back to article Microsoft 'didn't notice' it had removed Browser Choice for 17 months

Brussels' competition commissioner has opened a fresh investigation into Microsoft's practice of using its Windows operating system to push people into using its Internet Explorer browser, following allegations of non-compliance with an EC settlement deal the software giant agreed to in late 2009. Microsoft, under the legally- …

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        1. Steve Todd
          Stop

          Re: You seem to be living under the belief

          Firstly 63% is the percentage of web accesses, not users. Android users keep telling us how they are selling more mobile devices than Apple.

          Secondly its not a monopoly position anyway.

          Thirdly (and what got MS into trouble) its not illegal to hold a monopoly, what IS illegal is to use that monopoly to unfairly gain advantage in another market. Forcing users to take IE (to the point of nailing it into the OS and banning OEMs from installing third party browsers) in order to gain market share was what caused the trouble.

  1. I ain't Spartacus Gold badge

    Well that's the Greek bailout sorted out!

    Now which companies are we going to fine to bail out the Spanish? Intel, Google and Apple should be enough. Set lawyers to kill...

    1. joeW
      Pint

      Hey now - us Irish are ahead of them Spanish José-Come-Lately types in the queue for bailout cash! Plus Apple and Intel both run large operations here so we should get first dibs on any cash made by extortin...er....fining them.

      Beer icon, because hopefully we'll be able to afford one again soon.

      1. Natalie Gritpants

        Intel et al in Eire

        Tell you what why don't you put your corporation tax rates up to the EU average and close some of those tax loopholes? No need for fines.

        1. Sleepy 3

          Re: Intel et al in Eire

          Because it's the only thing stopping them all buggering off to India?

        2. 142
          Facepalm

          Re: Intel et al in Eire

          Though the headline 12.5% figure appears low, Ireland's effective corporate tax rate is actually around the EU average, unlike countries like France that have a headline tax rate in the high 30s, when in reality their effective rate is 8.2%.

        3. joeW
          Coat

          Re: Intel et al in Eire

          > Tell you what why don't you put your corporation tax rates up to the EU average and close some of those tax loopholes?

          Well I suppose the main reason is that I'm not the Minister for Finance.

        4. Anonymous Coward
          FAIL

          Re: Intel et al in Eire

          > Tell you what why don't you put your corporation tax rates up to the EU average and close some of those tax loopholes?

          Or... tell their government to stop spending so much f*cking money.

          1. Anonymous Coward
            Anonymous Coward

            Re: Intel et al in Eire

            "Or... tell their government to stop spending so much f*cking money."

            Spend so much f*cking money on bailing out the private sector - which is what caused the problems in the ROI (and the UK, USA & Spain - but not Greece).

            1. Anonymous Coward
              Anonymous Coward

              Re: Intel et al in Eire

              > but not Greece.

              Greece's situation with tax has not changed for generations.

              It is the scapegoat blamed for their current financial problems.

              The truth is, their government, like many other governments around the world (including the UK under Labour) vastly overspent on pointless and fanciful public projects that they neither needed nor wanted. In many cases, those projects weren't even completed.

              Knob.

              1. Magnus_Pym

                Re: Intel et al in Eire

                Yes. Because of Labour's huge increase in public spending my wife lost her job when they cut hundred's of thousands of civil service post. By the way when where these 'good times' that 'Dave' refers to when the last government should have been saving for the 'bad times'? Anybody remember them?

                Knob

        5. Field Marshal Von Krakenfart
          FAIL

          Re: Intel et al in Eire

          @Natalie Gritpants

          Yeah, that's a great idea, I think Ireland should increase its corporation tax rate to the lowest corporation tax rate of say... France.

          Then Ireland would have to increase its corporate tax rate by....... -1%

          Glad to see you haven't lets facts get in the way of your opinion.

          1. Field Marshal Von Krakenfart
            Facepalm

            Re: Intel et al in Eire

            Oooohhh I got it wrong....

            The French Agency for International Investment – the French “IDA” has cited the recent study by the World Bank and Price Waterhouse Coopers which has calculated the French effective corporate tax rate to be 8.2%, which is very considerably lower than its nominal rate of 33.3%.

            http://www.fixmytax.com/index.php/fix-my-tax-blog-2/27-french-proclaim-their-low-corporate-tax-rate.html

            So for Ireland to have the same effective rate of France Ireland would have to increase its corporate tax rate by....... -4.3%

      2. tony2heads
        Pint

        Beer!

        It should be Guinness (or if the fines are big enough whiskey)

        -Mine's a Paddy

  2. I ain't Spartacus Gold badge

    Interesting

    I just had this download by update on a laptop I was setting up yesterday. But thinking about it, there was no browser ballot screen when I set my Mum's new PC a month ago. I believe the operative term here is "Ooops!".

    I can't imagine MS were stupid enough to do this deliberately. But it still shows a certain contempt for the decision. To think they just had a couple of million shaved off their fine, on appeal. Now the EU can claw all that back again, and maybe some more...

    Perhaps the punishment should be to make them bake it into the OS this time, rather than delivering it as an update?

    1. Field Marshal Von Krakenfart

      Re: Interesting

      I can't imagine MS were stupid enough to do this deliberately.

      I can imagine it.

  3. Shagbag

    Admission of Guilt

    So they've admitted non-compliance and now they're pleading leniancy.

    They obviously didn't take the EU Commission seriously enough as this should never have happened.

    Everyone else here has to take them seriously, so I don't see why MicroSoft should be treated differently.

    1. Don Jefe
      Happy

      Re: Admission of Guilt

      I didn't realize anyone took the EU Commission seriously...

    2. Anonymous Coward
      Anonymous Coward

      Re: Admission of Guilt

      Unfortunately corporate fines don't impact those who took the illegal decisions (or were incompetent), and they don't alter behaviours. So year in, year out, somebody is being fined eye watering sums for cartel practices - but that doesn't stop people doing it.

      The EU competition authorities have levied fines amounting to one to two billion euro a year, and have been doing this for a decade or more. And halfway through 2012 we're already at €0.4bn of fines, not including anything MS have to pony up. And there's no shortage of ongoing work for these boys:

      http://ec.europa.eu/competition/cartels/cases/cases.html

      Who then pays the fine? Is it the investors - often your or my pension fund? Or, given that all of an established company's revenue comes from customers, is it the customers paying the fine? Either way, the guilty management feel that the prospective penalties on them multiplied by the chance of discovery and successful conviction are less than the benefits of crooked business. And the number of personal punishments for competition offences is small enough to qualify as non-existent.

      So if MS are fined again, who's actually losing out, other than you or me in some capacity or other?

    3. Shagbag

      Re: Admission of Guilt

      Neelie Kroes in March 2004 said: "Microsoft was the first company in fifty years of EU competition policy that the Commission has had to fine for failure to comply with an antitrust decision."

      ...and they've now gone and done it again. I don't think there'll be any leniency from the EC.

  4. Anonymous Coward
    Anonymous Coward

    Who cares about this. How about they pay their fines? Greece needs the money :)

  5. Patrick O'Reilly

    2014

    So 2014 covers displaying the browser choice screen on Windows 8 too? What about Windows RT?

    And I've been looking but I can't seem to find the browser choice screen on Windows Phone 7 either?

    1. Anonymous Coward
      Anonymous Coward

      Re: What about Windows RT? Windows Phone 7?

      Just as soon as there's a chance that MSFT is doing too well with phones and tablets ...

  6. Anonymous Coward
    Alien

    So that's why my browser disappeared!

    Turned PC on and this stupid window appeared telling me it had 'without my permission' deleted my browser shortcut and I had to pick which browser I wanted to use.

    Surely this is illegal alteration of my PC without my permission?

    At least I now know where to target the Destiny Ascension's main gun........

    (They broke Omega's only rule......)

    1. Anonymous Coward
      Anonymous Coward

      Re: So that's why my browser disappeared!

      "this is illegal alteration of my PC without my permission"

      Sorry mate, have you read the MS EULA? They say they can remove functionality without recompense, probably aimed at DRM stuff (e.g. revoking a compromised video card's permission for HD video) but I'm sure it covers this (and any other breaking of functions) as well.

      I mean, just who do you think you are? It is not like you own the software now, do you?

    2. jonathanb Silver badge

      Re: So that's why my browser disappeared!

      It isn't illegal when the law requires them to do it.

  7. Anonymous Coward
    Facepalm

    In other words ...

    "we believed when we filed our most recent compliance report" ... even painting MS in the best possible light ... they didn't check. Trust in MS is going down the pan.

    1. jnffarrell1

      Re: In other words ...

      If we could get our hands on the pre stacked boilerplate compliance report for 2013 we would find that all it lacks is Balmer's signature. Why waste money on MS legal issues when you could have your lawyers creating issues for your competitors.

  8. Roger Greenwood
    Happy

    "checks to see if Internet Explorer is the default browser"

    so that's why i've never had a choice!

  9. present_arms

    Honest guv, it was a simple mistake :P yeah riiiiiiiight

  10. Anonymous Coward
    Anonymous Coward

    So that's what SP1 was for

    Oh and the regular jumble of bug-fixes.

  11. ElNumbre
    Thumb Up

    The Scooby Doo Defence...

    I was hoping they'd come out with the Scooby Doo defence..

    We would have got away with it, if it wasn't for those pesky bEurocrats

    .

  12. This Side Up
    WTF?

    Why do we need a BCS?

    Just go into IE, download and instal your browser of choice, uninstall IE. Job done.

  13. Anonymous Coward 15
    Facepalm

    Which joyless wankers

    have been reporting the violation?

    1. Manolo
      Black Helicopters

      Re: Which joyless wankers

      Opera

    2. Bonce

      Re: Which joyless wankers

      Lawyers

    3. hplasm
      Windows

      Re: Which joyless wankers

      If IE brings you joy, you are a sad fucker indeed.

  14. Hoodlum

    And at what point...

    will Apple be required to do this too with OSX?

    1. M Gale

      Re: And at what point...

      About the same time they gain near-enough 100% of the desktop computer OS share?

      Let's face it, you can get along quite nicely without ever touching an Apple-branded machine. Try that with Windows and see how far you get.

      No, neckbeards who like to pretend that LaTeX is the same as Office or in any way appropriate for normal people, you don't count. And yes, I do use various Linuxes.

    2. Charlie Clark Silver badge

      Re: And at what point...

      As soon as Apple makes Safari a requirement for particular tasks then you can imagine the lawyers penning their letters.

      More surprising is the lack of action taken against the App Store and the whole walled-garden approach.

      1. Philip Lewis
        FAIL

        Re: And at what point...

        Why?

        You are free to buy any handset you wish, there are literally hundreds from which to choose, with various OSs and capabilities. There is no monopoly in the handset market (APPL or anyone else), and AFAIK APPL is not under any anti-trust investigations.

        So, it is completely and utterly unsurprising that no action has been taken against APPL for their non-monopoly behaviour. This would first require APPL to break the law, or become a monopoly and then breach the anti-trust provisions prevailing upon monpolies, neither of which have happened, or are liekly to happen any time soon.

        So, perhaps you should start at kindergarten and work up from there again, eh?

  15. TeeCee Gold badge
    Facepalm

    So nobody noticed.....

    .....apart from the Eurocrats?

    <Slow handclap>

    The EU. Pissing your money on the wall in a pointless bureaucracy-fest since 1993[1]. They'll probably end up fining MS again, we'll pay for it indirectly in higher prices somewhere and they'll spend the cash on hiring a load of quants to analyse cattle hoof health surveys, a new institute to foster better relations with Ghanaian squirrel-farmers, more plushly appointed carriages to cosset their backsides on the Brussels-Strasbourg run, or similar......

    [1] It was called something else before that. Pick your favourite from "Common Market", "European Community", "European Economic Community", Fourth Reich.......etc ad nauseum.

    1. Charlie Clark Silver badge
      FAIL

      Re: So nobody noticed.....

      Oi, wanker.

      It was already known as the European Commission in 1993. The Commission's budget is tiny in comparison to GDP, national budgets or the multitude of subventions that member states push through to support their pet industries. But maybe you'd prefer price-fixing and higher mobile phone charges?

      That's not to say that the Commission hasn't wasted money on pet projects but it does have a far better track record than most national governments.

      1. Anonymous Coward
        Anonymous Coward

        Re: So nobody noticed.....@Charlie Clark

        "The Commission's budget is tiny in comparison to GDP" Then you can f***ing well pay my household's share of the UK's ten billion quid net contribution.

  16. squilookle
    Windows

    Good. That screen is a pita. Of the few computers I support for friends/family, those who saw the screen were confused by it, those who would be interested had already jumped and so did not see it.

    I rarely defend ms, but they should be shipping a browser with their OS and its reasonable it should be their own browser. I don't recall Windows ever attempting to make it difficult for me to install an alternative.

  17. Big_Ted
    Devil

    A fitting outcome would be.....

    Don't fine MS any more, they will only tie it up in appeals etc for years.

    Instead force them to allowother browsers on Wnidows 8 with full API etc access and a BCS screen as part of the install process.

    Then state that compliance is mandentrary for them to be able to release the software and can only be turned off if they win an appeal.

    That way I could have firefox or chrome or whatever I want without it being hamstringed.....

    1. Pascal Monett Silver badge

      What exactly is hamstringing you ?

      I have Firefox, Seamonkey, Opera AND Chrome installed next to IE and I see nothing preventing me from using any of them.

  18. Adrian Midgley 1
    Linux

    This does not reduce my trust in MS

    But then, what would.

    There is a consistency to that firm, is there not?

  19. This post has been deleted by its author

  20. Anonymous Coward
    Anonymous Coward

    How much money??

    So you could say that all the advertising they've done recently for IE9 was a waste of money because average Joe wouldnt have realised he had a choice anyway!?

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