Posting fiscal 2010 first-quarter financials before market opening this morning, Microsoft (MSFT) said it earned 40 cents a share on revenue of $12.92 billion.

And while net income per share was down 17 percent from a year earlier thanks to declining revenue in all but one of the company’s businesses, it still bested analysts’ estimates, which called for a profit of 32 cents a share.

And although sales fell for the third consecutive quarter, dropping 14 percent to $12.9 billion, they too topped forecasts of $12.4 billion.

The software giant attributed the performance to strong Windows and Xbox demand and to cost discipline.

Shares in the company spiked more than 10 percent in premarket stock trading.

(You can peruse slides of the financial results here and a liveblog of the conference call here.)

“We are very pleased with our performance this quarter and particularly by the strong consumer demand for Windows,” said Chris Liddell, CFO at Microsoft. “We also maintained our cost discipline, which allowed us to drive strong earnings performance despite continued tough overall economic conditions.”

Here is the press release on the Q1 results (without performance tables, which you can see here):

Microsoft Reports First-Quarter Results

Windows and Xbox exceed expectations due to strong consumer demand; cost discipline drives earnings per share growth.

REDMOND, Wash.–Oct. 23, 2009–Microsoft Corp. today announced revenue of $12.92 billion for the first quarter ended Sept. 30, 2009, a 14% decline from the same period of the prior year. Operating income, net income and diluted earnings per share for the quarter were $4.48 billion, $3.57 billion and $0.40 per share, which represented declines of 25%, 18% and 17%, respectively, when compared with the prior year period.

These financial results reflect the deferral of $1.47 billion of revenue, an impact of $0.12 of diluted earnings per share, relating to the Windows 7 Upgrade Option program and sales of Windows 7 to OEMs and retailers before general availability. Adding back the deferred revenue, revenue totaled $14.39 billion, a 4% year-over-year decline, and EPS totaled $0.52 per share, an increase of 8% over the same period of the prior year.

“We are very pleased with our performance this quarter and particularly by the strong consumer demand for Windows,” said Chris Liddell, chief financial officer at Microsoft. “We also maintained our cost discipline, which allowed us to drive strong earnings performance despite continued tough overall economic conditions.”

Windows 7 and Windows Server 2008 R2 launched globally on Oct. 22 as anticipated. Also during October, Microsoft released Microsoft Exchange Server 2010 to manufacturing and in July announced a strategic partnership with Yahoo! Inc. to provide search results for their global properties.

“The worldwide launches of Windows 7, Exchange Server 2010 and Windows Server 2008 R2 are exciting milestones for Microsoft, our partners and customers,” said Kevin Turner, chief operating officer at Microsoft. “We are pleased by the early positive response we are receiving for these products.”

Business Outlook

Microsoft is reducing operating expense guidance to $26.2 billion to $26.5 billion, for the full year ending June 30, 2010.

Management will discuss first-quarter results and the company’s business outlook on a conference call and webcast at 7:30 a.m. PDT (10:30 a.m. EDT) today.

That’s the argument put forth by Piper Jaffray analyst Chris Larsen in a research note to investors Monday. Larsen feels that the cost to Apple (AAPL) of developing a CDMA version of the iPhone for Verizon’s (VZ) network and the subsidies the company might lose by ending its exclusivity deal with AT&T (T) would be a small price to pay for the spike in iPhone sales they would create.

“Although the iPhone is a strong player in the smartphone market, expanding its multi-vendor strategy could allow it to dominate the industry, as it does with the iPod,” Larsen writes. “The U.S. market is the world’s largest smartphone market, but we believe there is a land grab in the U.S. for smartphone share.”

Expanding his argument, Larson adds, “Apple’s exclusivity with AT&T has left the door open for strong competition from competitors, such as Research In Motion’s Blackberries, Palm’s webOS smartphones and Google’s Android operating system on multiple smartphones from OEMs such as Motorola, HTC, Samsung, LG, and others. Making the iPhone available to the other 150+ million subscribers (~2/3s of subscribers) not on AT&T’s network could result in iPod like adoption.”

Keeping the iPhone exclusive–while it might enable Apple to do more innovative things, as COO Tim Cook noted yesterday during the company’s quarterly earnings call–would also give those rival devices and platforms more time to catch up. If Apple really hopes to keep its lead in the U.S. market, it must do away with exclusivity deals, the same way it’s doing away with them abroad.

That’s bad news for AT&T. Because, as I’ve noted here before, a move to nonexclusivity in the U.S. would brutalize the carrier’s subscriber base. Analysts have long said that a material number of AT&T iPhone users would flock to Verizon’s superior network given the chance.

Larsen agrees. “A move to non-exclusivity in the U.S. could have a material impact on the U.S. wireless carriers,” he writes. “AT&T could lose meaningful smartphone share, while we think all the other carriers would gain share. We believe Verizon would be the largest beneficiary of non-exclusivity and the development of a CDMA iPhone.”

Continuing, Larson explains, “With 35% of AT&T’s iPhone sales coming from new customers, we feel it is reasonable to assume the company’s total iPhone sales could decline by 30% or more and that Verizon could pick up the bulk of this lost share (why switch to AT&T for iPhone if you haven’t left by now and the device is now available through your carrier; Verizon’s network quality could be a reason to switch from AT&T).”

Which is interesting since Sewell has been quarterbacking Intel’s (INTC) fight against antitrust allegations at home and abroad since, well, since they were first brought against the company in Japan. And Korea. And the United States, and now the European Union as well.

So to hear he’s leaving today after 14 years with the company with no explanation of why or where he’s headed…

to hear there’s no one lined up to take his place (Suzan Miller, currently deputy general counsel, will become interim general counsel until a replacement is found)…

and to hear this at a time when the company is grappling with some of the most important legal issues it’s ever faced…

when the U.S. Federal Trade Commission and the European Commission are both probing Intel’s alleged antitrust violations in the microprocessor market…

when the company is just six months away from going to trial with rival chip maker AMD (AMD), which accuses Intel of using illegal inducements to dissuade OEMs from buying AMD processors and “knee-capping” those who did….

Well, it’s all a bit odd, isn’t it?

I mean Sewell’s Intel bio is already returning “Page Not Found” errors (see below; click image to enlarge).

What’s going on in Intel legal? Reached for comment, the company didn’t have much of an answer to the question other than to say that Sewell is leaving of his own accord and it’s sad to see him go. “All I can say is that Bruce has decided voluntarily to leave the company,” Intel spokesman Chuck Molloy told me. “We are not talking about his plans. He was not forced to leave and we were surprised by his decision.”

UPDATE: Sewell’s leaving Intel to become General Counsel at Apple.

“Microsoft has proposed a consumer ballot screen as a solution to the pending antitrust case,” the Commission said in a press release. “The proposal recognizes the principle that consumers should be given a free and effective choice of Web browser, and sets out a means–the ballot screen–by which Microsoft believes that can be achieved.”

Microsoft (MSFT), for its part, described the move as “a big step forward in addressing a decade of legal issues and would be good news for European consumers and our partners in the industry.”

Below, the EC’s statement in full.

PREVIOUSLY:

• Brussels Palace of Justice Apparently Has Only Single Courtroom
• Great Move, EC. Now We Have to Download IE Ourselves…
• If Windows Didn’t Ship With IE, How Would You Download Firefox?
• Microsoft’s Browser Move to Make Windows Even More Annoying
• European Commission Announces Microsoft Antitrust Fine Ultimate Edition™

MEMO/09/352

Brussels, 24th July 2009

Antitrust: Commission welcomes new Microsoft proposals on Microsoft Internet Explorer and Interoperability

The European Commission can confirm that Microsoft has proposed a consumer ballot screen as a solution to the pending antitrust case about the tying of Microsoft Internet Explorer web browser with Windows. This followed extensive discussions with the Commission which centred on a remedy outlined in the January 2009 Statement of Objections (see MEMO/09/15) whereby consumers would be shown a “ballot screen” from which they could–if they wished–easily install competing web browsers, set one of those browsers as a default, and disable Internet Explorer. Under the proposal, Windows 7 would include Internet Explorer, but the proposal recognises the principle that consumers should be given a free and effective choice of web browser, and sets out a means–the ballot screen–by which Microsoft believes that can be achieved. In addition OEMs would be able to install competing web browsers, set those as default and disable Internet Explorer should they so wish. The Commission welcomes this proposal, and will now investigate its practical effectiveness in terms of ensuring genuine consumer choice.

As the Commission indicated in June (see MEMO/09/272 ), the Commission was concerned that, should Microsoft’s conduct prove to have been abusive, Microsoft’s intention to separate Internet Explorer from Windows, without measures such as a ballot screen, would not necessarily have achieved greater consumer choice in practice and would not have been an effective remedy.

Microsoft has also made proposals in relation to disclosures of interoperability information that would improve the interoperability between third party products and Windows and Windows Server. Again, these proposals require further investigation before the Commission reaches any conclusion as to the next steps.

Microsoft’s proposals will be published in full on its website.

The Commission has no further comment at this stage.

According to new stats from NPD Group, Apple now claims 91 percent of the U.S. retail market for personal computers costing more than $1,000. Nine out of 10 dollars spent on such machines in June went to Cupertino.

Now, granted, Cupertino only sells three Macs priced below $1,000 (the 13-inch MacBook and both versions of the Mac Mini), and Apple’s (AAPL) rivals’ offerings typically price out in the $690 -to-$703 range. Still, that 91 percent metric is impressive.

As Joe Wilcox over at Betanews puts it, “A (higher pricing) doesn’t necessarily lead to B (greater sales). All major Windows OEMs sell PCs in the premium category, too. Apple’s charging more isn’t necessarily recipe for people paying more for Macs, or their capturing big revenue share.”

That said, as NPD analyst Stephen Baker points out, Windows product average selling prices have been falling pretty rapidly over time, especially at retail, so it was inevitable that Apple’s share of the high-end market would rise, since the company hasn’t really altered its pricing philosophy.

And by many accounts, Windows 7 is poised to do just that. Unlike Vista, it was completed on time. And unlike Vista, early reviews have been positive.

“Even in beta form, with some features incomplete or imperfect, Windows 7 is, in my view, much better than Vista, whose sluggishness, annoying nag screens, and incompatibilities have caused many users to shun it,” Walt Mossberg said of the OS back in January. “It’s also a serious competitor, in features and ease of use, for Apple’s current Leopard operating system.”

So Microsoft (MSFT) has good reason to be proud of this release-to-manufacturing, or RTM, milestone. There’s a lot riding on Windows. And the company seems to be very much on point as it brings the newest version to market.

“Today’s release is the result of hard work and collaboration with our partners in the industry to make Windows 7 a success,” wrote Microsoft’s Brandon LeBlanc in a post to the Windows 7 Team Blog. “We delivered Windows 7 with a predictable feature set on a predictable timetable that allowed OEMs [original equipment manufacturers] to focus on value and differentiation for their customers. We continue to be overwhelmed at the community’s response to Windows 7 and it has been an extremely rewarding experience to witness. We hope the enthusiasm will continue to grow even more as our partners build amazing experiences with their products and Windows 7.”

Ironically, this particular build of Windows 7–Build 7600.16385–which Microsoft designated as RTM, was leaked to the Internet nearly a week ago and has been available for download via BitTorrent ever since.

Said Microsoft: “Windows 7 Professional and Ultimate customers will have the option to downgrade to Windows XP Professional from PCs that ship within 18 months following the general availability of Windows 7 or until the release of a Windows 7 service pack, whichever is sooner, and if a service pack is developed.”

This means OEMs could still be selling XP-equipped PCs as late as April 2011. Which is astonishing when you recall that the company originally planned to cut off sales of XP on Jan. 30, 2008, one year after Windows Vista debuted. But the poor reception given Vista and the unwavering loyalty of XP users caused the company to extend that deadline to June 30, 2008. A few months later, Microsoft (MSFT) pushed the deadline out further, to Jan. 31, 2009. Then, amid reports that more than a third of all new Vista PCs were being downgraded to XP, Redmond extended the XP deadline to May 30, 2009. The company subsequently pushed that extension out to April 22, 2010.

And now we’re into mid-2011.

“The current Microsoft announcement is too little, too late. Such a move would have been appropriate in 1997, but further action is needed to undo the effects of a decade of abuse,” said Thomas Vinje, spokesman for the anti-Microsoft lobby European Committee for Interoperable Systems. “Microsoft must give users real choice, and this should include not just buyers of new computers, but also existing users.” And just what is Vinje’s idea of “real choice”? Ballot screens offering a choice of at least five preloaded browsers for buyers of new PCS as well as Microsoft’s installed base of Windows users, via Windows and IE updates.

Mitchell Baker, Chair of the Mozilla Foundation, took a similarly dim view of Microsoft’s (MSFT) plans for European versions of Windows, questioning the company’s motives and wondering if it might not intend to somehow give PC makers an incentive to bundle IE back into Windows at the OEM level. “It’s impossible to evaluate what this means until Microsoft describes–completely and with specificity–all the incentives and disincentives applicable to Windows OEMs,” she wrote in a blog post. “Without this it’s impossible to tell if Microsoft is giving something with one hand and taking it away with the other. For example, if Windows marketing dollars are tied to IE or browser-based programs, then the ties to Windows are still distorting the browser market. One could think of many other examples. As a result, it’s also impossible to tell whether this does anything more than change the technical installation process of the OEMs.”

Baker did, however, concede that Microsoft’s solution will achieve one thing: annoying the hell out of Windows users abroad. “It will certainly make life more difficult for people upgrading to Windows 7,” she said.

It would appear that Intel’s loss is, for the most part, AMD’s gain. Intel’s (INTC) shipments declined 16 percent while those of its rival increased 13 percent. Great news for AMD (AMD), which has been having a rough time of it lately with more than two fiscal years of losses and little sign of an upturn.

And what of the broader chip market? IDC says it remains weak, but believes a bottom may be in sight. Overall, shipments were down, but their rate of decline appears to be slowing. During the first quarter, world-wide shipments fell 10.9 percent from the fourth quarter of 2008. That’s not nearly as bad as their 17 percent decline from the third quarter to fourth. So the good news here in that the bad news could have been worse. Says IDC: “The PC processor market is still in weak condition. While OEM demand picked up notably towards the end of the quarter and going into April, IDC is wary that the demand was due to OEMs replenishing their inventories rather than reflecting a return of solid end demand and return to market normalcy. IDC continues to expect modest sequential processor unit shipment decline in 2Q09.”

Sure is. Especially for an operating system that’s met with such a middling reception. That said, you’ve got to wonder if the 140 million copies to which Gates refers are deployed copies or licenses sold. Because if it’s the latter, the number would be decidedly less impressive. It wouldn’t really account for volume licenses sold to corporate customers, copies pre-installed on OEM computers, and copies downgraded to Windows XP. And Gates has made exactly this type of oblique statement before, the last time Microsoft announced Vista sales figures.