Hi all,

I am in contact with Peter since a while because of the Windows Tax.
Can you help him to find a good lawyer in Sweden to try to get a refund
for the Microsoft Windows Tax?

* Peter <peter@lohmanders.se> [2012-09-03 10:41:39 +0200]:

> Hey there, Matthias!
>
> I have all but given up. I have contacted HP, Dell, ASUS, Gigabyte, Clevo
> and Intel and requested information on how to buy their hardware without
> preinstalled software. I asked about their laptops, tablets and cellphones.
> Here is what I found:
>
> - HP could not care less.
> - Dell offers low-budget, older computers with FreeDOS. Furthermore, Dell US
>   has been prohibited by Dell Sweden to export their Ubuntu-series laptops.
>   I asked a Dell Sweden representative on the phone "Is it because Microsoft
>   sponsors you?", he replied "I cannot answer that, but it sounds a
>   reasonable assumption".
> - ASUS would maybe be willing to sell clean slate hardware if the quantity
>   was high enough, but this would only be for the laptops. They promptly
>   refuse to sell tablets or cellphones without preinstalled systems.
> - Gigabyte recommended I buy hardware with Android since they don't charge
>   extra for it. Regarding laptops, they simply refused.
> - Clevo has resellers that offer the hardware without software.
>   Unfortunately, Clevo's power management functions is incompatible with
>   ACPI and the current Linux and BSD-drivers. I asked them for the specs to
>   write my own PM-module several times, they have not replied.
> - Intel replied saying they only sell laptop hardware to really big vendors
>   and their mobile platform is currently licensed to specific vendors.
>
> It should be stated that HP, Dell, ASUS and Gigabyte are ALL sponsored by
> Microsoft. Their websites clearly state they recommend Microsoft Windows 7,
> Microsoft Internet Explorer 9 and Microsoft Office as additional software.
>
> It is also painfully obvious, that on a $400 laptop with Microsoft Windows 7
> and Microsoft Office preinstalled, the kickback rate is almost 1/4 the
> entire sale. I understand these companies from a business perspective, they
> make peanuts on the hardware margins, but can make a killing selling
> licenses.
>
> Another obvious thing is the situation: Microsoft has bought out every
> hardware vendor making it impossible for competing OS UNLESS they have the
> million dollar budget to sway the vendors to your favour. Money talks,
> bullshit walks.
>
> How this isn't a clear case antitrust or unfair business practices is beyond
> me. Allright, antitrust is a bit tricky, but what Microsoft is currently
> doing is almost exactly what the EU directives describe and prohibit.
>
> It could be said, about laptops, that you can always buy Apple or Clevo (who
> do offer OEM-free hardware). That is, there is viable competition to the
> Microsoft-funded vendors.
> However, when it comes to tablets and cellphones (i.e the ARM architecture,
> basically) there is a CLEAR case of unfair business practices. How is this
> acceptable?
>
> Regarding FSFE's Windows Tax Refund, it is not enough. We need a clear,
> legal ruling that prohibits vendors from adding non-free software. Not sure
> exactly how to stipulate this...
>
> Another issue is the fact that vendors can say "well, just return the
> computer and you'll be refunded" giving the customer the choice "our way or
> the highway". Again, it seems to be a case of unfair business practices.
>
> With a legal ruling the hw vendors are either forced to refund ONLY the
> software or (hopefully) be legally obliged to officially offer their
> hardware without bundled software.
>
> Phew. Long mail. :)
>
> Have a good one guys, I'm having problems finding lawyers in Sweden that
> actually know anything about this, so I'm guesstimating this might take
> longer than I anticipated/hoped.
>
> Best regards, Peter

Regards,
Matthias

--
Matthias Kirschner - FSFE - Fellowship Coordinator, German Coordinator
FSFE, Linienstr. 141, 10115 Berlin, t +49-30-27595290 +49-1577-1780003
Weblog (blogs.fsfe.org/mk) - Contact (fsfe.org/about/kirschner)
Support FSFE! http://fsfe.org/support/?mk
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