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Buy PC Without an OS... Get a Visit From MSFT?

sebFlyte writes "'Don't sell PCs without operating systems or we'll send the boys round.' That seems to be the general message coming out of microsoft's antipiracy unit, according to ZDNet. While MS seems to accept that people might want to get hold of PCs without Windows so they can put Linux on them, they don't think that's a good enough excuse. "We want to urge all system builders -- indeed, all Partners -- not to supply naked PCs. It is a risk to your customers and a risk to your business," says Microsoft. The FSF has given this policy short shrift, saying: "It looks like a private sniffing service which is supposed to spy on these who do not want to pay the Microsoft tax anymore. It is an incredible piece of impudence.""

36 of 639 comments (clear)

  1. Here we go again by liliafan · · Score: 3, Insightful
    All I can say is thank God I build all my own systems, forcing people to buy something they don't want is a really unethical extortion racket, if I need to buy any prebuilt machine in the future I will always take the time to look for that 5% of dealers that will not make me purchase an OS.

    Does a move like this do anything to effect all the current antitrust cases?

    TFA:

    We want to urge all system builders -- indeed, all Partners -- not to supply naked PCs. It is a risk to your customers and a risk to your business


    This sounds a lot like a veiled threat to me.

    --
    GeekServ Unix Consulting Services (http://www.geekserv.com)
    1. Re:Here we go again by PFI_Optix · · Score: 3, Insightful

      This sounds a lot like a veiled threat to me.

      Finish the quote:

      "...with specifically 5 percent fewer opportunities to market software and services."

      It's a risk to your business because you miss out on opportunities for profit. Not because MS will send goons over to "buy you out".

      --
      120 characters for a sig? That's bloody useless.
    2. Re:Here we go again by PFI_Optix · · Score: 3, Insightful

      I was pointing out that context was thrown out the window when the quote was cut mid-sentence to make it sound menacing, when it really wasn't.

      I don't know what MS is saying is the danger for end users, aside from the obvious that they want people to think that Linux is a risk (just like some Linux zealots say about MS) and are concerned about piracy.

      From the scanned article linked in TFA:

      1. To install their own software
      2. To transfer software from an old machine
      3. To install Linux
      4. To take advantage of a volume licensing agreement

      Now, you might make a great leap and infer that 1 and 2 point to piracy, but generally it's assumed that "their software" is legally theirs, and this old machine has a tranferable license (as in, non-OEM).

      The point being made by the scanned article is that a lot of buyers are planning on using an "old" OS...I would assume non-XP is implied here. What they're wanting is for OEMs to determine why people are ordering naked PCs and see if they can find a way to pitch Windows to them. It's a win/win for MS and the OEM...both would turn a profit off the sale.

      --
      120 characters for a sig? That's bloody useless.
    3. Re:Here we go again by dwandy · · Score: 3, Interesting
      All I can say is thank God I build all my own systems, forcing people to buy something they don't want is a really unethical extortion racket, if I need to buy any prebuilt machine in the future I will always take the time to look for that 5% of dealers that will not make me purchase an OS.
      Can you get naked laptops from a resonable/reliable manufacturer?
      I remember a few years ago there was some kind of talk about 'returning' windows licenses...does that work? did it ever?
      I don't see me buying too many desktops anymore - the freedom/power to cost ratio is low enough that I foresee all my future computers being laptops, and my last one came with XP on it...so even though FC5 will go on it shortly, I still paid the M$ tax...

      anyone?

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    4. Re:Here we go again by kimvette · · Score: 3, Informative

      Microsoft USED to have a 30-day unconditional money back guarantee but now they engage in fraud by claiming it is still in effect. See http://www.digg.com/software/College_Student_Beats _Microsoft_in_$143.50_Legal_Battle

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  2. Build your own by plopez · · Score: 4, Interesting

    Or get a non-partner reseller to build one for you. Cut the partners out of the loop. MS control is through the partners, if they fear MS will cut off their air supply, they will comply. Instead, hurt them by boycotting their products.

    --
    putting the 'B' in LGBTQ+
    1. Re:Build your own by DerGeist · · Score: 5, Funny
      Or just blame piracy. See, it's win-win. Blaming piracy can never lose because it's unfalsifiable.

      Blame pirates, being suing people randomly/needlessly. There are three possibilities:

      1) Sales go up (The pirates were the problem! Let's kill the bastards!
      2) Sales go down. (We aren't being harsh enough on the pirates! They're still stealing from us, we need to crack down harder!)
      3) Sales stay the same. (The pirates are still pirating as much as they always have, we need to send a firmer message! KILL THE PIRATES!)

      By blaming all their problems on the invisible spectre of "pirates" companies can justify virtually any legal action and come out looking fine since, after all, they were just protecting themselves against those damned pirates.

      I also nominate myself for the Award for Post with the Most Uses of the word "Pirate."

    2. Re:Build your own by Steffan · · Score: 5, Insightful
      "Or just blame piracy. See, it's win-win. Blaming piracy can never lose because it's unfalsifiable. Blame pirates, being suing people randomly/needlessly. There are three possibilities:
      1) Sales go up (The pirates were the problem! Let's kill the bastards!
      2) Sales go down. (We aren't being harsh enough on the pirates! They're still stealing from us, we need to crack down harder!)
      3) Sales stay the same. (The pirates are still pirating as much as they always have, we need to send a firmer message! KILL THE PIRATES!)"
      Seems like if you substitute 'terrorists' for 'pirates', and 'terrorism' for 'sales', you could have a workable foreign policy / justification for a domestic spying program...
  3. it sounds like this.. by ehrichweiss · · Score: 5, Funny

    Nice computer you got there....it'd be a shame if something....'appened to it..

    --
    0x09F911029D74E35BD84156C5635688C0
    1. Re:it sounds like this.. by gEvil+(beta) · · Score: 4, Funny

      Nice computer you got there....it'd be a shame if something....'appened to it..

      Y'mean like putting Windows on it? : p

      --
      This guy's the limit!
  4. MSFT should tread lightly by eln · · Score: 4, Insightful

    If they are only targetting PC makers that have agreed to only sell PCs with their OS on them, then they have a legal, though morally questionable, right to do this. However, it seems they are targetting all PC makers.

    Right now, this is basically just marketing, but if they actually take action against computer makers who sell "naked" PCs, such as refusing to license the Windows OS to them because of it, they run the risk of once again being brought up on charges of monpolistic practices.

    To say that a PC sold without an OS will undoubtedly be used to pirate Windows is an absurd stance, and so forcing PC makers to sell PCs with Windows pre-installed in order to avoid such piracy is not valid. If Microsoft presses the issue too hard, they're going to end up making their lawyers very happy once again.

    1. Re:MSFT should tread lightly by oirtemed · · Score: 4, Insightful
      To say that a PC sold without an OS will undoubtedly be used to pirate Windows is an absurd stance

      And even if it is....it is not the PC makers responsibility!

  5. Headline wrong by walt-sjc · · Score: 3, Insightful

    The headline talks about buying, yet TFA is about selling. Way to go...

  6. Re:Ummm.... by Moby+Cock · · Score: 5, Insightful

    It is a monopoly. Nobody ever implied it wasn't. Monolopolies are not illegal. Abuse of a monopoly is illegal.

  7. monopoly money by MountainLogic · · Score: 4, Insightful

    I can't imagine a larger brag that microsoft is a monopoly. It really is straight from the horses mouth with implicit proof of monopoly abuse.

  8. Naked PCs? by Anonymous Coward · · Score: 4, Funny
    A quote from the article:

    "We want to urge all system builders -- indeed, all Partners -- not to supply naked PCs. It is a risk to your customers and a risk to your business -- with specifically 5 percent fewer opportunities to market software and services," wrote Alexander.

    So, since they don't want "naked PCs"...they want you to install a "clothed-source OS" ?

    hahahahah

    T.Dzubin (submitting as Anon 'cause I've forgotten my login password)

  9. With a little help from their 'friends' by MECC · · Score: 4, Funny


    MS will be able to track purchases, and if it looks like you're building your own systems, they come to mess you up. Afterall, pirates are just like terrorists, except for the eyepatch, the big hat, and the dead parot.

    --
    "We are all geniuses when we dream"
    - E.M. Cioran
  10. Scraping away the FUD... by PFI_Optix · · Score: 5, Insightful
    Here's a scan of the article, as linked by the story linked in this article.

    Now for some serious FUD debunking:

    This quote seems popular: "We want to urge all system builders -- indeed, all Partners -- not to supply naked PCs. It is a risk to your customers and a risk to your business"

    Now here's the rest of it: "with specifically 5 percent fewer opportunities to market software and services,"

    As for the idea that MS might pay you a visit for not buying Windows...it's pure speculation and is not indicated by MS at all.

    The FSF Europe is alarmed by the prospect that customers who request a base systems would risk a visit from Microsoft's investigators.

    "It looks like a private sniffing service which is supposed to spy on these who do not want to pay the Microsoft tax anymore. It is an incredible piece of impudence which any politician, customer and journalist should recognise carefully," said Jakobs.

    When contacted by ZDNet UK, Alexander denied that operatives would be dispatched into the premises of customers who attempted to buy a PC without Windows.

    "I can confirm that the... personnel are not participating in customer visits. This is an error in the copy and will be amended in future material on the subject," Alexander claimed.


    This describes the situation best:

    "Microsoft is clearly concerned about the threat of Linux on the desktop and is trying to protect its base. Naked PCs provide customers with choice and lower the price of commodity PCs," said a Novell spokesman.


    Microsoft is trying to convince OEMs to sell more of their product? Those fiends!
    --
    120 characters for a sig? That's bloody useless.
    1. Re:Scraping away the FUD... by tinkertim · · Score: 3, Interesting

      I looked for, but could not find any conclusive statistics that indicate if people who want a naked PC would be more likely to acquire parts and simply build it themselves.

      I'd like to see those statistics (if they exist) before I completely dismiss the validity of the article .. but coming from a conspiracy nut (I'm one of the biggest) I'm inclined to agree and say ..

      bullshit.

      It looks like this was aimed not at people who sell OEM (bare) as just an option, but people who don't offer Windows licensing at all .. and a warning that they'll lose market share.

      Gestapo-ish marketing, yes. Big brother ... I don't think so. And I'm no fan of Microsoft.

    2. Re:Scraping away the FUD... by PFI_Optix · · Score: 4, Insightful

      It is well-verified that Microsoft strong-arm OEMs into buying Windows "or else."

      That's odd, because in my experience dealing directly with MS as an OEM, that wasn't the case at all. Now, they did tell us when we told them we were switching to Linux for some apps that our unit prices would go up...but that should be expected when your purchase volume drops by 20%. They then flooded us with pamphlets telling us how much better Server 2003 is than Linux and how TCO for Linux was actually higher and so forth. We had that crammed down our throats for four months before I finally told our MS rep that it was customers who drove our switch to Linux, and we weren't going to push MS on them if they specifically requested the change.

      The article most definitely is not "FUD"

      So stating that MS will pay you a visit for not buying Windows with your new PC isn't FUD? It's even clearly stated in TFA that they have no intention of doing that.

      In this instance, it is Microsoft who are employing this tactic by hinting that bad things will happen to OEMs and to consumers who buy OS-less machines.

      Yes. Businesses will miss out on a chance at boosting their sales figures, and consumers will install Linux. That's pretty much what MS said.

      --
      120 characters for a sig? That's bloody useless.
    3. Re:Scraping away the FUD... by symbolic · · Score: 3, Insightful

      This has been happening all along - there are still a variety of verions of Windows/other MS Software in use. Microsoft is trying to maximize its revenue by requiring that the OS be treated like a consumable commodity- much like electricity, gas, or water.

      Someone needs to explain some economics to Bill et al. It just doesn't work that way.

  11. Re:Ummm.... by walt-sjc · · Score: 3, Insightful

    But a legal definition is not the the same as a dictionary definition. From a legal standpoint they ARE a monopoly.

  12. Which risk is worse? by digitaldc · · Score: 3, Funny

    is a risk to your customers and a risk to your business," says Microsoft.

    Well as soon as you install Windows, there is a risk of being attacked and infected. So the risk is about the same.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  13. Big Deal! by skryche · · Score: 4, Insightful

    Microsoft's request isn't all that difficult to follow; just put FreeDOS on every machine. Everybody wins!

  14. Re:How does this differ from a non-compete? by dada21 · · Score: 3, Insightful

    If you were in Mainland Europe, the "agreements" your customers had signed would not be worth the paper they were printed upon: anti-competitive practices are well and truly illegal, and damn right too.

    How is it anti-competitive if I offer the customer a savings on a product that they want? I don't ask others not to compete with me, I just worked out a long term agreement with someone to get the product they want at a price they want.

    If an employee works for me, I also make them sign a non-compete in exchange for a much higher income. If they don't want to sign with me, they can go make 50% of the money with some company that doesn't care.

    Anti-competition comes only out of licensing by the state and excessive regulations causing high-barriers to entry. Anti-competition does not come from companies forcing themselves into the consumers' homes. Microsoft has definitely taken advantage of government regulations (copyrights, patents, DCMA etc) so they're not clean in my mind, but I see nothing anti-competitive about getting people to agree to certain terms so you can plan your budget and growth.

    Is signing a cell phone contract for 2 years to get a free phone anti-competitive? Is signing a satellite TV contract for 2 years to get $1500 in free hardware anti-competitive? You made the decision.

  15. THis is a bit overstated. by sbaker · · Score: 5, Insightful

    God knows I hate Microsoft more than most people...but this might be a teensy bit of an overreaction.

    The actual source of this information says that:

    1) This is a UK-only thing.
    2) There are only TWO new MS employees doing this.
    3) They discuss this during routine customer meetings.
    4) There is no hint of coersion implied here.

    So what this actually means is that there are a couple of extra marketeers out there trying to pursuade stores not to sell bare PC's.

    Furthermore, the MS article http://www.zdnet.co.uk/i/z/nw/sp/storygraphics/sca n.jpg says that the top four reasons people buy bare PC's is:

    * To install their own software.
    * To transfer software from an old machine.
    * To install Linux
    * To take advantage of volume licensing.

    The didn't mention "To use a pirated version of windows".

    What they ARE saying is that selling a bare system is a missed opportunity for the store. They suggest that if you sell someone a bare machine, you're missing a chance to sell them additional software such as photo processing, music players, etc.

    So - yeah Microsoft are most definitely *evil* - but this isn't anything to panic about.

    I doubt this will change the minds of many sellers - two guys in one country appealing to store owners who probably made a careful decision to let their customers avoid the MS tax.

    You DON'T need to keep re-buying windows over and over again. You DON'T need to buy a copy of Windows only to have it be overwritten with a site-licensed version at work. You DON'T need to buy a copy only to scribble all over it with Linux. You SHOULD be able to save $50 off the cost of your PC if you are in one of those catagories.

    --
    www.sjbaker.org
  16. Monopoly without abuse? by MarkByers · · Score: 3, Insightful

    Abuse of a monopoly is illegal.

    What's the point of getting a monopoly if you don't abuse it? The shareholders would sue you if you didn't even try to abuse it.

    --
    I'll probably be modded down for this...
  17. Re:Ummm.... by mlmitton · · Score: 4, Informative
    Absolutely correct. And it should be noted that in the antitrust trial, the findings of fact said that one of the ways in which MS abused its monopoly power was by charging OEMs per processor, not per copy of Windows shipped. Telling them not to ship without Windows at all is dangerously close to the same thing, and I can't imagine it wouldn't be considered an abuse of monopoly power as well.

    Before anyone tries to complain about the findings of fact, remember that the appeals court never disagreed with the facts Judge Jackson found, only the remedies he demanded. So that the original practice was an abuse of monopoly power still stands. As would the present case of strong-arming people into always including Windows.

    --
    "My girlfriend's got sodium laureth sulfate hair."
  18. MSDS by NemoX · · Score: 3, Informative

    As an annual subscriber to a Universal MSDN package I don't think I should have to pay for it twice. That is called racketeering - a federal offense.

  19. Re:Ummm.... by Kelson · · Score: 3, Informative

    Okay... And trying to force the bundling of your software isn't abusing an abuse?

    Oh, it is, but they were convicted in a US court, which doesn't have jurisdiction in the UK (much to the consternation of the RIAA and MPAA). Even then, they got off lightly enough that they don't seem to be terribly concerned with risking a repeat.

  20. Microsoft engages in foul play even here on /. by Fantastic+Lad · · Score: 4, Interesting
    Well, heck, Microsoft is evil.

    Check it out. . .

    I know the guy who posted this Slashdot comment on how prominent Forbes writer, Daniel Lyons, a suspected SCO puppet, was asking leading questions of Balmer at Microsoft's request in a recent interview slamming Linux.

    Through fluke, my friend managed to get first post. He was also posting with some respectable Slashdot Karma. What happened next was fascinating. . .

    His post became the focus of a moderation tug-o-war. No big deal. Happens all the time on Slashdot. --I've posted hundreds of items which piss people off, and I've watched my posts fly up and down on the venerable, "Troll" to "Insightful" Slashdot scale. Except, I cannot ever claim to have invoked more than, at most, say 8 or 9 mod points from the Slashdot moderators.

    carsonc's post however. . . Wow.

    We were chatting a few days later and he described the scenario to me. It seems that, lickety-split, after his post had gone up, a group of somebodies had gone into his posting history and spent a lot of mod points hammering several of his recent posts from 2's down into -1's. They spent, we estimate, at least 25 mod points worth of specific attention on him. Despite the fact that regular Slashdot moderators eventually won the tug-o-war, leaving his comment in the rarefied air of +5, his Karma had nonetheless dropped so quickly from history moderation, that he was left prevented from posting more than two comments per day, (effectively stopping him from engaging in open forum debate on the very topic he'd launched), and assigning an automatic -1 to everything he might say thereafter.

    Yeah, yeah. Big deal. Slashdot Karma wars do exist on the level of schoolyard nonsense, but in this case. . .

    A group of somebodies with 25 mod points to blow on a moment's notice? Well that raises interesting questions! Judging by the otherwise bland nature of carsonc's post, which I can't think could possibly have inspired anybody to have such intense emotional reaction and thus mod negatively, --unless they were directly affected by his comments, I can only surmise that it was either. . ,

    A) Unwholesome Slashdot editors. --Which, considering Slashdot's fairly clean history of moral conduct over the years, I think is unlikely in the extreme.

    or. . .

    B) A band of Microsoft employees who had been directed to acquire mod points on Slashdot to be used at the whim of Microsoft's PR department precisely when negative views circulating around delicate points in the news might harm them. And as mod points are not given every day, how many users exactly, does it take to have 25 mod points available at a moment's notice? Enough to require some paid coordiation, I'd say.

    Some might cry, "Conspiracy!" and wag their heads like dolts. But with several 1000 employees plugged into the Microsoft cube. . .

    Anybody who has seen the film, "The Corporation" knows that such a scenario is not just possible, but -extremely- likely.

    In other words. . . Fuck Microsoft. Switch to Linux. Tell everybody to do so now. Ubuntu will mail you 5 disks for free, and they'll support them, for free, for 3 years.


    -FL

    1. Re:Microsoft engages in foul play even here on /. by Acer500 · · Score: 3, Informative

      I think Hanlon's Razor might apply here: "Never assume malice when stupidity will suffice."

      IMO your friend's post was not worded that well, not enough that I'd mod it down, but I wouldn't mod it up either unless I knew that the statement accusing Daniel Lyons was true (and I don't know whether it is).

      Plus, there are many Slashdot readers that either work with very closely with Microsoft or directly are Microsoft employees (for example http://slashdot.org/article.pl?sid=05/12/30/132125 1&from=rss has several posts by either Microsoft employees or ex-employees), which might have felt that the post was a troll (it is a strong acusation).

      I would be surprised if at least some of them didn't have mod points (just reading regularly and being reasonable when posting seems to give you some).

      That only leaves the timing to explain, but I guess they would naturally be attracted to a Microsoft story.

      Of course, your explanation might be true as well, I definitely hope it isn't so (the implications would certainly be disturbing).

      BTW which of these explanations fails Occam's Razor?

      --
      There are three kinds of lies: lies, damned lies, and statistics.
  21. Buy PC Without an OS... Get a Visit From MSFT? by WeeBit · · Score: 3, Insightful

    "The FSF Europe is alarmed by the prospect that customers who request a base systems would risk a visit from Microsoft's investigators." I am still waiting on the day that I can buy a computer, and instead of them saying "They support Microsoft Windows only" for their computer customers, they instead ask me "What Operating system would you like on your new computer? I don't think they can come knocking on a regular consumers front door demanding to see their new computer just because they got the computer without a Operating System. If they can do this... Regardless of my choosing of Opeating System I plan to tell them to get a warrant. I advise businesses to do the same. I believe its time also for Vendors to drop the "Microsoft only" policy too. This is still forcing users to use Microsoft. Microsoft knows it too. Too bad the Courts don't see it for what it is.

  22. So comply, ship a PC with an operating system... by merc · · Score: 3, Insightful

    PC resellers could just offer to bundle with Linux or *BSD -- which would make Microsoft's argument completely untenable.

    --
    It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
  23. well, I checked his history... by YesIAmAScript · · Score: 4, Interesting

    And he makes some pretty inane or even stupid posts. I think the attention he got probably didn't do him any good.

    As to MS employees being a reason he was boned, I have to say that's not too far-fetched to me. But really, I'd have more sympathy if slashdot weren't so consistently off the handle in relation to MS. I mean, it's pretty easy to get a smack even for reasonable opinions about MS and SCO. And his slight wingnuttiness doesn't help much.

    It's still seems unfair. Maybe meta-moderating can fix this eventually?

    --
    http://lkml.org/lkml/2005/8/20/95
  24. What about Apple computers? by Easy2RememberNick · · Score: 3, Funny

    You think that's bad try to buy a Mac without an OS on it!