Microsoft flips the EU (and Opera) the bird, and I love it.


In what has proven to be the biggest bullshit argument of the last five to ten years Opera initiated a oh woes me complaint to the European Union about Windows 7 shipping with Internet Explorer 8 and how that was hurting the competitive browser market. Now besides the fact that I’m surprised that Opera still makes a browser worth worrying, about the argument that Internet Explorer is enjoying a the top position in the browser market because it comes with Windows has been proven wrong so many times it has gotten to be plain boring.

That hasn’t stopped the whining though or the desire of the EU to hit up the Microsoft ATM machine for some more cash. Even though Internet Explorer has been losing market share – especially in Europe – to other browsers like Firefox, Safari and even Chrome (but not Opera) this hasn’t stopped the EU from thinking up wonderful ways for Microsoft to make it easier for it’s competition to kick it in the face while it is down. Everything from forcing Microsoft to include other browsers with each Windows distribution to having a “Pick Me” screen that would let the user select the browser they want to download and use has been on the table.

In a brilliant move of chutzpa Microsoft has decided to ship the European versions of Windows without any browser installed. By doing this Microsoft has neatly sidestepped the need for them to supply installable versions of all the other browsers as well as not having to have the “Pick Me” type screen. As John Paczkowski from Digital Daily puts it – “…. if there is no browser, there’s no need for the “must carry” provision the EU is mulling“. Additionally he points out

Perhaps. But Microsoft’s obligation isn’t to provide more choice. It’s to refrain from restricting it, which is exactly what the EC demanded and exactly what Microsoft is doing here.

In a post on the Microsoft On The Issues blog Dave Hiner, Vice President and Deputy General Counsel (so beware legal speak), points out why this idea of a “Pick Me” – or Ballot Screen as Microsoft terms it – isn’t a workable solution at this time

Our decision to only offer IE separately from Windows 7 in Europe cannot, of course, preclude the possibility of alternative approaches emerging through Commission processes. Other alternatives have been raised in the Commission proceedings, including possible inclusion in Windows 7 of alternative browsers or a “ballot screen” that would prompt users to choose from a specific set of Web browsers. Important details of these approaches would need to be worked out in coordination with the Commission, since they would have a significant impact on computer manufacturers and Web browser vendors, whose interests may differ. Given the complexity and competing interests, we don’t believe it would be best for us to adopt such an approach unilaterally.

The general reaction around the big tech blogs has been one of it being a brilliant move by Microsoft. such as Mary Jo Foley who wrote

Thinking it through, I’d say Microsoft’s plan for Windows 7 E is a stroke of genius for the company. In one fell swoop, Microsoft creates anti-EC sentiments; makes itself look like the law-abiding underdog; thwarts the “ballot screen” plan the EC seemed to be favoring, which would put IE on a level playing field with its competitors’ browsers; and possibly earns a few extra bucks via OEM browser-licensing deals.

Personally I think this was one of the smartest moves that Microsoft could have made in this situation. It basically tells all the whiny cry-baby browser makers, chiefly Opera, to STFU and quit trying to blame their woes on Microsoft’s supposed browser dominance. A dominance that doesn’t, and hasn’t, existed for a long time. It also shows the EU that the Microsoft ATM machine is now closed and that if anyone in Europe wants to bitch about having to decide which browser to use they can look to their own elected officials because Microsoft isn’t playing the old “make us your piñata” anymore.

It looks good on ya.

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