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Technology Stocks : How high will Microsoft fly? -- Ignore unavailable to you. Want to Upgrade?


To: Brian Malloy who wrote (6663)5/7/1998 8:46:00 PM
From: Mick Mørmøny  Respond to of 74651
 
"Media trial" of MSFT is unjustified.

BN 5/7 Microsoft's Control of Desktop Is Focus of Probe (Update2)

Washington, May 7 (Bloomberg) -- The U.S. Justice Department
is training its sights on Microsoft Corp.'s control of the images
a user sees after turning on a personal computer, according to
documents filed in a federal appeals court in Washington.

In a civil subpoena sent to Microsoft in January, federal
antitrust enforcers demanded information on the restrictions the
company places on computer manufacturers ''relating to the
modification of the Windows startup sequence, desktop screen, or
'Windows Experience.''

The subpoena, attached to a Microsoft brief, also seeks
information about the company's dealings with Internet service
providers and software vendors as well as Microsoft's plans to
release its Windows 98 operating system with a tightly integrated
Internet Explorer browser.

The document provides new details as the Justice Department
and 13 state attorneys general decide whether to launch a broad
antitrust suit against the software giant in the next few days.
Federal investigators sought a wide range of information that
could support a claim that Microsoft is trying to buttress and
extend its monopoly in the market for PC operating systems.

Shares of Redmond, Washington-based Microsoft fell 3 points
to 83 3/8.

Desktop Control

Microsoft's control of the desktop and startup sequence has
drawn fire from critics who say computer makers, not Microsoft,
should control what appears on screen. Some PC makers have told
the Justice Department privately that they want more control, the
Washington Post reported last month.

The desktop is the first screen from which users can launch
applications after they turn on a computer. Microsoft requires
that the Windows desktop feature icons providing direct access to
a variety of Microsoft products, including its Internet Explorer
browser and the company's online service Microsoft Network. The
Justice Department could seek to allow computer makers to remove
Microsoft's icons, possibly substituting icons for rival
applications.
''That's important to Microsoft because it's their way of
advertising,'' said Giga Information Group analyst Rob Enderle.
''If you sell products, you would like your product to be seen
before anybody else's products are seen.''

A Microsoft spokesman wasn't available for comment. The
company previously said it doesn't bar PC makers from adding
icons to the desktop as long as they offer the complete Windows
package, including the Microsoft icons.

In the latest versions of the Microsoft operating system and
Internet browser, the desktop also features the Active Channel
bar, which allows computer users direct access to a variety of
Internet sites, including several run by Microsoft. Microsoft
critics say this gives the company the unfair advantage of
controlling not only the pathway, but also the destinations to
which it leads. Microsoft recently gave computer makers the
option of removing the Active Channel bar.

Financial Incentives

The startup sequence includes the images that users see
while the computer boots up, before the desktop appears. On
Windows computers, the startup sequence now must include
Microsoft's well-known Windows logo, although many computers
first show the manufacturer's logo. The Justice Department could
seek freedom for computer makers to feature their own logos for
the entire sequence or to sell the space to other companies as a
form of advertising.

Microsoft also provides computer makers with a variety of
financial incentives to ensure that Microsoft products are
featured prominently in Windows, Enderle said.

The Justice Department and state officials are expected to
announce their next move before Microsoft ships Windows 98 to
computer makers on May 15. The operating system is scheduled to
be available in retail stores on June 25.

The Justice Department, meanwhile, opposed Microsoft's
motion to exempt Windows 98 from a Dec. 11, 1997, injunction. The
court order, which Microsoft is appealing, orders the company to
give PC makers the option of installing a version of Windows 95
without the Internet Explorer browser.

The Justice Department said the federal district judge who
issued the preliminary injunction, not the appeals court, could
consider Microsoft's petition. ''The impending release of Windows
98 provides no basis for circumventing the district court,'' the
Justice Department said.

In the U.S. Senate today, Sen. Patty Murray, a Democrat from
Washington, called on the Justice Department to end its ''media
trial'' of Microsoft.
''I question if the Justice Department is indeed playing
fair,'' Murray said, accusing prosecutors of leaking Microsoft
developments to reporters. ''Today, I have again asked the
attorney general to explain her failure to resolve this matter.''