So if'n I have the facts correct:
1) In Dec 2009 MS had a legally binding
commitment to offer the choice of browsers for a period of 5 years!
2)
14 Months later, Microsoft rolls out a change that removes the
choice
3) Microsoft ignores consumer complaints that the choice has
been removed
4) Microsoft puts the choice back in 17 months later when
the Commission makes Microsoft aware that the Commission has noticed the
change
On point 2, the decision to remove the ballot wasn't likely done the
same month it was implemented. So it was really less then 14 months before
Microsoft made the decision to remove it.
Why do I say Microsoft made the
decision to remove? Simple: they had a very clear legally binding commitment.
At the very least they had a responsibility to have had auditing in place to
ensure they complied with said commitment. As a result - giving them the best
benefit of doubt, they made the choice by choosing to be negligent in their
commitment. Personally, I suspect and have no proof other then their
historicaly behavior that they deliberatly choose to remove it.
On point
2 and 4, it's interesting to note the browser choice was not available for a
longer period then it was made available for. In total 31 months have passed.
The period of original agreement was for 60 months.
That means half the
commitment time has passed and less then half that time had the choice
available.
I certainly hope the European Commission notices that factor
and requires:
1) An extension of the agreement time equal to the amount of
time lost across all MS products (not just desktop, but laptop, phone, tablet,
and other new techonology currently not available).
2) An extension of
additional time as part of the penalty for being negligent and not responding to
the problem sooner.
Of course - the additional monetary penalty should also
be applied.
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