Comments on: Opera executive praises EU move
In an interview, Christen Krogh, the top developer of the browser, says the European Union is right to protect consumer choice in its latest move against Microsoft.
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MSFT should be forced to unbundle IE from Windows and allow OEMs to install whatever default browser they want. This decision could be based on regional preferences or negotiated deals with browser vendors (like they do with anti-virus software, etc.).
The same should apply to media players. The OEMs should be able to install WMP, or any other player.
MS does not, (and since the US DOJ ruling, cannot) place such restrictions on OEMs.
In other words, it's been almost a decade since MS had that luxury. Even prior to that MS didn't stop OEMs from including other browsers. They did stop OEMs from offering other OS options (but again, the US DOJ stopped that a while ago).
MS supplies versions of windows stripped of Media Player in Europe and Korea because of antitrust rulings there. Guess what -- nobody buys them!
There's nothing about windows that prevents OEMs from adding browsers/players.
There's nothing about windows that prevents customers from adding browsers/players.
I was saddened when the US gov dropped their case. EU have now picked up the challenge and I wish them well.
Part of the fine that Microsoft must pay should be spent on writing difficult test cases for web standards so that we can make sure that *all* browsers comply.
Written using Firefox running on top of Ubuntu Linux.
BTW, we have well over 100 senior citizens in a senior care center in my town using Ubuntu and Firefox. I set up the environment and administration takes a whopping 1 hr/month for 32 PCs. I overheard a teenager visiting his grandmother last month remark "Wow! Gram's got a butta 'puter! Dad, your Mac is toast!" (I am guessing that meant nice computer and Dad's Mac isn't worth beans.
Bottom line is, nobody is forcing anyone to use IE. If you want to be a Lemming, fine. But for godsakes, keep your stinkin government out of it!
I mean what next? Are they going to complain about Apple bundling Safari with OS X or Ubuntu being bundled with Firefox?
Stupid. Stupid. Stupid.
Whether Microsoft has broken the law or not does not depend upon Opera's market position. Microsoft did break the law, so they are to blame for this, not Opera.
Neither Apple nor Mozilla have monopolies and they are not breaking the law, so there is no reason to complain about them. Please educate yourself before spewing nonsense.
Opera is the browser of choice for mobile phones, by the way, a market with actual competition.
According to the EU MS are breaking the law by bundling a browser that enables you to download another browser of your choice. Can you please tell me how this is different to OS X bundling Safari or Ubuntu bundling Firefoix?
I use Opera on a Samsung Omnia which runs Opera and it's great but let's face it - Opera are a distant third or fourth and the alternative choice of browser on desktops is Firefox which has accumulated a 25-30% share in Europe despite the fact it has to be downloaded in most instances.
So what the EU are doing is stating that we should stop allowing MS to bundle IE in to Windows so people can choose the browser they want, download it and use it.
Brilliant! I'm glad my tax Euros are being so well spent!
1. EU and Korea force MS to offer Windows versions in their areas without Media Player in it. *Nobody* buys these versions. Yet MS has to take the costs to make them available.
2. EU fined MS $794 million in 2004 over the media player bundling, and documentation of protocols/apis.
3. In Dec. 2005 the EU started fining MS $2million per day for not providing protocol and api documentation. MS had already provided EU with the documentation, but the EU claimed that it was not sufficient.
4. On July 12th 2006, the EU fined MS an additional $450 million for the same reason, and threatened to raise the fine to $4.8 million by July 31st if MS did not comply. That's 19 days, FYI.
5. On September 2007, the EU turned down MS's appeal, and also ruled that MS would have to foot 80% of MS's legal bills.
6. On Feb 2008, the EU fined MS $1.44 Billion (with a 'B' this time - pls note) for non-compliance with the March 2004 ruling.
7. Now, Opera has sued MS and is about to be gifted a nice pay day check courtsey of the EU.
btw -- this non-compliance that the EU keeps complaining about? First they said the documentation wasn't sufficient. So MS went over everything, and added detail where requested etc. Then they said the documentation (of protocols and APIs) was not in the right format. So MS worked with them to figure out what format they should provide it in, and then reworked all the documentation. This *reeks* of dishonesty on the EU's part -- if they were really so interested in the documentation, they would have worked simultaneously with MS and would have been pointing out flaws during the process instead of after. You don't need 20,000 pages of documentation to specify the format you want.
You can draw your own conclusions... I for one think it's high time someone cut MS some slack..
Opera hasn't sued Microsoft -- EU has sued (or indicated that they will one day)
Opera stands up for web standards and has nothing to gain financially.
The best they can hope for is that the distribution model for browsers changes from monopolistic force-feeding to free choice.
Personally, I favor free choice.
* Opera hasn't sued Microsoft -- EU has sued (or indicated that they will one day)
>> Opera filed an antitrust complaint with the EU
* Opera stands up for web standards and has nothing to gain financially.
>> Opera claims it has lost countless sales due to IE being bundled in Windows. That's financial motive by any yardstick.
* The best they can hope for is that the distribution model for browsers changes from monopolistic force-feeding to free choice.
>> Free choice already exists. Nothing stopping OEMs from pre-installing a different default browser. Nothing preventing OEMs from offering a choice at first boot. Nothing preventing users from installing a different browser and making it the default. Nothing but choices.
* Personally, I favor free choice.
>> It's me who favors free choice. You are projecting your dislike of IE on everyone else.
Filing an antitrust complaint is the equivalent of reporting a crime. Opera reported a crime to the EU. It is Microsoft which broke the law.
Whether Opera has financial motives or not is irrelevant. What's relevant is whether Microsoft broke the law or not, which they did.
OEMs have in fact been sopped from pre-installing a different browser by Microsoft, which has forced them to keep IE.
That users can install a different browser doesn't change the fact that Microsoft broke the law.
This is not about disliking IE. This is about Microsoft breaking the law.
"Filing an antitrust complaint is the equivalent of reporting a crime."
>> Filing an antitrust complaint is actually more like suing someone in civil court.
"Whether Opera has financial motives or not is irrelevant."
>> How so? Financial motivation is a key factor in filing the case.
"What's relevant is whether Microsoft broke the law or not, which they did."
>> Not true. I'll refute this point towards the end of this post.
"OEMs have in fact been sopped from pre-installing a different browser by Microsoft, which has forced them to keep IE."
>> Not true. Your repeating it doesn't make it so.
"That users can install a different browser doesn't change the fact that Microsoft broke the law."
>> The fact that users and OEMs can install different browsers means that choice exists -- i.e. MS did not break the law.
"This is not about disliking IE. This is about Microsoft breaking the law."
>> This is all about disliking MS and disliking IE, and the EU treating MS as a cash cow. You can keep repeating that 'breaking the law' nonsense as many times as you want -- but that doesn't make it true. This is also about the EU trying to limit the dependence on a US company in European IT. It's 100% politics, 0% ethics, 0% technology.
About the breaking the law point you keep harping on about:
1. A browser is an integral part of an OS because users need browsers to 'run' online applications (webmail, online banking, social networking, photo sharing etc.). They have an expectation that any OS enable this straight out of the box. The classic computer science definition of an OS cannot apply to the market.
2. Choice exists:
- OEM can pre-install a different browser, set it as default, hide IE icons, etc.
- OEM can offer choice of browsers on first-boot
- Users can always install other browsers and set as default.
Hence, MS is well within it's rights to include IE in Windows -- so it broke no law.
"1. EU and Korea force MS to offer Windows versions in their areas without Media Player in it. *Nobody* buys these versions. Yet MS has to take the costs to make them available."
Microsoft riddicules the competition authorities by slavish compliance. Nobody will ever get them a second chance to do that.
"2. EU fined MS $794 million in 2004 over the media player bundling, and documentation of protocols/apis.
3. In Dec. 2005 the EU started fining MS $2million per day for not providing protocol and api documentation. MS had already provided EU with the documentation, but the EU claimed that it was not sufficient."
This is what the investigation concluded, what an independent expert appointed by Microsoft concluded. This is also what the competitors said. Microsoft delivered useless documentation for interoperability. It did not provide the information it was ordered to provide.
"4. On July 12th 2006, the EU fined MS an additional $450 million for the same reason, and threatened to raise the fine to $4.8 million by July 31st if MS did not comply. That's 19 days, FYI."
Because still no compliance.
"5. On September 2007, the EU turned down MS's appeal, and also ruled that MS would have to foot 80% of MS's legal bills."
Not the EU, the court of first instance blew the MS lawsuit against the Commision away because it was baseless. They were right on the fact that Microsoft had no right to appoint the expert that delivered the opinion. Thus 80%, not 100%.
Microsoft decided not to appeal and the Commission reached a dinner deal with Ballmer and even bowed in to the baseless charge of "trade secrets" in interface documentation.
"6. On Feb 2008, the EU fined MS $1.44 Billion (with a 'B' this time - pls note) for non-compliance with the March 2004 ruling."
A settlement for continued non-compliance. Pocket money for Microsoft.
"7. Now, Opera has sued MS and is about to be gifted a nice pay day check courtsey of the EU."
Opera filed a competition complaint in 2007. Now there is a statement of objections to which Microsoft has the right of a hearing and a right to respond. Instead we will see the political bullying against competition authorities once again,
As tying is illegal the legal facts and the court precedence speak in favour of the Norwegian company. The authority is like a court, one complains the Commission investigates, investigates the case, hear the party and its arguments and issues a ruling. Every market player expects you to comply. Microsoft was the first company that refused to comply, a novelty in competition enforcement in the EU. If you fail to comply with the ruling you get punished.
If you are sentenced by a judge to two weeks of community work for a crime and you don't comply with the ruling, the court will issue an arrest warrant. It is similar in the competition case despite that the means of criminal enforcement are not available.
There is not a single smart phone OS that does not ship with a browser bundled on it. Not a single one. And no -- Opera Mini and Opera Mobile are not part of any of those OSes. Yet, Opera manage to do well in the mobile realm. Ergo, bundling does not hurt them.
You know what does hurt them? There is nothing compelling about Opera on the desktop that causes users to install their browser. Don't get me wrong -- Opera is a fine browser -- I like it a lot. But what does it do that would make somebody seek it out? Absolutely nothing.
Of course bundling harms competition.
IE would have far fewer users if it hadn't been for bundling.
Would you willfully have downloaded IE (30MB?) and rebooted your machined to use a sub-standard browsers. Few people would.
Opera has a fair competition with Firefox, Flock, Chrome and any browser that is not IE. Opera has less users than any of the browsers I named.
@dhavleak
Two problems with your argument.
1)Most IT departments control what is and is not able to be installed on a companies machines, this includes the browser.
2)By bundling IE into MS, the IT department has no need to go out and find another browser which may in fact be better than IE.
That's just one example of why bundling can and does stifle competition. It's not the fault of the IT department, they're simply trying to protect company assets. If given a choice of browsers on installation, they'd most likely do some research to decide on the best candidate and then install that one before locking down the computer.
i've been at several companies where the IT departments just install firefox on all of the computers it really isn't that hard for them to do.
Bundling alone does indeed NOT stifle competition. However, Microsoft's illegal abuse of its monopoly power DOES.
Opera on the desktop is smaller, faster, more secure, and has more features that are better integrated into a complete package, and blah blah blah. Just because YOU don't like it or see a reason to use it doesn't mean that no one does.
Opera has more users than Chrome. GOogle says Chrome has 10 million users, while Opera has more than 30 million users.
Opera has more users than Flock as well.
Your comparison fails for the other two browsers, though. Opera is the only independent browser. The others are either backed and funded by huge corporations (Mozilla) or use browsers as a loss leader (Chrome).
The different business models for Flock/FF/Opera/Chrome actually invalidate Opera's case. They simply prove that Opera has not figured out a viable way of monetizing their product -- and that is nobody's fault but Opera's.
disclaimer: i'm a mac user, and as soon as i got the computer i downloaded firefox via safari. so who the heck cares what browser comes pre-installed? anything that gets me back to my browser of choice is just fine.
In the case of IE, you can't uninstall it, so it stays on your PC occupying disk space even if you never use it.
Microsoft does not forbid OEMs from installing another browser
and if you look up IE or how to uninstall it you'll realize why they made it so you cant uninstall it easily (though it can be done, but you should read the full page of warnings that accompany all the instructions on how to do it that i saw). It is integrated deeply into thee operating system and without it installed many parts of windows will not run properly.
fyi
"an average american buys a new pc, goes home, and it has NO browser on it at all..... how does this work?"
OEMs will preinstall a browser.
cwlqwp: Microsoft DOES forbid OEMs from installing another browser. And it CAN be uninstalled, as demonstrated in the trial in the US. If MS has tied it even more tightly into the OS after that, it's Microsoft's own fault. Furthermore, you can leave the engine for other applications, but remove the parts that make up the rest of IE.
celticbrewer: Machines will not come preloaded with multiple browsers. Machines will come preloaded with one single browser -- the one OEMs choose to install. Your argument is a straw man.
Wake up. It's the 21st century. Web browsers are an integral part of any connected device. Just like calculators and shells.
It is also quite funny that these "consumer advocates" do not complain about Apple bundling Safari with OSX and countless other operating systems (not just PCs, including mobile devices like smartphones) bundled with their own choice of browser.
It is about grabbing some more money from Microsoft and giving EU software industry unfair competitive advantage. DEFINITELY NOT about consumers...
they make both the hardware and the software !
So they can choose wat software to add and remove without barriers and EU rulings !
one of the many benefits of a closed system !
but ya the EU is clueless about computers ! and should not get involved !
I bet you someone is paying for this to happen !
It's because Apple is a OEM , meaning they make their own computers
So they choose wat Browser or other software thats pre-installed on the machines
there's no third party involved, So Apple have complete control on everything
it's also why you Don't see n e pre-insalled crapware on their machines
many people look down on closed systems, But they have many potential benefits !
Apple isn't a monopoly, as per antitrust law.
Microsoft is not a monopoly. We have a free market, anyone can choose. Monopolies only exist when EVIL GOVERNMENT gets in the middle. I don't run MSoft on anything in my home. 7 systems running Ubuntu, 3 RedHat Enterprise and 1 Sun.
So knock off the government loving double-speak. I hate Microsoft, but they have no monopoly. I hate Apple, but they have no monopoly. I hate all government even more, and they have a monopoly. I hate the EU more than any government body on Earth ('cept the frigging triple corrupt UN) and try to get them to cough up their power. Ain't gonna happen without lots of munitions and millions rioting in the streets. Now THAT is a stinkin monopoly!
>>> So a particular offense is acceptable at 10% market share but unacceptable at 90% market share? As Apple's grows, at what % market share do you recommend they be told that they should not bundle Safari any more, and why?
@seven7dust: "It's because Apple is a OEM , meaning they make their own computers. So they choose what Browser or other software thats pre-installed on the machines. there's no third party involved, So Apple have complete control on everything"
>>> You forgot to explain why this is okay. You confirmed my point about Apple's model offering no choice -- but did not explain why it's ok.
"it's also why you Don't see n e pre-insalled crapware on their machines. many people look down on closed systems, But they have many potential benefits !"
>>> Yes, it works extremely well for them -- no denying that. As Apple continues to see success, and the EU continues to fine MS, Apple's share may eventually rise beyond MS's. At what point along the way should we stop celebrating their closed approach? Or perhaps we should just have consistent rules that apply to all players irrespective of market share?
1: Indeed, monopolist have to play by different rules. If you have 90% of the market, you can't do what you could when you had 10%.
2: It's OK for Apple because Apple is not a monopolist
3: Various governments are already looking at Apple, so don't you worry about that.
Watch out Google, Apple! (I believe many US companies now are on trial by the EU.)
Firefox and Opera are not full standard-compliant, just like Internet Explorer. Both of them are more compliant of course, but there are no browser in this planet that has implemented all the specs in CSS3 and HTML4/XHTML1.1.
You seem to know a browser that is fully standard-compliant, care to enlighten us here readers of CNet?
Look at the various browsers' approach to the famed Acid tests. Safari and Opera fight to comply first, Mozilla follow up when their shipping schedule allows, and Micrsoft must be dragged by their feet only after thousands of people in the web standards community scream and shout for years.
Please EU, make sure Microsoft complies. There's no point in them driving on the left side and everyone else driving on the right.
The EU is probably running out of tax revenue and decided that it could grab some quick cash by suing foreign companies.
Safari runs on Windows as well. Next, Apple will sue MS, Mozilla, and Opera for colluding to stifle Safari sales. When MS buckles and adds Safari, AT&T will sue because their browser (Pogo) is at a disadvantage. When MS buckles and adds Pogo, Flock will sue because they are at a disadvantage...
On first-boot you will have to select your default browser. At some point the list will become so large -- some browser maker will sue MS because their browser appears on the *second page* of options -- so they have a very low probability of being selected..
Opera did not sue Microsoft. Opera reported to the EU that MS was breaking the law.
There is no need to preinstall multiple browsers. The OEM you buy the computer from will install a single browser of his choice.
There are a few options they could do:
1) Have a list of web browsers, which when clicked will download using FTP of wget
2) Have other browsers "lite" versions pre-installed with them
3) Cut down IE to a bare-bones shell (maybe even use an open source renderer), get rid of the kernel link and replace that with a more secure version for network browsing.
Also have a version for those who still require usage of ActiveX and custom IE interfaces.
I'm liking 3 myself. Microsoft really need to focus on doing other things, their browser is so outdated, the speed in IE7 is quite terrible, as well as the GUI.
They really should just give up with this one... it is too much of a hassle, they just can't keep up. (or won't, almost as if they are trolling the entire web community)
Great list of options -- these are so sensible -- now I'll have to educate my grandparents on all these choices so they can make the right one. I can see that you're really concerned about the consumer there..
Get real dude. Most computer users don't care about these politics. They just want a functioning computer with minimal effort possible.
The obvious answer is that OEMs will preinstall the browser of their choice.
The browser is so overrated. IE has always been there, so how did Google take the search crown?
The US government should protest this. It's outrageous.
Anyone, just Google Microsoft Anti-Trust Department Justice and you will see the truth.
Bershi, I suggest that you move to China since you love evil government control so much. In the meantime, I am going to fight like heck in the USA to cut the evil choke of government from every party.
Written on the open standards free browser Firefox, running on top of the open standards free OS Ubuntu.
What do you bet that you use Apple, from the evil empire of the tyrant Steve Jobs? Love that control over you, don't you? :-{P
AND TO THE MORE OBVIOUS POINT:
So um... If you don't include a web browser with your operating system (like how ubuntu has firefox), how exactly are you going to get on the internet to download Opera? BY MAGIC!!!!! Because everyone has Internet Protocol built into their brains.
I always knew Europeans where magical little elves. :)
but MS should seriously screw the EU and stop selling windows there
that would be a sight to see !
Apple is not a monopolist. Microsoft is. Monopolists have to play by different rules.
A browser will be included with all new PCs. The OEM will pre-install one for you.
Well, duh, they do and it was simple to do.
The Europeans are going to the well one time too many and risk a serious backlash from Americans over this abuse of power. Be careful EU comission, you may awaken a sleeping giant.
Microsoft has polluted the web long enough and need to clean up their act.
Try uninstalling IE completely so that no trace is left on your machine. If you can do that without harming your OS, I'll agree to your point. If not, you have no point. With Ubuntu I can completely uninstall Firefox so that zero traces are left on my machine if I so choose. With Apple, you can completely uninstall Safari if you so choose. With Windows, if you try and uninstall IE you get warnings that this will destabilize your OS. They don't mind you using another browser as long as theirs is still around.
follow this link for instructions, it's in the second section (the first is just how to set another default browser)
http://kb.mozillazine.org/Uninstalling_Internet_Explorer
You are an ignorant fool.
Remember the antitrust case against Microsoft in the US?
That you personally can install another browser does not change the fact that Microsoft broke the law.
Let me bite off the hands that feed me.
Ignorant fool.
The EU is using antitrust laws, which also exist in the US.
In fact, a similar suit was brought against MS in the US.
But I guess it's only bad if those evil liberal commie Europeans do it :D
Sorry to tell you MSFT investors, but the days of 20% returns are long gone, and they have been for a long time. Making excuses for you multinational conglomerate will not change their sad story.
Move on. Grow up. Do something different.
Oh, wait. You're a Microsoft acolyte. You don't know how to do something different, with the possible exception of making something called a "Zune." Good try, but not good enough.
I am definitely not going to cry over netscape, which were even more of an *******! I remember that during my first years of surfing the internet (before Microsoft, bless their souls, came out with their IE), Netscape browsers SOLD their browser for hard cash. And at the time I did not have the NIS 50.00 required to buy a Netscape browser, and I don't remember how I surfed, but the point is that IE was the first FREE of charge browser - both OPERA and NETSCAPE were available ONLY for purchase.
Today, I surf with both OPERA and IE, since both have their pros and cons.
Therefore, I welcome EUs intervention in this case.
It's always MS's fault other companies can't sell or give away their "superior" products to all the people of the world
Libertarian my arse! ROTFLMAO @ U! You dictator loving government hugging wanna be controlled freak.
You seem to be highly frustrated by your government. My sympathies.
I do think it's compatible with libertarian views to support a basic set of rules, a foundation that establishes a level playing field.
A private monopoly like Microsoft is certainly not able to do so.
Windows should come with an array of browsers (IE, firefox, opera, safari, etc), and just ask which one to install at first use, Microsoft must provide to others browsers vendors all the relevant api & doc in order to allow their product to integrate themselves as IE is allowed to do within Windows. I should simply be able to completely remove IE from Windows.
I dont follow the argument here. The EU is claiming that because Microsoft sells a product successfully, and because people in Europe buy this product because they enjoy using it, that it now must be dismantled?
That would be like a bunch of Americans showing up at an Italian Barilla pasta processing facility to demand that they use 50% imported ingredients from AMERICA because in Italy, they make thier pasta using only Italian ingredients. Does that make sense to you?
Should sausage makers in Germany now be required to import pigs from America so that its not an entirely German sausage? Maybe people like the fact that German food taste's uniquely German, and maybe some people purposely go out of thier way to buy Barilla pasta because it tastes better! And you know what? Maybe people in Europe purposefully buy Microsoft products because thats what they want!
Wow!!
Is this criminal thinking? Is the EU going to muzzle me now because I'm speaking with a FREE mind!?!?
Don't let your government tell you what to buy - YOU make that choice yourself.
Oh, and you also happen to be able to browse with it, perfect for retrieving something that browses better.
Yet another comment that shows that this individual is completely ignorant of antitrust laws.
Hogwash! I am no Microsoftie apologist, I don't even use their crappy browser. This is another attempt by a weak Western European cannot compete in a free economy company.
Get lost Opera! You had an OK browser 7 years ago, but have been passed up by the vastly superior Mozilla and Chrome browsers.
Written using Firefox running on top of Ubuntu Linux.
Nice one.
Did you know that Microsoft logged antitrust complaints against Google in the US and EU?
Did you know that Google logged antitrust complaints against Microsoft in the US and EU?
Guess both of them are weak American cannot compete in a free economy companies then, by your logic!
Two scenarions:
a) IE comes preinstalled with Windows and some users download an additional browser. This results in a 70% market share for IE.
b) Users of windows or their OEM can select what browser to install while Microsoft may keep the essential IE libraries in the system.
Honestly, what would be the market share of IE if the market would decide which browser comes preinstalled
I assume that there is no pressure on OEMs not to include another browser as default. Maybe the Commission has actually evidence for that. You may wonder why it doesn't happen that your computer comes with FF preinstalled.
the only thing it think is different is that the EU is using the money to fill in for shortfalls from their tax revenue because the economies of member countries tend to be pretty weak. Their probably worried about making up for next years tax revenue losses from the economy and decided to sue microsoft to make up for some of it.
BAD EU.
Enforcing their own laws?
COMMIES!
Never mind the fact that the US courts took MS to task for the EXACT same thing (violating antitrust laws).
GO AMERICA! BOO FACTS!
- by saintseminole January 17, 2009 5:26 PM PST
- I don't see the problem. Maybe computers are different in Europe, but I thought we all had the choice to use whatever browser we wanted to. I've always used Windows computers, but I haven't used IE in years. Microsoft could not and DID not prevent me from installing Firefox, Opera, and others over the years.
- Like this Reply to this comment
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- by NicoVanDamus January 17, 2009 9:46 PM PST
- The issue is that the ruling oligarchy of the EU need reasons to justify thier bloated bureucracy.
- Like this
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- by plings January 19, 2009 8:57 AM PST
- @NicoVanDamus
- Like this
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Showing 1 of 2 pages (124 Comments)Again, can someone explain what the issue is here?
So how do you explain away the fact that the exact same kind of case was brought up in the US?