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CD Duplicator Refuses Linux Job, Citing MS Contract
Jonathon writes "Seems a Microsoft imposed restraint of trade agreement and concerns about the SCO suit have prevented a New Zealand company duplicating 500 CDs for our upcoming installfest. The installfest was mentioned on /. just days ago."
As one of the helpers for the installfest, I can say that this is pretty much only going to help our cause. We couldn't ask for better advertising (both the NZ Herald, and Slashdot).
We will be ready, Saturday, with plenty of CDs (we hope).
I use to have a funny sig, but slash cut it off, and I forgot what the punchline was.
Later, he said Microsoft's lawyers' advice was: "It's conjecture. It depends on who, what, when, the technology, and a whole bunch of things and the Herald is not a good place to get into a legal discussion." He went on to explain: Have you ever been pussy whipped by your girfriend? Well, if you have, you would understand our relationship with microsoft.
They can sell to whosoever they like. The situation would presumably be different if they had a monopoly (I say presumably because I don't know about New Zealand law) but that can't be said of CD duplication. It's essential that companies do have the right to refuse orders without giving reasons, because every order taken on involves some degree of commercial risk ranging from nonpayment to public liability. Were this not so, it would make for some interesting scams by dishonest buyers. The best protection for buyers is that salesmen as a breed want to be able to sell to anybody with money, and that provides a certain counterweighting to the caution of the legal and finance departments.
Panurge has posted for the last time. Thanks for the positive moderations.
Since this is under YRO, I figured I'd ask: whose rights are being violated here? (I can't see any rights violations)
This seems more like a story about how evil Microsoft is. And evil they are, which is why I neither purchase nor support their software.
Well, I don't think it'll go down like that. I mean, sure, Software Images didn't get the contract for 500 CDs, but someone else (like Stebbing Recording Ltd?) did and they probably made a buck out of it. I think it is Bill that needs to watch his back, lest the a flock of hungry penguins eat all the herring while he's busy throwing FUD into the media.
Silly little companies like SI need to go out of business. It sounds like they're being MS-NZ's little bitch, and while that's good for the moment (if you like biting the pillow, that is), I don't expect they'll get any OSS business in the future. Is that a big thing? Yes, because that's the direction the market is moving and they've just blown themselves out of that game.
Forget thrust, drag, lift and weight. Airplanes fly because of money.
leaving the world without a reliable and secure OS
;)
Uh. It's not as if *BSD is dying or something.
This is further proof that the SCO debacle is hurting the image of Linux in the marketplace and in the eyes of the consumer. SCO may not have a sound case, but they are causing a lot of confusion about the legality of Linux.
There's also the part of the contract with Microsoft. This company is obviously not going to risc their probably very important economic ties to Microsoft for a mere 500 cd copy job -- no sane business person would -- but yet again we see evidence that the strong arm tactic Microsoft has employed since the DOS days (anyone remember DR DOS?) is still very much a part of their modus operandi.
No empire lasts forever, are the masses at the gates of the castle yet?
No, but the masses have surrounded the castle of Gates!
Forget thrust, drag, lift and weight. Airplanes fly because of money.
I'm reminded of the English tradition of Knighthood. Where some subject becomes a knight and is granted
dominion over a parcel of land.
Microsoft granted this company so many parcels of foo, so long as they upheld Microsoft's honor. And on a larger scale, Isn't dominion what was promised to the RIAA, Media Cartels, others, in exchange for their "loyalty"?
Maybe I stretch things too far. But it seems the power of the common man has dwindled to nothing outside of a small space that's been allotted. Any attempts to reach beyond this space are met with resistance and punishment.
All these guys wanted to do was duplicate some cd's.
But that activity appears to be outside the domain Microsoft is willing to grant them. How have we gotten into the situation where we must beg persmission to do mundane tasks like this?
Is the large scale duplication of information getting to be a little too risque' for the peons? Gotta keep an eye on stuff like that now?
The box that makes up our collective free will is getting smaller and smaller as each cubic centimeter is parcelled off to the Knights of Modern Royalty.
every linux supporter is somehow being effected by this SCO/Linux issue. Even YOU as a system admin. or programmer are. I mean i am a linux programmer where i work, and devlopers form the other side(MS dev.) keep on asking, whats up with this SCO thing, so are you planning to go back to Visual c with a wide smile.. . PERIOD..out of subject..
what i wanted to say is, companies like IBM, SUN, Oracle, Redhat, Suse and others are losing money, credability, business, and are instead gaining lots of headache, questions, bla bla bla...
Why the fuck dont they just group, put an end to it. They already spent billions in investments on Linux, espically IBM and Oracle(who supported Linux clustering), if they care for their business and investments, they should act, and FAST, before this thing really grows and starts to actually draw back customers who had linux on their considered solution list, knowing that Linux opened new business grounds for them, and they cant deny it, they owe linux exactly s much as linux owed them...
The lunatic is in my head
and not tell my electricity supply company that I use Linux at home, just in case they decide that because some of my neighbours run M$ boxes, that they can't supply me with power any more.
The trouble is Who will do the suing?
IBM? Redhat? Knoppix??? certainly not Knoppix.
Lets face it, even though this is in NZ, it sets a very nasty precedent internationally.
And although IBM have been playing it cool, as they should, with the rabid SCO flinging mud everywhere the concerning thing is that some of that mud might stick.
Feature for feature, tech for tech and even on usability grounds Linux is beginning to really become a desktop option with mountains more flexibility than Windows - any flavour of windows.
MS have played very very dirty in the past, and it would not surprise me in the slightest if it's their intention to do so again, and this case is testing the waters. Anyone remember Stacker?
However this is a delicate time for Linux in the hearts and minds of the general uninformed masses.
For the criminally insane at SCO to get some of their allegations to stick is a significant blow in Linux Marketing in the short term.
It would help significantly if IBM made an big, loud, international, and official statement about the Damage SCO is doing to their market and reputation, and threaten serious legal action.
A response form IBM like this would strengthen, not damage the reputation of Linux and Open Source software.
Rusty, Tridge, Martin, have you fellows had smoco with some IBM lawyers recently?
... I can say that this is pretty much only going to help our cause
I'd say so. I downloaded Knoppix last night after the previous installfest story piqued my interest.
Things to note:
I've used Micosoft software since I started using PCs.
I'd never used any version of Linux before.
I was very impressed with what I saw.
Congratulations guys, you just gained a brand spanking new Linux user.
i'm usually amazed how seldom people will resort to boycotts.
whilst i would have no doubt that MS are obviously a large part of their business, it is obvious that no business survives with just one good horse in their stable.
with a good enough word-of-mouth campaign it should be possible to inform local businesses and companies of the boycott, inform them of other options, and thus remove a chunk of their potential business.
500 cds may not hurt their purse strings, but 100 x 500 will.
do we forget just how much power we have?
That's right, New Zealand businesses! Software Images has helped you make a decission towards reliable outsourcing for your data duplication needs. If you need an outfit who can be trusted to handle your order, even important rush orders, Software Solutions is not your provider.
Data duplication is an important last step to any project that requires physical media for distribution. You need to know that your order is accepted and being handled and processed quickly, efficiently, and reliably. At Software Images, your data duplication order may be green-flagged by their expert account managers... only to be refused at a later date.
Your order may be refused because, on a "case by case basis", the data in question might be considered in competition with Microsoft. And as Microsoft continues to reach in to new sectors and attach new niches... who's to say if one is in direct competition or not? But you'll find out. After your order has been rejected and you are forced to scramble for another outsource provider.
Your order may also be refused if an industry competitor makes unfounded alligations as to owner of the intellectual property contained in your duplication order. No need to wait for a court ruling. No need for proof of a currently valid license. Your important job will be rejected, leaving your business high and dry.
In this tough economy, every business needs reliable outsource providers. They need to know that services will be there for that important job or rush order.
With Software Images, you won't know.
Software Images. They're not there for you. They're there for their major account - Microsoft.
I think Microsoft made a big mistake with the whole SCO thing. The more people are aware of licenses and the more people understand the GPL, the worse Microsoft looks in comparison.
The SCO case does hurt Linux in the short term, that's for sure. But in the long term, it will be just a confirmation of what many already know: That users of GPLed software are much safer from legal problems than users of commercial software.
With the millions of shares Microsoft executives sell constantly, maybe they don't care about the long term...
They are also actively promoting Linux to businesses who are looking for alternatives to microsoft during the latest software piracy crackdown.
Pirates have brought linux to Malaysia! Pirates aren't that bad after all ;)
Well, if they won't let people copy Linux CDs because of MS, send an XP cd and ask for 500 copies...
I am TheRaven on Soylent News
STRICTLY CONFIDENTIAL
My Dear Friend IBM,
I am highly compelled upon strict recommendation, to write you this very
urgent and confidential letter.I do hope my letter will not embarrass you
since I had no previous correspondence with you.I hope this mail will not
come to you as a surprise.I am sending this proposal with due sense of
humanity, responsibility and with few awareness that you will give it a
sympathetic attention. I regret to the inconvenience it may cause you base on
the condition that we have not met before.
I wish to use this opportunity to introduce myself to you, I am Mr. Darl
McBride,the CEO of the former proprietor of Unixware in my home city of
Lindon, Utah, My Vice President Christopher Sontag had a synflood shot by the
GNU rebels on his way travelling to White Plains, a city after New York, your
headquarters along with my daughter, My daughter died on the spot while the
HP-UX team rescued my Vice President, he was taken to hospital for medical
treatment which he later died about three months now.
Fortunately, My Company has Ten million and Five hundred thousand United
States Dollars(US$10.5 million) cash, which he intended to use for investment
purposes overseas. This money is kept with private security company in Europe
since two years ago. It is only my son and myself that know where the money
is kept and has the documents for it.
Due to the current situation in the market concerning GNU's vendettas towards
my family, we seek your assistance to transfer the ownership of this fund to
you so that you can asisst us to claim it and used for the purpose of
investment as intended by my Vice President.
My family is currently being probed by this present GNU for alleged
involvement in misappropriation of GPL code during his regime.
Towards this effect, an embargo restricting my family members from traveling
or carrying out financial transactions without their express permission is in
force. Right now, my son and myself have concluded plans and decided to take
immediate claim of this fund so that we can use it to better our lives and
alliviate our present suffering hence this contact.
However, I have an arrangement on how you can help us to recieve this money
after receiving some assurances from you. The money personally belongs to my
Vice President and he intended that it still be used for investment. No
record ever existed concerning this money, neither is the money traceable by
the GNU rebels because there is no documentation concerning the funds in the
SEC reports. Bearing in mind that your assistance is needed to transfer this
fund, we propose a commission of 20% (Twenty Percent) of the total sum to you
for the expected services and assistance. While 5% is mapped out for
miscellaneous expenses.
On your positive consent, I shall expect you to contact me urgently to enable
us discuss about this.Your urgent response is highly needed. I must use this
opportunity to implore you to exercise utmost indulgence to keep this matter
extraordinarily confidential, while I await your prompt response.
Best regards,
MR. DARL MCBRIDE, SCO LINDON UTAH
What I don't understand is why (and yes I'm going to make an offtopic "Why didn't MY submission make it?" comment) this story is a big deal, when MS just hikacked tens of thousands of computers to be sold by the Thai government with Linux pre-installed by offering Windows to purchasers for 250 Baht (about US$6). There were supposed to be a hundred thousand Linux computers by December, and now there will be, like zero. Check my journal for the details.
Put identity in the browser.
This is anti-competitive behaviour.
i -c ompetitive%20practices%20final.pdf
Raising Your Concerns by Contacting the Commission
Readers who are aware of behaviour that appears to breach the Commerce Act can forward information to the Commission. The Commission will consider this information and, if appropriate, initiate an investigation.
The Commission also carries out its own market monitoring and surveillance activities. An investigation that identifies a breach of the Commerce Act may lead to the Commission taking one of a range of actions, including prosecuting businesses in the High Court. Actions the Commission can take are outlined in the Commission Processes section of this publication.
To contact the Commission with information:
Telephone 0800 94 3600
Write to:
Contact Centre
Commerce Commission
P O Box 2351
Wellington
Email: contact@comcom.govt.nz
http://www.comcom.govt.nz/publications/pdfs/ant
Put Software Images out of business.
1. Offer the binaries without a corresponding offer for the source code.
2. Hijack the ship coming from Malaysia with all the linux cd's. Equipment you'll need: eyepatch, parrot, pegleg, makeshift plank for the crew to walk, silly accent. Say "Yarrrrrr!" a lot and complain about scurvy.
microsoftword.mp3 - it doesn't care that they're not words...