Microsoft fined by myopic EU

The most expensive line of code ever?

Microsoft has been charged €561m for breaching an EU order requiring the company to offer every new user of a Windows PC a choice about which web browser they use. The Guardian's Charles Arthur reports:

The error arose when Microsoft's own programmers forgot to include a single line of code that would have automatically triggered the "browser choice" program on versions of Windows 7 running its first major update, called Service Pack 1 (SP1).

A source close to Microsoft explained: "It was a single line in the code that triggered the browser choice program. It had a list of versions of Windows to test against: if the version was found in that list, the program would run. They didn't include Service Pack 1, which is effectively a different version of Windows, in that list. And so the program didn't run."

From a rule-of-law point of view, the EU had no option but to charge Microsoft for the breach. It had mandated the company to provide an option; the company had failed to comply with that order.

But the order itself is desperately out of date. It goes back to the fact that Microsoft abused its monopoly over desktop PCs in the late 1990s to ensure Internet Explorer became the dominant web browser, beating the then-leader Netscape Navigator. It was a classic anti-competitive move, and the American Department of Justice accordingly took Microsoft to court, settling in 2001.

But by the time the EU took similar action, in 2009, the computing landscape was completely different. Browsers were no longer just optional extras; they were integral to shipping a PC which worked out of the box at all. The EU could not realistically require the company to ship a version of Windows without any browser, as it had done in 2001 when similar action was brought over the company's bundling of Windows Media Player. And so it required the company to offer users a choice of browser on the first boot-up of Windows 7, instead.

The arbitrary distinction between what does, and doesn't, count as legitimate for Microsoft to bundle in to Windows 7 renders the whole case nonsensical. The company also bundles a calculator, basic text editor, online gaming service and several card games in with the OS, but faces no pressure to strip them out. Meanwhile, Apple, despite having as great a lead in the tablet market (depending on whether e-readers are defined as tablets) as Microsoft does for desktop PCs, faces no legal pressure to offer users a choice as to whether Safari is the default browser for iPads.

There are still ways Microsoft could abuse its monopoly. Requiring any hardware vendor which wants to make PCs and phones to exclusively use Windows on both, for instance, would be pretty clear-cut. But it's getting harder and harder to think of software which it would be unacceptable for Microsoft to bundle with its OSs. As with its misguided war on cookies, the EU is showing its blindness about technological issues.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Emmanuel Macron: a populist eruption from the liberal centre

The French presidential candidate has been compared with a young Tony Blair.

The French presidential candidate Emmanuel Macron came to town this week to meet Theresa May and address the London French community, whose votes he was chasing. In our age of extremes, Macron, who is 39, is that rare thing – a populist eruption from the liberal centre. A former merchant banker and economy minister in the failing Hollande Socialiste administration, he represents En Marche! (“Forward!”), which is less a party than a movement. His sudden rise would not have been possible in Britain, which is part of the stability and attraction of the parliamentary system but also its frustration.

Don’t be shy

I met Macron on Tuesday afternoon when he took questions from a small group of journalists at Central Hall Westminster. He is small and dapper, with short hair and a strong, straight nose. Because of the collapse of the Socialistes and the struggles of the discredited conservative contender François Fillon, Macron has emerged as the great hope of liberals and perhaps as the candidate to stop Marine Le Pen seizing the presidency. Unlike the Front National leader, Macron is an unashamed liberal globaliser in the model of Nick Clegg or a younger, less tormented Tony Blair. He is a passionate advocate of the EU and of the eurozone and, as a result, is under attack from the Russian media. He has been accused of leading a double life – his wife, whom he met when she was his schoolteacher, is 20 years older than Macron – and of being unwilling to admit that he is gay, or at least bisexual. His response to the Russian attacks was, he said, “to disclose the manipulation and kill the rumours”.

The far right in France has caricatured Macron as being “globalisation personified”, about which he is relaxed. In conversation, he criticised David Cameron’s referendum campaign. “His message was ‘Yes but . . .’ That is not the answer to ‘No’. I defend Europe and the four freedoms of the EU. If you are shy, you are dead.”

Not all relative

On Sunday, I received a text from one of my cousins. “The Lincoln City manager and his brother, the assistant, are called Cowley,” he wrote. “His father looks a bit like your father. Any relation? They are from Essex.” I am also from Essex, born and brought up in Harlow new town, which turned 70 this year. But I had to disappoint my cousin. My father was an only child, as was his father, so it’s highly unlikely that these Cowley brothers are even distant relations of mine.

Toast of the county

I already knew about the brothers, having been alerted to them by my seven-year-old son, who is a sports data enthusiast. Last season, Danny Cowley and his younger brother, Nicky, were working as teachers in Essex while coaching Braintree Town at weekends. This season, they have led Lincoln to an FA Cup quarter-final against Arsenal, making them the first non-League team to reach the last eight in more than a century. Lincoln are also at the top of the National League (English football’s semi-professional fifth division) and in the quarter-final of the FA Trophy, the premier non-League cup competition. The Cowleys are reported to be subsisting on a diet of toast and Marmite as they rise early each morning obsessively to study videos and analytics and prepare for the next match. They have introduced a new spirit of openness at the previously moribund club: fans watch training sessions and attend press conferences.

It’s nonsense to believe, as some do, that only those who have performed at the highest level have the authority to coach the best. Wenger, Mourinho, Sven-Göran Eriksson, Roy Hodgson, André Villas-Boas: none of them were even remotely successful players. Asked once to explain his accomplishments, Mourinho said: “I’ve had more time to study.” More English coaches – so few of whom are working in the Premier League – would do well to follow his example.

It will be fascinating to see how far the Cowley brothers progress in the game. Whatever happens next, they have reanimated interest in the FA Cup and given the resilient yeomen of Essex a small boost.

Ignore the huckster

Boris Johnson accused Tony Blair of “bare-faced effrontery” for having the temerity last week to deliver an anti-Brexit speech, which itself was an act of bare-faced effrontery. Johnson is a huckster and narcissist whose vanities have been grotesquely indulged for far too long by his cheerleaders and paymasters in the media. (A standard question to Johnson when he was mayor of London: “You do want to be prime minister, don’t you?”) No one should take anything Johnson says remotely seriously. Should the same be said of Blair?

Yes, of course he is the author of his own misfortunes and many will never forgive the former Labour prime minister for the Iraq catastrophe. Yet of all the politicians I have spoken to in recent times, Blair was the most intellectually nimble and the most alert to the defining complexities of the present moment. As he demonstrated in his speech, he also understands better than most why, in an age of intensifying ethnic nationalism, the parties of the left are failing across Europe, none more so than the British Labour Party, which looks as far away from power as it did after the 1931 election.

Journey to the centre

As an energetic and charismatic liberal, Macron has been likened to the young Tony Blair. Can he seize the progressive centre, as Blair did, and destabilise the old binary divisions of left and right? “The anti-European and anti-globalisation extremes are winning elections,” he said, in a veiled reference to Donald Trump and the vote for Brexit. “But we don’t have the same political cycles as the others. It’s time for France to do the opposite.” With that said, he thanked his interlocutors and was hurried off for a meeting with another Essex man, Philip Hammond, pursued not by a bear but by the journalist Robert Peston. 

Jason Cowley is editor of the New Statesman. He has been the editor of Granta, a senior editor at the Observer and a staff writer at the Times.

This article first appeared in the 24 February 2017 issue of the New Statesman, The world after Brexit