In its ruling last month, the court found that Microsoft's licensing
agreements with computer manufacturers broke the law, and said Microsoft
maintained an illegal monopoly by pushing potential competitors off the computer
desktop.
Microsoft's earlier licensing agreements required manufacturers to include
Internet Explorer and prohibited them from changing the desktop from a preset
collection of icons. Later, the license was changed to allow manufacturers to
add icons such as the one for rival Internet browser Netscape Navigator and
America Online, a rival to Microsoft's MSN service.
Some of these changes that Microsoft has made in its licenses will
require new development work and testing for Windows XP, Microsoft's forthcoming
operating system for PCs. But Microsoft's statement indicated that it can
complete the work and will be able to meet the date for worldwide launch on Oct.
25.
Microsoft had said it wanted a clean desktop, completely free of all icons,
for Windows XP, the next version of the Windows operating system.
"What we are seeing here is Microsoft moving to block any orders that
might be handed down in later trials," said Alan Goodfeld, a retired professor
of business law.
"Microsoft is moving to correct the problems that the appeals court
identified as anti-competitive. They obviously want to move forward and
(Wednesday's) announcement is a strong attempt to prevent any delays or actions
that might force a delay in the release of their new operating system," Goodfeld
said.
Although the U.S. Court of Appeals in Washington spared Microsoft a
breakup last month, it also upheld a lower court's finding that the company was
a monopoly and that some of its licensing practices were illegal.
Other parts of the case, such as whether Microsoft's practice of tying
the browser and other software to Windows was illegal, are to be sent back to a
different lower court judge for consideration.
Harvey S. Jacobs, of Jacobs &
Associates -- a firm specializing in business and internet law -- said that
Microsoft's licensing change is a "pre-emptive strike" mainly directed at the
private litigants.
Companies and individuals will have to re-think whether to file a costly
antitrust action against Microsoft, given that one of the main requests, less
restrictive licensing agreements for XP, has already been conceded by Microsoft,
Jacobs said.
"MS opponents were gathering to use the XP launch as further evidence of
MS' attempted domination of the applications market via its monopoly over the
operating system market, and 'opening up' the desktop MS may be able to silence
some of those critics -- in particular lawmakers who often are just looking for
the quick and politically expedient fix," Jacobs said.
British lawyer Ian McFarlane said that the licensing change might have
been meant to placate members of European Union, which is currently conducting
two investigations into MS' alleged monopolization of the operating system
market in Europe.
Jacobs said Microsoft's action would not mean much to software
competitors.
"XP integrates even more features into the operating system and thus the
battle for the desktop is reduced in importance. If video/audio streaming,
browsers, e-mail encryption, P3P privacy protocols and the like are integrated
into the operating system, what good is an icon link on the desktop to Media
Player, AOL, Netscape or Real Audio?"
Microsoft Chief Executive Steve Ballmer said the licensing changes are
effective immediately, meaning computer manufacturers can implement the loosened
restrictions in their plans for the Windows XP desktop, along with systems
shipping presently.
Oddly, Microsoft's
official
statement on Wednesday's announcement dwelt mostly on the company's plans
for its forthcoming release of Windows XP.
But some information on what the new licensing announcement specifically
allows manufacturers to do was included.
According to the statement, PC manufacturers will now have the option to
remove "Start" menu entries and icons that provide end users with access to
Internet Explorer and can put icons directly onto the Windows desktop.
"Based on extensive customer usability studies, Microsoft had designed
Windows XP to ship with a clean desktop and improved Start menu, but PC
manufacturers will now have the option of continuing to place icons on the
Windows desktop if they want to," the statement read.
Microsoft will also be implementing new "easy remove" options in XP,
which will allow users to delete the Web-browsing program, and/or its icons.
Officials for Dell, Gateway and Compaq also offered comments, which were
included in Microsoft's statement. Here again, most of the reactions focused on
how excited everyone is about XP.
But all the manufacturers did manage to note in their comments that they
were looking forward to being able to "customize" their machines' desktops and
program lineups for their customers.
Compaq Computer spokesman Arch Currid told an Associated Press reporter
that Microsoft already has cooperated in giving Compaq some freedom to structure
desktops on its computers.
"We already really have a strong relationship with Microsoft and we felt
like we had good flexibility before this decision," Currid said.
Microsoft originally responded to the Appeals Court's ruling on June 28 with
a statement expressing approval of the court's decision, saying the company was
pleased that the court had overturned most of the lower court's findings against
the company, drastically narrowing the case and removing the breakup cloud from
the company.
In the statement, the company said: "We recognize that as a successful
company, we have an important responsibility under the law and to the broader
industry. We take that responsibility very seriously, and we will continue to
work hard to provide great opportunity for our industry partners and consumers."
The statement also contained a promise that Microsoft would work toward
resolving the remaining issues quickly.