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MS Pressuring NW Schools: Pay Up, Or Face Audit
razvedchik writes: "As reported in this article in the Portland, OR newspaper, The Oregonian, Microsoft is pressuring 24 school districts in the northwest to agree to their Microsoft School Agreement licensing scheme or undergo an audit in 60 days. Multnomah ESD, which covers the greater Portland area and has around 25,000 computers, has to either decide to accept the license at about $500,000 or undergo the audit which it does not have time to prepare for. Of significant interest is the fact that a significant majority of these schools are experimenting with using Linux. Multnomah ESD has its own thin-client Linux distro called K12LTSP."
This would be a perfect time for some large linux distribution company, or a consulting company to step in and donate time to help them migrate entirely to Linux. It would have to be a disruptive migration because of the audit in 60 days threat but they could do it.
You would think with such a large focus on MS right now they'd not pull this kind of crap especially in a tight economy and a region full of protestors. Should be interesting to see how this develops.
As a rock-in-roll Physicist once said, No matter where you go, there you are.
It's about fear and control, nothing else. It's funny, and a little scary to watch them scrambling like this: it can only help the competition.
Not just schools, it's a form of retaliation against the .gov by microsoft, in response to the recent trials.
.gov M$ you owe us $15million
A friend of mine works for an arm of the VA (Veterans Affairs) According to this friend, the VA is being systematically searched by M$ for license compliance, so far with grim results. Supposidly the VA is about 20million out of compliance with M$ products. It doesn't just stop at M$ stuff though.
While M$ is doing their "sweeps" they will make it their business to report any competitors product being out of license as well. This includes everything from an over the limit shareware version of winzip, to "borrowed" installed copies of quicken, and the like.
It's pretty clear what is going on. The states that have fined M$ are owed money, but all M$ has to do is prove they are out of license compliance.
M$ We pay up when you pay us for our software
It's a pretty smart tactic on M$'s part when you think about it. It's not like M$ hasn't known for years everyone pirates their software to hell. It's just kinda funny how they use it as a trump card to save their ass.
Whatever happened to the concept of 'Innocent until proven guilty'?
It has slowly mutated:
1) Innocent until proven guilty
2) Guilty until proven innocent
3) Guilty, period.
4) Guilty, and suggesting there may be such a thing as "innocence" is a crime too.
5) CBDTPA
So what the combo of less property tax and more gambling has done is shift the tax burden for schools from business to individuals, and disproportionately to poorer individuals, who tend to gamble more (this is not a value judgement, just a fact).
Also, Portland currently has the highest unemployment in the nation - about 9.5% last I checked. Furthermore, our Superintendent or Schools
I hope that helps put this quote from the article in context: The trouble is, if 60 days isn't enough time to audit 25,000 machines it sure as hell isn't enough time to convert them to Linux. It boggles my mind that Microsoft is going so far out of its way to piss people off. [Insert ob. Princess Cinnamon-Bun quote here]
This isn't as much "normalization" as it is "don't take so many drugs when you're designing tables."
The comment in the article about generic software is a clever observation. After all, we have generic drugs, generic foods, off-brand clothing lines. Each of these is most likely a lucrative market for the companies that don't command name brand recognition. A significant portion of the population of the world can't reasonably afford the top o' the line products.
:^)
So it seems that generic software, which does almost everything that name brand software does, should be a natural part of the computing world. Yet, where are those generic word processors and spreadsheets and even operating systems? Why is 95% of the desktop market, including these important applications, controlled by one company with nearly impenetrable barriers to entry?
And does this news article point to an example of that very company moving to stamp out a potential insurgence of that generic software? Would we stand for Del Monte moving to shut off the supply of generic branded vegetables on store shelves, especially when someone pointed out that many families couldn't afford the more expensive brand? Why should we stand for Microsoft bringing in jack-booted thugs against schools that have budget shortages?
Yeah, that's inflammatory language. So what?
Curmudgeon Gamer: Not happy
The best way to help out in Portland is the following links:
K12LTSP Project with some associated links and contact information.
Portland LUG, who have been talking about this on their listserv.
I do what the voices on my console tell me to do.
Out of work sysadmin from san jose willing to donate time for the following.
Airfare to and from
Place to sleep
Food
In exchange for this, I will help convert and train users, teachers, and students linux. Send inquiries to toqernospam@pacbellnospam.netnospam (remove nospam)
2. Most Schools purchase their MS software through Volume License agreements which have a clause stating that periodic audits are a term of the agreement.
3. The Oregonian article stated that if schools choose to have MS conduct the audit, they need to pay MS's costs if just one computer is found out of compliance. I believe the actual clause states that they need to be more than 5% out of copliance district wide.
Having stated this, I am an employee at one of these districts and the amount of work is staggering. I thought I was going to be the only Anti-MS zealot to see what a heavy handed tactic this is, so I am pleasantly surprised that many others see it and feel the same way.
FYI...I have posted Anonymously since my e-mail makes it easy to see who I am and which district I work for, and many here don't feel that getting rid of MS software is a good idea.
Keep passing the opem windows...
> At the busiest time of the year for those
> districts, Microsoft is demanding that they
> conduct an internal software audit to "certify
> licensing compliance." In a March letter, the
> software giant gave Portland Public Schools
> 60 days to inventory its 25,000 computers.
To me, this sounds like Microsoft is threatening to have its goons "audit" the school at a time when the school probably can't afford the staff to do the audit.
> Ah, but wait. Microsoft has an offer it thinks
> you can't refuse, if only to avoid the audit: the
> vaunted Microsoft School Agreement. Under
> the terms of this agreement, a school or
> district simply counts its computers and
> pays Microsoft somewhere in the
> neighborhood of $42 per machine for one
> systemwide annual license.
If the school can't afford the audit, they can pay Microsoft a yearly tribute to not audit them, but they lose access to the software once they stop paying. And they have to pay for even non-Microsoft computers, like iMacs.
> The school districts are considered guilty of
> software piracy until they can prove they're in
> licensing compliance. If the district can't
> drum up the staff to manage the inventory,
> Microsoft is willing to show up with its own
> audit crew, but if a single computer is found
> with illegal or undocumented software, the
> district must pay for the audit.
I wouldn't be surprised if once they get schools into this subscription idea, eventually the annual tribute for Microsoft software for Apple computers will be higher than that of Windows-based computers.
Man, someone should stop them before they become a monopoly!
Insert simplistic political, ideological, or personal proselytization here.
For good or bad, most of these GUI environments are pretty much the same, as is the common software which runs in them. Click on the picture of a printer to print, click on the character in italic to change the font to italic, etc. It's not very difficult to made the adjustment, in my opinion. Figuring out which option is on what menu can be a pain, but that's what Help is for, no?
Besides, if other schools are like the ones local here, all they're teaching is basic stuff that most kids could figure out in an hour or so if the needed to: word processing, spreadsheet basics, etc. Kids come into schools knowing how to use a mouse and keyboard and even if they don't it takes less than a day to teach them. I don't see a real threat to their 'competitive advantage' if they go to a school using Macs or Linux boxes in place of Windows.
The more I keep dealing with computers, the more it resembles a bad redneck romance: constantly flipping between "I love you so much!" and "Baby, why you gotta make me hit you?"
The article cites 25,000 users and MS is offering the software for $500,000
That is $20 a copy. Deal with it or switch to linux. Yup, those horrible horrible businessmen
I guess you missed the part where they said this is an ANUAL FEE.. Every year the school will have to cough up half a mill to MS for licensing fees.. This is for PC's they already have lifetime licenses for but they don't have the time or resources to prove it.. Just having the fancy little scrap of paper isn't good enough either.. They want invoices to prove it was payed for too.
If you think it's expensive to hire a professional to do the job, wait until you hire an amateur. --Red Adair
I just emailed the author of the article and I'm going to try to get in touch with the heads of the information department at the districts in Portland and Beaverton. I'm willing to donate my time and expertise to help them migrate systems where possible.
If anyone else in the Portland metro area is interested, send email to linux-school[at]zerog.net
It would be great to be able to line up a team of people to do migrations / training / auditing. I think there are few reasons why the district couldn't switch a majority of their machines over, leaving only the Windows machines that they absolutely require.
If nothing else, you have the opportunity to possibly reduce your tax burden, both as a resident, and as a deduction for your time.
HAHAHAHA, thats funny.
Just go to your local school district, and say "Hi, would you like me to install linux on all your computers, for free?"
They will not want you to. Almost every compsci teacher in a highschool is either
a. convinced there is nothing but microsoft
b. anything but microsoft/apple is illegal
c. Linux is evil
d. Linux is hard
Trust me, I've tried. I brought up linux with the computer teacher at my school, and he said "is that that OS those freakin long haired geeks out in Colorado came up with?!"
I finally did get a full lab setup this year, cause I'm now the tech dude, but no one wants to use it. I made it extremly simple, huge netscape icon, and all they use it for is web surfing. From what I hear it is that the teachers are just to unfamiliar with it.
And don't even think about trying to reteach a teacher. Everyone I've ever tried to teach something to just stares blankly at me like "I didn't become a teacher to learn more shit, go the fuck away!" and either they ignore you, they forget, and the rare few that likes it do come along, but its rare.
When you install a (note that, "a") copy of any MS product then you are explicitly giving them the right to audit you.
Yes, but does Microsoft have any proof that you've accepted any EULA terms?
If no, then make them get a search warrant to prove the existence of any microsoft products, and then they can enforce the "right to audit" provision of the EULA. And make them list specifically which machines they're going to check. And, once they've finally gotten their filthy little hands inside, refuse access to any machines that you know don't contain MS software.
In short, deny even having any MS software in the first place. If you don't have any software, they've got no right to come in.
Of course, school systems have even less cash than ubergeeks, so there's no chance in the world that any of these systems will force the issue, especially not in court. *sigh*
Maybe they could get Scott McNealy to pay their legal fees, to force the issue in front of a judge....
This is going to be a total rant, but here goes.
This time they have gone too far. I live here in Oregon and have three kids in public schools. I work for a state agency which, like many other state agencies in Oregon is undergoing significant budget cuts.
Portland is a bit of a drive for me, but I am seriously thinking about taking some time off and volunteering to go up there and help them audit machines, wipe hard drives, and install Linux clients or whatever they need. In fact, anyone else who wants to do the same could join me in emailing them here or maybe the help desk here.
Put your money/time where your mouth is.
Great thought and I know of one such school that can use help. In Winter Haven, Florida a school is being built - all by volunteers. It is a 30,000 sq. ft. facility that has been under construction for three years. They hope to have it open for school in Fall '02.
Here is where we (you?) can help. They have cat5 pulled throughout the building, but none of it is punched down or connected to anything because they have no equipment yet. They need PC's, servers, punchdown racks, switches, and people to donate their time if they happen to be in the central Florida area.
If you have stuff or time to donate, please call Jim Durham at 863-299-1189 - he is the one leading the project.
And thanks.
If this isn't blackmail and anti-competitive, I don't know what is.
>Whatever happened to the concept of 'Innocent until proven guilty'?
It never applied to civil matters.
"Preponderance of Evidence" is the doctrine at
work in a civil case.
All you have to do to win a civil case is to persuade
a judge and/or jury that the facts are more probably
one way than the other.
Burden of proof beyond a shadow of a doubt, and
"presumption of Innocence" only apply to criminal
cases.
-fb Everything not expressly forbidden is now mandatory.
Okay, at the risk of sounding pedantic, go back and read the article.
Microsoft has essentially said, "J'accuse. You have unlicensed software. Either audit all your 25,000 PCs in the next sixty days (by the way, that's about 17 computers an hour, 24 hours a day, 7 days a week, for 60 days), or have us do it. If we do it, and find one - count 'em, one - computer out of compliance, you pay for the software you owe, plus the cost of the audit."
Let's say, just for the sake of argument, that they're fully in compliance with the licenses, with the exception of one PC some shmuck donated to them last week. Doing the audit is an impossibility for them. If Microsoft does it and finds the one PC, they pay (through the nose) for the audit.
Plus, it's not like Microsoft had specific reason to believe that these guys were out of compliance: the "random" audit, according to the article, targets "the nine largest school districts in Oregon and the 15 largest in Washington."
If a cop busts down your neighbor's door, you don't say "serves him right for stealing people's stuff," until they demonstrate that, you know, the neighbor actually stole something. Don't do it here.
Microsoft's School Agreement 3.0 (Word doc of course)
iteresting bit is that you must pay for all eligible machines, if they run microsoft software or not:
"School Agreement requires an institution-wide commitment. To that end, you must include all of the eligible PCs in the participating school(s) or district. Eligible PCs include all of the Pentium machines, Power Macs, iMacs or better. You must also include any number of 486 machines or below and any Apple, UNIX, or Windows Terminals on which any of the software will be run."
So if you sign up, then move to something else, you still gotta pay.
Not sure if you pay per package installed (i.e. do you pay for Windows OS on iMac's?)
Of course, that would dispute the reassuring reminder that "no information about your PC is being sent to Microsoft" (or something like that).
A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
I don't know why everyone complains about Microsoft. They're certainly doing their part to promote Linux. I wonder whose product MS's marketing thinks their promoting?
This is VERY VERY true. There is an app called RegMon It is basically a tail -f of Win registry hits. If you run this app (or a similar one), run it and go to WindowsUpdate (with IE of course... :-)). You will be afraid.
You'll see your full (registered) name, product ID, unique ID's, everthing about your machine and you being accessed by the prompt that says "No personal information is being sent to Microsoft".
Seriously. Try it.
I'm not a prophet or a stone-age man,
I'm just a mortal with potential of a super man.
A thought on how to keep MS at bay while you fix the situation:
.sig...
1. Switch all the PCs off.
2. Invite them in to do the audit.
3. If they ask you if a machine has Windows on, tell them no.
4. If they want to power up the machine, ask them how they intend to power it, as the school board doesn't sell or donate power to third parties.
5. If they want to take the PC away, point out the school policy on theft.
6. If they want to bring in a generator, point out the for safety reasons such equipment can't be used in school buildings.
7. If they want to remove the hard drive, point out the school policy on vandalism.
8. Goto 4.
By the time they've figured out how to see what's on the machine you can have Linux on a sufficient number that licenses will cover the rest!
Still haven't bothered with a