Ballmer: Microsoft Is 'Superfocused' On Compliance

In a speech at the Brookings Institution, a Washington think tank, Ballmer repeated many times that Microsoft is eager to comply with the consent decree upheld earlier this month by U.S. District Court Judge Colleen Kollar-Kotelly.

"As CEO, I can assure you that Microsoft will give all the time, energy and resources necessary to follow through on our responsibilities," Ballmer said.

A year ago, in November 2001, Microsoft settled its antitrust case with the U.S. Department of Justice. Earlier this month, Kollar-Kotelly upheld that settlement largely as written, though a requirement that would force Microsoft to disclose technical information to competitors months earlier than agreed upon was added.

Clad in a navy-blue pinstriped suit, the bespectacled Ballmer looked more like a banker than he did "Monkey Boy," the nickname he earned by his wild dancing and shouting routine during a Microsoft employee meeting last year that was captured on video.

Indeed, Ballmer was almost contrite at times during his scripted talk.

"There is no question that when the antitrust lawsuit started, most of our industry did not race to support us," he said. "We listened to our supporters and we listened to our critics, and we learned that we needed to take a different perspective on being a good industry leader."

Some industry observers say that Microsoft already isn't adhering to some portions of its settlement with Justice Department.

The settlement stipulated that Microsoft publish more technical information to ISVs. In order to comply, Microsoft in August said it would publish about 272 previously undisclosed Windows APIs at no charge, and another 113 communications protocols on a royalty basis.

Some Microsoft competitors have complained recently about the communications protocols' licensing terms and royalties.

Ballmer Tuesday defended Microsoft's actions to date on publishing the protocols.

"We put a lot of very thoughtful care into these licensing offers," he said. "The 113 protocols we are offering as part of the consent decree are packaged in a variety of ways so people don't have to [purchase all of them.

"We are superfocused, superfocused, on 100 percent compliance with the consent decree," Ballmer said.

"We are in active discussion with a number of companies about licensing these protocols," he continued. "It does not surprise me that some of our competitors would take this tack."

Ballmer was referring in part to Sun Microsystems. Sources close to Sun last week said that the vendor and other software developers take issue with the terms under which the protocols are being disseminated, including the fact that royalties are being charged at all.

In an ironic twist, Brookings' Robert Litan, who as a deputy assistant attorney general at the Department of Justice helped draft the 1995 consent decree between the feds and Microsoft, introduced Ballmer Tuesday.

One analyst said open-source developers may have problems with Microsoft's licensing terms, but that's not necessarily a violation of the consent decree.

"I think the Linux folks may have serious problems, for while Microsoft has to give them access and be reasonable with charges, they don't have to give up ownership," said Rob Enderle, a research fellow at Giga Information Group. "This could be a real problem given the General Public License."

In fact, reporters Tuesday sought Ballmer's views on open-source development, but their efforts were rebuffed.

"Where are you on Linux?" Ballmer was asked following his presentation.

"We're investing and innovating," he said, as he was literally dragged away to a luncheon by his Brookings hosts.