December 14, 2007 6:50 AM PST

Microsoft strikes back at Opera antitrust claims

Microsoft denied on Friday antitrust claims from Opera Software that the software giant is abusing its dominant market position to lock users into the Internet Explorer Web browser.

Opera, based in Norway, announced Thursday that it had filed an antitrust complaint with the European Commission, alleging that Microsoft is abusing its dominant position by bundling IE with the Windows operating system. Bundling IE with Windows means people have no choice in receiving it and only afterward have the option of deleting it or using an alternative product as the default browser, Opera said.

Opera also claimed that Microsoft is hindering interoperability by not following accepted open Web standards.

Microsoft struck back Friday, indicating that it would not willingly unbundle IE from Windows.

"We believe the inclusion of the (IE) browser into the operating system benefits consumers, and that consumers and PC manufacturers are already free to choose to use any browsers they wish," a Microsoft representative said. "Internet Explorer has been an integral part of the Windows operating system for over a decade and supports a wide range of Web standards."

The Microsoft representative added that "computer users have complete freedom of choice to use and set as default any browser they wish, including Opera, and PC manufacturers can also preinstall any browser as the default on any Windows machine they sell."

Opera filed the complaint against Microsoft this week, asserting that Microsoft has locked consumers into using IE, which has "only recently begun to offer some of the innovative features that other browsers have offered for years," such as tabbed browsing.

"We are filing this complaint on behalf of all consumers who are tired of having a monopolist make choices for them," said Jon von Tetzchner, chief executive officer of Opera. "In addition to promoting the free choice of individual consumers, we are a champion of open Web standards and cross-platform innovation."

Opera asked the European Commission to force Microsoft to unbundle IE from Windows and to carry alternative browsers preinstalled on the desktop. Opera also asked the EC to require Microsoft to follow "fundamental and open Web standards accepted by Web-authoring communities."

The browser company asserts that Microsoft's "unilateral control over standards in some markets has created a de facto standard that is more costly to support, harder to maintain, and technologically inferior and that can even expose users to security risks."

Tom Espiner of ZDNet UK reported from London.

See more CNET content tagged:
Opera Software, antitrust, Microsoft Internet Explorer, Web browser, Microsoft Corp.

Add a Comment (Log in or register) 239 comments (Showing first 20 comments)
What I Do Mind Is...
by Renegade Knight December 14, 2007 7:26 AM PST
I don't mind that IE comes with windows. All modern OSs need to come with some kind of basic browser. That way you can download the browser of your choice.

What I don't like is that IE is so integrated into windows and applications that I can't get rid of it when I do download another browser I'd rather use. Then it's just taking up space and bloating up my computer.

Opera may not win the case but they still have a point.
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Microsft behaving badly
by winstein December 14, 2007 7:47 AM PST
The US justice system has failed. The landmark antitrust case against Microsoft did not do anything but waste the tax payer's money. Nothing changed after the consent decree. Microsoft is still bundling any software they choose and calling it integral part of the OS.
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Get another OS!
by pfrabott December 14, 2007 7:49 AM PST
See, this is stupid. The way I look at it is Microsoft developed the software. Microsoft owns the software. Microsoft licenses the software. Microsoft does not force anyone to install Windows or use it. If someone doesn't like the fact that IE is built into Windows then that user should get a different operating system. Linux would be a good alternative. There have been several cases like this over the past decade. If someone wins against Microsoft it will change everything. Not just for Microsoft but for all software manufacturers, including me. I have used Microsoft Access for single connection database access before in my programs. Who's to say that if Microsoft was to ever lose this case that I could be sued for forcing Microsoft Access "built-in" with my applications instead of another database file type.

Don't get me wrong. I fully understand the complaint. I understand having to deal with someone in an OS that I do not want in there (heh, demo progs in newly purchased computers is another example) but if it is so big of a deal that one must complain so much to file a disbute over it I think that person (or group) needs to just get another OS. Microsoft is not forcing anyone to install or use their OS. You are free to install any OS on your system that you want.
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Boring
by toastiejoe December 14, 2007 7:59 AM PST
This is a poor attempt by Opera to get free distribution. Installing Opera or Firefox is straight forward, thanks to both those vendors and Microsoft. I.E. going forward looks like a much more secure product than it has been historically, and one hears plenty of stories on blogs and podcasts about problems with some alternative browsers, even amont their fans. This is not the topic to attack MS on - how about sensible packaging of the OS, less extreme pricing for the OS and office, etc? That would help us all.
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Stupid Cry Babies
by JonathonStriker December 14, 2007 8:06 AM PST
Who said you have to use Internet Explorer? Microsoft?! Maybe. But as they said, you can install another browser and set it as default. I'm using Firefox and it's 10 times greater. "But what about the Windows updates and other websites that require IE?" Go search for the IE TAB plug-in for Firefox and you're straight. This is why Opera sucks and is crying right now.
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Opera is wrong...
by john55440 December 14, 2007 8:13 AM PST
With Windows, users are free to use any browser that they want. I for example, have Firefox installed on my PC.

Opera's actions are an act of desperation by a company with a near-zero market share. I suppose next, Opera will sue Mozilla-Firefox for the crime of having a more popular browser.
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Doesn't Apple bundle Safari with it's OS?
by sntholiday December 14, 2007 8:18 AM PST
Why doesn't Opera file a complaint against Apple as well? Because everyone likes to go after MS, and it's getting old. Can you uninstall Safari from the new Leopard OS?
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Finally, MS defends themselves
by mailbox001 December 14, 2007 8:29 AM PST
Just like when Google was whining that Vista Search feature didn't give people the option to choose. First of all, when the EU forced MS to sell a version of XP without the Media Player, that bombed. The consumer will always buy an OS that is fully-loaded (even though some features are dumb-down). Opera, Google, and the other companies out there complaining out there, if your product is better than MS, then Market your product. Get your target market aware instead of just suing and using the "Monopoly" reason. Which is irrelevant. If the consumer likes your product then they will use it instead of MS. People don't want a barebone OS and have to download numerous programs to surf the net, email, music, pictures, video, etc....they expect the OS to have it all.
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The problem is
by tashman December 14, 2007 8:32 AM PST
there is a fine line between a great platform, a great platform for building on, and the building blocks that make a platform better. Microsoft doesn't ever want to stop, they want to have all three pieces and on some level that is fine, it's a free country (sort of) but what isn't ok is that when microsoft goes after a particular market they stop being the "great platform" and now try and stop others from using their platform for whatever they think is best. The two fight each other, do I create a great platform for others to extend or do I use my great platform for only my advantage.

The problem is most users just use what is put in front of them, I see many people think the answer is "well your free to go get a different browser" unfortunately 98% of users have no idea how to do this and just because 100% of the readers of cnet news do doesn't make what microsoft does right.

Personally I've been using linux for 3 years and will never go back, the freedom and integration is very balanced because if it becomes unbalanced I just pick another distro, load up the programs I like and continue... It is the way it should be.

tim
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Bundling is not the issue
by Orpeus December 14, 2007 8:37 AM PST
Although the point is glossed over in this particular story, the real issue here is adherence to accepted web standards.

Microsoft has, from day one, flooded the web with it's own, Windows-specific mechanisms, in an Internet that is founded on the idea of open communication protocols. From perverting standard Java, to non-standard scripts and HTML, to such abominations as Active-X. Next up we have the proprietary "Moonlight" crap.

Open standards will win out in the end, just as the Internet won out over <shudder> MSN, or whatever that MS system was. In the meantime, MS is dragging it's feet and gumming up the works for everyone else.

They can include whatever browser they want, as far as I care. I just wish that their default browser would follow the web standards so that we don't have millions of web services that can only talk to Microsoft computers.
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microsoft strikes back. . . On the defensive now huh?
by the_piano_man December 14, 2007 8:46 AM PST
This corporate behemoth golem called microsoft has no ethical basis to "strike back." They should be smashed to pieces, and the pieces divided up amongst the employees and consumers and their monkeydancer put in a zoo. I am a web programmer. IE is a pain. A big pain. Get rid of it. It was copied from Netscape and then ruined anyway. That's the way ms does things. . . copy, then claim ownership and back it up with expensive lawyers and then make it crappy so people have to buy more of it. Don't believe me read "The Making of Microsoft" by Daniel Ichbiah, and Susan Knepper; ISBN 1-55958-071-2; and then check out all the claims of originality ms makes now, and you will see many cases of outright plagiarism. The sooner ms is broken up the better. Force them to un-bundle their browser and their company.
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This is great news
by rcrusoe December 14, 2007 9:19 AM PST
If MS were to unbundle IE, then Windows could potentially become
more secure. If Windows became more secure, more malware
authors might start working harder on breaking into other
operating systems. No thanks, I like things just as they are.

Let them keep picking off the low hanging fruit.
Reply to this comment
Its not about bundling
by thru9 December 14, 2007 9:25 AM PST
It is, but it's not. Being a web designer and programmer what frustrates us the most is this.

We design a killer look and feel for a website. We program the website in clean code that's by the w3c standards, our css is clean and to spec.

We start debugging process in multiple browsers Firefox for Mac and Wintel, the same with Opera and Safari, all these web browsers display the code almost identically. Then the challenge... IE6 destroys the code and specially written css hacks are needed to allow IE6 to display the site correctly, thinking thats the end of the nightmare, IE7 uses a different rendering engine than IE6 and there for IE7 doesn't display the clean code properly either, but the css hacks for IE6 don't work in IE7 either. So now additional css hacks for IE7 are needed.

Microsoft should either do one of two things. Make their browser render code to actually approved standards so we programmers can write code once and have it look the same across all browsers and platforms, or even better STOP producing browsers. Microsoft is the nightmare browser for programmers.
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Interesting - they call it a browser
by jeromatron December 14, 2007 9:26 AM PST
One of the most contentious battles in the MS US anti-trust trial was when the DOJ tried to define IE as a web browser and MS witnesses on the stand would *not* allow it to be defined as a browser. I guess that doesn't matter anymore.
Reply to this comment
Follow the Money
by tbsteph December 14, 2007 9:32 AM PST
This case has nothing to do with the integration of IE into Windows or non-standard protocols. Those are the excuses used my Opera in the attempt to expunge money from MS. The EU's recent anti-trust activity against MS has opened the door for anyone to try and extort $'s from US companies (INTC,AAPL,MSFT) to name just a few. Firefox has proved that a quality alternative to a MS product will be successful without governmental intervention.
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Opera is getting desperate now...
by cary1 December 14, 2007 9:37 AM PST
Seriously... I don't know what all these EU companies have against Microsoft. Before they wanted Microsoft to unbundle Windows Media Player, now they want to remove IE...

Opera's complaint would be valid if Microsoft didn't allow people to install Opera on Windows or wouldn't let people make it their default browser. Compare this to iPhone, where you can't install any other browser.

Any decent OS comes with a browser preinstalled. Windows, OS X, Ubuntu, iPhone, Windows Mobile, even Wii. Removing the borwser might be in best interest of Opera, but it won't be in best interest of the consumers.

The worst part is that the EU regulators might actually force MS to remove IE. I am glad I don't live there.
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Imagine.... if there was no IE
by cary1 December 14, 2007 9:43 AM PST
If MS finally agrees and they start shipping Windows without IE, what is going to happen?

How do people normally download their "favorite" browser on a brand new computer?
They start Internet Explorer, go to Mozilla.com or Opera.com and download it.

If IE goes missing, how will people download Opera? They will have to get it on a CD or something... back to the stone ages!
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Multiple browsers
by cary1 December 14, 2007 9:55 AM PST
Let's say Opera wins the lawsuit and MS has to include Opera in Windows, other browser makers will follow it.

Before you know it, Firefox will come whining, then Netscape, then Apple and so on, and before you know it, there will be 15 Browsers preinstalled on a new computer that you buy. If Opera wins, how will the courts deny other browser companies, however small they may be.

and then this whole cycle will repeat with media player, desktop search engine, email client, antivirus, firewall, backup utility etc etc etc.

One day you will launch calculator and your computer will ask you which one you want: Microsoft calculator, Google calculator or Mozilla calculator.

I just hope that doesn't happen.
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No is forced...
by sagan.nexx December 14, 2007 10:15 AM PST
Well, if you work for the US government, you are forced to use Windows, MS Office, and IE (except NASA who uses PCs and Macs). The government is a huge consumer of computer products, and can defintely sway the market especially if they required standards based browsers and open documents formats.
Reply to this comment
can someone please explain me?
by cary1 December 14, 2007 10:20 AM PST
Opera is free, Firefox is free, even Internet explorer is free... so why are they fighting?

One free product is competing with another free product and people are calling it anti-competitive.

So one day, a church decides to give free food to the homeless, will another church call it anti-competitive?
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