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Google asks court to extend Microsoft oversight

Breaking news: Here's my initial story, and last week's post outlining Google's position on the desktop search feature in Windows Vista.

Update, 11:15 a.m.: Here's Google's court filing: PDF, 7 pages. The company is seeking to extend a portion of Microsoft's antitrust consent decree, which is otherwise set to expire in November. More to come.

Update, 12:05 p.m.: In essence, Google says it's not fully satisfied with the agreement reached last week in response to its complaint over Windows Vista's desktop search feature. The company wants the consent decree extended to allow the court to oversee Microsoft's implementation of last week's deal, and to see whether the agreement is effective.

A key excerpt from Google's filing:

"The proposed remedial measures regarding user access points are only vaguely described in the status report, and it is not immediately apparent that they will give users and OEMs the rights to which they are entitled under ... the Final Judgment. For example, it appears that Microsoft will continue to show its own desktop search results when users run searches from prominent shortcuts and menus throughout the operating system, though users will now be given a mechanism to request results from their chosen desktop search product by taking a second step after they have first viewed results from Microsoft's product.

"In addition, although the status report does not mention the fact that one of the menu entries in the Vista Start menu and in various 'right-click' menus is the word 'Search,' Google understands that Microsoft may intend to remove these menu entries from Vista and deprive users of these access points altogether rather than provide the user choice required under ... the Final Judgment.

"With respect to the automatic invocation of Microsoft's desktop search product following the boot sequence ... it appears that the proposed measures would not result in any changes being made in the operating system. Instead Microsoft will provide unspecified technical information about indexing to OEMs, Independent Software Vendors, and end users."

Responded Microsoft spokesman Jack Evans, via e-mail: "The government has clearly stated that it is satisfied with the changes we're making. Google has provided no new information that should suggest otherwise in their filing."

U.S. District Judge Colleen Kollar-Kotelly agreed last year to extend, until 2009, the portion of the consent decree that requires Microsoft to share technical information about Windows with rivals in the computer server market.

However, that extension was made at the request of the U.S. Justice Department, with Microsoft's agreement in advance.

In her November 2002 opinion, Kollar-Kotelly wrote: "In the Court's view, Plaintiffs, having initiated and litigated this suit, are the proper parties to evaluate complaints by non-parties regarding alleged violations of the Court's decree."

Update, 4:40 p.m.: In its own court filing (PDF) Microsoft is asking the court to deny Google the standing it needs to have its arguments considered. See this follow-up post for more details.

Posted by at June 25, 2007 10:38 a.m.
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