November 12, 2004 3:40 PM PST

Can Microsoft buy RealNetworks' silence?

As the list of Microsoft adversaries receiving multimillion-dollar legal settlements grows, eyes are now turning to streaming media pioneer RealNetworks as a potential buy-off candidate.

Following deals this week with Novell and a computer industry trade group, Microsoft's top lawyer called RealNetworks the last company standing in the software giant's "litigation path" as it seeks to overturn a seminal European antitrust ruling that could force it to break out applications bundled in its Windows operating system.

RealNetworks has been a key participant in Europe's antitrust actions against Microsoft, and last December filed its own lawsuit charging Microsoft with illegally using its monopoly in desktop computer operating systems to thwart competition in the market for digital-media players.

A representative for Microsoft declined to comment on settlement talks between the two companies, saying only that the RealNetworks case was still developing, with nothing new to report at this time.

"It's still in the early stages of discovery," Microsoft spokesman Jim Desler wrote in an e-mail.

In an interview, RealNetworks deputy general counsel Dave Stewart also declined to comment on the status of settlement negotiations with Microsoft. But he took what appeared to be a hard line, saying this week's settlements with Novell and the Computer & Communications Industry Association would not affect RealNetworks' support of the European Commission.

"The European Commission's decision is intended to promote competition and provide more choice to consumers and PC makers," he said. "Microsoft's payments to Novell and CCIA do not change the anticompetitive conduct condemned by the European Commission. We continue to support the commission."

Microsoft is challenging record damages and groundbreaking restrictions imposed by the European Commission in a March antitrust ruling. The commission found that Microsoft hurt competition in the market for digital media players, fined the company 497 million euros ($644 million) and ordered it to ship a version of its Windows operating system independently of its Windows Media Player product.

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