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Re: European Commission on illegal forced sale of Microsoft OS with notebooks

  • Subject: Re: European Commission on illegal forced sale of Microsoft OS with notebooks
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Thu, 29 Jun 2006 02:56:09 +0100
  • Newsgroups: comp.os.linux.advocacy
  • Organization: schestowitz.com / MCC / Manchester University
  • References: <1151535890.710435.142000@m73g2000cwd.googlegroups.com>
  • Reply-to: newsgroups@xxxxxxxxxxxxxxx
  • User-agent: KNode/0.7.2
__/ [ dafyddabiago@xxxxxxxxx ] on Thursday 29 June 2006 00:04 \__

> Hi,
> Here's the first reply from the European Commission to my complaint
> about not being able to buy NOTEBOOKS (the reply only mentions PCs)
> without having to buy Windows.


Honestly, it does not seem as though your were highly successful. However,
more complaints like yours could get them to examine further. Moreover, when
the time comes to investigate antitrust violations, more fuel will be thrown
into the fire.


> I should get a more formal reply in around two weeks (concerning the
> official complaint against Belgium for failing to protect consumers
> from the 'illegal forced sale of Microsoft with notebooks').
> dafydd
> 
> ---
> 
> Dear Mr. Ferguson,
> 
> Thank you for your email dated I7 June 2006 to the Consumer Officer.
> This email relates to the possibility of purchasing PCs without a
> preinstalled Windows operating system.
> 
> The Commission is aware of the difficulties encountered by consumers to
> purchase PCs without an operating system on them or alternatively with
> another operating system than Windows.
> 
> As regards the possibility of purchasing a PC without an operating
> system, I understand that Microsoft's licensing agreements with PC
> manufacturers encourage (through the grant of rebates) the
> pre-installation of operating systems on PCs. However, this does not
> have to be a Microsoft operating system. The Commission is not aware of
> any obligation either contractual or financial, obliging the PC OEMs to
> sell their PCs with Windows operating systems in particular.
> 
> Furthermore, it appears that the choice of a PC vendor to offer PC with
> or without an OS is not so much influenced by the rebate offered by
> Microsoft than by the existence of effective consumer demand for PCs
> with operating systems. We suspect that the structure of the market and
> demand from consumers is the driving force behind the decision by PC
> vendors to offer Windows preinstalled on the majority of their
> computers. If this is 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.
> 
> That said we have not yet finalized our review of the market and are
> grateful that you took time to inform us of the problems you have
> encountered. Against this background, I would like to take this
> opportunity to inform you that the Commision intends to examine these
> questions in greater detail in the future.
> 
> Yours sincerely,
> 
> Angel TRADACETE COCERA
> 
> EUROPEAN COMMISSION
> DG Competition
> Director Directorate C: Information, Communication and Media
> B-1049 Brussels


The chicken-and-egg scenario is a factor here, too. Microsoft knows this and
it does everything it can to avoid exposure to alternative platforms. You
see, many customers indeed demand ("expect" rather) Windows, but it is
simply because they know of nothing else. The industry should be responsible
enough to diversify its offering, or at least offer duality, whose price
will not be higher.

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