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Microsoft Questions Commitment by AOL to Open Technology Standards

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From Associated Press

Microsoft Corp. on Thursday challenged America Online’s commitment to open technological standards as the nation’s largest Internet access provider urged a judge to force Microsoft to adhere to such standards.

While questioning an AOL witness testifying for nine states seeking antitrust penalties against the software giant, Microsoft lawyer Richard Pepperman produced an internal AOL e-mail suggesting AOL joined a high-profile Internet standards group only after it seemed Microsoft would join first.

The Liberty Alliance, created by Sun Microsystems Inc., was founded to develop a common way for Internet users to identify themselves for electronic commerce.

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The alliance includes General Motors Corp., American Express Co. and Nokia.

AOL, a unit of AOL Time Warner Inc., joined in December, just before the deadline for founding members.

Pepperman said AOL did so for a public relations boost, citing an e-mail that said joining after Microsoft “mitigates a major reason for our participation” and gives Microsoft “a significant win [regarding] positioning on inter-operability for press and partners.”

AOL Vice President John Borthwick, who wrote the e-mail, said news coverage was a factor in the timing of the decision, but AOL also delayed its decision because it was unsure whether the Liberty Alliance “was really going to matter.”

Microsoft has not joined the group, but discussions are ongoing.

Nine states want U.S. District Judge Colleen Kollar-Kotelly to force Microsoft to create a stripped-down version of the company’s flagship Windows software that could incorporate competitors’ features. The states also want Microsoft to divulge blueprints for its Internet Explorer browser.

During Thursday’s testimony, Microsoft said AOL placed preconditions on negotiating how its identity service, Magic Carpet, would work with Microsoft’s version.

Borthwick acknowledged that AOL dropped out of those talks after Microsoft refused to change its Windows operating system so a Magic Carpet icon would appear on a computer desktop when the computer is turned on.

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