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131 lines
5.4 KiB
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<html newsdate="2009-10-05"> |
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<version>1</version> |
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<head> |
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<title>Browser bundling - Open letter to Commissioner Kroes</title> |
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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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<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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</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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href="/activities/ms-vs-eu/ms-vs-eu.html">Samba case</a>, provides a |
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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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<tags> |
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<tag key="policy"/> |
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<tag key="european-commission">European Commission</tag> |
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<tag key="microsoft"/> |
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<tag key="antitrust"/> |
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</tags> |
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