Jhild more browser chat.......
BY JOHN MARKOFF
N.Y. Times News Service
In a significant setback for the world's most powerful software company, a federal judge ruled Thursday night that Microsoft Corp. must separate its Internet browser software from its industry-dominating Windows 95 operating system.
Judge Thomas Penfield Jackson of U.S. District Court in Washington, issued his ruling in an antitrust suit filed by the Justice Department on Oct. 20.
In its suit, the Justice Department sided with competitors who have accused Microsoft of choking them out of the market by combing, or "bundling," Microsoft's own applications with its Windows operating-system in order to maintain its domination of the personal computer industry.
The federal government's suit asked the judge to stop Microsoft from forcing makers of personal computers to include Microsoft's Internet ' Explorer World Wide Web browser program as a condition of licensing the Windows 95 operating system. In filing the petition in federal court, Attorney General Janet Reno said Microsoft had violated a 1995 antitrust settlement.
The Justice Department had also sought a fine of $1 million a day in civil contempt charges if the company failed to change its policy. The basis of that request was the 1995 settlement. Jackson denied that request, calling the terms of the 1995 settlement "ambiguous."
Even so, the judge said that Microsoft's ability to fold new functions into its Windows operating system software "stops at least at the point at which it would violate established antitrust law."
Thursday's ruling is a temporary order that will remain in effect until Jackson can issue a final decision. He also appointed a "special master," Prof. Lawrence Lessig of Harvard Law School, to take additional evidence in the case and report back to the court by May 31. Lessig is a well known legal expert who is also considered by many to be a "technophile" with detailed knowledge of the computing industry.
The timing could complicate release of Windows 98, the next version of Microsoft's operating system, which is scheduled to be available in the second quarter of 1998. The company had announced that its browser would be fully integrated into Windows 98.
The battle for control of the personal computer desktop has reached a fever pitch in recent years as Microsoft's traditional competitors in the operating system market, most notably Apple Computer, have lost influence and market share. At the same time, the rapid emergence of the Internet has made new competitors, especially Netscape Communications Corp., the publisher of the Navigator Web browser, a significant threat to Microsoft.
In his decision, Jackson wrote, "The probability that Microsoft will not only continue to reinforce its operating system monopoly by its licensing practices, but might also acquire yet another monopoly in the Internet browser market, is simply too great to tolerate indefinitely until the issue is finally resolved."
Joel Klein, assistant attorney general in charge of the Justice Department's Antitrust Division, said Thursday: "Starting tomorrow, choice will be restored to the public. No consumer should be denied the browser of their choice because Microsoft made their computer vendor an offer they couldn't refuse. That's why we brought this case."
Klein added, "This decision sends a clear signal to the market that they are free to develop and market their products on a level playing field."
I heard a so call expert say on T.V. (didn't catch the name) say when Windows98 comes out as a new OS it becomes a whole new argument, because the case today is about two separate products, then it will be one product.
So please remember in our debate here that I don't support the monopoly aspect...but do support MSFT's right to merge the browser into the OS. Any OS has to be upgraded to handle the desired use. |
