Politech mailing list archives

FC: Government wants Microsoft split up and, until then, regulated


From: Declan McCullagh <declan () well com>
Date: Sat, 29 Apr 2000 10:09:37 -0700



http://www.wired.com/news/politics/0,1283,36000,00.html

            Government Wants Control of MS
            by Declan McCullagh (declan () wired com)

            3:00 a.m. Apr. 29, 2000 PDT
            BELLEVUE, Washington -- If Bill Gates was unhappy with
            early reports of the government's antitrust punishments,
            he's going to be plenty steamed when he reads the fine
            print this weekend.

            In two lengthy filings on Friday, government attorneys said
            they eventually hope to carve up Microsoft into two huge
            chunks. But until that happens, their 40KB proposal would
            impose extraordinarily strict government regulations on
            what the world's largest software company may and may
            not do.

            For instance:

                         * Microsoft wouldn't be able to sell
                         computer makers discounted copies of
                         Windows, except for foreign language
                         translations, but would be ordered to
                         open a "secure" lab where other firms may
                         examine the previously internal Windows
                         specifications.

                         * Microsoft wouldn't be able to give
                         discounts to hardware or software
                         developers in exchange for promoting or
                         distributing other company products. For
                         instance, Microsoft would be banned from
                         inking a discount deal with CompUSA to
                         bundle a copy of Microsoft Flight
                         Simulator with a Microsoft joystick.

                         * Microsoft would have to create a new
                         executive position and a new committee
                         on its board of directors. The "chief
                         compliance officer" would report to the
                         chief executive officer and oversee a staff
                         devoted to ensuring compliance with the
                         new government rules.

                         * If Microsoft hoped to start discarding
                         old emails after its bad experiences during
                         the trial, it wouldn't be able to do so.
                         "Microsoft shall, with the supervision of
                         the chief compliance officer, maintain for
                         a period of at least four years the email of
                         all Microsoft officers, directors and
                         managers engaged in software
                         development, marketing, sales, and
                         developer relations related to platform
                         software," the government's proposed
                         regulations say.

                         * Microsoft would have to monitor all
                         changes it makes to all versions of
                         Windows and track any alterations that
                         would slow down or "degrade the
                         performance of" any third-party
                         application such as Internet browsers,
                         email client software, multimedia viewing
                         software, instant messaging software,
                         and voice recognition software. If it does
                         not notify the third-party developer,
                         criminal sanctions would apply.

                         * State and federal government lawyers
                         could come onto Microsoft's campus here
                         "during office hours" to "inspect and copy"
                         any relevant document, email message,
                         collection of source code or other related
                         information.

                         * The same state and federal government
                         lawyers would be allowed to question any
                         Microsoft employee "without restraint or
                         interference."

                         [...]


http://www.wired.com/news/politics/0,1283,35953,00.html

            So, Judge, What's the Call?
            by Declan McCullagh (declan () wired com)

            3:00 a.m. Apr. 28, 2000 PDT
            When government attorneys file their proposed punishment
            in the Microsoft antitrust case on Friday, they should
            expect a warm reception.

            Ever since Microsoft's latest antitrust woes began three
            years ago, U.S. District Judge Thomas Penfield Jackson
            has sided with the government on every important legal
            point.

[...]
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