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