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Details: Opera's antitrust complaint vs. Microsoft

Significant antitrust news out of Europe this morning: Opera Software, maker of the Opera browser, says it has filed a complaint against Microsoft there, accusing the company of abusing the dominance of Windows to give Internet Explorer an unfair edge in the market.

If this sounds familiar, it's because it was a central issue in Microsoft's U.S. antitrust case, which resulted in a settlement that didn't sever the connection between the Microsoft operating system and browser.

Here's Opera's summary of its complaint to the European Commission:

Opera requests the Commission to implement two remedies to Microsoft's abusive actions. First, it requests the Commission to obligate Microsoft to unbundle Internet Explorer from Windows and/or carry alternative browsers pre-installed on the desktop. Second, it asks the European Commission to require Microsoft to follow fundamental and open Web standards accepted by the Web-authoring communities. The complaint calls on Microsoft to adhere to its own public pronouncements to support these standards, instead of stifling them with its notorious "Embrace, Extend and Extinguish" strategy. Microsoft's unilateral control over standards in some markets creates a de facto standard that is more costly to support, harder to maintain, and technologically inferior and that can even expose users to security risks.

Here's Microsoft's statement, from a company spokesman:

"It's important to note that computer users have complete freedom of choice to use and set as default any browser they wish, including Opera, and PC manufacturers can also preinstall any browser as the default on any Windows machine they sell. Microsoft is committed to ensuring that freedom through our Windows Principles. Internet Explorer has been an integral part of the Windows operating system for over a decade and supports a wide range of web standards. We will of course cooperate with any inquiries into these issues, but we believe the inclusion of the browser into the operating system benefits consumers, and that consumers and PC manufacturers already are free to choose to use any browsers they wish."

I'll be posting updates throughout the day. Stay tuned.

Update, 10 a.m.: As it happens, I asked Opera Software CEO Jon von Tetzchner about Windows/IE antitrust issues when he visited Seattle last year. This was our exchange at the time:

Q: Do you feel that what Microsoft does, bundling Internet Explorer with Windows, is fair?

Tetzchner: There was a court case between Microsoft and the Department of Justice. I think in a way, it would be better for consumers to have more choice, but I'll leave it to the lawyers -- not our lawyers, but the government.

Q: Would you now, at this point, ever take action on your own?

Tetzchner: There's no plan from our side to do that.

Obviously something has changed in the meantime. Here is the quote from this morning's news release:

"We are filing this complaint on behalf of all consumers who are tired of having a monopolist make choices for them," said Jon von Tetzchner, CEO of Opera. "In addition to promoting the free choice of individual consumers, we are a champion of open Web standards and cross-platform innovation. We cannot rest until we've brought fair and equitable options to consumers worldwide."

Ed Oswald of BetaNews offers an alternative view in this post:

Opera's calls may fall on deaf ears ... especially considering Firefox's rise from Opera's levels to almost a fifth of the browser market in less than two years. The problem with Opera may not be Microsoft per se, but more a lack of buzz in its own product.

Firefox has been able to not only get people to switch to its browser, but also build a vibrant enough community around it that it has actively gone out to pursue converts. On the flip side, the Norwegian browser company has done little to advance its cause on a public level.

Voicing support for Opera is the European Committee for Interoperable Systems, a coalition of Microsoft rivals that has opposed the company on its own before the European Commission.

"Opera is a small, innovative upstart with market leading technology, award-winning products and the determination to deliver the best Internet experience on any device," said Thomas Vinje, ECIS legal counsel, in a statement this morning. "That is a direct strategic threat to Microsoft's avowed intention to 'win the Internet.' "

Follow-up posts:
Q&A: Opera CTO on Microsoft antitrust complaint
Reactions: Opera's antitrust complaint vs. Microsoft

Posted by at December 13, 2007 9:24 a.m.
Categories: , ,
Comments
#75350

Posted by number.61 at 12/13/07 9:49 a.m.

Internet Explorer should be removed from the Windows operating system. Back when it was IE vs. Netscape, as soon as Microsoft bundled IE with Windows Netscape was dead.

This practice should go to every Operating System, Windows, OS X, Linux, etc... It removes any kind of competitive edge when they bundle their own browser into the OS.

Hopefully the EU goes after this.

#75384

Posted by unregistered user at 12/13/07 10:47 a.m.

Another competitor trying to use the courts to accomplish what has eluded them in the marketplace. Opera should concentrate on better marketing their already very good browser. Maybe then, they'd be enjoying the success that FF has and not whining about forcing MSFT to unbundle IE or bundle multiple browsers.

#75386

Posted by unregistered user at 12/13/07 10:50 a.m.

"This practice should go to every Operating System, Windows, OS X, Linux, etc... It removes any kind of competitive edge when they bundle their own browser into the OS."

Yeah, that helps consumers. What's next? Maybe unbundle backup? Search? Disk utilities? I know, let's ship just a bios and let consumers add the entire OS stack themselves.

#75387

Posted by 8bitjoystick at 12/13/07 10:53 a.m.

Why is Opera still trying to sell a web browser or have it plastered with ads while every other web browser is free? Netscape "Gold" didn't work out so well.

IE : Free
Firefox : Free
Safari : Free
Konquer : Free
Flock : Free
Opera : Not Free or full of banner ads.

#75394

Posted by unregistered user at 12/13/07 11:02 a.m.

8bitjoystick is misinformed. Opera has been free and ad-free since 2005.

#75548

Posted by junk.mail at 12/13/07 4:17 p.m.

And anybody with a mobile should try Opera Mini. Incredibly fast and easy to use. I've been an Opera user since ... well .. the beginning! I use IE for sites specifically written for IE. I prefer Opera over Firefox and all others. It has many more useful features than tabbed browsing. IE users need to explore (sorry, pun unintended) more...

#75672

Posted by unregistered user at 12/14/07 3:18 a.m.

I think that Microsoft should have to unbundle IE from its OS. As it is, even if you use FF or Opera, or another browser, you still have to deal with IE being on the computer, and in some cases that means popups, etc. It is difficult to remove IE from the computer, and as Windows Live/MSN Messenger is directly tied to IE connectivity, if you disable IE's connection you lose Messenger (which isn't necessarily a bad thing, there are plenty of open-source messengers that serve the purpose). However, most people don't want to go throught that trouble.

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