To: Bald Man from Mars who wrote (6474 ) 5/4/1998 8:04:00 PM From: Maverick Respond to of 74651
Microsoft moves soften its aggressive tactics They may help defuse antitrust problems BY RORY J. O'CONNOR AND JODI MARDESICH Mercury News Staff Writers Three times in six weeks, on the eve of a crucial interaction with the federal government, Microsoft Corp. has seemed to flinch. In each case the software giant -- embroiled in an antitrust battle that could redefine the company -- made hasty, technical changes to its licensing practices. Microsoft officials say each change was a business decision, unmotivated by the company's legal troubles. Yet taken together, the moves softened some of the company's most aggressive tactics in its competition with rival Web browsers and content providers. For example, Microsoft says it will no longer insist that content partners promote only the Internet Explorer browser on some parts of their Web sites. Observers agree that the changes leave Microsoft in a stronger position as it battles -- in federal court and the court of public opinion -- the charge that it competes unfairly. By eliminating practices that were hard to explain away, the company can focus attention on what it considers its strongest argument: that Microsoft's competitiveness is good for consumers, because it ensures them the most innovative products. ''Each one of those was a smart move to defuse potential problems on the antitrust front,'' said Rich Gray, a partner specializing in antitrust and intellectual property at Bergeson, Eliopoulos, Grady & Gray, a San Jose law firm. It remains to be seen how well this new posture will work. One of the most important players in the chess match, the Justice Department, has nothing to say about the changes or their potential impact on the pending case regarding Microsoft's promotion of Internet Explorer. Nor do the concessions appear to have sidetracked federal or state antitrust enforcers, who continue pursuing a broader antitrust case against the company. Officials of several states said Thursday they may file a joint case within a couple of weeks -- a time frame dictated by the upcoming release of Windows 98. The Justice Department said its investigation into the company remains open.