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Re: Forced sale of Microsoft OS with notebooks in the EU

  • Subject: Re: Forced sale of Microsoft OS with notebooks in the EU
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Mon, 19 Jun 2006 11:22:23 +0100
  • Newsgroups: comp.os.linux.advocacy
  • Organization: schestowitz.com / MCC / Manchester University
  • References: <1150706330.657137.226340@r2g2000cwb.googlegroups.com> <1150709434.50407.0@demeter.uk.clara.net>
  • Reply-to: newsgroups@xxxxxxxxxxxxxxx
  • User-agent: KNode/0.7.2
__/ [ BearItAll ] on Monday 19 June 2006 10:30 \__

> dafyddapfergus@xxxxxxxxx wrote:
> 
>> hi,
>> here's a formal complaint i made about not being able to buy a notebook
>> (in Belgium) without buying Windows. I use Suse and Ubuntu, so am being
>> forced to buy something I do not need.


Same situation here. Ubuntu and SuSE(SUSE). The two Dell machines were
purchased with a Windows licence, which is not being used. The third machine
was purchased with SUSE, but it is not a laptop.


>> I don't know of anybody who has received their Windows Refund in
>> Belgium (apparently someone once did from Dell in France, but they then
>> changed company policy).
>> David


That would be very exceptional. I believe that I heard read about it
somewhere, but most people will never bother. It also requires the customer
to become very political over an amount of money that does not justify the
amount of time invested/wasted.

The question should not be: would/should anyone who loves Linux be forced to
purchase Windows? I believe it is worth (re-)posing the question: is the
general public getting exposed to other operating systems and is permitted
to have a choice? In this case, the customer would benefit from a more
reliability, stabile, versatile, and inexpensive O/S. Then, of course, comes
the concern that the public is led into a circular trap. It pays a company
that in turn pays for another company to offer no choice. it's a deadlock
and an anti-competitive way of conduct. The Bush administration can turn a
blind eye (it has done worse things already), but why should globalised
companies embrace the same tricks overseas? And why should the customer be
silenced, owing to exposure (or lack thereof) to alternatives?

 
>> Dear Secretary General,
>> Dear Ms Day,
>> 
>> I am writing to make a formal complaint concerning the forced sale of
>> Microsoft OS with notebooks in Belgium and other EU countries, and more
>> specifically the failure of Belgian authorities to prevent the
>> distortion of the market for notebook laptop computers.
>> 
>> All major notebook computer suppliers in Belgium, perhaps representing
>> almost 99% of the retail notebook market, offer no option other than to
>> pay for a pre-installed version of Windows. Such companies include
>> Dell, Packard Bell, Photo Hall, MediaMarkt, HP, Sony, Toshiba, Acer,
>> Fujitsu Siemens, and Lenovo.
>> 
>> The forced pre-installing of and payment for Microsoft operating
>> systems on notebooks in Belgium has engendered a distorted market. The
>> companies involved maintain confidential pricing policies as to
>> manufacturer-paid charges for the Windows operating systems. However,
>> there are indications that this could lead to excess charges of EUR 100
>> for unit purchased by an end consumer.
>> 
>> As a user of an alternative operating system based upon a GNU General
>> Public License, as do some 5 percent of notebook users, I myself now
>> face being charged for a product I do not and will not need.
>> 
>> Although the End User License Agreement (EULA) for the Microsoft
>> Windows XP Professional and Microsoft Windows XP Home Edition refers in
>> vague terms to the possibility of a refund in the event of not
>> installing and not agreeing with the EULA terms, notebook providers in
>> Belgium refuse to offer such refunds and do not have known procedures
>> for so doing.
>> 
>> As a normal customer buying a single notebook, it is not possible in
>> any way to configure purchase options so as NOT to pay for a Windows
>> operating system at any of the following retailers:  Dell, Packard
>> Bell, Photo Hall, MediaMarkt, HP, Sony, Toshiba, Acer, Fujitsu Siemens,
>> and Lenovo.
>> 
>> I therefore request that the Commission make a formal investigation
>> into the distortion of notebook computer market in Belgium and
>> elsewhere as well as to force local authorities to ensure that
>> consumers have the right to choose whether or not to buy a Windows
>> operating system when purchasing a notebook in Belgium and elsewhere
>> within the EU.
>> 
>> Yours sincerely,
>> 
>> ----
>> David Ferguson
>> E-mail: david@xxxxxxxxx
> 
> 
> There had been mentioned somewhere that Dell were offering Linux on their
> home machines now. But I just looked on their site and couldn't find it,
> but also they don't offer a no-os option.


Dell is still too shy to offer Linux in prominent pages; Dell only offers
Linux on desktops and servers; The Inquirer had a blurb about Dell laptops
with Mandriva, in France. Nothint has yet been confirmed, nor done.

The no O/S option (Free DOS?), much like the Linux option, is not cheaper. In
fact, there was an outrage in Slashdot once it had been revealed that a
machine with no O/S was more expensive than that which had Windows
pre-installed.


> HP do offer Linux on their workstation machines, the prices compare well
> with general desktop PCs, remember that workstations are usually server
> class hardware so you get a machine that is likely to last a lot longer
> than a standard PC, you must take carefull note of how expandable the
> workstation is, and as these tend to advance with servers rather than
> standard PCs, you are likely to be in advance in terms of busses and
> internal connections, so not all off the shelf internal peripherals can be
> fitted into all work stations. I couldn't see Linux offered on their home
> computer or laptop ranges. They do offer laptops loaded with Suse, I can
> find it mentioned on forums, but I couldn't see it mentioned on HP's web
> site. Again there wasn't an option to select no-os either.


HP sells Linux in south America and it stocks a Ubuntu (maybe still Linspire)
laptops in South Africa. I am not too sure about France. These folks are
still reluctant to offer it globally. I can find a link to an interview
where all of this is mentioned. Here's what I have on HP and Linux:

http://www.linuxinsider.com/story/b7hsCMALGZ2L15/HPs-Switzerland-Strategy-Playing-in-Unix-Linux-and-Windows-Markets.xhtml
http://opensource.sys-con.com/read/237070.htm
http://opensource.sys-con.com/read/237089_2.htm


The first among the three is by far the most relevant.


> Offering machines with no operating system would be the better way for them
> to go if they are worried about supporting Linux. Lets face it, some users
> would buy a Linux machine because it is cheaper with no other thought going
> into it, then be ringing the HP help desk saying "it doesn't look like my
> computer at work and can't get my Sims2 to load, by the way I didn't get my
> free garden gnome as mentioned on the box".


Good analogy actually. I suppose that in order to have a free O/S (such as
GNU/Linux) installed on all machines by default ("as standard") would take
some industrial initiative. Many OEM's are unwilling to embrace on O/S that
will cut their profits. it's almost as though they actually want to _screw_
the client('s pocket).

How Linux can compete with Windows Vista

,----[ Quote ]
| A friend who packages GNU/Linux for commercial sale says the constant need
| to sell more powerful hardware is a big reason why desktop and laptop
| vendors love Windows and aren't keen on Linux. (Server rooms, where
| efficiency counts, are obviously a whole different ball game.) But there
| is hope for Linux. Our friend believes the new Xgl 3-D Linux desktop
| will make Linux need just as much hardware updating as Windows Vista.
| 
| [...]
`----

http://os.newsforge.com/article.pl?sid=06/05/25/1542211&from=rss


> But, there are more and more independants that offer laptops and desk tops
> preloaded with Linux, which I have no doubt you already found when looking
> into this. A nice site where these can be configured to your taste, with a
> choice of Linux distro's is http://www.shopcubed.com I mention that one
> because a lad I know from a forum I visit got a machine from there and was
> very happy with it, their prices compare very well with equivelent machines
> with XP on them.


There are more machines that are bound to have Linux pre-installed. This will
help Linux penetrate the market. Apart from mobile devices you have the
PlayStation 3, the new Palm OS (ACCESS/PalmSource Linux), Nokia's Maemo, the
OLPC ($100 laptop), among more (the new mobile platforms in particular).
When it's there before people's eyes, they will demand it. And the vendor
will supply to address demand.

Best wishes,

Roy

-- 
Roy S. Schestowitz      | Useful fact: close elevator button = Express Mode
http://Schestowitz.com  |  SuSE GNU/Linux   ¦     PGP-Key: 0x74572E8E
 11:00am  up 52 days 16:14,  13 users,  load average: 3.21, 2.85, 2.23
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