FAQ: What's ahead for Microsoft

What does the European Union's ruling mean for Microsoft in terms of fines and future product development?

Q: What exactly did the European Union say?
A: European regulators said that Microsoft broke EU law by abusing its "near monopoly" market power in the workgroup server and media player markets.

What does Microsoft have to do?
It must create a version of the Windows PC operating system that does not have the Media Player included and offer that to computer makers within 90 days. It also must create "complete and accurate documentation" within 120 days that will allow other companies' workgroup servers to be completely interoperable with Windows. It must pay a fine of about US$613 million.

Who will enforce the decision?
The European Commission will appoint a "monitoring trustee" to ensure that Microsoft's Windows interface documentation disclosures are complete and that the two versions of Windows are equivalent in performance.

Can Microsoft appeal?
Yes, and the company has made it clear that it will appeal. The first round of appeals will go to the Court of First Instance in Luxembourg. If another appeal is needed, it will go to the European Court of Justice, Europe's highest court.

Is a settlement on different terms still possible if Microsoft appeals?
Yes.

Can Microsoft seek to have the impact of the decision put on hold pending its appeal?
Yes. If the Court of First Instance decides that Microsoft would be "irreparably harmed" by the ruling, it will stay the commission's ruling. That process typically takes nearly three months to complete, but can vary widely.

How long is an appeal likely to take?
Appeals to the Court of First Instance typically take one to two years to be heard. However, Microsoft could ask to put the case on a fast track, which could shorten that time substantially. Judges typically take a few months to issue a decision after oral arguments.

What products are affected?
Microsoft's Windows operating system is the only product in which direct changes are being ordered. The additional documentation could lead to new features in server products from other companies such as Sun Microsystems, however.

What does this mean for Windows prices?
The version of Windows without Media Player may be offered for a slightly lower price.

Does this mean that Microsoft will be sued by other companies or consumers in Europe?
In theory, companies or consumers could file antitrust cases, citing the commission's ruling. In practice, legal experts say Europe's private antitrust legal system is considerably less active than that of the United States, and additional cases are unlikely.

Are other governments likely to do the same thing?
Other governments could open their own proceedings on similar issues. Japan has shown some interest in antitrust issues, seeking evidence from Microsoft in that country. No other government has announced investigations on these particular issues, however.

Does this have any effect on the Microsoft software I've already bought?
No. All previously distributed Microsoft software will continue functioning as before.

Can the U.S. government do anything about it?
If the U.S. government believes that any business restrictions are meant to harm American companies, or to help European companies at the expense of U.S. businesses, it can file a complaint with the World Trade Organization. Experts say such an appeal is unlikely in this case, given the rigour of the European Union's antitrust procedures.

Will this affect other Microsoft products in the future?
The order affects only the Media Player and server interoperability issues today. However, the commission made it clear that it is concerned about Microsoft's other actions and intends the logic to apply to future markets as well. Experts said that this ruling, if upheld, would serve as a clear precedent for other potential features that Microsoft wants to add to Windows.

Ina Fried contributed to this report.

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Talkback 3 comments

    I THINK THAT BILL GATES SHOULD ...Anonymous -- 26/03/04

    I THINK THAT BILL GATES SHOULD NOT HAVE TO COMPLY WITH THESE FINES AND CHANGES TO HIS PROGRAMS IF THESE OTHER COMPANIES CANNOT COMPETE TELL THEM TO WRITE THERE OWN.ALSO I WOULD CLOSE DOWN MICROSOFT AND TELL THEM THAT THEY CANNOT USE ANY THING THAT IS OWNED BY MICROSOFT THIS WOULD SET THE WORLD BACK YEARS.

    If you don't like a products p ...Anonymous -- 26/03/04

    If you don't like a products package and offerings - don't Buy it.
    Of course microsoft is out to make money, but their products are 99% of the time better value than others on offer.
    business can not be expected to provide charity !!!

    The sky is falling! The sky is ...Anonymous -- 28/03/04

    The sky is falling! The sky is falling!

    Re: “the heaviest punishment in any European competition case to date.”
    Well, let’s look at some facts here: Microsoft, one of the richest, most powerful and influential companies in the world, headed by the richest people in the world, was convicted on numerous accounts of abusing a monopoly of ubiquitous computing technology that affects nearly everyone in the world. After they bought off the DoJ on the change of administration, they got away almost scot-free in the US — although i) this is still being appealed, ii) even the “bought” DoJ has concerns that they can’t even abide by the pat on the wrist they received there and iii) there are numerous new cases coming up as well. So now that the EU gets it’s chance to protect EU customers against a convicted, predatory, contumacious, serial offender of a monopolist with a massive war chest of illegally obtained gains which continues to get away with it in the US, you think a $50 dollar fine will work?

    Re: “all companies, even ones with a near monopoly, have a right to improve their products. “There is an important principle at stake in this case: we believe that every company should have the ability to improve its products to meet the needs of consumers,” Ballmer said.”
    No argument here on the “should have the right” bit; that’s precisely what the EU decision is designed to redress. But what was Microsoft convicted of again? I don’t seem to recall that it was for being caring and sharing nor for fostering said competition and innovation by third parties on their monopolised computer platform. Trouble is, Ballmer can’t have it both ways now can he? They are convicted, anti-competitive monopolists. What happened to Netscape when they innovated? What is happening to Real and Apple now that WMP was suddenly built into the closed and tightly controlled Windows OS? What happened to Go? If they practised what Ballmer is now preaching (through a forked tongue), they wouldn’t be in this situation in the first place. As for improving products to meet the needs of consumers, I don’t recall that anti-competitive, proprietary lock-ins that restrict user choice and which have been found by numerous judges on a number of occasions to have been designed to crush competition and which have the unintended side-effect of creating a myriad of serious vulnerabilities in the platform users are forced to rely upon as being in the user’s best interest.

    Re: “ if it comes to pass, will hurt consumers. "Even if one takes away the multimedia code and, as RealNetworks has suggested, installs their player in its place, there will remain over 20 features in the Windows operating system that will not function," Microsoft's chief lawyer Brad Smith said. "There will remain many European Web sites that will not function properly."‘
    I always feel so warm and fuzzy knowing that such generous, single-minded philanthropists have nothing but my best interests at heart. No wonder they feel so wounded when others cast aspersions on their magnanimous benevolence. It’s a wonder that people with such a good heart ever became so successful as to create such a powerful monopoly; usually the capitalist system favours ruthless, despicable, bloodsucking, deceptive megalomaniacs who would sell their grandmother if it meant they benefited from it. Ever notice how anything that isn’t spread by the MS spin doctors couldn’t possibly be correct? Can anyone spell FUD and spin? And being a Mac OS X / Unix / Linux user, even though I have a stand alone version of WMP 9 that runs on Mac OS X — but how can that be? You can’t separate WMP from Windows without the world coming to and end, can you? Oh the marvellous “flexibility” of the “truth” as spread by MS fertiliser experts — I do so love it how the open-standards based Internet (which Microsoft invented, no doubt) could ever rely upon proprietary Microsoft technology to work (and that isn’t an anti-competitive act by a convicted pr

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