____/ [H]omer on Sunday 28 October 2007 01:59 : \____
> Verily I say unto thee, that Roy Schestowitz spake thusly:
>
>> Here’s an idea… (for Linux Advocacy)
>>
>> ,----[ Quote ]
>> | Now, what you then do is have all the various Linux User Groups and
>> | advocacy groups that are dotted around the world go out to their
>> | local PC shops, talk to the managers, and try to get them to have
>> | at least ONE machine in their store running with this demonstration
>> | disk. Start campaigns to get Linux demonstrated in these shops!
>> | Even if it’s only running on a single PC or | laptop in the shop.
>> `----
>>
>> http://hackfud.net/2007/10/26/heres-an-idea/
>
> Nice idea, and may well be worth pursuing for independent system
> builders, but for retail chains that sell OEM systems it's a non-starter
> I'm afraid, since the machines come with Windows pre-installed, and that
> is part of the package deal. For e.g. PC World to arbitrarily wipe
> Windows off an OEM system and install something else, would be a breach
> of contract with the OEM (essentially changing the product as provided).
>
> Certainly retailers like PC World /should/ provide GNU/Linux system
> alternatives, but that will depend on them making a deal with an OEM
> that /provides/ such a system. Some bloke walking in to PC World and
> saying "couldn't you just wipe Windows off this PC, and install Linux
> instead" is likely to be escorted off the premises ... probably at
> gunpoint, judging from the general attitude at PC World. ;)
PC World sells electronics? I thought they only do burgers and French fries.
PC World Linux laptop warranty saga gets even more bizarre
,----[ Quote ]
| This is not an isolated incident by any means, reports are now popping up of
| other people turned away by PC World for hardware repairs due to a Linux
| installation. One even reports that PC World told him that Linux was 'alien
| software' and so the numerous dead pixels on the screen could not be repaired
| under warranty. Perhaps the Linux spaceship had landed on the display causing
| the damage? Makes about as much sense as PC World is at the moment…
`----
http://www.daniweb.com/blogs/entry1676.html
PC World refuse to repair hardware fault, AGAIN because of linux! argh
,----[ Quote ]
| So, after being told this rubbish I said well tell you what, I called
| expecting Head Office and I was told I am being put through to them, clearly
| you are not Head Office can you transfer me now please. He did't like that
| much obviously, he agreed and then...
|
| Hung up on me.
|
| Argh, so I go back into the store as I was in the car park making the call.
|
| Told Mr Tank that he told me more rubbish and he said that its a call centre,
| and he has no other contact number for them. He didn't try to call them, he
| didnt offer me any more help. So I said I would write in as I had no other
| choice and I left.
`----
http://www.dreamstate.eu/home/20070914.html
PC World refuse to repair hardware fault, because of Linux
,----[ Quote ]
| PC World refuse to repair hardware fault, because of LinuxToday I took my
| laptop to pc world because a crack has developed near the left hinge,
| this develops because the joint inside is failing and spreading to the
| casing.
|
| Laptop is only 4 or 5 months old and otherwise in good condition.
|
| It was agreed that infact there is indeed an issue with the hinge and that it
| will spread much further untill the display can no longer stay attached to
| the rest of the unit.
|
| Then I was told because I have Linux installed, I am not covered by my
| warranty.
`----
http://www.dreamstate.eu/?pcworld
Others are equally bizarre.
I've installed Linux, now give me my Windows refund
,----[ Quote ]
| Unfortunately, due to unfair licensing practices, Windows comes
| with most computers that are purchased and most people have to payf
| or Windows whether they like it or not, even if they are looking for
| a naked machine, ie one without an operating system installed. As
| you may well know that finding a naked notebook is difficult and
| can be expensive. Because of this several complaints have been put
| to the European Union asking them to investigate. This has been
| reported in the press (see
| http://seattlepi.nwsource.com/business/276088_msfteu01.html). This,
| as you may have heard, is referred to as the 'Microsoft Tax'.
`----
http://www.fedoraforum.org/forum/showthread.php?t=139627
ChangeLog: HP clarifies warranty under Linux
,----[ Quote ]
| HP is committed to supporting its customers and backs its PCs with a
| solid hardware warranty regardless of the operating system.
`----
http://enterprise.linux.com/article.pl?sid=07/03/30/199253&from=rss
ChangeLog: Run Linux, lose warranty
,----[ Quote ]
| When she called Compaq -- the unit comes with a one-year warranty
| on the hardware -- they asked what operating system she was running.
| When she told them Linux, they said, "Sorry, we do not honor our
| hardware warranty when you run Linux." In order to get warranty
| service, she was told, she would have to remove Linux and
| reinstall the original OS.
`----
http://enterprise.linux.com/article.pl?sid=07/03/23/1430204&from=rss
Vista is no hoot either...
Packard Bell: "Upgrade to Vista & lose your...
,----[ Quote ]
| I purchased a nice Vista laptop, it has the sticker "Windows Vista
| Capable" so I went ahead and put Vista on it, If it can support a
| superior OS then why not! id be stupid not to take advantage.
|
| The sticker Lies, i later found that its only stable to run the
| basic system (Controll panels and IE. thats about it)
|
| - Not capable to run on the computer, Multiple drivers missing,
| not very capable.
|
| - Not capable to have duel boot, because of modified spam filled
| ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
| Packard Bell customised OS using the "recovery", no cds
| or anything.
|
| - Not Capable to run the basic functions of Vista
|
| - IF YOU DO UPGRADE IT VOIDS YOUR WARENTY!!!
`----
http://www.vistaforums.com/Forum/Topic4458-41-1.aspx
There are some happy endings though.
Refund for me! PC World buckle to the pressure.
,----[ Quote ]
| I went back today and received a refund straight away with no messing at all.
`----
http://www.dreamstate.eu/home/20070924.html
Why does this happen? Let's explore...
Microsoft OEM LICENSE AGREEMENT
FOR MINIMUM COMMITMENT PAYMENTS
#2811-7060 dated march 1, 1997
with DELL COMPUTER CORPORATION
http://edge-op.org/iowa/www.iowaconsumercase.org/011607/2000/PX02663.pdf
LICENSE AGREEMENT
for
MICROSOFT APPLICATIONS PRODUCTS
Between
MICROSOFT CORPORATION
a Washington Corporation
and
COMPAQ COMPUTER CORPORATION
a Delaware Corporation
http://edge-op.org/iowa/www.iowaconsumercase.org/011607/2000/PX02679.pdf
page 22:
"The following provision~ shall apply to all Products listed in this
Exhibit C:
the above royalties require that COMPAQ distribute the Products
preinstalled on ALL (my emphasis) customer systems"
Also to see:
Dell's secret Linux fling
,----[ Quote ]
| Dell's love affair with Linux is a clandestine affair these days,
| conducted in secret, away from disapproving eyes. But now the pair
| have been spotted in China.
|
| When Michael Dell first saw the web-footed beauty, he fell head over
| heels. Six years ago Dell pledged a series of strategic investments
| in Linux companies, including Eazel and Red Hat. The romance
| attracted the disapproval of Microsoft however, and barely lasted
| weeks. Very quietly, Dell dumped the bird.
|
| It later emerged that Microsoft's OEM enforcer Joachim Kempin had
| promised Steve Ballmer that he'd be putting the screws on PCb
| uilders, or "hitting the OEMs harder" in his words.
`----
http://www.theregister.co.uk/2007/01/09/dell_linux_china/
Comes v. MS Antitrust Trial Begins in Iowa
,----[ Quote ]
| Here's part of what Allchin said about how to deal with the competitive
| threat from Novell then:
|
| "We need to slaughter Novell before they get stronger....If you're
| going to kill someone, there isn't much reason to get all worked up
| about it and angry. You just pull the trigger. Any discussions
| beforehand are a waste of time. We need to smile at Novell while
| we pull the trigger."
|
| [...]
|
| Conlin used a variety of computer-generated illustrations,
| including one that showed 15 icons, each representing what she
| said was an illegal action taken by Microsoft in pursuit of its
| bid to become and remain a monopoly. The icons had titles like
| "exclusionary contract," "technical sabotage," "buying out the
| ^^^^^^^^^^^^^^^^^^
| competitition"...
`----
Jury Hears Microsoft Competition Suit
,----[ Quote ]
| A judge on Friday told jurors they must accept as fact that a
| federal court found in 1999 that Microsoft holds a monopoly over
| computer operating systems and that it restricted computer
| manufacturers' ability to use competing systems.
|
| [...]
|
| She said she'll show that the company used its monopoly power
| to exclude competition and control prices and that it conspired with
| other companies to restrain trade, maintaining what she called a
| chokehold on software competitors and computer manufacturers.
|
| "It isn't illegal to be successful," Conlin said in opening
| remarks. "We applaud that. ... But you can't freeze out competitors
| and punish and retaliate against people who cooperate with
| competitors. Microsoft did all that and more."
|
| Conlin warned jurors that she would say some unflattering things
| about Microsoft and its billionaire founder Bill Gates, who
| serves as company chairman.
|
| [...]
|
| Conlin's first 3 1/2 hours of opening arguments delved deeply into
| computer industry history and how Microsoft fought off competitors
| attempting to design rival software.
`----
http://biz.yahoo.com/ap/061201/microsoft_trial.html?.v=1
Microsoft Shuts Down Linux 10 Years Ago Says Iowa Attorne
,----[ Quote ]
| Going back now to as early as 1998, Microsoft starts to realize that
| Linux might pose a possible threat, and Vinod Valloppillil, who is
| a program manager at Microsoft, is asked by Mr. Allchin, Jim Allchin,
| to analyze potential strategies for combatting open-source software,
| and specifically Linux.
| His memos are leaked to the press in April -- I beg your pardon --
| in October of 1998 and become known as the Halloween documents.
| And the evidence will be that Microsoft uses its influence in the
| OEM channel, the computer manufacture channel, to make sure that
| end users have a difficult time buying PCs with Linux preinstalled.
`----
http://www.linuxelectrons.com/News/RoundUp/Microsoft_Shuts_Down_Linux_10_Years_Ago_Says_Iowa_Attorney
Microsoft's Dirty OEM-Secret
,----[ Quote ]
| They are, in short the secret to Microsoft's success. And the word
| secret is to be taken quite literally: No OEM may talk about the
| contents of his contract, or he will lose his license, and (assumption)
| likely be sued for breach of contract as well.
`----
http://www.kuro5hin.org/story/2001/10/23/13219/110
Microsoft 'killed Dell Linux' - States
,----[ Quote ]
| The States' remedy hearing opened in DC yesterday, and States attorney
| Steven Kuney produced a devastating memo from Kempin, then in charge of
| Microsoft's OEM business, written after Judge Jackson had ordered his
| break-up of the company. Kempin raises the possibility of threatening
| Dell and other PC builders which promote Linux.
|
| "I'm thinking of hitting the OEMs harder than in the past with anti-Linux.
| ... they should do a delicate dance," Kempin wrote to Ballmer, in what is
| sure to be a memorable addition to the phrases ("knife the baby", "cut off
| the air supply") with which Microsoft enriched the English language in the
| first trial. Unlike those two, this is not contested.
|
| [...]
|
| Earlier memos described that it was "untenable" that a key Microsoft
| partner was promoting Linux. Kuney revealed that Dell disbanded its Linux
| business unit in early 2001. Dell quietly pulled Linux from its desktop PCs
| in the summer of 2001, IDG's Ashlee Vance discovered subsequently, six
| months after we heard Michael Dell declare his love of Linux on the desktop
| the previous winter.
|
| Compaq was also mentioned in other memos, with Microsoft taking the line
| that OEMs should "meet demand but not help create demand" for Linux.
`----
http://www.theregister.co.uk/2002/03/19/microsoft_killed_dell_linux_states/
Time for Anti-Trust 2.0?
,----[ Quote ]
| PC Manufacturer Acer is complaining that Microsoft has jacked up
| the price of Vista, and that the basic versions are so basic no one
| will ship them. Since the collapse of the Microsoft Anti-trust Case
| under the Bush Administration in 2001, manufacturers have no choice
| but to accede, adding hundreds of dollars to the cost of each PC.
| With Gates now proclaiming victory over European Regulators,
| Microsoft once again seems unstoppable. But Microsoft had drawn
| itself close to the Republican Party. With the Republicans now
| evicted from the House and Senate, is it time to look at the
| Microsoft Anti-trust Suit? Could Microsoft be compelled to
| lower its inflating Vista prices, or to open their tech or
| even supply funding to Linux-flavored Windows such as Wine?
`----
http://ask.slashdot.org/article.pl?sid=06/11/11/0918235&from=rss
<Quote>
Microsoft's Predatory Response to GNU/Linux
142. GNU/Linux is an "open source" operating system that runs on Intel-
compatible PCs. Microsoft has targeted the competing operating system
by pressuring Intel, as well as various major OEMs such as Dell and
Compaq, to boycott Linux. In late 2000, for instance, Microsoft
executive Joachim Kempin described his plan of retaliation and
coercion to shut down competition from Linux: "I am thinking of
hitting the OEM harder than in the past with anti- Linux actions" and
will "further try to restrict source code deliveries where possible
and be less gracious when interpreting agreements - again without
being obvious about it," continuing "this will be a delicate dance."
143. LindowsOS (now known as Linspire), which is developed and
marketed by Lindows.com, Inc., is an Intel-compatible PC operating
system based on Linux and which competes directly with Microsoft on
the. PC desktop. On information and belief, Microsoft interfered with
Lindows.com, Inc.'s ability to distribute its product through the OEM
channel. Microsoft also initiated a lawsuit against Lindows.com, Inc.
that adversely affected Lindows.com, Inc.'s ability to exist, obtain;
funding and conduct business. Mierosoft's Antieompetltive Agreements
With OEMs To Foreclose Competition 144. Microsoft Chairman and former
CEO, Bill Gates, reportedly summarized the effects of the DOJ's 1995
consent decree--which banned "per processor" licenses, among other
47Page 48 exclusionary licensing termsmas "nothing." Microsoft was
able to devise other restrictive OEM agreements to foreclose
competition in th¢Õ 145. A "per system" license was the practical
equivalent of the "per processor" license. Under the "per system"
license, the OEM had to pay royalties to Microsoft for every computer
of a particular "model" or "system" that it shipped--again, as with
the "per processor" contracts, regardless of whether the PC contained
Microsoft's operating system. Microsoft defined "system" and "model"
so broadly in its contracts that virtually all of an OEM's production
was subject to Microsoft's "double tax" if the OEM wanted to give the
consumer a choice of operating systems. Microsoft did not agree to
give up its "per system" licenses in the 1995 consent decree, even
though the Department of Justice warned the federal district court
that "per system licenses, if not properly fencet in, could be used by
Microsoft to accomplish anticompetitive ends similar to 'per
processor' licenses"--and in fact were. 146. Another way that
Microsoft found to circumvent the federal court's 1995 injunction
forbidding its use of "minimum commitment/per processor" licenses was
what Microsoft calls its "Market Development Agreements" ("MDAs").
Microsoft contrived the MDA as a device to evade the Court's decree
prohibiting Microsoft from requiring OEMs to adhere to "minimum
commitments." As Steve Ballmer (Microsoft's current CEO) acknowledged:
"We have always given better prices to customers who work with us to
make the market. Those used to take the form of commits [i.e., minimum
commitments] which we do not do anymore as a result of the [federal
court's] decree but we still believe in rewarding people who help us
create demand. Hence the iMDA." Under the MDAs, Microsoft granted
large discriminatory price concessions to those OEMs that would agree
to market and promote Microsofl's Windows to the exclusion of any
rival operating system. These discounts were
48Page 49 calibrated so as to force the OEM to sell most of its
computers with a Microsoft operating system in order to obtain the
lowest price. 147. Because the OEM market is so competitive and profit
margins are so thin, every OEM had to get the lowest price it
could :from Microsoft in order to survive. In March 2002, a Gateway
marketing executive (Anthony Fama) testified before Judge Kollar-
Kotelly in State of New York et al. v. Microsoft, Case No. 98-1233
(CKK), about how Microsoft used its MDA program in order to force OEMs
to market Microsot's operating system exclusively: "Given the
substantial nature of these discounts, participation in the MDA, as a
practical matter, is not optional. In other words, not
receiving :these discounts would put Gateway at a substantial
competitive disadvantage, and Gateway has communicated that self-
evident proposition to Microsoft." Microsoft also used its MDAs to
lock OEMs in and competitors out by offering a discriminatory price to
the OEM in a later year provided (a) the OEM reached Microsoft's
imposed goal of Windows sales over competitive sales in the prior year
and (b) renewed its exclusionary contract with Microsoft for ,the
later year. This placed the OEM on a perpetual treadmill, eliminating
competition indefinitely. Microsoft continued these exclusionary terms
at least past April 2002. 148. One method for encouraging competition
in the operating systems market would have been the sale by OEMs of
"naked machines" (i.e., computers that are sold without a
predetermined suite of software forced upon the consumer). "Naked
machines" would allow consumers to choose their computer's software
configuration from an array of competitive software products, either
for preinstallation by the OEM or installation by the end user.
Microsoft sought and obtained the agreement of the OEMs to refrain
from selling "naked machines." Instead, OEMs universally agree to
"bundle" Microsoft applications and operating 49Page 50
systems with their computer hardware, effectively depriving consumers
of any competitive choices. These restrictive agreements exited before
2000 but, in 2000, Microsoft ratcheted the restriction up so that OEMs
are forced to forfeit all discounts otherwise earned if they ship any
"naked machines" to consumers. This heightened restriction, which (on
information and belief) continues to the present, prohibits PC users
and PC retailers from buying and installing lower priced or better
quality operating systems of their choice.
</Quote>
http://72.14.205.104/search?q=cache:W24_MZ4ufQYJ:edge-op.org/iowa/iowaconsumercase.org/assets/attachments/Petition.pdf
--
~~ Best of wishes
Roy S. Schestowitz | Useless fact: Sharks are immune to cancer
http://Schestowitz.com | Free as in Free Beer | PGP-Key: 0x74572E8E
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