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IBM, Sun and Adobe join Microsoft antitrust case

IBM, Sun and Adobe join Microsoft antitrust case

Should Internet Explorer be bundled with Windows as standard? A large number of heavyweight tech companies think otherwise.

Firefox 3 may have overtaken Internet Explorer 7 when it comes to browser statistics in Europe, but Microsoft’s browser is still a source of controversy here. After the European Commission issued Microsoft with a state of objections about the inclusion of Internet Explorer with Windows in January, a group of technology companies, which includes Adobe, Opera, IBM and Sun, has now been recognised as an interested third party in support of the EC’s findings.

Called the European Committee for Interoperable Systems (ECIS), the group describes itself as a non-profit association that “believes strongly in the benefits of a competitive and innovative ICT sector, and seeks to support such an environment by actively participating in the promotion of any initiative aimed at favouring interoperability, competition on the merits, innovation, and consumers' interests in the area of information and communication technology.”

The group has an impressive list of members, which includes Sun Microsystems, IBM, Adobe and Nokia, as well as Corel, Red Hat, RealNetworks and Opera. It was the latter company that first brought the complaint about Internet Explorer to the European Commission, and a number of other groups have since added their support for the case, including the Mozilla Foundation, Google and the Free Software Foundation Europe.

Justifying its interest as a third party, ECIS stated that “despite consistently lower user satisfaction ratings for IE, the Microsoft browser maintains its dominant position as the gateway to the World Wide Web because of illegal bundling with the Windows operating system.”

The organisation also points out that “other browsers that are rated superior to IE cannot compete on their merits. Similar tying practices have already been condemned by both the Commission and European Court of First Instance with respect to Windows Media Player.” Thomas Vinje, a spokesman for ECIS, said that “smaller, more innovative browser developers need a level playing field. That is why there is such broad support for the Commission’s preliminary findings of abuse.”

The European Commission’s original statement of objections was given to Microsoft on 15 January, when the EC said it had reached the preliminary conclusion that “Microsoft’s tying of Internet Explorer to the Windows operating system harms competition between web browsers, undermines product innovation and ultimately reduces consumer choice.”

The EC also added that its findings led it to believe that “the tying of Internet Explorer with Windows, which makes Internet Explorer available on 90 percent of the world's PCs, distorts competition on the merits between competing web browsers insofar as it provides Internet Explorer with an artificial distribution advantage which other web browsers are unable to match.”

The argument about Microsoft’s right to bundle Internet Explorer with Windows has been going on for well over a decade, and Netscape first complained to the US Justice Department about it back in 1996. Is Microsoft entitled to bundle Internet Explorer with Windows as standard, or does the company’s dominance of the OS market stop other browsers from getting a look-in? Will this all change if Internet Explorer is an optional download for Windows 7? Share your thoughts on the European Microsoft anti-trust case in the forums.

48 Comments

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DriftCarl 17th April 2009, 16:11 Quote
please correct me if I am being stupid or something. But if IE was not included in windows, how would anyone connect to the web to download another browser in the first place?
tank_rider 17th April 2009, 16:16 Quote
Whats the difference between MS bundling IE and Ubuntu bundling firefox or apple bundling safari? It's more MS bashing for the sake of it! If they're going to go after MS surely they should go after apple for the same reason. I think most people would complain if they had to install a browser before they could even get on the net, that in itself would be pretty difficult in a house with no existing computer unless we're going back to the days of browsers on a disc like when AOL dialup discs were everywhere!
frojoe 17th April 2009, 16:17 Quote
haha, that's what I was thinking the entire time. You would have to go get firefox on cd to go with the new computer before going online. Most of us would get it with another computer or something, but I could see confusion with the average user having to access to the web.
ChaosDefinesOrder 17th April 2009, 16:24 Quote
this just smacks of bandwagon jumping

Correct me if I'm wrong here, but isn't Window's file browser built on the same technology as the internet browser? Until IE7, it used to be that if IE6 crashed, it took Windows Explorer with it...

How are MS supposed to not bundle the internet browser? Also, as DriftCarl says, if a browser isn't included then how do you get others? You can't include ALL browsers in the installation 'cos then people will scream at the bloated install size!
morris8809 17th April 2009, 16:26 Quote
this is bs, next thing i know, ill have to start burning cds for people to install browsers with, great. If this happens thanks alot ms bashers...
D3s3rt_F0x 17th April 2009, 16:28 Quote
More interesting for me was Firefox 3.0 is the browser of choice in antarctica
Tulatin 17th April 2009, 16:29 Quote
Yeah, really. How the **** do you get online if IE isn't included in windows? Otherwise, they may just make it a shortcut on the desktop "Install Internet Explorer".

Now; in recent years SOME headway has been made. With proper configuration, IE can be replaced as the default browser, and it's presence in the system nearly unknown. You do need it for some sites, though.
ch424 17th April 2009, 16:33 Quote
I have to agree with the comments above.

1. If Windows shipped without a browser, how would you download one?
2. If Windows shipped without IE, which browser should it ship with?
3. How come it's OK for Apple to ship OSX with Safari only?
4. Microsoft are very fair about browsers on windows. IE is less aggressive about making itself the default browser than FF and Safari are. If you type a URL into windows explorer, it opens it in your default browser, not IE. It's not like Microsoft are going out of their way to make it hard for other browsers to succeed.

The only reasonable objection that I can think of is that you can't uninstall IE, but that is explained by my first point. It makes sense to have a browser so that you can download things.
Woodspoon 17th April 2009, 17:00 Quote
This is all kind of pointless, as windows 7 will give you the option of not installing IE, rendering thier arguement of "you have to install IE, so we have no chance, it's not fair" utterly pointless.
thehippoz 17th April 2009, 17:09 Quote
Quote:
Originally Posted by DriftCarl
please correct me if I am being stupid or something. But if IE was not included in windows, how would anyone connect to the web to download another browser in the first place?

:D
Arkanrais 17th April 2009, 17:30 Quote
I must be crazy. I have a train of thought going "Microsoft makes an OS. It's theirs and they can put whatever the hell they want with it, so long as it's not illegal software. No one is forcing anyone to buy it, so quit complaining"
Next you'll have other software companies complaining that MS has a monopoly on image viewing software and file browsers.

...oh and that trees have a monopoly on being made into paper. SUE THE TREES!!11!1one
Abhorsen 17th April 2009, 18:02 Quote
I have to agree with the majority, needless MS Bashing...

Also as Tulatin states, you tend to need IE running as there are too many developers who are not intelligent enough to make sites/apps which work on all platforms... This isn't refined to amateur sites either. One of the major British banks is also guilty of this.
wheresjbob 17th April 2009, 18:25 Quote
As an ex-Sun guy who made a living competing against M$, and who continues to believe that Windows is crap; that M$ over-promised, over-charges, and under-delivers; I will surprise many by saying this case is BS. Here's why:

- Where's the damage? When was the last time someone bought a browser?

- Let the market decide, not the courts. This case supports Socialism and not Capitalism

- M$, although they make sucky products, isn't preventing anyone from innovating. Maybe the innovations just aren't that valuable?

- Maybe there IS NO BROWSER MARKET! Can you imagine if the tire companies tried to do this to the automobile companies? Continuing the analogy, the "aftermarket" is almost always better than stock. However, for most, stock is "good enough"

- Everyone has to start making money the old fashioned way again, by earning it. Stop the redistribution of market share.

- As an engineer, Bill Gates makes me cringe. As an American Capitalist, Bill Gates makes me PROUD.

+1 to Arkanrais. Trees suck too! lol.
djackl 17th April 2009, 18:30 Quote
If the tyre companies did this to automobile companies, wouldn't it be like buying your car without tyres and then having to drive it to the tyre shop so they could be fitted?
GoodBytes 17th April 2009, 18:45 Quote
Quote:
Originally Posted by ChaosDefinesOrder
this just smacks of bandwagon jumping

Correct me if I'm wrong here, but isn't Window's file browser built on the same technology as the internet browser? Until IE7, it used to be that if IE6 crashed, it took Windows Explorer with it...

How are MS supposed to not bundle the internet browser? Also, as DriftCarl says, if a browser isn't included then how do you get others? You can't include ALL browsers in the installation 'cos then people will scream at the bloated install size!

Starting with Vista, IE is out of the Shell of Windows. One of the "big" pluses of Longhorn in 2003, was that IE is gone from the file browser system (explorer). This was true until Vista was released, and still true to Win7. Microsoft, finally acknowledge this to be a serious problem when it saw XP being trashed out on a user system with so many exploited security whole (hence the release of SP2 to hold up XP a little bit more for the fresh new core and 80% of the OS redone, called Vista)
Quote:
Originally Posted by wheresjbob
As an ex-Sun guy who made a living competing against M$, and who continues to believe that Windows is crap; that M$ over-promised, over-charges, and under-delivers; I will surprise many by saying this case is BS. Here's why:
[...]
Ok, sorry to inform you, but I think you are on the wrong forum section. This is based on an article related to Microsoft Windows, not M$ line of products. I know they both starts with "M"'s, but in reality they are different companies. Don't feel bad, you are not alone doing this mistake.
rembo666 17th April 2009, 18:50 Quote
As some posters have already noted, Windows 7 will give users an option not to install IE. This means that OEMs can choose not to install IE and install a different browser instead. Not including IE on the Windows DVD is equivalent to killing MS OS business outright. What modern OS can survive without a web browser. EU argument held up for WinXP and Vista, but now it's simply obsolete.
sui_winbolo 17th April 2009, 19:58 Quote
How about they sue Microsoft over the IDEA of releasing any bundled software with their OS.

Oh please, if Microsoft makes a product, they have every right to bundle it with THEIR operating system.

For the record, I hate Internet Explorer, but it's something that I'm not against being bundled with Windows.
The_Beast 17th April 2009, 23:33 Quote
^^^ what they said


come on, it worthless to ever talk about
DarkLord7854 17th April 2009, 23:44 Quote
Quote:
Originally Posted by ch424
3. How come it's OK for Apple to ship OSX with Safari only?

Because OSX is a minority compared to Windows.


It's just people bitching about an OS because they can't steal some of the users on the OS to use their own products on said OS.. even though said "products" are free and Microsoft/Windows don't force you in any way to continue using their bundled stuff.

It's just like Windows Media Player.. It's not the best, but you bought an OS, you expect to be able to do something with it apart from seeing a file on your HD..

What's next, Windows Explorer is bad and needs to be removed from Windows?

Bet you 95% of their internal web applications are built to work with IE6/7/8 too.


Hypocritical assholes the lot of em IMO.

:(
lewchenko 17th April 2009, 23:55 Quote
The people who enforce the 'monopoly' laws and sue companies like Microsoft for rubbish like this are a poor representation of what we.. the people actually want.

Everyone above speaks common sense. There is no such issue anymore about shipping a set browser with an OS.

But the politicians and law enforcers are clearly idiots.. no, retards in fact who represent only a small majority of people who want to hurt microsoft in its wallet.

Lets face it.. all walks of like are like this. People in power tend to ignore the people who voted them there, and act selfishly without any moral being or respect. There is an illusion of democracy in the west, and this is a twisted example of it.

Just watch Gordon Brown's budget next week for another example of it. Hope they all burn in hell.
taliban_raider 18th April 2009, 00:20 Quote
Microsoft already has an 'N' version of windows without media player built in to satisfy European Commission directives, that no one buys for obvious reasons. They should just nab this one in the butt now by stripping everything from that version and just have it install the windows kernal, nothing else, you install it and you get the kernal and mabee a command line, no gui, no auto-mounting of discs or hardware, nothing.
sui_winbolo 18th April 2009, 01:18 Quote
Quote:
Originally Posted by taliban_raider
Microsoft already has an 'N' version of windows without media player built in to satisfy European Commission directives, that no one buys for obvious reasons. They should just nab this one in the butt now by stripping everything from that version and just have it install the windows kernal, nothing else, you install it and you get the kernal and mabee a command line, no gui, no auto-mounting of discs or hardware, nothing.

Hahahaha I was thinking the same! :o
GoodBytes 18th April 2009, 01:29 Quote
Quote:
Originally Posted by taliban_raider
Microsoft already has an 'N' version of windows without media player built in to satisfy European Commission directives, that no one buys for obvious reasons. They should just nab this one in the butt now by stripping everything from that version and just have it install the windows kernal, nothing else, you install it and you get the kernal and mabee a command line, no gui, no auto-mounting of discs or hardware, nothing.

No, because the European Commission will say that it prevent competition from other OS kernels, and should bundle other kernels with it.

If they wanted the E.C can complain about anything. Just because Microsoft has money, that it does a big impact in the news media as it's a large company, and that its an easy target. If Microsoft attempts to do anything to really defend themselves, their image would be seen as an even more evil among Europeans. (Whatever Microsoft do, they look evil, all they can do is pick the path that makes them look less evil, which means smallest media impact If they target someone else, they, as they are smaller, will take up the challenge and create big shakes. Also, attacking small/medium companies will make the E.C look bad. Imagine if they take to court... I don't know... Nintendo for whatever reason, just for the sake of argument. The internet and a lot of media would present titles like "E.C attacking small Japanese company", and crowds of Nintendo fans will complain and, heck, even make protests. And the E.C might be blames that they favor large companies that has the money to not include, what ever Nintendo has, and prevent small/medium companies from growing, or something along that line.

True or not, this is what the E.C seams to be afraid off, so they still attack the big boy.
JyX 18th April 2009, 04:06 Quote
People seem to be misinformed.

It's about the browser Internet Explorer, the piece of software that resided in Program Files\Internet Explorer and that can be uninstalled or as someone else pointed, in Windows 7 it can be removed with ease.

People confused IE Core with the IE browser. It's not the same thing!

IE Core CAN'T be removed. If it's removed than any application that ties in the ATL will stop working.

Such applications like Windows Help, Windows Media Player and MSDN Document Explorer won't work... but not only these, WinAmp, MediaMan, ATI Catalyst Control Center, WinRAR and others will stop working properly.
sui_winbolo 18th April 2009, 04:11 Quote
Quote:
Originally Posted by JyX
People seem to be misinformed.

It's about the browser Internet Explorer, the piece of software that resided in Program Files\Internet Explorer and that can be uninstalled or as someone else pointed, in Windows 7 it can be removed with ease.

People confused IE Core with the IE browser. It's not the same thing!

IE Core CAN'T be removed. If it's removed than any application that ties in the ATL will stop working.

Such applications like Windows Help, Windows Media Player and MSDN Document Explorer won't work... but not only these, WinAmp, MediaMan, ATI Catalyst Control Center, WinRAR and others will stop working properly.

That's what I am talking about. :|

And I'm pretty sure most people are talking about the Internet Explorer browser.

Hence the comparison to Mac OS X and their Safari browser.
JyX 18th April 2009, 04:18 Quote
I was referring to the "how can we dl Firefox then?" problem.

Windows can still dl files without the IE Browser interface... it won't be just as fancy.
sui_winbolo 18th April 2009, 04:32 Quote
Quote:
Originally Posted by JyX
I was referring to the "how can we dl Firefox then?" problem.

Windows can still dl files without the IE Browser interface... it won't be just as fancy.

mmkay, gotcha ;)
NeedlesKane 18th April 2009, 10:54 Quote
ok so MS are in the wrong bigtime, i mean look at the wide amount of browsers Apple have allowed onto the iphone... such as the full opera browser which they mightve blocked from the app store. but yes dirty MS
FatMikel 18th April 2009, 13:15 Quote
Quote:
Originally Posted by NeedlesKane
ok so MS are in the wrong bigtime, i mean look at the wide amount of browsers Apple have allowed onto the iphone... such as the full opera browser which they mightve blocked from the app store. but yes dirty MS

What?

Microsoft let you install any browser you want on Windows.

... :s

But yeah, I don't see how this fair. Microsoft made Windows. Microsoft made IE. They should be able to bundle IE with Windows. It's their product.

If Mozilla and Opera want to bundle their internet browsers, they should develop their own OSs to bundle them with. Artificially levelling the playing field in the name of fair competition helps nobody.

Plus, the end user is free to install any OS they want. It's not like Microsoft are stopping you from using Firefox.

Someone should send every response from this story to the PR/legal departments of all the companies involved and show them that nobody supports what they're doing. If Microsoft has to change anything more as a result of this case, it's just going to hurt the end user.

And JyX, what's wrong with IE Core? Products rely on it; why should it be changed or removed for the sake of 'fair' competition?

EDIT: How can Microsoft be accused of anti-competitive behaviour when it actively encourages other browser developers? http://www.flickr.com/photos/robceemoz/2587912633/

P.S. That cake was sent from Redmond to Mozilla when they shipped Firefox 3.
JyX 18th April 2009, 14:42 Quote
Quote:
Originally Posted by FatMikel
And JyX, what's wrong with IE Core? Products rely on it; why should it be changed or removed for the sake of 'fair' competition?

Nothing... you just didn't get what I was "saying".
sui_winbolo 18th April 2009, 19:31 Quote
Quote:
Originally Posted by FatMikel
What?

Microsoft let you install any browser you want on Windows.

... :s

It's called sarcasm, he's using it.
DarkLord7854 18th April 2009, 19:58 Quote
Quote:
Originally Posted by NeedlesKane
ok so MS are in the wrong bigtime, i mean look at the wide amount of browsers Apple have allowed onto the iphone... such as the full opera browser which they mightve blocked from the app store. but yes dirty MS


You can get Opera on the iPhone? Really? From the AppStore? Where? Because I'm not finding it anywhere.

As far as I've been able to tell, the "browsers" on the AppStore are merely reskins of Safari
E7130 18th April 2009, 22:25 Quote
Quote:
Originally Posted by tank_rider
Whats the difference between MS bundling IE and Ubuntu bundling firefox or apple bundling safari? It's more MS bashing for the sake of it! If they're going to go after MS surely they should go after apple for the same reason. I think most people would complain if they had to install a browser before they could even get on the net, that in itself would be pretty difficult in a house with no existing computer unless we're going back to the days of browsers on a disc like when AOL dialup discs were everywhere!

You're right, there is no difference. Besides, what is IBMs, Google, Adobe, etc have as a solution? MS should load their OS without a browser? Look I like FF more than IE, but you can't please everyone by loading every known browser on an OS. Also how do you plan to get people to the internet the first time?

I guess an application could pop up and you select which you want to install, but that is kind of stupid.

I am glas MS is allowing IE to be disabled in W7, but I sadly many companies only support IE for a browser so you cannot access or download certain things from them.
DarkLord7854 18th April 2009, 22:32 Quote
It'd be great is Microsoft just announces it won't be selling Windows to Europe anymore nor push Updates to Europe. Would make them all STFU and quit complaining in order to be able to have Windows
sui_winbolo 18th April 2009, 22:58 Quote
Quote:
Originally Posted by DarkLord7854
You can get Opera on the iPhone? Really? From the AppStore? Where? Because I'm not finding it anywhere.

As far as I've been able to tell, the "browsers" on the AppStore are merely reskins of Safari
Quote:
Originally Posted by sui_winbolo
It's called sarcasm, he's using it.

You guys need to get your sarcasm detectors fixed.
hyperion 18th April 2009, 23:13 Quote
For ready made systems I would assume that a browser would come pre-installed just like the pre-installed OS, and it would be down to the retailer to choose which browser they would bundle with the OS. For system builders it wouldn't be a problem either, with so many application backup disks. So their arguments do have merit imo.
Neji 19th April 2009, 04:54 Quote
I'm amused that some people think you need a browser to download something from the Internet.
GoodBytes 19th April 2009, 05:19 Quote
Quote:
Originally Posted by Neji
I'm amused that some people think you need a browser to download something from the Internet.

Ho ho there. Fancy smart guy that thinks he is smart.
1- We mean easily and fancy way to download it.
2- We consider average user, as Windows, unlike *inux, is (tries) to be for everyone.
3- Wrong community to show off.
DarkLord7854 19th April 2009, 05:50 Quote
Quote:
Originally Posted by Neji
I'm amused that some people think you need a browser to download something from the Internet.

Your average idiot user who can barely use a computer as it is will never be able to figure out how to download something without a browser and a giant 6 foot by 10 foot button that says "DOWNLOAD"
GoodBytes 19th April 2009, 06:13 Quote
Quote:
Originally Posted by DarkLord7854
Your average idiot user who can barely use a computer as it is will never be able to figure out how to download something without a browser and a giant 6 foot by 10 foot button that says "DOWNLOAD"

Yea, the average user don't know how to read when get on the computer. It needs a video. j/k
LordPyrinc 19th April 2009, 06:46 Quote
When I buy an OS, I would expect it to come with other functional software such as some sort of graphics editor, a document editing tool, some software to playback media (both sound and video), some software to browse the internet, heck lets forget to mention those pesky drivers that allow hardware to work such as soundcard, videocard, monitor, etc. If Microsoft can be sued for bundling an OS, than they can be sued by graphical software companies, hardware manufactures, etc, etc. This is ridiculous. It was stupid enuf that they were forced to issue an OS without Media Player. Microsoft provides a good functioning OS that provides most of what you need out of the box. Isn't that what an OS should do? The EU needs to F*** off and leave Microsoft alone.
Freedom 19th April 2009, 11:04 Quote
I do wish these companies would be honest about why there taken up these law suites. "consumer choice" yeh sure that why your doing it, I'm sure it has nothing to do with money of course.
MajestiX 19th April 2009, 11:08 Quote
someone needs to sue OEM for bundling a whole bunch of sh** with new laptops/computers and then trying to sell you extra ram because the new system is slow as fu**
dyzophoria 19th April 2009, 15:06 Quote
too bad for IBM , Sun and Adobe it just places them on my "List of Very Stupid Companies", lol
JyX 20th April 2009, 07:21 Quote
Why do you blame them? Why are they stupid?

Do you know that those "alternative" products like Opera, Firefox, WinAmp (and I won't list all the media players out there cause there's a lot of them) are made by real people... who need real jobs to support their existence!

Oh, so now you're on the side of... what were all of you calling M$ some time ago? Monopole? Money-hungry corporations that care only for profit?

That's exactly what the EU wants to avoid with these laws that people call them stupid. You like your cozy little lives that mommy and daddy struggle to make for you. You'll grow... and will be subjected to the greed for corporations that don't let the millions of programmers and software architects to breathe. They swallow every little bit of Intellectual Property there is... and if they see a weak player... a small town programmer that did a great application, they'll stump it by copying every idea it holds!

Why do you think IE even got Tabs when that was the trademark of Opera and Mozilla suite? Why do you think WMP even plays MP3's when WMA was the only "viable option" in the opinion of M$?

Grow out of it! M$ is suffocating lots of small time companies and while some of the members of this committee want to take a slice of the market, it will also give other people the chance to prove themselves and also make a living.

Stupid... NOT!
amacieli 20th April 2009, 11:55 Quote
@JyX - man, what are you smoking, and can I have some
zimbloggy 20th April 2009, 14:51 Quote
My HP computer came with netscape as well as IE. These companies need to go to them and try to get them to put their stuff on their computers. Microsoft shouldn't be forced to put somebody else's product on their OS. Besides, Microsoft certainly does not have a monopoly, since a significant minority of computers are Macs or Linux.
JyX 21st April 2009, 00:03 Quote
"Microsoft shouldn't be forced to put somebody else's product on their OS. Besides"
No one is forcing MS to put something on Windows... you've missed the point. Sadly...

"Microsoft certainly does not have a monopoly"
Are you sure?... all the antitrust breaches and fines they got was because they played nice and fair. Right!...

@amacieli... your girl... sure, you can... after I'm done with her! Muhahahaha!
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