These developments, together with the results of a survey last week which showed Microsoft losing the confidence of the general public, make it clear that the initiative is starting to move away from the DoJ - outside forces may well result in the regulators driving a harder bargain than they currently anticipate. The mysterious executives' ten point remedy meanwhile covers familiar territory, but the change in climate makes its implementation likelier. In recent times Microsoft's contracts with OEMs and ISPs have begun to control what appears and does not appear on the Windows desktop. Last year for example a subpoenaed Compaq executive revealed that Microsoft had forced the company to reinstate the Internet Explorer icon on the desktop on its machines.
Licences can also prohibit the addition of other logos and icons.
The extension of Microsoft's control to the look and feel of the desktop has been described by Microsoft as defending the 'Windows Experience,' but it can equally be viewed as a breach of Sherman Act antitrust legislation, and a weapon to be used to drive out rivals like NetScape. So here the remedy would be to draw a line beyond which Microsoft couldn't step, separating the OS at some point from applications and user interface. Which of course comes close to placing it in the public domain. This could go as far as overturning the right to 'integrate' provided for in the Consent Decree, but would certainly cover matters such as the inclusion of IE and other free applications with Microsoft applications software. It would also deal with the grey area between - where, for example, using the free Outlook 98 email client requires the installation of IE 4.0.