Dell Belgium forced to install Windows only? 77
Geert Uytterhoeven
of the Linux m68k effort reports that Dell admitted it is forced to sell Windows in Belgium by an agreement with Microsoft.
Microsoft and Dell have denied this accusation. By not supplying an OS-free PC, Dell would be contravening EU law which prohibits product-tying.
Re:Is it just me (Score:1)
So, when my new Dell PC loads Windows, can I sue them for not providing a WORKING system?
Quite frankly, a BIOS screen and an attempt to load an OS is evidence that the thing is working.
Working is a relative term.
If I order a PC without an OS, then its quite likely that I know what I'm doing - its an opt-out choice, the default is Windows, which is fine, but if I want a blank system, why should the EU or anyone tell me I can't, esp. if I'm a University, who tend to be full of techie types who can do this sorta thing.
I wish people would take more interest in what the EU does (esp. in this country - UK)
Re:They're lucky... (Score:1)
For those Belgians that have the time: Go buy a Dell machine. Then try the windows refund approach. Oh, I have to return the entire thing? Ok, lets do that then! And do you happen to know where the IBM shop is located?
A heap of returned machines looks bad in their statistics, even more than machines that weren't sold. (Market share cannot be determined perfectly you know.) And then there is the trouble with machines that have been unpacked, the packaging doesn't look new, they must check to see that nothing is missing, there are fingerprints and so on.
Re:Wonder if you can get a Dell w/o a hard disk (Score:1)
Damn.... (Score:1)
Re:Boxed set Redhat? (Score:1)
Re:Seperate lines (Score:1)
This site just formats my comments as 1 really long comment with no seperate lines or paragraphs. THis ony began to happen to me this past month.
Just put the [P] tag in where you want a new paragraph, except with the less than/greater than signs instead of [] (I don't know how to get them to appear without being seen as a tag :-)).
dylan_-
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Re:Should we really be surprised by this behavior? (Score:1)
Re:Should we really be surprised by this behavior? (Score:1)
Customer buys hardware from vendor... he gets hardware support. Customer buys software, he gets software support. If I buy a Windows system from Dell and install some custom written apps, is Dell gonna support them? No. Same thing.
Re:Seperate lines (Score:2)
-- Give him Head? Be a Beacon?
Re:I'm shocked, simply shocked (Score:2)
If you don't like a story, you can always skip it. Rob doesn't put a gun to our heads to force us to read everything posted here, after all. Indeed, I doubt that it would be possible, even as a full-time job, to read everything on Slashdot now.
D
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petty nitpick (Score:1)
Re:Is it really a conditional sale? (Score:1)
If they are a general consumer product that is available separately, then separate companies cannot 'tie' their products together in exclusive agreements, as it is an anti-competitive practice, and bad for the consumer in the long run.
In the case ofa computer, yes, motherboards, modems, monitors, HD's, and chipsets are all available separately, but really, they are still not a consumer item. They are *starting* to be, but nothing prevents you from buying them separately.
In Dell's case, they have a PC. THey have had PC's for ages, but, even though there are several competing products out there, they insist on shipping windows.
Now.. honestly, I suspect that they can get away with this. Just as a HD is necessary to create a functioning system, so is an OS. ANd it is their choice of OS.
True product tying, I think, is saying 'You can buy product X, but only if you buy product Y at the same time, and vice-versa'. If they forced you to purchase windows and their PC at the same time, this would be illegal. If they combine into one product, this is not illegal.
Wasnt this law made to prevent ms (Score:1)
Re:Product Tying and the European Union (Score:1)
Re:They're lucky... (Score:1)
Dell: The software's free, so you're not losing anything by deleting it yourself.
Me: There's no way this software can be free. Dell had to pay for an OEM license for all this bundled software, and Dell must be passing their costs for it on to me.
Dell: Well sir, the software is free.
Try this response "OK, I'll take 10 copies"
See how free it stays then.
Re:Product Tying and the European Union (Score:2)
Re:Should we really be surprised by this behavior? (Score:2)
I suppose the software they use could run under windows, but I don't see any reason why.
Re:Should we really be surprised by this behavior? (Score:1)
Re:Is it just me (Score:1)
DOJ is like shit outside there, no one could care less. What is important, tho, is the fact that, in order to sell to public institutions (like a university), the manufacturer (DELL) has to provide a WORKING system.
What does WORKING means? That you have to pull it out of the box, attach to a power socket, flick the switch and *something* happens. This something could be a OS boot or a network connection to find a server, in any case, the system should be able to perform a grade of useful activity right out of the box.
This means that DELL cannot sell a PC without OS. They could be sued from here to hell if somebody wants to do that.
As for their decision to install Windows instead of Linux, that's exclusively their business choice, but they CANNOT sell PC without OS. It's against the law in the EU.
Re:I'm shocked, simply shocked (Score:1)
[1] American banana conglomerates got all upset because they were still 20% short of a monopoly in European markets, because EU buyers were favouring small family firms in ex-colonial countries over the large US-owned corporations. So they paid a lot of money to Bill Clinton, and Bill Clinton threatened sanctions on European goods, and the WTO decided that supporting a struggling market in a poor country was no excuse for refusing a lower-priced offer, and upheld the US corporations. Now the small banana farmers in the ex-colonial countries are going to go bust, and many of them will turn to growing cocaine just to survive.
[2] The EU refused to import hormone-treated beef, on the grounds that we don`t feed our cows hormones on safety grounds, so why should US hormones be any safer? (and after the BSE scare Europe is pretty paranoid about beef anyway). The US imposed sanctions (is this sounding familiar?) and the WTO decided in favour of the US.
Re:Is it just me (Score:1)
Why limit yourself to 10 (Score:1)
Re:Is it really a conditional sale? (Score:1)
Imagine you walk into an electronics store to buy a VCR. You find one and the rep says that the price comes to $600.
"WTF?!" you say.
Sales rep tells you that you must have a television to go with your VCR because it's pretty much useless without it. And not just any television, but one specific model. Be it Sorny or Magnetbox, you are forced to get one brand and perhaps only two different models of said brand.
"But I've already got a TV at home, and it's much better!" you claim.
"Ah," states the salesman, "but the TV is FREE with the VCR! You can always sell it or throw it away when you get home!"
Disgusted, the consumer goes to four other electronics stores and finds the same situation at their locations as well, with the same brand of TV.
What would consumers/government say to this? I'm sure they'd have a little more objection to it. Mind you, if almost nobody owned a TV to begin with, maybe it wouldn't be an issue then, would it? Well, with me it would be, because I like choice.
Re:I'm shocked, simply shocked (Score:1)
Except that no large department of the US government is currently litigating against US banana growers or hormone-using ranchers. If the EU goes after MS *now*, or after any kind of judgment against MS, I don't see how anyone could (rationally or, what is all too distinct, politically) attempt to impose sanctions on the EU for stopping MS from trying to enforce a monopoly outside of the US.
Re:no OS here! (Score:1)
That aside, it does not mean that purchasers of Dell workstations have any meaningful choice.
Re:Product Tying and the European Union (Score:1)
Before people start jumping all over the EU, there is a certain thing called "due process" which I believe applies as much to Europe as to the USA. There would have to be some kind of investigation preceding any legal action; if the courts are satisfied there is enough _legal_ evidence (some
Additionally, for the EU to do anything about it, they would have to be aware of it. I doubt very much all that many MEPs know all that much about computers at all, though they might be dimly aware of the Microsoft monopoly. Perhaps writing to your (corrupt, of course) MEP might increase awareness just a little bit?
"Cake or death!" (E. Izzard)
Boxed set Redhat? (Score:1)
Sure it might be a tiny bit more hassle, but if they're only offering to put RH on the machine, and not charge for a box it would be fairly simple just to get rid of Redhat and start again with another distribution. Aside from the principle issue (which, fair enough, is important) as long as they aren't charging for RH this shouldn't be a problem, should it?
Re:Product Tying and the European Union (Score:1)
Open Source is not about public approval or appealing to the masses. To date it has about been producing quality software available to everyone at no charge. The result of that goal has been software tools that in a good number of cases surpass what is available commercially. People trying to solve a problem have been able to leverage open source software to build powerful solutions to technical problems. The increase in "public" or maybe I should say corporate awareness of open source has been due to increasing recognition of the success in some sectors of the open source model in business.
Given that, saying that support for open source will evaporate because they pissed you off seems pretty foolish. But maybe I'm just too close minded to see the greater picture.
Re:Should we really be surprised by this behavior? (Score:1)
If Dell says its for 'technical' reasons then
their company consists of technical incompetents
that need to fired.
Possibly they want the option of bundling
winmodems/winprinters/etc...
What is difficult about leaving a hard drive
blank?? Say they needed windows for some unlikely
'technical' reason, couldn't they reformat the
hard drive before shipping????
It's not as if what they put on is likely to
be usable for testing the machine, since the
usual Windows preinstall is a part setup which
requires numbers and customer details to be
entered before it'll work.
Re:Should we really be surprised by this behavior? (Score:1)
There is a difference between supporting Hardware
and OS.
However many people, including those in the
business of supplying computers don't understand
this very well.
Customer buys hardware from vendor... he gets
hardware support. Customer buys software, he
gets software support
Currently there appears a "does it work with
Windows" kind of combined support.
Should this provoke outrage? (Score:1)
Hmmmmmm. I don't know that it should anymore. It's just Microsoft up to their old tricks again.
But something is different this time.
Linux is a *known* name and people who want it will ask for it, demand it, or take their money elsewhere.
I'd like to see Microsoft get pimp-slapped by the EU, of course, but I would be just as happy if Dell lost face and business by bowing to pressure and being the equivalent of Bill Gates lap dog.
Why, the solution is obvious. (Score:1)
Dell can just say that the Operating System is an "integral part" of the PC.
Or maybe Microsoft can say that the PC is an "integral part" of the Operating System.
Product Tying and the European Union (Score:1)
If EU is anything as it has been advertized, then it has to do something about the Dell/Microsoft deal where PC buyers in Belgium are forced to pay the "MicroSoft Tax" whether they like it or not.
It is another case of "taxation without representation", and if EU is anything remotely approach a form of government, representing the people of Europe (which, if I am not mistaken, includes the people living in Belgium), then as a government _truly_ representing the European interest, the Dell/MicroSoft "TAX" should be abolished, and the culprits -- in this case, Dell and MicroSoft -- should be punished, and not just a light slap on the wrist.
Let us see how the EU will respond.
If EU does not respond, or fail to take appropriate action, then EU is nothing but a HOAX.
The whole world is watching anxiously to see how a _people_ organization will fare against a BORG organization.
Is it really a conditional sale? (Score:1)
The author continuously quotes, "refusing to sell PCs without an OS is still conditional sales."
It seems to me, that the following would be an equally valid (or invalid, as it may be) statement: "refusing to sell PCs without a hard drive is still conditional sales."
In my humble opinion, any law that causes the second statement to be evaluated `true' is a bit.. strict (?).
I'm all for the notion of No-OS PCs, but I don't think this article does a great job of it's accusation of illegal practices.
Along these lines, shouldn't a manufacturer be able to sell whatever they want? Obviously, being forced into doing something a particular way by Microsoft is bad. Obviously, if they would sell computers with operating systems (or Linux pre-installed) or cars without demo tapes, that would be great. But to support a law that is as vague as the 'conditional sale' clause is purveyed to be is a bit ridiculous.
As I'm not familiar with the terms of this `conditional sale' law, this is mostly a guess based on an assumption, but I'm hoping to learn from the responses.
I'm shocked, simply shocked (Score:2)
Several large customers who were able to negotiate deliveries of non-M$ machines a year ago are no longer able to get machines without win98 pre-installed. Even customers with site licenses are once again being forced to pay the micro~1 tax on all new machines from Dell, Gateway, and others.
I doubt a couple of emails from a low level acount manager to a university in Belgium would be enough to get the commission moving on the issue. Micro~1 is now reaping the rewards from scaring off the investigators, by once again forcing all computer users to pay the tax. They can act with impunity for the next year or more inside of Europe until after the next round of elections.
I think
the AC
Dell is NOT forced to install Windows (Score:2)
So whatever it is, it's a decision by Dell to not preinstall Linux. Selling a bare computer would violate their contract with Microsoft, but selling with Linux installed would not. It's pretty weird or course. Illegal? I don't know.
Re:Dell is NOT forced to install Windows (Score:1)
Re:Product Tying and the European Union (Score:1)
Get real, man.
Product Tying _IS_ illegal under the European Union rules, and what DELL is doing is ILLEGAL, no matter how they want to plea their case.
DELL can NOT say they are FORCED to put MicroSoft Windows in every PC they sell, because DELL can put in Linux, or Solaris or FreeBSD or DR DOS or whatever they want in it, and if DELL continues to put MS-Windows and ONLY MS-Windows _AND_ charge their customers for the MS-Windows they (the customers) did not asked for, then DELL has VOLUNTORY run against the anti PRODUCT TYING laws of the European Union.
They're lucky... (Score:1)
Me: I'm looking at your web page here, and it says there's all this bundled Microsoft software like Windows and MS Works here. I won't be using Windows or MS Works on this, so can you take this off so I won't have to pay for it?
Dell: Well sir, that software is free with your computer, so removing it wouldn't change the price.
Me: They charge hundreds of dollars for this software if I were to buy it at a store - obviously someone had to pay for this software, and that all got worked into the price for my notebook. I don't want to pay for something I don't want.
Dell: The software's free, so you're not losing anything by deleting it yourself.
Me: There's no way this software can be free. Dell had to pay for an OEM license for all this bundled software, and Dell must be passing their costs for it on to me.
Dell: Well sir, the software is free.
Dell is also trying to nail people who try the windows refund approach, since they say if you want to return bundled software, their policy is that you have to return the entire system it came with.... all for a refund on a "free" product.
Should we really be surprised by this behavior??? (Score:1)
The fact that it is the same type of rumor for so long over again with so many different companies by itself gives it validity.
If Dell says its for 'technical' reasons then their company consists of technical incompetents that need to fired.
What is difficult about leaving a hard drive blank?? Say they needed windows for some unlikely 'technical' reason, couldn't they reformat the hard drive before shipping????
You know, it really is difficult to catch those people who make crop circles in England. I think that it is the same people who make crop circles at night that work for the Microsoft foreign office by day.
Also (Score:1)
No OS - vs - preinstalled Linux (Score:1)
Re:I'm shocked, simply shocked (Score:1)
So while this likely shouldn't amount to anything, it will probably make for some good press for some European politicians.
-George
meganopolies (Score:1)
what should be even more alarming to y'all, is the megasloth attempts to monotize the penguin. again, i have no problem with folks making money, but for a handful (chosen by who?), to profit excessively (with a capitalistic E), is way too much like the same old shit.
read (past tense) a couple quotes from VAlairy Allgutsteen this week. he says, and i quote: "who needs
next, he says: "there's only room enough in the market for 4-5 major linux distributions."
this is where y'all can torch me some more, butt i think this type of HYPEnosis is Krap. whois gonna be major? i'm guessing lairy is right up there. that only leaves room for who few?
sounds way too close to the flippers turning into claws syndrome to me. at least don't try to tell me it never happens. i KNOW better.
y'all need to pay close attention. makes what Mr. Stallman says, sound like A LOT of sense, again.
as i've stated before, we have A LOT of o-s/linux related web resources, and we're thinking there ought to be MANY major FREE distributions and/or, cheap PC sites.
letting the penguin be cornered, could prove disasterous to the majority, in the long haul. not to mention the potential for scandalizing the penguin's thus far high integrity rating. i'm guessing the penguin's got some long coattails, unless they're cropped by "business" interests.
go ahead, just shoot me.
Re:They're lucky... (Score:1)
The fact is that DELL has paid for the right to put windows on every system they ship. The details of that financial agreement are nobody elses business except Dell and Microsoft.
It's Dell's right to pay MS for every copy and not ship them. It's Dell's right to sell computers with nothing but OS/2 or BE on them if they so chose. To demand a refund because you dont' like the software they included isn't necessary, as they didn't force *you* to buy the software. You bought a DELL Personal Computer.
IF you don't like it, DONT BUY DELL!
Re:Is it just me (Score:1)
Not entirely true. Something similar could follow in the EU if the DoJ wins its case against Microsoft. I imagine a lot of companies are watching the case pretty closely.
> What is important, tho, is the fact that, in order to sell to public institutions (like a university), the manufacturer (DELL) has to provide a WORKING system. [snip] This means that DELL cannot sell a PC without OS. They could be sued from here to hell if somebody wants to do that.
I think you are mistaken. If they attempted to sell such a PC as a fully operational computer system, _then_ they would be in trouble. But there is nothing in European or any national law to prevent them selling PCs without OSes. Plenty of computer manufacturers can and do sell such machines every day in Europe.
"Cake or death!" (E. Izzard)
Re:No OS - vs - preinstalled Linux (Score:1)
Re:Product Tying and the European Union (Score:1)
the Open Source (netscape) in it..
Netscape is by no means the 'darling' of Open Source - there was a very underwhelming response to the release of the code.
Wonder if you can get a Dell w/o a hard disk (Score:1)
Re:Is it really a conditional sale? (Score:1)
Re:Should we really be surprised by this behavior? (Score:2)
To preinstall another OS would require them to port their testing program to the new OS, and they can't be sure that it's as effective as the original. The beuracracy will prevent anything ad-hoc from being used.
But my point is that there ARE technical reasons for it. (Not that I like it any better.. =)
Re:Is it really a conditional sale? (Score:1)