FSFE
/
fsfe-website


								<?xml version="1.0" encoding="UTF-8" ?>


								<html newsdate="2009-10-05">

								  <version>1</version>


								  <head>

								    <title>Browser bundling - Open letter to Commissioner Kroes</title>

								  </head>


								<body>


								<h1>Open letter to Commissioner Kroes</h1>


								<p>Dear Commissioner Kroes,</p>


								<p>regarding the antitrust investigations led by DG COMP against Microsoft, you

								have <a

									href="http://dealbook.blogs.nytimes.com/2009/09/23/antitrust-chief-in-europe-seeks-to-close-cases/">let

									it be known</a> that you would like to close a number of open cases very

								soon. This includes an ongoing investigation into Microsoft's practice of tying

								its Internet Explorer Browser to its Windows operating systems, and a pending

								complaint about Microsoft's consistent failure to share interoperability

								information for its desktop programs with competitors.</p>


								<p>At the Free Software Foundation Europe (FSFE), we have long followed your

								Directorate's excellent work in ensuring competition in Europe. We participated

								as an interested third party in the Commission's case against Microsoft about

								interoperability in the workgroup server market. Today, FSFE is an interested

								third party in the Commission's proceedings against Microsoft based on Opera's

								complaint about the company's practice of tying Internet Explorer to its

								Windows operating system. We also follow closely any progress regarding the

								complaint filed by ECIS on Microsoft's refusal to share interoperability

								information for a number of its desktop applications.</p>


								<p>It is our view that DG Competition has done splendid work in all these

								cases. We are writing to you today to express our concerns about the

								consequences that an insufficiently strong settlement in those cases would have

								on the European software market. In our view, the terms for a settlement which

								Microsoft offered in July of this year are not an effective remedy against the

								company's dominant position in the European market for desktop software.</p>


								<p>We have published an analysis of the most important points for effective

								antitrust measures. I would like to draw your attention to this

								publication:</p>


								<ul>

									<li><a href="https://blogs.fsfe.org/gerloff/?p=263">FSFE to EC: Don't waste an opportunity with a hasty deal</a></li>

								</ul>


								<p>As stated there, our core concerns in the browser case are the

								following:</p>


								<ul>


									<li>Both Microsoft and OEMs must be required pre-install competing browsers

									on desktop computers, if their manufacturers request it</li>


									<li>The proposed ballot screen should be a native Windows application,

									should not give preference to Internet Explorer either implicitely or

									explicitely, and must provide an easy way to remove Internet Explorer from

									the system. Alternative browsers chosen by the user must be integrated into

									Windows to the same degree as Internet Explorer.</li>


								   <li>The selection of browsers on the ballot screen must use clear and

								   transparent criteria. Market share cannot be the only criterion, as that

								   would effectively freeze today's market situation in place. Instead, the

								   <em>rate of growth in market share</em> and availability across different

								   platforms should be key criteria.</li>


								</ul>


								<p>While the Commission has not yet issued a statement of objections

								regarding Microsoft's failure to share interoperability information

								with competitors, a settlement is being sought on this issue as

								well. Again, FSFE has analysed Microsoft's proposed interoperability

								undertaking, and has found it insufficient to establish competition in

								the European market for desktop software.</p>


								<p>It is worth noting that in many cases, the strongest competitors with

								Microsoft's desktop applications are Free Software. OpenOffice is a case in

								point, constituting as it does the most widely used alternative to Microsoft

								Office. We therefore consider it essential that any settlement on

								interoperability ensures that Free Software can use the information provided by

								Microsoft to compete on an equal footing.</p>


								<p>Regarding interoperability, our core concerns are:</p>


								<ul>


									<li>Microsoft must be required to provide interoperability information

									either royalty-free or in return for a one-time payment. Running royalties

									are incompatible with Free Software. The <a

										href="http://www.protocolfreedom.org/PFIF_agreement.pdf">PFIF

										agreement</a>, which resulted from the <a

									   href="/activities/ms-vs-eu/ms-vs-eu.html">Samba case</a>, provides a

								   tested and working instance of such an agreement.</li>


								   <li>Microsoft must provide a legally binding assurance that it will not

								   assert those of its patents which relate to the interoperability information

								   against Free Software. The lack of such assurance would let the company use

								   Fear, Uncertainty and Doubt (FUD) to discourage competitors from making use

								   of the interoperability information, leaving the remedy ineffective.</li>


								</ul>


								<p>In both cases, we consider that an effective settlement is much preferable

								to one that is quickly achieved, but lacks the power to establish competition

								in the European market for desktop software.</p>


								<p>We would like to thank you for considering these points, and hope that you

								find our analysis helpful. We of course remain available to provide further

								input.</p>


								<p>Kind regards,</p>

								<p>Karsten Gerloff</p>


								<p>President, Free Software Foundation Europe</p>


								</body>

								<tags>

								  <tag key="policy"/>

								  <tag key="european-commission">European Commission</tag>

								  <tag key="microsoft"/>

								  <tag key="antitrust"/>

								</tags>

								</html>

								<!--

								Local Variables: ***

								mode: xml ***

								End: ***

								-->