EC to investigate new charges against Microsoft

By Scott M. Fulton, III | Published January 14, 2008, 11:26 AM

Surprising perhaps no one, the European Commission stated this morning in Brussels it will proceed with a fresh round of investigations against Microsoft, on some very familiar sounding allegations.

A complaint raised by the makers of the Opera Web browser that Microsoft's tying of Internet Explorer to Windows makes it harder for others to compete, is one of two almost nostalgic complaints which the European Commission agreed today that it will formally investigate.

The other complaint was raised by a familiar foe of Microsoft in Europe, the European Committee for Interoperable Systems, which we learned today had filed a separate complaint that Microsoft has not disclosed certain interoperability information regarding some of its server software, Microsoft Office, and the .NET Framework. The EC today characterized this not as a failure to turn over documents but rather as an "illegal refusal" to do so, implying that at some point, Microsoft stood firm on its declining to release some element of documentation. It is not yet clear which part that would be.

In addition, while the Commission happens to be in the investigation business, it said this morning it will add a third matter to the mix on others' behalf: "The Commission's examination will therefore focus on all these areas," reads this morning's statement from Brussels, "including the question whether Microsoft's new file format Office Open XML, as implemented in Office, is sufficiently interoperable with competitors' products."

Last month, the ECIS signed onto Opera's complaint in a written statement. "By tying its Internet Explorer product to its monopoly Windows operating system and refusing to faithfully implement industry accepted open standards," stated ECIS spokesperson Thomas Vinje at the time, "Microsoft deprives consumers of a real choice in Internet browsers. Browsers are the gateway to the Internet. Microsoft seeks to control this gateway."

Tests of the recent builds of both the release and beta editions of Internet Explorer using an accepted independent test battery called Acid2 showed the latest build of IE8 passed the test, and so did Firefox 3.0 Beta 2. The most recently patched version of IE7 failed the Acid2 test, though so did Firefox 2.0.0.11.

As the EC statement this morning goes on, "The complaint [from Opera] alleges that there is ongoing competitive harm from Microsoft's practices, in particular in view of new proprietary technologies that Microsoft has allegedly introduced in its browser that would reduce compatibility with open internet standards, and therefore hinder competition. In addition, allegations of tying of other separate software products by Microsoft, including desktop search and Windows Live have been brought to the Commission's attention. The Commission's investigation will therefore focus on allegations that a range of products have been unlawfully tied to sales of Microsoft's dominant operating system."

One "allegedly introduced" technology may be XAML, Microsoft's XML-based layout schema for active controls in Web pages. XAML also applies, however, to non-browser-based Internet applications such as Web services, including apps implemented in Silverlight. XAML applications will run through other browsers including Firefox so long as the Silverlight component (with the WPF/E engine built-in) is installed. However, Opera users have reported difficulty with apps that use XAML.

Opera Software has not yet released a statement on the matter, and the ECIS has yet to post a response to the EC's decision.

Update ribbon (small) 1:10 pm ET January 14, 2008 - This afternoon, a Microsoft spokesperson issued this comment on the matter: "We will cooperate fully with the Commission's investigation and provide any and all information necessary. We are committed to ensuring that Microsoft is in full compliance with European law and our obligations as established by the European Court of First Instance in its September 2007 ruling."

Comments

well a lawsuit is not always happy news, however it is an important process to "officially" ascertain and analyze information that would otherwise not be freely available.

perhaps, the eu, like many americans, are tired of being misled and deceived.

fortunately, the eu is empowered with the resources to review questionable practices and protect its people. i am highly interested in what they discover and see if our government has been looking the other way - again.

in my opinion, the eu plays a vital role than the american government does with issues like these.

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I wonder if there's a way for Microsoft to sue the EC for harassment, because clearly, that's what all this is. The EU should just disband the EC and spare all of us their BS.

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I feel the real problem here is the European Union. They see deep pockets on Microsoft and are jealous. They are the power hungry Union. They just want more of Microsoft's money. They are bullies.

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Hahaha. But Opera is based in Norway which isn't part of the EC.

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Meaning?

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...including desktop search and Windows Live have been brought to the Commission's attention

The search function is changed with SP1 and MS does not include any Live products in Windows, only links to download them!

When will this ever end!!

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