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Microsoft's statement about Windows 7 in the EU

Jul. 24, 2009 Paul Thurrott | Paul Thurrott's Supersite for Windows

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Statement by Brad Smith, General Counsel

July 24, 2009

As the European Commission has just announced in a statement, Microsoft has made a new proposal in an effort to address competition law issues related to Internet Explorer and interoperability.

Under our new proposal, among other things, European consumers who buy a new Windows PC with Internet Explorer set as their default browser would be shown a ‘ballot screen’ from which they could, if they wished, easily install competing browsers from the Web.  If this proposal is ultimately accepted, Microsoft will ship Windows in Europe with the full functionality available in the rest of the world.  As requested by the Commission, we will be publishing our proposal in full here on our web site as soon as possible. 

While the Commission solicits public comment and considers this proposal, we are committed to ensuring that we are in full compliance with European law and our obligations under the 2007 Court of First Instance ruling.

As we said June 11th, we currently are providing PC manufacturers in Europe with E versions of Windows 7, which we believe are fully compliant with European law.  PCs manufacturers building machines for the European market will continue to be required to ship E versions of Windows 7 until such time that the Commission fully reviews our proposals and determines whether they satisfy our obligations under European law.  If the Commission approves this new proposal, Microsoft will begin work at that time to begin implementation of it with PC manufacturers.

As the European Commission announced, Microsoft’s proposal also includes a public undertaking designed to promote interoperability between third party products and a number of Microsoft products, including Windows, Windows Server, Office, Exchange, and SharePoint.

Like the Internet Explorer proposal, the interoperability measures we are offering involve significant change by Microsoft.  They build on the Interoperability Principles announced by Microsoft in February 2008, which were also based on extensive discussions with the Commission, and they include new steps including enforceable warranty commitments. 

We believe that if ultimately accepted, this proposal will fully address the European competition law issues relating to the inclusion of Internet Explorer in Windows and interoperability with our high-volume products.  This would mark a big step forward in addressing a decade of legal issues and would be good news for European consumers and our partners in the industry.

Discuss this Article 51

planetarian
on Jul 24, 2009
Stupid Microsoft! Stop letting everyone walk all over you already! This is exactly what Opera had been hoping for.
qmt49
on Jul 24, 2009
I was so pleased when MS took the route of beating the EU's stupid wishes by including no browser, but planetarian is right. If this goes ahead, Opera have won, and they don't deserve to. Opera just has to look at Firefox to see that competing browsers CAN be successful if they are actually any good.
johnbaxter
on Jul 24, 2009
What will the Opera folks do when their "market" share continues at its tiny current level? Maybe demand that one machine in 5 force Opera to be the primary browser. "Market" in quotes since at my age, the idea that people competing to give something away is a "market" is something I can't wrap my mind around.
beaker
on Jul 24, 2009
This is such crap. Why are they still screwing with MS with the browser issue? I'd hate to be a MS employee trying to come up with a solution for these guys. I'd like to drop a steaming bag of sh** at the doorstep of the EU for all the shenanigans they are playing. It isn't 1998 anymore. There are more important things for the EU to be spending time/$$ on than messing with MS about a silly webbrowser.
techfan
on Jul 24, 2009
The biggest slap to Opera's face will come when its browser's usage numbers continue to be low, even after forcing MS via the EU to install its browser. Then Opera will go after either Mozilla or Google. I wonder if the ballot will also include Safari? Or just the browsers by those that complained (Opera, Mozilla and Google)?
chipwinter
on Jul 24, 2009
As long as Microsoft has to abide by the EU, this is the best solution for the consumer. The "no browser" option put the interest of Microsoft's ego first, not the consumer.
RaggieSoft
on Jul 24, 2009
So, EU: when will Macs & Linux be forced to have a ballot box? :::hears crickets chirping::: Didn't think so
planetarian
on Jul 24, 2009
chipwinter: Perhaps more importantly, unless MS found a way around it, the inclusion of third-party software within their OS means they're forced to support that software. EU does not make decisions with the consumer in mind. They make decisions for the competition, whether they deserve it or not.
trieste
on Jul 24, 2009
RaggieSoft said: So, EU: when will Macs & Linux be forced to have a ballot box? Firstly, all Linux distributions already come with a choice of browsers. I imagine Apple will be forced to have a ballot box (sic) when their market share has risen, in the EU, from below 5% to over 90%.
Balthazar9
on Jul 24, 2009
“Stupid Microsoft! Stop letting everyone walk all over you already...” Which leads me to... “Apple forces Microsoft to change Laptop Hunter ad” http://news.cnet.com/8301-17852_3-10295057-71.html Certainly it’s not related but MS down nearly 10% in share price today.
TomSmeagol2
on Jul 24, 2009
I don't see this as a win for Opera or a loss for Microsoft. Unless I'm reading it wrong, the proposal says that IE WILL BE PRE-INSTALLED and the default browser. There will be an option to install different browsers, but how many people (who weren't going to anyway) will do that? Not many, IMHO. So, MS wins, for better or for worse.
Avro
on Jul 24, 2009
Well, I am not so sure about having IE still as the default, but this certainly is a step in the right direction for Microsoft.
Ocean
on Jul 24, 2009
Paul, in the latest podcast with Leo, you said you wouldn't want to live in Europe for this very reason. Why is it then that they earn so many of your hard-earned vacation dollars?
GoodThings2Life
on Jul 24, 2009
@TomSmeagal2, You're exactly right... to a point. Everything you said is exactly right, but it IS still a loss for Microsoft. The EU doesn't decide what's in the interest of the consumer or competition as a practice, they decide what will favor businesses within the EU. If it was really about competition or the consumer, the EU would readily admit and accept the fact that competition in the browser world is booming, and that Opera has a lousy product.
planetarian
on Jul 24, 2009
GoodThings2Life: You have a point. I guess it's naive to assume that one would treat a foreign company fairly. Quick -- someone in the EU make a new browser and force them to include it in Windows too just to show how ridiculous this is.
Avro
on Jul 24, 2009
Strange, in most independent Browser tests I have seen, Opera comes out on top and is very innovative. Not my favourite Browser but it tends to get dissed by people who really do not know anything about it. And the EU does often stand up for the consumer here.
robertsjoe
on Jul 24, 2009
"Stupid Microsoft! Stop letting everyone walk all over you already! This is exactly what Opera had been hoping for." Microsoft can't "stop" everyone from doing this. This is not just anyone. They are a regulatory body for the EU. Just like they couldn't stop the DOJ convicting them of being a monopoly. It's good to see that the EU is putting a stop to some of Microsoft's evil practices.
robertsjoe
on Jul 24, 2009
What?! No post about Microsoft just posting their worst financial year ever? Or how Microsoft is the king of cheap crap, what with Apple having 91% of the $1000+ PC market? Yes, it's true. Microsoft sells cheap crap. Microsoft, a poor man's choice.
gfryesc1
on Jul 24, 2009
nothing snarky about microsoft changing their laptop hunter ads because of apple's cease and desist call?
Waethorn
on Jul 24, 2009
Um, ok so when are we getting an RTM of Security Essentials to go along with the RTM of 7 again? Also, download links for MSSE are open again on Connect. I just tried it and was able to redownload the 3 files.
wattsvilleblues
on Jul 24, 2009
As a reluctant citizen of the EU, I have to tell you that the EU Parliament is interested, not in the common good, but in the subjugation of successful enterprises and the destruction of competitive market forces at its source, the consumer. This is what happens when there are too many bureaucrats - the find jobs for themselves, which often involve tampering in the trivial and the personal.
weedmonk
on Jul 24, 2009
"Microsoft, a poor man's choice." What an insufferable iTard douche nozzle. And they have the gall to call MS 'evil' and uncaring. To these people the world outside their local mall and Apple store doesn't exist and the billions of people who aren't blessed with Apple stores aren't worthy. You are testament to your kind.
hamiltonstallings
on Jul 24, 2009
And now we wait and watch Opera's share skyrocket!! (Yawn..) I used Opera in the past, but it simply wouldn't render a big enough percentage of websites correctly that I just had to remove it. Maybe thats why people don't use it. Or maybe because the majority of people just don't give a damn about using different browsers.
robertsjoe
on Jul 24, 2009
@weedmonk: I think your dribble can be clearly related to your moniker. Look people will buy crap all the time. That's how Microsoft got where it is. Selling lots of cheap crap. That's how McDonald's got where it is, selling lots of crap food really cheap. People buy lots of crap. Doesn't mean it's any good. In the case of Microsoft, it's not good.
robertsjoe
on Jul 24, 2009
In the end, giving users the choice in Windows as to which browser they want is a good thing. This way, the intelligent people will choose something better than IE -- of which Chrome, Safari and Firefox are three. Microsoft has inflicted the world too much pain with their inferior, crap-fests that are all their versions of IE. It's a good thing that the EU is forcing their hand.
crankenstein
on Jul 24, 2009
Jesus Christ... robertjoe, your an idiot.... do the entire internet a favor and log off... forever. Your a troll and a complete moron. As far as this EU vs Microsoft thing goes... Microsoft has done nonething wrong by including IE as the default browser... if people such as robertjoe are to ignorant to simply download and use a different browser... then tough sh*t... they shouldn't be using a computer to begin with (as we see in robertjoes case) Everyone is just trying to hitch a ride on the Microsoft gravy train to try to get they're crappy products loaded on peoples computers! This goes for firefox, chrome, OPERA, ect... Luckily, the majority of the internet has already started taking this situation into our own hands and have boycotted the likes of Opera and the rest of these shady products.
crazzygooses
on Jul 24, 2009
This won't help Opera gain marketshare. IE, FF and Webkit all have an extension ecosystem.
robertsjoe
on Jul 24, 2009
@crankenstein: Being a Mac user I am clearly more intelligent and have more taste than you do. You've shown to have no idea in your rant.
robertsjoe
on Jul 24, 2009
The reason why Apple complained about Microsoft's ads, is because they were lying. Spreading FUD as per usual. Microsoft would not have changed the ads (like they have) if they were in the right. They are not. They were wrong and lying. http://www.appleinsider.com/articles/09/07/24/after_apple_legal_threats_... Thiefs and liars.
robertsjoe
on Jul 24, 2009
Microsoft also copying Apple's stores: http://www.appleinsider.com/articles/09/07/24/microsoft_stores_to_mimic_... How sad they are. Truly. Guru Bars?! Original!
Backup77
on Jul 24, 2009
Well hopefully this will put the silly browser issue to bed with the EU. I think MIcrosoft has bent over backwards enough, why doesn't the EU think about the users in Europe for a change. Their carry on is ludicrious beyond words.
robertsjoe
on Jul 24, 2009
@crankenstein: "As far as this EU vs Microsoft thing goes... Microsoft has done nonething wrong by including IE as the default browser." Why no crawl out from that rock you're under and smell the roses. Do you not know that Microsoft is a convicted monopolist? That is exactly what the EU is fighting. Microsoft needs to be stopped. Just like the DOJ did, the EU is doing the same.
Backup77
on Jul 24, 2009
robertsjoe Is it possible for you to post anything relevant to this thread.
Backup77
on Jul 24, 2009
johnbaxter The Opera folk will be in raptures. Maybe they can lift their browser share to 1.1%
EricoF3
on Jul 24, 2009
robertsjoe said: "@crankenstein: Being a Mac user I am clearly more intelligent and have more taste than you do. You've shown to have no idea in your rant." Lololo.... Being a Mac user you are clearly more intelligent... lololo ... Being a Mac user does not indicate anything about you intelligence ... Let me think... Yes!! it indicate that you have not the intelligence to realize that paying twice for a computer just because it can act like a decoration on you desk is quit... silly... lolololo Mac users will always make me cry lololo
redunion1940
on Jul 24, 2009
robertsjoe, You do realize that being a Monopoly is not illegal right, it is perfectly legal to be a monopoly. What Microsoft was a accused of being was a monopoly that abused it's power that came from the monopoly, because at one time a web browser actually cost money, but Microsoft thought that we shouldn't have to pay for a web browser and they were almost made into two companys one for windows and one for office, though that probably would not matter. Oh and to prove that you are not as smart as you think you are, there are ways to use MAC OSX on a standard PC, so that you do not have to spend ridiculous amounts of money to get a up marketed hardware. What was that saying, a fool and his money are soon separated, I know Steve Jobs loves that saying.
EricoF3
on Jul 24, 2009
@robertsjoe : Why don't you go do intellectual masturbation on an Apple blog....
redunion1940
on Jul 24, 2009
He can't EricoF3, they banned him from there blogs, for showing his brilliant intellect.
chuckb84
on Jul 25, 2009
Hmm. I earlier said that that no-browser solution was a nonstarter and wouldn't last. Microsoft has now done exactly what the EU wanted, and they didn't really have any choice about it. When your flagship product, Windows, has revenue declines of 33%, you can't really write off such a large market going into the debut of your new premier product, Windows 7. And that is what Microsoft was facing. So they caved. I won't even say whether this is "right" or wrong. However, it is clearly a direct consequence of Microsoft's earlier arrogance. They brought this on themselves. As many have pointed out, it is not illegal to be/have a monopoly, but it is illegal to use existing monopoly for restraint of trade and as a competitive advantage in other businesses. Microsoft has indisputably done that, and this is the consequence. It will be an interesting experiment to see if this changes browser usage patterns in the EU. I suspect a small increase in Firefox usage, but no other effect.
Lindy
on Jul 25, 2009
So how is that speech going on "post Microsoft world" in light of all of this and much more?
Waethorn
on Jul 25, 2009
"The Opera folk will be in raptures. Maybe they can lift their browser share to 1.1%" WOW! Really? That's like 100x higher than the market share of Safari users!
mikegalos@msn.com
on Jul 25, 2009
robertsjoe has actually pointed out how Microsoft either does NOT have monopoly power in the desktop operating system market or is NOT abusing that power if they have it. The key point of anti-trust regulation as enforced by the EU and the US DOJ is supposed to be to prevent a monopoly from abusing their power to hurt the consumer, typically by raising prices since there is no effective competition. Since Microsoft Windows is the low cost choice then it is obvious that Microsoft is NOT using their power to raise prices above the "natural" market level since that would result in exactly the opposite pricing. If Microsoft were abusive then Windows would be much more expensive than any residual competition such as OS X and people would buy Windows despite the higher price because they had no choice.
ggolcher
on Jul 25, 2009
robertsjoe: Your mother is a whore. She didn't birth you, she shat you.
quackxp
on Jul 25, 2009
Who is this really going to effect? Even if the N version is the only choice. OEMs big and small are going to install a browser into there system images before it ever gets to the consumer. Same with volume business customers. The people who are buying retail boxed versions will be made up mostly of enthusiasts who will download a browser to some removable media before install or get one through the built in FTP command as a last resort. I read somewhere (maybe here on the super site) that only about 1500 licenses of the N version of Vista where shipped to the EU virtually all of the licenses where the full versions. So where is the demand really?
mgayetsky
on Jul 25, 2009
Like most, I’m having a bundle of trouble trying to pin down robertsjoe’s political ideology. On the one hand, he favors big government intervention on the market even when the invisible hand seems to be working things out ala Firefox. On the other, he mocks the inability of the impoverished to buy his L33T warez. Further he supposes that only the intelligent use Mac’s, aligning himself against the workers of the world, and alongside the Hollywood ignorati. Like the ignorati, he uses words and terms inappropriately – FUD, for instance. How does company A changing the prices of a product that is being criticized by company B, and B changing (or failing to change) these ads spread fear, uncertainty, or doubt? Perhaps you just saw the term in a blog somewhere, and don’t understand how to use it. He bashes doing business with ‘convicted monopolists,’ but lauds the excellent work that AT&T does on his iPhone. I am curious on the statute of limitations on when it is okay to do business with ‘convicted monopolists.’ I get really perturbed when folks say that what M$ (LOLz!1) does is evil and must be stopped. Seriously, having a browser preinstalled is evil? I would like three sound, supported reasons why this claim makes any sense, and is not just spreading FUD (notice the correct usage?). I which that folks that make such claims would direct their aggression against feel good companies like Google over activities like censoring the Internet in China such that state propaganda comes up on events like Tiananmen Square. Browser choice is an inconvenience, aiding and abetting the perpetuation of state ideology IS evil. Let’s keep these things in context.
rr0de74@live.com
on Jul 25, 2009
GGOLCHER should be banned for life Paul. Seriously those kind of comments are un-called for and if allowed will turn this blog into a total joke. I am not a fan of robertsjoe, but you know what, I simply ignore his comments. Its takes very little effort to do so.
redunion1940
on Jul 25, 2009
Yeah GGOLCHER went a little far there, the least you could do is delete his comment, seriously saying something about a persons way of being birthed and and anything related to family is wrong in a sense when used in the context he did.
chuckb84
on Jul 25, 2009
But is Brad Smith doing cartwheels down the hall ;) ?
LuxZg
on Jul 25, 2009
I just wonder - how large will that ballot box be? There are more than just 3 browsers in this world. So will they include EVERY possible browser that works on Windows 7 operating system? Lynx included..? I mean, what a bullshit this has become. Organizations give things for free, and all of them. Share of browsers that are being paid for is almost non existant. So what with all the mumbo-jumbo than? It's a reaction that came decade too late, and all I can say is - thanks Microsoft, for provoking browser wars tat brought us so much new things. Chrome and Safari not included (LOL :D )
Waethorn
on Jul 25, 2009
"Chrome and Safari not included" That brings up an interesting point. Why couldn't Microsoft complain that the Webkit engine gains an unfair advantage over their own Trident engine if they are forced to include more than one on the ballot box?

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