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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
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"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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