MS pressured to quit delaying and comply with antitrust settlement

By Matt Whipp

Posted on 4 Jul 2003 at 11:35

The US Justice Department has reported to a federal judge that it is 'concerned' with the way Microsoft is dragging its heels in complying with terms of the antitrust settlement.

In particular, the Microsoft Communications Protocol Program (MCPP) is the thorny issue. The program was designed to 'license certain Communications Protocols on reasonable and nondiscriminatory terms' and 'in a timely manner' - in fact within three months of the settlement - and for the purpose of 'unfettering the market and restoring competition'.

The MCPP IP licensing program gives third parties access to the necessary bits of Microsoft code needed to ensure rival software can interact properly with Microsoft server products and thus compete effectively with Microsoft's own 'middleware'.

However, the Department is unhappy about the royalty structure and rates proposed by Microsoft, as well as the the time Microsoft is taking to implement agreed changes, and is recommendng 'that further steps may need to be taken... to account for Microsoft's delayed implementation.'

Indeed the report points out that in the text of the antitrust settlement itself, the importance of having these terms met quickly is vital - otherwise 'it is quite possible that the core of the decree would prove prematurely obsolete.'

Microsoft spokesman Jim Desler said, 'Microsoft has complied with the settlement, but is open to considering additional feedback from government and industry.

'We've worked together and made some initial changes to this complex and unprecedented program and we will continue to work together.'

As recently as April, the US Justice Department had negotiated less stringent terms for potential licensees on the MCPP, reducing costs and removing NDAs tied to even viewing some of the documentary information.

But since then and ongoing today, the Justice Department has received numerous complaints about the way Microsoft is carrying out its obligations under the settlement. Even now it is investigating eighteen 'substantive complaints' of 'specific allegations' that 'require a longer time frame'. The Department's next report is due on 24 July.

See also

Microsoft open up Windows to third-party software