October 11, 2005 2:25 PM PDT

Antitrust truce frees rivals for bite at Apple

One of the most important turning points in the relationship between RealNetworks and Microsoft may initially have had little to do with Microsoft at all.

In early 2004, RealNetworks Chief Executive Officer Rob Glaser made several appeals to Apple Computer CEO Steve Jobs, asking him to make the popular iPod compatible with other companies' music services. In a private e-mail to Apple's top executive, Glaser reportedly warned that if Jobs declined, RealNetworks could be pushed to join forces with Microsoft.

The contents of Glaser's e-mail were leaked to the press by an undisclosed person. Jobs later told Apple shareholders that working with RealNetworks was simply "not worth it." Three months later, the scorned RealNetworks announced that it had successfully reproduced Apple's iPod technology with its new "Harmony" music tool. Apple cried foul--although it has never taken any legal action--while Microsoft remained silent.

On Tuesday, Microsoft came through loud and clear with a very public backing of RealNetworks' media technology and an end to the two companies' antitrust dispute. Glaser attributes the development of Harmony, which also provided compatibility with Microsoft software, with helping to open the relationship.

"When we did Harmony, I contacted Bill (Gates), and said I thought this was a good thing for consumers," Glaser said at a press conference Tuesday. "That began a dialogue that was the antecedent to these discussions."

Indeed, if the settlement of RealNetworks' $1 billion antitrust suit against Microsoft represents the closing of a chapter for both companies, their simultaneous alliance on Internet music shows how completely the digital landscape has changed for each in the past few years. It is now Apple, and its seemingly unending stream of digital music successes, that threatens the future for both Microsoft and RealNetworks.

According to lawyers for both companies, the settlement talks have been going on since early in 2005, after both companies began realizing they had complementary interests.

"It really took time to work through all the aspects," said Microsoft General Counsel Brad Smith. "If you just want to settle a lawsuit, that's one thing, but if you want to reorient a relationship, that takes more time."

Attorneys for both companies said there had been no specific trigger for the settlement talks, and denied that Apple's continuing dominance had been a factor.

"I don't remember the word Apple coming up," said RealNetworks General Counsel Bob Kimball.

An Apple representative declined to comment.

A Real step forward
The most immediate effect of the deal will be to give RealNetworks' digital music subscription service, Rhapsody, a substantial push ahead, while seemingly sidelining Microsoft's plans to launch a rival product.

As a part of the overall $761 million settlement agreement, Microsoft has earmarked $301 million for promoting and distributing RealNetworks' music and games products over the next 18 months. The Rhapsody service will be promoted on the MSN Music page and will be integrated directly into MSN Search results.

More ambitiously, a new version of the MSN Messenger chat software will include links to the Rhapsody service and will allow subscribers to send their playlists to each other directly through

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4 comments

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Interesting next couple of years...
At least Real has enough money (and direct support from Microsoft) to survive another couple of years of losing money almost constantly.

Maybe that will give the pair enough time to come up with a viable competitor to the iTunes/iTunes Music Store/iPod trilogy.

We'll just have to wait and see.
Posted by shadowself (202 comments )
Reply Link Flag
Apple's got nothing to worry about as long
as they don't infest their music with more DRM. I believe one reason Ipod is popular is because you can strip away the DRM by creating a CD.

As far as I know, you can't do this on the Microsoft side.
Posted by bobby_brady (765 comments )
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Rip CD's
You can rip the DRM from any store, by simply burning a cd and riping it back with a lossless format or MP3. ANY DRM
Posted by SystemsJunky (409 comments )
Link Flag
Real/Microsoft versus Apple.
Apple has nothing to worry about, and quite frankly never has,
Microsoft Windows is still a difficult to use as it ever was,
perhaps more so considering better plug n play and chip design
of the last twenty years, so I say please go ahead and try and out
preform Apple in any area.

Bill Gates has been unable to produce better products and I
suspect, never will, a sad indictment of the "weakest link in the
chain theory".

These arguements about compettition are still moot until
Microsoft 'actually' produce a competitive model, something I
doubt could ever happen.

Ross Bellette/.
Posted by Bellette (22 comments )
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