have the help you think you need from Microsoft for a viable OSS platform. Microsoft provides as much computing infrustrature as consumers will allow. More importantly, though, the open source community does not need Microsoft's cooperation to be viable. OSS should be good enough to stand on its own without standing on Microsoft's shoulders.

        They work very hard to maintain the monopoly stranglehold they have created. They bombard the young and impressionable with advertising in print, on television, on billboards. They push ``cheap`` versions of their product on impressional students in schools and universities.

        Correction: They work very hard to keep the customers they have gained over the last several years. If OSS vendors and developers had a clue about marketing, they'd be doing the same thing Microsoft does with billboards and print advertising. Instead, the majority of the community just whines. There is nothing ethically or legally that requires Microsoft to reveal methods and code for their products. To force them to do so is unethical, though. I'd call it stealing, but even worse is your contant suggestion that OSS needs Microsoft's cooperation to become viable.

        They lobby govenments around the world to say "You should let project leaders make their own choice!" when it comes to choosing between a MS or OSS deployment -- whilst simultaneously doing their utmost to prevent any OSS option from becoming viable.

        Do you have any faith in OSS whatsoever to be able to create a quality product without depending on the government to yank Microso
  • wow!!!!! (Score:5, Interesting)

    by sniggly ( 216454 ) on Wednesday August 06, 2003 @01:03PM (#6626766) Journal
    As regards remedies, the Commission has provisionally identified the core disclosure obligations that would be indispensable for Microsoft's competitors in low-end servers to achieve full interoperability with Windows PCs and servers. Microsoft would be obliged to reveal the necessary interface information so that rival vendors of low-end servers are able to compete on a level playing-field with Microsoft.

    That from http://europa.eu.int/rapid/start/cgi/guesten.ksh?p _action.gettxt=gt&doc=IP/03/1150%7C0%7CRAPID&lg=EN ; [eu.int] hey note theres a .ksh in the URL - think they run korn shell cgi's in brussels? :)

    Anyway that says OPEN YOUR API TOTALLY MS or face punishmnet. GREAT NEWS for interoperability! Samba and dozens of other programs will benefit immensely.

  • by geekee ( 591277 ) on Wednesday August 06, 2003 @01:57PM (#6627140)
    1. Windows is not a monopoly. The existance of Linux refutes this claim. If you try to to refute this, good luck. The law is so vague (in the US anyway) that the definition is left to the whim of a judge.
    2. Do you really want the govt. to dictate what defines a software product? What happens if Linux becomes the dominant OS? Do you really want to deal with lawsuits by the govt telling Red Hat they can't bundle xanim or mozilla because it's anticompetitve. The SCO case is bad enough. You're just setting yourselves up to get screwed in the future if you give the govt this power.
    • Two words "open systems". Anyone can bundle their software with Linux (or Solaris for that matter). Everything is "open".

      Not the case with Windows, hence the abuse charges. Understand that and all will fall into place for you.

Understanding is always the understanding of a smaller problem in relation to a bigger problem. -- P.D. Ouspensky

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