2009-10-05 09:59:26 +00:00
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2020-07-06 14:00:29 +00:00
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2020-04-15 09:46:59 +00:00
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2009-10-05 09:59:26 +00:00
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<head>
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2020-07-27 12:52:33 +00:00
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<title>Browser bundling - Open letter to Commissioner Kroes</title>
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2009-10-05 09:59:26 +00:00
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</head>
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<body>
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<h1>Open letter to Commissioner Kroes</h1>
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<p>Dear Commissioner Kroes,</p>
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<p>regarding the antitrust investigations led by DG COMP against Microsoft, you
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have <a
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href="http://dealbook.blogs.nytimes.com/2009/09/23/antitrust-chief-in-europe-seeks-to-close-cases/">let
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it be known</a> that you would like to close a number of open cases very
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soon. This includes an ongoing investigation into Microsoft's practice of tying
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its Internet Explorer Browser to its Windows operating systems, and a pending
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complaint about Microsoft's consistent failure to share interoperability
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information for its desktop programs with competitors.</p>
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<p>At the Free Software Foundation Europe (FSFE), we have long followed your
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Directorate's excellent work in ensuring competition in Europe. We participated
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as an interested third party in the Commission's case against Microsoft about
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interoperability in the workgroup server market. Today, FSFE is an interested
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third party in the Commission's proceedings against Microsoft based on Opera's
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complaint about the company's practice of tying Internet Explorer to its
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Windows operating system. We also follow closely any progress regarding the
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complaint filed by ECIS on Microsoft's refusal to share interoperability
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information for a number of its desktop applications.</p>
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<p>It is our view that DG Competition has done splendid work in all these
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cases. We are writing to you today to express our concerns about the
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consequences that an insufficiently strong settlement in those cases would have
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on the European software market. In our view, the terms for a settlement which
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Microsoft offered in July of this year are not an effective remedy against the
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company's dominant position in the European market for desktop software.</p>
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<p>We have published an analysis of the most important points for effective
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antitrust measures. I would like to draw your attention to this
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publication:</p>
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<ul>
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2020-06-11 05:35:21 +00:00
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<li><a href="https://blogs.fsfe.org/gerloff/?p=263">FSFE to EC: Don't waste an opportunity with a hasty deal</a></li>
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2009-10-05 09:59:26 +00:00
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</ul>
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<p>As stated there, our core concerns in the browser case are the
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following:</p>
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<ul>
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<li>Both Microsoft and OEMs must be required pre-install competing browsers
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on desktop computers, if their manufacturers request it</li>
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<li>The proposed ballot screen should be a native Windows application,
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should not give preference to Internet Explorer either implicitely or
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explicitely, and must provide an easy way to remove Internet Explorer from
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the system. Alternative browsers chosen by the user must be integrated into
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Windows to the same degree as Internet Explorer.</li>
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<li>The selection of browsers on the ballot screen must use clear and
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transparent criteria. Market share cannot be the only criterion, as that
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would effectively freeze today's market situation in place. Instead, the
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<em>rate of growth in market share</em> and availability across different
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platforms should be key criteria.</li>
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</ul>
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<p>While the Commission has not yet issued a statement of objections
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regarding Microsoft's failure to share interoperability information
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with competitors, a settlement is being sought on this issue as
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well. Again, FSFE has analysed Microsoft's proposed interoperability
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undertaking, and has found it insufficient to establish competition in
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the European market for desktop software.</p>
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<p>It is worth noting that in many cases, the strongest competitors with
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Microsoft's desktop applications are Free Software. OpenOffice is a case in
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point, constituting as it does the most widely used alternative to Microsoft
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Office. We therefore consider it essential that any settlement on
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interoperability ensures that Free Software can use the information provided by
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Microsoft to compete on an equal footing.</p>
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<p>Regarding interoperability, our core concerns are:</p>
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<ul>
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<li>Microsoft must be required to provide interoperability information
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either royalty-free or in return for a one-time payment. Running royalties
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are incompatible with Free Software. The <a
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href="http://www.protocolfreedom.org/PFIF_agreement.pdf">PFIF
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agreement</a>, which resulted from the <a
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2012-07-20 14:46:12 +00:00
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href="/activities/ms-vs-eu/ms-vs-eu.html">Samba case</a>, provides a
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2009-10-05 09:59:26 +00:00
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tested and working instance of such an agreement.</li>
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<li>Microsoft must provide a legally binding assurance that it will not
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assert those of its patents which relate to the interoperability information
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against Free Software. The lack of such assurance would let the company use
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Fear, Uncertainty and Doubt (FUD) to discourage competitors from making use
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of the interoperability information, leaving the remedy ineffective.</li>
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</ul>
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<p>In both cases, we consider that an effective settlement is much preferable
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to one that is quickly achieved, but lacks the power to establish competition
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in the European market for desktop software.</p>
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<p>We would like to thank you for considering these points, and hope that you
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find our analysis helpful. We of course remain available to provide further
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input.</p>
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<p>Kind regards,</p>
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<p>Karsten Gerloff</p>
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<p>President, Free Software Foundation Europe</p>
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</body>
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2020-07-06 14:00:29 +00:00
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<tags>
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<tag key="policy"/>
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2020-09-18 09:37:34 +00:00
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<tag key="european-commission">European Commission</tag>
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2020-07-06 14:00:29 +00:00
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<tag key="microsoft"/>
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<tag key="antitrust"/>
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</tags>
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2009-10-05 09:59:26 +00:00
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</html>
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