EC Closes Browser Ballot Chapter in Endless Epic of Microsoft Persecution with Dangerous Precedent
by Berin Szoka on December 16, 2009 · 0 comments
The European Commission today announced the settlement of its antitrust case against Microsoft concerning the inclusion of Internet Explorer in its operating system. In the settlement, Microsoft has agreed to offer a “browser ballot” in its Windows 7 operating system, which Adam Marcus and I commented on in November.
It’s a relief to see that the European Commission is bringing to a close this chapter in the seemingly endless epic of its antitrust persecution of Microsoft. The Commission should have recognized that Internet Explorer’s rapidly falling market share made it unnecessary to meddle in software creation. Still, I suspect that it’s only a matter of time before the Commission hauls another Microsoft or some other innovative American tech titan into court on trumped-up charges.
Worse, such mandates could easily extend to require “ballots” for choosing one’s default search engine, media player, instant messaging client, email provider, and so on. That kind of bureaucratic interference with the delicate art of interface design will only serve to discourage Microsoft and its many competitors from including useful new features in their offerings, thus harming consumers.
Berin Szoka / Berin is the founder of TechFreedom. Previously, he was a Senior Fellow at The Progress & Freedom Foundation and Director of PFF's Center for Internet Freedom. He covers Internet and media policy issues including privacy, advertising, neutrality, cybersecurity, free speech, child safety, and various other efforts to regulate the Net.
Berin was elected in 2010 to the Steering Committee of the DC Bar Association's Computer & Telecommunications Law Section. Before joining PFF, he practiced communications, Internet and satellite law as an Associate in the Communications Practice Group at Latham & Watkins LLP. Previously, he practiced at Lawler Metzger, a boutique telecommunications law firm in Washington and clerked for the late Hon. H. Dale Cook, Senior U.S. District Judge for the Northern District of Oklahoma.
A recognized expert on the legal and regulatory issues associated with space commercialization, Berin is a member of the FAA's Commercial Space Transportation Advisory Committee (COMSTAC). He is a Director, and former Chairman, of the Space Frontier Foundation, a citizens' advocacy group founded in 1988 and dedicated to opening the space frontier by enabling "NewSpace."
He received his Bachelor's degree in economics from Duke University and his J.D. from the University of Virginia School of Law, where he served as Submissions Editor of the Virginia Journal of Law & Technology.
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.