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Paul Merrell

Working to Fulfill our Legal Obligations in Europe for Windows 7 - Microsoft On The Issues - 0 views

  • Earlier today CNET reported that Microsoft had sent a memo to computer manufacturers and retailers about our plans for Windows 7 in Europe.  We’re getting quite a few calls on this, so we thought it would be helpful to explain our plans.
  • In January the European Commission provided its preliminary view that Microsoft’s “bundling” of Internet Explorer in Windows violated European competition law.
  • Windows 7 will be offered in Europe in all of the versions that will be available here in the United States, both 32- and 64-bit, with an “E” at the end of the product name (for instance, Windows 7 Home Premium E).  The E versions of Windows 7 will ship at the same time as Windows 7 ships in the rest of the world, and they will be available in 23 European languages. What does this mean for European consumers?  The E versions of Windows 7 will include all the features and functionality of Windows 7 in the rest of the world, other than browsing with Internet Explorer.  Computer manufacturers will be able to add any browser they want to their Windows 7 machines, including Internet Explorer, so European consumers who purchase new PCs will be able to access the Internet without any problem.  Consumers will also be able to add any Web browser to their PCs, to supplement or replace the browsers preinstalled by their computer manufacturer.  Most importantly, the E versions of Windows 7 will continue to provide all of the underlying platform functionality of the operating system—applications designed for Windows will run just as well on an E version as on other versions of Windows 7. 
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  • Our decision to only offer IE separately from Windows 7 in Europe cannot, of course, preclude the possibility of alternative approaches emerging through Commission processes.  Other alternatives have been raised in the Commission proceedings, including possible inclusion in Windows 7 of alternative browsers or a “ballot screen” that would prompt users to choose from a specific set of Web browsers.  Important details of these approaches would need to be worked out in coordination with the Commission, since they would have a significant impact on computer manufacturers and Web browser vendors, whose interests may differ.   Given the complexity and competing interests, we don’t believe it would be best for us to adopt such an approach unilaterally. 
  • In January 2009 the Commission sent Microsoft a “Statement of Objections.” In it the Commission advised Microsoft of its preliminary view that the inclusion of Web browsing software in Windows violates European competition law. The Commission said in this document that it intends to impose a fine for this. The Commission also said that, with hindsight, the remedy adopted in its 2004 decision was not effective because there was very limited consumer demand for the versions of Windows without media player. We were, of course, disappointed to learn that the approach we took in September 2008 would not adequately address the Commission’s concerns. Microsoft filed its response to the Commission’s Statement of Objections in April. We believe we made a strong showing that including Internet Explorer in Windows is lawful so that no remedy is needed. We hope that the Commission will ultimately agree with us. In the meantime, we have to move forward with final planning for the release of Windows 7, so we’ve decided that instead of including Internet Explorer in Windows 7 in Europe, we will offer it separately. As noted, we will continue to discuss browser issues and other matters with the Commission.
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    Note the emphasis that this is a unilateral move by Microsoft and a different remedy may still be forthcoming from DG Competition. In particular, not only the remedy as to bundling may be different, but other related issues remain, such as Opera's complaint that Microsoft had been undermining Open Web standards with inadequate support.
Paul Merrell

Europe to get Windows 7 sans browser | Beyond Binary - CNET News - 0 views

  • Microsoft plans to remove Internet Explorer from the versions of Windows 7 that it ships in Europe, CNET News has learned.
  • "To ensure that Microsoft is in compliance with European law, Microsoft will be releasing a separate version of Windows 7 for distribution in Europe that will not include Windows Internet Explorer," the software maker said in the memo
  • Microsoft confirmed the authenticity of the document but declined to comment further.
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  • Update, 12:20 p.m.: Microsoft has posted a blog on its law and policy Web site, in which one of its lawyers responds to our story.
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