Software Competition Will Not Be Restored Because The Settlement Does Not Create A Level Playing Field For Independent Software Vendors

SOFTWARE COMPETITION WILL NOT BE RESTORED BECAUSE THE SETTLEMENT DOES NOT CREATE A LEVEL PLAYING FIELD FOR INDEPENDENT SOFTWARE VENDORS

This image shows five boxes of text. Each text box includes a question in bold and two to five sentences below each question. To the left of each text box is a drawing of a man in a dark blue suit and red tie who is carrying a large building on his back.

Box 1: DO I HAVE A FAIR CHANCE TO HAVE CONSUMERS USE MY PRODUCT?

• Consumers have to choose my software twice to get my icon on the screen.
• Consumers never have to choose Microsoft’s; it’s still the default.
• Microsoft can sweep my icon off the system every 14 days.

Box 2: WILL OEMs PUT MY PRODUCT ON THE PC?

• Microsoft’s code is guaranteed to be in every PC, only its icons are removed.
• My code gets into only those PCs that I convince OEMs to install.
• Microsoft can still give OEMs “considerations” to promote its product.
• Microsoft can engage in Joint Ventures and prevent OEMs from using mine.
• Microsoft can leverage its monopoly applications to keep my products out.

Box 3: WHAT APIs DO I GET TO SEE?

• Only APIs for products Microsoft has already developed.
• Only APIs that Microsoft has decided not to move into the operating system.
• Only APIs that Microsoft decides do not compromise its piracy, virus, licensing, digital rights management, encryption or authentication systems.

Box 4: WHEN DO I GET TO SEE THE APIs?

• Very late in the process, after Microsoft has had a huge head start in developing its products.
• Only after Microsoft ships a fix, up until a year from now.

Box 5: WHAT DO I HAVE TO DO TO SEE THE APIs?

• License my software to Microsoft.
• Convince Microsoft my planned product is reasonable.
• Let Microsoft decide if I have a viable business.
• Let Microsoft review and certify my product before I ship it.

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