States Point To Custom Version Of Windows To Support Antitrust Claims

But Steven Kuney, a lawyer for nine states seeking tougher penalties against the software giant, pointed to a product Microsoft already offers, which lets companies choose which components they want to put into Windows and automatically adds other, required portions.

The product, mentioned periodically during the case, is Windows XP Embedded. XP Embedded is made for devices like television set-top boxes and automatic teller machines, although it is possible to configure it as a full-featured desktop operating system.

The product contains the "same binary files as Windows XP Professional. Therefore, it supports all the same features," the program says in its user guide.

Microsoft uses its licensing terms to bar consumers from running XP Embedded on personal computers.

In the configuration program, a user can choose to add or remove the Internet Explorer Web browser, Windows Media Player music and movie software, or a long list of other features. In consumer versions of Windows XP, removing Internet Explorer is not possible.

"There's no suggestion at least at this point this is a modified or truncated version of Internet Explorer, is there Mr. Gates?," Kuney asked.

"No, there is not," Gates replied.

Under questioning, Gates admitted that Microsoft's popular Office business software could be configured to work on XP Embedded.

Andrew Appel, a Princeton University computer scientist, testified for the nine states suing for antitrust violations. Appel suggested several ways Microsoft could comply with their demand for a "modular" version of Windows.

The issue stems from how different portions of Windows are reliant on each other. If one piece is removed, such as the part of the Internet Explorer Web browser that makes Web pages appear, other features like the Windows Help system would break.

But XP Embedded recognizes those dependencies and adds the vital functions.

The states want to let computer manufacturers remove Internet Explorer and other features of Windows and substitute competing software. That, the states say, would reduce Microsoft's advantage, give consumers more choice and let software developers make many different kinds of programs.

The Justice Department and nine other states settled the case last fall and their deal with Microsoft is awaiting court approval. The states remaining in the case, along with the District of Columbia, want U.S. District Judge Colleen Kollar-Kotelly to impose tougher penalties than those in the settlement.

The penalties sought would include requiring Microsoft to share with competitors technical information and blueprints about how some of its most popular software works and sell the rights to translate its Office business software to other operating systems.

States that rejected the government's settlement with Microsoft and are continuing to pursue the antitrust case are Iowa, Utah, Massachusetts, Connecticut, California, Kansas, Florida, Minnesota and West Virginia.

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