Microsoft is to pay £500m to settle outstanding legal
action with AOL Time Warner, the owner of Netscape.This marks the end of the browser wars that
erupted at the end of the 1990s as Microsoft battled to get to
grips with the development of the Internet.
As part of the deal, AOLTW's America Online
Internet division will receive a royalty-free, seven-year licence
to use Internet Explorer with AOL's client software, the companies
said.
They will also work together to make their
respective instant messaging clients work together, though "no time
frame has been set for that", Microsoft chairman and chief software
architect Bill Gates said.
The industry giants will also collaborate on
long-term initiatives for distributing digital media to consumers,
and to support new business models for content owners. Microsoft
will further provide AOL with a new worldwide distribution channel
for software to certain PC users, and provide technical
co-operation and information "to ensure the best possible AOL
member experience on current and future Microsoft operating
systems".
The antitrust suit alleged that Microsoft
harmed Netscape's browser business through anticompetitive
practices related to the Windows operating system. It was filed
after a US District Court ruled that Microsoft engaged in
anticompetitive practices in violation of federal antitrust law and
illegally used its Windows operating system monopoly.
Using that case and the subsequent appeal
ruling that upheld the District Court findings, Netscape argued
that Microsoft's practices "resulted in harm to competition and
antitrust injury to Netscape in particular".
Industry experts were not surprised at the
deal. Analyst David Smith of Gartner said, "We've been on the
record predicting that these two companies are far more likely to
end up as partners than competitors."
Mark Ostrau, a partner and chair of the
antitrust practice at Fenwick & West agreed. "It was in neither
party's interest to go through a protracted legal battle here," he
said.
AOL was "staring in the face of a very long
and protracted legal battle with Microsoft for which most of the
management probably had little appetite. They needed to solve
problems today, and this case was not going to be resolved any time
soon," Ostrau said. "Microsoft got off cheap," he added.
One aim of the agreement is to develop what
the companies call a "digital media environment" that is free from
piracy, open to companies across various industries and provides
consumers with access to content. AOLTW will use Microsoft's
Windows Media 9 Series and future software to create, distribute
and play back digital media under a long-term, nonexclusive aspect
of the deal.
"We've not been able to get our arms around
the piracy issue, and I think by agreeing to work co-operatively
together we can begin to … create a world where content can be
distributed digitally to consumers," Parsons said during the press
conference.
The deal further underlines AOLTW's move away
from technology development, said Matt Rosoff, an analyst with
Directions on Microsoft. "I think that AOL's current management is
not interested in being a technology company," he said.
Nancy Weil and
Robert McMillan write for IDG News
Service