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Re: EU investigating new complaint about Microsoft

  • Subject: Re: EU investigating new complaint about Microsoft
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sat, 08 Jul 2006 08:00:47 +0100
  • Newsgroups: comp.os.linux.advocacy
  • Organization: schestowitz.com / MCC / Manchester University
  • References: <1152259593.693990.243450@k73g2000cwa.googlegroups.com> <61Arg.98105$wl.5506@text.news.blueyonder.co.uk>
  • Reply-to: newsgroups@xxxxxxxxxxxxxxx
  • User-agent: KNode/0.7.2
__/ [ 7 ] on Friday 07 July 2006 22:06 \__

> nessuno@xxxxxxxxxxxxxxxxxxx wrote:
> 
>> Quote:
>> --------------
>> European Union regulators are "studying" a consumer complaint that
>> Microsoft Corp. forces computer makers to sell machines that are
>> preloaded with Windows, excluding other operating systems such as
>> Linux....
>> 
>> The complaint comes as the regulator threatens to fine Microsoft as
>> much as 2 million euros, or $2.5 million, a day for not complying with
>> a 2004 antitrust ruling. The commission also has cautioned the company
>> about bundling products into its new version of Windows, which will be
>> released next year.
>> ----------
>> End quote
>> 
>> http://seattlepi.nwsource.com/business/276088_msfteu01.html
> 
> 
> The EU representative of the Commission needs
> to go back to school and study competition law.
> 
> "
>  In the Wednesday reply, Tradacete said the commission
>  isn't aware of any obligation for PC makers to sell
>  their products with Windows.
> 
>  PC makers receive rebates for including Windows, Tradacete noted.
>  
>  "We suspect" that PC makers' decision to preload Windows is based on
>  consumer demand, Tradacete wrote. "If this information is confirmed, the
>  conduct of PC manufacturers would be justified by pure commercial reasons
>  and may not fall under the provisions of EC competition law."
> "
> 
> If rebate system is illegal and creates a market distortion
> financed by illegally overcharging existing customers
> in the software market.


Overcharging is improbably the key issue, or what's at the very core. The
issue is that Linux users buy something they do not want and, in the
process, endorse their 'desire' to buy Windows. It's a cyclic trap.


> Its OK when a rebate is a once in a life time give away from
> micoshaft's coffers.
> 
> But, when the whole market is put on a gravy train that rely continually
> on overcharging the monopolized micoshaft customer in order
> to pay rebates, the entire system becomes a fundamental market distortion,
> and the EU commission are participating in perpetuating
> the illegal over-charging of EU citizens to pay for rebates.


Microsoft found a legal loophole perhaps. Competitiveness in a capitalist
market should not tolerate such behaviour, especially when one pays for a
licence, rather than an actual commodity. And that licence has lockins, high
exit barriers, and inter-person dependencies (through proprietary formats).
How can anyone be so blind the identify the exploit? With the Bush
administration, well... I can see that as a lost case... it's all corrupted
anyway, with interests in profits through taxation of the remainder of the
world.


> The EU commission should
> 
> 1. Fine micoshaft tripple damages for payment of illegal backhanders
> through overcharging existing customers, back dated to when the illegal
> conspiracy began.
> 
> 2. Order the price of windopes to be reduced by the same amount
> that has been overcharged to the consumer. Supervise pricing
> such that all the lost value the customer has lost has been returned.
> 
> 3. Fine those who took the backhanders tripple damages.
> 
> This will correct the market distortion by
> 
> A. Reducing price to consumers of windopes
> B. Offer the same level playing field to other PC based
>    operating system vendors where micoshaft competes
>    as a monopoly through this illegal rebate system
>    instead of the true market cost of the product.
> C. Correct any untennable market positions held by certain hardware
>    vendors favoured by micoshaft's illegal backhander payment systems
>    and allow new vendors to compete equally with equal and
>    fair prices and alternatives when the consumer demands choice.


I think your solution is, as usual, too radical and unrealistic. Banning the
use of Windows (boy, the SPAM and DDOS attack level will plummet to 0
overnight!) is an impossibility. Fining seems like a reasonable option, as
well as recommendations to people, urging them to upgrade to GNU/Linux. You
can start with governments and work downwards to businesses and homes.

Best wishes,

Roy

-- 
Roy S. Schestowitz      | Linux: the most popular, but not most widespread
http://Schestowitz.com  |  GNU is Not UNIX  ¦     PGP-Key: 0x74572E8E
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