If this menu thing is indeed what Microsoft goes for I will be very interested to see what browsers are on it; after all there are a lot of browsers out there, and Opera--the company responsible for this whole mess in the first place--has an almost invisible market share compared to other third-party browsers such as Firefox. Microsoft will presumably make sure to include Opera on the menu, regardless of the criteria for inclusion, because they could kick up quite a fuss if they didn't end up getting their moment of glory. It's not fair at all, but if it's going to allow Microsoft to include a browser right out of the box that's going to be better for users.
I don't think this is going to do Opera any good, however; most people just go with the defaults when asked what to do (such as with the new search/homepage/etc. setup window in IE8) and since it sounds like IE8 will be installed by default many will just click their way out of the selection window and stick with that. Not only that, Opera's actions have been condemned by many readers of these stories, and some have gone so far as to boycott their products and switch to another browser.
Firefox and the like got their market share through good, honest hard work and making a competent, enjoyable product, and they did all this despite Microsoft bundling Internet Explorer with each and every copy of Windows sold since about 1997; Opera has not managed to do any of this, and so now they go cry to the EU about how unfair it is? Ridiculous.
chautemoc: No that's really just Windows. :)
You are greatly mistaken. Each version of Windows is as modular as it can be (within the technical limitations which are in place for very good reasons) and each new version allows even more things to be swapped or removed. In my experience, other operating systems are comparable or worse in terms of modular customisation.
A short time ago I experimented with Ubuntu. I tried to uninstall GIMP but was told I couldn't without removing the entire desktop suite (the error message didn't say what exactly that included). On Windows you can remove everything (except for crucial elements of the OS itself) in a selective, piece-by-piece manner, but this didn't seem to be the case on Ubuntu at all.
While Ubuntu isn't necessarily a fair indication of how other Linux distributions are presented it is by far the most commonly recommended to new users (which is why I decided to try it) and is supposed to be really easy for non-geeks to use (which I found to be partly untrue for this and other reasons). While I can accept not being able to remove crucial utilities such as Python that provide special functionality, not being able to remove something as basic and insignificant as an image editor without removing the rest of the software bundle as well seems like a very strange way to do things. In the end I had to leave GIMP because I wasn't sure what would be removed by its removal nor was I sure I would be able to reinstall everything else that had been in the suite just as it was when pre-installed.