08.31.08
Microsoft’s OEM Lock-in on the Ropes
And yet, the McCreevy Monopolist might stand in the way of change
In light of developments in the Czech Republic, we wrote about this subject just a couple of days ago and it was also covered in other publications. Poland recently filed a complaint against Microsoft’s OEM tactics [1, 2], but now comes action not from the regulatory bodies but from Polish GNU/Linux users themselves. This action was a great success and while it’s very laborious to follow, it opens the floodgates to similar demands for a ‘Windows tax’ refund.
From the very beginning I’ve been informing the seller, that I won’t be using Windows, because it is Linux I work on. In return, I was told, that they cannot sell me the laptop without the Windows OS pre-installed.
[...]
Finally, it worked! The Trading Inspectors after over-the-phone mediation has convinced “Poltronics” that I’m right. The retailer has issued me a refund for 400 PLN (as I have mentioned in the documents - the actual price of Windows XP Professional at the time of purchasing the laptop.
[...]
Summarizing, I give you a few useful tips for these, who decide to return the Microsoft Windows for a refund:
* It is rather not useful to phone the manufacturer, the retailer or Microsoft - would cost you money and nerves - write emails rather.
* You might shoot a photo documentation of declining the license, but that is not required.
* The most important letters to the manufacturer or the retailer are best to be sent with Recorded Delivery, return receipt is recommended too.
* If the licensing sticker is made of paper, it could be damaged very quickly (I recommend to photocopy it and not keep the laptop on your knees in the mean time).
* If you’re asked to return the licensing sticker, do not rip it off yourself (it is protected) - let the retailer do it.
* The Office of Fair Trading and Consumer Protection isn’t going to help much.
* Have patience, more patience and lots of patience
Complaints of this nature have recently arrived also from Taiwan, China, and Hungary. The following portion of text is mind-boggling though:
“Two weeks ago Commissioner Kroes informed us that our issue falls within the responsibility of Commissioner McCreevy, who is responsible for Internal Market and Services.
McCreevy is no friend of the consumer. He is a friend of the American monopolies [1, 2, 3]. Why is he handling this and who assigned this complaint? Could someone have “stacked the deck”, to use Microsoft’s expression of such phenomena? █
Highlight: Novell was the first to acknowledge that Microsoft FUD tactics had substance. Novell then used anti-Linux FUD to market itself. 
Highlight: Xandros let Microsoft make patent claims and brag about (paid-for) OOXML support. 
Highlight: Linspire's CEO not only fell into Microsoft arms, but he also assisted the company's attack on GNU/Linux. 
Highlight: Microsoft craves pseudo (proprietary) standards and gets its way using proxies and influence which it buys. 
Highlight: The invasion into the open source world is intended to leave Linux companies neglected, due to financial incentives from Microsoft. 
Analysis: Xen, an open source hypervisor, possibly fell victim to Microsoft's aggressive (and stealthy) acquisition-by-proxy strategy.