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September 14th, 2007

Microsoft has changed (some of) its monopolistic ways

Posted by Mary Jo Foley @ 8:04 am

Categories: Anti-piracy, App Compatibility, Channel, Corporate strategy, Google, Internet Explorer, Legal, Linux, Novell, OEMs, System builders, Vista, Windows Live, Windows Mobile, Windows XP, Windows client, Windows server

Tags: Microsoft Windows, Microsoft Corp., Mary Jo Foley

In Focus » See more posts on: WGA

On September 17, the European Court of First Instance will decide whether or not to overturn the European Commission’s 2004 antitrust ruling against Microsoft. A number of company watchers are painting the ruling as a watershed event that will have lasting impact on Microsoft and its customers.

Microsoft MonopolyI disagree. Despite Microsoft flying lots of its legal and marketing teams to Europe to prep for potential PR damage, I think Monday’s ruling won’t have much, if any, new impact. And I also disagree with Microsoft competitors like Salesforce.com’s CEO Mark Benioff who claim little, if anything, has changed and that Microsoft would like to halt innovation, if it could.

Having reported on Microsoft since the early 1990s, I can say I’ve seen a lot of change, regarding Microsoft’s business practices and behaviors. These changes aren’t out of the goodness of Microsoft’s heart; many are happening because times have changed. But Microsoft also has altered some of its less-than-ethical ways as a result of court rulings in the U.S. and overseas. (Do you think Microsoft wanted to institute a flat price list for Windows among the Top 20 PC makers? Voluntary principles spin aside, they had no choice.)

I’d also argue that Microsoft has changed as a result of the departure from the company of a number of Microsoft managers who believed Microsoft was above the law. Some of those who stayed seemingly have gone to charm school to undo old habits.

Today’s Microsoft isn’t yesterday’s. Sure, there are still a few of the old Microsoft guard left who think customers and partners are so dumb and scared that the Redmondians can get away with anything. Microsoft’s vague threats of Linux patent violations meant to scare customers, and its refusal to make Open Document Format (ODF) support a built-in Office feature right alongside its own Office Open XML (OOXML) prove that these attitudes are still alive and well at Microsoft.

Oftentimes, Microsoft’s weak communications skills make the company look even more sinister than it is. A couple of recent examples: The recent Windows Genuine Advantage (WGA) outage and this week’s disclosure that the company has been updating Windows Update on users’ machines without their knowledge/consent.

But the “cut-off-their-air-supply” Microsoft just ain’t what it used to be. If today’s Microsoft were the same unbowed and unbridled company it was back in the 1990s, I think we’d see some very different business practices in place. A more cutthroat Microsoft would:

  1. Create a super ad-blocker that would thwart Google and install it by default on Windows users’ desktops (Windows Connected came up with that one.)
  2. Bundle the Windows Live suite on every new PC and make sure, by license and design, that OEMs couldn’t remove it
  3. Bundle SQL Server in Windows Server
  4. Penalize PC makers who offered Linux on any of their machines by charging them more per copy for Windows, refusing to provide beta Windows code, etc. — all the things it did to OEMs during the Windows 95 era
  5. Bundle its Flash competitor Silverlight with every copy of Windows and Internet Explorer

Microsoft is still a desktop operating-system monopolist. But it’s not the runaway leader in a number of other categories in which it’s playing (search engines, MP3 players, game consoles, mobile operating systems). To assume that Microsoft can wield its desktop Os power to unfair advantage in these areas just because Microsoft is Microsoft is a big leap of faith. At the same time, independent software vendors are a lot more leery these days, in terms of showing Microsoft their products and roadmaps, which should lessen the Redmondiands’ long-favored practice of “borrowing” cool concepts and features to incorporate in their own wares.

Whatever the European Court rules won’t change the market dynamics in place. Whether or not court oversight is extended or new antritust cases are lodged against Microsoft — which they undoubtedly will be — Microsoft execs have been forced to realize they always have to operate with an assumption of illegal monopolistic behavior working against the company. Microsoft brass know that every product development and marketing decision Microsoft makes for the rest of the time it is in existence will be scrutinized for possible lawsuit opportunities.

Couple that realization with changing market dynamics (and Microsoft’s frequent inability to get out of its own way), and I think it’s fair to say that Microsoft has changed — at least to some degree. There’s no way I’d advocate rechristening the company the “Ethical Empire.” But the Microsoft of 2007 is not the Microsoft of 1997.

Do you agree?

(Image: Courtesy of SplitReason.com)

Mary Jo FoleyMary Jo has covered the tech industry for more than 20 years. Don't miss a single post. Subscribe via Email or RSS. You can also follow Mary Jo on Twitter.

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  • Talkback
  • Most Recent of 134 Talkback(s)
MS is not in trouble for doing well
I am really tired of ignorant ranters simplifying antirust to make it sound antit-comeptitive, anti-innovative, and anti-freetrade. It is not. Oh poor little being targeted for being a success. No. No... (Read the rest)
Posted by: Res Ipsa Loquitur Posted on: 10/02/07 You are currently: a Guest | | Terms of Use
Kerberos  shis-ka-bob | 09/14/07
DNA  hairyR | 09/14/07
Yep  Fred Fredrickson | 09/17/07
so....  evilkillerwhale@... | 09/17/07
MS is not in trouble for doing well  Res Ipsa Loquitur | 10/02/07
It must be a money thing for Mary Jo.  nomorems | 09/14/07
You must not know the Mary Jo I know  andrej770 | 09/14/07
not helpful  shis-ka-bob | 09/14/07
Thanks for your opinion.  andrej770 | 09/14/07
Staid middle age.  Anton Philidor | 09/14/07
Mary Jo has changed (some of) her completely biased ways  andrej770 | 09/14/07
Change  Mary Jo FoleyZDNet Moderator | 09/14/07
See! MJ WAS biased against MS and is now biased FOR MS!  nomorems | 09/15/07
RE: Microsoft has changed (some of) its monopolistic ways  dahowlett@...ZDNet Moderator | 09/14/07
The web has hurt MS  j.m.galvin | 09/14/07
Changed? No, but they have hired more and better lawyers  No_Ax_to_Grind | 09/14/07
But, but...  nomorems | 09/14/07
MS gives to both regimes  otaddy | 09/14/07
Oh thats easy...  No_Ax_to_Grind | 09/14/07
even easier  otaddy | 09/14/07
yes the gov have and should use that power  Quebec-french | 09/14/07
Even if basis for law is unclear  otaddy | 09/14/07
Wrong question  Yagotta B. Kidding | 09/14/07
No legal limit!  otaddy | 09/14/07
well it depend on the point of view  Quebec-french | 09/14/07
I have never heard of this  otaddy | 09/14/07
He may be a little off track  John Zern | 09/14/07
hey its a personel idea  Quebec-french | 09/15/07
Thanks again for good information guys  otaddy | 09/16/07
You are correct, I think anti-trust law is at best  No_Ax_to_Grind | 09/14/07
Crippling advantage  Anton Philidor | 09/14/07
No, however I would like  No_Ax_to_Grind | 09/14/07
An administrative designation would work.  Anton Philidor | 09/14/07
And...  No_Ax_to_Grind | 09/14/07
Microsoft competes with Microsoft.  Anton Philidor | 09/15/07
You make my points for me  No_Ax_to_Grind | 09/16/07
Glad to agree.  Anton Philidor | 09/16/07
Sadly I think No_Axe's days are numbered.  nomorems | 09/15/07
No set point  Yagotta B. Kidding | 09/14/07
Simply not true.  No_Ax_to_Grind | 09/14/07
Misunderstanding?  j.m.galvin | 09/14/07
Disagree..  No_Ax_to_Grind | 09/14/07
No-Ax re disagree  j.m.galvin | 09/14/07
Sort of, kinda, and maybe...  No_Ax_to_Grind | 09/15/07
Difference between European Democracies and USA  mighetto | 09/14/07
Your entire argument is wrong  John Zern | 09/14/07
again I am told off line that I am brilliant  mighetto | 09/14/07
Too pessimistic  Marbux | 09/15/07
However, does that make sense?  No_Ax_to_Grind | 09/15/07
Conduct and structural remedies.  Anton Philidor | 09/15/07
Micosoft's "attitude" is what caused and contines to problems.  No_Ax_to_Grind | 09/16/07
Just a reminder.  Anton Philidor | 09/16/07
Everyone gets too confused with 'market share'.  nomorems | 09/15/07
Corrected phrase is:  nomorems | 09/15/07
RE: Who are you and what have you done with No_Ax?  bka1959 | 09/14/07
Eleventh-hour demand to extend Microsoft's antitrust settlement untill 2012  mighetto | 09/14/07
I would be dead set against extension.  No_Ax_to_Grind | 09/14/07
Jaw drops  John L. Ries | 09/14/07
And I agree with you.  No_Ax_to_Grind | 09/14/07
To large to be allowed to fail  mighetto | 09/14/07
I agree  Richard Flude | 09/14/07
I think you misunderstand  No_Ax_to_Grind | 09/15/07
What would be the benefit...  Anton Philidor | 09/14/07
Many benefits  No_Ax_to_Grind | 09/14/07
Exactly.  Anton Philidor | 09/14/07
Sorry but I have to disagree.  No_Ax_to_Grind | 09/14/07
This is the crux of why anti-trust is bad law  wolf_z | 09/14/07
A company becomes a monopoly...  Anton Philidor | 09/14/07
I agree completely.  No_Ax_to_Grind | 09/14/07
Give me a few months.......  nomorems | 09/15/07
Office is not Windows.  Anton Philidor | 09/14/07
Not really..  No_Ax_to_Grind | 09/14/07
Office highlights MS's monopolistic ways  j.m.galvin | 09/14/07
Ummm....Windows Office verus Mac Office:  nomorems | 09/15/07
Again I say!  nomorems | 09/15/07
No other goal other than to declare MS a Monopoly.  nomorems | 09/15/07
All right  Yagotta B. Kidding | 09/14/07
Its all a  No_Ax_to_Grind | 09/14/07
I believe you're correct...  John L. Ries | 09/14/07
Uhm?  evilkillerwhale@... | 09/17/07
Your dialogue is as a little Chichuachua  Ole Man | 09/18/07
forcing updates to Windows is a big deal  Michael Horowitz | 09/14/07
forcing updates  Ole Man | 09/15/07
I want to agree so badly but...  mighetto | 09/14/07
The $64 billion question  Yagotta B. Kidding | 09/14/07
Microsoft's perception has changed  Larry DignanZDNet Moderator | 09/14/07
Disagree  j.m.galvin | 09/14/07
I disagree  eb276 | 09/14/07
I have as well...  flatliner | 09/14/07
What about Google, Salesforce.com, Facebook  THEE WOLF | 09/14/07
Correct, but dont forget  otaddy | 09/14/07
Fair statement  John L. Ries | 09/14/07
Some ...  doug@... | 09/14/07
Company ALWAYS competed on merits...  Mike Cox | 09/14/07
Wow 9.8  John L. Ries | 09/14/07
That is a load of crap  soonerproud | 09/16/07
9.99 to mike for the post  balaknair | 09/17/07
Microsoft is simply just too good  0011001 | 09/14/07
Good first effort 7.5  John L. Ries | 09/14/07
I will say this  HypnoToad72 | 09/14/07
Lets ask the real question, wouyld a break up cause harm?  No_Ax_to_Grind | 09/14/07
How would the breakup go?  j.m.galvin | 09/14/07
As the monopoly is Windows  No_Ax_to_Grind | 09/14/07
What about Servers etc?  j.m.galvin | 09/14/07
I'd see it as all OSs in one company.  No_Ax_to_Grind | 09/15/07
Even this site proves that No_Ax has been replaced with another MS employe  nomorems | 09/15/07
Little fella, please stop trying to ride my coat tails.  No_Ax_to_Grind | 09/16/07
How about investor change: Fin 48  mighetto | 09/14/07
That makes no sense.  soonerproud | 09/16/07
Changed?  itanalyst | 09/14/07
Plus ca change?  johnfenjackson@... | 09/15/07
Vista criticisms  Mary Jo FoleyZDNet Moderator | 09/15/07
Perhaps you missed part of that article?  j.m.galvin | 09/15/07
Plus ca change?  johnfenjackson@... | 09/16/07
have they?  Rick_K | 09/15/07
Letter to Judge Colleen Kollar-Kotelly  No_Ax_to_Grind | 09/16/07
Interesting . . . I agree with you on not breaking them up, but . . .  Basic Logic | 09/16/07
Microsoft hasn't changed, but NO_AX has.......  Ole Man | 09/16/07
Naw, it's still No_Ax. Remember, he is SSSLLLOOOWWW ~  nomorems | 09/16/07
What is your problem?  No_Ax_to_Grind | 09/16/07
You aren't hearing me  No_Ax_to_Grind | 09/16/07
For once you are right!  Ole Man | 09/18/07
Microsoft has complied...  Anton Philidor | 09/16/07
Post as intended.  Anton Philidor | 09/16/07
Have to disagree Anton  No_Ax_to_Grind | 09/17/07
Improvements.  Anton Philidor | 09/17/07
BULLETIN - Microsoft loses appeal against EU antitrust ruling  Intellihence | 09/17/07
Microsoft has only changed because it's been forced to.  Resuna | 09/17/07
I would LOVE to see MORE bundling  Johnny Vegas | 09/17/07
Never quite got it...  Ginevra | 09/17/07
It's all your fault!  Ole Man | 09/17/07
RE: Microsoft has changed (some of) its monopolistic ways  mwagner@... | 09/21/07
__________(insert choice) has changed it's ways  Ole Man | 09/21/07
RE: Microsoft has changed (some of) its monopolistic ways  gpaine | 10/01/07

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