Re:Alternative proposal for sanctioning MS (Score 3, Interesting)

Microsoft's monopolistic market power is based on its leverage of the Windows/Office platform and revenue streams. Therefore, the best resolution to the antitrust case is one which increases competition by reducing the ability of Microsoft to leverage the platform and revenue or otherwise invade the privacy of the customer as a result of the foregoing.

Here is my proposed consent decree:

1.).Net Framework: Microsoft must open source (BSD license) the .Net framework including any modifications thereof or successors thereto. This will permit two things: a.) relatively rapid porting of the framework to alternative operating systems while eliminating potential inconsistencies due to multiple framework development efforts (i.e. freeing resources devoted to the redundant Mono framework) and b.) platform independent applications (i.e. applications written exclusively to the .Net platform should be capable of running on Windows, Linux, Mac OS X, etc. a la Java). Microsoft would be bound by decree to certain source and object code publishing and documentation requirements a la Sun's voluntary efforts related to OpenOffice.org.

2.)Incorporation of Nonessential Functionality in Products: Microsoft must offer a simple means of avoiding the installation of or removing the following functionality post-installation: a.) all applications or network-based services not integral to the proper operation and maintenance of the Windows operating system (i.e. explorer, movie maker, photo editor, imaging software, media player, messenger, games, MSN Explorer plus whatever .NET services evolves into); b.) any network authentication source; c.) any advertising or sponsorship links. Related to this, Microsoft must not require the use of any network based service to use its desktop applications (i.e. why is Passport required to open my Money 2002 file?). Microsoft must further x.) permit third parties to utilize an API facilitating equivalent functionality for authentication and provision of services to the Windows platform/Microsoft desktop application as that used by Microsoft for .NET services; y.) give users the ability to chose any third party provider; and z.) simplify that choice by listing alternative providers with 2% or more of the market for any given class of network service where this list is sorted by market share.

3.)Privacy Management: Microsoft must not distribute any information it gathers about its customers/users to any third party without the explicit, opt-in, time-limited consent of that user. Microsoft must provide a simple, secure method for any customer/user to view all information that Microsoft has gathered with respect to that user and permit the customer/user to delete any or all of such information. Microsoft must use its "best efforts" to secure such information from accidental divulgence to third parties. Absent explicit, opt-in, time-limited consent, Microsoft must demonstrate that it does not utilize internally or distribute certain user information including contacts, calendar, and financial information except as absolutely essential to the provision of that service.

4.)Pricing/Marketing Restrictions: Microsoft must offer standardized, openly published pricing to any customer for a given volume of products. Microsoft must not enter into any agreement which would have the contractual or de facto result of exclusivity for Microsoft.

5.)Compatibility with Other Office Programs: Microsoft must offer the OpenOffice XML file filters for the following Microsoft Office versions: 97, 2000 and XP via a download from its Office support website and must bundle these filters as one of the default supported file formats in any future Office version or any service pack for an existing Office version. Further, Microsoft must publish the file formats for the following desktop applications: Office including FrontPage and Publisher, Visio, Project, and Money including the current version, two past generations, and all future versions (three months prior to commercial release of a product utilizing the new format). The DOJ would reserve the right to add to this list of products.

6.)Open Source Device Drivers: Except to the extent that such incorporates third party copyrights, Microsoft must release the technical specifications and open-source (BSD license) its source code, to every extent possible, for all devices and peripherals supported by the current version of Windows (i.e. scanners, printers, sound cards, video cards, hard drives, USB devices, controller cards and chips). Program management for this effort will be similar to the open source .NET framework program. With respect to third party copyrights, Microsoft must use its best efforts to obtain a BSD license for such copyright so as to permit full disclosure and incorporation of that code in third party operating systems.