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Dell No Longer Selling Systems w/o Microsoft OS

Some Sys Admin sent in an email that he got from Dell which basically says Microsoft will no longer allow Dell to sell PCs without an operating system. Please note that Microsoft is not a monopoly, and does not use their monopoly power to squish competition in the market place. The message itself is attached below, and is worth a read, especially the last bit.

UPDATES

1. Effective 8/26 - New Microsoft contract rules stipulate that we can no longer offer the "NO OS" option to our customers beyond September 1st. As such all customers currently purchasing a "NO OS" option on either OptiPlex, Precison or Latitude for the express purpose of loading a non-MS OS will have the following options:

1. Purchase a Microsoft OS with each OptiPlex, Precision or Latitude system.

2. For OptiPlex and Precision - purchase one of the new "nSeries" products (offered for GX260, WS340 & WS530 - details in the attached FAQ) that are being created to address a different OS support requirement other than a current standard Microsoft OS.

We must have all "No OS" orders shipped out of the factory by September 1st. The "No OS" legend code and SKUs will be I-coded on 8/19 and D-coded on August 26th to ensure shipment of orders prior to September 1st. FYI - this effects all of our competitors as well.

19 of 817 comments (clear)

  1. It's a shame... by EraseEraseMe · · Score: 4, Insightful

    The second the computer hardware industry gets over it's undying need to profit and destroy its competitors, it can finally do something about Microsoft. If they were all to tell MS at the same time "Hey, guess what, we're going to dictate the terms of what OS goes on our machines now", then MS would be up a creek without a paddle. Unfortunately, the likelihood of this happening is slim to nil, the second a large comp manufacturer did this, the others would go the other way and run to MS saying "Look at what CompStore2002 is doing! We won't do that, give us a break on the licensing!"

    Microsoft is using the greed of the industry against itself. Without hardware to run it on, software is useless, and Microsoft is useless. They are in a far more precarious position then they let on...Maybe it's time to give them a little scare

    --
    "Anybody who tells me I can't use a program because it's not open source, go suck on rms. I'm not interested." (LT 2004)
    1. Re:It's a shame... by cyberconte · · Score: 4, Insightful

      The second the computer hardware industry gets over it's undying need to profit and destroy its competitors, it can finally do something about Microsoft

      Uhh... yea, thats the whole point of running a business, you know? to make money? Espeically publicly traded ones...

      Ironically, cooperation *not* to buy microsoft product could be viewed as illegal cooperation between companies. Funny that! I'll bet the'd be punished in 6 months with hefty fines, too.

      I'm not bitter. Really. -_^

    2. Re:It's a shame... by gilroy · · Score: 5, Insightful
      Blockquoth the poster:

      In the world of business, there is no right and wrong in the moral sense, only "right" as in following the law and making money

      No. In the world of business we've had people saying "there is no right and wrong". They've been saying it loudly. They've been saying it monotonously. They've been saying it for, oh, about forty years in strength.


      But they're wrong. Just saying something doesn't make it so. Simply denying the existence of something doesn't in fact make it cease to exist. And failing to recognize the ethics of a situations doesn't mean there aren't any. We'e beginning to see the fallout in the corporate world when the basic principles of ethics and fair play are systemically violated...

    3. Re:It's a shame... by JoeShmoe · · Score: 4, Insightful

      The fact is that 99% of the PC customers will want a microsoft OS

      Hey buddy, are you sure about this?

      I mean...I'm only using Windows because it came free with my computer. Just WHAT IF all computer makers out there sold their PCs as is, with no fluff and preloaded software and OS?

      What if JoeConsumer (no relation) walked into a store and saw the retail price for XP? What if it was sitting there right next to Lindows which was 1/3 the price? What if the screenshots looks the same, the feature list looked the same, and hey look, the Lindows one comes with free Office-type software! It's $599 for the Microsoft version!

      Granted, a large portion of people want to play games, and well they might need a Microsoft OS, or not, it depends on the game. Granted, a large portion of the people know how to use Windows and want to keep it.

      But who is to say that if consumers didn't just automatically get the Microsoft OS for "free" when they bought a computer...they wouldn't want to try something a little more reasonable?

      - JoeShmoe

      .

      --
      -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
  2. Fact-checking, anyone? by Golias · · Score: 4, Insightful
    Somebody with a hotmail account sent the slashdot editors an e-mail, claiming it was forwarded from Dell. Then they proceed to immediately put it on their front page. I suppose next they will post the one about how Mel Gibson once had plastic surgery to fix his broken & scarred face. Or maybe that a little boy who is dying of cancer wants to set the world record for getting the most post cards.

    Even if this is legit, is it really that big of a deal? Most Linux users know enough to ignore the "Dude, you're gettin' a Dell" dude, and build their own systems anyway.

    --

    Information wants to be anthropomorphized.

  3. Re:Well... (Two problems) by MarvinMouse · · Score: 4, Insightful

    There are two problems with that:

    1. Microsoft is pushing that having a computer with an OS other that installed on it is illegal (especially when they are donated to schools.)

    2. More imporantly, Microsoft gets paid for every computer that sells with their OS. If you buy with theirs and remove it, you just gave MS your money for no reason.

    --
    ~ kjrose
  4. It's just a legal word-game by ajs · · Score: 5, Insightful

    What they mean is that they are going to go from offering "hardware A, available as model B, with option C" to "hardware A available as model D which is available only with option C"

    Bascially, the contract with MS says that they can't get the OEM price unless they sell the model in question with only MS products. So, they have to create another "model" which they ship without an OS. The obfuscation in the letter is designed to avoid outright saying that they're using the word of the contract against MS, so that MS can't say in court that Dell violated the contract in spirit (I'm not sure how defensible that would be, but if I were Dell, I'd avoid it too).

  5. No -- Re:Wasn't this one of the bigger issues? by moncyb · · Score: 4, Insightful

    They didn't even get a slap on the wrist for this behavior.

    Read the court's findings of fact. The court decided this behavior was an "anti-piracy" measure--not the anti-competition measure it really was.

  6. Just so people know how this works... by EatenByAGrue · · Score: 4, Insightful

    I see lots of angry condemations here - but this is actually very typical price negotiation. Microsoft didn't go to Dell and tell them they couldn't sell PCs with other OSes or they wouldn't sell them Windows any more. Microsoft went to Dell and offered them huge discounts to Windows if they signed an exclusive offer. Dell saw the dollar signs and agreed.

    Dell has done a pretty good job with their letter blaming MS...but MS would be ignoring basic business practices if it didn't offer and option like this. I'm sure Dell is happy with the deal and laughing all the way to the bank.

  7. Gedanken Experiment by underwhelm · · Score: 4, Insightful

    Imagine the same action taken by a large publisher in the bookselling industry.

    Barnes and Noble: "Our contract with HarperCollins stipulates we can no longer sell blank journals or college ruled notebooks. Customers will have the following options:

    1. Purchase a book published by HarperCollins.
    2. Purchase a book published by another publisher.

    HarperCollins demanded this because we all know people don't use blank paper to write their own stories or notes, but to pirate their intellectual property.

    FYI-This affects all our competitors as well."

    --

    I don't need large brains to have a good time.

  8. EULA refund.. or not. by hklingon · · Score: 5, Insightful
    Okay, sure, the EULA on Microsoft stuff has a specific clause:
    If you do not agree to the terms of this EULA, PC Manufacturer and Microsoft are unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy the SOFTWARE PRODUCT, and you should promptly contact PC Manufacturer for instructions on return of the unused products(s) for a refund.
    Except that it seems to be difficult, if not impossible, to get a refund. Almost three years ago, I replaced a dead NT server (lightning, so, no, just a few parts won't do)with a white-box Win98 machine and sent Win98 away to be refunded. I was told to send it directly to M$, by M$. I'm still waiting! A lot ofother people seem to be, too. It seems to be damn near impossible to get a refund, in fact. And this the DoJ all heard before, as part of the anti-trust trial Also, it seems now that OEMS must "eat" the cost of returned copies of windows, this is no longer passed back to microsoft.

    Look, I'm not some fanatical Linux Zealot on the fringes of society. I'm a programmer, system administrator, IT manager, whatever you want to call it. I use Linux and other free OSs, and I really hate being treated like some psycho zealot on the fringe when I try to avoid doubly (and sometimes triply) licensing microsoft software for Clients' PCs. ("You want what? We don't do that? Whats a EULA?" HP, Compaq, Gateway and now Dell. its all the same.) I mean, honestly, where is my FTC? Where is my consumer protection? It goes beyond frustrating.

    Wendell
  9. Actually no.... by sterno · · Score: 4, Insightful

    To illustrate the monopoly issue here, what would actually happen is this. Firestone would tell Ford that they have to outfit everything with firestone tires. Then Ford would put out a bid to the other manufacturers to provide a replacement for Firestone's tire. One of them would undercut Firestone, if for no other reason, than to keep them from taking over Ford's tires, and that'd be that. This is what happens in a competitive market, unlike what we see in the O/S market.

    --
    This sig has been temporarily disconnected or is no longer in service
  10. Re:Sounds like fraud to me? by dbrutus · · Score: 5, Insightful

    Actually MS fraud would be more like their statement that their OSDN kits contain the complete Win32 API and that there are no secret API calls reserved for MS developers. That's an actual material fraud made over the course of several years and has changed the course of computing.

    A lot of people believed in that promise and it gave MS the largest ISV community on the planet. And it was all built on a lie, one that MS now claims it never made.

    What completely blows me away is that all the anti-MS people can't get their act together enough to document it and bring a class-action lawsuit based on it.

  11. Let's see what happens... by sterno · · Score: 4, Insightful

    Despite all the rhetoric coming out of our government about how horrible this is and how we need a return of ethic to corporations, I'll be very surprised if anything really changes in the long run. The only real change I expect to see is stock holders will change the rules for their CEO's because it isn't in their long term best interest for a CEO to over-inflate his options and bail out.

    But as far as ethics in business go, there is only one ethic: make money. The system is set up to encourage a company to find the shortest path to greatest profitability, and that's the way it will likely always be. Is this bad? Depends on what you want companies to accomplish. If you want them to achieve economic growth, increasing efficiency, etc, then they are ideally groomed to do this (as our economy has demonstrated over the past decades). But don't expect any higher moral sense to come out of a company unless there is a profit motive behind it. It can happen, but the system isn't designed to encourage it.

    --
    This sig has been temporarily disconnected or is no longer in service
  12. Re:Monopoly by freeweed · · Score: 5, Insightful

    Hm. Adding useful features to please the user *after* a monopoly is already established. How much sense does that make?

    It's called "maintaining a revenue stream". Microsoft has no choice but to continually enhance their product, competition or no, or else people will no longer buy upgrades every few years. No new revenue == pissed off shareholders.

    Of course, when they can't come up with any good ideas, they just break compatibility. Try using ANY Office document made with a new version on an older version. I'm sorry, but there's no technical reason at all why an Excel spreadsheet made under XP can't be opened in Office97. Just leave whatever miniscule new features that exist from being used. However, they don't do this. And as all new PCs come with OfficeXP, when you replace some of your office machines, guess what? You have to then go and upgrade ALL of your Office versions, at several hundred dollars a pop. For what benefit? I haven't seen any signifigant improvement in the Office suite since at least 4.2. I still word process the same way, and do spreadsheets the same way.

    Fact of the matter is, Microsoft uses their monopoly position to force you to buy new software every few years, unless you're in the unlikely position of being able to keep every single one of your old machines doing what you want them to do, forever. And for the most part, it has nothing to do with adding new features.

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  13. Didn't they agree to not do that? by alanjstr · · Score: 4, Insightful

    I thought one of the stipulations of their settlement with the DOJ was that they wouldn't do that sort of thing any more.

  14. Is it "no OS" or "no Microsoft OS"? by Advocadus+Diaboli · · Score: 4, Insightful
    Well, I'm working at a big computer manufacturer in Europe. My firm also is not allowed by MS to sell a PC without an operating system.

    The funny part is, that MS want's us to sell PCs with operating system and customers wants to get PCs without a preinstalled OS.

    My firm is solving this thing by just adding a SuSE-Live-Eval CD to any PC that is delivered with an empty hard disk. So the customer is fine since he doesn't have to pay extra "MS taxes" and MS can't complain since we are shipping every PC with an operating system.

  15. This is Dell we're talkin about here. by t0qer · · Score: 4, Insightful

    Dell makes great stuff, but hardly worth the price it fetches.

    I just slapped together a dual p4 xeon2.0ghz system for 2500. It has a gig of rambus, 80 gighd, DVD burner and a gforce4ti4200 something a rather.

    Dell only offered Xeons in the p3 flavor, similiar setup for around 800 dollars more.

    I used to be a sysadmin, I know all the service benefits dell gives (pre-imaged systems, 24hr on-site part replacement, ect) but I think if you compare the cost a network being admin'ed by dell with a sysadmin who just "makes calls to dell" all day to the cost of a network being admin'd by a sysadmin who maintains an inventory of spare parts, uses ghost or NT2k Remote installation services, and buys his/her parts from a local screwdriver shop I really do think you would see a huge difference.

    Parts don't really break that often, windows does. Especially outlook. Is there really a savings to pay for that dell "protection money"?

    If you're currently a sysadmin in charge of some large corporate network, speak with your dollars, not with your slashdot. Try and talk your company into standardizing on a single platform. Here let me spec out a good standard...

    Nvidia video (single unified driver = less driver headaches)
    Creative sound (the standard by which all follow)
    3com networking

    Other than the motherboards changing over the next few years you won't really need to do a lot of work to maintain these machines over the next few years. Be smart, implement home directories and tell everyone to put whatever they want backed up in there. That way you can wipe their machines without hassle.

    well, thats my 0.02. Wish I had caught the article sooner.

  16. Re:Monopoly by sbaker · · Score: 5, Insightful

    > Hm. Adding useful features to please the user *after* a monopoly is already
    > established. How much sense does that make?

    Well, suppose you are a monopoly - and near-as-dammit 100% of computers have your
    software installed.

    How do you stay in business when 100% of your customer base already owns
    what you are selling them?

    1) You add features - make it easier to use - so people will pay to upgrade.
    2) You ban people from using the software they own on their next computer
    by writing things like WinXP that physically prevent that.
    3) You stop people from installing the software they already own on their
    next computer by preventing people like Dell from selling computers
    without another copy of the OS on them.

    Microsoft are doing all three of those things...Duh.

    Windoze version N *does* have competition - but that competition is
    Windoze version N-1 and that's not helping the monopoly situation.

    --
    www.sjbaker.org