Microsoft has lied about not being able to produce a stripped-down version of
the Windows operating system, according to the nine US states who are opposing
the antitrust settlement between the software company and the US Justice
Department. As a result, the states are asking for even tougher sanctions.
During the past two weeks, computer software experts representing the states
have examined Microsoft's Windows source code. Microsoft was ordered to provide
the code for examination by the US District Court Judge Colleen Kollar-Kotelly
who is overseeing the penalty phase of the case.
Microsoft has repeatedly claimed that producing a stripped-down version of
Windows, one without bundled applications like the Explorer browser and Media
Player was technically impossible. Microsoft claims the bundled applications,
especially the browser, are so ingrained into Windows that to remove them would
cripple the operating system. The company has said that the demand for a
"light" version of Windows would subject Microsoft, the PC industry
and consumers to "extreme harm. The states' penalty would require Microsoft
to do the impossible - remove critical software code from its operating system
yet somehow preserve the functionality supplied by that software code,''
Microsoft lawyers wrote in earlier statements to the court.
That claim was refuted by the States' experts. The disclosure comes less than
a week before the penalty hearings start. Connecticut Attorney General Richard
Blumenthal, who has been the primary spokesman for the group of states opposing
the settlement said, "The modified measures should deflate Microsoft's
overblown rhetoric and apocalyptic predictions about the proposed
remedies."
But the states said their experts have concluded that "While Microsoft
may require some time to perform this task, there is nothing inherently
impossible about ensuring the presence of functionality that Microsoft has
already developed. Notwithstanding Microsoft's apocalyptic predictions about the
potential wholesale copying of its source code, the rights of third parties to
use information disclosed to them are bounded,'' the states' lawyers wrote.
Microsoft did agree to one new concession this past week-end. The company
said its would agree to changes in the settlement agreement that had threatened
to make it all but impossible for computer hardware companies to force Microsoft
to honor their patent rights.
Beside a light version of windows, the States have also asked the judge to
order Microsoft to release the source code for the Internet Explorer browser and
its future successors. And they want Microsoft to distribute the
industry-standard version of the Java programming language.