Association for
Competitive Technology

Tale of the Tape
A comparison of the Court of Appeals ruling with the proposed settlement agreement

 

This settlement "encompasses the relief that was signaled by the Court of Appeals."
 -
Attorney General John Ashcroft, Department of Justice press conference, November 2

"The settlement is consistent with the relief we believe we might have obtained in litigation. This settlement, however, has the advantages of immediacy and certainty."
 -
Assistant Attorney General Charles James, Department of Justice press conference, November 2

Findings of Anticompetitive Conduct by the Court of Appeals Settlement Section
Limiting promotion of browsers or restricting OEMs from modifying the initial load sequence II.C, II.G.1, II.H
Prohibiting deletion of the Internet Explorer icon II.E.1-3
Commingling Internet Explorer & Windows code without providing a simple mechanism for OEMs and users to remove access to Internet Explorer II.H.1-3
Restrictions on the promotion and distribution of competing web browsers by Internet Access Providers II.A.1, III,C.1-2
First-wave requirements for software vendors to use Microsoft's Java Virtual Machine III.F.2
First-wave requirements for software vendors to use Internet Explorer III.G.1
Leveraging MS Office to induce Apple to feature Internet Explorer III.G.2
Misleading Java Developers III.D
Pressuring Intel to end their Java Virtual Machine development

III.E.1

 

"We believe because it exceeds the kind of relief that was signaled in the Court of Appeals opinion of earlier this year, it is a very strong outcome, and an outcome which would be a good outcome whether or not September 11th had taken place."
 -
Attorney General John Ashcroft, Department of Justice press conference, November 2

Other Provisions Benefiting Consumers and Competitors that are NOT required by Court of Appeals findings Settlement Section
All settlement provisions shall apply to future Windows operating systems, including Windows XP VI.E
Allow OEMs to ship alternative operating systems II.A.2, III.C.4
Require uniform licensing and pricing schedules for the 20 largest OEMs III.B
Microsoft must publish client/server communications protocol III.E, III.I
Broad definition of "middleware" and "Microsoft Platform Software" to include media players, instant messaging software, and e-mail clients (e.g., Outlook Express) III, VI.K
Compulsory Licensing of intellectual property to competitors III.I
Microsoft must fund an on-site Technical Committee of three members plus unlimited support staff to monitor enforcement and compliance IV.B
Microsoft must appoint an internal Compliance Officer IV.C

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