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Dell's Open PC Costs More Than Windows Box

fist_187 writes "In this article at The Register, they show thath Dell's Open PC costs more than a PC shipped with Windows XP. That's right, getting a PC with a blank hard drive costs more than the same hardware running Windows XP." From the article: "As it turns out, Dell's sales staffers have a secret web page for the product that you can't find with normal search tactics. A kind lass we'll call 'M' pointed us here. On this site, Dell presents a couple different versions of the mysterious E510n. The lowest-end system starts at $774 and is exactly like the boxes above - including the free flat panel - except it has 512MB of memory. For some reason, Dell told reporters that the box starts at $849 - yet another one of the odd sales tactics surrounding this "open source" kit. [Following the publication of our story, Dell raised the price of the PC back up to $849. See the sales pages below for the original $774 price comparisons.]"

83 of 440 comments (clear)

  1. New math.. by Brad1138 · · Score: 5, Funny

    Must be that new math I keep hearing about...

    --
    If you could reason with religious people, there would be no religious people
    1. Re:New math.. by m4dm4n · · Score: 4, Funny

      That would be the new math Microsoft keep telling us about Linux being more expensive?

  2. Resell Windows by ajwitte · · Score: 5, Interesting

    So.. the logical thing to do is buy the PC with Windows and then resell the Windows license. Or is that not allowed?

    --
    chown -R us ~you/base
    1. Re:Resell Windows by kegwell · · Score: 2, Insightful

      No, the most logical and economical thing to do is build you own machine. Resources are so plentiful and hardware is so cheap anymore, is there really any point in paying a large corporation extra hundred(s) of dollars for warrantys to replace a $50 hdd or cdrom? Save the money and build your own.

    2. Re:Resell Windows by Afrosheen · · Score: 4, Insightful

      Building your own is great, but when you're freelancing as a consultant, and you have clients, you don't want to worry about what you build, and that's where Dell and others come in. Plus it's easy to sell people on Dell machines, at home or at offices, since alot of them already use them at work. Every time you say 'I can build one FOR you..' they get this strange look and their eyes usually glaze over. For some reason, they accept the fact that you can fix pc's but not build them.

    3. Re:Resell Windows by mystik · · Score: 5, Informative

      Not Allowed.

      Behold the OEM license, and Anti-Unbundling clauses. The software is tied to the hardware, and the license sticker is even on the unit (just the case).

      It's annoying -- but intentional -- to prevent exactly what you describe.

      --
      Why aren't you encrypting your e-mail?
    4. Re:Resell Windows by davmoo · · Score: 4, Insightful

      The only reason left these days to build your own is if you want specific components, or you just want the experience. Economic reasons to build your own died when Walmart and other big-box stores started offering PCs for $299.

      --
      I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    5. Re:Resell Windows by EzInKy · · Score: 5, Informative


      Thats illegal, you can't use it on any non-that-brand machine so its worthless.


      Baloney!


      District courts in California and Texas have issued decisions applying the doctrine of first sale for bundled computer software in Softman v. Adobe (2001) and Novell, Inc. v. CPU Distrib., Inc. (2000) even if the software contains a EULA prohibiting resale. In the Softman case, after purchasing bundled software (A box containing many programs that are also available individually) from Adobe Systems, Softman unbundled it and then resold the component programs. The California District Court ruled that Softman could resell the bundled software, no matter what the EULA stipulates, because Softman had never assented to the EULA. Specifically, the ruling decreed that software purchases be treated as sales transactions, rather than explicit license agreements. In other words, the court ruling argued that Californian consumers should have the same rights they would enjoy under existing copyright legislation when buying a CD or a book.

      --
      Time is what keeps everything from happening all at once.
    6. Re:Resell Windows by enigma48 · · Score: 2, Interesting

      Be careful with your assumptions. After I read what you posted (thanks for that by the way), I'd point out:

      * If you don't explicitly agree to be bound by the EULA, you aren't bound by it ("explicitly" is bloody hard to fully define though)

      * Buying a tightly integrated hardware-software bundle (eg: hardware with preinstalled OS with preinstalled OS) may be different than buying a bundle of "identical" items (eg: MS Office software suite).

      Interesting case though.

    7. Re:Resell Windows by masklinn · · Score: 3, Insightful

      and 3) having a computer that's actually coherent.

      3.6GHz P4 is (not so) neat, but when coupled with integrated graphics, 256Mb of shitty RAM and the worst mobo of the market it becomes quite... uselesss.

      Better get a much lower clock and have the other components match the processor's level of performance.

      --
      "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
  3. Think they might have noticed the slashdot directs by jwigum · · Score: 3, Funny

    Heh. Nothing like telling a bunch of open source guys about a bare drive'ed dell to get them to hustle over and check it out.

    --

    Look behind you...

  4. Would you buy something... by jwigum · · Score: 2, Insightful

    That's pretty much a sequence of numbers, when there's no guarantee that the other person won't use it? Kinda like buying a CD-Key game with open packaging... Not something I'd recommend.

    --

    Look behind you...

  5. Obvious, actually by lastberserker · · Score: 5, Insightful

    Computers with Windows XP are stuffed to the roof with trialware and services that kick back the cost. Those with empty hard drives are, well, empty. What's so hard to grasp here?

    --
    My other Beowulf cluster is... er...
    1. Re:Obvious, actually by peter_gzowski · · Score: 5, Interesting

      We're bitching because we don't want to give Microsoft an automatic cut of every PC sale on the planet. Every PC sold by Dell is $50-$90 in MS's pocket (all numbers pulled from the recesses of my memory, so someone can correct me if I'm off). Other posts have suggested that this cost is recovered by companies who pay Dell to put trial versions of their software on the computer. It doesn't seem enough to account for $50-$90 + $75 per PC, but I suppose this could be the case. I would prefer that Dell just come out and say that the "Premium Software and Security" that comes with the PC is really just commercials, and not some actual value that is being added to the computer.

      Wasn't there some period of time where you could redeem unused Windows XP licenses for cash from Microsoft? Whatever happened to that?

      --
      "Now gluttony and exploitation serves eight!" - TV's Frank
    2. Re:Obvious, actually by Verteiron · · Score: 5, Informative

      Gator hell. I've seen recent HP desktops come from Best Buy with MyWay searchbar pre-installed. Every URL visited gets passed to MyWay's servers, ostensibly to allow it to "target" the search results it displays. In reality the end-user is just bombarded with more advertising. And what's worse, many of the MyWay ads link to sites that install -really- invasive crapware like SurfSidekick.

      --
      End of lesson. You may press the button.
    3. Re:Obvious, actually by Lesrahpem · · Score: 4, Insightful

      No, I think the reason we're bitching is because we're paying more for less.

  6. To heck with Dell by Anonymous Coward · · Score: 4, Interesting

    Seriously. If there's one company in the world which would win an obfuscated price contest, it's Dell. Circuitous menus that seem to simultaneously tweak prices and options depending on who you are and where you're from is deeply suspect. You never get the actual price on anything until you're ready to punch in your credit card number. Advertised prices are pure fiction. I cannot imagine any reason for being so inconsistent about pricing. It's dishonest. I no longer do business with them.

    1. Re:To heck with Dell by DrEldarion · · Score: 4, Interesting

      They do have REALLY messed up pricing, and an even more messed up coupon scheme. They'll be offering a monitor with a base sale of 25% off, and then give out coupons to get the monitor at 15% off. The coupon replaces the base discount. It's like one hand has NO CLUE what the other hand is doing, even though they're working on the same thing.

    2. Re:To heck with Dell by mrchaotica · · Score: 2, Informative

      Dell knows exactly what it's doing: establishing and maintaning a confusopoly in the PC business. They intentionally make it hard to figure out the price, because they hope you'll get tired and just accept whatever number is on the screen.

      It's just like a bait-and-switch, except harder to prove.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  7. Re:Think they might have noticed the slashdot dire by benjamindees · · Score: 5, Insightful

    No, it's been that way for a while. The FreeDOS boxes have always (as long as I remember) been more expensive than an equivalent box with XP.

    I don't know what kind of deal they have with Microsoft to make that happen, but I suspect it is more than just the AOL and McAfee add-ons that they can bundle with XP.

    --
    "I assumed blithely that there were no elves out there in the darkness"
  8. Companies by DietCoke · · Score: 3, Insightful

    A lot of IT departments have neither the staff nor the patience to build each PC on their own. Considering the tiny profit to be made off PC building, it's much more sensible to focus on projects, rollouts, etc. Tack on the fact that most IT folks don't want to spend hours trying to RMA failed mobos from random vendors, and Dell/IBM/whoever else make a lot of sense in the long run.

    Still, that doesn't mean we enjoy dealing with their tech support folks. What idiots!

  9. Third option... by yddod · · Score: 2, Interesting

    They should offer a third option to get the system with everything including windows as a 90 day trial. That would be the cheapest system possible!

  10. Not the same by gcauthon · · Score: 5, Informative

    The PC with the blank hard drive appears to ship with a combo cd/dvd-rom and a fax modem. The PC with windows does not list these features.

    1. Re:Not the same by Anonymous Coward · · Score: 2, Informative

      Actually, the E510 does come with a combo drive and the fax modem.

    2. Re:Not the same by Geoffreyerffoeg · · Score: 2

      That's definitely a reason - a real fax modem is considerably more expensive than a Winmodem.

  11. Dell's Prices by Anonymous Coward · · Score: 5, Informative

    Dell's business units are so odd. You can go on their web site and find 3 different prices for the exact same thing depending on which unit you go in, and I mean home, small business, and large. I have ordered from all over that site for personal stuff, it cracks me up sometimes. I would be interested in why that happens. I have asked our Dell rep at work, but he couldn't really give a good answer either.

    1. Re:Dell's Prices by bromoseltzer · · Score: 2, Interesting

      The simple answer is that Dell figures it makes more money this way. They have some fancy pricing algorithms that adjust prices very frequently depending on all the data that they know (and you don't).. Details of which models are selling well, what their suppliers are charging this week, what their inventory is, and not least, how "price elastic" different classes of customers are.

      They are banking that most customers have not nearly enough information to find the best value, by comparing all the different models and options and by checking all the different entry routes into the system (personal, small business, etc.).

      It's like airline seat pricing, another great example of free market exuberance. (Look where it's getting them.)

      --
      Fiat Lux.
  12. I Knew It! by Comatose51 · · Score: 4, Funny
    I knew it all along! Windows XP generates NEGATIVE value! Suspected by me, confirmed by Dell!

    I kid, I kid.

    --
    EvilCON - Made Famous by /.
  13. Use coupon codes by timeToy · · Score: 3, Interesting

    Dell computer are like American cars, you can always find a deal, you will be crazy to buy a Dell computer, any Dell, Desktop or Laptop, at the official price; they always have a ton of rebates and other "special" or coupon codes all the time.
    For instance right now they are running a sale on the excellent UltraSharp 2005FPW 20" Widescreen LCD Monitor for $394.35.
    A good place to find about theses deal is at this page: http://www.gottadeal.com/Deals/Store/dellhome

  14. Don't even try by All+Names+Have+Been · · Score: 5, Funny

    You'll never figure out Dell's pricing policies for any given piece of hardware. It will change randomly from moment to moment. Just when you think you know how to get the best deal, they'll completely change on you. Hell, we effectively resell Dell PCs, and even *WE* can't get a straight price from our rep. Fuck, their corporate customers who buy thousands of units a year don't know how much a PC will cost until they actually get charged for it.

    Personally, I use their pricing changes as a source of entropy to help generate cryptographic keys.

  15. Re:hmmmm by IconBasedIdea · · Score: 5, Funny

    Or, if the logic of Dell is to prevail, you can sell blank versions of the same CDs for a slight premium, like $275.

  16. Makes sense by Kawahee · · Score: 2, Insightful

    They're doing this because they're going to sell less of these PCs. I mean, honestly, how many people are going to buy a Dell who have the intelligence to use Linux or another OS? Very few. I'm willing to be that 99% of the /. community or anybody who would potentially want to buy this PC already builds there own. Am I right or wrong here?

    --
    I'll subscribe to Slashdot when I see a month without a dupe, a typo, or an article the "editors" didn't read.
    1. Re:Makes sense by Anonymous Coward · · Score: 3, Insightful

      You are wrong in both assumptions you are making, the implicit one that people running linux don't buy pre-made boxes (as a freelance sys admin I know that many Dell Optiplexes and even Diminsions are running as servers) and the other unspoken assumption, that the lower volume on this model somehow cuts into efficiencies of scale. This hardware is identical to it's "sister models" with the exception of an adhesive backed sticker with the model number and serivce tag on it. It's not like they built a whole assembly line for this model -- this model exists as separate from other models purely as an abstraction in some database of part numbers.

  17. Well isn't a virgin worth more then a slut by SmallFurryCreature · · Score: 5, Funny

    Lets face it a PC with XP is anybody's. I wonder if this system comes in a white box to indicate its virgin status.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Well isn't a virgin worth more then a slut by linguae · · Score: 2, Informative

      Well, I know of a computer company that sells virgin computers, in nice, elegant, white boxes.

    2. Re:Well isn't a virgin worth more then a slut by Haeleth · · Score: 2, Interesting

      You can buy Apple computers without an OS on them? I thought all Apple computers came with the proprietary OS X preinstalled. So, no different from a Windows XP box, if you want to run Linux - you're still paying* for an OS you don't need.

      * Yeah, I know what this article's about. Nevertheless.

  18. Re:Build it yourself? by BobandMax · · Score: 5, Insightful

    I buy ~250k/year of Dell PCs. We do not have the time, staffing or patience to sort through myriad component problems. They are all Dell Optiplex and Latitude machines with three year warranties and Complete Care. If it breaks, it's Dell's problem. We just don't have time for anything else. If some shop has the time to screw with this stuff, they have too many IT staff and are pissing away money for nothing.

    --

    "Computers are useless. They can only give you answers."
    -- Pablo Picasso
  19. One Page by Viceice · · Score: 4, Informative
    --
    Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
  20. Doesn't matter by Rocketship+Underpant · · Score: 5, Interesting

    It doesn't matter. First sale doctrine says you can re-sell anything someone else has sold to you. That includes your software, no matter what some silly sticker on your computer says. The only party facing any restrictions is Dell; their contract with Microsoft says they have to bundle the cheap OEM version of Windows with a computer and not sell it separately. The user is free to do with his copy as he wishes.

    --
    He who lights his taper at mine, receives light without darkening me.
    1. Re:Doesn't matter by PingPongBoy · · Score: 3, Interesting

      The user is free to do with his copy

      technically if not totally legally including installation on multiple boxen. If a blank PC is considered to be just as profitable to Dell as a PC without Windows it is fairly clear that Dell must be paying next to nothing to Micro$oft for each copy.

      Micro$oft is probably regarding the supposed lack of revenues from Dell as sheer marketing cost. It's likely also that higher end machines pay off more to Microsoft though since they aren't being sold to poor/penny-pinching people.

      Corollary - what's the difference to Microsoft if they just sold Windows at very affordable prices? Standalone Windows pricing is just to appease the trustbusters

      The question begged is what is Microsoft getting out of all this? Is it really worth it to be competing with open source operating system at an equivalent price? Will the ultimate operating system be open source? If you buy from Dell you're not paying more. This is just the first PC offering from Dell with no Windows. Quite possibly the economy of scale for entry-level machines having Windows included actually cost LESS!! It's all about warranty and support infrastructure, perhaps. Let's see what happens with later machines as Moore's law drives prices lower and lower. If Microsoft seeks to build higher level software while leaving the operating system to the public domain, it'll be an interesting world.

      --
      Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
    2. Re:Doesn't matter by AuMatar · · Score: 3, Interesting

      Doesnt matter- he didn't sign any contract, he didn't even click yes. Dell has no right to agree to a contract for you.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    3. Re:Doesn't matter by Anonymous Coward · · Score: 3, Informative

      Actually it does matter. You see Microsoft will not activate any OEM OS cd from Dell. This was done by Microsoft as an effort to stop piracy and illegal copies. The Dell-branded os cds will only self activate when installed on a Dell machine. If you try to activate it online it will fail and if you phone Microsoft they will tell you to talk to Dell because it is OEM. Oh and by the way that cheap OEM version is identical to the version you can go and buy at the store. It is just branded as Dell software because of the partnership between Dell and Microsoft.

    4. Re:Doesn't matter by Anonymous Coward · · Score: 3, Interesting

      You didn't buy it, you licensed it. That's the whole point behind software licensing.

      Did you sign a license? No, you bought a computer, and it's nearly impossible to buy a dell computer without windows. You can do whatever you want with everything that comes with the computer - sell it, burn it, or throw it away. It's the doctrine of first sale.

      There was a case a few years back about someone selling OEM adobe software. The guy had obtained genuine OEM adobe software and was reselling it. Adobe sued the guy, and the guy won. Even though there may be a EULA for adobe software, the guy never saw it and never agreed to it. The EULA didn't apply since he wasn't the end user.

    5. Re:Doesn't matter by jrcamp · · Score: 3, Insightful

      When I started up my brand new Dell laptop I immediately booted to CD-ROM and installed Linux.

      I never agreed to the Windows EULA. You have to be careful when it first starts up because any key will make it accept. So if it comes up you have to shut the power off then start it back up and get to the boot menu before it comes up again.

    6. Re:Doesn't matter by mcrbids · · Score: 2, Interesting

      It doesn't matter. First sale doctrine says you can re-sell anything someone else has sold to you. That includes your software, no matter what some silly sticker on your computer says. The only party facing any restrictions is Dell; their contract with Microsoft says they have to bundle the cheap OEM version of Windows with a computer and not sell it separately. The user is free to do with his copy as he wishes.

      OK. So take your perfectly LEGAL copy of Windows, and um... sell it on EBay. Let us all know how FAR you get.

      The "First Sale" doctorine applies to merchandise. Windows is LICENSED to you.

      As a copyright holder, I can say "Your legal right to use this software exists only so long as your left ring finger is jammed into your belly button", and well, that's the price of the license. Don't like? Don't use the software! If I catch you using my software with your RIGHT ring finger jammed in your belly button, I certainly have the right to revoke your license, and if you keep using said copyrighted material, I then have the right to sue for damages.

      So, Microsoft has given Dell rights to SELL the license. You have rights to use the Windows software under the LICENSE so long as its generally used with the hardware you bought it with.

      If you don't like these terms, spouting mumbo-jumbo from the Commercial Code will get you a +2 insightful on Slashdot, but that doesn't mean it's correct. Don't like it? Don't buy it. Use Linux, as I usually do. But don't be stupid enough to believe that just because you don't AGREE with the terms means that you have the right to violate them as you see fit, and still have a license to anything at all.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    7. Re:Doesn't matter by Fulcrum+of+Evil · · Score: 3, Interesting

      read your windows eula buddy, or be ready to defend your rights under it it in a court of law.

      What eula? You buy the Pc, then wipe the disk. You never even saw the EULA, just sold off the software you had no use for.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    8. Re:Doesn't matter by Auckerman · · Score: 2, Informative

      As a copyright holder, I can say "Your legal right to use this software exists only so long as your left ring finger is jammed into your belly button", and well, that's the price of the license. Don't like? Don't use the software!

      That is incorrect. Copyright holders have no ability enforce an unaccept contract. If I don't accept the license, the default is NOT that I can not use the software. That is incorrect, the default is docterine of first sale. I own it, I can do what I want with it. There is NOTHING magical about software that suddenly it gets added protections that books do not.

      What you are suggesting is that it is perfectly legal to sell someone a product THEN inside the product have a contract that determines the use of that product. That's nonsense. I own it, I can do what I want with it, including sell it.

      --

      Burn Hollywood Burn
    9. Re:Doesn't matter by ThousandStars · · Score: 2, Informative

      I've installed a Dell XP OEM CD on VPC after wiping the install off the Dell HD and had MS activate it, so I don't think that's accurate.

    10. Re:Doesn't matter by mcrbids · · Score: 2, Interesting

      If I don't accept the license, the default is NOT that I can not use the software.

      Really? So, if (for example), SCO were to reject the "license" for the Linux kernel given persuant to the GPL, why, since they "bought" a copy of Red Hat, why, they can do what they want with it?

      Ever consider that you don't generally buy software, in any sense at all? As with renting anything else (EG: a DVD, an apartment, a car, etc) you get the right to USE it for a fee, so long as you honor certain conditions. I can see it now: "Your honor, when I paid the so-called rent for the apartment, I rejected the terms of the contract, and under the first sale doctrine, I had every legal right to chainsaw the interior - I can do whatever I want with it!".

      Methinks you need to finish at least that 1st year of law skool...

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
  21. About the name... by serutan · · Score: 2, Funny

    E510n -- at first it looked like an attempt to say something clever in leet, like "Easy-on," but apparently it's just a numbering scheme coincidence.

  22. Dell prices to value, not to cost. by team99parody · · Score: 4, Funny
    Of course the Windows-free one is priced higher.

    Even though Windows has a lot of cost - it adds negative value.

    Since Dell (and any company looking to please its customers) will price things based on the value the customers receive, it makes perfect sense that they have to compensate the end user for the negative value Windows inflicts on them (pain, grief, anguish, suffering).

    (seriously, however - On the Windoze box there's a bunch of third-party crap that Dell was paid to put on there - I know, I worked for a company that paid OEMs to pre-install crippleware in the hopes for upgrading -- and in effect subsidized the windows boxes. I suspect this is what's happening, and Dell's just passing on the subsidy).

  23. Re:Build it yourself? by Anonymous Coward · · Score: 2, Insightful

    Have you actually done a cost/benefit analysis? Have you done so for every other IT shop on the planet?

    The justification ought to be based on the answer to the question "Is the amount we would pay Dell (or another company) more, or less, than the cost of the hardware plus salary for someone to build/maintain the machines?". If it's less, it would make sense to do it - if it's more, it makes sense to go the Dell (or another company) route.

    Simply saying "If some shop has the time to screw with this stuff, they have too many IT staff and are pissing away money for nothing" doesn't cut it - there is no way that you can know that all IT shops would be pissing money away by doing that.

  24. Google Builds Their Own! by dj245 · · Score: 3, Insightful
    I buy ~250k/year of Dell PCs. We do not have the time, staffing or patience to sort through myriad component problems. They are all Dell Optiplex and Latitude machines with three year warranties and Complete Care. If it breaks, it's Dell's problem. We just don't have time for anything else. If some shop has the time to screw with this stuff, they have too many IT staff and are pissing away money for nothing.

    Hmm, Google does screw around with this stuff. Perhaps they have too many IT staff (although it is their business). Whether or not they piss away money can be debated when their profits triple next, or they go bust, whichever comes soonest.

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  25. No, not the case by Sycraft-fu · · Score: 5, Informative

    So couple of reasons. One is simple: The DMCA. Your OEM copy of Windows will not work on a non-Dell box. To make it do so, you have to modify it and such modifications would violate the DMCA. Though I disagree with the law it currently is the law and thus if you violate it you can be subject to criminal charges.

    The other is that even without that, software is kind of special. When you use software, you actually make a copy of it to your computer, something not necessiarly permitted by copyright law. Thus the permission comes in the form of an EULA, to which you must agree or you don't have that right. Well the EULA restricts this.

    Is that legal? Well, maybe. Notice that game rental sotres don't rent computer games, just console games. The reason is, of course, concerns over copying. However console games can be, and are, copied all the time. So what's the deal? Well, likely game companies have sucessfully used the EULA argument to stop rentals. Can't be done with console games. No copying, thus no legal problems, and doctrine of first sale allows the rentals. However with PC games the copying happens, thus the need for EULA agreements, thus the problem.

    Now like I said, all that's murkeir, might be that provision of the EULA isn't enforcable. However it's all moot, given the DMCA. You can't sell your copy of Windows using the provided key, it won't work, the key is Dell only. To modify Windows to use a different key is to break the DMCA which, retarded as it is, is the law.

    1. Re:No, not the case by Sycraft-fu · · Score: 2, Informative

      Perhaps all OEM copies work on all OEM systems, I haven't tried. At any rate OEM and retail copies work different. OEM copies get the license from the BIOS, they never ask you for a key. The license isn't on the media or on a card, it's part of the system. Retail copies ask for a key since the system has no license, it comes with the software (and is thus transferable). Volume copies also ask for a key, but it's a differnet range of keys and they do not activete copies, since one volume key can be used thousands of times.

      So I suppose you could theoriticly sell your OEM diesk to someone who has another manufacturer's computer, and certianly someone who has the same, but they are jsut buying media. If it installs, it's because the system already has a license on it.

    2. Re:No, not the case by Arker · · Score: 4, Insightful

      When you use software, you actually make a copy of it to your computer, something not necessiarly permitted by copyright law.

      No, it is specifically allowed by copyright law, it's the normal use of software.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  26. Depends on how the state defines a "sale" by tepples · · Score: 3, Informative

    You didn't buy it, you licensed it.

    A "copy" is defined by federal copyright law (17 USC 101) as a physical object in which a computer program is fixed, such as a hard drive or an optical disc. The "owner" of a physical object is defined by state law and is generally set up by a transaction called a "sale". Combine these and you get the "owner of a copy", who retains specific rights backed up by defenses under 17 USC sections 109 and 117 as well as fit-for-purpose provisions of state law. In order for the primary end user in a residential environment to not be the "owner of a copy", you generally have to have a transaction that is not a "sale". Courts interpreting state law, especially the Uniform Commercial Code, have tended to interpret a retail transaction in which somebody carries a box and cash to the cashier, sets them down, and walks off with the box and a receipt, as a "sale". See Softman v. Adobe.

    What legal precedent backs up your position? Or do you claim that the install package is encrypted and that the installer is an access control mechanism designed to condition access to the work on "authority of the copyright owner" under 17 USC 1201 and in turn condition such "authority" on acceptance of additional terms after the sale?

    1. Re:Depends on how the state defines a "sale" by Vengie · · Score: 2, Informative

      ProCD v Zeidenberg. Besides, Softman is CD Cal 01. You're better off referencing Vault v Quaid -- but that deals with reverse engineering. Furthermore, Softman deals with a distributor -- not an end user -- specifically the one that runs buycheapsoftware.com. Clickwrap/Shrinkwrap are valid, and as such, they enforce terms upon useage for end users. [I'm not saying this is a good thing.] Also, Softman is primarily about bundling of "Adobe Collections" and Adobe's trademarks. Also, in Adobe V Stargate [216 F. Supp. 2d 1051 (D. Cal. 2002)] the court explicitly passes on using Softman as precedent. A little Shepardizing never hurt anyone. If we're looking to be pedantic, we could reference Davidson v Internet Gateway, Specht v Netscape, Hughes v. McMenamon, et cetera ad infinitum.

      --
      When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
  27. Re:Build it yourself? by JediLow · · Score: 2, Insightful

    The only reason to buy Dell is their service - heck, they ended up giving me a new laptop 1.5 years after my old one because of issues I was having...

  28. You'll never get fired for recommending Dell. by WoTG · · Score: 5, Insightful

    I wouldn't ever consider building a PC for a client these days. Why build for someone as a consultant? You're just asking for trouble. Machines have fairly high failure rates no matter what brand or components you use. I'd rather point people to Dell so that when something breaks, I'm covered. =) Besides, with PC prices the way they are, how much can you save your clients anyway? Especially once you factor in the cost of your time.

    1. Re:You'll never get fired for recommending Dell. by shaitand · · Score: 4, Insightful

      "Why build for someone as a consultant?"

      People tend to call the company who built their pc's to fix them.

      "You're just asking for trouble. Machines have fairly high failure rates no matter what brand or components you use. I'd rather point people to Dell so that when something breaks, I'm covered. =)"

      And yet, somehow, Dell seems to turn a profit on these high failure rate systems. Dell offers a 90-120 day warranty. The odds of something going wrong with a pc in that time at all, and even more the odds of something going wrong in that time that is not billable are pretty slim. If you put 20 systems in a lab something has to go wrong with each and every one that takes several hours to fix before your cash flow goes out of the green and that is just on the initial sale. Even if you broke even after hardware difficulties residual business after the warranty term will put you back into the green.

      "Besides, with PC prices the way they are, how much can you save your clients anyway? Especially once you factor in the cost of your time."

      Not much. Of course you can offer them systems with increased reliability and/or performance than Dell can. Last I checked Dell and every other major brandname use the cheapest proprietary components on the market that will get them up to the "specs" that consumers are looking for.

      The other thing to consider is that while you will not beat the price of the Dell by much at least you will keep the profits instead of giving Dell a handout. You can offer your customer a superior machine at the same or lower price AND on-call in-house expertise that Dell can't even begin to compete with.

    2. Re:You'll never get fired for recommending Dell. by Anonymous Coward · · Score: 2, Insightful

      There's several valid reasons to do so... I just built 15 machines for a freelance consulting job for a local dentist office. My cost was around $350 or so... I sold the machines to them for $475... They got a good deal (Brand new, 2.8gig machines for 475 is a pretty good deal), a 5 yr warranty on most components, and I made $125 apiece. I made almost 2 grand just on the machines, plus all of the labor to set them all up. Plus, anytime they have any issues, chances are, they will call me. Thus I make a good profit now, plus good profit later. If I have any issues with anything (which I haven't so far) I can have replacement parts from my vendor next day. All of the systems are the same, and I made a restore disc using ghost, so reloads are a cinch. If I had sold them Dells, I wouldn't have made NEAR that much, and chances are support calls would go to Dell (after all they paid for a warranty right?) Also, if they needed additional machines, they would most likely seek out Dells, cutting me the middle man out. Also, I can hand screen the different components to ensure that they are quality, and will work good with their software (It requires specific brands of NICs, or it will give all kinds of errors.) So, ya why go with Dell, and cheat yourself out of extra income?

  29. Guess Microsoft Windows has really become a tax by Rolman · · Score: 4, Interesting

    I guess Microsoft Windows has really become a tax, when you see manufacturers doing similar things to what they do to avoid paying a duty and convert that to profit instead of passing the savings unto the customer.

    For all we know, it's supposed to be the other way around, because Microsoft shouldn't be offering the nice and heavy OEM discount to Dell anymore since they're violating Microsoft law by not selling PCs exclusively with Windows. Of course, most probably Dell is doing this on purpose, the ulterior motive being to put some pressure on Microsoft or other PC manufacturers.

    It's a strange world we live in...

    --
    - Otaku no naka no otaku, otaking da!!!
  30. Isn't this considered dumping? by SeaFox · · Score: 3, Interesting

    The FreeDOS boxes have always (as long as I remember) been more expensive than an equivalent box with XP.

    I don't understand why this is allowed to begin with. Wouldn't this be considered Microsoft (or Dell) "dumping" their operating system if they make consumers pay more to not get it. With the computers shipping with an operating system out of the mailing box, an alternative OS has a harder time even getting a trail run on the machine. Even if someone was specifically interested in an alternative OS, they would buy the Windows-preinstalled machine because it costs less. Then, well they could reformat the drive and install SuSe, Linspire, ect. But the machine is ready to go right now...

    1. Re:Isn't this considered dumping? by xenocide2 · · Score: 2, Informative

      Economically, maybe. Practically, no. Dumping laws are aimed at foreign producers. Microsoft, being a company developing software in America, probably can't be hit for importing product cheaper than its domestic competitors can (a common metric for dumping laws). Dumping laws are protectionist and rob consumers of value. Unfortunately, I've yet to see a consumer lobbyist group in Washington.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    2. Re:Isn't this considered dumping? by Gabrill · · Score: 2, Funny

      No this just proves that Windows actually has a negative retail value. For every installation of Windows you distribute, Microsoft with pay YOU the price difference! It's how hardware vendors make money on such low margins. Therefore, P2P distributors can prove that they are actually OWED money FROM Microsoft in the billions of dollars! OK, seriously, guys. I hope you don't believe a word of this.

      --
      Always going forward, 'cause we can't find reverse.
    3. Re:Isn't this considered dumping? by jrumney · · Score: 2, Interesting
      importing product cheaper than its domestic competitors can (a common metric for dumping laws)

      This does seem to be the metric used by the US, which is why a lot of their trade santions end up being declared illegal by the WTO. The internationally accepted definition of dumping is selling a product in a foreign country for less than its price in its home market. The fact that US manufacturers are inefficient should not enter into it.

  31. The reason it costs more... by fractalrock · · Score: 2, Informative

    The reason the 'open' box costs more than a XP machine is partially because of the amount of pre-installed crap...er...I mean *sweet* trial software which subidizes the cost of the hardware.
    Hasn't anyone here bought one of those unbelievably cheap 2.8Ghz/256mb/free 17" flatscreen/etc for about $400 after rebate? $400!
    If I were to newegg (verb) the same parts and build a machine from scratch it would be more than $400...not including the cost of the XP license (who knows what Dell pays for those anyway)
    For those who haven't bought or had to deal with one of these, it's a pain in the arse. It will take you about an hour to clean the system enough for a reasonably fast boot.

  32. Dell has tricky prices. by Futurepower(R) · · Score: 4, Informative

    My experience with Dell is that they have VERY tricky prices. Never buy something from Dell until you check all the coupon sites. Dell plays the game of having several divisions that price the same items differently. Prices sometimes fluctuate at each division more than once in a month.

    Basically, I have found Dell to be a very abusive company. The only reason I would buy from them is if they have something not available from somewhere else, such as the 2405FPW 24 inch LCD monitor made by Samsung and BenQ.

    If you do business with Dell, get a written warranty.

    Be careful about Dell employees. They sometimes act for themselves and against the interest of their company. Talking to Dell is like going into a rough neighborhood.

    My experience is that Dell is undergoing the social breakdown that is happening in other parts of the United States. One big example of the general breakdown is discussed in this transcript and video: Ike Was Right About War Machine. ("Ike" is former U.S. President and former Supreme Commander of Allied Forces in Europe General Dwight D. Eisenhower.)

    See also Andy Rooney speaks out against the war in Iraq.

  33. Informative? Plain old wrong. by Kjella · · Score: 4, Informative

    Is that legal? Well, maybe. Notice that game rental sotres don't rent computer games, just console games. The reason is, of course, concerns over copying. However console games can be, and are, copied all the time. So what's the deal? Well, likely game companies have sucessfully used the EULA argument to stop rentals. Can't be done with console games. No copying, thus no legal problems, and doctrine of first sale allows the rentals. However with PC games the copying happens, thus the need for EULA agreements, thus the problem.

    May I direct you to Exclusive rights in copyrighted works. I quote: "(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;" Nothing to do with copying. Nothing to do with EULAs. Not permitted by doctrine of first sale. Rentals are specifically named as an exclusive right. The console game companies want to license that right, the PC game companies do not. That is all.

    --
    Live today, because you never know what tomorrow brings
    1. Re:Informative? Plain old wrong. by Jah-Wren+Ryel · · Score: 4, Insightful

      May I direct you to Exclusive rights in copyrighted works. I quote: "(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;"

      May I direct you to Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord. I quote: "a) Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord."

      In other words, while the owner of the copyright can license for rental, if they sell the copy instead of merely renting it, then the right of first sale says they no longer have control over the where/what/when of that copy.

      --
      When information is power, privacy is freedom.
    2. Re:Informative? Plain old wrong. by MoogMan · · Score: 4, Funny

      Well, I'm glad we all cleared that up. Now I really know what I'm doing.

  34. Re:What's the big deal here anyway? by bedroll · · Score: 2, Insightful
    If the Windows box is cheaper, why not buy it so that you have a Windows license laying around in case you need one. It's not like it's going to hurt you to have a copy laying around in the even that say... you need it to do work from home.

    That's beside the point. The point is that this shows evidence of the "Microsoft Tax". You're paying Dell for Windows whether you get it or not. Maybe I already have a Windows license in my home and one is enough. Thinking like that of your post is what would seemingly validate the MS Tax, and contribute to the misconception that they are somehow owed money for each PC bought.

    Whitebox PCs should be a commodity that any manufacturer can sell. There is no reason to believe that a whitebox PC will have Windows illegally installed on it. Would you be making the same argument if RedHat managed to convince Dell that every Windows PC should have the negotiated price of a RHEL license included in the price because people may install it on their machines?

  35. Dell routines..? by ltning · · Score: 3, Interesting

    Can someone please explain to me one thing:

    Why was I told, by a Dell sales representative (our key account manager, actually), that "if I wanted to have a Matrox dual-DVI G650 card with my computers, I would *have* to accept that they came with WinXP preinstalled"??? I asked back, what does a piece of hardware have to do with any piece of software. And why on earth do they offer (now, but not when we placed our first batch of orders) a dual-DVI ATI card, for about half the price, WITHOUT requiring a WinXP installation?

    Let me try to get this straight:
    - I order a clean PC, and tell them I want a Matrox G650 card preinstalled
    ---> No can do, if you want the Matrox card preinstalled, you need XP preinstalled.

    - I order a clean PC, and tell them I want an ATI Xwhatever card preinstalled
    ---> No problem, do you want FreeDOS with that?

    And to top it off: I COULD have the Matrox card, OF COURSE, but then I'd have to install it myself.

    Yea right, install a frikkin' gfx card in 60 computers, thereby ruining much of my warranty - up yours.

    Puzzled, I am.

    --
    Love over Gold.
  36. about Dell politics and artificial pricing by Anonymous Coward · · Score: 2, Informative

    Having worked in the Dell management at Round Rock in Texas I can tell you that the production steps for an identical system without Windows XP are exactly the same, except software installation and a brief test of the system and harddrive which are basically unnecessary because all of the components have been tested already extensively. The actual production cost is exactly the same as a Windows machine minus the licensing fees(between $130 and $150 total) for Windows and other software and the labor for software installation and testing(perhaps $10). This means the price tag for a system without Windows is approximately $150 less. Any claims to the contrary are not true. What's happening is that there is still alot of internal politics and pro-Microsoft lobbying and brainwashing going on and is has been suggested not to pass on the cost savings of a Windows-free system to the consumer and we have been urged to deny that systems without Windows are saving us production cost in order to make them unattractive.

    Microsoft still has alot of control over our company politics which manifests itself in many ways e.g. anyone in sales is being instructed when asked about Windows-free or Linux systems to answer in a firm and confident manner: "I have never heard about that." and "There is no demand for that." This is the reason that in order to even get a Windows refund or merchandise credit the customer needs to speak to someone who is above the first level of sales. Sorry, but that's Dell politics for you. Fortunately things have started to change but very slowly.

  37. Not a Suprise, been buying from Dell for Years by Foo2rama · · Score: 2, Informative

    I have been buying from Dell in numerous capacities for years, and it is rare that you cannot find the same thing at diiferent prices depending on how you play with the site. There are different pricing models depending on consumer or business even on the same models. It get even more fun when you realize some of the business models are identical to consumer models, they just have different names and the base state is slightly different. Customize up and match them (if you know how to decode dells mobo obsfucation) and Voila!!! 3 or 4 different prices for the exact same thing. Now If you are a Dell prefered buyer you are supposed to get the discount you arranged right? HAHAHAHAHA not if you look!

    --


    ---In a time of Chimpanzees I was a Monkey.
  38. Re:No Windows Tax Puts *UP* the Price? Err... by ScentCone · · Score: 2, Insightful

    No. This just proves that Microsoft is paying Dell to jack up the price on systems without Windows on it. There are few other explanations.

    Dell should want to make money, selling the box for *more* when it does *not* have the Windows tax doesn't make much sense.


    Don't you realize what Dell is really selling? Support. People buy those machines because when something gets stupid on it, they'll take care of it. The spend most of their time talking dumb users through un-screwing personal settings, removing software they just put on, fixing TWAIN drivers for their scanners... that sort of stuff. To that end, they've got thousands of people trained exhaustively in XP support. There's an economy of scale in it, they're rigged up for remote admin of the machines, and have a huge infrastructure already built up to deal with it economically. Now, take a machine with Distro X on it, firewalled in some unconventional way, running some oddball... what? rootkit? Who knows. If a Dell tech (at a corporate cost of $Plenty per hour) has to stew about how to determine if the onboard video hardware they provided is faulty, or it's some distro's slightly broken compile of something... any and all margin they've made on selling that box is now gone (along with the cross marketing they can do with AOL, or MSN, or any other stuff that many of their end users end up buying).

    It's not a "Windows tax" - it's simply the thing they most often (by overwhelming numbers) provide to their customers, and it's what they're rigged up - logistically and contractually - to support. Ask a typical network support tech what he's likely to end up charging to deal with a PC that for some reason isn't spooling print jobs correctly - and then mention to him (since he's already assumed you're talking about Windows, and he knows which of three or four things to look for) that it's Linux machine. Maybe Mandriva, maybe Fedora. Maybe SuSE. Which version? Not sure. Etc. Completely different set of skills, different overhead needed. All of that has to be taken into account when Dell puts a price, in advance, on the machine.

    --
    Don't disappoint your bird dog. Go to the range.
  39. Re:Build it yourself? by ebuck · · Score: 3, Insightful

    Wow.

    It seems you need to hire an operations manager.

    You could be saving a little bit of up front cost to just piss away tens of thousands of dollars a month because you can't justify the cost of labor. Sure if you had the time, I'd warrant that you would have peformed a true cost-benifit analysis of maintianing the machines in-house. But by you're own words "We just don't have time for anything else."

    Sad truth is, you probably don't have time to properly account for the the time and money you waste by coordinating with Dell, and I'll wager that your company (by it's size in computer demand) is large enough that it's already utilizing resources just to track and coordinate the problem machines.

    Sure, it might only cost you a percent or two of profit, and changing could be the wrong decision (depending on the data you collect), but even a COMPUTER SCIENTIST knows that basic business classes provide ample opportunity for justifying decisions with real resons (cost / savings) than the cop-out, "We just don't have time for anything else."

  40. Won't work in all jurisdictions by Lonewolf666 · · Score: 3, Informative

    In Germany, there was a similar case a few years ago. A dealer unbundled PC hardware and Microsoft OEM licenses and sold them separately. Microsoft sued him and lost. At the Bundesgerichtshof to boot, which is the highest judical authority in non-constitutional cases. That makes the decision rather final.

    IIRC, the court explicitly applied the german equivalent of the "First Sale" doctrine, the EULA mumbo-jumbo nonwithstanding.

    --
    C - the footgun of programming languages
  41. Re:What's the big deal here anyway? by Just+Some+Guy · · Score: 3, Funny
    If the Windows box is cheaper, why not buy it so that you have a Windows license laying around in case you need one.

    I will never, under any conceivable circumstances, ever need it. I have as much use for a Windows license as your average vegan has for a nice, juicy steak - and every bit as much desire to have one delivered to my house.

    --
    Dewey, what part of this looks like authorities should be involved?
  42. TCO by mkcmkc · · Score: 2, Funny

    "So, I guess this just goes to show you Linux losers that Windows does have lower TCO after all..."

    --
    "Not an actor, but he plays one on TV."
  43. Of course by Jozer99 · · Score: 2, Interesting

    I work as an IT consultant, often helping small buisness purchase computers. Dell's pricing has been a nightmare forever. NOTHING is the same price ever. Identical Latitude and Inspirion laptops cost completely different prices, as with Optiplex and Dimension desktops. Some days theres a free monitor, printer, ect, but some days, for the same price, there is nothing. And identical computer sometimes cost different prices depending on which link you click.

  44. Windows has a negative value by random+coward · · Score: 2, Funny

    Why is this surprising everyone? Dell is simply telling us what we already know. Windows has a negative worth. It is a bad(as opposed to goods) and costs to get rid of, just like other garbage and toxic waste.