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This is a problem in that provision III.D seems to come close to rendering all types of middleware (subject to the exclusionary language of section V.G.5.c above) made for use with Windows Media Player Content Package (defined by section III.F) into non-Microsoft middleware. Thus, one is forced to conclude that all the type of middleware (or, alternatively, any type of middleware) that is made up with the intent to use one of the Windows Media Player Content Package files enumerated in III.F above — including similar types that are made by ISVs to distribute their own ISV middleware — are not covered by the prohibition against the use of any technology I.C.1 or I.C.2 above, and such software would be free to use with any Windows or non-Microsoft operating systems.

This is the same problem as noted above for the term “Windows® Middleware.” Or, as Microsoft would argue, it simply creates a situation in which the middleware run on the same machine operates as it did prior to the launch of Windows Media Player.

The definition VI.J also raises problems for the policy “Microsoft Middleware Products” (the subject of definitions IV.A and VI.K) because the term “Microsoft” can apply to itself in many of its senses. Thus, for example, a single page can be “Microsoft Web Page”, an application system might be “Microsoft Bob&#8221, user middleware might be “Microsoft Office Twelve&#8221, OS plug-ins might be “Microsoft Windows Media Player Authority Pack&#8221, some text might be “Microsoft Windows&#8221 and systems for forwarding information might be “Microsoft ProCite.&#8221

(c) Microsoft Windows operating system software, whether or not visibly marked as containing the Microsoft Windows operating system, that, when loaded onto a consumer PC, interoperates with the Media Player plug-in….

-an executable file that is part of the operating system and provides interoperability for compatible middleware (including Internet Explorer, the Outlook Express e-mail client, Windows MediaPlayer, or Java Virtual Machine)

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