Microsoft's Common Control DLL and MSIE4.0

[James Love <love@cptech.org>]

----------------------------------------------------------------
Info-Policy-Notes | Newsletter available from listproc@cptech.org
-----------------------------------------------------------------
INFORMATION POLICY NOTES
November 19, 1997

     Restrictive licensing of the MS Windows 95 
     Common Control DLL to force software companies 
     to distribute MSIE4.0

	The following is a letter written to the US Department of Justice by
Brian Glaeske, of Great Plains Software.  The issue concerns the ability
of independent software developers to use and distribute updated files
for Microsoft's Windows operating system.  One of these files is
Comctl32.dll, which is an important file, apparently referred to as the
common control dll.  Mr. Glaeske says this is one of Microsoft's
enhancements to the original version of Windows 95, and that it must be
distributed to users for third party software to work properly.  (So
that all users have the ability to use the features of the OS which are
found in a particular "Applications Program Interface," or API).

	
	However, in order for Great Plains Software or any other firm to
distribute Comctl32.dll, they must abide by a Micrsoft license
agreement, which is on the Web at:

http://www.microsoft.com/msdn/sdk/inetsdk/help/itt/IEProg/Licensing.htm#ch_MSHTML_licensing

A portion of that license agreement is given below:

       Licensing and Distribution

      Application developers who want to redistribute Microsoft®
      Internet Explorer technologies, such as the WebBrowser control, 
      Wininet.dll, Urlmon.dll, or Comctl32.dll, must obtain a 
      redistribution license for Microsoft® Internet Explorer 4.0. The 
      Internet Explorer self-extracting executable installs a number of 
      system files and registry entries in addition to the actual 
      WebBrowser control. 


	Thus, according to Mr. Glaeske, third party software developers are
forced to distribute Microsoft's Internet Explorer.  Indeed, it seems
from the license agreement that a user would actually have to install
MSIE4.0 to obtain Comctl32.dll.  Thus independent software companies who
program for the Window 95 platform are required to distribute and
install Microsoft's applications.  Mr. Glaeske asks the U.S. Department
of Justice to investigate this practice.


    James Love
    love@cptech.org
    http://www.cptech.org


------------------------------------------------
   Mr. Glaeske's letter follows:


Brian Glaeske

Joel I. Klein
Assistant Attorney General
Antitrust Division
U.S. Department of Justice
Washington, DC
antitrust@usdoj.gov

Dear Mr. Klein:

I am writing to ask the Department of Justice (DOJ) to protect consumers
by 
taking action to prevent Microsoft from using anticompetitive practices
to 
monopolize the market for Internet browsers. Specifically, Microsoft
should 
not be permitted to force third party developers to redistribute
Microsoft 
Internet Explorer in order to use features found in a programming API 
(Application Program Interface).

A specific API shipped originally with the Microsoft Windows 95 OS 
(Operating System) and was just recently enhanced with new features that 
make it attractive for third party developers to use. This API is known
to 
developers as the Common Control DLL. Because this is an enhancement to
the 
OS that came after the initial release of Microsoft Windows 95, it is 
necessary for third party developers to distribute the updated OS 
components with their software in order to ensure that their software
works 
properly. However, Microsoft is not allowing developers to redistribute 
only the components that they need, instead Microsoft is demanding that 
Microsoft Internet Explorer 4.0 is distributed with the third party 
software

It is the responsibility of DOJ to ensure that Microsoft does not use
its 
OS monopoly to monopolize the market for applications. I believe that 
forcing third party developers to distribute Microsoft Internet Explorer
is 
a blatant anti-competitive act.

Sincerely,
Brian Glaeske
1539 14th St. S.
Fargo, ND 58103-4001
bglaeske@cogs.gps.com

--------------------------------------------------------------------
INFORMATION POLICY NOTES is a newsletter sponsored by the Consumer
Project on Technology (CPT), a project of Ralph Nader's Center for 
Study of Responsive Law.  The LISTPROC services are provide by 
Essential Information.  Archives of Info-Policy-Notes are available 
from http://www.essential.org/listproc/info-policy-notes/ (no period).  
CPT's Web page is http://www.cptech.org (no period).  CPT can both be 
reached off the net at P.O. Box 19367, Washington, DC 20036, Voice:
202/387-8030; Fax: 202/234-5176.  Subscription requests to
listproc@cptech.org with the message:  
subscribe info-policy-notes Jane Doe