Could the EU ban the Windows desktop from Europe?

A REPORT ON Reuters says that Microsoft has warned the European Union that if it is forced to remove its Media Player from Windows, which it says would mean rewriting the OS for the European market, those users may end up with a worse version of Windows than others in the rest of the world.

But Microsoft's presentation to the EU regulators, both orally and videotaped, said it would not remove its Media Player as part of any settlement.

This all stems from a European Commission investigation that alleges that Microsoft's bundling of its Media Player with Windows has broken EU antitrust law, which has allegedly disadvantaged other competing players like RealNetworks' RealPlayer and Apple's QuickTime. So what happened in the browser wars could be repeated again in the media player market.

Microsoft having to "rewrite" its OS doesn't ring true when one sees the flexibility that is built into Windows Embedded. Components of that OS can be added or removed to target different requirements. So why can't the same be done with the desktop version of Windows?

Third party software is also available that will remove unwanted Windows components. Of course, Microsoft would argue that even if those components don't appear to the user as a function of Windows, the underlying software is still there.

Microsoft refers to its Media Player as a "function" of Windows, the EU Commission says it is a "product". I think the way that Microsoft differentiates a software component as one or the other is how it best meets its strategic goals.

When Microsoft woke up to the importance of the Internet and the need to have a browser, the "product" eventually became a "function" of Windows. So it's apparent that when required, Microsoft will move the goal posts to meet its own strategic needs.

If the EC wins its day in court and demands that the Media Player be removed, what will Microsoft do? If it complies, I believe the company would be committing antitrust suicide. Microsoft would have to explain how it could remove Media Player, supposedly a "function" of Windows, when it couldn't do the same with its IE browser.

I don't see Microsoft committing antitrust suicide, as it would open a string of lawsuits alleging perjury. So if the EU wins its case and demands the removal of Media Player, and the software giant says it can't do so because it would break Windows, could such an action cause the EC to ban the Windows desktop from Europe?

If Microsoft loses this case, it will be in the dilemma of all dilemmas. On the one hand, lawsuits alleging perjury, and on the other a possible European ban, which would put the Open Source desktop on a fast track to rapid and widespread use.

Let's hope that the EU antitrust commission proves to have wiser heads than their US counterparts. The US DOJ's kids glove approach to Microsoft allowed a convicted monopolist to have its cake and eat it. Whatever Microsoft's threats, let's hope the EU does what's right for the best interests of desktop computer users.

An EU ruling is expected by the middle of next year. If Microsoft doesn't agree with the findings, a court case will likely follow. µ

L'INQ
Reuters via Forbes

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