Expert: Windows can be broken into parts

NEWS The first of two expert witnesses testified in federal court on Tuesday that so-called middleware can be safely removed from Microsoft's Windows operating system. Andrew Appel, the 14th witness in the proceedings to determine a remedy for Microsoft's antitrust violations and a computer science professor at Princeton University, began his testimony here late on Tuesday before a sparsely filled courtroom. As with other witnesses, Appel submitted written testimony to the court, after which he was cross-examined by a Microsoft lawyer. Appel is the second-to-last witness that trustbusters will present before Microsoft begins its portion of the proceedings. Nine states and the District of Columbia are seeking stiffer sanctions than those reached in a November settlement by Microsoft, the Justice Department and nine other states. US District Judge Colleen Kollar-Kotelly has yet to rule on the settlement, which she can either approve or reject. Microsoft is expected to continue its cross-examination of Appel on Wednesday. The company will likely attack inconsistencies between his deposition and written testimony, and also challenge his expertise. One of the sanctions sought by the states would compel Microsoft to distribute a version of Windows XP without middleware, which includes Web browsing, instant messaging and streaming media technologies. "It is my opinion that this remedy provision is technically feasible, based in part on the fact Microsoft has already performed substantial parts of this engineering task in creating its Windows XP Embedded operating system product," Appel said in his written testimony. Windows XP Embedded is a modular version of the operating system designed to run on a variety of devices. Manufacturers, for example, have the option of installing only the components needed for the devices; that way, a handheld device not needing media playback technology could run the operating system without that code installed. In its June 2001 ruling, a seven-judge Court of Appeals panel found that Microsoft's commingling of Internet Explorer and Windows code made it more difficult for Netscape Communications, now owned by AOL Time Warner, to compete with the software giant. Microsoft has long contended that the browser and other middleware code cannot be removed from the operating system. "Microsoft has contended all along that Section 1 (of the states' proposed remedy) cannot be done," Microsoft spokesman Jim Desler said on Wednesday. "It cannot be done. You cannot create modular versions of Windows. You cannot take code out without degradation, without crippling the machine." Desler described the states' use of Windows XP Embedded as "a red herring. This is something that has limited functionality for things such as slot machines and cash registers. This is something with limited functionality, and comparing it to the full operating system is simply wrong." Appel disagreed. "I am of the opinion that the code underlying Microsoft's software platform products is most likely written in modular fashion," he testified. If this is true, "the modules serving to support Microsoft's middleware should be removable without causing disruption to the functionality of the remaining operating system." As an example, Appel noted that Windows XP Embedded "contains the same binary files as Windows XP Professional." His conclusion: "Microsoft's technical ability to create XP Embedded...is another piece of evidence not only that Section 1 of the states' remedy is technically feasible, but that Microsoft has already done much of the engineering work necessary to comply with this provision."

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