JUSTICE DEPARTMENT ISSUES MICROSOFT CONSENT DECREE
COMPLIANCE ADVISORY

Microsoft Agrees To Remove Override Of End User’S Default Browser

WASHINGTON, D.C. - The Department of Justice today issued a Microsoft Consent Decree Compliance Advisory concerning changes to the “Shop for Music Online” feature in Windows XP, which invokes Microsoft’s Internet Explorer even when the user has chosen a different default web browser, such as Netscape, Opera, or Mozilla.

“The Department concluded that the invocation of Internet Explorer by the ‘Shop for Music Online’ feature violated Section III.H of the Final Judgment. The Department discussed its concerns with Microsoft,” the advisory states. “Without necessarily agreeing with the Department’s position, Microsoft has agreed to remove the override of the user’s default browser contained in ‘Shop for Music Online.’” The removal of the override resolves the Department’s concerns about this potential consent decree violation. Regardless of the reason for the change, the Department is pleased with the removal of the override and firmly believes that it is the appropriate outcome.

Section III.H of the Final Judgment requires Microsoft to allow end users and OEMs to set a default for Windows to launch a non-Microsoft middleware product, such as a web browser, in place of Microsoft’s corresponding middleware product. The Advisory states that, “Microsoft expects to have this modification to Windows XP available to consumers in February or March, through a ‘Windows Update’ download.”

The Compliance Advisory also announced that R. Hewitt Pate, Assistant Attorney General in charge of the Department’s Antitrust Division, has appointed Paula Blizzard and Patricia Brink to serve as Special Counsel for Microsoft Decree Enforcement.

As first announced on August 5, 2002, the Department may periodically issue Microsoft Consent Decree Compliance Advisories as part of its monitoring of Microsoft’s implementation of the Final Judgment. This is the fourth such Advisory. The Department also today filed a notice of the advisory with the Court.

The advisory is attached.

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04-022