September 29, 2009 10:08 AM PDT

Microsoft rivals critical of browser 'ballot screen'

by Lance Whitney
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Mozilla and Opera are both unhappy with Microsoft's proposed "ballot screen" to let Windows users in Europe select their default browser, according to a report in The Wall Street Journal.

Microsoft's proposed browser ballot screen is its attempt to satisfy the antitrust investigation from the European Union over Internet Explorer's dominance in Windows. The screen would present the user with a menu to install other browsers, including Firefox, Opera, Google Chrome, and Safari, and let the user pick one as the default.

Microsoft became open to the concept over the summer as an alternative to removing IE from Windows for the European market.

At the time, the idea appealed to Opera CEO Hakon Wium Lie, who declared, "It's a happy day for us. We certainly think the ballot is good news and think it will give users a genuine choice." But Mozilla Corp. CEO John Lilly adopted a more wait-and-see approach, saying he wanted to see the specifics before reacting.

EU officials asked rival browser makers among others for their input on Microsoft's proposal, sending them questionnaires over the summer, according to the report.

After checking out the ballot screen and the proposal from Microsoft, the European Union for Interoperable Systems (ECIS), which includes Opera Software ASA as one of its members, said it presents too many hurdles for the average user.

According to Sunday's Wall Street Journal (subscription required), ECIS and Opera attorney Thomas Vinje said that selecting another browser requires "the user to confirm and answer threatening and confusing warnings and questions. Microsoft has cunningly found a way to accept the Commission's suggestion of a ballot screen, but to do so in a way that will be entirely ineffective."

In response to an e-mail from CNET, Vinje said that Microsoft's current ballot screen falls short of having any effect on competition since it fails to offer users a seamless and unbiased choice of browser. However, he felt the problem could be fixed with some trivial changes.

He said that despite choosing an alternate browser through the ballot, Internet Explorer would remain turned on and that only an additional procedure would allow the user to deactivate IE. So the ballot screen is simply installing another browser in addition to IE rather than offering users a choice of a single browser.

Adding an alternative browser is unnecessarily complex, according to Vinje. The ballot screen, set up as a Web page in IE, requires many unnecessary clicks, displays threatening warnings, and poses confusing questions before another browser can be downloaded and set up. He believes users will be discouraged from selecting an alternative browser.

The ECIS feels that a powerful, yet trivial change to Microsoft's proposal is needed: the ballot screen must be designed to offer users a seamless choice in which a single click for an alternative browser is sufficient to download and install that browser, without warnings or questions, and without leaving Internet Explorer active and visible.

"Choosing an alternative browser must not be more cumbersome than choosing Internet Explorer," said Vinje, "which can only be accomplished in a real ballot screen application--not in a Web page."

Countering with suggestions
Mozilla has said that a ballot screen is a good step, but as currently proposed, it's not good enough. A blog written August 18 by Mozilla's general counsel, Harvey Anderson, examined Microsoft's specific language and functionality in the ballot screen proposals. Anderson addressed several concerns and countered with his own suggestions.

Anderson praised Microsoft's effort to not include links or shortcuts to IE inside Office 2007 but said it should be expanded to include all Microsoft software. "If Microsoft applications need to launch a browser, they should only launch the user's default browser," he wrote. "The proposal should be modified such that this provision applies to all Microsoft desktop software, and certainly to the already announced Office 2010."

Anderson also expressed concerns about the ballot screen itself, saying IE could automatically become the default browser in a number of scenarios. It could end up as the default if the user ignores the ballot or can't figure out how to use it. It could also wind up the default if the user runs into problems trying to install one of the other browsers. But in this case, his only suggestion was that the ballot require the user to make a choice.

Finally, Anderson said that the ballot doesn't educate the user as to what a Web browser is or how each browser differs. "The ballot should introduce the user to at least a simple definition of what a browser is before offering the user a choice in browsers," he wrote. "It should probably go one step further and explain that the different browsers compete for superiority in the areas of ease of use, security, and customizability. "

Other voices have chimed in to criticize the ballot screen. Mitchell Baker, chair of the nonprofit Mozilla Foundation, detailed her concerns in a blog on August 17. Despite the user's ability to choose a different default browser, Baker said she believes IE would still have the upper hand with a prominent position on the Windows desktop and Taskbar.

"Choosing another browser as a 'default' does NOT mean that the other browser takes the place of IE," stated Baker in her blog. "For example, the IE logo ("shortcut") still remains unchanged on the desktop. The shortcut/logo of the browser the user has selected does not replace this, it is added elsewhere. As a result, the familiar location remains IE, not the user's choice."

Baker also expressed concern that the average nontechnical user may have trouble navigating the different screens required to choose a different browser. She said she believes the ballot screen only helps users download alternative browsers and should be designed to help them install, open, and make other browsers the default. "As proposed, we expect to see many people who want other browsers get lost in the process before they actually succeed in making an alternative browser their main browsing tool," she wrote.

The EU had hoped to wrap up this final phase of its investigation into IE, especially since all parties have agreed at least in principal to the idea of a ballot screen. But the competition could stall final approval if Microsoft is forced to wrestle with the finer points of the complaints.

Vinje believes that Microsoft only superficially accepted the EU's suggested remedy and that the ballot screen as designed does not restore competition. He said the EU will be careful to make sure that any proposed solution would be effective. And in this case, the ECIS would be surprised if Microsoft's proposal were accepted without "significant modifications."

On Tuesday, Microsoft spokesman Kevin Kutz said: "In July, we made a new proposal to address EU competition law issues related to Internet Explorer and interoperability. The Commission welcomed our proposal and announced it would assess its effectiveness. We continue to look forward to the next steps in this process."

Requests for comments from Opera and Mozilla were not immediately returned.

Update 12:15 p.m. PDT: Added comments from attorney Thomas Vinje.

Lance Whitney wears a few different technology hats--journalist, Web developer, and software trainer. He's a contributing editor for Microsoft TechNet Magazine and writes for other computer publications and Web sites. You can follow Lance on Twitter at @lancewhit. Lance is a member of the CNET Blog Network, and he is not an employee of CNET.
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Add a Comment (Log in or register) Showing 1 of 2 pages (38 Comments)
by bensobel September 29, 2009 10:21 AM PDT
Then EU should get a Windows version without any browser.
Reply to this comment
by DrtyDogg September 29, 2009 12:07 PM PDT
The EU was opposed to that idea.
by 02cfranklin September 29, 2009 12:50 PM PDT
having no browser at all with only end to confuse the standard end user even further
by Seaspray0 September 29, 2009 2:14 PM PDT
Microsoft is selling the operating system to the OEM's. It's the OEM's who sell the computer to the individual. The OEM's also have the ability to install any browser they so desire before selling the computer to the customer. Why isn't the EU bothering the OEM's over this? Well, who has the money? Microsoft of the OEM's? The EU is just following the money.
by gggg sssss September 29, 2009 6:11 PM PDT
the EU coudl devlop their own operating system if they had any clue. But they tried and failed. So sad
by shycelticwitch October 1, 2009 1:51 PM PDT
@ Seaspray... if that comment wasn't so scary I'd laugh. Why can't MS just leave the browser out and let the customer install what they want. Why make the OEM's (neutral party) responsible for the MS monopolization of the industry? They aren't selling software, they are selling computers that happen to have software installed on them, just like Apple. Mac comes with Safari, but allows me to use ANY browser I want, and more than one at a time. MS wants to control what you use, which is why this latest attempt to look "fair and balanced" falls flat on its face.
by Eyebol September 29, 2009 10:41 AM PDT
"It should probably go one step further and explain that the different browsers compete for superiority in the areas of ease of use, security, and customizability." So basically, they should do the work for the other browser makers? This is ridiculous
Reply to this comment
by jaxstephens September 29, 2009 11:33 AM PDT
I agree. While I'm not in the business of defending Microsoft, I think this goes too far. Why stop at web browsers? What about other types of software? And I support end users every day. Even if you try to make them read explanations of things and the like, they typically won't do it. People don't read text on computer screens; they skim for key words. They just want to click through screens like this ballot one as quickly as possible to get to work. The average person, quite honestly, doesn't care which browser they use. They only care that something--anything--let's them pull up web pages. And Microsoft shouldn't have to essentially do the marketing for other companies. I don't feel Microsoft should have to plug every possible hole in the process to make gosh-darn certain that users have a 100% equal choice between every possible browser. Ludicrous.
by dwinks September 29, 2009 10:49 AM PDT
Microsoft should just release a version of Windows 7 for these stupid bastards without ANY browser at all. Heck, better take out the games, wordpad, notepad, etc etc too. Oh, and there are competing programs to Explorer, so lets yank that. Lets not forget the replacement start menu programs, icons, etc, so those need to go too, to avoid unfair competition.

It'll be great, the EU will install Windows 7 and it will boot to a solid blue screen, no text, no start menu, no icons, NOTHING. Maybe if MS takes their moronic and stupid behavior to the extreme, they'll realize just how stupid it really is.
Reply to this comment
by gggg sssss September 29, 2009 6:11 PM PDT
solid blue screen - aka BSOD LOL
by Bob_Regal October 26, 2009 7:44 AM PDT
R.I.P Windows '95
gone but still stable
by streak24 September 29, 2009 10:55 AM PDT
"Finally, Anderson said that the ballot doesn't educate the user as to what a Web browser is or how each browser differs."

If a user doesn't already know what a browser is or the differences between the browsers, then I think these people qualify as nontechnical uses and any additional information MS throws up before the ballot screen will only "overwhelm" these users and will result in them simply selecting the MS solution anyways.

"Baker also expressed concern that the average nontechnical user may have trouble navigating the different screens required to choose a different browser. She said she believes the ballot screen only helps users download alternative browsers and should be designed to help them install, open, and make other browsers the default. "As proposed, we expect to see many people who want other browsers get lost in the process before they actually succeed in making an alternative browser their main browsing tool," she wrote."

Seriously, nontechnical users are probably barely even aware other browsers exist. And if these nontechnical users truly did desire another browser, they would have already Googled that browser and installed it based upon the directions at the alternate browser's website. So I don't see how they wouldn't be able to perform this relatively simple exercise again, especially if MS is making the other browser a click away during the windows installation.

To me it just looks like the other browser makers are hoping to get lucky during EU installs by getting a bunch of nontechnical users to click on their flashy browser icons so they can gain a one or two percent marketshare.
Reply to this comment
by tylrwnzl September 29, 2009 1:04 PM PDT
Interesting to note on that though, Mozilla and Opera are voicing concerns, but Google has been silent.
by rmva September 29, 2009 11:08 AM PDT
The EU is getting jerked around again by tiny Opera. This movie is funnier and funnier every time you watch it.
Reply to this comment
by gggg sssss September 29, 2009 6:12 PM PDT
sadder and sadder
by chabig83 September 29, 2009 11:24 AM PDT
Ease of use, security, and customizability are great. But how about mentioning standards compliance?
Reply to this comment
by jmitch18 September 29, 2009 12:08 PM PDT
Users don't care about standards compliance. If you were to say to the average user that their preferred browser poorly or greatly complied to web standards they would probably look at you blankly. They aren't interested and its only more technicalities that can confuse the user more.

Leave worrying about standards compliance to the web developers and browser developers.
by sparrowhyperion September 29, 2009 11:26 AM PDT
I miss the old days when an OS didn't completely rely on the framework of a browser for almost all of it's GUI capabilities. The two should be completely separate.
Reply to this comment
by DrtyDogg September 29, 2009 12:06 PM PDT
Then stick to DOS.
by VJGthe3 September 29, 2009 11:35 AM PDT
This is a joke... It is completely incomprehensible that a governing body has decided that MS must actually put their own product on a completely level playing field with all other options. I don't see Apple being forced to do the same. I understand that MS has the overwhelming majority of the OS market, but this does not pertain simply to web browsers. Why not the Wii and Opera? Isn't Nintendo giving themselves a competitive advantage when they bundle the Wii with their own software title (Wii Sports)?
Should we just give no default anything, and force the user to spend hours setting up their computer the first time?
Reply to this comment
by jmitch18 September 29, 2009 12:10 PM PDT
I agree! Apple shouldn't be allowed to ship with Safari as default (nor Chrome OS with Chrome ;-) dunno how that would work).
by snigglepop September 29, 2009 11:52 AM PDT
Those who don't support anti-trust enforcement such as what the EU is doing probably also wish AT&T wasn't split up, and that local, long distance, and the phone hardware itself were all still supplied by one company. Sure you could start your own phone company, but you'd have no customers because they couldn't talk to AT&T's customers...so you'd go out of business in a heartbeat.

Note that even AT&T was regulated from early on....they couldn't charge whatever they wanted.

Anti-trust enforcement has a purpose...if you don't understand why, take Econ 101.
Reply to this comment
by gggg sssss September 29, 2009 6:14 PM PDT
yes - the purpose, as exercised by the EU, is to protect the dumb and clueless from those even slightly brighter.
by mistasandman September 29, 2009 11:59 AM PDT
Something else the EU fails to mention... Is that a certain amount of the members on they're panel are also affiliated with Opera. It all boils down to these members of the EU trying to PUSH that stupid OPERA browser off on people.
Reply to this comment
by kojacked September 29, 2009 11:59 AM PDT
Like I've said before nothing Microsoft does will ever get these losers to shut up. Out of one side of their mouths they say the selection and installation process is too complicated. Out of the other side of their mouths they say Microsoft must add verbiage that defines what the browser is to the users and what each one offers. Less complicated or more complicated, what do they want? I'll tell ya: Microsoft to not ship IE with Windows. That's all they want.

The EU should remember these folks are COMPETITORS and not out for the welfare of the user. But of course the EU is out to make a buck so they need Microsoft's competitors to define what is "fair" so they have something to charge them with.
Reply to this comment
by ballmerisanape September 29, 2009 12:08 PM PDT
This is a perfect example when you create more government.. and allow it to oversee everything. There is a natural order.. things survive or fail based on their performance or sheer ubiquity.. just the way it is. The gov playing God by trying to control every aspect of the ecosystem is destined to fail... and ultimately hurts everyone.
Reply to this comment
by gggg sssss September 29, 2009 6:14 PM PDT
sounds like big O in the US
by jmitch18 September 29, 2009 12:13 PM PDT
They also aren't allowed to ship the new Security Essentials with Windows. I don't know how good it is but it's better than nothing. I bet these same people probably complain about having to buy antivirus software or search for a trustworthy free alternative.

The unfortunate truth is that Microsoft will always get hassled no matter what they do.
Reply to this comment
by macka7887 September 29, 2009 3:09 PM PDT
This wont work.
I use Firefox and I know at times I do not get pages rendering properly as they are for IE. There definitely needs to be Internet Explorer and another browser of the users choice.
Reply to this comment
by AppleSuxLeo September 29, 2009 5:04 PM PDT
A browser in an untegral part of an OS , just like it is on OSX.
Only diff is MSFT gives the EU weenies/pansies a choice , while Apple doesn`t make it obvious.
Next the EU will force auto makers to provide cars without engines. What a joke.
Reply to this comment
by Lennron September 30, 2009 2:56 PM PDT
"He said that despite choosing an alternate browser through the ballot, Internet Explorer would remain turned on and that only an additional procedure would allow the user to deactivate IE. So the ballot screen is simply installing another browser in addition to IE rather than offering users a choice of a single browser."
Wow. Let's all cry about having two browsers on our computer. If you're too stupid to know how to disable IE then you're not going to care if it's there or not. The computer I'm on right now has Firefox, Chrome, Safari, Opera, Avant, and Maxthon installed on it and I'm ignoring all of them until they upgrade and then see if they're actually worth my time (None of them are with their current versions.) The crybabies in Europe can deal with more than one browser.
Reply to this comment
by Hamranhansenhansen September 30, 2009 8:09 PM PDT
> I understand that MS has the overwhelming majority of the OS market

No, you don't understand. Microsoft has all 100% of the OS market, the whole thing, not the overwhelming majority. Literally 100%. Every dollar that is spent in the world on generic PC operating systems goes to Microsoft. That means there is no market, it's a monopoly. All of the market-based rules like invisible hand and so on do not apply. There is no market there. You buy a generic PC and the PC maker doesn't ship it to you empty and you buy an OS (choice); they don't ask you "Microsoft Windows or Apple Windows?" and then ship your PC with that choice and send the money to either Microsoft or Apple; they 1) put Microsoft Windows on there and they 2) charge you and they 3) send the money to Microsoft. No choice at all. It's not a market.

When you achieve a monopoly, the rules change for you. You can't increase the unit sales on Zune by making it a part of Windows and turning Zune into a monopoly. If Microsoft wants to make music players or Web browsers, they have to compete with other music players and Web browsers, not bash their competitors in the knees with Windows.

> I don't see Apple being forced to do the same.

The reason you don't see it is because Apple has only 10% of the personal computer market. If Apple every achieves 100% of the personal computer market, then you would have a situation that is analogous to Microsoft's current situation with Windows. Imagine if there were no HP, no Dell, no Lenovo, no white boxes, no PC's at all except for Apple. In that case, it would be quite likely that Apple would be forced to ship a menu of browsers, or possibly a menu of operating systems.

Similarly, you don't see Sony having to put a menu of browsers on PlayStation3, it is not 100% of the game console market. You don't see Palm having to put a menu of browsers on Pre, it is not 100% of the smartphone market.

Also, it's important to note: if you buy a Mac right now and you are a Firefox user, all you have to do to remove Safari entirely from your system is put the Safari icon in the Trash. That is it. There's just one Safari icon and it's in the Applications folder and you can put it in the Trash. You don't have to do a rain dance or get a consultant in or anything. Safari.app goes in the Trash and Firefox.app goes in its place and you're done.
Reply to this comment
by shycelticwitch October 1, 2009 1:56 PM PDT
Eloquently, intelligently and factually stated. I could care less if Apple ever has more than a 10% market share. Apparently that is enough to keep them alive and well, and producing phenomenal technology and software for me to use. As for the browsers? Bite the big one MS, and admit that NOT everyone is enchanted with what you have to offer.
by perfectblue97 October 2, 2009 5:19 AM PDT
"Microsoft is selling the operating system to the OEM's. It's the OEM's who sell the computer to the individual. The OEM's also have the ability to install any browser they so desire before selling the computer to the customer. Why isn't the EU bothering the OEM's over this? Well, who has the money? Microsoft of the OEM's? The EU is just following the money."

Maybe because the EU knows that Microsoft could ruin any OEM who stepped out of line simply by jacking up the price that it was charging them for Windows. That's a big threat hanging over the head of many companies, especially the smaller ones.

Additionally, IE is wired deeply into many areas of Windows. So deeply that the OEM can't remove it without making changes that would violate the DMCA and whatever the EU equivalent is.

Asking the OEMs to do this is like asking a GM dealership to open up the hood of the cars that it sell and to put Mitsubishi fuel control systems in.
Reply to this comment
by yfan October 5, 2009 11:38 AM PDT
This is all well and good, and I agree that Microsoft should provide a ballot with a real choice of a single browser - with the user's choice replacing IE. However, let's not forget that Microsoft isn't the only company with an operating system that is not free that comes bundled with its own browser. Apple's Mac OS X has come with Safari for a long time now, and I believe that the EU must impose the same restrictions on OS X. OS X must also offer a ballot letting the user choose a browser alternative to Safari. Opera, Firefox, Camino and Google Chrome are all browsers available on the Mac platform, and Apple should be subject to the same rules as Microsoft.
Reply to this comment
by jessiethe3rd October 21, 2009 6:28 PM PDT
Flippin' EU...
Damned if you do... damned if you don't.
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