On the Windows Update front, Anderson countered with an idea of Mozilla's own. "The proposal should be modified to expressly state that Microsoft cannot use Windows Update to trigger any 'Make IE the default' consideration unless the user launched IE intentionally and not just as a requirement of another process," he said, fearing that Microsoft would unfairly leverage the update service.

Anderson also questioned the download link part of the proposed ballot screen. Saying that a link was "insufficient," and citing Mozilla data that claims only about 55% of its users who click a download link actually complete the installation process, he said the link should trigger both a download of the alternate browser and its installation. He also called on the commission to make Microsoft add a launch of the browser maker's instruction page to the process.

"Obviously this & will take some thinking, and to make it really work, we would strongly recommend that the proposal include a Microsoft commitment to work with browser vendors directly in an informal group, including the commission, so the ballot implementation can be informed by the knowledge and experience of other browser providers," Anderson urged.

Both Microsoft and the commission have been mum about the chances the latter will accept the former's proposal. Two weeks ago, however, Microsoft was confident enough that the commission would take the deal that it to ship Windows 7 without IE to EU customers. That idea, which Microsoft had in early June, would have shipped the new operating system this fall sans IE. Computer makers were expected to pre-load one or more browsers onto new PCs, while users upgrading would face the tough task of getting a browser without the means to reach the Internet.

"I wouldn't know how to handicap it," said Mozilla's Lilly today when asked whether he thinks EU acceptance of Microsoft's proposal is likely.