Microsoft's real worst nightmare: The new Sun-Oracle PC company
COMMENTARY
If waking up to last week's DOJ ruling was a nightmare come true for Bill Gates (which we think it is, despite Microsoft's official response), the only thing worse might be an announcement that Scott McNealy and Larry Ellison are going into the Intel PC business. Think it's ludicrous? Think again.The final paragraph in ZDNet's excerption of U.S. District Judge Thomas Penfield Jackson's ruling on the US Government's petition against Microsoft reads as follows:
FURTHER ORDERED . . . that Microsoft Corporation, its officers, agents, servants, employees, attorneys, and all others in active concert or participation with them, are hereby enjoined, and shall cease and desist from and after the date hereof, from the practice of licensing the use of any Microsoft personal computer operating system software (including Windows 95 or any successor version thereof) on the condition, express or implied, that the licensee also license and preinstall any Microsoft Internet browser software (including Internet Explorer 3.0, 4.0, or any successor versions thereof) pending further order of the Court.
This paragraph has already stirred debate amongst the editors-cum-living-room-attorneys here at Windows Sources. But taken at face value, the passage seems to be clear about one thing. Having any Microsoft browser (including, but not limited to Internet Explorer) preinstalled wherever Windows is preinstalled is now an option to system vendors instead of a condition which they must tolerate in order to license Windows.
But the myriad ZDNet news stories and columns that have measured the industry's reaction (see ZDNet's special report) all seem to point in one direction. Even if it's now just an option, it's apparently an option that all PC manufacturers are going take. So far, no system vendor has officially announced that it's going to the mat with Microsoft. On the record, officials of various system manufacturers are claiming that demand for IE is driving this decision. But, some reports have anonymous OEM insiders saying that there is fear of retribution should they opt to exercise their right to license Windows 9x sans Internet Explorer.
As long as that remains the status quo, Microsoft will avoid the so-called impossibilities of having to unravel Internet Explorer from Windows 98. In other words, Microsoft wins. At least until May 1998, when court appointed Master Lawrence Leggis is due to submit his findings on the matter to the US District Court.
Unless of course a PC vendor decides to take the road that is, so far, not only less traveled, but untraveled. All it takes is one to step up to the plate. One with guts. One with nothing to lose. Perhaps one with an anti-Microsoft agenda. Just one is all that's needed to make the pizza and Jolt cola franchises in Redmond double in value as the Microsoft engineering corps. scramble to unravel IE from both Win98 and NT.
Enter the Sun-Oracle PC Company (obviously operating under a different name and ownership that would absolve it from obstruction of justice). A formidable pair indeed, with the resources and weight to make it happen.
So, in reality, the DOJ may not be Bill's worst nightmare. It's the PC company that takes the DOJ up on its offer. -- David Berlind
David Berlind is the Editor-in-Chief of Windows Sources. If you want to let him know what you think about the ruling, you can reach him at dberlind@wsources.com.