Adobe CEO Not Threatening MS Lawsuit

By Scott M. Fulton, III | Published November 20, 2006, 12:48 PM

A Reuters story this morning suggested that Adobe CEO Bruce Chizen, in an interview with the German financial weekly Euro am Sonntag (The Euro on Sunday), threatened to sue Microsoft if it the outcome of antitrust proceedings against that company by the European Commission did not turn out in Adobe's favor.

However, our read of a semi-decent Google translation of the actual interview fails to indicate Chizen made that pointed of a threat.

Instead, Chizen declined to exclude the possibility of legal action against Microsoft as an alternative to co-operating with it in leveling the playing field for Adobe's Portable Document Format, should Microsoft resume what Chizen described as illegal behavior.

Last June, Adobe had complained that Microsoft's once-planned integration of its own XPS into Office 2007 could preclude Windows users from using Adobe's PDF format, which is featured in its Acrobat suite of applications. An earlier beta of O2K7 tried sharing "Save as PDF" in the same menu as "Save as XPS," though the latter was listed first.

Rather than risk a court fight, Microsoft chose to drop direct support for both portable formats, instead offering that support as a separate add-on for download from its Web site.

In the interview published last Sunday, Chizen said his company has already had two years to adapt to the reality of Microsoft offering some form of PDF functionality -- either directly or indirectly -- with Vista. But the actual translation of the format and the viewing of the documents, he said, represents a very small portion of Adobe's business. Customers still purchase Acrobat for its unique capabilities, such as live collaboration in the creation of portable documents, and the binding of completed documents to other applications.

However, Chizen remarked, whether Microsoft offers PDF functionality inside Vista or Office itself, or as a separate download, makes no difference to him. It's still offering this functionality; the question will remain, is it doing so in such a way that uses its monopoly advantage against Adobe unfairly or illegally.

When asked "But do you not exclude [the possibility of] a complaint?" Chizen responded that Adobe is always keeping watch over whether a competitor is behaving illegally or holding back. If this ended up being the case today with Microsoft and XPS, he said, Adobe would have two options: Either sue Microsoft directly, or cooperate with the EC and continue to supply it with the information it needs to pursue its case. Presently, Adobe chooses to do the latter, but it continues to look ahead.

There's a lot of "if's" in Chizen's remarks, which appear to leave it to the EC to determine the legality of Microsoft's behavior. But while Adobe maintains that behavior could still negatively impact its business, Chizen made it clear he does not believe it could go so far as to cripple it entirely. Toward the end of the interview, Chizen reminded the reporter that Adobe's business model for PDF as well as Flash relies on the success of developer tools, "increasing the spread of these technologies that drives the demand and, thereby, our business."

Besides the PDF controversy, Chizen was reminded during the interview, Microsoft keeps becoming bigger competition for Adobe, including in the fields of digital photo editing and diagramming software. Doesn't that create new fears for Adobe? Chizen was asked.

"Naturally I'm worried about Microsoft. Every day," responded Chizen in German, with BetaNews translating from Google-ese. "That company's a monopoly with almost unlimited financial possibilities. Microsoft has tried again and again to attack our business. Already, they accomplished this for 20 years. They began by trying to offshoot our PostScript page description language, then against Photoshop, then Illustrator, and now Acrobat. But every time they've tried, they completely missed the mark. Every time. As long as we're better and faster with our innovations, and continue listening to our customers, we'll stay out in front. Provided, of course, our competition doesn't compete using illegal methods."

At another point in the interview, Chizen praised Google for helping to change the business model of the Internet, as well as for occupying much of Microsoft's time and effort, helping Adobe concentrate on other things. He called Google "at the same time, our heat shield and an important partner," citing Google's choice of Flash for streaming presentations over Google Video.

There's no way Adobe could offer application-like services over the Web, like Google does, using its current suite of applications, Chizen said. A Photoshop-over-the-Web, for instance, would still be way too slow. However, Google applications such as Picasa have opened his eyes to the fact that it might be lunacy, he said, if Adobe didn't find some way to adapt that model to its own somehow.

Comments

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I don't understand why they disapprove of Microsoft challenging them by including PDF saving (using methods that Adobe has published publicly) but they haven't taken issue with Corel, or OpenOffice, or any number of CutePDF type companies. Oh wait, I get it... Microsoft is actually worth something, and if you can't make money on your own... just steal it from those who can...

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Yeah, it is publicly available to those unable to make a profit from it.

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Indeed, but the real kicker is that Microsoft isn't going to make a profit because they suddenly included this functionality. They make a profit from Office simply because it's Office. It has done just fine without PDF support so far.

Nevermind the fact that I can download CutePDF and have the functionality exactly the same as Office 2007 or other apps.

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Awesome, a monoploy accusing another monoploy.

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Actually, Adobe isn't a monopoly. They're a big company, but a monopoly they're not.

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The same could be said for Microsoft.

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deleted

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That's true, Grazer, but Microsoft have been fined for monopolistic practices. That's the only distinction. Not passing judgment, but the other poster called Adobe a monopoly, and that's just not even debatable.

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Well, all things considered including that guilty ruling says otherwise. ;-)

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Innocent until proven guilty, eh?

The fact they haven't been sued for their practices doesn't exclude the fact that their actions reflect those of other businesses with judgments against them.

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They've been charging companies hundreds of dollars a seat to make pdf's for years and years... be honest - they're just most afraid that someone will peek behind the curtain. Adobe's core products are being attacked from all angles; MS/client, Google/web, and FOSS. They have two big sticks; their brand name and their patents. Since Adobe could be purchased for cash with MS's reserves and not even cause a ripple, they're scared. They're starting to swing the patent-lawsuit stick.

This usually represents the phase in a company that is either about to strike a deal, or have peaked. We shall see...

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Indeed... things on the Acrobat, Illustrator, and Photoshop market were getting slow and competition with Macromedia was getting to be too much... so what do they do? They consume Macromedia to ease their burden.

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Adobe is looking more and more like SCO.

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