Unhappy with Vista changes, Google seeks more limits on Microsoft

Nearly a week after Microsoft reached an agreement with antitrust regulators to change Windows Vista for Desktop search, Google Inc. on Monday has asked a federal judge to extend the U.S. government oversight of Microsoft’s antitrust efforts in order to ensure that it complies with a 2002 antitrust consent decree.

In a friend-of-the-court brief filed in U.S. District Court in Washington, Google asked the judge to extend the consent decree that settled the landmark antitrust case against Microsoft Corp., arguing that the software giant has not done enough to make sure its new desktop search product will make it easier for Windows Vista customers to use a non-Microsoft program to search the hard drive.

Apparently not satisfied with the changes Microsoft has agreed to make on the desktop search features of Vista, Google filed the brief with U.S. District Judge Colleen Kollar-Kotelly overseeing the 2002 consent decree saying that in spite of Microsoft has agreed to revise Vista operating system to fix the issues, but more changes are needed to be done to provide a genuine unbiased choice of desktop search products.

Earlier this month, Google Inc. had filed a confidential antitrust complaint against Microsoft, accusing the software giant of designing its Vista operating system to discourage use of Google's desktop search program.

In a white paper sent to the Justice Department and state attorneys general in April, Google had alleged that the Windows Vista search feature slows down its competing Google Desktop Search (GDS) program, discouraging consumers from using its search program.

In its complaint, which was tied to a consent decree that monitors Microsoft's behavior, Google had claimed that Microsoft was violating the 2002 antitrust settlement against the company, which restricts software company from designing operating systems that limit consumer choice.

On contrary, Bradford L. Smith, the general counsel at Microsoft, had said at the time that the new operating system was carefully designed to work well with rival software products. He also said that Vista went for sale only after years-long examinations by an independent technical committee that works for the Justice Department and the states, who reviewed Vista several times for possible anticompetitive problems.

But, Internet powerhouse had argued that Microsoft Vista's indexing service cannot be easily shut off and creates a drag on system resources when operating at the same time as rival indexers, like the one in Google Desktop Search. Google further contended that this behavior is anticompetitive, and several state Attorneys General seem ready to pursue the issue.

In response to Google’s complaint, Microsoft last week has agreed to make changes in its Windows Vista operating system, solving the issues that its computer search function put Google Inc. and other potential rivals at a disadvantage.

Under an agreement with the department and 17 state attorneys general and the District of Columbia, the Redmond, Washington-based Microsoft will make such changes which will enable PC users and manufacturers set a different program such as Google Desktop as the default instead of Vista’s “Instant Search.” Microsoft will also add a link to that alternate program in the Start menu on personal computers running Windows.

Dissatisfied with the Vista changes agreed by Microsoft, Google then filed an amicus brief to the court saying the agreement didn't go far enough to relieve its concerns and urged the federal judge to extend the consent decree.

"Without an extension, the Court may not have effective means to oversee Microsoft's implementation of these changes and determine whether they are effective in meeting the requirements of the final judgment," Google said in Monday’s court filing.

However, dismissing Google’s arguments, Jack Evans, a Microsoft spokesman said, "Microsoft went the extra mile to resolve these issues in a spirit of compromise; Google is refusing to give an inch."

Evans further explained that the government has shown its clear satisfaction over the changes Microsoft is making, whereas the Internet search giant has mentioned no new information that should suggest otherwise in their filing.