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October 7, 2009 3:52 AM PDT

EU: Microsoft to test browser 'ballot screen'

by Ina Fried
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European Union regulators said Wednesday that Microsoft can go ahead and start using its latest proposed "ballot screen," which will let new users of Windows choose which browser--or browsers--they wish to use.

The decision to let Microsoft "market test" the latest version would seem to mark the wrapping up of the latest antitrust skirmish with Brussels.

More than a decade after Microsoft first started including a browser with Windows, regulators said earlier this year that they had reached the preliminary view that such an inclusion violated European antitrust law.

In response, Microsoft initially said it would ship Windows 7 in Europe without a browser at all, seemingly challenging the logic of the decision by the European Commission, the executive arm of the EU. However, amid indications that such a move would not fly, Microsoft in July offered a proposal that more closely matched what regulators and competitors wanted--a ballot screen that lets users choose which browser or browsers they wish to install.

Since then Microsoft, regulators, and competitors have been going back and forth about how that screen would look and operate.

"The improvements that Microsoft has made to its proposal since July would ensure that consumers could make a free and fully informed choice of web browser," Europe's antitrust authority said in a statement. Among the changes since Microsoft's July proposal is the agreement by Microsoft to add more information before users select a browser. Microsoft will now first present users with a screen explaining what a browser is and will then offer "Tell me more" buttons for each browser.

Under the revised proposal, Microsoft would, through Windows Update, make available for five years in the European Economic Area a screen allowing users of Windows XP, Windows Vista, and Windows 7 to choose which Web browsers they want to install. PC makers will also be able to install competing Web browsers and, if they choose, set those as the default browser and disable Microsoft's Internet Explorer.

"The Commission's preliminary view is that Microsoft's commitments would address these competition concerns and is market testing Microsoft's proposal in light of these requirements," The EC said in its statement.

For its part, Microsoft said it welcomed the European Commission's decision.

"For Microsoft, today's decision is a significant step toward closing a decade-long chapter of competition law concerns in Europe," general counsel Brad Smith said in a statement.

Update: Smith also spoke to CNET about the deal and its potential impact on others in the industry. Click here to read that interview.

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft. E-mail Ina.

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by empirestatebuddy October 7, 2009 4:11 AM PDT
Europeans are crybabies who can't compete.
Reply to this comment
by br1zer October 7, 2009 4:38 AM PDT
au contraire... Europeans welcome competition and not monoploies
by empirestatebuddy October 7, 2009 5:28 AM PDT
The free market works. Opera is doing quite well on smart phones. So is Safari. Firefox is doing great in the PC market. There's plenty of competition. The reality is that compared to the competition (on the PC), Opera just isn't very good. If it was, people would be using it. This ridiculous "ballot screen" won't help Opera's flawed browser one bit. The free market foils European socialism once again! LOL
by Random_Walk October 7, 2009 6:37 AM PDT
I guess the US were crybabies who couldn't compete when the US broke up Standard Oil, Bethlehem Steel, and passed the original Taft-Hartley Act, eh?
by yfan October 7, 2009 8:20 AM PDT
What are you talking about? As an American, I find this practice of some of us to diss our European friends abhorrent. The EU regulators are saving capitalism here - namely competition. Microsoft (and Apple, by the way) should compete on a level playing field when it comes to browsers and not be able to use its (their) status as the OS manufacturer(s) to avoid competition. It is the practice of bundling a product with an OS we pay for without giving the paying consumer a choice that is anti-capitalistic because it is anti-competition.
by luke_marsh October 7, 2009 9:13 AM PDT
I agree with this statement to a degree the EU is too much run by bureaucrats and not enough by the business community so they don't know how to market their innovations well or how to invest well for future innovation, things might change but for now the PC ect you probably use was marketed by an American / Asian group and not a company of the EU.
by empirestatebuddy October 7, 2009 9:50 AM PDT
The ballot screen:

"If you want to use the world's most popular browser, Internet Explorer, please press pretty button.

If you want to use any other browser, please solve a complex riddle... do a handstand... and then count backwards from 1,000."

lmfao!
by jtdoom October 7, 2009 1:10 PM PDT
Hi, the last thing the USA wants is anti-America feelings in the EMEA. Global companies need coop while maintaining healthy competition, not economic warfare. MSFT uses technology developed in Belgium in its latest products, and the MSFT evangelists told us about the difference between reactions to the technology he had just started to explain. In the USA the IT public went "huh?" end had virtually no idea what it should ask, whereas the Belgian IT audience started to discuss finer points in the tecnology. Do not tell us we cannot compete, it is just that we are not focused on the kill. Kind regards, Jaak (Belgium; I am a mecanic and hobbyist, formerly MVP)
by Random_Walk October 7, 2009 2:17 PM PDT
"Global companies need coop while maintaining healthy competition, not economic warfare."

Exactly.
by jezzur October 7, 2009 5:05 PM PDT
Another chest-beating American... I suppose you think you live in the best country in the history of the universe too?
by espeed623 October 7, 2009 10:56 PM PDT
I don't believe in international flamewars. American's aren't better people than the British and vice-versa.
by otte-o October 7, 2009 4:36 AM PDT
I assume that Apple will be making the same change to all the Macs that are sold there? (Do people in the EU buy Macs?)
Reply to this comment
by Philips October 7, 2009 5:30 AM PDT
No. Apple wasn't convicted of abusing monopoly position in OS market.
by codynews October 7, 2009 7:33 AM PDT
@ Phillips: Why not? On the PC people can run Windows or several other OS. As far as I know, all Macs *come with* OSX ONLY.
by Random_Walk October 7, 2009 8:20 AM PDT
Last I checked, Apple was not a convicted monopolist who used its dominant position in one market to force their way to dominance in another.
by yfan October 7, 2009 8:24 AM PDT
@ codynews: actually, you can run Windows on a Mac. But that's irrelevant. I agree that Apple should be forced to offer a choice of browsers with the installation of OS X just as Microsoft is with Windows. Fair is fair. This is about companies using an operating system that consumers pay for to expand their market share in another product, namely the browser. And what is good for the goose is good for the gander. It's time for regulatory bodies on both sides of the Atlantic (and both sides of the Pacific) to start holding Apple to the same standard as they have Microsoft.
by Lennron October 7, 2009 9:57 AM PDT
@ Random_Walk

Mac OS comes standard with Safari just as Windows comes standard with IE. Same goes with their media players. The only difference is that people have been smart enough to buy PCs instead of wasting their money on Macs. If Apple held over 90% of the market, how would it be any different than Microsoft?
by Lennron October 7, 2009 9:57 AM PDT
@ Random_Walk

Mac OS comes standard with Safari just as Windows comes standard with IE. Same goes with their media players. The only difference is that people have been smart enough to buy PCs instead of wasting their money on Macs. If Apple held over 90% of the market, how would it be any different than Microsoft?
by Random_Walk October 7, 2009 12:06 PM PDT
Doesn't matter what Apple/OSX comes with or doesn't come with - Apple doesn't have a monopoly in the computer or OS markets, and therefore cannot be seen as abusing a monopoly position.

Now once Apple gets a marketshare of 51% or more, then your argument would be relevant. Until then, they're not subject to the rules that a monopoly would be on the matter.
by jtdoom October 7, 2009 12:56 PM PDT
Hi, yes, Aplle sell Macs in europe. And, Mac buyers can choose to run MSFT Windows too. Kind regards, Jaak. (belgium)
by jezzur October 7, 2009 5:08 PM PDT
Anti-monopolism laws (and i'm not talking about the boardgame) are there to protect small fish from the biggest of big fish, similarly to how anti-racism laws are there primarily to protect racial minorities.... Sometimes it seems unfair.
by Yelonde October 8, 2009 8:27 PM PDT
Unlike Windows however, safari can be removed entirely from OSX, while Internet explorer cannot. This is the reason why the EU is so frustrated with microsoft. The fact that IE cannot be uninstalled is controversial, and because it cannot be removed, the EU has deemed it a monopolistic act.

Since safari can be removed from OSX, and considering that most Mac users use firefox over safari, I don't think apple needs to provide a ballot screen.
by DOTA AllMoons October 7, 2009 4:38 AM PDT
the EU is getting weirder by the day. wonder if the cold bit them?
Reply to this comment
by sharmajunior October 7, 2009 6:41 AM PDT
I think they got the swine flu instead.
by mistasandman October 7, 2009 4:53 AM PDT
I'm glad we don't have to put up with this stupid sh*t in America... Oh! and btw... Opera, Firefox, and Chrome still suck ;)
Reply to this comment
by RCharles October 7, 2009 6:06 AM PDT
No, we have to put up with monopolists who routinely rip off the average citizen.

MS is a CONVICTED monopolist in both USA and EU; the only valid debate is the correct solution to their illegal behavior. The US, under pres bush, let them off the hook. The EU has the guts to follow through with appropriate solutions that will improve competition.

RCharles
by Random_Walk October 7, 2009 6:38 AM PDT
"I'm glad we don't have to put up with this stupid sh*t in America..."

?

May want to look up some history there before you say that ;)
by Lennron October 7, 2009 7:42 AM PDT
@RCharles

Looks like somebody wasn't paying attention during the Microsoft trial in the US. They were not convicted of being a monopoly because they made the smart decision years earlier to buy part of Apple to help boost their sells just high enough to where Microsoft could not legally be declaired a monopoly.
by Random_Walk October 7, 2009 8:22 AM PDT
@Lennron:

You're either lying or ignorant, one of the two: http://www.usdoj.gov/atr/cases/f3800/msjudgex.htm
by yfan October 7, 2009 8:30 AM PDT
@ Lennron (and @RCharles),

Indeed, Microsoft wasn't convicted of being a monopoly. In fact, monopolies are legal in the United States, as long as those monopolies do not use their status as monopolies to stifle competition. Microsoft was convicted of using its monopoly status to stifle competition.

Now, this is about more than just Microsoft being a monopoly, though. Some people seem to take a perverse pleasure out of dissing Microsoft. I'm not one of them. To me, this is about the free market, and the right of a paying consumer to make an informed decision about their browser. As I have said before, both Microsoft AND Apple should offer choices of browsers at the time of installation for their respective OS's.
by Lennron October 7, 2009 10:05 AM PDT
@ Random_Walk

Everything was overturned and dropped in 2000, then entirely given up in 2001.
http://www.uscourts.gov/library/codeOfConduct/Code_Effective_July-01-09.pdf
Thanks for playing.
by dinojr October 7, 2009 11:41 AM PDT
@Random_Walk
The remedy was overturned but not the verdict. Thanks for playing.
by Random_Walk October 7, 2009 12:07 PM PDT
"The remedy was overturned but not the verdict."

I assume you weren't writing this in response to me (because I agree with it perfectly). :)

@Lennron: The veridct/conviction still stands, no matter what happened to the remedy.
by MeepMan November 7, 2009 2:24 PM PST
Oh! and btw...
Cell-phone language should stay with cell-phones, not the internet. Oh, and by the way, Internet Explorer is pure junk, as it does not support standards. There is no quality equivalent to it, as everyone else who made a product that bad just gave up. The second-worse in quality is ironically Safari, the other proprietary browser, which you did not mention in your quality comparison guide...
by Super2online October 7, 2009 5:19 AM PDT
The EU is about creating opportunity to exert power and steal money, nothing more.
Reply to this comment
by empirestatebuddy October 7, 2009 5:43 AM PDT
The EU is about helping a European company (Opera) that can't compete with American ingenuity. Let's be real here.
by RCharles October 7, 2009 6:08 AM PDT
You've got it backwards. The USA under Republicans is "about creating opportunity to exert power and steal money, nothing more."

MS is a CONVICTED monopolist in the USA.

RCharles
by Super2online October 7, 2009 6:17 AM PDT
If being real is about ignoring the fact that that the EU currently is fining (in the billions of dollars) Microsoft and Intel, and looking for opportunity to do the same with Google, then I will be ignorant of "being real" and choose to acknowledge the obvious. Notice you don't see them going after any EU countries for anything, only the American companies they can lock onto with a title of monopolist.

This agency has put up a massive neon sign to any competitor that says, "Please bring your complaints to us so we can rape every American software company remotely close to holding monopoly power of any wealth they have taken from our people"!

You are right on the American ingenuity part though. Thankfully I can give you that.
by Random_Walk October 7, 2009 6:41 AM PDT
Their sandbox, their rules. Don't like it? Don't sell there.

How hard is this for you folks to understand?
by Super2online October 7, 2009 7:48 AM PDT
@ Random_Walk - It's not about their sand and their rules. It's about understanding what's happening and not burying your own head in the sand.
by Super2online October 7, 2009 7:58 AM PDT
@ RCharles - The companies I mentioned don't hire based upon political affiliation. They hire based upon your ability to get the job done. We live in a world where all companies have equal opportunity to sell globally. Just because we do so, doesn't mean that we should have to put up with leglized thievery in every country. And by the way, Intel is NOT a convicted monopolist, yet these thieves are raping them with a multi-billion dollar fine. Ooops, there goes your whole convicted monopolist justification. Strike one, try again please!
by Random_Walk October 7, 2009 8:24 AM PDT
"It's about understanding what's happening and not burying your own head in the sand."

Ah, I see - so what do you propose we do about it? Invade Europe? Nuke 'em? Start a devastating trade war that would wreck numerous economies in the process? What?
by yfan October 7, 2009 8:35 AM PDT
@ empirestatebuddy,

I wholeheartedly agree with you that Opera can't compete with other browsers because it is an inferior product. However, that is not reason to put down the whole of Europe. Even as an American, I can say that Europe has contributed in significant ways in the browser market. Much of Firefox's open source development community is in Europe. Apple, Microsoft and Google (makers of Safari, IE and Chrome, respectively) have employees in Europe working on their products.

Furthermore, I don't think Opera Software ASA is controlling the EU regulatory body behind the screens. That's giving Opera Software ASA too much credit.
by cloudmatt October 7, 2009 9:38 AM PDT
@Super2online

In all fairness Intel got caught with their hand in the cookie jar.

http://news.cnet.com/8301-1001_3-10356876-92.html?tag=newsEditorsPicksArea.0
by Super2online October 7, 2009 9:48 AM PDT
@Random_Walk - The what to do about it question is a good one. One that needs to be addressed with serious debate by companies who find themselves in that postion, and those that are potential targets. You can't prevent companies from using government organizations to bully there way onto the desktop. But you could make some serious inroads into making it increasingly difficult for them to be successful at it.

I have lots of ideas, some that might be useful and others that may not work at all. But I"m not the expert, nor do I pretend to be. There are things that can be done within each company, as a group of companies, with legislators, and world organizations. I firmly believe that we as Americans have a long and proud history of standing up against this type of tyranny from Europeans and I don't think the time is now to cower down to this. It's time to fight (not with war as you suggest) and say it's ok for you to rob us of what we have rightlfully earned. Especially when you are not a convicted felone which is the case with Intel and Google.
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by cbscowards October 7, 2009 5:40 AM PDT
If you need a screen to tell you what a browser is, you probably shouldn't be allowed on the internet. Your PC will be a spambot within a week as you try to help out that poor Nigerian get his money out of the country.

The whole things seems silly and overblown to me. Look at IE's declining market share. Millions of people have discovered how to install and use another browser. The browsers all update themselves, so getting Windows Update involved seems like a bad idea to me.
Reply to this comment
by Hunnter2k3 October 7, 2009 6:01 AM PDT
I only wish they had done this sooner themselves rather than having this situation arise.

An Application Directory / Package Manager or whatever you want to call it would have been perfect for Microsoft.
They could have offered storage for competitors (at a price), they could have kept control of it all in an even more subtle way and generally, Windows users would have been better off.

Maybe this will cause a shift in thought patterns.
I certainly hope it does, a decent App Manager is the best thing ever when done right.
Add & Remove programs wasn't very nice because it still forced the programs to deal with anything, it was just a registry of entries to installer files.
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by Random_Walk October 7, 2009 6:32 AM PDT
I'm betting that this screen will have one convenient button to install IE with all the defaults (Bing, etc), and a complex, semi-long process for any other browser. ;)
by RCharles October 7, 2009 6:02 AM PDT
MS has, apparently, agreed with the EU anti-trust forces that it's behavior was illegal and it will stop. It is giving the end user a screen to select one of twelve browsers, which will then install and be the default browser. Recall that, in the US Netscape anti-trust case over browsers, Microsoft testified in court, repeatedly, that IE could never be removed from Windows. Now they have proven that that testimony was a lie, which all but the most ignorant knew at the time.

In that US anti-trust case the judge recommended that MS be broken up due to anti-trust behavior. But the then-new Bush admin gave MS a slap on the wrist and closed the case with a small judicial oversight process. We could have reached this EU solution with MS back then. Instead, the citizens of USA needed to rely on the EU for effective anti-monopoly enforcement .

So much for the Republican argument for Market Forces as the solution to every problem.

RCharles
Reply to this comment
by Random_Walk October 7, 2009 6:36 AM PDT
"Recall that, in the US Netscape anti-trust case over browsers, Microsoft testified in court, repeatedly, that IE could never be removed from Windows."

To be fair, that argument was given when Windows 95 and 98 were out, and that they had hard-coded IE into the OS deeply enough to make that somewhat true. They've since jammed it in even further.

They obviously didn't remove every trace of IE (hint: Windows Update will still work), but what they likely did do was to remove the front-end of the browser.

PS: Microsoft was convicted under the Clinton administration, but were only slapped on the wrist by that same administration's DOJ instead of forcibly broken-up... I'm guessing no Republicans were at fault for the failure. ;)
by codynews October 7, 2009 7:38 AM PDT
BOTTOM LINE: An OS *SHOULD* come with usefully tools... A web browsers is necessary... but even before then Windows was shipping with a light image editor, calculator, defrag, file explorer, document creation tools, etc. etc. etc.

Why all the huff and puff about IE? People are free to DL whatever browser they want, and MS should be able to include whatever (including one, several or none) browsers they want. As another EU apologist said "their sandbox, their rules". Shouldn't this go for how MS builds their software?
by Random_Walk October 7, 2009 8:39 AM PDT
So tell me - what is stopping Microsoft from including Firefox, Opera, or Safari with Windows, and let the user decide which one to use?

Oh, wait - that would be too frickin' obvious a solution, wouldn't it? ;)
by RCharles October 7, 2009 11:52 AM PDT
Random_Walk:
Federal judge rules against Microsoft 11/05/1999 Decision announced Clinton Administration

Case was appealed to D.C. Circuit Court of Appeals by Microsoft

Final settlement 11/02/2001 Bush Administration
by Random_Walk October 7, 2009 12:19 PM PDT
Now now, no cheating - there's a diff between the "final" settlement and the initial one (which was a big-arsed fine if memory serves).
by wjsteele October 7, 2009 6:59 AM PDT
I find it funny that people call Microsoft a "Convicted Monopolist." In fact, being a Monolopy is not, in and of itself, illegal. It is a determination that changes the basic rules of engagement for a company found to be a monolopy. Once determined to be a monolopy, competition rules are enforced, often retroactively.

This is the exact case that MS found themselves in. Interestingly enough, the rules that MS was found of breaking were not illegal before there was a determination of being a monolopy, but once they were, then the rules were "retroactively broken" due to that determination.
Reply to this comment
by Random_Walk October 7, 2009 8:40 AM PDT
"In fact, being a Monolopy is not, in and of itself, illegal."

You are correct. However, abusing your monopoly position to push the competition out is illegal. See also http://www.usdoj.gov/atr/cases/f3800/msjudgex.htm
by RCharles October 7, 2009 11:54 AM PDT
Thanks for the clarification. In the future I'll use more appropriate language when discussing Microsoft's illegal behavior.

Best

RCharles
by DrtyDogg October 7, 2009 7:54 AM PDT
the EU will not be satisfied until every copy of Windows comes with a big Opera sticker on it.
Reply to this comment
by Yelonde October 8, 2009 8:32 PM PDT
No, the EU will not be satisfied until Microsoft provides a fair way for all browsers to have an equal opportunity to reach users.
by rdwalton October 7, 2009 8:09 AM PDT
Next, the EwwwwU will be asking Microsoft to install an option to select which OS they want to use.
Reply to this comment
by Yelonde October 8, 2009 8:32 PM PDT
Good for us, now we at least have choices :)
by cloudmatt October 7, 2009 9:30 AM PDT
Puh-Leese! I don't get this gripe not with Netscape and not now.

1. What is held against one should apply to all. If MS has to offer browser alternatives other than explorer than it should hold for all operating systems from Apple to Symbian.

2. Say what you will against explorer I hate it to, But it is an essential thing to have a browser in your OS install even if the only use it ever sees is to download a better one. Browsers are tools now a days, just like the format command or word pad.

3. What next? offer a casio, Texas Instruments, or sharp calculator program. Wordpad is killing word processors so windows install must offer wordperfect or open office. In a class action lawsuit pogo.com, wildtangent and bigfish games will now have to be offered along with MS solitaire and minesweeper.

4. IT'S MS'S PRODUCT! Ford car comes with Ford engine, glass, exhaust, audio, seats, and even paint. You don't buy a ford and ask them to install a TRD racing package why would you you even expect MS to offer non MS products in it's own product.

5. Lastly they don't stop you from choosing others and don't charge you for their own. There is very few browsers that require you to actually buy them. Most all of them are free including Explorer. MS does not force you to use only IE if you don't know you don't want IE you probably would never know the difference.

The world just got dumber by mandated law. Love IE or hate it you were never forced to use it. This is the tipping point to a slippery slope and technology will suffer for it. The os will have to go ala carte and every one will want their dollar bill. I'm sure that all browsers that MS will have to offer will request their cut of the profit from the sale of windows...blah blah blah...higher production cost for MS...blah blah blah...price increase to keep profit margin...blah blah blah...we got boned not MS.
Reply to this comment
by odubtaig October 8, 2009 1:06 PM PDT
Whine whine whine.

None of your whining is going to change anything. MS have lost and that's the end of it so it's time to get with the programme.
by MeepMan November 7, 2009 3:01 PM PST
The EU is stupid because the problem is that IE was integrated and impossible to remove (similarly to the pre-installed games). Ironically, those should face just as much regulation from the EU, but NO, only the big markets get attention. I personally don't care, its just funny to see this inconsistency. In fact, those games can be opened by the run application simply by typing in generic terms, which is direct damage against other pinball/card/board/other games.
by EvanSei October 7, 2009 10:08 AM PDT
personally I would not mind having an browser choice screen in the US, I mean sure you can just go and download the browser from the internet, but I would rather just have it installed from the start and get into enjoying my new computer rather than having to go out and download all my programs before I can do anything. Maybe I read the article wrong but thats how I feel
Reply to this comment
by The1MegaByte October 10, 2009 5:55 PM PDT
Does anyone trust Microshaft? Do you really think they are going to give consumers the choice?
You know what will happen, no matter what browser you choose, Internet Exploiter will still be installed.

You can only choose a different browser at install? And not later on?

The EU should have continued to fight the good fight. And recouped its' costs of bringing a common knowledge monopoly to justice. And not followed Clinton's Willy example of quitting half way through, just because you're tired.
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About Beyond Binary

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft.


Beyond Binary is a look at how technology is changing our lives and the people behind all that life-changing stuff, with an extra emphasis on that which emanates from Redmond, Wash.

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