US District Judge Colleen Kollar-Kotelly found that the
settlement "comports with the public interest" and dismissed most
of the arguments of the nine US states that refused to sign the
settlement last year. She required, however, that Microsoft
accelerates its timetable for the release of code enabling other
software developers to write programmes compatible with the Windows
operating system.
Under the terms of the settlement, Microsoft is still allowed to
tie software such as web browser, e-mail client and media player
with Windows. However, it is not allowed to enter into exclusive
agreements or retaliate against computer manufacturers using rival
software products.
The company is also obliged to license its software to
manufacturers on uniform terms for five years, and to allow both
manufacturers and consumers to remove icons for Windows features
and to create programs utilising the integrated Windows
functions.
The decision specifically requires Microsoft to ensure that
rival browsers can interoperate with Windows in the same way that
its own servers do.
Finally, the settlement provides for a panel of three
independent auditors, which will have access to the company's
records, books and systems for five years. If Microsoft is found to
violate the settlement, the court may extent that period for
another two years.
Microsoft characterised the decision as a "tough but fair
compromise". The company said in a statement: "We recognise that we
will be closely scrutinised by the government and our competitors
and we will... ensure that we meet our responsibilities."
Microsoft still faces possible sanctions from the EU over
alleged abuse of its dominant market position, and the Competition
Commissioner Mario Monti is expected to issue a preliminary
decision before the end of the year.
The decision on Microsoft's settlement agreement is available as
a 14-page PDF from:
www.dcd.uscourts.gov/FinalDecree.pdf
