--- rpfj4.txt 2002-11-01 16:08:44.000000000 -0800 +++ final4.txt 2002-11-01 16:08:38.000000000 -0800 @@ -1,4 +1,4 @@ - Ordered, Adjudged, and Decreed: +ORDERED, ADJUDGED AND DECREED as follows: I. Jurisdiction @@ -16,6 +16,7 @@ III. Prohibited Conduct A. Microsoft shall not retaliate against +or threaten retaliation against an OEM by altering Microsoft's commercial relations with that OEM, or by withholding newly introduced forms of non-monetary Consideration (including but not limited to new versions of existing forms of @@ -89,47 +90,47 @@ such shortcuts do not impair the functionality of the user interface. 3. Launching automatically, at the conclusion of the initial boot sequence or subsequent boot sequences, or upon connections to or -disconnections from the Internet, any Non-Microsoft Middleware if a -Microsoft Middleware Product that provides similar functionality would -otherwise be launched automatically at that time, provided that any such -Non-Microsoft Middlware displays on the desktop no user interface or a -user interface of similar size and shape to the user interface displayed -by the corresponding Microsoft Middleware Product. +disconnections from the Internet, any Non-Microsoft Middleware, except +that Microsoft may restrict the launching of Non-Microsoft Middleware +which replaces or drastically alters the Windows Operating System Product +user interface. 4. Offering users the option of launching other Operating Systems from the Basic Input/Output System or a non-Microsoft boot-loader or similar program that launches prior to the start of the Windows Operating System Product. - 5. Presenting in the initial boot sequence its own IAP offer provided -that the OEM complies with reasonable technical specifications established -by Microsoft, including a requirement that the end user be returned to -the initial boot sequence upon the conclusion of any such offer. + 5. Presenting during the initial boot sequence its own IAP offer. 6. Exercising any of the options provided in Section III.H of this Final Judgment. D. Starting at the earlier of the release of Service Pack 1 for Windows XP or -12 months after the submission of this Final Judgment to the Court, +three months after the entry of this Final Judgment, Microsoft shall disclose to ISVs, IHVs, IAPs, ICPs, and OEMs, for the sole purpose of interoperating with a Windows Operating System Product, via the Microsoft Developer Network ("MSDN") or similar mechanisms, the APIs and related Documentation that are used by Microsoft Middleware to interoperate with a Windows Operating System Product. +For purposes of this Section III.D, the term APIs means the interfaces, +including any associated callback interfaces, that Microsoft Middleware +running on a Windows Operating System Product uses to call upon that +Windows Operating System Product in order to obtain any services from +that Windows Operating System Product. In the case of a new major version of Microsoft Middleware, the disclosures required by this Section III.D shall occur no later than the last major beta test release of that Microsoft Middleware. In the case of a new version of a Windows Operating System Product, the obligations imposed by this Section III.D shall occur in a Timely Manner. - E. Starting nine months after the submission of this proposed -Final Judgment to the Court, Microsoft shall make available for use by -third parties, for the sole purpose of interoperating with a Windows + E. Starting three months after the entry of this Final Judgment +to the Court, Microsoft shall make available for use by third parties, +for the sole purpose of interoperating or communicating with a Windows Operating System Product, on reasonable and non-discriminatory terms (consistent with Section III.I), any Communications Protocol that is, on or after the date this Final Judgment is submitted to the Court, (i) implemented in a Windows Operating System Product installed on a -client computer, and (ii) used to interoperate natively (i.e., without -the addition of software code to the client operating system product) -with a Microsoft server operating system product. - F. 1. Microsoft shall not retaliate against any ISV or IHV because -of that ISV's or IHV's: +client computer, and (ii) used to interoperate, or communicate, natively +(i.e., without the addition of software code to the client operating +system product) with a Microsoft server operating system product. + F. 1. Microsoft shall not retaliate against or threaten retaliation +against any ISV or IHV because of that ISV's or IHV's: a. Developing, using, distributing, promoting or supporting any software that competes with Microsoft Platform Software or any software that runs on any software that competes with Microsoft Platform @@ -173,10 +174,11 @@ prohibits such entity from competing with the object of the joint venture or other arrangement for a reasonable period of time. This Section does not apply to any agreements in which Microsoft -licenses intellectual property in from a third party. +licenses intellectual property from a third party and such intellectual +property license is the principal purpose of the agreement. H. Starting at the earlier of the release of Service Pack 1 for -Windows XP or 12 months after the submission of this Final Judgment to -the Court, Microsoft shall: +Windows XP or three months after the entry of this Final Judgment, +Microsoft shall: 1. Allow end users (via a mechanism readily accessible from the desktop or Start menu such as an Add/Remove icon) and OEMs (via standard preinstallation kits) to enable or remove access to each Microsoft @@ -200,39 +202,40 @@ end-user a separate and unbiased choice of enabling or removing access and altering default configurations as to all Microsoft Middleware Products as a group or all Non-Microsoft Middleware Products as a group. - 2. Allow end users (via a mechanism readily available + 2. Allow end users (via an unbiased mechanism readily available from the desktop or Start menu), OEMs (via standard OEM preinstallation kits), and Non-Microsoft Middleware Products (via a mechanism which -may, at Microsoft's option, require confirmation from the end user) -to designate a Non-Microsoft Middleware Product to be +may, at Microsoft's option, require confirmation from the end user in an +unbiased manner) to designate a Non-Microsoft Middleware Product to be invoked in place of that Microsoft Middleware Product (or vice versa) in any case where the Windows Operating System Product would otherwise launch the Microsoft Middleware Product in a separate Top-Level Window and display either (i) all of the user interface elements or (ii) the Trademark of the Microsoft Middleware Product. + Notwithstanding the foregoing Section III.H.2, the Windows Operating +System Product may invoke a Microsoft Middleware Product in any instance +in which: (a) that Microsoft Middleware Product would be invoked solely +for use in interoperating with a server maintained by Microsoft (outside +the context of general Web browsing), or (b) that designated Non-Microsoft +Middleware Product fails to implement a reasonable technical requirement +(e.g., a requirement to be able to host a particular ActiveX control) +that is necessary for valid technical reasons to supply the end user +with functionality consistent with a Windows Operating System Product, +provided that the technical reasons are described in writing in a +reasonably prompt manner to any ISV that requests them. 3. Ensure that a Windows Operating System Product does not (a) automatically alter an OEM's configuration of icons, shortcuts or menu entries installed or displayed by the OEM pursuant to section III.C of this Final Judgment without first seeking confirmation from the user and (b) seek such confirmation from the end user for an automatic (as opposed to user-initiated) alteration of the OEM's configuration until -14 days after the initial boot up of a new Personal Computer. Microsoft +14 days after the initial boot up of a new Personal Computer. Any such +automatic alteration and confirmation shall be unbiased with respect to +Microsoft Middleware Products and Non-Microsoft Middleware. Microsoft shall not alter the manner in which a Windows Operating System Product automatically alters an OEM's configuration of icons, shortcuts or menu entries other than in a new version of a Windows Operating System Product. - Notwithstanding the foregoing Section III.H.2, the Windows Operating -System Product may invoke a Microsoft Middleware product in any instance -in which: - 1. That Microsoft Middleware Product would be invoked solely for -use in interoperating with a server maintained by Microsoft (outside -the context of general Web browsing), or - 2. That designated Non-Microsoft Middleware Product fails to implement -a reasonable technical requirement (e.g., a requirement to be able to -host a particular Active X control) that is necessary for valid technical -reasons to supply the end user with functionality consistent with a -Windows Operating System Product, provided that the technical reasons -are described in a reasonably prompt manner to any ISV that requests them. - Microsoft's obligations under this section III.H as to any new Windows +Microsoft's obligations under this Section III.H as to any new Windows Operating System Product shall be determined based on the Microsoft Middleware Products which exist seven months prior to the last beta test version (i.e., the one immediately preceding the first release candidate) @@ -254,13 +257,7 @@ on its not assigning, transferring or sublicensing its rights under any license granted under this provision; and 4. The terms of any license granted under this section are in -all respects consistent with the express terms of this Final Judgment; and - 5. An ISV, IHV, IAP, ICP, or OEM may be required to grant to Microsoft -on reasonable and nondiscriminatory terms a license to any intellectual -property rights it may have relating to the exercise of their options -or alternatives provided by this Final Judgment; the scope of such -license shall be no broader than is necessary to insure that Microsoft -can provide such options or alternatives. +all respects consistent with the express terms of this Final Judgment. Beyond the express terms of any license granted by Microsoft pursuant to this section, this Final Judgment does not, directly or by implication, estoppel or otherwise, confer any rights, licenses, covenants or @@ -281,7 +278,7 @@ authentication/authorization security, or third party intellectual property protection mechanisms of any Microsoft product to any person or entity on the requirement that the licensee: (a) Has no history of -software counterfeiting or privacy or willful violation of intellectual +software counterfeiting or piracy or willful violation of intellectual property rights, (b) has a reasonable business need for the API, Documentation or Communications Protocol for a planned or shipping product, (c) meets reasonable, objective standards established by @@ -301,10 +298,9 @@ authority of each of the plaintiff States, the plaintiff States shall form a committee to coordinate their enforcement of this Final Judgment. A plaintiff State shall take no action to enforce this Final Judgment -without first consulting with the United States and with the plaintiff -States' enforcement committee. +without first consulting the plaintiff States' enforcement committee. 2. To determine and enforce compliance with this Final Judgment, duly -authorized representatives of the United States and the plaintiff States, +authorized representatives of the plaintiff States, on reasonable notice to Microsoft and subject to any lawful privilege, shall be permitted the following: a. Access during normal office hours to inspect any and all source @@ -316,8 +312,7 @@ restraint or interference from it, to interview, informally or on the record, officers, employees, or agents of Microsoft, who may have counsel present, regarding any matters contained in this Final Judgment. - c. Upon written request of the United States or a duly designated -representative of a + c. Upon written request of a duly designated representative of a plaintiff State, on reasonable notice given to Microsoft, Microsoft shall submit such written reports under oath as requested regarding any matters contained in this Final Judgment. Individual plaintiff States @@ -342,265 +337,63 @@ and III.H, provided further that any action by Microsoft to cure any such violation shall not be a defense to enforcement with respect to any knowing, willful or systematic violations. - B. Appointment of a Technical Committee - 1. Within 30 days of entry of this Final Judgment, the parties shall -create and recommend to the Court for its appointment a three- person -Technical Committee ("TC") to assist in enforcement of and compliance -with this Final Judgment. - 2. The TC members shall be experts in software design and -programming. No TC member shall have a conflict of interest that could -prevent him or her from performing his or her duties under this Final -Judgment in a fair and unbiased manner. Without limitation to the -foregoing, no TC member (absent the agreement of both parties): - a. Shall have been employed in any capacity by Microsoft or any -competitor to Microsoft within the past year, nor shall she or he be so -employed during his or her term on the TC; - b. Shall have been retained as a consulting or testifying expert by -any person in this action or in any other action adverse to or on behalf -of Microsoft; or - c. Shall perform any other work for Microsoft or any competitor of -Microsoft for two years after the expiration of the term of his or her -service on the TC. - 3. Within 7 days of entry of this Final Judgment, the Plaintiffs -as a group and Microsoft shall each select one member of the TC, and -those two members shall then select the third member. The selection and -approval process shall proceed as follows. - a. As soon as practicable after submission of this Final Judgment to -the Court, the Plaintiffs as a group and Microsoft shall each identify -to the other the individual it proposes to select as its designee to -the TC. The Plaintiffs and Microsoft shall not object to each other's -selection on any ground other than failure to satisfy the requirements -of section IV.B.2 above. Any such objection shall be made within ten -business days of the receipt of notification of selection. - b. The Plaintiffs shall apply to the Court for appointment of the -persons selected by the Plaintiffs and Microsoft pursuant to section -IV.B.3.a above. Any objections to the eligibility of a selected person -that the parties have failed to resolve between themselves shall be -decided by the Court based solely on the requirements stated in section -IV.B.2 above. - c. As soon as practical after their appointment by the Court, the two -members of the TC selected by the Plaintiffs and Microsoft (the "Standing -Committee Members") shall identify to the Plaintiffs and Microsoft the -person that they in turn propose to select as the third member of the -TC. The Plaintiffs and Microsoft shall not object to this selection on -any grounds other than failure to satisfy the requirements of section -IV.B.2 above. Any such objection shall be made within ten business days -of the receipt of notification of the selection and shall be served on -the other party as well as on the Standing Committee Members. - d. The Plaintiffs shall apply to the Court for appointment of the -person selected by the Standing Committee Members. If the Standing -Committee Members cannot agree on a third member of the TC, the third -member shall be appointed by the Court. Any objection by Microsoft -or the Plaintiffs to the eligibility of the person selected by the -Standing Committee Members which the parties have failed to resolve among -themselves shall also be decided by the Court based on the requirements -stated in section IV.B.2 above. - 4. Each TC member shall serve for an initial term of 30 months. At -the end of -a TC member's initial 30-month term, the party that originally selected -him or her may, in its sole discretion, either request re-appointment -by the Court to a second 30-month term or replace the TC member in the -same manner as provided for in section IV.B.3.a above. In the case of -the third member of the TC, that member shall be re-appointed or replaced -in the manner provided in section IV.B.3.c above. - 5. If the United States determines that a member of the TC has -failed to act diligently and consistently with the purposes of this -Final Judgment, or if a member of the TC resigns, or for any other -reason ceases to serve in his or her capacity as a member of the TC, -the person or persons that originally selected the TC member shall select -a replacement member in the same manner as provided for in section IV.B.3. - 6. Promptly after appointment of the TC by the Court, the United -States shall enter into a Technical Committee services agreement ("TC -Services Agreement") with each TC member that grants the rights, powers -and authorities necessary to permit the TC to perform its duties under -this Final Judgment. Microsoft shall indemnify each TC member and hold -him or her harmless against any losses, claims, damages, liabilities -or expenses arising out of, or in connection with, the performance of -the TC's duties, except to the extent that such liabilities, losses, -damages, claims, or expenses result from misfeasance, gross negligence, -willful or wanton acts, or bad faith by the TC member. The TC Services -Agreements shall include the following. - a. The TC members shall serve, without bond or other security, at -the cost and expense of Microsoft on such terms and conditions as the -Plaintiffs approve, including the payment of reasonable fees and expenses. - b. The TC Services Agreement shall provide that each member of the -TC shall comply with the limitations provided for in section IV.B.2 above. - 7. Microsoft shall provide the TC with a permanent office, telephone, -and other office support facilities at Microsoft's corporate campus -in Redmond, Washington. Microsoft shall also, upon reasonable advance -notice from the TC, provide the TC with reasonable access to available -office space, telephone, and other office support facilities at any -other Microsoft facility identified by the TC. - 8. The TC shall have the following powers and duties: a. The TC - shall have the power and authority to monitor Microsoft's -compliance with its obligations under this final judgment. b. The TC may, - on reasonable notice to Microsoft: (i) Interview, either informally - or on the record, any Microsoft -personnel, who may have counsel present; any such interview to be subject -to the reasonable convenience of such personnel and without restraint -or interference by Microsoft; - (ii) Inspect and copy any document in the possession, custody or -control of Microsoft personnel; - (iii) Obtain reasonable access to any systems or equipment to which -Microsoft personnel have access; - (iv) Obtain access to, and inspect, any physical facility, building -or other premises to which Microsoft personnel have access; and - (v) Require Microsoft personnel to provide compilations of documents, -data and other information, and to submit reports to the TC containing -such material, in such form as the TC may reasonably direct. - c. The TC shall have access to Microsoft's source code, subject to the -terms of Microsoft's standard source code Confidentiality Agreement, as -approved by the Plaintiffs and to be agreed to by the TC members pursuant -to section IV.B.9 below, and by any staff or consultants who may have -access to the source code. The TC may study, interrogate and interact -with the source code in order to perform its functions and duties, -including the handling of complaints and other inquiries from non-parties. - d. The TC shall receive complaints from the Compliance Officer, -third parties or the Plaintiffs and handle them in the manner specified -in section IV.D below. - e. The TC shall report in writing to the Plaintiffs every six months -until expiration of this Final Judgment the actions it has undertaken -in performing its duties pursuant to this Final Judgment, including the -identification of each business practice reviewed and any recommendations -made by the TC. - f. Regardless of when reports are due, when the TC has reason to -believe that there may have been a failure by Microsoft to comply with -any term of this Final Judgment, the TC shall immediately notify the -Plaintiffs in writing setting forth the relevant details. - g. TC members may communicate with non-parties about how their -complaints or inquiries might be resolved with Microsoft, so long as -the confidentiality of information obtained from Microsoft is maintained. - h. The TC may hire at the cost and expense of Microsoft, with prior -notice to Microsoft and subject to approval by the Plaintiffs, such -staff or consultants (all of whom must met the qualifications of section -IV.B.2) as are reasonably necessary for the TC to carry out its duties -and responsibilities under this Final Judgment. The compensation of any -person retained by the TC shall be based on reasonable and customary -terms commensurate with the individual's experience and responsibilities. - i. The TC shall account for all reasonable expenses incurred, -including agreed upon fees for the TC members' services, subject to the -approval of the Plaintiffs. Microsoft may, on application to the Court, -object to the reasonableness of any such fees or other expenses. On any -such application: (a) The burden shall be on Microsoft to demonstrate -unreasonableness; and (b) the TC member(s) shall be entitled to -recover all costs incurred on such application (including reasonable -attorney's fees and costs), regardless of the Court's disposition of -such application, unless the Court shall expressly find that the TC's -opposition to the application was without substantial justification. - 9. Each TC member, and any consultants or staff hired by the TC, shall -sign a confidentiality agreement prohibiting disclosure of any information -obtained in the court of performing his or her duties as a member of the -TC or as a person assisting the TC to anyone other than Microsoft, the -Plaintiffs, or the Court. All information gathered by the TC in connection -with this Final Judgment and any report and recommendations prepared -by the TC shall be trated as Highly Confidential under the Protective -Order in this case, and shall not be disclosed to any person other than -Microsoft and the Plaintiffs except as allowed by the Protective Order -entered in the Action or by the further order of this Court. - 10. No member of the TC shall make any public statements relating to -the TC's activities. - C. Appointment of a Microsoft Internal Compliance Officer - 1. Microsoft shall designate, within 30 days of entry of this Final -Judgment, an internal Compliance Officer who shall be an employee of -Microsoft with responsibility for administering Microsoft's antitrust -compliance program and helping to ensure compliance with this Final -Judgment. - 2. The Compliance Officer shall supervise the review of Microsoft's -activities to ensure that they comply with this Final Judgment. He or -she may -be assisted by other employees of Microsoft. 3. The Compliance Officer - shall be responsible for performing the -following activities: a. Within 30 days after entry of this Final - Judgment, distributing -a copy of the Final Judgment to all officers and directors of Microsoft; - b. Promptly distributing a copy of this Final Judgment to any -person who succeeds to a position described in section IV.C.3. a above; - c. Ensuring that those persons designated in section IV.C.3.a above -are annually briefed on the meaning and requirements of this Final -Judgment and the U.S. antitrust laws and advising them that Microsoft's -legal advisors are available to confer with them regarding any question -concerning compliance with this Final Judgment or under the U.S. -antitrust laws; - d. Obtaining from each person designated in section IV.C.3.a above an -annual written certification that he or she: (i) Has read and agrees to -abide by the terms of this Final Judgment; and (ii) has been advised and -understands that his or her failure to comply with this Final Judgment -may result in a finding of contempt of court; - e. Maintaining a record of all persons to whom a copy of this Final -Judgment has been distributed and from whom the certification described -in section IV.C.3.d above has been obtained; - f. Establishing and maintaining the website provided for in section -IV.D.3.b below. - g. Receiving complaints from third parties, the TC and the Plaintiffs -concerning Microsoft's compliance with this Final Judgment and following -the appropriate procedures set forth in section IV.D below; and - h. Maintaining a record of all complaints received and action taken -by Microsoft with respect to each such complaint. D. Voluntary Dispute -Resolution - 1. Third parties may submit complaints concerning Microsoft's -compliance with this Final Judgment to the Plaintiffs, the TC or the -Compliance Officer. - 2. In order to enhance the ability of the Plaintiffs to enforce -compliance with this Final Judgment, and to advance the parties' joint -interest and the public interest in prompt resolution of issues and -disputes, the parties have agreed that the TC and the Compliance Officer -shall have the following additional responsibilities. - 3. Submissions to the Compliance Officer. a. Third parties, the TC, - or the Plaintiffs in their discretion may -submit to the Compliance Officer any complaints concerning Microsoft's -compliance with this Final Judgment. Without in any way limiting its -authority to take any other action to enforce this Final Judgment, -the Plaintiffs may submit complaints related to sections III.C, III.D, -III.E and III.H to the Compliance Officer whenever doing so would be -consistent with the public interest. - b. To facilitate the communication of complaints and inquiries -by third parties, the Compliance Officer shall place on Microsoft's -Internet web site, in a manner acceptable to the Plaintiffs, the -procedures for submitting complaints. To encourage whenever possible -the informal resolution of complaints and inquiries, the web site shall -provide a mechanism for communicating complaints and inquiries to the -Compliance Officer. - c. Microsoft shall have 30 days after receiving a complaint to -attempt to resolve it or reject it, and will then promptly advise the -TC of the nature of the complaint and its disposition. - 4. Submissions to the TC. a. The Compliance Officer, third parties - or the Plaintiffs in their -discretion may submit to the TC any complaints concerning Microsoft's -compliance with this Final Judgment. - b. The TC shall investigate complaints received and will consult -with the Plaintiffs regarding its investigation. At least once during -its investigation, and more often when it may help resolve complaints -informally, the TC shall meet with the Compliance Officer to allow -Microsoft to respond to the substance of the complaint and to determine -whether the compliant can be resolved without further proceedings. - c. If the TC concludes that a complaint is meritorious, it shall -advise Microsoft and the Plaintiffs of its conclusion and its proposal -for cure. - d. No work product, findings or recommendations by the TC may be -admitted in any enforcement proceeding before the Court for any purpose, -and no member of the TC shall testify by deposition, in court or before -any other tribunal regarding any matter related to this Final Judgment. - e. The TC may preserve the anonymity of any third party complaint -where it deems it appropriate to do so upon the request of the Plaintiffs -or the third party, or in its discretion. + B. 1. Compliance Committee. Within 30 days of entry of this +Final Judgment, Microsoft shall establish a compliance committee (the +"Compliance Committee") of its Board of Directors, consisting of at +least three members of the Board of Directors who are not present or +former employees of Microsoft. + 2. Compliance Officer. The Compliance Committee shall hire a +Compliance Officer, who shall report directly to the Compliance Committee +and to the Chief Executive Officer of Microsoft. The Compliance Officer +shall be responsible for development and supervision of Microsoft's +internal programs to ensure compliance with the antitrust laws and this +Final Judgment. Microsoft shall give the Compliance Officer all necessary +authority and resources to discharge the responsibilities listed herein. + 3. Duties of Compliance Officer. The Compliance Officer shall: +a. within 60 days after entry of this Final Judgment, arrange for +delivery to all officers and directors of Microsoft a copy of this Final +Judgment together with additional informational materials describing +the conduct prohibited and required by this Final Judgment; b. arrange +for delivery in a timely manner of a copy of this Final Judgment and +such additional informational materials to any person who succeeds to +a position described in Section IV.B.3.a above; c. ensure that those +persons described in subsection c.i above are annually briefed on the +meaning and requirements of this Final Judgment and the United States +antitrust laws and advising them that Microsoft's legal advisors +are available to confer with them regarding any question concerning +compliance with this Final Judgment or under the United States antitrust +laws; d. obtain from each person described in Section IV.B.3.a within 60 +days of entry of this Final Judgment and annually thereafter, and for +each person thereafter succeeding to such a position within 10 days of +such succession and annually thereafter, a written certification that +he or she: (i) has read, understands, and agrees to abide by the terms +of, and has to their knowledge not violated, this Final Judgment; and +(ii) has been advised and understands that his or her failure to comply +with this Final Judgment may result in a finding of contempt of court; +e. maintain a record of persons to whom this Final Judgment has been +distributed and from whom, pursuant to Section V.B.3.d above has been 10 +obtained; f. on an annual basis, certify to the Plaintiffs that Microsoft +is fully compliant with this Final Judgment; g. maintain a record of all +complaints received and action taken by Microsoft with respect to each +such complaint; and g. report promptly to the Plaintiffs any credible +evidence of violation of this Final Judgment. + 4. The Compliance Officer may be removed only by the Chief Executive +Officer with the concurrence of the Compliance Committee. -V. Termination + V. Termination A. Unless this Court grants an extension, this Final Judgment will -expire on the fifth anniversary of the date it is entered by the Court. +expire on the fifth anniversary of the date on which it takes effect. B. In any enforcement proceeding in which the Court has found that Microsoft has engaged in a pattern of willful and systematic violations, the Plaintiffs may apply to the Court for a one-time extension of this Final Judgment of up to two years, together with such other relief as the Court may deem appropriate. -VI. Definitions + VI. Definitions - A. "Application Programming Interfaces (APIs)" means the interfaces, -including any associated callback interfaces, that Microsoft Middleware -running on a Windows Operating System Product uses to call upon that -Windows Operating System Product in order to obtain any services from -that Windows Operating System Product. + A. "API" means application programming interface, including any +interface that Microsoft is obligated to disclose pursuant to III.D. B. "Communications Protocol" means the set of rules for information exchange to accomplish predefined tasks between a Windows Operating System Product and a server operating system product connected via a network, @@ -619,9 +412,9 @@ shall be recomputed by Microsoft as soon as practicable after the close of each of Microsoft's fiscal years. E. "Documentation" means all information regarding the identification -and means of using APIs that a person of orindary skill in the art -requires to make effective use of those APIs. Such information shall be -of the sort and to the level of specificity, precision and detail that +and means of using APIs that a person of ordinary skill in the art +requires to make effective use of those 11 APIs. Such information shall +be of the sort and to the level of specificity, precision and detail that Microsoft customarily provides for APIs it documents in the Microsoft Developer Network ("MSDN"). F. "IAP" means an Internet access provider that provides consumers @@ -636,10 +429,12 @@ the development or marketing of software products. J. "Microsoft Middleware" means software code that 1. Microsoft distributes separately from a Windows Operating System Product to update -that Windows Operating System Product; 2. Is Trademarked; 3. Provides the -same or substantially similar functionality as a Microsoft Middleware -Product; and 4. Includes at least the software code that controls most -or all of the user interface elements of that Microsoft Middleware. +that Windows Operating System Product; 2. is Trademarked or is marketed by +Microsoft as a major version of any Microsoft Middleware Product defined +in section VI.K.1; and 3. provides the same or substantially similar +functionality as a Microsoft Middleware Product. Microsoft Middleware +shall include at least the software code that controls most or all of +the user interface elements of that Microsoft Middleware. Software code described as part of, and distributed separately to update, a Microsoft Middleware Product shall not be deemed Microsoft Middleware unless identified as a new major version of that Microsoft Middleware @@ -702,8 +497,9 @@ examples of products that are not Personal Computers within the meaning of this definition. R. "Timely Manner" means at the time Microsoft first releases a -beta test version of a Windows Operating System Product that is -distributed to 150,000 or more beta testers. +beta test version of a Windows Operating System Product that is made +available via an MSDN subscription offering or of which 150,000 or +more beta copies are distributed. S. "Top-Level Window" means a window displayed by a Windows Operating System Product that (a) has its own window controls, such as move, resize, close, minimize, and maximize, (b) can contain sub-windows, and @@ -732,15 +528,24 @@ service packs, etc. The software code that comprises a Windows Operating System Product shall be determined by Microsoft in its sole discretion. - VII. Further Elements - Jurisdiction is retained by this Court over this action and the -parties thereto for the purpose of enabling either of the parties -thereto to apply to this Court at any time for further orders and -directions as may be necessary or appropriate to carry out or construe -this Final Judgment, to modify or terminate any of its provisions, to -enforce compliance, and to punish violations of its provisions. + Jurisdiction is retained by this Court over this action such that the +Court may act sua sponte to issue further orders or directions, including +but not limited to orders or directions relating to the construction +or carrying out of this Final Judgment, the enforcement of compliance +therewith, the modification thereof, and the punishment of any violation +thereof. Jurisdiction is retained by this Court over this action and the +parties thereto for the purpose of enabling the parties to this action to +apply to this Court at any time for further orders and directions as may +be necessary or appropriate to carry out or construe this Final Judgment, +to modify or terminate any of its provisions, to enforce compliance, +and to punish violations of its provisions. Unless otherwise indicated, +the provisions of this Final Judgment shall take effect 30 days after +the date on which it is entered. In accordance with the imposition and +affirmance of liability, the Plaintiff States shall submit a motion for +the award of costs and fees, with supporting documents as necessary, +not later than 45 days after the entry of this Final Judgment. VIII. Third Party Rights