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How Open Source is Faring in Retail

SilentBob4 writes to tell us MadPenguin is running the first of two articles taking a look at the 'world of retail as Tux is experiencing it'. From the article: "Of the stores we visited, only Linspire Linux was sold pre-installed on computers in-store. Those FOSS boxes were often among the store's best volume sellers, primarily because they were the cheapest, according to store staff. The staff believed, based on conversations with frequent customers, that most customers were buying the boxes to install Windows on them. But that is not surprising to us, because, as we discuss in section two, brick-and-mortar "computer" stores are still part of the Microsoft distribution chain. The fact that there were some open source products at all in these stores is actually surprising, as Microsoft guards its distribution chain jealously, and punishes those business partners who stray into carrying FOSS products."

47 of 259 comments (clear)

  1. Surprised? by Jordan+Catalano · · Score: 2, Interesting

    "The staff believed, based on conversations with frequent customers, that most customers were buying the boxes to install Windows on them. But that is not surprising to us, because, as we discuss in section two, brick-and-mortar "computer" stores are still part of the Microsoft distribution chain."

    And if they sold systems with no OS, they'd sell like hotcakes. Take your pick: pirates or people sick of buying an XP license each time they want to upgrade to a new machine without the trouble of buying it part-by-part?

    1. Re:Surprised? by oKtosiTe · · Score: 2, Informative

      The point is that if you sell your computers without Windows pre-installed, Microsoft won't fund a large part of your advertising campaign, will not lobby for you to their partners, etc.
      There's a very good reason why so many manufacterers "recommend Windows XP" for using their products.

  2. wow... by joe+155 · · Score: 3, Insightful

    I'm amazed that you can actually find a computer that comes with anything other than Windows pre-installed. This has to be at least one step in the right direction though. Even if people are only buying them to put windows on the effect on the market will be the same as if they were going to become hard-core open source supporters. It still gives a bigger market share to this stuff, and with bigger market shares bigger companies want to get in on the action... then it snowballs

    --
    *''I can't believe it's not a hyperlink.''
    1. Re:wow... by Ucklak · · Score: 2, Informative

      Fry's Electronics does it. They have a 4 foot section on one of their aisles with a GQ computer (their brand) with a Linux Distro pre-installed and a Linspire set pre-installed as well.

      --
      if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
    2. Re:wow... by Crilen007 · · Score: 2, Informative

      Hi. Mac.

      Nuff said.

    3. Re:wow... by sud_crow · · Score: 4, Interesting
      Actually, it isn't that amazing, for the sellers is just reducing costs, and so improving sales, as we all know that cheap sells more.

      Anyway, It doesnt really help around, no one will keep the Linux OS, unless they find someone who has it too (so they can share something, at least get some questions answered), they will wipe it out and install a pirate Windows as soon as the kids neighbor brings he's last game, or dad comes with his compay soft. Thats the ugly truth on pre-installed soft, at least here.

      Here in Argentina almost all of the electrodomestics and supermarkets chains that commercialise PCs have Linux pre-installed, there is even a local Linux company selling Linux Distributions to these chains (the distribution has much the ways as Linspire, they DO NOT SHARE what they build, they only (ab)use GPL'ed software and build around propietary configuration apps, and give support for the distribution to the final user), this company even implemented a License KEY, just like Windows, so you dont copy the ISO... Which is quite depressing.



      Most of the employees tell them to get a technician, format the drive and install a pirate windows, even some of them go do the work as an extra influx of money.

      I just think that this kind of things give Linux a bad reputation, they make people believe that its trash and that 'nothing works', so you have to go to windows, which of course they dont pay, because if they actually had to put 1 buck for it, there we would see some massive migrations to Linux.
      --
      no sig
    4. Re:wow... by rm69990 · · Score: 2, Funny

      Yeah...I was even more amazed the other day. I came across this computer from a company named "Apple", and it didn't come with Windows either! A lot of these no name companies tend to not include Windows though ;-) (just kidding btw)

    5. Re:wow... by Arandir · · Score: 2, Insightful

      (just kidding btw)

      I'm not. I'm starting to get tired of cult of victimization. Microsoft may be a 500 point gorilla, but it is a 500 pound gorilla that can't take your money without your permission. Since the days of the first IBM PC there have been alternative systems. Some of them, like the Mac, are even household words.

      Whiner: "Microsoft doesn't give me any choice"
      Realist: "Get a Mac"
      Whiner: "But you can't build a Mac yourself"
      Realist: "So go build a PC *without* Microsoft!"
      Whiner: "But Macs are more expensive"
      Realist: "Go buy a Mac Mini"
      Whiner: "But it doesn't have the horsepower of a $3300 Alienware!"

      --
      A Government Is a Body of People, Usually Notably Ungoverned
  3. That's OK by timeOday · · Score: 3, Funny
    I buy and wipe boxes with Windows to install Linux.

    I hereby grant my unused Windows Licenses to Linspire "customers."

    1. Re:That's OK by Nos. · · Score: 3, Insightful

      By buying a PC with Windows, you are paying the "Microsoft Tax" as people like to call it. So, you're basically handing MS a cheque, and then not using their product. Not sure why you'd want to do that.

    2. Re:That's OK by sammy+baby · · Score: 3, Insightful
      By buying a PC with Windows, you are paying the "Microsoft Tax" as people like to call it. So, you're basically handing MS a cheque, and then not using their product. Not sure why you'd want to do that.

      Because sometimes, the price to the consumer winds up actually being cheaper even with the cost of the "Microsoft tax." That's because larger suppliers can get better deals at every point of the supply chain. The extra money for Windows doesn't necessarily wipe out that advantage.
  4. MS punishing for FOSS? by PFI_Optix · · Score: 4, Informative

    I've worked for both a retail outlet and two small OEMs, one of which is a Microsoft gold OEM partner, or whatever that program is now.

    At all three places we talked openly to MS reps about offering Linux to keep prices down. At one of the OEMs we went from all MS to about 20% Linux in the space of a year. Not once did any of that hurt our relationship with them. This sounds like a bunch of FUD to me.

    --
    120 characters for a sig? That's bloody useless.
    1. Re:MS punishing for FOSS? by christian.einfeldt · · Score: 5, Interesting

      Hi Slash Veteran, You are right. Linux is not doing well in retail right now. That is the point of my article. There is growth, but it is slow. Please read the article more closely. The point of the article is that big box retail is a sustaining channel for Microsoft. Linux and FOSS are growing in what Harvard Biz Prof Clayton Christensen calls "disruptive channels."

      For example, when Sony first came out with transistor radios, which were disruptive of RCA's big desktop radios, none of RCA's channel partners would carry Sony's transistor radio "toys for teenagers", which were considered by RCA's best customers, adults who wanted high sound quality, to be crap. Instead, Macy's picked up the transistors, and Sony grew its distribution chain from there. RCA is now a shadow of its former self, because it couldn't figure out how to get transistors into its "best products". Microsoft can't figure out how to monetize the production of open source code, and THAT is the key nature of the challenge that Microsoft is facing. THAT is the point of my story. The distribution channels are changing. This story just documents one key little step in the the change, as Microsoft's distribution channels slowly take on the disruptive products from open source challengers.

    2. Re:MS punishing for FOSS? by Nightspirit · · Score: 3, Informative

      For those not in the know, "I work for..." is a fark cliche. It's a joke.

  5. Exactly by Serapth · · Score: 2, Insightful

    This has very little to do with how Linux is doing at Retail. It has everything to do with if given the chance to pirate an OS, will people do i?

    Then again, im not really shocked. I think to some degree people view pirating an OS or pirating from Microsoft in general as a lesser form of pirating.

    1. Re:Exactly by Remedy_man · · Score: 4, Interesting

      What makes us assume that we are pirating the software? Is it not possible (mind you I didn't say probable) that they are actually upgrading their system? Where does the customer agreement state that they can't use it on a new computer as long as it is not on any other computer? Maybe they are actually removing it from the old system, or maybe their hard drive failed completely and they are taking this opportunity to upgrade their system. Does this qualify as piracy?

    2. Re:Exactly by aj50 · · Score: 5, Informative
      That depends. If you got windows with your pc like almost all home users do, then yes.

      OEM operating system licences live and die with each pc - they are not transferable

      http://www.microsoft.com/uk/windows/licensing/howt ouse.mspx

      --
      I wish to remain anomalous
    3. Re:Exactly by Joe+U · · Score: 2, Informative

      Fine, I'll make sure to move a plastic jumper from my old PC to my new one.

      Now it's not a new computer, I just replaced some worn out (and now broken, due to some strange lack of jumpers) parts in my old PC.

      Just because Microsoft says you can't do something doesn't mean they're right.

  6. Punish? by jamesl · · Score: 3, Insightful

    Microsoft guards its distribution chain jealously, and punishes those business partners who stray into carrying FOSS products.

    And the source for this little gem is what? Do you suppose the DOJ would be interested if it were true? Do you suppose that MS' competitors would be screaming if it were true? Do you suppose that with the size of MS' market, the number of retailers and speed of the internet, if this were true it would be on the front page of the New York Times, Washington Post and Wall Street Journal?

    1. Re:Punish? by christian.einfeldt · · Score: 2

      Hi xxxJonBoyxxx, I didn't miss the point of free being the F in FOSS. To the contrary. The point is that FOSS will grow in disruptive channels such as LUGs, magazines, books, etc. That is why I video'd the Borders Store. Look at all of those books, many of which have distros in them. The value has shifted, as Harvard Biz Prof Clayton Christensen has said, from the operating system, to the ease of acquisition of installing and customizing your OS exactly the way that you want to do so. There will be many paths to this greater level of customization. Big box retail will only be one path, and it probably won't be the dominant path, IMHO.

    2. Re:Punish? by christian.einfeldt · · Score: 2, Informative

      Microsoft guards its distribution chain jealously, and punishes those business partners who stray into carrying FOSS products.

      And the source for this little gem is what? Do you suppose the DOJ would be interested if it were true?


      If you read the article closely, you will see that the source spoke to me on condition of anonymity. The source is someone who works in retail tech, and knows whereof he / she speaks.

      The point is that people are so afraid of the ramifications of giving quotes like this that they won't speak except on condition of anonymity. Face it, Microsoft is a bullying monopoly that abuses its market control to this day.

      Oh, and as to the DOJ that you are supposing will take action, would that be the same DOJ that settled the prior anti-trust case against Microsoft with a slap on the wrist?

    3. Re:Punish? by christian.einfeldt · · Score: 2, Informative

      If you read the article closely, you will see that the source spoke to me on condition of anonymity. The source is someone who works in retail tech, and knows whereof he / she speaks. Crediting your information (in the article) to " ... a Mad Penguin (tm) source who spoke on condition of anonymity." gives it no authority.

      Mainstream news media do this all the time, and I'll bet you don't question it. The news media would loose its ability to challenge the powerful without anonymous informants. In this particular case, I spoke with a limited number of sources, and the source wanted to know who else was quoted in the article before speaking. The source was concerned that even a reference to his or her industry, in the context of the article, would have provided enough information to identify him / her. That's how afraid people are of Microsoft in this industry. The profit margins are so thin and people in retail are so vulnerable that a change in just tenths of a percent in revenue can destroy careers. My source was not willing to risk his / her career over a magazine article and demanded absolute anonymity.

      I had the choice to publish and give my readers the statement, or not publish, and give Microsoft essentially the power of a censor over this aspect of the story. I chose the latter. Of course, you, as the reader, are the ultimate judge of credibility. I accept whatever judgment you pass. That is your perogative. But do please consider the fact that few people in the tech press really challenge Microsoft, because if they do, they will lose access. Microsoft controls the tech press through self-censorship in many instances.

    4. Re:Punish? by ClosedSource · · Score: 2, Insightful

      The DOJ didn't "fold". They just decided not to bother using taxpayer's money to force MS to provide Sun's JVM in Windows. MS paid the protection money to Sun (again), so Sun stopped lobbying against them. MS paid protection money to AOL, same result. MS paid money to Real, same result.

      You didn't really believe the orignal DOJ case was all about the consumer did you? The case came about through the efforts of competitors and once they received their money no further action was needed or taken. Business as usual in Washington.

  7. Remember 1998? by Otter · · Score: 2, Insightful
    Remember how back in 1998 ("The Year Of Linux On The Desktop!") you couldn't turn around in a CompUSA without knocking over a stack of Corel or Mandrake boxes?

    You don't need fancy sociology about "disruptive technology" to explain why Linux distros do or don't have prominent in-store displays. If the makers write their checks to the store, they get their displays; otherwise, they don't.

    1. Re:Remember 1998? by kubevubin · · Score: 2, Interesting

      I work at CompUSA, and we have Linspire, SUSE, and Xandros right next to Microsoft's paid displays. I'd go so far as to say that their numbers aren't terribly unbalanced, either. Considering the fact that Microsoft pays for approximately 75% of the space in that aisle, I find it rather interesting that no version of Windows XP represented in that aisle outnumbers each Linux product by more than a 2:1 ratio.
      As for the lack of experience, yes, I'll certainly agree with that. However, I, personally, tried for approximately two months straight to like Linux, and I just couldn't find my groove. I've tried Debian, DSL, Gentoo (not first, naturally), Knoppix, Kubuntu, Linspire, Puppy, Slackware, SUSE, Ubuntu, Vector, and Xandros. Of those, I found Ubuntu to be the one that I came closest to liking, but there were numerous usability issues that I, an intermediate-advanced Windows user just couldn't get over.
      Although installing and uninstalling software is quite simple, I feel that managing device drivers requires more effort than can be expected of the typical consumer. I hate the command line in Windows, and I don't like the terminal in Linux. Why should installing video drivers with proper OpenGL support be such a chore?
      Getting back to software management, however, why should I have to deal with uninstalling a bunch of software that I don't want? Gentoo is just too much for a Linux newbie such as myself to deal with, so I'd prefer a distro that is pretty barebones in terms of its software offerings, yet doesn't require such a laborous setup process.
      With Windows, at least uninstalling software is kept to a minimum in my case. I uninstall only Outlook Express and Windows Messenger (using XPlite), then I begin adding my software. I realize that uninstalling software in Linux isn't difficult, but it's a step that I shouldn't have to take. And seeing as how I hate the default software selection in most Linux distros, I don't see this as being a problem that's solved anytime soon. And if it isn't the software selection itself that I hate, it's the window manager.
      I won't get into the other usability issues, as there are already a ton of comments for this article, and this with either get lost in the shuffle entirely or be modded down for trolling (which I'm certainly not intending to do). Or both. Instead, I'll conclude with this:
      The article makes a great point at one point, in that the adoption of Linux amongst the mainstream relies solely on the attitude of sales people. Unfortunately, whenever somebody such as myself takes the time to legitimately try to ditch Windows in search of an alternative, the learning experience typically scares him/her back to using Windows. I've discussed Linux with numerous customers, and I give them my honest opinion. Unfortunately, as of right now, my opinion of Linux is rather negative. I realize that there's plenty of potential, however, and - as a result - I continuously keep an eye on the progress made within the Linux community.

  8. customer support needs to be there first... by vacorama · · Score: 3, Insightful

    i think a big problem is a lack of people who could answer any questions on these machines. i bought a 500$ linspire laptop at walmart. the price was cheap enough and the CNR service was pretty cool so i figured, 'why not?'.. after playing around a bit i ended up selling it to a friend after i a got a new power book.. anyways, the amount of questions i got about that linspire machine (how can i set up my printer, why can't my kids use for school, etc..) was a headache enough.. i couldn't imagine a big box store that would be willing to deal with this type of feedback for one type of product.

    1. Re:customer support needs to be there first... by Strudelkugel · · Score: 2, Insightful

      i think a big problem is a lack of people who could answer any questions on these machines

      That and a lack of hardware quality. I non-technical friend of mine, a certified, card carrying Microsoft hater, bought a Linspire box from Fry's. The first thing he did was try to get a printer to work. He spent hours doing that, then finally took it back to the store. Turns out there was a hardware problem. So if time is worth anything, the Linspire became quite a bit more expensive than the $180 he spent for it.

      I would guess many of the Linspire boxes sold at Fry's are bottom of the barrel in terms of hardware quality, given how that store operates.

      --
      Imagine how much harder physics would be if electrons had feelings! -Feynman, maybe
  9. Re:Ridiculous argument by Ash+Vince · · Score: 2, Interesting

    Why on earth would anyone buy a PC with linux preinstalled only to install windows on it? Most PC's with Linux preinstalled are alot more expensive than those bundled with Windows XP Home.

    I know microsoft got into trouble a few year ago for charging PC distributers for a copy of Windows (Or DOS maybe, oh shit I feel old) even when they requested a different OS preinstalled. Several years later they were fined and told to stop but they appear to have just found a more subtle way of achieving the same result - you want to use something other than Windows, you have to pay more for the previledge.

    --
    I dont read /. to RTFA, I read /. to offend people in ignorance.
  10. Check MicroCenter by Anonymous Coward · · Score: 2, Interesting

    They have been running diskless Linux terminals on the POS stations for years. But they would let anyone know it because they are afraid of MS.

  11. Re:That is a shocker by Anonymous Coward · · Score: 2, Insightful

    Build. Your. Own. F'en. Systems. And. Stop. Bitching.
    Who, exactly, is forcing you to buy hardware with Windows installed on it?

    If you really want to buy your systems complete, Dell sells Linux systems or systems with no OS.

  12. From a slightly different angle... by mccalli · · Score: 4, Informative
    I misinterpreted the title at first, and thought it might mean Linux in the retail industry. I'll pass this anecdote on anyway though.

    In the UK, the PC World chain is the main purveyor of PCs at retail. It, err...well. How shall we put this? It doesn't have the greatest reputation for knowledgeable staff and customer service. Alternative names I've heard for it are PC Woe and The Purple Temple Of Sadness (which is the best term I've heard for the place).

    As you'd expect, it pushes cheap* PCs and whilst the odd Mac sits at the back somewhere, it's pretty much a Windows-only place, happily pushing Microsoft Anything and Norton at people.

    It came as a surprise then, when I needed to grab a router right that moment and so went in, to find internal stock lists and part numbers getting checked using OpenOffice spreadsheets. Interested, I had a word with the guy doing the check and he said OpenOffice was used throughout the store.

    I'm not certain as to whether he meant just that store or the entire chain, but it was interesting to see OpenOffice having taken over a shop so strongly identified with WinTel and Microsoft-only solutions.

    Cheers,
    Ian
    *Not that I have anything against cheap PCs - all depends on people's needs really.

    1. Re:From a slightly different angle... by Lehk228 · · Score: 2, Insightful

      not strange at all, they either pay an ouside company to host their site, or they bought a pre-packaged solution that uses asp and IIS.

      in a business environment you don't have time for brand loyalty when your competitor is shaving $0.03 every transaction cost by going with the best deal regardless of brand.

      --
      Snowden and Manning are heroes.
  13. So,,, what's the problem here? by dedazo · · Score: 3, Insightful

    Can't RTFA but discounting the usual Slashbot FUD that Microsoft 'punishes' those who stray into selling Linux (or whatever)... what exactly is the problem here? That retailers "should" sell Linux because "everyone" knows it's "better" than Windows? What is the rationale for expecting Circuit City to sell boxes with some other OS preinstalled?

    --
    Web2.0: I love when people Flickr my cuil and digg my boingboing until my google is reddit and I start to yahoo
  14. Re:I wonder... by Illbay · · Score: 5, Insightful
    Have you ever noticed how many people are still running Windows 2000 Professional? There really are a slew of them

    I suspect that, years after Vista is released, you will still find a BUNCH of machines running XP.

    One thing I have noticed is the maturity -> longevity effect for computer hardware and software. Years ago, the rapid pace of hardware development and the commensurate evolution of end-user software meant that a three-year-old box was not just NOMINALLY obsolete, it was obsolete IN FACT. New hardware peripherals and (above all) new applications could effectively not be used on systems just a couple of years old.

    Nowadays, however, even though an Intel or AMD processor-based system from four years ago might have rings run around it by current stuff, the old systems are still very serviceable and can run almost any software you car to install short of the latest games. And they can be upgraded enough (e.g. video card) where even the "gaming barrier" can be negotiated in large part.

    I suspect that a brand new AMD64 X2 processor-based system of today will stil be VERY useable eight years from now despite the advent of Vista or any other software technology. They're just not really coming up with very many "new things" to do with a PC (look at MS Excel 2003, for example. Does it REALLY look or work that differently from a Windows-based Excel spreadsheet from ten years ago?)

    And FWIW, you can ALWAYS take an obsolete box, install the latest Linux distro onto it, and breathe new life back into that puppy like you wouldn't believe.

    People are keeping their automobiles longer now, and I'm sure that's coming to be the same for PC systems.

    --
    Any technology distinguishable from magic is insufficiently advanced.
  15. It's not all Microsoft's fault by Blacklotuz · · Score: 4, Insightful

    Every time I read a slashdot article about linux it seems like all the Linux fanboys do is blame Microsoft for keeping Linux down. While I do know that Microsoft has forged some exclusive deals with PC manufacturers, I don't feel that thats the main reason why people arn't adopting Linux. I frequently build my own systems and have plenty of experience installing Linux, but I chose to use Windows as my primary OS. Linux is still lacking in many areas and if I were to try to switch the rest of my family over it would be a nightmare. Windows does have its own flaws but all in all it's the best thing on the market for most people. Back in the day of Windows 95/98 the OS bluescreened at least once a week and full OS crashes were constant, but with XP I hardly ever experience a full OS crash and I leave my system up for weeks at a time. It's usualy third party applications and drivers which cause the crashes I deal with but people are quick to blame Microsoft for these faults. A good example is my firefox install, which has been crashing quite frequently recently. I know this is probably caused by a poorly writen extension but yet I find myself thinking 'Damned Firefox'. I have a feeling that when a third party app causes trouble people are quick to blame Microsoft.

    1. Re:It's not all Microsoft's fault by Machina+Fortuno · · Score: 2, Informative

      Bingo...! Finally someone out there who recognizes functionality as prime. Hehe, I use Windows... and for you Windows bashers out there, I haven't had a problem with it. So I have something you don't, compatibility. Windows gets plenty of bad PR, especially on a site like this, and I think that sometimes you guys lose sight of the fact that you are supposed to be able to use a computer, lol. Windows is easier... period. And about blue-screens/crashes/attacks - none here. I restart frequently and take care of my stuff, if you don't... and you have Windows - maybe it should crash, just to teach you a lesson (stop downloading so much porn).

      --
      ...
  16. Re:That is a shocker by yo_tuco · · Score: 5, Informative

    "Yes, you can do that, yes, it is legal, and no, MS is not stopping people from doing so."

    Maybe now you can after this poor dude, David Zamos, tried to sell his copy, and faced the wrath of Microsoft's lawyers. But David fought back. An amazing and sad story, IMHO, how big corps expect us pee-on consumers' to just roll over.

  17. Re:That is a shocker by aichpvee · · Score: 2, Informative

    Convertible tablet PC. You know anywhere that sells one without an OS or pre-installed with Linux? Because I certainly haven't seen one.

    --
    The Farewell Tour II
  18. Re:I wonder... by westlake · · Score: 2, Insightful
    And FWIW, you can ALWAYS take an obsolete box, install the latest Linux distro onto it, and breathe new life back into that puppy like you wouldn't believe.

    This assumes there is no fundamental change in how a PC is used.

    Vista for the home is a media center oriented OS and specifically an HD-media oriented OS. Audio and video. In 2006 that is marketable, in 2009, and beyond, that may be essential.

  19. Wal-Mart is FOSS's Friend by wsanders · · Score: 2, Insightful

    It was Wal-Mart, the only retail company in the World big enough to kick Microsoft's ass down the street like a leaf in the wind, that did the Linspire thing, right?

    Wal-Mart will go to any means to sell a computer $0.99 cheaper than the guy down the street. They will lead a FOSS retail revolution, if the right distro can be pulled together.

    Like laws and sausages, retail computer marketing is not pretty.

    --
    Give a man a fish and you have fed him for today. Teach a man to fish, and he'll say "WHERE'S MY FISH, YOU IDIOT?"
  20. Re:Maybe by dwandy · · Score: 2, Informative
    Yes, you can enter into a contract to not move the software to another computer (and using an OEM version of Windows is absolutely considered entering into such a contract.)
    So you will accept as legal contract
    "By accepting this BRICK through your WINDOW, you accept it as is and agree to my disclaimer of ALL warranties, express or implied, as well as disclaimers of all liability, direct, indirect, consequential or incidental, that may arise from the installation of this BRICK into your building."
    which I will attach to the brick I throw through your window? cool.
    --
    If you think imaginary property and real property are the same, when does your house become public domain?
  21. Installing Windows on them? by Kilz · · Score: 2, Insightful
    The staff believed, based on conversations with frequent customers, that most customers were buying the boxes to install Windows on them.


    Have the people who think this ever tried to do a Windows install on a computer that didnt have it pre installed? If they think Linux is hard to install they have no idea the problems they will run into. Where are they going to get the drivers? That modem, sound card, and video card will most likely not work right if at all. How are they going to get the drivers with no internet access because the modem/ethernet card isnt working?
    Are they going to try and use a reinstall disk? The ones that everyone loses within a year? Are they going to use a downloaded copy? The one that isnt going to pass the "genuine windows" check that lets you download updates?
    All in all they must have asked a bunch of high school kids working for minimum wage with no idea what they were talking about.
    --
    I trust Microsoft as far as I could comfortably spit a dead rat
  22. Re:That is a shocker by ozmanjusri · · Score: 2, Informative
    You know of a good place to buy empty laptop cases and parts to put in them?

    This is a good place to start. http://techbuilder.org/recipes/163101045

    --
    "I've got more toys than Teruhisa Kitahara."
  23. Yes, court proven punishment. by twitter · · Score: 2, Interesting
    You might also point out that a company that publically threatens a distributor as large as Dell would think nothing of crushing a smaller "partner." Thanks to the anti-trust trial, such intimidation is http://www.eweek.com/article/0,3658,s=1884&a=24242 ,00.asp">public knowledge. Thanks also to the internet archive for keeping coppies.

    See here for original story of the "delicate dance" vendors are expected to perform.

    --

    Friends don't help friends install M$ junk.

  24. Umm... by Digital+Dharma · · Score: 2, Funny

    Did anyone else read that as "How Open Source is Farting in Retail"?

    --
    End of Line.
  25. You will be suprised ... by cachimaster · · Score: 2, Informative

    ... but I live in latinoamerica (Argentina) and at least 50% of the computers come with some form of Linux, and its even announced like some technology great and new. Only Compaqs and high-priced PCs come with a original copy of Windows. It`s not a joke, i gonna take a picture of the ads and post somewhere. Linus gonna piss their pants!

  26. Re:Maybe by alienw · · Score: 2, Informative

    You have a totally screwed-up conception of how the law works. You are almost completely wrong, on every point.

    the first is the one you mention: it's delivered after-the-fact. you've already bought the s/w, and a lot of stores won't take open boxes back, so it's a major headache if you don't agree with the terms.

    You don't BUY the software. You pay money in order to enter a contract with the owner of that software. By paying money, you have acknowledged that you accept the terms of the contract, whatever they may be. Generally, you can read the EULA on the manufacturer's website or request that they send you a copy.

    Second, the terms are unilaterally imposed. You have no opportunity to negotiate the way you could/would if you were in fact negotiating a contract.

    This is true of almost any contract. If you are entering into a contract with a company, it's generally a take it or leave it proposition. Try negotiating the terms of your cellphone contract, or an apartment lease, or an insurance policy. Hell, most contracts these days even restrict you from disputing the terms of that contract in court -- and this is legal! Read up on mandatory arbitration provisions someday.

    But for me, the biggest concern (illustrated by the Brick EULA) is that they can list any kind of terms they want. How legal the terms are comes down to a judge. Companies add all kinds of additional terms that simply don't exist in property law: neither physical nor 'intellectual'.

    That's kind of the whole point of a contract -- to impose requirements onto two parties that are not already imposed by law. The parties of a contract are already expected to follow all applicable law. After all, there isn't a law that says you have to pay $55.84 a month to have a cellphone and that you have to pay $400 if you decide to cancel service.

    Copyright law allows content owners to decide who gets their content, but the EULA extends this authority over how you use the content.

    Wrong. Copyright law prohibits anyone from using a copyrighted work without the owner's permission. The copyright owner is free to impose _any_ conditions they may require in exchange for permission to use the content. There is nothing in copyright law that says software has to be sold for a fee or that licenses have to be indefinite. If I wanted to, I could lease software for a monthly fee or prohibit you from using it to harm animals or prohibit you from talking about it to anyone. This would be perfectly enforceable.

    Once Ford has sold you the car, they have (essentially) ZERO say over how you use it.

    That's because Ford _sells_ you the car. Software is licensed via a contract, not sold. If you _lease_ a car from Ford, they could do any of the things you mentioned. For example, they could make the lease non-transferable, require you to keep the car clean, specify what kind of parts you can use, specify that they are not liable for accidents, restrict your right to sue them in court, and even specify how many people can ride with you. As long as your name is on the dotted line, it's perfectly legal to do this.