MSN lockout stirs antitrust rumblings 
By Sandeep Junnarkar and Joe Wilcox
Staff Writers, CNET News.com 
October 26, 2001, 10:15 a.m. PT 
update As some third-party browsers remain unable to access Microsoft's popular 
MSN.com Web site for a second day, the lockout has stirred up further anti-competitive 
concerns about the giant software maker. 

Microsoft has said it has reopened the redesigned MSN site to rival browser makers, 
but as of Friday morning, the most recent browsers from Mozilla.org and Opera Software 
still could not access MSN. Netscape users also continued to report access problems. 

Late Thursday, the Washington-based trade group ProComp joined the outcry against the 
browser lockout by asking state and federal trustbusters to get involved. The 
continuing antitrust lawsuit against Microsoft, now moving into what should be its 
final stage, got its start in the mid-1990s because of concerns that the company was 
using its dominant position in operating systems software to gain an unfair market 
advantage for its Internet Explorer browser. 
In a letter addressed to U.S. Assistant Attorney General Charles James and Iowa State 
Attorney General Tom Miller, ProComp President Mike Pettit asked that interim remedies 
be immediately imposed. 

"We make this request to you because we have learned over the past few days of yet a 
new anti-competitive tactic by Microsoft: an effort to discriminate against 
non-Microsoft Internet browsers by limiting their interoperability with 
Microsoft-owned Web sites," Pettit wrote. 

As first reported by CNET News.com, some Mozilla and Opera users found on Thursday 
that they could not access the MSN site. Instead, they were given the option of 
downloading a version of Microsoft's Internet Explorer. Later on Thursday, Microsoft 
altered the setup. 

Besides problems already reported, the ProComp letter asserts that "MSN-Japan no 
longer can be rendered by non-Microsoft browsers" and that at Microsoft's Game Zone 
Web site "Netscape users have begun to receive an odd, and self-contradictory, error 
message." 

As the lockout entered its second day, accusations and counteraccusations of software 
incompatibilities and hardball exclusionary tactics began to fly. 

Microsoft on Thursday contended that the upgraded MSN site uses World Wide Web 
Consortium (W3C) standards and that browsers that don't conform to the standards are 
being blocked out. But the main rival browser makers maintain that their applications 
are compatible with international standards. 

"Lack of respect" for standards
"Maybe Microsoft should take a look at its lack of respect for (W3C) international 
Internet standards before bad-mouthing others," said Jon von Tetzchner, the chief 
executive of Norwegian browser maker Opera Software. "The irony of Microsoft's claim 
to standards support is complete when you check the MSN.com site for compliance with 
XHTML." 

XHTML, a new language that became a standard last year, is based on the popular XML 
(Extensible Markup Language) standard for exchanging information. It breaks new ground 
by giving Web developers a way to mix and match various XML-based languages and 
documents on their Web pages. 

A check of MSN via the W3C's standards validation service returned several documents 
showing incidents of noncompliance. The W3C develops industry standards for Web 
technologies. 

"Sorry, this document does not validate as XHTML 1.0 Strict," the validation page 
reads. 

Earlier versions of the Netscape Navigator browser--Microsoft's chief competitor in 
the early days of the browser battle--continued to jam and crash when trying to reach 
MSN, although the latest version, 6.1, seems to be working. Although Microsoft says 
MSN.com supports Netscape 4.7 and all later versions, many News.com readers have 
complained of being locked out of MSN.com while using version 4.7. 

In addition, as of midmorning Friday, some users of Netscape 6.1 reported they were 
unable to access Microsoft's .Net Passport sign-in service through MSN. Passport is 
Microsoft's universal sign-in software that offers personalized content and services 
throughout its network of Web sites. 

When trying to sign on to the My MSN personalization section, Netscape 6.1 users were 
greeted with a message that read: "Unfortunately, Microsoft .NET Passport does not 
support the Web browsing software you are using. Please use supported browsing 
software such as Microsoft Internet Explorer version 4.0 or later, or Netscape 
Navigator versions 4.08-4.82." 

Microsoft could not be reached for comment Friday morning, but the software behemoth 
had said on Thursday that it is current with the latest W3C standards. 

"This is one of those things that's a two-way street," said Bob Visse, the director of 
MSN marketing. "The better job the Opera and Mozilla open-source projects (do of) 
support(ing) W3C standards, the better experience those users will be able to receive 
on the MSN site." 

Seeking immediate antitrust action
ProComp, whose members include Microsoft rivals AOL Time Warner and Sun Microsystems, 
are now telling trustbusters that the MSN rival browser blockage demands an immediate 
response based on the original antitrust ruling largely upheld in June by a federal 
appeals court. 

The appeals court found that Microsoft's commingling of Internet Explorer and Windows 
95 and 98 software code hampered competition from Netscape Communications, which is 
now owned by AOL Time Warner. The government so far has not sought interim--or 
temporary--remedies against Microsoft ahead of a scheduled March hearing for final 
action. The Justice Department and 18 states also are engaged in fierce negotiations 
to settle the case before a court-imposed Nov. 2 deadline. 

Besides encouraging interim action against Microsoft, ProComp asked that the 
government impose tough permanent restrictions based on the antitrust ruling. 

"The latest actions by Microsoft should demonstrate the true character of Microsoft 
and its breathtaking disregard for software users, and should underscore the need for 
a tough, comprehensive remedy," Pettit wrote. 

Browser matters have been further complicated by Yahoo's recent move to exploit some 
of the customization functions of Internet Explorer. 

On Thursday, Microsoft launched its newest operating system, Windows XP, the same day 
it had planned for a face-lift of MSN. That Web site is set to become, via Windows XP, 
a major end point for Web services, through which the company plans to offer software 
by subscription. 

Besides launching MSN as the default home page, Internet Explorer 6 replaces the more 
typical "page not found" with an MSN search page. 

And Windows XP has a wide range of MSN hooks, including its Internet search feature 
from the Start Menu and the Passport authentication feature



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Dave Culbertson

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