| 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 |
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| 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 |
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| 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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