Microsoft swimming upstream with Windows Media

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"We think what (the commission's comments) demonstrate is that the EC gets it," said David Stewart, deputy general counsel for RealNetworks. "It means they understand markets, they understand digital media, and they understand the critical need to maintain competition in these markets."

The ultimate effect of any order targeting Microsoft's multimedia software is still unclear, however.

Taking the Windows Media Player software out of the operating system could put a dent in the number of new computers that ultimately wind up with the Microsoft audiovisual software installed. But some analysts said the company would quickly find ways around any such ban.

Windows already includes features that contact the Microsoft Web site and download updates. Future versions of Windows could simply offer a message prompting consumers to download the Windows Media software, and perform the task almost automatically, noted Richard Dougherty, an analyst for The Envisioneering Group.

"Even if there has been wrongdoing, it seems like that would simply shift the burden to consumers," Dougherty said. "Tens of millions of people would have to do a download for something that they very likely already want."

If the company were forced to include other players or technologies along with the operating system, it could be a huge boon to rivals, however -- particularly open standards-based formats such as MPEG-4. Big content companies such as movie studios have historically been more open to using standards-based formats for distribution of their content, and have been loath to tie their digital strategies entirely to Microsoft technology.

However, Microsoft does have other points in its favour, even if its distribution mechanism is ultimately impaired. The company's digital rights management anticopying technology, which is built into the Windows Media technology, has proved to be a critical selling point as Microsoft tries to persuade piracy-shy content companies to use its formats.

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