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Technology Stocks : Microsoft - The Evil empire -- Ignore unavailable to you. Want to Upgrade?


To: Bruce rosner who wrote (1363)7/19/1998 8:32:00 PM
From: Rusty Johnson  Respond to of 1600
 
The charges are specific ...

I didn't read that the DOJ was complaining about lack of competition. Maybe Microsoft is innocent. It will be interesting. Stay tuned.

usdoj.gov

"To protect its valuable Windows monopoly against such potential competitive threats, and to extend its operating system monopoly into other software markets, Microsoft has engaged in a series of anticompetitive activities. Microsoft's conduct includes agreements tying other Microsoft software products to Microsoft's Windows operating system; exclusionary agreements precluding companies from distributing, promoting, buying, or using products of Microsoft's software competitors or potential competitors; and exclusionary agreements restricting the right of companies to provide services or resources to Microsoft's software competitors or potential competitors."

From a DOJ press release in a previous post:

The DOJ charged that Microsoft engaged in a pattern of
anticompetitive acts, including the following:

1. In May 1995, Microsoft executives attempted to persuade an
internet browser software competitor--Netscape Communications
Corporation--not to compete with Microsoft and to divide the
browser market, with Microsoft becoming the sole supplier of
browsers for use with Windows 95 operating systems and with
Netscape becoming the sole supplier of browsers for
non-Windows 95 operating systems. Netscape refused to
participate.

2 Microsoft unlawfully required PC manufacturers to agree to
license and install its browser, Internet Explorer, as a condition of obtaining licenses for the Windows 95 operating system.

3. Microsoft now intends to tie unlawfully its IE Internet browser
software to its new Windows 98 operating system, the successor to
Windows 95.

4. Microsoft continues to misuse its Windows operating system
monopoly by requiring personal computer manufacturers to agree,
as a condition of acquiring a license to the Windows operating
system, to adopt a uniform "boot-up" or "first screen" sequence
specified by Microsoft. This sequence determines the screens that
every user sees upon turning on a Windows PC.

5. Microsoft's exclusionary restrictions forbid, among other things, any changes by an OEM that would remove from the PC
Microsoft's Internet Explorer software or that would add to the PC
a competing browser in any more prominent or visible way than
the way Microsoft requires Internet Explorer to be presented.

6. Microsoft has entered into anticompetitive agreements with
virtually all of the nation's largest and most popular On-Line
Service Providers and Internet Service Providers, firms which
provide the communications link between a subscriber's PC and
the Internet. These agreements leverage its operating system
monopoly by conditioning these Providers' inclusion in Windows'
lists on their agreement to offer Microsoft's Internet Explorer
browser primarily or exclusively through all of the channels
through which they distribute their services; not to promote or even mention to any of their subscribers the existence of a competing
Internet browser; and to use on their own Internet sites Microsoft
proprietary standards and tools that make those sites more
effective when viewed through Internet Explorer than when
viewed through competing Internet browsers. These agreements
have foreclosed competing browsers from this major channel of
browser distribution. More than 30 percent of Internet browser
users have obtained their browsers from their service providers.

7. Microsoft has entered into anticompetitive agreements with
Internet Content Providers (ICPs). Prominent "channel buttons"
advertising and providing direct Internet access to select ICPs
appear on the "Active Desktop" feature shipped with the Windows
operating system. These agreements condition an ICP's placement
on one of these buttons on the ICP's agreement not to pay or
otherwise compensate a Microsoft Internet browser competitor for
similar placement on that browser; not to advertise or even
publicly mention its placement on a competing browser; not to
promote a competing browser in any other way; not to allow a
competing browser to highlight and promote the ICP's Internet
content; and to design its Web sites using Microsoft-specific,
proprietary programming extensions so that those sites are more
effective when viewed with Internet Explorer than when viewed
through a competing browser.

8. Although Microsoft has sought to modify some of the
anticompetitive agreements with ISPs, OSPs and ICPs, the
modifications Microsoft has imposed (which condition
participation in Windows on the Providers agreeing to give parity
to Microsoft's browser) are themselves unlawful.

9. The complaint also charges that Microsoft recognized that the
success of Netscape's internet browser threatened Microsoft's
Windows monopoly on PC operating systems. Netscape's browser
presented such a threat because it was designed to run on several
different operating systems and afforded software developers the
opportunity to develop programs to run directly on the Netscape
browser. This would leave computer manufacturers and users with
a choice about which operating system to run on their PCs, leading
to more competition and lower prices for operating systems. This
threat was described by Microsoft CEO Bill Gates in a 1995
warning to Microsoft executives:

"A new competitor "born" on the Internet is Netscape. Their
browser is dominant, with a 70% usage share, allowing them to
determine which network extensions will catch on. They are
pursuing a multi-platform strategy where they move the key API
[applications programming interface] into the client to
commoditize the underlying operating system."

10. Microsoft set out to eliminate this competitive threat and to
win at any cost what Microsoft described as "the browser war"
between Internet Explorer and Netscape's Navigator browser, the
Department said. Reno added, "The Internet is an immensely
popular medium for communication, commerce, and the
information flow of the 21st century. No firm should be permitted
to use its monopoly power to develop a chokehold on the browser
software needed to access the Internet."

The Department is seeking preliminary relief to eliminate
provisions in Microsoft's licensing and marketing contracts that
restrict the ability of computer manufacturers to choose which
browser to install on their machines. It also seeks to eliminate
provisions that limit the ability of Internet service, online service and internet content providers to distribute and promote competing browser software.

Klein stated that the preliminary relief being sought "will not
require Microsoft to redesign Windows 98. Our main focus in the
motion for preliminary injunction is not the code--it's the
contracts."