Guys, You can stop here if you're short on time, but this is the LATEST with the competition Authority (AKA The department of Enterprise trade and employment) re: the Microsoft Tax. Anyone who has time to offer some constructive advice would be really appreciated at this stage. All the best Mel _____________________________________________________________
Dear Mr McWeeney Thank you for your email. I have every confidence in the work of Vivienne Ryan, and look poorly on the allegations that you have made against her. I do not believe that your allegations are supported by any evidence you have
supplied to me. Your complaint was considered properly and fully. We do not believe that you have identified an infringement of the Act. As we have many other matters that we believe may be breaches of the Act to investigate, I do not propose to spend any more time this matter. Again, and as stated in my last email, I consider that this matter is closed. I reiterate that you enjoy a private right of action.
John Fingleton
John
To: John_Fingleton@entemp.ie cc: Mel McWeeney mmcweeney@oceanfree.net Subject: New beginning on the Microsoft Saga 04/17/2004 22:04
Dear Mr. Fingleton,
I am pleased to note that your office has finally appeared to have given some consideration to my complaint. Up until now, I've only had the frustration of Vivienne Ryan, who made it very clear from her first paragraph that she was having none of it. My best advice to you for now is to keep your files on this wide open, because what Microsoft are up to with
suppliers is abuse of the highest order, and would strike me as being much more worthy of the time of your office, than many 'high-profile strikes' attributed to the Competition Authority recently.
To take your correspondance in sequence, paragraph by paragraph, I don't know exactly the amount of time spent by your office on this, but you can exclude any spent by Ms. Ryan on it for a start, because this was the epitomy of dismissiveness from the word go. She wasted MY time too, and I've got plenty of other uses for my time. Notwithstanding that, I DO believe that prior to this latest mail, some consideration was given to the
points raised. After all, this IS "The Microsoft Tax" we're talking about, this is 'the Big one!'
Believe me, I AM empathetic to considerations such as those you make in your second paragraph, regarding the investment in time, and establishment of evidence of malpractice. I DO understand that you need clear evidence of such malpractice, but up until now, Ms. Ryan gave me no impression that consideration would be given to any such evidence produced, should I and others go to the rounds of accumulating same, but if I'm now to understand that this is the obstacle you foresee, I would have no problem in equipping
you in this regard. This brings me to another source of disappointment... you haven't given any indication that you would be interested in considering such evidence, once accumulated. With the benefit of what you've just read, maybe you'd reevaluate this position.
With regard to the recent EU actions, these operate on the assumption that all end-users work on a Microsoft operating system, and the action hinges on what additional Microsoft products should come pre-shipped with the system. What I'm stating is, that Microsoft Windows is NOT the only desktop system for personal computers, and those who elect NOT to use the Microsoft system, STILL have to pay Microsoft, because of deals agreed with
the supply chain. I reiterate, this runs counter to the "Refusal to supply" document on your website, in every respect. The customer is the loser, and let's face it, everyone uses computers these days, that's a LOT of losers!
I would consider this to be a REAL opportunity for the organs of state in Ireland to take a courageous stand in the interests of the ordinary proverbial "Man in the street" consumer. Rather than close your files, please tell me what the impediments are with regard to Court proceedings, and I'm sure I will be able to assemble whatever you need to progress this.
I still believe we can work together on this, and would be delighted if we can proceed from here on the basis that you have a function to perform, I believe I can assist you to perform it and you only need to tell me what you need.
I look forward to the START of the investigation into this. Best regards Mel McWeeney
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