To: JBTFD who wrote (38623 ) 2/26/2000 6:36:00 PM From: rudedog Respond to of 74651
Mark - I have some limited personal experience on this topic, and also the record from the transcript. It is clear from testimony that MSFT offered financial inducements to OEMs to feature IE over Navigator. It is less clear that they offered negative incentives. The argument that the DOJ made was essentially that MSFT had so much power that they only had to "suggest" to get the message across. I was working with a couple of the OEMs in late 95 and early 96 and several had done deals with Netscape to include the browser on their desktop, and also to engage in joint marketing of various types. This was during the time when Netscape charged for their browser, but "very good" deals were offered to the OEMs. Initially, MSFT pretty much just matched the netscape offers but when it became obvious that Netscape had more momentum, MSFT increased the marketing programs and also determined that both their browser and their web server would be free... this was really making public what was going on behind the scenes, because the netscape deals were pretty close to free also. MSFT also pressured OEMs not to put anything on the desktop as shipped by MSFT - but only on the initial boot. This was called "Windows experience" and their argument was that they wanted a known and stable desktop at least for the initial installation. There was some technical merit to that argument but most OEMs felt that the real purpose was to exclude non-MSFT products from appearing in an equal light at first boot. Everyone was free to do whatever they wanted after initial installation, and virtually everyone did, so the install process consisted of a mandated "Windows experience" desktop to appear at least once, and then whatever subsequent installation the OEM wanted would automatically continue. THroughout that time several vendors, most notably CPQ on their Presario consumer line, installed Netscape Navigator as soon in the boot process as they could. Presario at that time configured a desktop that looked nothing like the "Windows experience" - or any other desktop I have ever seen. So all of the debate was over a screen that appeared midway through the normal initialization of a new machine, only appeared once, and might only be displayed for a few minutes, depending on what the user did and what the OEM had automated. So what you say is true but not really very important in the overall scheme of things. The real "abuses" that MSFT was engaging in were related to their development partnerships with smaller software companies, and not with the OEMs. But that hardly came up in the trial, leading me to believe that this prosecution was like going after Al Capone for Tax Evasion... they built a case around the evidence that they could easily gather rather than going after the things that were really a problem.