The European Commission has refused to sanction Microsoft's release of Vista in Europe, despite the company's promise to make changes to its operating system to try to allay anti-competition concerns.
On Friday, Microsoft said it will allow security software makers to access the kernel of 64-bit versions of Vista for security-monitoring purposes. The company will also make it possible for security companies to disable certain parts of the Windows Security Center in Vista when a third-party security console is installed.
Microsoft said it had decided to take these actions to try to allay Commission antitrust concerns, and also vowed to ship Vista in Europe at the same time as the rest of the world.
In response, the Commission issued a strong statement warning that Microsoft's actions didn't mean that Vista would not infringe European laws.
"The European Commission has been informed of Microsoft's intention to deliver its Vista operating system worldwide, with no delay in Europe," said the Commission's statement.
"The Commission has not given a 'green light' to Microsoft to deliver Vista because, as the Commission has consistently stated, Microsoft must shoulder its own responsibilities to ensure that Vista is fully compliant with EC Treaty competition rules and in particular with the principles laid down in the March 2004 Commission antitrust decision concerning Microsoft [XP]."
In 2004 the Commission found that Microsoft had breached anti-competition laws, and ordered the company to disclose server interoperability details and cease bundling Windows Media Player with XP.
The EC will be watching the software market closely to monitor the effects of Vista, due out for business in November. It says it will consider any complaints about the operating system on their merits.
"In line with the Commission's obligations under the EC Treaty and its practice, the Commission will closely monitor the effects of Vista in the market and, in particular, examine any complaints concerning Vista on their own merits."
Several members of the European Parliament have welcomed the EC's comments. In a joint statement, Chris Heaton-Harris MEP (Cons), Peter Skinner MEP (Lab) and Sharon Bowles MEP (Lib Dem) said that EC concerns could have delayed the release of Vista in Europe, to the detriment of small businesses in their constituencies.
"It was our understanding from what contact we've had with them that the EC were going to stop the launch of Vista," said a spokeswoman for Bowles. "The statement by the EC [on Friday] wasn't prohibitive."
SMEs in the MEPs' constituencies were concerned that their businesses could be affected if Vista was further delayed, the spokeswoman added.
Chris Heaton-Harris met with Microsoft chief executive Steve Ballmer at the company's campus in Seattle in August, after which he criticised the Commission's decision to fine Microsoft for antitrust violations in 2004.
"I really can't understand the Commission's position. It is as if they objected to Ford supplying cars with tyres since this reduces the market for retro-fitted tyres," said Heaton-Harris.
"Innovation from companies such as Microsoft drives job creation in the East Midlands, and so we are keen to track these developments to ensure that users throughout the region can benefit from new IT developments," Heaton-Harris, who represents the East Midlands, added.
Microsoft has a major research development centre working in computer games in the East Midlands at Ashby de la Zouche.
Talkback
What principles? In what paragrpahs of the 302-page Order do they reside? If it's contextual - then say so, EC. But, principles that specifically relate to "unbundling" beyond the WMP, well, they're just not there.
Ford used to produce death traps on wheels until their government forced them to take other things (costly things, like the safety of their customers) into account then just their own bottom line.
That had nothing to do with innovation, by the way. The innovations already existed. It was just that the corporate hot shots couldn't see enough profit in it. A few mangled and death customers here and there was cheaper overall then trying to protect them all. Until their government started bleeding their bottom line dry until they did. Nowedays cars are a whole lot safer, and by no means thanks to those that should have looked after public safety on their own. But history shows that they did nothing until someone else put a "gun to their head".
As such this isn't about allowing Ford to make their own arguments about what they should and shouldn't do why. It's about making Ford to play by the rules that exist outside of their own organization. Which some would call laws and regulations.
Want another example? Research the history of smoking. Especially who said what then and now. And who was getting money from who when who said what.
In short, big commercial organizations can't be trusted with overall public wellfare. At least not until it's a vital part of their bottom line.
"It is as if they objected to Ford supplying cars with tyres since this reduces the market for retro-fitted tyres".
It is more like Ford creating a car which prevents competitors from making compatable tyres, forcing the user to pay over the odds for unsafe proprietary tyres and squeezing other tyre makers out of the market.
Heaton-Harris sound like a MS shill
Basically he is regurgitating exactly what MS has told him. MS is a convicted monopolist, which has repeatedly used their monopoly illegally to put rivals out of business.
His analogy about tyres is basically MS lies, as per Keith's comment above.
His constituents pay through the nose for MS licenses which grow ever more restrictive. He appears to serve MS, not the voters.
Even if you accept Vista is a good thing, the idea that a short delay would be damaging to business is laughable. No sane business would install Vista until at least the first or possibly the second service pack arrives.
I would like to see the register of members interests for him in relation to MS but anything relevant may not appear for a while.
Come off it you unelected appointees in the EU. Nobody is required to purchase or use Vista if they don't want to. Pressure computer sellers to make choice of operating systems part of computer buying.