The Answer to Microsoft's Wrong Question

Here's an interesting question, posed by a Microsoft lawyer called Horatio Gutierrez to James Governor:

“If Microsoft can’t bundle an audio player with Windows, why can Nokia bundle a camera with a phone?”

It's interesting because it lays bare the fallacy at the heart of Microsoft's arguments against the current EU anti-trust action, which it claims are a brake on "innovation". It treats the addition of the Windows Media Player as if it were just another feature, like a camera added to a mobile. But it's not.

When Microsoft bundles WMP, it effectively establishes its own proprietary multimedia standards, because of Windows' dominance. When Nokia adds a camera, it is simply offering the same as everyone else - there are no new standards involved. This is what Microsoft conveniently forgets: that everything it produces is proprietary - and that this is problem here, just as it was with Internet Explorer.

To see this, consider the case of Microsoft bundling a standards-based media player - supporting MP3, and OGG, say. See? There's no problem - it's like adding, say, a standards-based camera to a phone. Just like Nokia does.