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HP's Windows Bundle Trouble

narramissic writes "A French consumer group has filed 3 lawsuits against HP, saying the company's practice of selling consumer PCs with Windows pre-installed violates a French law that 'prohibits linking the functionality of a product to another product' — not to mention that consumers wind up paying for an unwanted OS. For its part, HP contends that it is not in violation of the law because the OS is integral to the PC. 'The PC without an OS is not a product because it doesn't work,' said Alain Spitzmuller, legal affairs director for HP France. 'We believe the market is for products that work.'"

697 comments

  1. Foot, may I introduce... by Loco+Moped · · Score: 5, Funny

    He's pretty much shot himself in the foot, 'cause now he's got to prove that Windows works.

    1. Re:Foot, may I introduce... by NineNine · · Score: 0

      He's pretty much shot himself in the foot, 'cause now he's got to prove that Windows works.

      You know, you're right. That's gonna be tough. Everybody that I know that owns a computer just uses it as a doorstop, or a paperweight. I've never heard of anybody actually using Windows.

    2. Re:Foot, may I introduce... by rrohbeck · · Score: 5, Funny

      He's pretty much shot himself in the foot, 'cause now he's got to prove that Windows works.

      Unfortunately, it works very well. As a host for botnets, for example.

    3. Re:Foot, may I introduce... by megaditto · · Score: 5, Funny

      WTF are you smoking? Who would use a window as a doorstop... Especially on Slashdot, where most readers live Windows-Free?

      (since their mothers' basements do not have any)

      --
      Obama likes poor people so much, he wants to make more of them.
    4. Re:Foot, may I introduce... by chris_mahan · · Score: 1

      Only behind closed doors.

      --

      "Piter, too, is dead."

    5. Re:Foot, may I introduce... by RealGrouchy · · Score: 1
      He's pretty much shot himself in the foot, 'cause now he's got to prove that Windows works.
      Oh, dear!

      I hope it wasn't in his mouth at the time!

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    6. Re:Foot, may I introduce... by eggywat · · Score: 1

      Isn't it like being asked to sell a car without petrol and refusing because the car won't work?

      http://bymyreckoning.com/

  2. Isn't that what got IBM into hot water? by the_skywise · · Score: 4, Interesting

    Forcing software sales along with hardware ones?

    1. Re:Isn't that what got IBM into hot water? by nacturation · · Score: 1, Interesting

      So why doesn't France go after Apple? Can I buy a Mac with no operating system prebundled? Why am I forced to subsidize OS X when I purchase Apple hardware?

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    2. Re:Isn't that what got IBM into hot water? by Tony+Hoyle · · Score: 1

      It's entirely possible they will, now that macs are just PCs with OSX installed.

      All it needs is a bit of caselaw and the gloves are off.

    3. Re:Isn't that what got IBM into hot water? by MBCook · · Score: 5, Informative

      There is a difference there. OS X and the Mac are both made by Apple. However HP doesn't make Windows. They require you to purchase it, but they don't make it. I think that's what makes this illegal (I live in the US, so obviously I don't know this law). It's the fact that it's two parties. The HP computer won't function without another company's product, but they don't give you a choice as to which company (MS, or buy a Linux distro or something else).

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    4. Re:Isn't that what got IBM into hot water? by Tony+Hoyle · · Score: 1

      AFAIK that doesn't matter, but the legal types only get uppity about unrelated companies doing it normally (the way the law in europe generally works is everyone ignores it unless you piss someone off - someone has to actually complain to the authorities loudly enough to make them care).

      eg. Washing machines don't come with washing powder (or clothes!!) A washing machine clearly can't be used without washing powder but the law prevents companies bundling like that.

      OTOH cars always ship with tyres, even though it's the same principle. Simply because nobody complained, and it'd be bloody stupid to have to buy your tyres separately.

    5. Re:Isn't that what got IBM into hot water? by Salgak1 · · Score: 1
      OTOH cars always ship with tyres, even though it's the same principle. Simply because nobody complained, and it'd be bloody stupid to have to buy your tyres separately.

      Funny, when I go online to look at cars, even configure one for purchase. . . I always have a choice of at least two, and often more, sets of tires to go with the car.

      Why should a computer be any different ?

    6. Re:Isn't that what got IBM into hot water? by Tony+Hoyle · · Score: 1

      I've never heard of anyone giving a choice of something like that - what would be the point? I only bought a car a few months ago and *no* sites offered such a choice.

      You select which model you want, what colour and 'extras', and the production line spits it out of the other end in about a month.

    7. Re:Isn't that what got IBM into hot water? by Anonymous Coward · · Score: 0
      Apple is a system builder, that is it delivers complete solutions. It has many standard solutions that depends on your needs. As the commercials state, one can pull a computer out of the box, turn in on, and be at work in a very short time. All current solutions are based on specialized Intel electronics and Apple software, all inside a Apple designed enclosure.

      HP, OTOH, is no longer a system builder, but merely a system integrator. I don't see a specialized solution based on HP-UX using well selected electronics, guaranteed to meet my needs. All I see are generic PCs, probably build with whatever parts are cheapest that day, combined with an OS that may or may not be what is appropriate for my application.

      The difference is this. With Apple, they have an integrated product, and if I do not wish the integrated product, then Apple is a bad choice, as you are certainly paying a finite amount for the service. HP is offering a generic product, that could be used in any number of different environments, and, in the capacity of a system integrator, should be free to provide custumers with those range of solutions.

      Look at it this way. If you go and get your oil changed at a shop that is owned by a particular oil company, then you expect to only use that companies oil because the purpose of the shop is to sell that brand of oil. But if you go to a shop that is allegedly independent, and expect to get the oil you specify, and then are told they only sell one brand of oil, that begins to get a bit fishy. It gets even more fishy when the shop wants to charge you more to use an equivalent or cheaper oil. [I know most of these place has a "house" oil that they buy in barrels, but we get the idea]

    8. Re:Isn't that what got IBM into hot water? by sdnoob · · Score: 1

      There is a difference there. OS X and the Mac are both made by Apple. However HP doesn't make Windows. They require you to purchase it, but they don't make it. you license OEM versions of microsoft software, including windows, from the MANUFACTURER, not microsoft. so, in a sense, it IS the manufacturer's product.

      END-USER LICENSE AGREEMENT FOR MICROSOFT
      SOFTWARE

      IMPORTANT-READ CAREFULLY: This End-User
      License Agreement ('EULA') is a legal
      agreement between you (either an individual
      or a single entity) and the manufacturer
      ("Manufacturer") of the computer system or
      computer system component ('HARDWARE') with
      which you acquired the Microsoft software
      product(s) identified on the Certificate of
      Authenticity ("COA") affixed to the HARDWARE
      or on the associated product documentation
      ('SOFTWARE').

      granted, microsoft has total control over the terms in which a manufacturer can license windows, they also offer many incentives and other deals to "encourage" manufacturers to exclusively offer systems bundled with their operating system... the problem is that microsoft didn't get reined-in back around 1993-94 (pre-Win95) when it would have been a hell of a lot easier. microsoft tactics, and greedy manufacturers giving into them, haven't changed much since the early days.

      the only way to "fix" the problem, i think, at this stage of the game, would be a total prohibition on bundling software with a computer system. whatever someone wants to run on their computer, they have to buy retail (or choose free open source). this would force microsoft to lower prices; when faced with a bill for 199 for full version windows, 399 for office, 49 for a dvd-compatible media player, etc. on top of the (now, slightly lowered) cost of hardware, 'joe user' may just opt for less expensive alternatives. it would also force both microsoft and competitors to develop software (especially operating systems) than can be easily installed by anyone regardless of knowledge or experience. a bit drastic? perhaps. but big problems demand a 'big' response.
    9. Re:Isn't that what got IBM into hot water? by darkonc · · Score: 1
      Most people don't care what brand of tire comes with their car, but if you ask for a particular kind of tire, most manufacturers will be more than happy to deliver your car with the brand of your choice.

      One thing that I'll note here, that having been said, is that it's actually (slightly) problematic to ship a car from the manufacturer to the dealer without tires, since you have to do a little bit ( That's somewhat similar to the burn test for compuers, except that most computers probably do their burn test with a net-boot these days, and don't actually have to do a full OS install -- and even if they do, it's almost trivial to clean the disk after the test (Darin's Boot and Nuke comes to mind). Tires, on the other hand, are physical entities which take up space and require incremental resources to manufacture and to ship back to their source.

      Once you have the infrastructure to load 7 different OS versions (which is, I think, what VISTA was split into, at last count), adding a few other OSes, or simply a disk clean is pretty trivial.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    10. Re:Isn't that what got IBM into hot water? by Loonacy · · Score: 1

      Does HP make the motherboard? The CPU? The RAM? I'm willing to bet every one of those components come from different companies. Does this make the whole computer illegal?
      If you could argue that the OS is non-integral, then you could say having RAM is non-integral. Or even having a network card. Or a video card (you could always just network boot a linux OS and SSH in). This whole argument is stupid.

    11. Re:Isn't that what got IBM into hot water? by Maxo-Texas · · Score: 1

      For my last cars there were choices of about 6 rims (basic and 5 kinds of neat variations) and 2 kinds of tires (basic and sport).

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    12. Re:Isn't that what got IBM into hot water? by Anonymous Coward · · Score: 0

      "Apple is a system builder, that is it delivers complete solutions. It has many standard solutions that depends on your needs."

      I tried to buy an iBook from Apple without MacOS. I was kindly explained that they could not do that because using another OS would not allow me to take full advantage of their hardware. How considerate.

    13. Re:Isn't that what got IBM into hot water? by shmlco · · Score: 1

      "... would be a total prohibition on bundling software with a computer system."

      I guess my phone, iPod, DVD player, TV, XBox, and microwave all need to ship without software now? I mean, they're all essentially computers...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    14. Re:Isn't that what got IBM into hot water? by CaymanIslandCarpedie · · Score: 1

      HP also offers at least two choices on most computers. XP Home and XP Professional ;-)

      --
      "reality has a well-known liberal bias" - Steven Colbert
    15. Re:Isn't that what got IBM into hot water? by chilipadi · · Score: 1

      Wouldn't bundling a Linux distro (which is technically NOT a HP product) run foul of this law as well?

      Anyway, here's a link to a page in HP's website offering BOTH Windows and Linux pre-installed... http://h10010.www1.hp.com/wwpc/us/en/sm/WF04a/1245 4-64287-89301-321860-f49.html?jumpid=re_R295_prode xp/buyguides/computing/desktop5000&psn=desktops_wo rkstations/desktop_pcs

    16. Re:Isn't that what got IBM into hot water? by Bert64 · · Score: 1

      Strange...
      My car had a huge array of choices when i was buying it... I could choose wether or not i wanted aircon, electric seats, leather, etc etc... I could also choose which style of rims i wanted and what brand and type of tyres i wanted on them.

      There's also the difference that, tyres, like oil and sparkplugs, are expendable... Your going to have to buy new tyres for your car sooner or later, since the old ones will wear out. So it's more like including ink with a printer.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    17. Re:Isn't that what got IBM into hot water? by Bert64 · · Score: 1

      HP offer computers using multiple types of motherboards, multiple types and quantities of CPUs, multiple types and quantities of RAM.
      They don't offer the same choice regarding the operating system, despite the fact that multiple choices are available.

      Also, by choosing the motherboard, you have also decided what type of CPU and RAM you are having, so your choice in these areas is now limited to a specific range by YOUR previous choice. Thus, even if you bought a motherboard without ram or cpu, you'd still have to buy that particular type of ram and cpu in order to make the motherboard useful.

      By contrast, whatever choices you make regarding hardware have very little effect on what OS you can run, unless your buying more exotic hardware like sparc or mips based systems. Thus, by being forced to buy an OS your not going to use, your being ripped off.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    18. Re:Isn't that what got IBM into hot water? by The_Quinn · · Score: 1
      HP doesn't make Windows. They require you to purchase it, but they don't make it.
      Not true. HP does not "require" you to purchase anything. You are perfectly free to purchase from someone else, if you wish.

      The HP computer won't function without another company's product, but they don't give you a choice as to which company (MS, or buy a Linux distro or something else).
      Again, not true. The choice you have is: purchase from HP with Windows, (or a server with HPUX), or alternatively, don't purchase from HP at all!
    19. Re:Isn't that what got IBM into hot water? by Anonymous Coward · · Score: 0
      learn to read. Apple is a system builder, not an integrator. They do not take customer specified, or the cheapest parts, and integrate them to into a system for the customer. Apple provides specific solutions that the user is free to buy or not buy. If the solution does not match your needs, go somewhere else. That has always been the Apple attitude. It has not gained them market dominance, but it has been pretty profitable. This is not what HP does. HP could as easily buy an OS from Novell as MS. We know they don't because MS would punish them. IT is likely that they could ship a naked PC and an install DVD, with the customer choice of OS, very cheaply, and it would be no more a hassle than shipping MS Windows. Note that this is exactly what they will do to ship Vista.

      It is true that most PC are made for MS Windows, but given the perpetual problems with windows drivers, few builders spend the money extra money for the 100% window compatible parts. Rather, it is mostly a way to put less generalized and cheaper parts in a computer.

    20. Re:Isn't that what got IBM into hot water? by moldor · · Score: 1

      Crap - it offers Windows or FreeDOS - both equally useless.

  3. It has a bios, doesn't it? by geekoid · · Score: 4, Insightful

    then it works.
    It may not have all the functionality that someone wants, but it does work.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:It has a bios, doesn't it? by Anonymous Coward · · Score: 0

      What about the flip side of this logic. If as HP asserts the hardware is not a "product" without
      an operating system then what exactly is an operating system without hardware?

      In other words, if HP's argument holds then Microsoft cannot sell Windows disks without
      bundling them with a PC.

    2. Re:It has a bios, doesn't it? by MinutiaeMan · · Score: 2, Insightful

      But when you buy a new car, do you not also expect it to come with a tank of gas? I certainly wouldn't want to have to push my car over to the nearest gas station to fill it up!

      That being said, I do agree that PC manufacturers need to offer choice of operating system at the time of purchase. But it's not entirely HP's fault... HP doesn't want to be put at a competitive disadvantage by being forced to pay higher prices for Windows on their machines, which would drive their prices up. France should be going after Microsoft for the OEM pricing racket they've got going, instead.

    3. Re:It has a bios, doesn't it? by TeacherOfHeroes · · Score: 4, Interesting

      Sure its a product. It's a physical product. The absurdity that the configuration of a few bits on the hard drive magically changes the thing from "not a product" to "product" boggles the mind. Its just not quite as out-of-the-boxish.

      At the very least, they should give the user a choice, thereby no longer linking the hardware to that one specific piece of software. Consider one of those online confur-o-matic things. The base PC models should come with a cheaper/free OS like linux, and (as much as I hate and disagree with the phrasing) users could choose to "upgrade" to windows.

    4. Re:It has a bios, doesn't it? by Jarjarthejedi · · Score: 1

      "Sure it's a product"
      But that's not the question, the question is is it a PC.

      When people thinks of a computer what comes to mind? Probably just the box. When I think of a PC I think of a working computer that I can turn on, log in to, and do stuff on.

      What do you think the average consumer thinks a PC is? A box with lights that you can add an OS to, or something that you turn on and get the Windows logo? If you tried to sell a PC to someone with the average consumer's view and it didn't come with an OS what do you think would happen? If your answer isn't complaints from the consumer then you're much more optimistic than me :P

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    5. Re:It has a bios, doesn't it? by Anonymous Coward · · Score: 2, Insightful
      It has a bios, doesn't it?

      then it works.
      It may not have all the functionality that someone wants, but it does work.


      Yes it does, and I'm outraged! I do not want to be forced to use the products of monopolists like Phoenix and Award.

      I want HP to offer me the a choice of open source BIOSs for any PC I buy from them regardless of the implications for function and support efficiency.

      I want the bios chip to be blank so I can flash it with the bios of my choice.

      That's it, I'm forming a consumer group and suing!
    6. Re:It has a bios, doesn't it? by BiggyP · · Score: 1

      Based on the product arguement they can only really give consumers a choice if every aspect of the machine works with either of the operating system options they provide, if they choose to design a computer with a lot of windows only hardware inside then it's going to be a problem as they're building computers which cleary link to the functionality of another product.

    7. Re:It has a bios, doesn't it? by hotdiggitydawg · · Score: 1

      But when you buy a new car, do you not also expect it to come with a tank of gas? Not if I can bring my own jerry-can of home-brewed biodiesel!
    8. Re:It has a bios, doesn't it? by NotQuiteReal · · Score: 2, Interesting
      Yes, but when Joe Sixpack (or, in this case, Pierre 2 Litres) turns on his new PC and it says:

      Reboot and Select proper Boot Device (Réinitialisation et dispositif approprié choisi d'initialisation )

      Don't you think he might call HP and say "My PC doesn't work!" ???

      Have you ever considered this; Most people want "Windows" - if PC's didn't come with it would Microsoft make more selling retail copies at retail prices vs the couple of extra bucks they get now, with the de facto "Windows tax".

      On the other hand, I guess what you are hoping is that consumers would be so pissed off at having to pay more than the bundled price for Windows that they would try "something else".

      --
      This issue is a bit more complicated than you think.
    9. Re:It has a bios, doesn't it? by TeacherOfHeroes · · Score: 1
      Some retailers tried to sell OS/less PCs at one time, and MS kicked up a big stink about how they were encouraging piracy, the sky is falling, woe is MS.

      If you want to insist that formatting a PC's drive makes it not a PC anymore, then HP has a very clear alternative. Offer more than one choice of vendors for the OS. This would mean that the hardware (The Personal Computer) is not linked to a particular software package. To quote the last line of my post you were replying to...

      The base PC models should come with a cheaper/free OS like linux, and (as much as I hate and disagree with the phrasing) users could choose to "upgrade" to windows.
    10. Re:It has a bios, doesn't it? by geekoid · · Score: 1

      so? Jow six pacjs ignorance is his problem.

      But a much more practical solution is just have it as an option.

      Would you like an HP printer:
      ()Yes
      ()No

      Would you like MS Vista operating system:
      () Yes
      () No

      Would you like to be serviced by a hottie in a French Maid costume:
      () Yes
      () Yes

      Problem solved.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    11. Re:It has a bios, doesn't it? by geekoid · · Score: 1

      Yes, it is still a personal computer.

      It's functionality is different, but it is still a PC.

      Now I klnow people will want to ahve windows, and thats fine, but it should be a seperate order item, With a price associated with it.

      Would you like MS Vista:
      () Yes ($99) - (I forget how to get the euro symbol)
      () No ($0)

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    12. Re:It has a bios, doesn't it? by totally+bogus+dude · · Score: 1

      I remember when all the cool games came on a floppy disc which you booted from to run the game. No need for a stinkin' OS. Alley Cat, anyone?

    13. Re:It has a bios, doesn't it? by swv3752 · · Score: 1, Redundant

      What Windows only hardware? NIC? Video Card? Multimedia Card Reader? DVDRW? Sound? Modem? TV Tuner?

      Modem just require a proprietary driver or HP flexing a little muscle. TV tuners will require a bit of selection or again a bit of muscle. HP is big enough to require thier vendors to provide a Linux driver.

      --
      Just a Tuna in the Sea of Life
    14. Re:It has a bios, doesn't it? by servoled · · Score: 1

      If a computer without an OS has functionality then there should be no problem with selling a computer with an OS... unless there is some French law against selling a product with additional functionality.

      --
      "I have a porkchop, you have a porkchop. I have a veal, you have a veal".
    15. Re:It has a bios, doesn't it? by Anonymous Coward · · Score: 0

      Jow six pacjs ignorance is his problem

      Are you being serious, or are you just trolling?

    16. Re:It has a bios, doesn't it? by gsn · · Score: 1
      The base PC models should come with a cheaper/free OS like linux, and (as much as I hate and disagree with the phrasing) users could choose to "upgrade" to windows.


      Ahh but you are also forcing HP to provide technical support for linux - why should they have to deal with that "burden"

      Or would you like the base PC models come with no technical support whatsoever and you have to upgrade to get help with windows.

      I maintain that if you really don't want a computer without the windows tax you can probably find some company that sells them.
      Heres a starting point for notebooks that I bookmarked a while ago
      http://mcelrath.org/laptops.html

      Or assemble it yourself.
      --
      Reality must take precedence over public relations, for nature cannot be fooled.
    17. Re:It has a bios, doesn't it? by Tony+Hoyle · · Score: 1

      (I forget how to get the euro symbol)

      lol. Kinda depends on where you are... The EC even had a committee on it!! Only the google cache exists now...

      http://209.85.129.104/search?q=cache:Vd6E2fXxyDwJ: anubis.dkuug.dk/CEN/TC304/Euro/151.doc

      Summary:

      If you're in the US it's AltGR-5
      It you're in the UK it's AltGR-3
      If you're in most of the rest of the world it's AltGR-e otherwise read the document.

    18. Re:It has a bios, doesn't it? by zxsqkty · · Score: 1

      Don't you think he might call HP and say "My PC doesn't work!" ???

      Why on earth would he do that if he'd just bought a pc from HP knowing it was supplied without an os?

      Have you ever considered this; Most people want "Windows"

      Do they fuck. *Most* people want a computer so they can type their resumes / swap baby photos / play games / email the grandkids / download music, or simply because everyone else has one and they feel they're missing out on something. Ask Pierre 2 litres what OS he's running and there's a fair chance he'll answer "Word" or "Internet Explorer". In fact, I'd wager it's a *minority* of people who actively want Windows.

      Of course, we're having this discussion because *most* people simply don't have any other choice but to buy Windows...

      --
      Caution: May contain nuts.
    19. Re:It has a bios, doesn't it? by TeacherOfHeroes · · Score: 1

      But that underscores the problem with the PC + OS forced combination.

      Why does HP provide technical support for windows? It's microsoft's product. I know that HP is a reseller, but come on.

      When I have a hardware problem and call up for support, I always get the same line: "We can't support you unless you're running windows." Even when its clearly a hardware issue, because they always want to rule out software issues.

      They sold me a computer that was perfectly capable of running linux - its not like i hacked the bios or added a mod chip. Its a perfectly valid configuration of the comptuer. Why can I not get support?

      I know that they can't support all OSes ever made, but the least that they could do is try to do some obvious tests to try to rule out hardware issues, or better yet, ship the computer with a bootable "Hardware Diagnostic CD". Whenever you call HP for hardware support, they tell you to insert the CD and reboot. That way, they're dealing with a known environment that eliminates the possibility for software problems and lets them diagnose the hardware properly. It could even have a bunch of diagnostic tools loaded to get things going. It would probably even speed up a lot of the diagnostics exercises. Theres NO reason that PC HARDWARE support needs to be tied to the OS.

    20. Re:It has a bios, doesn't it? by tepples · · Score: 1

      unless there is some French law against selling a product with additional functionality.

      If the majority of computer builders offer only one brand of such additional functionality, that could be grounds for at least an investigation under competition law.

    21. Re:It has a bios, doesn't it? by E++99 · · Score: 1
      then it works.
      It may not have all the functionality that someone wants, but it does work.

      Right, and it's not like we can just let people buy computers with all the functionality they want, because... why can't we do that again?

      Oh, and it doesn't need a bios to work, or memory or drive controllers -- I say as long as the fan is blowing it's working.
    22. Re:It has a bios, doesn't it? by Anonymous+Custard · · Score: 1

      If you're in the US it's AltGR-5

      Most people in the US don't have "AltGR" keys...

    23. Re:It has a bios, doesn't it? by BiggyP · · Score: 1

      Erm, yeah, that's pretty much what i meant.

    24. Re:It has a bios, doesn't it? by jawtheshark · · Score: 1

      (I forget how to get the euro symbol)

      On slashdot simply use the html entity: € = €

      If you have configured your US keyboard as "US International", then it is Ctrl-Alt-5

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    25. Re:It has a bios, doesn't it? by jawtheshark · · Score: 1

      Most people in the US don't have "AltGR" keys...

      Sure they do. Alt-Gr is a "shortcut" for "ctrl+alt". ;-)

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    26. Re:It has a bios, doesn't it? by HolyCrapSCOsux · · Score: 1

      I just bought my wife a Mac for X-mas. She has never used anything but Windows.
      We shall se how she deals with OSX.

      We just need a control group....

      --
      0xB315AA8D852DCD3F3DCA578FD2E0BF88
    27. Re:It has a bios, doesn't it? by khallow · · Score: 1

      Maybe it boggles your mind, but I don't see the problem with calling a PC with Windows a single working product. After all, we can keep decomposing the PC into "products". After all the cards and motherboard can be sold seperately. It just takes some effort to assemble them. Should HP be required to take off some of these, if you don't like them? And we can go to electrical components. After all, if you have your own surface mount soldering technology, you might want better (or worst but cheaper) electrical components than what normally comes on the motherboard or cards. Or you might have different cabling than what HP provides. These are all products, right?

    28. Re:It has a bios, doesn't it? by jimicus · · Score: 1

      Ahh but you are also forcing HP to provide technical support for linux - why should they have to deal with that "burden"

      Purely out of curiosity, has anyone on /. ever tried calling the likes of HP or Dell for any support other than "the hard disk/motherboard/PSU has just died, can I get a warranty replacement?"

      Because I'm nearly certain that's about all you'll get in the way of support these days.

    29. Re:It has a bios, doesn't it? by jimicus · · Score: 1

      When I have a hardware problem and call up for support, I always get the same line: "We can't support you unless you're running windows."

      Clearly you have yet to master the art of dealing with technical support. Assuming you've already established what the problem is (and what are you doing on /. if you can't do that?), then getting a warranty repair is easy, regardless of OS.

      "I'm not running anything, the hard disk doesn't even work for long enough to boot up".

      "I'm not running anything, there's thick black smoke coming out of the power supply".

      "I'm not getting much of a chance to run anything, it resets within 5 minutes of booting and I've reinstalled it twice now".

      "It works fine, it just refuses to read any CD I put in there, even an audio CD." (Memorise a few plausible-sounding Windows error messages for this one)

    30. Re:It has a bios, doesn't it? by Bert64 · · Score: 1

      Well then, they need to change the BIOS to give a more useful message.
      People never had trouble with the Amiga... It was rare to buy an Amiga with a hard drive, you had to load software from floppy... If you turned the machine on without a floppy inserted, you either saw a picture of a hand holding a floppy disk, or an animation of a floppy disk going into a drive. I never heard of anyone who didn't get the hint.
      They also reiterated the instructions in the printed literature that came with the machine, you got a quick start guide and a couple of proper printed manuals.
      Also the bundled software, came in a paper packet with the license agreement printed on the outside of it, and instructions on where to send it (unopened) for a refund if you didn't want to accept the agreement.

      So what exactly is the problem with providing a bios that says "Insert an operating system DVD to continue", a foldout quick start guide with bright color diagrams explaining what to do, and a choice of OS DVDs which do an image-based install onto the disk without prompting the user other than asking if they're sure they want to use this OS.

      You could sell the media separately from the machine, giving the user choice, including the choice to not buy any media with the machine. And more importantly, print the license agreement on the packaging and provide the OS media in a sealed packet, the opening of which implies agreement with the supplied license.

      --
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    31. Re:It has a bios, doesn't it? by Bert64 · · Score: 1

      Monopolists like Phoenix or Award?
      Amusing... you cite 2 choices and complain about a monopoly...
      Intel make their own firmware too, EFI as used on modern macs... and theres a few others, there is choice as to which bios you can have, although it would be much better to move away from the clunky idea of a bios and use something more modern.

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    32. Re:It has a bios, doesn't it? by Bert64 · · Score: 1

      And why should customers who know how to use windows have to pay HP for support they're not going to use?
      Support should be bought seperately, for those who need it.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    33. Re:It has a bios, doesn't it? by Cocoshimmy · · Score: 1

      The manufacturing company should be able to make the decision to only allow consumers to buy a product that works with all the essential features as soon as they plug it in.

      I don't think it would be appropriate for a car vendor to sell a car without the firmware and software which drove essential systems (such as fuel injection, automatic transmission, gps, audio, ABS, auto lights, etc) even if there was an alternative out there. Seriously imagine buying a car that wouldn't do anything once you turned it on because you didn't buy the software that came with it? Its obviously ridiculous to sell a version of a car that doesn't drive off the lot immediately. So then the dealer tells you that you can buy their software or you can download different software from the internet, hook up a firewire cable and laptop to your car and then load it on yourself. However, in the latter case automatic lights just stay on all the time, the transmission only goes to 3rd gear unless you slam the pedal to the metal 5 times in rapid succession, traction control does not work and ABS only works on the front two wheels even though you have 4 wheel disc brakes. Not only that, they haven't tested out the software on the internet so they have no idea if there are other safety and reliability issues.

      Similarly HP doesn't want to ship a computer that does not work if a consumer clicks "No Operating System" in the list of options. Sure they can download and install linux but it hasn't been tested by HP so not all onboard devices such as the fingerprint reader, bluetooth, etc work on a fresh install. Like the car dealers they don't want to sell you something that doesn't work. Most consumers want to be able to drive their car off the lot or plug their computer in and begin working. If they want to upgrade their fuel injection system programming then they risk breaking the product. Similarly installing linux on their pc risks breaking the product. Giving the consumer the option to not buy software for their car or PC is good for a few people but it could potentially mislead consumers into thinking its just another option when in fact without it, they can't start driving or surfing the web as soon they turn it on.

      The company should be able to make the decision to only allow consumers to buy a product that allows them to use it as soon as they turn it on.

    34. Re:It has a bios, doesn't it? by Schraegstrichpunkt · · Score: 1

      It's not a matter of letting them buy a computer with an OS; It's a matter of letting them buy the computer and the OS separately, possibly from different vendors.

  4. très absurde! by chasethetail · · Score: 1

    I hate M$ as much as the next guy but this is just lame behavior. Hope they didn't spend any money trying to build a case.

  5. Re:He's an idiot by megaditto · · Score: 0, Offtopic

    The "idiot" probably makes more in a week than you and me in our entire lives.

    --
    Obama likes poor people so much, he wants to make more of them.
  6. We believe the market is for products that work by Taagehornet · · Score: 5, Funny
    'The PC without an OS is not a product because it doesn't work,' said Alain Spitzmuller, legal affairs director for HP France. 'We believe the market is for products that work.'
    That would be like selling printers without including the paper... Oh, never mind...
    1. Re:We believe the market is for products that work by 75th+Trombone · · Score: 1

      The real analogy is being legally mandated to not sell paper with your printer. Which I hope we all agree is lame; it's not like anyone's keeping you from installing someone else's paper.

      --
      The United States of America: We do what we must because we can.
    2. Re:We believe the market is for products that work by 75th+Trombone · · Score: 1

      And no jokes, please, about "installing paper"; I took the verb from the analogous situation (i.e. operating systems) instead of the one I was describing.

      --
      The United States of America: We do what we must because we can.
    3. Re:We believe the market is for products that work by Anonymous Coward · · Score: 2, Insightful

      That would be like selling printers without including the paper... Oh, never mind...

      Speaking of which, isn't it annoying when you buy a printer and it doesn't come with a USB cable? HP, I'm looking at you. Maybe in France they include the necessary-to-function-beyond-printing-out-test-pag es data cable with their printers?

    4. Re:We believe the market is for products that work by ad0gg · · Score: 1

      Devils Advocate: How about banning printer companies from bundling ink cartridges?

      --

      Have you ever been to a turkish prison?

    5. Re:We believe the market is for products that work by empaler · · Score: 1

      Except this paper's price can be measured in a meaningful percentage of the TCO.

    6. Re:We believe the market is for products that work by empaler · · Score: 1

      (..)isn't it annoying when you buy a printer and it doesn't come with a USB cable? HP, I'm looking at you. L. M. A. O.
    7. Re:We believe the market is for products that work by Tony+Hoyle · · Score: 1

      The real analogy is being legally mandated to not sell paper with your printer. Which I hope we all agree is lame; it's not like anyone's keeping you from installing someone else's paper.

      You are. At least in Europe.

      Dealers often ship with some office paper but printers don't come with it. Not even HP printers.

    8. Re:We believe the market is for products that work by FuturePastNow · · Score: 1

      Wouldn't it also make cars illegal? The companies that sell them don't make gas.

      --
      Give a man fire, and you warm him for the night. Set a man on fire, and you warm him for the rest of his life.
    9. Re:We believe the market is for products that work by darkonc · · Score: 2, Interesting
      They're not necessarily asking to Mandate that HP sell machines without OS. Just that people not be forced to buy their HP-computer with MS-Windows.

      The paper analogy doesn't really work because paper is a consumable, so once you finish off your box of (mandated) Weyerhauser paper, you can buy the rest of your supplies from Scott, or whomever.

      This is especially a problem because, nowadays, MS-Windows is a significant part of the price of a low-end PC. This might be more like buying a $200 printer and finding that it comes with 3 cases of Weyerhauser virgin-forest salmon pink paper. This is fine for people who

      • don't prefer recycled paper,
      • don't mind printing on salmon pink
      • like the quality of Weyerhauser paper
      • actually expect to use 3 cases of paper in the life of the printer, and
      • don't mind paying for $100 of paper up front.
      Part of the fallacy, as well, is the presumption that HP (and DELL, and Gateway) made the decision to mandate MS-Windows on (almost) all of their computers in the absence of any arm-twisting by MS. What this case is really meant to do is un-twist HP's arm so that all of the OS distributers left standing these days have a level playing field when it comes to selling their OS to prospective customers.
      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    10. Re:We believe the market is for products that work by assassinator42 · · Score: 1

      I agree. And then the store wants you to buy their $30 USB cable to get it working. I think printer may be the only USB device not to include a cable, or at least one of the only devices.

    11. Re:We believe the market is for products that work by tepples · · Score: 1

      Wouldn't it also make cars illegal? The companies that sell them don't make gas.

      I answered that.

    12. Re:We believe the market is for products that work by Chaset · · Score: 1

      Giving them a Heaping Pile of benefit of the doubt (which, honestly, I don't think they deserve, but only as a point of consideration)... Back in the days when printers came with both parallel and USB ports, it may have made some sense to let the consumer buy the cable separately and not stick them with extra unwanted cables. Of course, with USB only printers these days, it's totally moot.

      --
      -- "This world is a comedy to those who think, a tragedy to those who feel."
    13. Re:We believe the market is for products that work by ceoyoyo · · Score: 1

      That would be like selling printers without a cable.... Oh, never mind....

    14. Re:We believe the market is for products that work by ignavus · · Score: 1

      Or selling computers without an office suite.

      Most Linux distros come with a office suite, but windows has no presentation software, no spreadsheet, no database front end, and a second rate word processor. And Windows costs more than the bare machine and a free OS.

      Put a free copy of Ubuntu with OpenOffice on every HP, and let the user buy another OS (like Solaris or Windows) separately if they want it.

      --
      I am anarch of all I survey.
    15. Re:We believe the market is for products that work by dcam · · Score: 1

      That would only be equivalent if the printer cartridges were only made by one manufacturer, no matter which printer you bought.

      --
      meh
    16. Re:We believe the market is for products that work by EvilIdler · · Score: 1

      HP, Canon and Epson are all guilty of not including the bare essentials.
      Strangely, the worst manufacturer of them all, Lexmark, sometimes includes that cable.

    17. Re:We believe the market is for products that work by westlake · · Score: 1
      This is especially a problem because, nowadays, MS-Windows is a significant part of the price of a low-end PC.

      It is not a problem for the buyer when competition for mass market Windows sales drives system prices down and specs up.

    18. Re:We believe the market is for products that work by Yvan256 · · Score: 1

      Well, some printers now have ethernet ports, so the point becomes valid again. Granted, I'm mostly talking about laser printers, but given the price of laser printers and the price of ink for inkjet printers, someone would have to be insane to buy an inkjet printer in 2006/2007.

    19. Re:We believe the market is for products that work by darkonc · · Score: 1

      It is a problem when people don't get a choice of OS to install on their system. Paying 30% of your system cost for an OS that you're not going to use is a rather onerous tax. If it wasn't for Microsoft twisting the arms of large distributors to prevent them from distributing machines with Linux (or at least without Windows), a lot more people might have realized just how useful a Linux box is these days.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  7. Complicated things? by NineNine · · Score: 2, Insightful

    So, how are complicated things sold in France? Are cars sold without tires? Are lawnmowers sold without blades? Are shoes sold without laces? Are pizzas sold without toppings?

    This sounds like a very confusing and difficult place to do business. Well, considering their unemployment rate, maybe it is.

    1. Re:Complicated things? by Bryansix · · Score: 2, Insightful

      I'm sure the summary does not cite the law correctly. However it is obvious that a Pizza with toppings is still one product. However it is also obvious that an OS is a completely different product from a Computer.

    2. Re:Complicated things? by NineNine · · Score: 1, Troll

      I can eat a pizza without onions. I can buy onions in the store. Two separate items. Both completely functional. A computer without an OS is not functional. An OS without a computer is not functional. It's a stupid law.

      Of course, this is coming from a country where people *riot* if they are not guaranteed, by law, that they cannot be fired for two years.

      http://www.pbs.org/newshour/bb/europe/jan-june06/f rance_4-4.html

    3. Re:Complicated things? by The+Bungi · · Score: 1
      And when/if this group finally wins this lawsuit (French consumer law! yay!) HP will sell PCs without an OS in... France. And everybody will buy these PCs... yes, because Francois wants to install Ubuntu Christmas morning. Or better yet, buy Windows retail for $199 or whatever that's in Euros instead of getting it bundled for $40.

      Oh yes, the "Microsoft tax". Always a winning argument.

    4. Re:Complicated things? by NineNine · · Score: 1

      You're right. Geez, and I thought that my dad had it bad having to put together a bicycle every few years in the middle of the night. I can't imagine my poor dad having to stay up late to install an OS because he's not allowed to buy a working computer. Wow.

    5. Re:Complicated things? by Foofoobar · · Score: 1

      I have had to sell pizzas to customers without toppings when I worked at a pizza place. I had one customer who was allergic to cheese and another who was allergic to tomatos and couldn't have the tomato paste. Cars have to be made 'road ready' (except in the case of cars for salvage) but all other options are up to the consumer. There is no 'ready for the internet superhighway' law so this is not unreasonable to request a computer without an OS. It's not impossible to offer, they just can't do it due to Microsoft's anti-competitive licensing agreements that they signed.

      --
      This is my sig. There are many like it but this one is mine.
    6. Re:Complicated things? by geekoid · · Score: 2, Informative

      "A computer without an OS is not functional. "
      that is completly wrong and shows that you have complete ignorance no how computers work.

      Hint: you can start a computer without an OS, and it works, otherwise how could you install an OS?

      As for your pizza counter arguement, you are missing one important fact: You ASK for onions with your pizza. If HP want to sell the OS seperate it can. They can give you the option for it to come bundled or not, and that's fine to. What they can not do is mandate you must get windows whwen you buy a computer whether you want it or not.

      You don't have to agree with it, but at least TRY to understand the issue.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    7. Re:Complicated things? by a_n_d_e_r_s · · Score: 2


      A computer without an OS is not functional. An OS without a computer is not functional. It's a stupid law.

      How functional is a DVD-player without a DVD ? Or a CD-player without a CD ?

      Is it OK if all DVD-players included a a copy of the Lion King. And all CD-players are sold with a copy of Celine Dions greatest hits ?

      --
      Just saying it like it are.
    8. Re:Complicated things? by TeknoHog · · Score: 4, Informative

      In (Soviet) Finland, it's illegal to bind the sales of cell phones to a certain network. It's exactly the same logic as with computers and operating systems.

      It isn't really applied to computers though; when I bought my current laptop last year, I made a vague attempt at Windows refund, only to get a reply along the lines that computer+OS is a single product. I'm mainly pissed off of the fact that this probably counts for the Windows market share, even if I never accepted the EULA.

      However, there is a recent exception to allow such binding for 3G phones. It's meant to accelerate the adoption of new technology, since the 3G phones are comparatively expensive. So instead of paying the full price of the phone, it's spread over a, say, 24-month service contract.

      --
      Escher was the first MC and Giger invented the HR department.
    9. Re:Complicated things? by 644bd346996 · · Score: 1

      First of all, this IS France we are talking about. Second, a computer without windows or another operating system still works. It just does not necessarily have the functionality of windows. Depending on the complexity of the firmware, however, a computer sans operating system may be able to repartition its disks or even access a network for the purposes of loading an operating system. All computers can perform some degree of hardware configuration and testing without an operating system. This is real, honest-to-goodness functionality without an operating system. It is quite reasonable for an operating system to be totally non-functional without a computer because the operating system is an (optional) add-on to the computer. (By optional, I mean that, at the very least, you have the option of picking which operating system you use.)

    10. Re:Complicated things? by smartr · · Score: 1

      Why should someone who wants a product, a dell computer, be forced to pay for another product, Windows, that they don't want? If I want a pizza, and I don't want any onions, the pizza place won't tell me that they're sorry, but the convicted onion monopoly company says we can only sell pizza with onions in accordance with our anti-competative contract. If I puchase 10 dell pc's that I want to put linux on, why must they come with windows. I'm pretty sure they'll refuse me that convienance, much less a discount for not including a "$100" product.

    11. Re:Complicated things? by 644bd346996 · · Score: 2, Interesting

      The most that would result from these lawsuits would be that HP (and probably other companies) would be compelled to give the consumers the CHOICE of purchasing a pc without an operating system. Please stop implying otherwise.

    12. Re:Complicated things? by Riquez · · Score: 1
      So, how are complicated things sold in France? Are cars sold without tires? Are lawnmowers sold without blades? Are shoes sold without laces? Are pizzas sold without toppings?
      When making analogies it's important to compare like-to-like.

      A car tyre is like a network card - not an os.
      The OS for a car is the human that drives it - so yes, the car is sold without an OS.

      btw, pizzas without toppings are called Pizza Bases & shoes without laces are called slippers.
      If every pizza came only with "MS Anchovy & Gorgonzola" & you had no choice in the matter, i'm sure you would have some complaints too.
      --
      * Game Over * High Score: 264,846,927 -- Your Score: 14
    13. Re:Complicated things? by NineNine · · Score: 1

      A car tyre is like a network card - not an os.
      The OS for a car is the human that drives it - so yes, the car is sold without an OS.


      You can't use a car for its intended purpose without tires. You can't use a computer for its intended purpose without an OS.

      You CAN use a car without a stereo. You CAN use a computer with no network card.

      Speaking of network cards, somebody needs to hurry up and sue motherboard makers for not selling a motherboard without a network connection, these days. I might want to buy a computer with no network connectivity.

      Seriously... what happens in a few years when you want an absolutely secure computer, and you can't buy one without wireless? Nobody outside of engineers could be SURE that the wireless connection wasn't doing something intentional or not.

    14. Re:Complicated things? by khallow · · Score: 1

      Sounds like a bad interpretation of the law in question. My uninformed suspicion is that the law is intended to make illegal certain kinds of hidden obligations or liabilities. Namely, buying a product only to find that you have to buy something else afterwards in order to use the first product. I don't know how it treats products like HP's printers which require ink cartridges and other replacement parts to continue to function indefinitely. But I doubt the law was intended to prohibit the bundling of products into a single product.

      Hmmm, glancing at it, I don't see that the functionality of the PC (really the product here is a bundle, PC and installed software) is linked to the functionality of Windows (or any other product) which really seems to be the legal meaning of the law. The customer can install a different OS over Windows. They aren't required to buy further HP or Microsoft products in order to use their machine. Being unable to buy components of the bundle seperately doesn't strike me as "linking functionality", but I don't know the law in question.
    15. Re:Complicated things? by Sigma+7 · · Score: 1
      you can start a computer without an OS,


      Not really. It would stop at an error message such as "No system volume" or something similar.

      If you have an old computer, such as a Commodore 64, you may be lucky and have a BASIC ROM chip that acts as an OS itself. However, most computers off the shelf require an operating system to run, even if it is something as simple as Dos.

      otherwise how could you install an OS?


      Most OS distributions have at least one bootable floppy disk, or one bootable CD - also known as secondary boot devices. In theory, you could run an app OS free from a pair of floppies, but you are only running that single app rather than using a computer.

      As for your pizza counter arguement, you are missing one important fact: You ASK for onions with your pizza.


      Allow me to correct the original analogy: It's closer to trying to use unprocessed yeast in it's original form as the pizza, rather than the proper method of preparation and cooking.
    16. Re:Complicated things? by fishyfool · · Score: 1

      and what of Live Linux distros? they boot from cd, and install nothing.

      --
      Enjoy Every Sandwich
    17. Re:Complicated things? by zippthorne · · Score: 1

      Nobody outside of engineers could be sure the board doesn't actually have wireless it's not telling you about either. How paranoid do you really want to be?

      --
      Can you be Even More Awesome?!
    18. Re:Complicated things? by Anonymous Coward · · Score: 0

      The lawsuit (you'll have to go look at other articles on it to see this) makes a distinction in this case because HP WILL sell you a naked computer or one with another operating system if you are some big business or government, but WON'T if you just buy one off their site or in a store as a single purchase, joe user retail purchase. They say-allege- this is consumer unfriendly and illegal by French law and near as I can see it as they have outlined it it's a slam dunk for the plaintiffs. The upshot of this will be all the computer makers (there) will be forcefully unbundled, which is good for overall consumer choice. If you travel to france and wish to purchase a computer, you still will be able to, and then you can go purchase your favorite flavor of windows to put on it. You still have all the choice you want, just this lawsuit will allow others a similar level, something they don't have now. Just like others have said, no different from buying a portable MP3 player, then sticking what songs you want on it. Hanging out by itself, with no tunes or headphones, an MP3 player is a paperweight. but it's a product and you can quite easily buy them "empty". This is fair enough of a rule to apply to computers and what is on their hard drives. They still have a BIOS, which is OS enough to install anything you want.

    19. Re:Complicated things? by Tony+Hoyle · · Score: 1

      I don't know how it treats products like HP's printers which require ink cartridges and other replacement parts to continue to function indefinitely.

      European law says that HP can't make the printer only work with HP ink cartridges - so clone and refilled cartridges are expected to work. HP have already tried this and been slapped down (http://www.theregister.co.uk/2002/12/30/eu_tells_ hp_et_al/). In the US Lexmark did the same then invoked the DMCA to legalise the practice...

      That's analagous to HP making a machine that was hardcoded to not boot anything but Windows (via TPM of something) (even the mac isn't locked to a single OS - you could boot linux for example). That's not what's happening here.

    20. Re:Complicated things? by despisethesun · · Score: 1

      Yeah, but it's still an OS. Saying that you can use a computer without an OS installed because you can use a Linux Live CD is kind of ridiculous. I guess you're getting around the technicality of the "installed" requirement, but you're still not getting around the "a computer is useless without an OS" part of the argument. You're really just being pedantic. The real arguments you should be discussing is "is windows the only useful OS?" and "should I be forced to pay for an OS I won't be using?"

      BTW, I've used my share of Live Linux distros, and while they're not useless, they're really not practical for anything resembling regular computer use. They're great for testing hardware compatibility, fixing certain issues where the installed OS isn't able to boot, running a trusted OS+apps on a public or shared computer, etc. I wouldn't use one as my main OS without installing it to the HD first though since running everything from a CD or DVD is painfully slow, among other problems.

      --
      This poo is cold.
    21. Re:Complicated things? by westlake · · Score: 1
      However it is also obvious that an OS is a completely different product from a Computer.

      Is it so obvious to the users who have bought PCs as plug and play appliances for the last twenty-five years?

      Stop thinking like a Geek and start thinking like a Christmas shopper. Do you really want to spend Christmas Eve assembling that bicycle for your kid?

    22. Re:Complicated things? by E++99 · · Score: 1
      "A computer without an OS is not functional. "
      that is completly wrong and shows that you have complete ignorance no how computers work.
      Hint: you can start a computer without an OS, and it works, otherwise how could you install an OS?

      No, it's not functional. Installing operating systems is not one of the functions that customers (at least the vast majority of customers) buy computers to be able to perform. (Nor would the vast majority of computer buyers be very happy if they had to install an OS after they bought a computer.) The OS is no more a distinct product than the memory or the hard drive or the bios, or the processor.
    23. Re:Complicated things? by mysticgoat · · Score: 2, Insightful

      A computer without an OS is not functional. An OS without a computer is not functional. It's a stupid law.

      By that reasoning, since a new tire needs to be on a wheel to be functional, the HP Tire Co can require a customer to buy a wheel from them whenever he buys one of their tires. Even though the wheel was not made by them, and without regard to whether the lug pattern of the wheel that they provide will fit the axle of the vehicle the customer wants to put the tire on. Yeah, there is something stupid here, but I don't think it's the law that is stupid.

      A prudent user keeps the original disks and software license certificates in a safe place, and of course also keeps a complete backup image of the system in an off site location. If his two week old HP computer is destroyed in a fire, he should be able to buy a brand new replacement without an OS, and load it from his original disks and backups. He should not have to pay MS twice for using one instance of their OS.

      I know that HP gets a discount on the Windows licenses they buy from MS, and my understanding is that the size of that discount depends partly on how many they purchase but also partly on whether they agree to put a copy of Windows on every box they sell. This is a de facto kickback scheme, and a practice that appears to be illegal in France and is probably also illegal in the USA. It will probably be tested in the USA courts in a couple of years or so.

    24. Re:Complicated things? by Kangburra · · Score: 1
      And when/if this group finally wins this lawsuit (French consumer law! yay!) HP will sell PCs without an OS in... France. And everybody will buy these PCs... yes, because Francois wants to install Ubuntu Christmas morning. Or better yet, buy Windows retail for $199 or whatever that's in Euros instead of getting it bundled for $40.

      Oh yes, the "Microsoft tax". Always a winning argument.


      Actually you may have a point. If I was buying a machine with Vista on I would prefer a retail copy, so I can use it when I buy the next machine. So this time I don't want the OEM version and next time I don't need any version as I already have one.

      So it's not just Linux people who want this bundling stopped. Although I would also put Debian on it! ;-)
      --
      Common sense is not so common
    25. Re:Complicated things? by jawtheshark · · Score: 1

      That's funny you mention it: back in the day, pretty much all DVD player came with at least "The Matrix" DVD. I suspect that it was to "launch the medium". Not sure though.

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    26. Re:Complicated things? by jawtheshark · · Score: 1

      Do you really want to spend Christmas Eve assembling that bicycle for your kid?

      If the bicycle would be sold by IKEA.... Then yes ;-)

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    27. Re:Complicated things? by gsn · · Score: 2, Insightful

      But you do already have the CHOICE of purchasing a PC without an operating system. Heck, even Dell can sell no OS PCs (well I think it comes with FreeDOS these days) or you can build the damn thing yourself. But if I want to sell a PC tied to a particular operating system then I should be allowed to do so (Apple certainly thinks so). If you don't like it give someone else your money.

      Or go after MSFT and prevent them from doing shady deals where they can offer mass discounts to OEMs if OEMs sell you a keyboard with a windows key and a sticker and don't advertise other OSes. If MSFT wants to sell a product at x at retail then they either sell it at x to the OEM or some fraction of x WITHOUT forcing the OEM to become party to MSFT's anti-competitive behaviour.

      HP isn't the right target here and whatever their numerous faults I think they are in the right in this case. Now granted I think they OUGHT to offer a no OS option and indeed I think they are bastards for not doing so already. I do not think they should be forced by law to do so however.

      And the law isn't mad - I would hardly be a fan if a drug company decided not to sell me a cancer cure unless I bought their cold medicine as well. The trouble with laws is the second you draw a clean line to seperate things into black and white you find that you couldn't really make everyone happy, which is thankfully why we have courts. I think HP is on the right side of the line here though because you really aren't forced to buy anything from them at all.

      Everything below isn't part of the point I'm making and is entirely me ranting so if you are easily offended or love MS/HP don't bother reading it or mark me troll if you want.

      The sad thing is even if MSFT allowed OEMs to sell you PCs with an another operating system they'd still keep their OS monopoly because
      a) people are used to windows and all their programs, games and documents are already on windows and its a PITA to get things to work under wine or in OO.
      b) tech support for most linux distros is still hunt forums for obscure thread that fixes problem for a few hours - mind you atleast this does fix the problem - if something goes wrongs with my windows box its typically much more serious and calls for a full reinstallation - but people like the reassurance of a 1-800 number where you can get someone who doesnt know shit reading from a script - something I can't see debian doing anytime soon for instance.

      An insightful poster on this forum pointed out that the average joe equated PC with an OS and another insightful poster replied out that this was only because they didn't know otherwise - but the trouble is people don't want to know otherwise at all. The Microsoft lockin isn't really with the OEMs, or the DRM or the proprietary formats anymore - the lockin is in the head of the customer that is so used to and comfortable with the windows monoculture that they do not want to change. Sheeple.

      As for my personal opinion of HP - since Agilent was spun off they've never gotten my buisness. I think Bill Hewlett and Dave Packard would turn in their graves if they saw HP today.

      --
      Reality must take precedence over public relations, for nature cannot be fooled.
    28. Re:Complicated things? by violent.ed · · Score: 1

      You can get a Cheese Pizza if you want, or hell even a pizza without cheese. you have the option to pay for additional toppings.

      as for the car... i dont drive french cars, lawnmowers? i dont own grass in france. Shoes? Laces? i like velcro :)

      --
      - You're not paranoid, they really are after you.
    29. Re:Complicated things? by khallow · · Score: 1

      I know that HP gets a discount on the Windows licenses they buy from MS, and my understanding is that the size of that discount depends partly on how many they purchase but also partly on whether they agree to put a copy of Windows on every box they sell. This is a de facto kickback scheme, and a practice that appears to be illegal in France and is probably also illegal in the USA. It will probably be tested in the USA courts in a couple of years or so.

      It's not illegal in the US. And frankly, I doubt it's illegal in France.
    30. Re:Complicated things? by khallow · · Score: 1

      Why not? There isn't some right to have exactly what you want. Vote with your wallet if you don't like it.

    31. Re:Complicated things? by Anonymous Coward · · Score: 0

      > But you do already have the CHOICE of purchasing a PC without an operating system. Heck, even Dell can sell no OS PCs (well I think it
      > comes with FreeDOS these days) or you can build the damn thing yourself.

      Most bigname manufacturers do not propose the same hardware configurations with and without windows. Also the FreeDos PCs are not available in wall-marts

      > But if I want to sell a PC tied to a particular operating system then I should be allowed to do so (Apple certainly thinks so)

      The apple situation is a bit dissimilar as both the OS and the hardware are made by the same corp, the OS is not targeted at other hardware, they don't have a significant part of the computer market and so on

      > HP isn't the right target here and whatever their numerous faults I think they are in the right in this case.

      HP wasn't singled out in this suit. They're suing one big computer manufacturer (HP), one big wallmart franchise (auchan) and one specialised electronic franchise (darty). They have the whole bundling ecosystem in their sights.

      Of course as soon as they get their ruling the competitors will feel the stick too, but it was much more efficient not to sue every single actor in the market in one shot (the trial would have taken ages)

      Also the French law makes a difference between tying and bundling.
      Tying is forbidden. You can bundle to your soul's content.
      The difference between tying and bundling is the elements of a bundle can be purchased separately (in the same shop). This is obviously not the case when most of the big-brand computer models are never sold naked (and when they are they're hidden deep inside the manufacturer website, not at retail)

    32. Re:Complicated things? by Anonymous Coward · · Score: 0
      In (Soviet) Finland [..]
      Whoa, hold your horses there sparky! That is NOT funny. In Finland you can get your ass kicked for implying we're "Soviet". Look into finnish history and you'll know what I mean (more specifically, see The Winter War during WW2, a very worth-wile read if you have the time). It's not that we hate russians, mind you, but our elders sacrificed a lot defending us against the russians just so we could remain independent. in fact, even today ruskies have a tendency to make us paranoid. We're not as sensitive about our history as say, the germans, but I figure I owe it to my great grandfather to speak up for kicking ass all those years ago. Tough as nails, he was.
    33. Re:Complicated things? by Anonymous Coward · · Score: 0
      "But you do already have the CHOICE of purchasing a PC without an operating system. Heck, even Dell can sell no OS PCs (well I think it comes with FreeDOS these days) or you can build the damn thing yourself."


      Have you already tried to buy a laptop without Windows, or with Linux? Well, you can't. Unless you're ready to pay *more* than with Windows pre-installed.
    34. Re:Complicated things? by Anonymous Coward · · Score: 0

      Compared to the American right, we ARE very socialist in Finland, and we were a lot worse in the 1970's, what with the overly sensitive political atmosphere back then. Even today, it is ridiculous how much regulation and subsidization of all kinds of activity is going on.

    35. Re:Complicated things? by gsn · · Score: 1

      Have you already tried to buy a laptop without Windows, or with Linux? Well, you can't. Unless you're ready to pay *more* than with Windows pre-installed.

      Yes I can. You are wrong. I have bought laptops without Windows installed, and have been able to get them cheaper than without Windows pre-installed. I posted this in another of my posts but just for you AC.

      http://mcelrath.org/laptops.html

      If you claimed I couldn't get it from a big name brand liek Dell I might agree with you but then again no one is forcing you to buy from Dell at all.

      --
      Reality must take precedence over public relations, for nature cannot be fooled.
    36. Re:Complicated things? by mysticgoat · · Score: 1

      It's not illegal in the US. [referring to the disguised kickback scheme of HP bundling Windows on its computers]

      Technically parent is correct; MS's licensing practices have not been fully tested in the courts as yet: they have not yet been proven illegal. But the practice of hidden bundling with kickback (in this case in the form of a steeply discounted licensing cost) almost certainly violates some of the existing regulations of interstate commerce. It is illegal for physicians to accept kickbacks from pharmaceutical houses for writing prescriptions, and new car dealers are required to openly list the cost of each accessory manufactured by a third party that has been added to the car. However in both cases it took decades for any effective regulations to be put in place. Things seem to be moving faster when it comes to abusive software licensing schemes (witness the action in France), so I think this the practice that MS and HP are engaged in will be studied by the courts in a few years.

      It would be kind of neat if software licensing was brought fully under contract law and the licenses made unassignable (nontransferrable). That is, the licensing contract would have to be between the end user and the software house, with no middleman or third party agent involvement. In practice, this would mean that HP could install unlicensed copies of Windows on its boxes, but the user would have to directly contract with MS, including a direct payment to MS, to license and activate the copy. There is plenty of law and precedent for this kind of arrangement and there is no reason why software licensing contracts should continue to be treated any differently than contracts for real estate purchases or utility services.

    37. Re:Complicated things? by Bryansix · · Score: 1
      Do you really want to spend Christmas Eve assembling that bicycle for your kid?
      Yes, sounds like fun! I love working on bikes.
  8. The honest truth about France by Anonymous Coward · · Score: 2, Funny

    During the riots and car burnings last year, Disneyland France cancelled the nightly fireworks displays because every night, French soldiers would surrender to Czech tourists.

    1. Re:The honest truth about France by TaGirl_Keri · · Score: 0

      whereas you yanks have surrendered to big business.

      --
      My fav units are dead Mavs
    2. Re:The honest truth about France by Anonymous Coward · · Score: 0

      Why do the usual racist comments have to be modded up as "Funny" when they are unrelated to the issue at hand? The honest truth about France is that consumer groups are *actually* doing something against the Microsoft Tax, and that they have a reasonable chance to win. Shouldn't that calm down the /. monkeys?

    3. Re:The honest truth about France by blazematrix · · Score: 0, Flamebait

      LOL! It's funny when people make fun of the French,,, LOL! They always call it "racist comments"! So, when someone make fun of Americans, is that racist too?

      LMFAO!

  9. Obligatory by Rosco+P.+Coltrane · · Score: 1, Funny

    "A French consumer group has filed 3 lawsuits against HP [CC], saying the company's practice of selling consumer PCs with Windows pre-installed violates a French law that 'prohibits linking the functionality of a product to another product'

      FRENCH GUARD:
            Allo! Who is eet?
    ARTHUR:
            It is HP, and these are my Knights of the Round Table. Whose computer is this?
    FRENCH GUARD:
            This is the computer of my master, Guy de Loimbard.
    ARTHUR:
            Go and tell your master that we have been charged by God with a sacred quest. If he will give us his computer for the night, he can join us in our quest for the Holy Installation of Windows.
    FRENCH GUARD:
            Well, I'll ask him, but I don't think he'll be very keen. Uh, he's already got Linux, you see.
    ARTHUR:
            What?
    GALAHAD:
            He says they've already got Linux!
    ARTHUR:
            Are you sure he's got it?
    FRENCH GUARD:
            Oh, yes. It's very nice-a. (I told him we already got Leenooks.)
    FRENCH GUARDS:
            [chuckling]
    ARTHUR:
            Well, u-- um, can we come up and have a look?
    FRENCH GUARD:
            Of course not! You are English types-a!
    ARTHUR:
            Well, what are you, then?
    FRENCH GUARD:
            I'm French! Why do think I have this outrageous accent, you silly king-a?!
    GALAHAD:
            What are you doing in with computers?
    FRENCH GUARD:
            Mind your own business!

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Obligatory by Bryansix · · Score: 2, Funny

      ARTHUR:
      Please Let us In! Please! I beg of you!
      FRENCH GUARD:
      Go Avay or I will fart in your general direction!

    2. Re:Obligatory by swalters1 · · Score: 1

      *in the distance you hear the faint sound of a macintosh starting up followed by... Mooooooooooooooo*

      Im not a linux fan, or an MS fan or a Mac fan, I'm a computer fan... and that's funny.

    3. Re:Obligatory by TwinGears · · Score: 1

      I have to say that's great! Thanks for the giggles. ;)

      --
      The immature mind measures.
    4. Re:Obligatory by mkw87 · · Score: 1
      An african AMD processor or a european AMD processor?

      Well which one's faster?

      --
      Arguing with an engineer is like wrestling a pig in mud. Soon, you realize the pig is dirty, and he likes it.
  10. Re:He's an idiot by Bryansix · · Score: 1

    He's not an idiot. He is just good at marketing bullshit lines like that to idiots who will buy it.

  11. There goes my business plan... by Anonymous Coward · · Score: 0

    ...of selling cones topped with ice cream in France.

  12. Re:He's an idiot by Anonymous Coward · · Score: 1, Insightful

    I guess Mr. Spitzmuller has never purchased an uninflated baloon or a lawn mower without any fuel in it.

  13. IBM/Lenovo is worse by rduke15 · · Score: 1

    I wish I could also sue them for all the crap that comes ON TOP OF Windows. Google Desktop (even if you say no to the license, it stays there), Google Toolbar, Diskeeper Lite which hijacks standard OS tools like defrag and wants you to buy a worse version, Symantec Internet Security (notoriously hard to uninstall), and all those useles IBM utilities and whatnot.

    1. Re:IBM/Lenovo is worse by Anonymous Coward · · Score: 0

      Or one of the zillion wireless network "helpers" that seem to infest laptops these days, hijacking the underlying system and forcing you to learn how to setup with yet another helpful (yeah right) utility, stretching a 5 minute install out to hours. God I *hate* those things!

  14. More specifically, by Fred_A · · Score: 5, Informative

    That law won't let you make the buying of one product the condition for the buying of another. In this case, of course, you have to buy MS Windows (and assorted crap) in order to be able to buy the PC.

    In addition to this while the EULA specifically mentions a refunding process, resellers won't honour it.

    Both the ministry of commerce and the bureau in charge of the consumer protection have given advice on the matter to the effect that the OS and the PC are two distinct products and that the sale of one cannot be bound to the other. So normally any PC for sale should have its price listed as X + Y + Z where X is the machine, Y the OS and possibly Z the extra software. However since the resellers won't comply, the courts will have to sort it out.

    --

    May contain traces of nut.
    Made from the freshest electrons.
    1. Re:More specifically, by Rosco+P.+Coltrane · · Score: 1

      Tres groovy explicanation. Thank vous tres much!!

      --
      "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    2. Re:More specifically, by Valtor · · Score: 1

      I guess you meant

      Très bonnes explications. Merci beaucoup!! ;-)

      --
      "Sockets are the standard networking API, also useful for stopping your eyes from falling onto your cheeks" zeromq.org
    3. Re:More specifically, by hobbes75 · · Score: 1

      But HP should be allowed to sell a PC without OS for a higher or the same price because the configuration is much less common. E.g. the OS free HD has to be installed from another batch, or the installation step has to be manually skipped. Lots of reasons to justify the higher price.
      I think the customer should just not buy from them and stfu instead of seeking legal action. (Btw. that's what I think everybody should do with HP since sbout 1990 or so)

  15. Bad analogy by seifried · · Score: 4, Insightful

    A car without gas doesn't work, yet I am free to buy a car without gas in it and bring my own gas to use in it. As far as computers go I order barebone machines all the time (Sun X2100's being a great example, they offer Solaris, SuSE, Red Hat, Windows or no OS). I can do the same from many vendors for desktop systems. Apparently selling machines without an OS is acceptable to a large number of consumers.

    1. Re:Bad analogy by TheSeer2 · · Score: 1

      Large can still be 1% of consumers. Stop using sneaky words :P

    2. Re:Bad analogy by Jarjarthejedi · · Score: 1

      "A car without gas doesn't work, yet I am free to buy a car without gas in it and bring my own gas to use in it."

      "...large number of consumers."

      Those two statements do not belong in the same post much less the same paragraph...

      The % of people who buy cars without gas in them is probably less than the % of PC users who don't use Windows...bye bye Mr. Analogy

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    3. Re:Bad analogy by RajivSLK · · Score: 1

      Your analogy is flawed. Using your analogy, if a car is like a computer and gasoline is like the OS, then, in France, it would be illegal to buy a car WITH gasoline. Everybody would be required to bring along a jerrycan when purchasing a car.

    4. Re:Bad analogy by totally+bogus+dude · · Score: 1

      Congratulations, you've just highlighted the problem.

      The % of people who want to use an OS other than Windows is higher than the % who would want to use their own gas in their new car; yet it's the tiny number of people in the second group that are catered to.

    5. Re:Bad analogy by westlake · · Score: 1
      I order barebone machines all the time (Sun X2100's being a great example, they offer Solaris, SuSE, Red Hat, Windows or no OS). I can do the same from many vendors for desktop systems. Apparently selling machines without an OS is acceptable to a large number of consumers.

      You are a Geek. You think in terms of purchase orders in units of 10, 100, 1000.

      You are Dell or HP. You sign contracts for the entire output of a half-dozen Asian OEMs for the next five years. To help meet your commitments in the retail market for the Windows laptop.

    6. Re:Bad analogy by E++99 · · Score: 1
      A car without gas doesn't work, yet I am free to buy a car without gas in it and bring my own gas to use in it. As far as computers go I order barebone machines all the time (Sun X2100's being a great example, they offer Solaris, SuSE, Red Hat, Windows or no OS). I can do the same from many vendors for desktop systems. Apparently selling machines without an OS is acceptable to a large number of consumers.

      Sorry, an OS is NOT a consumable. Yes, there exists a niche market for barebones machines. So? That doesn't make it any less mindbogglingly absurd to require selling them that way by law!
  16. Hardly a unique situation... by Anonymous Coward · · Score: 0

    I can buy DVD players not bundled with DVDs. Does a DVD player without any DVDs 'work' or 'not work'?

    Whether or not it is anticompetitive to bundle Windows with hardware is a worthy question for the courts. However the suggestion that it is unthinkable to sell a computer without an OS is silly, just as it is silly to suggest that you can only sell DVD players if they are bundled with DVDs (and TVs, of course).

  17. "doesn't work" by doshell · · Score: 3, Interesting
    'The PC without an OS is not a product because it doesn't work,' said Alain Spitzmuller [...]

    In other news, auto dealers are now obliged to sell cars with all the gasoline they'll ever need to run, CD players must come with the complete works of modern music prepackaged (RIAA fees included), and TV sets have to carry recordings of all future programmes to be aired.

    --
    Score: i, Imaginary
    1. Re:"doesn't work" by 75th+Trombone · · Score: 1

      You've got it backwards. The situation is that HP is obliged to not sell the computer with the OS. Do you think it's sane and/or reasonable to mandate that CD players can't come with music? TVs can't come with bundled DVD sets? Etc.? I, personally, don't.

      --
      The United States of America: We do what we must because we can.
    2. Re:"doesn't work" by hotdiggitydawg · · Score: 1

      Do you think it's sane and/or reasonable to mandate that CD players can't come with music? TVs can't come with bundled DVD sets? Etc.? I, personally, don't. Yes, because the "bundled" music/DVDs are almost certainly something I don't want, and are likely complete crap. I don't need yet another copy of Kenny G's Greatest Hits. Oh wait, I've said too much...
    3. Re:"doesn't work" by a_n_d_e_r_s · · Score: 1

      Read the article. You got it wrong!

      HP is brought into court for that they dont allow the consumers the option to buy the computer without an operating system and thus forcing the consumers to buy an operating system from Microsoft or not buy the computer at all.

      --
      Just saying it like it are.
    4. Re:"doesn't work" by Anonymous Coward · · Score: 0

      you're an idiot and a shitball and you obviously have the reading comprehension of a 7 year old.
       
      hate windows all you want, but don't make shit up to make yourself look witty because it doesn't work, asshat.

    5. Re:"doesn't work" by despisethesun · · Score: 1

      thus forcing the consumers to buy an operating system from Microsoft or not buy the computer at all.

      Or they could buy from another PC manufacturer, one that does allow you to purchase a PC without Windows. Crazy idea, I know.

      --
      This poo is cold.
    6. Re:"doesn't work" by darkonc · · Score: 1
      No. The situation is that HP is obligated (by an unnamed force who'se initials are MS) to not sell the computer without MS-Windows.

      The GP posting, however, is incorrect. It's more like mandating that all major CD-player manufacturers sell their players the complete works of Celene Dion. -- and you have to build your CD player from scratch to have it start up without "Because You Loved Me," playing the first time.

      And then finding out that trying to sell your Celine Dion CDs on E-Bay gets you shut down by Sony Records accusing you of selling a pirate copy (because "nobody would want to listen to anything other than Celine").

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    7. Re:"doesn't work" by Anonymous Coward · · Score: 0

      Seriously, have you read TFA? You're either ignorant or stupid.

      The law obligates HP to offer the choice of an OS-bundled computer or a non-bundled one. It doesn't force them to only offer a non-bundled one.

    8. Re:"doesn't work" by doshell · · Score: 1
      You've got it backwards. The situation is that HP is obliged to not sell the computer with the OS. Do you think it's sane and/or reasonable to mandate that CD players can't come with music? TVs can't come with bundled DVD sets? Etc.? I, personally, don't.

      I don't have a problem with people bundling content with devices (personally, I usually opt for the no-bundle version, but that's just me). What is happening here, though, is that HP is not offering the choice of buying a PC without Windows under the pretense that it "wouldn't work" otherwise. This is a blatant lie for two reasons: first, the PC without an OS is perfectly "functional" under any sane definition of the term (as I tried to show by analogy in my post); and second, even if it is true that a PC needs to come with an OS to be labeled "functional", then Windows certainly isn't the only choice (they could even install FreeDOS on them, which would allow them to say it has an OS, even though it's most likely going to be overwritten with something else).

      Do I think HP should be obliged to sell PCs with Linux/BSD/Solaris/FreeDOS/whatever preinstalled? Of course not. I think they should sell them without an OS at all. That's the lowest common denominator.

      --
      Score: i, Imaginary
  18. Re:He's an idiot by Anonymous Coward · · Score: 0

    Yeah, I remember when it was common for computers to be sold without an OS on them. They worked back then. So that shoots down his argument.

  19. Refund? by shrtckt · · Score: 1

    My HP Pavilion dv5000 laptop came with XP preinstalled. The first time I fired it up it, the system wanted me to "agree to the terms" before XP would work. I blanked-out the hard drive anyway, I'm a Linux user. I can't remember where I heard it from, but I think I was told that if you don't agree to the terms & don't install XP, then you can get a refund for the cost of XP. Does anyone know anything about this?

    1. Re:Refund? by bogaboga · · Score: 3, Interesting
    2. Re:Refund? by shrtckt · · Score: 1

      Yea, that's it. Thanks.

  20. My Questions to Alain Spitzmuller... by Dracos · · Score: 1

    How many cars and trucks are sold in France without a driver? By his reasoning, a vehicle without a driver is not a product because it doesn't work.

    How many pastry ovens are sold in France without a heat source? By his reasoning, a pastry oven without gas or electricity is not a product because it doesn't work.

    How many wine glasses are sold in France without wine? By his reasoning, an wine galss without wine in it is not a product because it doesn't work.

    I can't think of an example involving cheese.

    1. Re:My Questions to Alain Spitzmuller... by braoult · · Score: 1

      Your are not french, obviously, because you nearly got the cheese mandatory items. You need nine obviously (involving glass, of course), bread, and also a knife.

      Du pain, du vin, du boursin, je suis bien...

    2. Re:My Questions to Alain Spitzmuller... by geekoid · · Score: 1

      How many holes are bought that aren't surronded by cheese?

      hmmm. too wordy.

      How many cheese knives are sold without cheese?

      Makes the point, but it's not funny.

      hmm tough one.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:My Questions to Alain Spitzmuller... by rHBa · · Score: 1

      How many cheeses are sold without a fondue set?

      How many escargots are sold without garlic?

      Incidentally, you can buy escargot shells without the snails here in France, go figure...

  21. Not a bad arguement by Jarjarthejedi · · Score: 3, Insightful

    Honestly I don't see why HP's argument is flawed, without an OS the PC is useless for things that consumer's want to do. HP could install Linux on every PC they ship, but the problems inherent in that should be easy to see for anyone, even the most die-hard linux fanboy (I'll give you a hint, basic computer + linux + user who knows nothing about PCs = PROBLEM). Basically the computer they're selling is largely useless to the average consumer without an OS pre-installed, and so either HP would have to change what they sell from full working PCs to almost full working PCs or they just need to win this. Face facts, without an OS the computer is no where near as useful. It's like telling McDonalds to stop putting their food in bags, because it's unfairly forcing the consumer to pay for something (the bag) that they're probably going to throw away. Or telling TV people to not ships cables with the TV, because it unfairly links cable sales to TV sales when the user may want a different cable. Admittedly Windows is more expensive but the situation is largely the same...

    --
    There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    1. Re:Not a bad arguement by Bryansix · · Score: 1

      Actually you are just a hater. Most users who know nothing only use their computers to go online and check email. Most distributions of Linux will just work out of the box for these purposes.

    2. Re:Not a bad arguement by TheSeer2 · · Score: 1

      Keep your trolling to more pro-MS posts. Choose an argument that doesn't generalise so much as to make you seem stupid.d

    3. Re:Not a bad arguement by geekoid · · Score: 2, Insightful

      So are toys without batteries; but they are still products.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Not a bad arguement by Jarjarthejedi · · Score: 1

      Okay...so how does that? Oh nevermind, I'm not even going to try and understand how thinking the average person want's Windows makes me a hater.

      "Most distros of Linux will work..."

      Sure they will, and then the people would go after that for being a required thing to buy a PC. This lawsuit is about bundling any OS, not just Windows. Sure, Linux is free, but, what is is, 80%+ people want Windows on their machine. Why not include something that 80%+ want? It's done in every other business (fast food default toppings, computer mice, DvD extras etc.) so why not PCs?

      And by the way, I know many a person who knows nothing about PCs and doesn't just use E-mail and the Internet. In fact I can cite 104 examples from today alone, I was setting up that many PCs for teachers. ((Let me tell you, these teachers know absolutely nothing about PCs. We had to be careful to install the box right-side-up because otherwise they'll complain about their CD players not working and refuse to flip it over so they don't break them (I'm not making this up, though sometimes I wish I was))). I was using those teachers, and the 500+ other teachers I've helped out as my examples of the average user who knows nothing. Where's your evidence?

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    5. Re:Not a bad arguement by P3NIS_CLEAVER · · Score: 1

      what if I don't like the version of windows that comes with it, and buy another version to put on it. I then paid twice for it! (I am not recommending doing this though)

      There needs to be a simple and easy way to get a refund for the OS if you don't want it.

      --
      Please sign petition to restore sanity to our banking system!!!

      http://financialpetition.org/
    6. Re:Not a bad arguement by Karaman · · Score: 1

      computer + any Microsoft Windows + user who knows nothing about PCs = even bigger PROBLEM.

      Do not forget! You can still repair most linux distros without reinstalling them or swearing at your BSOD :)

      --
      sex is better than war!
    7. Re:Not a bad arguement by _Sprocket_ · · Score: 1
      HP could install Linux on every PC they ship, but the problems inherent in that should be easy to see for anyone, even the most die-hard linux fanboy (I'll give you a hint, basic computer + linux + user who knows nothing about PCs = PROBLEM).

      Where does the article mention Linux? From the article:

      The group, the Union Fédérale des Consommateurs-Que Choisir, (UFC) alleges consumers frequently lack the option of buying "bare" computers without software. UFC said it wants consumers to be able to choose the software for their machine and get reimbursed for purchasing an OS they did not want.

      This is about offering an option without pre-loaded software (including whatever comes bunded as an "OS" these days). Does this mean HP shouldn't offer a bundled option too? Not that I could see. Go back over the article... read it again (or for the first time as the case may be).
    8. Re:Not a bad arguement by despisethesun · · Score: 1

      basic computer + user who knows nothing about PCs = PROBLEM

      Fixed your post. I've installed Linux on a few people's computers, and I have to help them out with problems far less than I do the Windows users I know. The fact is that if something goes wrong with a computer and the user is not fairly computer-literate, they're totally fucked regardless of the OS they're using.

      --
      This poo is cold.
    9. Re:Not a bad arguement by _Sprocket_ · · Score: 2, Insightful
      Let me tell you, these teachers know absolutely nothing about PCs. We had to be careful to install the box right-side-up because otherwise they'll complain about their CD players not working and refuse to flip it over so they don't break them (I'm not making this up, though sometimes I wish I was)

      So what you're saying is, to paraphrase, "basic computer + user who knows nothing about PCs = PROBLEM" - I'm not sure why you bothered to mention Linux. Unless the parent has a valid point.
    10. Re:Not a bad arguement by skeeterbug · · Score: 1

      a computer without an OS is very useful for those who want to install linux or another OS (kinda like me right now!). it isn't like the OS must be installed by HP. come on - this is about LOCKING PEOPLE INTO MSFT STUFF. HP gets a cut of the OS, too, so they are paid whores for the while process.

    11. Re:Not a bad arguement by csplinter · · Score: 1

      I don't believe anyone is saying HP should not have the right to sale computers preinstalled with Windows, only that the consumers should have the right to buy the machine with no OS if that's what they want.

    12. Re:Not a bad arguement by violent.ed · · Score: 1

      You miss where the argument is going. It is not that they dont NEED an OS like a BigMac needs a container & a bag for neccesary sanitary purposes & transportation to a designated consumption location, and they are not pushing for Linux to be pre-installed as a secondary option. It is the fact that we are FORCE FED a proprietary peice of software & Forced to PAY for it if we wish to even purchase, much less USE, their product.

      Imagine if you will: A PC that will in no way ever be turned on. As scary as that may seem, theoreticaly it could happen. Lets say i am an Artist© and i want to create a sculpture using nothing but HP desktops and laptops... Should i be forced to pay for an aditional peice of software that i will never, and after such modifications required for things to stick together, could never use? WHy can't I just purchase the hardware itself? maybe i want to write my OWN OS, maybe i want to install a DIFFERENT* OS!

      That is basically the point. Why be forced to pay the good ol' Microsoft Tax just to decline the EULA (given the fact that you even boot the damn thing up) and never use the software?

      Oh BTW, the version of windows that HP (and many other companies) bundles with their desktops CAN ONLY BE INSTALLED/USED on HP SYSTEMS! So forget about saying "Oh i wont use windows, so therefore my licence key is still valid for someone else's (non HP) system, lets go sell my key on EBAY FOR $50! WHy Not?? I Paid for it! I can SELL IT!"

      * Maybe i want to tinker with trying to run MacOSX built for a PowerPC on my new Core2Duo, as futile as it may be, I WONT USE F!@#$%& WINDOWS!

      --
      - You're not paranoid, they really are after you.
    13. Re:Not a bad arguement by violent.ed · · Score: 1

      I hate to reply to myself, but i had another thought: What about all that vendor provided Trial/Annoyance ware? Why not include a TRIAL version of windows! lets say... 90 Days worth! Why Not? I mean Microsoft is so kind to give out 60 day trial versions of Office! Something as fundamental and usefull as a trial of Windows should be included shouldnt it?

      If Microsoft Office has to be paid for seperatley, why isn't Microsoft Windows treated the same way? If i want Office on my PC past a trial period (depending on the vendor of course) why the hell dont i have to deal with a trial version of Windows? If i WANT WINDOWS THAT DAMN MUCH why cant i be bugged about REGISTERING FOR $99?!?! Screw "Validating" that its "Genuine", why not just make the people that want it pay for it after-the-fact?

      if you think about it, it wouldnt make good busniess sense to MS, it would actually put in people's faces that "Hey if i wan to continue to use WindowsXP/Vista, i have to open my pocket book AGAIN and pay ANOTHER $100 (a lot of people do see past the whole $99.99 crap, i work at circuitcity, i KNOW this, and for those that dont: ITS STILL ANOTHER $99!)

      If they were given the choice to either pay another $99 for Windows during/at the end of their "Trial Period" they MIGHT just start looking into OTHER (not neccesarily FREE) operating systems.

      Either way, it would satisfy the EU and M$ wouldnt have to hear all the bitching about a M$ Tax anymore. Its not a TAX if you CHOOSE to pay it.

      -- end of rant
      [EOR]

      --
      - You're not paranoid, they really are after you.
    14. Re:Not a bad arguement by khallow · · Score: 1

      You miss where the argument is going. It is not that they dont NEED an OS like a BigMac needs a container & a bag for neccesary sanitary purposes & transportation to a designated consumption location, and they are not pushing for Linux to be pre-installed as a secondary option. It is the fact that we are FORCE FED a proprietary peice of software & Forced to PAY for it if we wish to even purchase, much less USE, their product.

      Actually, a PC needs an OS far more than a Bic Mac needs a bag. The PC is useless without an OS. The user can always install Linux over Windows. Or, if they don't like the idea of buying Windows, they can buy a computer without the OS from someone else. You aren't forced to buy HP. I don't see the problem.

      And I have my doubts that this French law actually applies here. It sounds to me more like it's intended to prevent people from buying product A only to find that they need a subscription to product B in order to use product A at all.

    15. Re:Not a bad arguement by khallow · · Score: 2, Insightful

      Why should the customers have that right? I don't see the need. After all, if you don't like HP's policies, you already can shop elsewhere.

    16. Re:Not a bad arguement by Decaff · · Score: 1

      Honestly I don't see why HP's argument is flawed, without an OS the PC is useless for things that consumer's want to do.

      So is a PC WITH an OS. Most consumers want to do things like use office software or play games. Those aren't pre-installed.

      Basically the computer they're selling is largely useless to the average consumer without an OS pre-installed.

      No. All the consumer has to do if things are set up right for the hardware is to boot up the PC with the OS install CD in.

      It's like telling McDonalds to stop putting their food in bags

      It is like telling McDonalds to stop only putting super size cheeseburgers in all bags.

    17. Re:Not a bad arguement by wikinerd · · Score: 1

      basic computer + linux + user who knows nothing about PCs = PROBLEM

      That's wrong: basic computer + linux + user who knows nothing about PCs = a user who will do exactly what the user manual says, since they don't expect the OS to be Windows-like, so they will learn linux without misconceptions and grievances like "but I know that this must be done in THIS way!"

      Sometimes previous learning makes new learning difficult because some people are just unable to unlearn. Take, for example, how difficult is for an OO or Imperative programmer who is used to Java or C to learn Functional Programming in Scheme or Lisp, or even Logical Programming in PROLOG.

    18. Re:Not a bad arguement by Anonymous Coward · · Score: 0
      Why should the customers have that right? I don't see the need. After all, if you don't like HP's policies, you already can shop elsewhere.

      The customer has currently no right but pay the Microsoft tax. For some strange reason, all the other big OEM's have a similar policy. Especially if you looking for a notebook without Windows.
    19. Re:Not a bad arguement by lpq · · Score: 1

      ...the PC is useless for things that consumer's want to do

      Um -- WITH WINDOWS the PC is useless for many things that consumer's want to do.

      But for the largest group of purchasers, having to buy a copy of Windows for each of your 10,000 employees can get expensive. Linux servers are more reliable, usually faster and easier to manage.

      I disagree that all, or even "most", consumers need Windows to do what they want to do. I've had more than one friend or housemate that was perfectly happy with a preconfigured linux desktop. All they wanted was email and web browsing. A "free" OS was fine for that they are usually, noticeably faster.

      ...without an OS the computer is no where near as useful

      Yes, but is Windows the only OS? That's the flaw in your (and HP's) argument. One doesn't need Windows to make a computer function.

      Isn't France one of the countries pushing for only open-source software being used in government? Most closed source software is untrustable. How many software programs are "certified" or "verified" as trustworthy by independent, 3rd party evaluators? Note: that means the software is trusted not only to not do "bad things", but _is_ trusted to be documented and perform as documented. MS gets away with murder in this area. They call virtually all bugs "cases" or "incidents". I've never *personally* heard an MS support employee admit to a bug. Their take is almost always that "you" are doing something wrong.

      Some time ago Gates made the excuse that "compromised machines" could not be reliably fixed or restored. The real truth is that even non-compromised machines that go bad simply because you were foolish enough to install the latest "critical update" cannot be reliably restored or fixed. Inevitably, they resort to telling you a reinstall is necessary -- or, as I've experienced on more than one occasion: after a multi-month exchange with me going through uninstalls, registry purges, reinstalls, "test" installs of newer software, etc, being still "stumped", they just stop returning calls. They can't fix it, and they just start ignoring you. Even if you let "months" go by, and "pulse" them for progress, they'll claim they are still "researching the problem". Multiple years later, they have still not called back and the case numbers are still open. Only the death of the hardware (including hard disk) that forces a re-install (when a restore, "doesn't" (or it does, but reg-settings mismatch), does the problem "go away".

      Forcing people to buy Windows with their computer is sadistic. Windows *does* have it's place, but it certainly is not on "every" computer sold, nor on the majority of the systems I use.

      The "bovine excrement" line that "all computers must be sold with an OS" because "bare-bones computers end up with pirated MS OS's on them" is one of the bigger lies (and OEM requirements) foisted on computer users today and in times past. Microsoft requires their large OEM customers to ship an OS with every computer (they used to require a copy of Microsoft be shipped and installed, but eventually backed off of that because their monopolistic practices were exposed.

      At one "big iron" vendor, our contract read that we had to pay MS a license fee for *every* desktop computer we sold, because customers *could* (with a Software emulator) run Windows on the computer. It was a complete ripoff, costing 100's of thousands of dollars over the life of the desktops.

      MS's most recent attempt to force more purchases of Windows was the attempt to limit the number of major hardware changes with "Vista" to "2" installs -- then requiring the user to shell out another $450 (for XP-Professional equivalent). I've had multiple computers with Windows -- and I didn't need to buy another copy of Windows for each of them -- because they replaced earlier computers and the earlier computers were formatted and in

    20. Re:Not a bad arguement by khallow · · Score: 1

      Then shop somewhere else. Namely, the small OEM's that sell laptops with the OS you desire. It's not complicated.

  22. Let me enlighten HP! by bogaboga · · Score: 1
    For its part, HP contends that it is not in violation of the law because the OS is integral to the PC. 'The PC without an OS is not a product because it doesn't work,' said Alain Spitzmuller, legal affairs director for HP France.

    I beg to challenge HP on this: -

    A PC without an OS can actually work, by allowing the installation of another OS without much hassle. Here, working should be interpreted as the actual PC being able to respond as expected to the user when switched on, instead of displaying Windows related stuff.

    1. Re:Let me enlighten HP! by Jarjarthejedi · · Score: 1

      "Here, working should be interpreted as the actual PC being able to respond as expected to the user when switched on"

      Why? When you get on your PC to work are you satisfied with the lights coming on? Would you be able to use a PC without an OS installed to take inventory? Teach classes? Check E-mail?

      Perhaps you consider the only function of the PC to be to turn on, but I, and the technology department of at least one school that I work for occasionally, consider a PC to be working only when you turn it on, log-in, and can check e-mail, hop on the internet, and do many other things. Until then it's just filling up space and serving no useful purpose.

      Yes, Windows isn't the only OS, but it is the most common by far and so I see no problem with HP offering only Windows, if you want a different OS go to a different manufacturer. But don't claim a PC is a complete, useable product without an OS. It's not, it's nothing more than a fancy box with lights that light up and options for expansion. It's only truely a PC when it does things a PC can do, like give you options for data entry and retrieval.

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    2. Re:Let me enlighten HP! by NineNine · · Score: 1

      Here, working should be interpreted as the actual PC being able to respond as expected to the user when switched on, instead of displaying Windows related stuff.

      A PC without an OS generally shows a black screen with "No Boot Record Found" or something like that in white letters. Are you really willing to pay $500+ for a machine that can only do that? That seems pretty absurd to me. I've never seen anybody staring at a monitor like that.

    3. Re:Let me enlighten HP! by sqlrob · · Score: 1

      Would you be able to use a PC without an OS installed to take inventory? Teach classes? Check E-mail?

      Yes

    4. Re:Let me enlighten HP! by bogaboga · · Score: 1
      A PC without an OS generally shows a black screen with "No Boot Record Found" or something like that in white letters. Are you really willing to pay $500+ for a machine that can only do that? That seems pretty absurd to me. I've never seen anybody staring at a monitor like that.

      Yes I am willing, for as long as I am paying *no* Windows Tax. In that case, Knoppix and other "Live CD" distros would come to the rescue.

    5. Re:Let me enlighten HP! by TheSeer2 · · Score: 1

      Hear hear! You are free from ridiculous arguments and appeal to ridicule fallacies that have been rampant on Slashdot in this posting. I congratulate you!

    6. Re:Let me enlighten HP! by NineNine · · Score: 1

      And you think it's fair to force everybody else to have to do the same just because you're not smart enough to buy a computer that doesn't have Windows on it? You think that millions of people should have to pull their hair out installing operating systems because you don't want to be inconvenienced?

    7. Re:Let me enlighten HP! by sobachatina · · Score: 1
      There are a lot of comments here criticizing HP. I think yours embodies the flaw in reasoning that many people seem to be having.

      by allowing the installation of another OS without much hassle

      There is no such thing.

      I'm a CS graduate. I use windows and Linux at work and Linux exclusively at home. I install new versions of Linux every couple of weeks on various machines at work and home and various versions of windows to test software. Almost never is an OS installation "without much hassle".

      I will single out Linux because I installed a Kubuntu machine yesterday so it is fresh in my mind. The steps that were taken that are such:

      1. Know that I need an OS
      2. Evaluate what OS's are available that the machine can handle
      3. Decide on an OS that may meet my needs
      4. Find the OS
      5. Download the OS
      6. Burn a CD
      7. Boot from the CD
      8. Replace the CD drive that was bad (This actually happened and I include it as a representative of all possible installation hazards of which there are too many to count)
      9. Follow installation wizard

      A windows install would be similar except for the downloading and burning. I'm sure there are more steps that I could list. I never could get the drivers for my video card working or get compiz working. The steps that I listed were all trivial for me. For my mother- who is perfectly content using computers all of these steps would have been completely impossible. She wouldn't even know where to start. If the OS was preinstalled none of those steps (except perhaps the failed CD drive) would exist at all.

      To everyone but us a computer without an OS is worthless.

      I agree that HP should provide the option of buying a computer without an OS but forcing them to sell all their computers without an OS is absolutely absurd.

    8. Re:Let me enlighten HP! by TheSeer2 · · Score: 1

      Hear hear! You are free from ridiculous arguments and appeal to ridicule fallacies that have been rampant on Slashdot in this posting. I congratulate you! n

    9. Re:Let me enlighten HP! by a_n_d_e_r_s · · Score: 1

      RTFA - Read the F-ing article.

      It says the law is that HP must provide the consumers the option to buy the computer without an OS.

      Currently that option does not exists - therefor they are in violation of the law.

      Nothing else.

      --
      Just saying it like it are.
    10. Re:Let me enlighten HP! by sobachatina · · Score: 1

      Thank you- I realize this and in fact your post agrees perfectly with the concluding remarks of mine.

      I was disagreeing with the comments above that imply that everyone should be content purchasing a computer with no OS.

      Despite your argumentative tone I agree with you completely.

    11. Re:Let me enlighten HP! by paving-slab · · Score: 2, Interesting

      No, idiot, they sell the pc for x, and if you want to you can pay x+y to purchase one with windows installed.

    12. Re:Let me enlighten HP! by westlake · · Score: 1
      A PC without an OS can actually work, by allowing the installation of another OS without much hassle.

      Consumers don't want and consumers won't accept any hassles. They expect their new system to launch as soon as they connect the damn cables. They expect to see Windows.

    13. Re:Let me enlighten HP! by Anonymous Coward · · Score: 0

      Heh, I find it funny that you say people would be pulling their hair out trying to install their operating systems. You are fighting for Window to be on all the machines so we can assume you mean Windows. I thought you were the same person that always talks about how hard Linux is to install and Windows is the only OS that is made for everyone. Why would it be so hard to install? Funny how when it gets down to it, on a level playing field(clean install), installing Windows and installing Linux can both range from easy to extremely frustrating.

      Anyways, your an idiot that seems to troll for MS every chance he gets and I enjoy reading your stupidity. Keep up the good work, so that we can see that you will contradict yourself just to try and make MS look good.

  23. So this hardware doesn't work, eh? by TheSpinningBrain · · Score: 1

    Uh-huh. And because it doesn't work without an operating system, it won't even be able to install other operating systems. Well, that even screws over OEMS. I'm glad that HP sells PCs with Windows already installed, so I don't have to deal with a computer that doesn't work.

    1. Re:So this hardware doesn't work, eh? by Jarjarthejedi · · Score: 1

      You define operating as 'Being able to install an OS' This person and myself define operating as 'Being able to log in and access e-mail/internet and install 3rd party software' So please, don't go insulting him because you have a different definition of what an operating PC is. His definition is held by the majority of users. Your sarcasm doesn't work because you're twisting his words and then making fun of those twisted words...

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    2. Re:So this hardware doesn't work, eh? by Fox_1 · · Score: 1

      or, the definition that you support and claim is held by the majority of users is wrong. It's happened before, the majority of people thought the world was flat once, and they were wrong, someone thought you were insightful elsewhere and they were wrong. Nothing to lose sleep over though. The fact is an operating PC is under no requirement to be able to access Email/Internet, include a login prompt or even allow 3rd person software to be installed (though that would be boring). The point of this lawsuit is to request that the largest seller of PC's in the world provide it's customers the choice between paying for windows preinstalled on the machine, or not having to pay for windows preinstalled on their machine. That's it, all of your 80%'s or majorities can simply choose to buy their PC with windows preinstalled, the minority that actually understands that a working PC doesn't have to have windows on it just want to be able to buy OS Free PC's from the BIG BOY HP, taking advantage of the economies of scale that allows HP to sell top quality products at reasonable prices.

      --
      The rock, the vulture, and the chain
    3. Re:So this hardware doesn't work, eh? by tepples · · Score: 1

      You define operating as 'Being able to install an OS' This person and myself define operating as 'Being able to log in and access e-mail/internet and install 3rd party software'

      And why can't I do the latter with a bundled Knoppix disc, which should cost less in royalties than a Windows installation?

  24. "... as much as the next guy" by Anonymous Coward · · Score: 0

    The next guy here would be Slashdot readers.

    You seem to be implying that not allowing the sale without bundling the monopoly OS is ok.
    You likely run windows, and do not see how others live without it and all of its glorious viruses.

    What exactly is the lame behavior?

    There is no reason not to allow the PC to be sold blank or with some free OS.
    (Other than agreements with said monopoly.)

    1. Re:"... as much as the next guy" by Jarjarthejedi · · Score: 1

      "without it and all of it's glorious viruses"

      I've used Windows for 14+ years now. I've encountered 2 viruses on a personal workstations (98 and XP, 98 one crashed comp XP set IE to go to about:blank on load). I'm on a Windows machine right now that I've had almost a year, never gotten a single virus on it. Runs like a charm, does whatever I want it to do when I want it to.

      Windows doesn't get you viruses, poor computer use gets you viruses.

      "What exactly is the lame behavior?"

      Making ignorant claims about Windows, implying that every Windows user has a bazillion viruses on their machine and is an ignorant fool when it comes to PCs, implying that no one on Slashdot would dare use Windows...all that seems to be the lame behavior.

      "There is no reason not to allow the PC to be sold blank or with some free OS"

      Do you know what would happen if someone bought a computer and it loaded up with Linux? I've seen many ignorant computer users and trust me, if they bought a machine and it didn't load up with the windows logo they'd think it had a virus on it.

      Is it good that Windows is so ubiquitous that the average user can't live without it? Probably not. Does that mean that companies shouldn't continue catoring to the majority? Of course not! If 99 people need a PC with something pre-installed and 1 doesn't that 1's just gonna have to live with it frankly or buy from someone else. That's standard business practices, if you want something the majority doesn't want you need to find a specialty shop.

      (And if you think these kind of people aren't the majority you've spent too much time on Slashdot, you need to go out and talk to regular people)

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
  25. Competition by Anonymous Coward · · Score: 0

    If I was HP I'd tell the court that we would be happy to sell our PCs minus the OS as long as they make all of our competitors do the same.

    1. Re:Competition by Hymer · · Score: 1

      That is exactly what will happen when they win... and the case will probably be valid in the whole EU...
      Are You scared now ?

  26. Unwanted OS? by skinfitz · · Score: 1

    not to mention that consumers wind up paying for an unwanted OS

    I think it would be more accurate to say that consumers wind up paying for an OS that you don't want.

    1. Re:Unwanted OS? by Anonymous Coward · · Score: 0

      Actually, if you already own a computer, and you just want to upgrade, you most likely already have a valid license, and don't need to buy a new license to upgrade to a new machine. Unfortunately, current practices make you re-buy a license when it is not necessary.

    2. Re:Unwanted OS? by darkonc · · Score: 1

      If consumers want Windows, they will have no problem getting it from HP. The difference is that people who want Linux (or BeOS, or BSD) won't have to pay for Windows on top of that.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  27. Great news! by Conti · · Score: 2, Informative

    When UFC files a lawsuit, they generally have studied all aspects of the case and they are almost 100% they'll win. And indeed, they do often win. That's a great news for French consumers. HP's reply is plain stupid, and won't last long at the tribunal.

    1. Re:Great news! by Anonymous Coward · · Score: 0

      You mean they have created enough hype around it that they cant lose else the judge will kill its career?

    2. Re:Great news! by E++99 · · Score: 1
      When UFC files a lawsuit, they generally have studied all aspects of the case and they are almost 100% they'll win. And indeed, they do often win. That's a great news for French consumers. HP's reply is plain stupid, and won't last long at the tribunal.

      Huh??? Great news for French consumers? I think it's pretty rotten news for French consumers who don't know how to install operating systems!
    3. Re:Great news! by Anonymous Coward · · Score: 0

      When UFC files a lawsuit, they generally have studied all aspects of the case and they are almost 100% they'll win. And indeed, they do often win. That's a great news for French consumers. HP's reply is plain stupid, and won't last long at the tribunal.

      Huh??? Great news for French consumers? I think it's pretty rotten news for French consumers who don't know how to install operating systems!

      Yeah, pretty rotten news for French consumers who don't know how to install operating systems AND are stupid enough to select the OPTION for the computer with no OS.

  28. Well... by Anonymous Coward · · Score: 0

    On the other hand, RAM chips without a computer don't work, but they're a separate product.

  29. Re:He's an idiot by megaditto · · Score: 1

    frontal lobotomy destroys you as a person. the more of your brain tissue is lobotomized, the more you become a "vegetable"

    --
    Obama likes poor people so much, he wants to make more of them.
  30. A Few More Examples of "Non-products" by John+Hasler · · Score: 0

    > 'The PC without an OS is not a product because it doesn't work,'

    A CD player without a CD is not a product because it doesn't work.
    A suitcase without a suit of clothes is not a product because it doesn't work.
    A bucket without a gallon of water is not a product because it doesn't work.
    An Ipod without mp3s is not a product because it doesn't work.
    A hammer without any nails is not a product because it doesn't work.

    Anyone else want to contribute examples?

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    1. Re:A Few More Examples of "Non-products" by sobachatina · · Score: 1

      Ok

      A rowboat without oars.
      A bicycle without pedals.
      or as has been used many times already- a new car with no gas.

      Sure you can get third party replacements but if you bought any of these they would be worthless until the situation was fixed. All of your examples except the hammer are containers for something already owned by the user and their usefulness is as a container.

      A computer is a tool- the only thing the customer should have to bring is the data to operate upon. To use your example it would be like a suitcase with no hinges. You would have to know something unnecessary about suitcase construction to know that it needed hinges, where to get them, and how to install them- otherwise the suitcase is just broken.

    2. Re:A Few More Examples of "Non-products" by Anonymous Coward · · Score: 0

      You would have to know something unnecessary about car construction to know that it needs gasoline.

    3. Re:A Few More Examples of "Non-products" by aedan · · Score: 1

      Bikes sold with no pedals is quite common in the UK. It allows the bike shop to claim they didn't sell a complete bike and they don't have to comply with some laws. They also get to charge you for pedals as an extra.

      http://www.ctc.org.uk/DesktopDefault.aspx?TabID=40 72

      My last bike purchase arrived with standard Shimano SPDs which wasn't very useful because it's a folding bike and needs a folding pedal.

      http://www.bromptonbicycle.co.uk/

  31. Dependent things? by Anonymous Coward · · Score: 0

    "However it is also obvious that an OS is a completely different product from a Computer."

    Not so completely that an OS is useful standing alone. OS+Hardware=useful. OS+nothing=useless, and the same for Hardware+nothing.

  32. So many responses, not sure which to reply to by BoberFett · · Score: 1

    If the argument is that one should be able to buy a computer and install another OS without having to purchase Windows, how far should take it? I understand Rockbox works on several models of iPod. If I don't want the Apple firmware for the iPod but wish to use Rockbox instead, can I demand that Apple sell the two products separately?

    How many other consumer electronics products does this apply to? There are many options for alternative firmware out there, have those manufacturers all been forced to break their products into hardware and software?

    1. Re:So many responses, not sure which to reply to by Grendel.Gaidin · · Score: 1

      The difference with Apple is that they make both the product and the software that runs it. Microsoft makes only software that is installed on other products. Personally I think that PC's should come either blank or maybe come with a live windows cd/dvd and a live linux distribution. Both will have basic funtionality and the consumer can decide which they like better, from there they can decide to install either distribution after they have seen how each works. However the problem then becomes, which linux distribution should you offer the customer? This is a problem if they have no computer knowledge or no knowledge of linux, so the default will always be windows. We are talking about the average consumer who most likely has had most exposure to windows than to other operating systems. So the point is mostly moot, since given the choice consumers will choose windows. I think the distributors of linux should maybe start having Linux fairs at malls and libraries show people the value and of an alternative OS and show that it can do everything they want it to do. Maybe even do some comercials?

    2. Re:So many responses, not sure which to reply to by Lithdren · · Score: 1

      Nothing anywhere says a PC needs an OS to work. Granted, you cant do much with it, but guess what you can do? INSTALL AN OS, any OS that is compatable with the hardware (of which there are tons, granted some more then others)

      That Ipod is built to do one very specific thing, and comes pre-loaded with software to do that one, very specific thing. A PC can do any number of things, hell people are inventing new things they can do all the time. Locking users into using a specific OS with their box, means you are instantly limiting what you're allowing the box to do.

      If you want to buy a PC, and load an OS that turns the thing into an oven by overclocking the CPU and driving the heat in the box to 425 degrees for 25 mins to bake some bread, you can do that! Just be sure to read the End-User agreement that says you and only you are responsible when you burn the house to the ground.

    3. Re:So many responses, not sure which to reply to by a_n_d_e_r_s · · Score: 1

      If the software for Ipod was avaiable as a separate product then the option to buy and Ipod without the software should be available according to the law.

      However since the software for most consumer products aint a separate product that are not an issue for them.

      --
      Just saying it like it are.
    4. Re:So many responses, not sure which to reply to by BoberFett · · Score: 1

      The software that runs an iPod is a separate product. I can download it here: http://www.rockbox.org/

      Apple is tying their software to their hardware and forcing me to pay for it.

    5. Re:So many responses, not sure which to reply to by BoberFett · · Score: 1

      But Apple doesn't make the only product which can run iPod hardware. There are other options, and should consumers not have the choice between Apple's software and the competition? Why should I be forced to pay for the Apple iPod software when the superior Rockbox software is what I actually want?

    6. Re:So many responses, not sure which to reply to by BoberFett · · Score: 1

      And if people were allowed to buy an iPod without the Apple software, they couldn't do much until they installed an OS, be it Apple's iPod OS or Rockbox.

      You're making an arbitrary distinction about what a device is able or not able to do. You say a PC does many things while an iPod does one. iPods with Apple format don't play all the format I might want them to. Alternative software does. Does this mean Apple is instantly limiting what I'm allowing their box to do?

      Besides, nobody is locked into Windows. You can wipe the hard drive and install any OS you want. Just like I can buy an iPod and install any firmware I want. But I still had to pay for the iPod software because that was what Apple chose to sell.

    7. Re:So many responses, not sure which to reply to by John+Hasler · · Score: 1

      After you buy the Ipod and take it home are you required to enter into a separate agreement with the owner of the copyright on the software before you can use it? Does the agreement tell you that if you don't like the terms you can get a refund?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    8. Re:So many responses, not sure which to reply to by BoberFett · · Score: 1

      Maybe it should?

    9. Re:So many responses, not sure which to reply to by daverabbitz · · Score: 1

      But rockbox isn't the software that runs an ipod as shipped. Windows XP Home is however, the software which runs an HP computer as shipped, and Windows XP Home is available as a separate product, the stock ipod firmware isn't.

      And HP is one to talk, HP large format printers don't ship with drivers and they are completely useless without expensive third party RIP engines, which don't come with the printer, and the documentation for the printers instruction set is not available.

      However this law is stupid, A company should be able to sell a product bundled with things you don't want, it's not like your forced to buy it. What is wrong is when a company says you can't sell our product at all unless you bundle it with all your shipped units (which is what Microsoft does, and is why HP won't ship PC's without Windows).

      --
      What could be better than a jet powered motorcycle? http://www.youtube.com/watch?v=u8l6GTHLSWE
  33. They should sue Ford... by Anonymous Coward · · Score: 0

    ...for selling cars and trucks with Firestone or Goodyear tires on it.

    Stupid law that garners sympathy for a pretty cruddy product like Microsoft. Thanks a lot, France.

  34. Re:He's an idiot by Planesdragon · · Score: 2, Insightful

    So, you can do something with a computer with NO OS on it?

    Interesting. I had no idea that staring at "O/S Not Found" was that interesting. Do tell me more.

    You might not care for HP's choice of OS, but a PC needs an OS or it just doesn't work. You're free to buy your PC from someone OTHER than HP, and the law should not force HP to sell you what they don't want to.

  35. Move along... by DescentToCocytus · · Score: 1

    nothing to see here. This is just another government backed shakedown of a major corporation. They know that HP would rather pay fines in restitution than lose the entire French market. The basis of any economy should be willing buyer-willing seller; if people want to buy computers with an OS preloaded, so be it. It might be in HP's best interest to sell PC's without an OS in order to appeal to potential customers who want them, but it should never be government forced, that is how monopolies are born.

    1. Re:Move along... by Bryansix · · Score: 1
      that is how monopolies are born
      Come again? Don't you think that this suit will hurt a major Monopoly (Microsoft)? Plus how will it create one?
  36. Re:He's an idiot by TheSeer2 · · Score: 2, Funny

    I assume this was a time when computers were marketed to the nerdiest of nerds?

  37. I'm with HP/MS on this one. by LighterShadeOfBlack · · Score: 5, Insightful

    I guess there's a good chance I'll get modded down for the heinous crime of coming out in favour of Microsoft here, but why should HP be sued for not selling a computer without an OS? It's like suing a company for selling a pen that comes with a cartridge. Sure, the pen could be sold without one and the buyer could get them separately, possibly even cheaper, but the fact is that the majority want to buy a pen and use it as-is. The same goes for computers.

    I think HP should sell PCs that come with other OSes (or even no OS at all) - simply because I think there is a market worth taking there. However I don't think it's for any government or "consumer group" to try and force this on a company.

    To look at it another way, there are plenty of PC manufacturers that solely sell PCs with DVD writers, monitors, keyboards and/or mice. Just like an OS, none of those things are *needed* in the strictest sense, yet nobody seems to be up in arms (or rather up in lawsuits) about that.

    While I've greatly enjoyed watching the anti-trust decisions go against Microsoft in the EU in recent years, it seems that those legitimate victories for consumer rights are now being turned into a witch-hunt by various organisations in Europe who see the anti-MS sentiment as a means to get their hands into Microsoft's very deep pockets.

    --
    Spelling mistakes, grammatical errors, and stupid comments are intentional.
    1. Re:I'm with HP/MS on this one. by Lithdren · · Score: 1

      Im perfectly fine with buying a PC with an OS, even pre-installed. Im against the fact that you cant buy a PC without an OS, pre-installed.

      To insist that you must have an OS to get use of the machine, is absurd, and an outright lie. What they're doing is saying "You can get it in any color you want, long as that color is black." when there are several other colors, that I like better, and already exsist on the market.

      What if I already own windows? What if I just wanted to replace my machine, because the old one broke? You're telling me I have to just buy a new copy, of something I already own, because thats what most people would do? Where's the consumer advantage in that?

    2. Re:I'm with HP/MS on this one. by 644bd346996 · · Score: 1

      The whole point of these suits it to allow (French) consumers the chance to opt out of the "windows tax" by buying a machine with a blank hard drive. As it currently stands, HP is pretty much forcing a third-party product down the throats of consumers. While consumers always have the option of removing windows, they should have the option to skip it altogether.

    3. Re:I'm with HP/MS on this one. by LighterShadeOfBlack · · Score: 1

      Nobody's saying you can't buy a PC without an OS. You just can't buy one from HP.

      Surely this is where that capitalism thing is supposed to come in? If there's a market for PCs without an operating system, whether the reasons be price, quality of software, or anything else, then surely it's just a case of someone setting up shop and giving the people what they want. And I agree with you, I honestly believe there is a market for Windows-less/OS-less PCs. What I don't agree with is that anyone should be forcing a company to produce that product via lawsuits. Surely consumers should be "forcing" it by making it clear that anyone who sells that product is going to be getting a sale out of them.

      If the charge was that HP were in some way preventing others from producing a non-Windows PC in some anti-competitive way then I'd be all for this lawsuit. But it's not and as far as I'm concerned HP can sell what they want with whatever they want installed on it as long as they don't try and stop me or anyone else from doing the same.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
    4. Re:I'm with HP/MS on this one. by LighterShadeOfBlack · · Score: 1

      HP aren't forcing you to buy your computers from them though are they? Any other company can choose to sell a PC without an OS and you can then choose to buy it from them - HP aren't the be-all and end-all of computer manufacturers. In fact I presume HP must be bigger on consumer PCs in France than in the UK because if you asked me to list 10 popular PC retailers I don't think HP would make it on.

      Bottom-line: It's all about choice. HP have a choice to put whatever OS they want on their systems, and you have a choice whether to accept that or take your business elsewhere.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
    5. Re:I'm with HP/MS on this one. by Kopl · · Score: 1

      The difference between the pen and ink would be that the consumer probably doesn't care what brand of ink a pen comes with. I think there may be quite a few people who would rather run Linux than Windows on their machine. Not a huge about, but probably a small percentage(This is France, aren't they more pro FLOSS than the US?). That group of people would otherwise have to spend $80 for something they won't use.

      --
      Disagree with me? Tell me why, but follow these rules.
    6. Re:I'm with HP/MS on this one. by John+Hasler · · Score: 1

      > I guess there's a good chance I'll get modded down for the heinous crime of\
      > coming out in favour of Microsoft here, but why should HP be sued for not
      > selling a computer without an OS?

      I agree that the law is stupid: most laws are. Equally stupid, however, is the claim that a computer without a pre-installed OS is not a product.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    7. Re:I'm with HP/MS on this one. by LighterShadeOfBlack · · Score: 1

      I agree that the argument, at least as he worded it, was a stupid one to make from a technical and legal point of view, however from the practical view of selling to Joe Averáge it's probably correct. The unfortunate truth is that PC and OS are one and the same for the average consumer. If HP ever did sell a Windows-less PC and gave it the same marketing as their Windows ones (for fear of being sued again) they'd probably end up being savaged by fools complaining that they'd been a mis-sold an incomplete or incompatible computer because it doesn't play Half Life 2 or because "it doesn't go to the screen with the clouds when I switch it on" to put it as someone once said to me.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
    8. Re:I'm with HP/MS on this one. by John+Hasler · · Score: 2, Insightful

      > The unfortunate truth is that PC and OS are one and the same for the average
      > consumer.

      Only because he has never had the opportunity to learn that it isn't.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    9. Re:I'm with HP/MS on this one. by vidarh · · Score: 1
      But then you don't get a HP product. Unless the products are the same price and completely interchangable, what matters is that HP are bundling and removing consumer choice for people that want a HP computer.

      And yes, HP is big in the UK too.

    10. Re:I'm with HP/MS on this one. by 644bd346996 · · Score: 2, Insightful

      You do have to consider that Microsoft actively tries to stop companies like HP from selling computers with no operating system. This is why dell sells computers with freedos pre-installed. There is almost no demand for computers with any type of dos, but dell is required by microsoft to put an operating system on the machine. HP, Dell, etc. are being artifically limited in their choices of what products to offer, because Microsoft gives them bigger discounts if they bend over when they are told. France is indirectly banning that practice.

    11. Re:I'm with HP/MS on this one. by _Sprocket_ · · Score: 1
      I think HP should sell PCs that come with other OSes (or even no OS at all)...


      Go back and read the article. You just agreed with the UFC - the group that filed the lawsuits against HP.
    12. Re:I'm with HP/MS on this one. by Anonymous Coward · · Score: 0

      I think HP should sell PCs that come with other OSes (or even no OS at all) - simply because I think there is a market worth taking there.

      No no no! You don't understand the market of companies like HP or Dell. People would get the "cheaper" no OS option (they'd say: WTF is this OS? Fuck it!) and then they will call support about "Computer NOT FUCKING WORKING!!!". And then "IT DOESN'T WORK!! I WANT MY MONEY BACK!!!". Then they finally ship it back and it works perfectly at HP. The replacement, well, repeat.

      Sure, you should be able to order servers without an OS and I think HP allows that. I think HP now actually supports Debian now (saw that somewhere). Anyway, HP is correct regarding consumer PCs. If they sell to business, then I'm sure you can get it without an OS. If not, then the lawyers have a case here.

      *OR* maybe French people are smarter regarding computers? But I doubt that.

    13. Re:I'm with HP/MS on this one. by Euler · · Score: 1

      I agree that any reputable PC seller needs to include an OS for 98% of the units sold. The problem is that they are clearly selling 2 distinct products that are marketed separately by 2 distinct companies, which is what this law apparently prohibits. In the pen example, the refills are just an expected product produced by the OEM. Like getting a replacement belt for your car. It is technologically very easy for any number of 3rd parties to produce the replacement part, thus allowing for a fair market. Windows is a natural monopoly based on standardization of 1 and only one possible vendor. In my opinion, all that really matters is that consumers are free to buy the unit without the bundled product - without hassle and without unfair pricing contracts that often exist between the OEMs and MS.

    14. Re:I'm with HP/MS on this one. by ignavus · · Score: 1

      So it is alright for Microsoft to force HP (markets have forces) into selling PCs only with Windows, but it is not alright for the government to force HP into providing whatever commodity the consumers want?

      I can see you greatly care about free markets. Like your mentor, Microsoft.

      --
      I am anarch of all I survey.
    15. Re:I'm with HP/MS on this one. by Anonymous Coward · · Score: 0
      Haha. Yeah. Free market as in "lame, transparent protectionism and extortion". I like how you quasi-socialist hate filled anti-MS nerds have appropriated the term "free market" to mean something other than "if you want to buy something buy it, if not don't". Now apparently it means a government run market where protectionist government agencies dictate what a company can and can't sell.



      For the record - governments have guns. That's force. Microsoft doesn't _force_ anyone to do anything, you fucking hippy.

    16. Re:I'm with HP/MS on this one. by the_womble · · Score: 1

      If they are a simgle product how come they are sold through separate contracts?

      The sale of the PC is a normal retail sale.

      The sale of the OS is subject to the EULA.

      The sale of the PC is an outright sale.

      The OS is sold not licensed.

      You own the PC the moment the transaction in the shop is completed.

      You only have a valid license after you agree to the EULA.

      It is perfectly possible for you to own the PC without a license to the OS (between buying and agreeing to the EULA, or after rejecting the EULA), therefore they cannot be a single product.

      Furthermore the core problem is the lack of consumer choice - if (to run with your example) you want to buy a PC without monitor or FVD writer you can (forget PC and mouse, they are cheap enough to throw away if you do not want them) so why is to so difficult to buy a PC without an OS, of with a different OS?

    17. Re:I'm with HP/MS on this one. by Anonymous Coward · · Score: 0

      You're misunderstanding the law. It does not forbid bundling. What it requires is that every shop proposing a bundle must also propose the bundled elements separately.

      To take your example as long as your company proposes separate pen and cartridge alongside the pen+cartridge thing they're clear.

      IIRC there is no pricing restriction, the price of pen+cartridge does not have to be equal to price of pen + price of cartridge. Though of course if the delta is too big dumping and anti-monopoly laws will take effect.

      It's a great way to stop companies from bundling failed-product 1 with common-product 2 at a price superior to common-product 2, when no one would have bought failed-product 1 in the first place (marketing people hate this law)

      IMHO since most of the components of the hardware+software bundle are already available separately (office, encarta, windows, you name it) they'll have an hard time proving they're not bundling stuff, and need not provide the hardware naked too to comply with the law.

    18. Re:I'm with HP/MS on this one. by tilandal · · Score: 1

      HP have a choice to put whatever OS they want on their systems Apparently thats not true in France.
    19. Re:I'm with HP/MS on this one. by jarod670 · · Score: 1

      HP does sell PCs with no OS on them. My company has been buying them for several years. They used to even ship them with Suse 9.2 CDs that had all of the drivers and such for that model.

    20. Re:I'm with HP/MS on this one. by wikinerd · · Score: 1

      They sell you an HP hardware product that needs another software product to operate. Instead of letting you choose, they force you to pay for a specific MS software product, which is not the best one available in the market. Would you want me to forcibly sell you a ton of expensive crappy A4 paper with your next printer purchase, even though you may already have found the perfect paper supplier who sells better and cheaper A4 sheets?

    21. Re:I'm with HP/MS on this one. by gregorio · · Score: 1
      HP is pretty much forcing a third-party product down the throats of consumers
      Yeah, like DVD Writers and Monitors. I guess we should sue for being able to buy a specific HP computer model w/o a DVD Writer.

      Oh no. DVD Writers are not Microsoft products, so I guess you don't care about them.
    22. Re:I'm with HP/MS on this one. by LighterShadeOfBlack · · Score: 1

      Well I've never really been trying to support HP's assertion that a PC and an OS are inseparable products, merely that they are complementary products that are implicitly linked at least in terms of the consumer mindset.

      Ragardless of that, I think the EULA argument is probably the only one I've heard that makes any real sense. I have to agree that products with separate licencing/terms should be available separately, however could it not then result in HP effectively striking a new deal with Microsoft somehow linking their hardware with the Windows licence? Surely in many ways that's the kind of thing that MS has been pushing for with their post-9x OS'es anyway? I suppose that's a different problem that'll need to be dealt with in time.

      Is there a lack of consumer choice? A lot of people seem to be citing that as a reason to agree with the lawsuit. I haven't ever tried to buy an OS-less PC in France so I can't say one way or the other but why is there a lack? Some people are saying it's because of Microsoft's lock-in style deals with PC distributors, but then surely that should be a case for going after Microsoft for anti-competition violations, not trying to force a single distributor to change their product line. Besides that, what's to stop a Linux/non-OS PC distributor entering the market and selling their PCs anyway? Sorry but I see the perceived "lack of choice" as an issue for the free market to resolve, not any government. Since reading the replies to this article I'm half tempted to try and start my own non-Windows PC business since from all the lack of choice posts it appears to be a pretty significant market which for some reason nobody else is taking up.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
    23. Re:I'm with HP/MS on this one. by 644bd346996 · · Score: 1

      You always have the choice to not buy a monitor, and you always have some choice between optical drive[s]. For operating systems, you get, at best, a choice between xp home and xp pro, though sometimes you are just stuck with mce.

    24. Re:I'm with HP/MS on this one. by SnarfQuest · · Score: 1

      Consider the sandwich:

      Would you like to be able to buy plain bread; or would you prefer to be required to buy bread with peanut butter, spam, spinich, raw eggs, jello, string, and super hot sauce (mustard and pickeled pigsfeet available for additional cost). If you want to make your own sandwich, you have to buy this sandwhich, scrape off the "vendor installed" fillings, then you can put your own fillings on it. But you still have to pay for the vendor's fillings, as well as your own. And you cannot use any of the vendors fillings on anything else.

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    25. Re:I'm with HP/MS on this one. by LighterShadeOfBlack · · Score: 1

      But the fact is I'm not required to buy that particular sandwich everywhere. I can buy different sandwiches elsewhere and if I really want I can even buy the bread and fillings separately.

      What this HP thing is, is more like suing McDonalds because you can't buy a bun by itself there. They keep telling you there's a supermarket down the road where they're available, but no, you say you want their buns and only theirs. Is it wrong for them to dictate what they put on their own menu?

      Note: I've already acknowledged in another reply to this article that the difference in licencing between the PC and the OS (any OS!) is perhaps a stumbling point which might hold some merit to the separation issue. However I don't think most of the people responding to the original article in favour of the lawsuit have even considered that. Most are just happy to jump on the "Bash Microsoft, Bash HP, Bash the evil corporations, Goooooo LINUX!" bandwagon and I have little doubt that many of these same people would change their mind in an instant if the situation were a Linux-only PC vendor being sued for the same reasons. I'm not saying that necessarily applies to you, but it's something to think about...

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
  38. Also, A DVD player without DVD is not a product... by GodWasAnAlien · · Score: 5, Interesting

    A DVD player without a DVD is not a product, because it doesn't work...
    A DVD player without a TV is not a product, because it doesn't work...
    A toy without batteries is not a product, because it doesn't work...

    While you need to go to a store to buy batteries and DVD for your non-products,
    for an OS, you may not even need to go to the store. You could download one of many free Linux (or BSD or other) OS's many of which do not even need to be installed to function.

    Perhaps batteries are not the best comparison.

  39. No! by bogaboga · · Score: 1
    "Here, working should be interpreted as the actual PC being able to respond as expected to the user when switched on"

    According to who? To me, a [new] PC would be considered working if on booting, it complains about the absence of an OS, then allows me to go ahead to install one of my liking. To you, I agree it is something else and that's OK.

    To some US car manufacturers, their cars are advertised as working, but in some cases, the purchasing public have been disappointed.

    I also have trouble with your definition of "useful work" because this is subjective.

    1. Re:No! by Anonymous Coward · · Score: 0

      Except HP isn't trying to sell a new PC to you, it's trying to sell a new PC to a population where the average level of technology knowledge is somewhere around "why won't my ipod automatically get all the songs on my hard drive for me".

      Perhaps HP should offer to remove XP if you specifically request it (and I thought Dell actually does sell some Linux machines to academic customers, etc), but the easier it is to choose this option, the more un-knowledgeable people HP is going to have to deal with that went "I don't like Windows anyway, I'll just uncheck the box and save some money, I'm sure the computer will have something else on it"

  40. Yes, HP's against the law by Arthur+B. · · Score: 0

    But that law is stupid and immoral. If you don't want to pay for Windows don't buy a HP that's all! You don't have a sacred right to buy a PC from HP OS free. Just go to the local PC shop and get one without an OS. That's what I always did.

    --
    \u262D = \u5350
    1. Re:Yes, HP's against the law by vidarh · · Score: 1
      Why don't we allow companies to use slave labor too, because obviously it's morally wrong for a country to set limits on how companies manufacture or sell products in their jurisdictions?

      Companies exist at the grace of the people - they're a legal construct that only exist because the representatives of the public approved laws making their existence possible. Corporations have only existed in any real form for a few hundred years, and were allowed because they were seen to benefit society. There's no "sacred right" for corporations to even exist.

      As such, most European countries have seen fit to balance the rights of corporations with those of the public, to ensure consumer choice and competition, to try to ensure that corporations truly do provide benefits, instead of being allowed to become abusive.

  41. A Few More Examples of RMS Products. Inc. by Anonymous Coward · · Score: 0

    "Anyone else want to contribute examples?"

    Tivo without an open kernel.

  42. Re:He's an idiot by stonedcat · · Score: 0

    Oh he definately knows better, he just doesn't give a shit. They don't pay him to give a shit. :)

    --
    You can't take the sky from me.
  43. immoral? please explain. by Anonymous Coward · · Score: 0

    Oh, the poor suppressed corporation?

    I guess if you think it is morally wrong to deny a corporation maximum profits?

    Though, I suppose if the company in the monopoly position is at fault here, not all the PC companies that it pressuring to comply.

  44. Re:He's an idiot by ThinkingInBinary · · Score: 1

    Yes, you can do something with it. You can take another computer, copy a bootloader to some form of media, boot that computer off of it, and install your own OS. It is functional enough to boot off of CD's, which I consider "working".

  45. Don't they offer Linux already? by DAharon · · Score: 1

    Correct me if I'm wrong, but doesn't HP offer Suse to it's customers? I have an HP TC4200 tablet/laptop that I bought specifically because all it's hardware was known to work with Linux, and I could have sworn that I read about Suse being available for it from the factory. I bought it used (I never buy new) so it wasn't really an issue for me, hence the fuzzy memory.

    1. Re:Don't they offer Linux already? by Visky · · Score: 1

      HP has a very few models of their systems that come with SuSe. You never see these in stores or advertised and have to order them direct from HP. They don't offer it as an option on 99% of their PCs/laptops. And the hardware the link with their small Linux offering also tends to be...well...lower grade compared to their offerings that are bundled with Windows.

    2. Re:Don't they offer Linux already? by ratboy666 · · Score: 1

      I buy used as well -- just bought an HP Vectra VL.

      It has a sticker on it that says "Microsoft Windows NT/ Windows 98". So I presume it had a Windows license. It is currently running Linux.

      But, since the OEM license tracks the machine, it still has a valid Windows license, right? Even if no media was supplied on the purchase.

      I guess I should contact HP for "recovery CD" for this machine.

      If HP stops bundling Windows with the hardware, then they would have to track replacement media sales more carefully. Maybe that's why they don't want to...

      Ratboy

      --
      Just another "Cubible(sic) Joe" 2 17 3061
  46. No PS3 or Wii for France then? by Anonymous Coward · · Score: 0

    Why isn't this consumer group suing Sony and Nintendo as well? They are obviously forcing us to use their choice of OS on their consoles...

    What about automobiles? Why aren't they suing auto manufacturers for linking their choice of OS to the on-board computer? (What about the radio/GPS-Nav?)

    More lame European attacks on MS because it is foreign. Why don't I see any French proprietary OS's out there? Get it together Frenchies. I mean if Canada can do it (QNX) so can you... stop bitching and get to work slackers!

  47. Surely they can boot from CD or floppy or USB? by artifex2004 · · Score: 1

    They're not broken, just not fully set up.

    Not to mention that saying Windows in integral is saying the PC won't work with Linux flavors, BSD flavors, or BeOS -- all of which have (or had) free distributions ready to be stuck on the hard drive by either the user or HP.

    1. Re:Surely they can boot from CD or floppy or USB? by Jarjarthejedi · · Score: 1

      "Not to mention that saying Windows in integral is saying the PC won't work with Linux flavors, BSD flavors, or BeOS -- all of which have (or had) free distributions ready to be stuck on the hard drive by either the user or HP."

      Unless I got a different version of the article he said that without an OS the computer isn't a full product. Last I checked Linux was considered an OS.

      And yes, you can boot from whatever you want, but the average user wants to boot from HD, and the average user is the one the corporations make money off of. Why require the company to cater to the small group who want something different when the vast majority are fine with what they're doing?

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
  48. Hey HP heres an idea by voss · · Score: 4, Funny

    Inserting into purchasing process

    WHICH OPERATING SYSTEM DO YOU WANT PRE-INSTALLED

    ( ) Windows (add $99)
    ( ) Red Hat Linux (add $39)
    ( ) Suse (add $39)
    ( ) NONE

    1. Re:Hey HP heres an idea by Lithdren · · Score: 1

      More like: WHICH OPERATING SYSTEM DO YOU WANT PRE-INSTALLED ( ) Windows (add $99) ( ) ??????? (add $39) ( ) ??????? (add $39) ( ) PROFIT (add $599 US DOLLARS)

    2. Re:Hey HP heres an idea by roaddemon · · Score: 1

      That's idiotic. Anyone that doesn't know anything about computers would 1) select one of the bottom three, 2) never get the computer running, 3) assume the problem was with HP, and 4) buy dell next time. 5) repeat. The OS is integral to the PC experience and that's what HP is selling.

    3. Re:Hey HP heres an idea by Anonymous Coward · · Score: 0

      Somebody that stupid shouldn't be using a computer. Or if they are using it, they shouldn't be buying it on their own. It's like a farmer buying a Kia and not knowing that it won't hall 2 tons worth of cargo.

    4. Re:Hey HP heres an idea by 644bd346996 · · Score: 1

      If they don't know enough about computers to know that windows is what they want, they probably could get along fine with ubuntu or a distro like that. After all, such a user would only be using email and a web browser at the most.

    5. Re:Hey HP heres an idea by sbben · · Score: 1

      Unfortunately, due to the arguments already stated, if a company like HP were to offer this it would be more like:

      ( ) Windows (FREE! with any HP)
      ( ) Red Hat Linux (add $39)
      ( ) Suse (add $39)
      ( ) NONE (not recommended for most users - add $29)


      What do you think they will choose?

    6. Re:Hey HP heres an idea by MichaelSmith · · Score: 1
      WHICH OPERATING SYSTEM DO YOU WANT PRE-INSTALLED

      I bought an HP Proliant server a couple of weeks ago and that was pretty much the coice I was given, except that RHEL on that machine cost $1500 or something equally stupid. We already have our own linux build so I took that out and saved my employer some money they would not have missed.

    7. Re:Hey HP heres an idea by cos(0) · · Score: 1

      With your forward thinking, you should probably educate HP on what type of consumers to offer PCs to.

    8. Re:Hey HP heres an idea by ignavus · · Score: 1

      What about...

      () Debian (add $0)

      They download it once, and install on every computer they sell (ghost the image). And that allows them to test the hardware before it goes out the door. And the user gets a ready-to-use computer with office suite (guess what? Microsoft doesn't supply one of them with Windows)... and a more virus resistant environment (MS doesn't supply that either).

      So the consumer benefits. And they can still buy it with MS if they want. Nobody restricting them in any way. The consumer wins.

      --
      I am anarch of all I survey.
    9. Re:Hey HP heres an idea by Anonymous Coward · · Score: 0

      BTW they're not suing just because of windows.

      They're suing because of all the crap that comes with PCs sold at retail these days (OS, office suite, encyclopedia, games, AV suite and so on).

      Most notably, the old junkware sold in wall-marts comes with a sky-high list of pared-down software, to have the consumer feel good about buying it at the same price as new naked hardware (even though most people have no use for this software, or if they have they'll buy the full retail version because the bundled one is useless)

    10. Re:Hey HP heres an idea by Anonymous Coward · · Score: 0

      Excellent Idea. But remember when IBM was forced to stop bundling their software for their mainframes? The outcome was forced UNBUNDLING. PC software bundling is grubby practice and no different, and enforcement is long overdue.
      Could also argue MS/OS is not a product. This would be good too, as the EU could then enforce licence/royalty taxes.

  49. You're wrong, but on the right track. by khasim · · Score: 1
    So, you can do something with a computer with NO OS on it?

    Yes. You can install an OS on it if you want. Or you can use it to test other components.

    It might have more common functionality if the OEM installed the OS, but that does not mean that it is useless without the OS pre-installed.

    For example, I can purchase rice by the bag. By your "logic", that rice is useless. Or I can buy a frozen rice dish with chicken and curry (sorry, it's getting near dinner time). Both options are valid "products" and both are useful as sold.

    Now, HP can claim that they are not in the business of selling "components" or such but rather in the business of selling "ready to use" products. Then his position is valid. Just as you would not demand to be able to purchase the rice separately from the chicken and curry in my example.

    If you don't like the peppers in the curried chicken and rice, you can pick them out. You can even add other spices/veggies.

    If you don't like the OS on their computers, you can remove it and put on whatever you want.

    But by stating that, HP has shown that it is no friend to Linux.
  50. Accessories by BaileDelPepino · · Score: 1
    French law ... 'prohibits linking the functionality of a product to another product'
    Is it just me, or does it sound like iPod accessories are illegal in France? Or any accessory, for that matter?
    --
    Miren al Pepino! Los vegetales invidian a su amigo, como él quieren bailar. Pepino Bailarín!
    1. Re:Accessories by geekoid · · Score: 1

      It's just you.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  51. HP Windows XP MCE License by deathstar778 · · Score: 1

    A friend of mine asked me for some hints while she was going to buy a new notebook.
    After one month she finally bought an HP notebook, "powered" by Windows Media Center... blargh...
    Although it's just Win XP Pro SP2 plus some really lame app, the notebook was equipped with the famous license sticker, but no Windows cd was available! What if I wanted (and I wanted) to format the hd and starting with a fresh install of winxp?
    We all know that every computer which comes with Windows pre-installed is plenty of obsolete software and other crap (like the 6.0 version of acrobat reader and the almost-latest version of Norton something... trial or not..).. why should I accept this?
    No cd was included with the notebook, even a recovery disk. But you can BURN some discs by using the HP utility on the notebook itself... which burns some data which is present on some ghost partition and will restore the old app&crap... is that kind of things fair? I don't think so...
    Infact I contacted HP personally and I asked for the real and original WinXP MC CD for my friend.. and that's what they answered: "your product is a "consumer" one, so it's sold with a bundle license. This means that your product is guaranteed and supported if and only if it matches the original hardware and software configuration. The system also provides a way to create a set of rescue disks, including the os and the drivers and the applications, meant to be used for restoring the system in case of partition erasing. It's because of that that in the original package you won't find the original WinXP MCE disk".

    How am I supposed to change the hw config?
    So, if I install Linux and the hdd fails... I can't get tech support?
    I'm PAYING the Windows XP License... why shouldn't I obtain the freakin' cd?
    I got the serial, damn!
    And in which way, in your humble opinion, the freakin' os can cause the hw damage?

    HP' support policy is CRAP!

  52. Re:Also, A DVD player without DVD is not a product by geekoid · · Score: 2, Insightful

    "A DVD player without a DVD is not a product, because it doesn't work..."

    yes it does. You turn it on, you get a screen on the TV, and you even get an indcator that you don't have a disk.

    "A DVD player without a TV is not a product, because it doesn't work..."

    Again, I get little lights on mine, and if I put a dvd in it still sends a signal to it's output. it works fine.

    "A toy without batteries is not a product, because it doesn't work..."

    Of course it does, children can play with it just fine.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  53. Re:He's an idiot by jlarocco · · Score: 1, Informative
    The "idiot" probably makes more in a week than you and me in our entire lives.

    Your point?

    He is an idiot. A PC will probably need an OS eventually, but it most definitely does NOT need to be included for the computer to operate. Anyone who's ever built their own machine can tell you that.

  54. Re:He's an idiot by 75th+Trombone · · Score: 2, Insightful

    take another computer, copy a bootloader to some form of media, boot that computer off of it, and install your own OS ... which I consider "working"

    And which laymen consider "not working", or at best "working too hard".

    Do you honestly think it should be mandated that computers must come OS-free? And I'm not talking about "should be" in terms of how it would reduce the inept-user population, I'm talking about "should be" in terms of freedom and government non-interference. You are free to go buy a computer without an OS, or buy the parts and assemble them yourself, etc. Should companies not be free to sell OSes pre-installed on computers? Should people not be free to buy them?

    --
    The United States of America: We do what we must because we can.
  55. Seems simple to me... by Visky · · Score: 1

    HP is one product...Windows is another. HP doesn't offer anything BUT Windows bundled with their PCs. Yes, a PC without an OS is 'useless'...but some people prefer installing their own OS, or, heaven forbid, Linux! Granted, due to the current market, most people would probably go ahead and pick Windows by default, computer manufacturers really should offer to sell PCs with alternate OSs or no OS for those that have their own preferences for OS that don't coincide with what the PC manufacturer is offering. I once tried writing to HP and asking a Linux question (mainly, what they would recommend for my system that would support everything with the least hassle) and was told that putting anything but Windows on it would effectively void my warranty. No offer of a refund for the copy of Windows, nothing like that.

    1. Re:Seems simple to me... by Anonymous Coward · · Score: 0

      OK, playing devil's advocate here, but isn't there a flaw in this interpretation of French legislation?

      Say HP, and therefore any PC manufacturer isn't allowed to only offer new PC's with Windows, because it isn't integral to the product (the PC). Well, in that sense, neither are the keyboard and mouse, you can buy those seperately too. Say goodbye to the bundled DVD drive too. PC manufacturer only makes high-end gamer's machines? Sorry, can't do that, you have to offer versions without any of those shiny nVidia graphics cards in, the customer might want an ATI board.

      Where exactly does this stop?

  56. Exactly by Arker · · Score: 1

    This is exactly what the courts should do. HP and all the others are afraid to allow any consumer OS choice now, as they will be punished by MS if they do. If a court forces them all to allow it, then MS won't be able to single out offenders and punish them anymore.

    Of course, such a decision would only be valid in France at this point. Every nation should follow suit.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
    1. Re:Exactly by Anonymous Coward · · Score: 0

      What dream world are you living in? perhaps sometime you should step back into this one and research before opening your mouth. MS has for over 5 years been mandated to treat the top OEM's equally regardless of what other OS'es they sell or bundle, MS has the same deal with all top OEM's and cannot change that. HP, Dell et al ship windows at the moment as it is financially beneficial to them (1 OS to ship and support), it has nothing to do with MS demanding anything or threatening to do anything to them.

    2. Re:Exactly by Arker · · Score: 1

      Sorry, you're the one living in a dreamworld. Every time a major manufacturer starts making "consumer grade" machines available running linux they suddenly get hit with a carrot and stick attack and drop them. MS has had to learn to live with them shipping linux on high-end server systems in some cases, yes, but they just fell back to a new line in the sand.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  57. Re:Also, A DVD player without DVD is not a product by mochan_s · · Score: 1

    And it comes in a cardboard box which is fully functional in enclosing the product.

  58. Don't be stupid. by geekoid · · Score: 1


    "A CD player without a CD is not a product because it doesn't work."

    It works fine, turn it on, and you'll get an indicator and everything.

    "A suitcase without a suit of clothes is not a product because it doesn't work."

    Sure it does, it will hold cloths. The fact that you don't have a suit of clothes doesn't mean the suit case doesn't work.

    "A bucket without a gallon of water is not a product because it doesn't work."
    It's the emptyness of the bucket that makes in valuable.

    "An Ipod without mp3s is not a product because it doesn't work."
    Sure it works, it just doesn't have any music to play

    "A hammer without any nails is not a product because it doesn't work."
    Come here and let me hit you in the head with a hammer, then tell me it doesn't work.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Don't be stupid. by istaz · · Score: 1

      How about an Ipod without OS? Can you play your MP3?

      --
      ...don't have one yet...
    2. Re:Don't be stupid. by Anonymous Coward · · Score: 0

      ipodlinux 8-).

                Seriously though, a PC without an OS does have a BIOS, and it does work. You pop in an OS install CD, and it installs. Something like Ubuntu gets all the 6 or 7 screens of questions out of the way upfront, then installs in like 30 minutes or less.

    3. Re:Don't be stupid. by darkonc · · Score: 1
      A computer without an OS can boot Knoppix, read emails, post to Slashdot, do my banking and write a business plan.

      The statement of the HP rep is false.

      Also false is the straw-man defense of the astro-turfers that this lawsuit is trying to prevent HP from selling Windows with their computers.

      The lawsuit is just trying to force HP to admit that not all of their customers want Windows, and allowing to buy their computer -- either with their choice of OS (Windows or otherwise), or with no OS at all.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    4. Re:Don't be stupid. by John+Hasler · · Score: 1

      > Also false...

      Also false is any claim that Slashdotters can recognize sarcasm.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  59. I'd rather have by WhatDoIKnow · · Score: 1, Funny

    a bottle in front of me than a frontal lobotomy.

    :wq

  60. Re:Also, A DVD player without DVD is not a product by Anonymous Coward · · Score: 0

    I don't like the firmware on my DVD player, where can I buy a firmware free DVD player so I can put my own firmware on it.

  61. Re:Move along... how monopolies are perpetuated... by neurocutie · · Score: 1
    It might be in HP's best interest to sell PC's without an OS in order to appeal to potential customers who want them, but it should never be government forced, that is how monopolies are born.
    Neither should consumers be forced to purchase bundles in which one of the components has a monopoly stranglehold on its segment of the market -- that is how monopolies become illegal and are perpetuated.
  62. An PC without windows.... by thundergeek · · Score: 1

    works better than HP WITH windows.

    And who says it doesn't work? How is it useless? My kids toys for Christmas require intelligence to use, and so should a PC!

    Now a MAC, on the other hand, without an OS is in fact useless.

    L8r
    Jon

    1. Re:An PC without windows.... by Anonymous Coward · · Score: 0

      What's a MAC? Isn't that Media Access Control? Or are you referring to the line of cosmetics? Personally, I would have use the Mac as an example as it would fit your argument much better.

  63. And your point? by nsayer · · Score: 2, Insightful
    "The PC without an OS is not a product because it doesn't work"

    So he is just trying to imply that the only thing that fits the definition of a PC OS is Windows. I call Shenanigans.

    1. Re:And your point? by cdrguru · · Score: 1

      To 99% of the population a PC is an appliance for sending email, surfing the web, playing games, etc. Nothing more. It is not a general-purpose programming platform. It is not something to install other stuff on, unless it is malware that just seems to install itself.

      If when they take it out of the box and plug it is it does not run the applications that are required, they will return it and get one that does.

    2. Re:And your point? by Anonymous Coward · · Score: 0

      I'd agree with you, except that the typical policy of any computer vendor is to support the software that they pre-install, which would mean that they would need to start supporting desktop Linux/BSD/etc. users,

  64. Re:Also, A DVD player without DVD is not a product by nick_davison · · Score: 2, Insightful

    For an OS, you may not even need to go to the store. You could download one of many free Linux (or BSD or other) OS's many of which do not even need to be installed to function.

    Assuming HP shipped you a PC with absolutely no O.S. installed, how exactly would you go about downloading this wonderful free O.S.?

    A great solution if you already have a PC. A pretty lousy one if you're picking up a phone, squeeling, "Bleep, bleep, blurrrrrrp, bleep" at it, then desperately noting down the bleeps and burps it sends back before trying to etch the ISO image on to a CD with a flashlight and a magnifying glass.

    Batteries are a common consumer item. It can generally be assumed that even the least technically inclined can figure out where to buy them and how to install them. For the average non-Geek, finding out where to buy an O.S., understanding that the cool one Apple sells doesn't work on their PC and then going through a typical Linux install is way beyond them. Thus a product without batteries remains largely functional within the means of an average consumer whereas a PC without an O.S. does not.

  65. Microsoft wouldn't like that by theurge14 · · Score: 1

    They are a convicted monopoly over this question, after all.

  66. What if the price was the same? by NotQuiteReal · · Score: 1
    What if HP sold PC's with windows, and the first boot dialog box that came up was "Delete Windows? [Y/N]"

    There is no discount for hitting "Y".

    HP could advertise "Buy this HP PC, Get Windows at no additional Cost!"

    If you don't like the price of a PC on that basis don't buy it.

    Ever try to buy a new car without a radio or hub caps? You can't. Don't want the $expensive factory upgrades to those items, but plan on upgrading anyhow? Same thing.

    --
    This issue is a bit more complicated than you think.
    1. Re:What if the price was the same? by geekoid · · Score: 1

      Actually, I have bought a new car without a radio, and yes they did lower the price.

      If it is truly at no addictional cost, then there probably isn't an issue. Good luck proving that. Unless they have invoice where they got it free from MS.

      What happens if I want to install it later?

      Also I think the EULA would need to be changed to support that, the part about refunds.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  67. Re:He's an idiot by a_n_d_e_r_s · · Score: 2, Insightful

    No but it should be good consumerfriendly if computers are sold giving the consumer the option to select which OS they want to install and even give them the option to buy the OS from another seller.

    --
    Just saying it like it are.
  68. Re:He's an idiot by MustardMan · · Score: 1, Troll

    Right, and since mechanics can install a transmission in their own car, all cars should be sold without transmissions, too.

  69. Insightful? by NatteringNabob · · Score: 2, Insightful

    I guess it is as long as one doesn't mind false dichotomies. A computer without an operating system may not be useful, but where is it written that the *only* useful operating system is Microsoft Windows? Where is it written that consumers should not have the option of installing some other operating system? Where is it written that consumers must buy a new Microsoft operating system in addition to the one they already own? I mean, aside from Microsoft OEM licensing agreements. A more appropriate analogy would be cars and gasoline. A car isn't useful without fuel, and fuel isn't useful without a machine to put it in, but nobody would try to insist that if I buy a Ford, I also have to buy a lifetime supply of Chevron gasoline with it as opposed to any of a dozen other brands of gasoline. There are even more potential choices in operating systems than there are choices of gassoline, but according to HP, you can buy your HP machine with any operating system you want - as long as it is Windows. That's total BS.

    1. Re:Insightful? by NineNine · · Score: 1

      You're confusing choice with no choice. You have the choice to buy any computer that you want. Buy one without Windows, if you want. Nobody is forcing you to buy a Windows machine. This law FORCES people to have to install their own OS'es. This law is about taking away people's choice.

    2. Re:Insightful? by despisethesun · · Score: 1

      but according to HP, you can buy your HP machine with any operating system you want - as long as it is Windows.

      Yes, and there's nothing wrong with that. There are any number of PC builders out there that will be happy to sell you a computer with no OS, or one with the OS of your choice pre-installed. Or you could build your PC yourself. If you were forced to buy your computer from HP this might be a valid argument, but you're not so this isn't. To follow your analogy, there's nothing wrong with Ford bundling the purchase of Chevron gas with the price of their cars. You can still drive a Ford to a Shell or whatever other gas station you want to go to (it's just not included in the price like the Chevron gas), or you can buy a Chevy or a Honda or any other car that doesn't have this gasoline requirement added to the price.

      --
      This poo is cold.
    3. Re:Insightful? by vidarh · · Score: 1

      Not it doesn't. It force HP to offer consumers a choice of one with or one without...

    4. Re:Insightful? by darkonc · · Score: 1

      You obviously haven't seen the articles about the troubles that people have had trying to buy a desktop PC from Dell, and other large PC manufacturers without MS-Windows installed. They won't allow you to buy your PC without Windows, but it's far easier to purchase it without memory, or a DVD player, or a monitor or .....

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    5. Re:Insightful? by tepples · · Score: 1

      There are any number of PC builders out there that will be happy to sell you a computer with no OS, or one with the OS of your choice pre-installed.

      If your claim is true, then why don't computer builders that install *Linux run any TV ads?

      To follow your analogy, there's nothing wrong with Ford bundling the purchase of Chevron gas with the price of their cars.

      Until all major auto makers start bundling high-value Chevron gas cards, tied to the car's VIN so that they can't be resold separately. Then you likely have a competition law issue.

    6. Re:Insightful? by despisethesun · · Score: 1

      Then don't buy from those manufacturers! I went to the local computer store and had no problem buying a machine without an OS. It was a fairly capable machine, too, and at a similar price to what I'd have paid building one myself. On top of that, there are tons of smaller mail-order companies that will do this as well. The next laptop I buy, for example, will likely come from System 76 or another company offering something similar (a laptop with decent capabilities and Linux pre-installed). There are plenty of companies out there willing to provide what you're asking. It's ridiculous to ask the government to legislate that they all do so.

      --
      This poo is cold.
    7. Re:Insightful? by despisethesun · · Score: 1

      If your claim is true, then why don't computer builders that install *Linux run any TV ads?

      They don't run TV ads, so they don't exist? Interesting argument.

      Until all major auto makers start bundling high-value Chevron gas cards, tied to the car's VIN so that they can't be resold separately. Then you likely have a competition law issue.

      This is where the bad analogy falls apart, because the automakers are not typically selling a lifetime supply of gas with their cars, so they don't have to pay Chevron or anyone else as part of the cost of manufacture and sale. (GM offers free gas for a year with some models, but it's not factored into the sticker price of the car.) On the other hand, these companies get a deal on OEM licenses from Microsoft for not selling computers without Windows pre-installed. They've probably done the math and figured out that the amount of money they'd make selling computers without an OS is less than the amount of money they save with their OEM deals with MS. I'm not going to blame HP, Dell, et al for following the money, and if there was that much outrage over it then the companies that do offer computers without an OS or with an alternative OS would not largely cater to a niche market.

      --
      This poo is cold.
  70. Re:Also, A DVD player without DVD is not a product by frog99705 · · Score: 1

    You could download one of many free Linux (or BSD or other) OS's many of which do not even need to be installed to function. Tell me again, how do you download a free OS from bare computer hardware? Anyway, I wouldn't mind the option of an OS when buying a new computer. Clerk: Would you like configuration files or constant crashes?

  71. function test by $oulcatcher · · Score: 1

    On a basic level a PC will function without an OS. As long as a bios exist on the motherboard the PC will boot up just fine. Won't do much beyond beeping at boot up, spin possibly colorful fans, and consume power. But the PC will function. An OS would be needed for software like IE or Firefox to function....

  72. Re:He's an idiot by smilindog2000 · · Score: 1
    No, Mr. Spitzmuller, you're wrong.

    I have to agree... He's saying that a computer without Windows is not a product. A bigger BS statement has rarely been made by a reputable PC manufacturer.

    Then there's reality. HP, Dell, etc are all full of sh-t. They have been illegally coerced into providing EVERY machine with Windows because Microsoft wants it that way (gee... I wonder why...). The Microsoft tax continues, and the /. community pays...
    --
    Beer is proof that God loves us, and wants us to be happy.
  73. I hate groups with hidden agendas by Anonymous Coward · · Score: 0

    What the hell is wrong with allowing manufacturers to use third party products to enhance their own product by making it a part of it. Are they now suggesting that that the QNX realtime OS that my digital camera uses shouldn't be preinstalled and preconfigured? Or maybe that's OK but it wouldn't be if it was WinCE?

    (hypothetical scenarios) So, basically, Samsung isn't really allowed to bundle Monster Cables with their TV's. Sony can't sell PS3's with pack-in games. And Ikea better make damn sure that it's their own brand of pillow cases they sell you with that new bed. WTF???

    Seriously, those of you defending that advocacy group's opinion are smoking crack.

  74. Re:Also, A DVD player without DVD is not a product by LighterShadeOfBlack · · Score: 1

    A DVD is media for the DVD player. It's not the same argument and you know it.

    As for the other two, I think the only point you're proving is that while maybe computers and OSes could be sold separately, the fact that there are no doubt companies in France that sell TV/DVD combos and toys including batteries without the option to remove one or the other who are not being sued just goes to show that this is a farcical attempt to gouge some money out of HP.

    --
    Spelling mistakes, grammatical errors, and stupid comments are intentional.
  75. Incorrect by geekoid · · Score: 1

    More properly:
    The real analogy is being legally mandated to not force you to buy paper with your printer. Which I hope we all agree is lame; it's not like anyone's keeping you from installing someone else's
    paper.

    If the user had a reasonable option, this would not be an issue.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  76. Re:He's an idiot by ThinkingInBinary · · Score: 4, Insightful
    Do you honestly think it should be mandated that computers must come OS-free? And I'm not talking about "should be" in terms of how it would reduce the inept-user population, I'm talking about "should be" in terms of freedom and government non-interference. You are free to go buy a computer without an OS, or buy the parts and assemble them yourself, etc. Should companies not be free to sell OSes pre-installed on computers? Should people not be free to buy them?

    No, I think it should be mandated that computers can be purchased OS-free for a price that is less than the price of one with the OS by a difference of the retail price of the OS. I think people should have the choice.

  77. One Laptop Per Child by nacturation · · Score: 1

    You've convinced me... this One Laptop Per Child idea should remove its Linux OS as an installed default and allow the children to choose which operating system they want to use with their laptop.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    1. Re:One Laptop Per Child by Anonymous Coward · · Score: 0

      I realize you probably meant that as a joke, but I think:

      (a) different markets need different restrictions (e.g. France's PC market is mature enough that a PC should be able to be sold sans-OS whereas this is an unnecessary requirement in poorer countries); and

      (b) in any case, they could deduct the "cost" of the Linux OS ($0.00) from the price of hardware and the cost would be the same. So the argument is moot, anyway.

    2. Re:One Laptop Per Child by Ben+Hutchings · · Score: 1

      Windows won't run on the OLPC laptops, though I hear Microsoft is having a go at adapting it (I think this will involve driver and boot support, and a lot of trimming). The OLPC buyers (mostly ministries of education, not individual children) will of course be able to choose which software they want installed. They will probably get some localised version of the distribution that OLPC has commissioned from Red Hat, but there's nothing to stop them picking Windows (except that it will probably suck).

  78. Same rules for macs? by copenja · · Score: 1, Offtopic

    Does this mean that Apple also has to sell macs without an OS installed?

    1. Re:Same rules for macs? by caywen · · Score: 1

      No, apparently because they make the OS (by their arguments). But Palm might be in trouble...

    2. Re:Same rules for macs? by Visky · · Score: 1

      Don't see it happening for Macs. Why? OS is made SPECIFICALLY for Mac hardware. It's not a seperate product offering from a seperate company that you're having to pay more for the license for the OS. If HP were making their own OS for their systems, they wouldn't be looking at this. I'd worry about any other manufacturer of PCs out there that doesn't offer at least 'no OS' options on their systems, though.

  79. Re:He's an idiot by megaditto · · Score: 1

    My point? Just because he spreads lies does not mean he is stupid. In this particular case, he probably gets paid rather well to do what he does.-

    If anything, that makes him a whore, not an idiot.

    --
    Obama likes poor people so much, he wants to make more of them.
  80. Re:He's an idiot by ThinkingInBinary · · Score: 4, Insightful
    Right, and since mechanics can install a transmission in their own car, all cars should be sold without transmissions, too.

    No. The difference is that an operating system runs on the computer. It isn't a necessary part. You could netboot the computer, or boot it off of a CD. Both are perfectly legitimate reasons for wanting to be able to buy a computer OS-free.

  81. He's not a idiot, just a liar by arrgster · · Score: 1

    So give us a choice of an OS instead of assuming we want MS Windows

    Not to mention, these days you can buy a computer and run several Linux OS's off a cd.. Why does it have to be on the hard drive?

    1. Re:He's not a idiot, just a liar by Anonymous Coward · · Score: 0

      The AVERAGE user of a computer doesn't care what operating system is on it. Most of them grew up knowing Windows, so that is what they are used to. If offered another OS they wouldn't know what to do. If you hate windows so much, you can install your own OS but that is for you, and you alone. WHO CARES IF YOU THINK ITS STUPID TO HAVE WINDOWS PRE-INSTALLED. It's about the majority, and the majority of computer users arent /.ers they are people who just want something that works. HP offers something that works out of the box. having to install your own OS before you can use it just makes it a hassle for all those who arent as computer literate as everyone here.

  82. Re:He's an idiot by dgatwood · · Score: 2, Insightful

    Put another way, if my computer smokes and I already own a valid Windows license, it seems reasonable that I should be able to buy a replacement PC from the same manufacturer sans Windows and install my existing licensed copy. That said, I would hope that different rules apply if the same manufacturer creates both the hardware and software (e.g. Apple, Sun, IBM's server hardware). Otherwise, that could really turn into a mess.

    You know... probably easier to just change the law.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  83. Minnestota already brought action by Anonymous Coward · · Score: 0

    The Minnesota AG already brought similar allegations against Microsoft. The federal district court ruled in summary judgement that the claim was baseless.

    Spitzer will try again I am sure, but it is all grandstanding.

    1. Re:Minnestota already brought action by Anonymous Coward · · Score: 0

      FINAL JUDGMENT

      Plaintiff, United States of America, having filed its complaint herein on May 18, 1998;

      Plaintiff States, having filed their complaint herein on the same day;

      Defendant Microsoft Corporation ("Microsoft") having appeared and filed its answer to such complaints;

      The Court having jurisdiction of the parties hereto and of the subject matter hereof and having conducted a trial thereon and entered Findings of Fact on November 5, 1999, and Conclusions of Law on April 3, 2000;

      The Court having entered judgment in accordance with the Findings of Fact and the Conclusions of Law on April 3, 2000, that Microsoft has violated 1 and 2 of the Sherman Act, 15 U.S.C. 1, 2, as well as the following state law provisions: Cal Bus. & Prof. Code 16720, 16726, 16727, 17200; Conn. Gen. Stat. 35-26, 35-27, 35-29; D.C. Code 28-4502, 28-4503; Fla. Stat. chs. 501.204(1), 542.18, 542.19; 740 Ill. Comp. Stat. ch. 10/3; Iowa Code 553.4, 553.5; Kan. Stat. 50-101 et seq.; Ky. Rev. Stat. 367.170, 367.175; La. Rev. Stat. 51:122, 51:123, 51:1405; Md. Com. Law II Code Ann. 11-204; Mass. Gen. Laws ch. 93A, 2; Mich. Comp. Laws 445.772, 445.773; Minn. Stat. 325D.52; N.M. Stat. 57-1-1, 57-1-2; N.Y. Gen. Bus. Law 340; N.C. Gen. Stat. 75-1.1, 75-2.1; Ohio Rev. Code 1331.01, 1331.02; Utah Code 76-10-914; W.Va. Code 47-18-3, 47-18-4; Wis. Stat. 133.03(1)-(2); and

      Upon the record at trial and all prior and subsequent proceedings herein, it is this _____ day of June, 2000, hereby:

      ORDERED, ADJUDGED, AND DECREED as follows:

      1. Divestiture

      a. Not later than four months after entry of this Final Judgment, Microsoft shall submit to the Court and the Plaintiffs a proposed plan of divestiture. The Plaintiffs shall submit any objections to the proposed plan of divestiture to the Court within 60 days of receipt of the plan, and Microsoft shall submit its response within 30 days of receipt of the plaintiffs' objections.
      b. Following approval of a final plan of divestiture by the Court (the "Plan")(1) (and the expiration of the stay pending appeal set forth in section 6.a), Microsoft shall implement such Plan.
      c. The Plan shall provide for the completion, within 12 months of the expiration of the stay pending appeal set forth in section 6.a., of the following steps:

      i. The separation of the Operating Systems Business from the Applications Business, and the transfer of the assets of one of them (the "Separated Business") to a separate entity along with (a) all personnel, systems, and other tangible and intangible assets (including Intellectual Property) used to develop, produce, distribute, market, promote, sell, license and support the products and services of the Separated Business, and (b) such other assets as are necessary to operate the Separated Business as an independent and economically viable entity.

      ii. Intellectual Property that is used both in a product developed, distributed, or sold by the Applications Business and in a product developed, distributed, or sold by the Operating Systems Business as of April 27, 2000, shall be assigned to the Applications Business, and the Operating Systems Business shall be granted a perpetual, royalty-free license to license and distribute such Intellectual Property in its products, and, except with respect to such Intellectual Property related to the Internet browser, to develop, license and distribute modified or derivative versions of such Intellectual Property, provided that the Operating Systems Business does not grant rights to such versions to the Applications Business. In the cas

    2. Re:Minnestota already brought action by Anonymous Coward · · Score: 0

      WTF does Minnesota matter for? Why would a federal case in Minnesota affect Spitzer in NY???

    3. Re:Minnestota already brought action by Anonymous Coward · · Score: 0

      Legal precedent.

  84. Re:He's an idiot by Anonymous Coward · · Score: 0
    The "idiot" probably makes more in a week than you and me in our entire lives.

    What a bizarre non-sequitur. Your comment reminds me of the morons who counter arguments against Microsoft with "But Bill Gates donates loads of cash to the needy!!1!" The OP's point relates to OS-less computers, not the HP executive's fucking bank account.
  85. HP hiding some thing... by TwinGears · · Score: 1

    The PC without an OS is not a product because it doesn't work...hmm I don't think so!
    I have not purchased many PC's without that M$ product on it for years. And yes, the PC "works" with out the OS, how the F@#$ do you install an OS on a non-working PC!? Like Linux ISO's share for no reason...
    Has anyone notice how the new vertical M$ ads look like toliet paper? I know they want it to look like printing on paper means some thing, but I am sorry - it really does look like toliet paper. Have you wiped your M$ ass lately.
    sorry, I just could not help it... ;)

    --
    The immature mind measures.
  86. The real issue by OBeardedOne · · Score: 1
    The real issue is that if this suit succeeds then it will effectively make it illegal for any company that produces a product with a computer chip to sell it with an in-built operating system. A nightmare situation. It would mean that you couldn't buy a mobile phone with an operating system in-built, at least without formally being given a choice of operating systems that would run it. Most consumers would just go "huh?" Washing machines, TV's, cars - you name it, ANY product that has an onboard computer would need to allow 3rd party operating systems and the consumer would have to be given the right to choose. That just aint gonna happen so this suit will not succeed if the judge has any sense.

    --

    Permission based video advertising system

    1. Re:The real issue by vidarh · · Score: 1

      Stop spreading FUD. If the product can't carry out it's intended functions without the provided parts, then it's not a bundle, and won't be affected at all. If it DOES work without specific parts, then the manufacturer MAY be required to offer the product without that part on request. That's all. This is the same in most European countries, and has been that way for decades or more with no adverse affects, and a lot of benefits for consumer choice.

  87. Re:He's an idiot by MustardMan · · Score: 1, Insightful

    OK, then - you can drive a truck without headlights. Sure, it's not legal to drive it on the road, but you can still use it to carry things around a farm, or plow a driveway. I guess all trucks should be sold without headlights.

    The argument that a computer is usable without an OS is completely retarded - if you want your computer to have an OS different from the one HP includes installed, buy it from one of a hundred other dealers, or build it yourself.

  88. this law is a bit silly miho by gsn · · Score: 1
    I hate the windows tax as much as the next /.er but this doesn't seem like an intelligent law - does anyone have more info on the law itself?

    The group, the Union Fédérale des Consommateurs-Que Choisir, (UFC) alleges consumers frequently lack the option of buying "bare" computers without software. UFC said it wants consumers to be able to choose the software for their machine and get reimbursed for purchasing an OS they did not want. UFC contends the packaging of both hardware and software together violates a French law that prohibits linking the functionality of a product to another product.


    Computers do depend on a whole range of products to function - they are a collection of products to begin with. You can certainly buy a functioning motherboard without a computer, hence they are other products, and computers, as we typically define them do depend on them to function.

    What if it wasn't motherboard - what if I only want to sell custom high end computers with powerful GPUs - they aren't essential for the computer to function so do I have to provide the option of not installing a high end GPU? What if I don't want my companies logo on a computer without said high end GPU? I'd hardly like to see a PC with only a GMA3000 and have people judge its performance and associate that performance with the name of a company that claimed to sell great gaming hardware. A computer doesn't NEED a HDD, or optical drivers or a keyboard or a mouse, heck evena case fan to function. So should HP be forced to give people the option of not buying any of those things. I think no - most people really wouldn't consider it a computer without them.

    And theres a perfectly reasonable way to get a computer without paying the windows tax. Its called assembling it yourself. HP should be allowed to sell whatever they want and if you want a computer without Windows find a seller who makes them - they exist - or make it yourself.
    --
    Reality must take precedence over public relations, for nature cannot be fooled.
    1. Re:this law is a bit silly miho by probielantow · · Score: 1

      I think a major part of the dilemma is when you order a computer from a manufacturer you at least have a few options for graphics cards (as an example), maybe not every option but at the very minimum 2-3 alternatives that spread over a price range. I think the major issue is that there is no choice given, if you order from HP you may as well be ordering from MS. For other items mentioned (such as iPods) that depend on firmware to operate there is no other options for the functioning of the device, with a computer there are MANY other operating systems, and many manufacturers do offer options. Even if HP didn't offer every option out there a small spattering of options allows for compliance with a law like that. Thats just my two cents, but why pay for something you don't use.

    2. Re:this law is a bit silly miho by gsn · · Score: 1
      For other items mentioned (such as iPods) that depend on firmware to operate there is no other options for the functioning of the device, with a computer there are MANY other operating systems, and many manufacturers do offer options.


      Actually iPods can run iPod Linux or rockbox but we don't expect Apple to offer the option of it. Or for that matter the option of buying a Mac without OSX. Yes I hate the windows tax but my point is still this - if you don't like the options you are getting from a particular company then you do not have to give them your buisness - like you yourself claim many other manufacturers do offer options.

      dear god I sound like a capitalist and I'm typically socialist. I need a drink damn it.
      --
      Reality must take precedence over public relations, for nature cannot be fooled.
  89. Ignorance or... by towsonu2003 · · Score: 1
    They just need to give the consumer some choices in available OS. Instead, they are behaving like the only "working" OS out there were Windows...
    is this ignorance, or...

    hmmm...


    oh yes, 4. profit!

  90. Re:He's an idiot by MykeAbner · · Score: 1, Redundant

    Last I checked, Newegg wasn't including a copy of Windows every time I bought a computer from them.

  91. Re:He's an idiot by DeepDownTraumaHound · · Score: 1

    Perhaps an unintended metaphor...that being a PC without an OS is lobotomized.

  92. CAR ANALOGY ALERT! by Anonymous Coward · · Score: 1
    Just stop. You're making a fool of yourself. For the last fucking time:

    car != computer
    One's a tool (like you), the other is a general-purpose machine.
    1. Re:CAR ANALOGY ALERT! by Anonymous Coward · · Score: 4, Funny

      I totally agree. This whole thread is like a car that has a bunch of bumper stickers containing inappropriate analogies slapped all over it.

  93. Re:Also, A DVD player without DVD is not a product by 644bd346996 · · Score: 1

    I'm pretty sure that, even in france, only geeks would choose to buy a computer without an operating system, and they would only do so if they had their own means of installing an operating system. Please, RTFA. The only thing that would be forced by this is that HP would have to give consumers the option of not buying an operating system. Consumers would not be forced to not buy an operating system .

  94. ipod analogy again.. by Anonymous Coward · · Score: 0

    An MP3 player won't do anything as-is. Oh, it's broken, it should be bundled with like $50 of prechosen RIAA-approved music!

              Same thing. Sure the computer works. You pop in *your* CD and it boots, installs and runs.

  95. Re:He's an idiot by Yaztromo · · Score: 1
    So, you can do something with a computer with NO OS on it?

    Of course you can. You can boot that OS from a diskette, a CD, a DVD, a USB key, or from over the network.

    Of course, back in the day many systems came with a suitable basic environment burnt into ROM (often being a BASIC interpreter). I see no reason why something similar couldn't be done today (you could probably put the Linux kernel and a bash shell on-board without a lot of trouble).

    Yaz.

  96. Stuff from UFC website translated by Babel fish by Anonymous Coward · · Score: 0

    "Assignment

    Computer and software: you will not bind!

    UFC-That To choose assigns the companies Hewlett Packard, Auchan Bagnolet and Darty the Markets for illicit dependent sale.

    When a consumer wishes to acquire a computer near a manufacturer or of a distributor, this one is systematically sold with software, at least an operating system and very often of the application software (office automation plays, continuations, encyclopaedias...).

    It is impossible for the consumer to buy a "naked" computer and to then freely choose the software which it wishes to install on his material.

    However the consumer can be titular software licences and want to buy a naked computer, or quite simply to want to change software environment. He thus has legally the right to refuse the concomitant purchase of the useless software.

    This practice of dependent sale has existed for several years but is not justified any more in comparison with the rise in the general level of data-processing knowledge. More and more of consumers are able thus to freely being able to choose their software environment.

    This analysis is shared besides by the authorities through two ministerial answers of Mr Christian Jacob, Ministre in load of consumption, February 22 and March 8, 2005.

    Beyond the question of principle, the economic stake is considerable since the software can represent from 10 to 20 % of the price of a computer today.

    UFC-That To choose request with the manufacturers and distributors at the time of the purchase:

    - to allow the consumers who wish it to be able to buy a "naked" computer without any pre application and or operating software installed,

    - to allow the consumers to make the choice of the software which they wish to install by buying them separately or by activating or not the pre software installed via the handing-over or not by the salesman of their key of activation."

    Posted anonymously so don't flame me for karma whoring. It is important to see both sides.

  97. In the strictest technical sense you're correct. by jpellino · · Score: 1

    ""A computer without an OS is not functional. "
    "that is completly wrong and shows that you have complete ignorance no how computers work."

    In the strictest technical sense you're correct.

    In a practical sense, your answer is irrelevant.

    (But yet another reason to be nostalgic for Applesoft BASIC in ROM...)

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  98. Re:He's an idiot by edmicman · · Score: 4, Informative

    Define "operate". Yes, a PC without an OS will technically power up, but I think you'd be hard pressed to do anything with it without an OS of some sort. Have fun staring at "Please insert boot media..." all day long. Oooo, the lights will probably blink some, too, and you could spend all day going through the BIOS options. But other than that, you've got a nice paperweight without the OS.

  99. No, you do! by 644bd346996 · · Score: 1

    You have it backwards. HP is (rather, will be) obliged to give consumers the choice of not buying an operating system. This is clearly stated in the article. HP will always be allowed to offer windows preinstalled as an option, but they will have to make it optional.

    1. Re:No, you do! by 75th+Trombone · · Score: 1

      I had it less backwards than the parent of my comment did. HP will be obliged to not sell the OS with computers, as I said, in addition to the option of selling OSes preinstalled.

      Maybe I had it a little wrong, but the point remains the same: HP will be forced to sell their computers a certain way, even when they're not a monopoly, even when alternatives exist. And I think that's a bad thing. I think government intervention is in general a bad thing, except when there are monopolies whose behavior has to be regulated.

      --
      The United States of America: We do what we must because we can.
    2. Re:No, you do! by sholden · · Score: 1

      France (and a large junk of Europe) have very different ideas about what's a good and bad idea when it comes to regulating business.

  100. Re:Also, A DVD player without DVD is not a product by Anonymous Coward · · Score: 0

    "A DVD player without a DVD is not a product, because it doesn't work..."

    yes it does. You turn it on, you get a screen on the TV, and you even get an indcator that you don't have a disk.


    same with computers without OS... turn it on and 'OS not found' shows up on the screen.

  101. Re:Also, A DVD player without DVD is not a product by Anonymous Coward · · Score: 0

    "A DVD is media for the DVD player. It's not the same argument and you know it."

    Along with the film data, a DVD the menu and interaction program (IFO) that control the movie.

    You can go to the computer store, and buy a DVD so that your DVD player can do something more than a screensaver.
    You can also go to the computer store and buy an OS DVD for your computer, so that it does more than bios.

  102. VLAD FARTED by Anonymous Coward · · Score: 0

    FAMOUS VLAD FARTS: Volume 19

    In tonight's installment of "Famous Vlad Farts", we will discuss Vlad's fart of August 3, 1998.

    Vlad was at the dentist getting his teeth cleaned. Obviously, Vlad and his family were too poor to afford dental insurance and they could not pay the regular fee for an office visit, so Vlad was at a free clinic that gave out once-yearly examinations to homeless and poverty-stricken families.

    As the dentist was leaning over Vlad, examining his mouth, Vlad farted. The dentist was overwhelmed almost instantaneously by the stench and did not have time to even turn his head. He vomited into Vlad's open mouth, which instantly caused Vlad to defecate himself so hard that he overflowed his threadbare Jordache running shorts. The excess feces quickly filled the dental chair and splattered down onto the clinic floor.

    After an EPA inspection, the federal government ordered that the clinic be shut down and demolished, and the state of Illinois also razed the immediate 3-block radius as a precaution. No poor person in Joliet, Illinois has ever recieved free dental care since.

    Vlad remains at large.

  103. Re:He's an idiot by bob65 · · Score: 1
    Anyone who's ever built their own machine can tell you that.

    And how many people do you know have built their own machine? Have you? I certainly have not, and probably never will. All I've done is bought consumer parts and plugged them together through well-defined interfaces that I had nothing to do with designing, according to instructions that I had no part in writing, to form a "PC". I know the PC "just works" when I plug everything together, but I am largely ignorant about the details of how the CPU, motherboard, or any component works (beyond the basic easily understood concepts).

  104. congrats spitguzzler by Anonymous Coward · · Score: 0

    I am only one guy but I own a wallet and buy computers and printers. I will never buy an HP, nor an HP printer based on that one anti consumer statement, unless HP above him fires his sorry ass.

    Is this gallump stupid or what? People aren't saying that they wouldn't buy a computer from them (before), just that it would be nice and fair to see a frikken choice on the shelves! Naked,or with windows,or with something else-that's all. Why is this so hard for those bozos to understand that?

      You go to ye olde computer store, see their machinesa compared to others, compete on price and specs. Walk down the aisle, look at software, compete on price and specs. It's really that easy. If someone is against that, well, what ya got to hide anyway, afraid your "products" won't stack up?

      He's shooting himself in the foot bigtime! People who wanted it bundled-swell, who cares! Just other folks would like some more options to consider your hardware. Is HP in the hardware business, or are they just a subsidiary of microsoft, inc.? If they are a subsidiary, why isn't it in their financial statements?

    Anyway, I have a self built box, but an HP printer, next printer-anything but HP, and no computers from them. (Sorry HP linux dev guys, but your bosses call the shots and they suck octopus dick so that is how it goes)

    One sale or not at a time is how we as consumers can vote!

  105. McDonalds by nurb432 · · Score: 1

    Last time i went to a fast food joint, and i ate in, they didnt force me to get a bag.

    --
    ---- Booth was a patriot ----
    1. Re:McDonalds by FishWithAHammer · · Score: 1

      But McDonald's still wraps the burger in the paper, even if you don't get a bag.

      --
      "You can either have software quality or you can have pointer arithmetic, but you cannot have both at the same time."
  106. Re:He's an idiot by the_bard17 · · Score: 1

    Nope. But I should be able to choose what type of transmission I have in my car. For example, I don't want an automatic... I prefer a manual. I want to be able to choose between FWD, AWD, or dual range part-time 4WD. If the dealer doesn't offer my preference, I don't mind as long as it's possible to install it either through myself or a third party, and I don't get charged for a choice I don't want.

    Now why shouldn't my PC be the same?

  107. Quick start media PCS by spire3661 · · Score: 1

    What about PCs that feature quick start functionality for playing CDs, DVDs etc without booting an OS ? They are certainly not useless. Might be a VERY overpriced DVD player, but it does work perfectly.

    --
    Good-bye
    1. Re:Quick start media PCS by inf0mike · · Score: 1

      Except that the quick start functionality that you are speaking of is based on a windows PE type environment and is therefore still bundling windows!

  108. Re:He's an idiot by spire3661 · · Score: 1

    If you think financial compensation is an indicator of intelligence, then you really have no clue how the business world works.

    --
    Good-bye
  109. Re:He's an idiot by Mongoose · · Score: 1

    What if I forced you to buy a car that only runs on BP fuel? The bundling in this case is you can't choose which OS you want, and if in fact you get them to unbundle it you still pay for the OS you don't get. This is the entire point of the 'Windows Tax' arguement. Once OEMs are compelled to unbundle you can begin to undo Microsoft's monopoly. I think you'll see more and more of this as EU and Asians nations want more freedom from control of the American Microsoft. I'd like to see that happen in the US market too frankly, so we can speed up the end of vendor lock-in on the PC platform before Microsoft can sell it's 'End User PC/console' in the next few years. 'You want a computer? You have a choice between an Apple and a Microsoft.' You might welcome that day, but I sure won't as since it'll be the begging of the end for some of us.

  110. Re:He's an idiot by Salvance · · Score: 1

    They could offer consumers choices ... like buying the PC without an O/S or with a Linux O/S. Trying to buy a PC on HP's website or in a store without an O/S isn't exactly straightforward.

    --
    Crack - Free with every butt and set of boobs
  111. Re:Also, A DVD player without DVD is not a product by Anonymous Coward · · Score: 0

    I would like that too.

    But this a different kind of bundling.
    The details of the cpu and hardware of a DVD are intentionally not public.
    This prevents creating your own firmware, because they want you to watch the commercials.
    So by deign, there are no other OS options available for the public to buy and run.

    With a general purpose computer, of course there are many options of OS to buy/download and run.

    It is the bundling of extra though possibly not needed/wanted significant items that causes the possible harm to the consumer and possible OS competitors.

  112. Re:He's an idiot by Mr.+Underbridge · · Score: 1

    No, I think it should be mandated that computers can be purchased OS-free for a price that is less than the price of one with the OS by a difference of the retail price of the OS. I think people should have the choice.

    OEM price, maybe. Subtracting retail might be a bit much.

  113. He said "OS" not "Windows" by AHumbleOpinion · · Score: 1

    have to agree... He's saying that a computer without Windows is not a product. A bigger BS statement has rarely been made by a reputable PC manufacturer.

    You can agree, but that merely makes two of you that are "wrong". He said "OS", not "Windows": 'The PC without an OS is not a product ...". You may disagree with their decision to offer only one OS, and for that one OS to be Windows, but that is a separate issue.

  114. Re:He's an idiot by hyperquantization · · Score: 2, Interesting

    Yes, it would definitely be very nice for there to be such a choice. But think about it: to whom does HP market their products? Are these people going to trouble themselves with installing an OS? or are they just going to move onto the next vendor? Excuse my ignorance of specific market statistics, but I'm willing to guess that the population of users finicky enough to want a pre-built from HP that has something other than Windows installed, and are gifted with enough time and experience to install it themselves, yet not enough to build one themselves, just isn't a very wide market. If the market isn't there, or just isn't significant enough to matter, then the resources required to add such a choice would be wasted, hence why the choice simply does not exist. If you really want that choice, then go find a vendor that builds OS-free boxes, because HP, or any large company for that matter, isn't going to turn a profit on only a few people. So I'll have to side with the big, nasty corporation on this one.

  115. To Hell with HP by Anonymous Coward · · Score: 0
    I have had it with HP. Printers with inks that fade. Computers with pre-installed-by-HP-spyware and adware. Printers with drivers that specifically block the ability to share them on the local network (who's dumb ass idea was THAT?). Laptops loaded down with assholeware, and Broadcom wireless chipsets that don't interoperate with non-hp equipment.

    Seriously, give it up HP. Nobody wants you.

  116. Sarcasm... by John+Hasler · · Score: 1

    I guess I missed the most obvious one: sarcasm on Slashdot without explicit tags.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  117. Actually Incorrect by 75th+Trombone · · Score: 1

    No one here is being forced to buy Windows with their machine, as they are not being forced to buy from HP. If HP had a monopoly on selling computers, it'd be one thing, but they don't. Government action to make someone behave a certain way is not necessary and not desirable when there are alternate choices of people that already behave that way.

    Do you actually want the government to start making every company sell things to your liking? Does that not strike you as a dangerous precedent?

    --
    The United States of America: We do what we must because we can.
    1. Re:Actually Incorrect by 75th+Trombone · · Score: 1

      Government action to make someone behave a certain way is not necessary and not desirable when there are alternate choices of people that already behave that way.

      Perhaps I shouldn't have been so general in this statement. It's one thing when you're talking about, e.g., safety regulations. If a major company consistently does something that makes people physically unsafe, government intervention might be warranted.

      But we're not talking about safety, we're talking about reasonable alternatives as to how to run a computer. (Yes, Windows is to many people a reasonable alternative as to how to run a computer.) So to rephrase my statement, in matters of choice, government intervention is not desirable when alternatives exist.

      --
      The United States of America: We do what we must because we can.
    2. Re:Actually Incorrect by zotz · · Score: 1

      "So to rephrase my statement, in matters of choice, government intervention is not desirable when alternatives exist."

      So why has the government intervened and given monopoly powers via patents and copyrights? If you want to talk free market theories, please ask the government to really get out of the market. I mean, can't the market find a better solution?

      all the best,

      drew

      --
      FreeMusicPush If you want to see more Free Music made, listen to Free
    3. Re:Actually Incorrect by Schraegstrichpunkt · · Score: 1

      Shtarker! Zis is Slashdot! Ve don't "think rationally" here!

  118. Utter rubbish by Anonymous Coward · · Score: 0

    'The PC without an OS is not a product because it doesn't work,'

    That means that every PC that I have ever bought in my life (about 8 of them) were all "non-working".

    Interestingly, I was very happy with my "non-working" PCs once I installed Linux on them.

    Notice that it was a lawyer who uttered that nonsense quote. Big surprise.

  119. Re:In the strictest technical sense you're correct by ivan256 · · Score: 1

    In a practical sense, your answer is irrelevant.

    Practical for who?

    If you are purchasing a computer on which you intend to install your own OS (or your OS of choice), having a different OS that you were forced to pay for already installed isn't exactly 'practical'.

    However, if they're going after HP, they should go after Apple too.

  120. Re:He's an idiot by hdparm · · Score: 1

    The argument that a computer is usable without an OS is completely retarded

    I'd say that's pretty arguable - depends on who boots the thing up.

    Point that you missed is that people should not be forced to by PC with any OS preinstalled if they chose so for whatever reason. I want to buy PC - SINGLE PRODUCT and I don't want anybody to force SECOND PRODUCT upon me if I don't want it. That IS THE LAW in France - if HP wants to run business there, they must do it in accordance with French laws.

  121. Think more carefully by msobkow · · Score: 1

    Is a tractor unit without it's trailer useful? No, but you'd never presume the trailer is part of a semi-tractor transport.

    Probably before most Slashdot member's time, but when early machines came out, about all you had was a bootstrap BIOS, CPM, or BASIC ROM monitor. PEEK and POKE ruled the day for those of us who could not afford assemblers.

    Give me bare hardware, a bootstrap, and in time it will be useful.

    Linus did it. The British grad student who wrote the Amiga-DOS kernel did it. So have many others.

    Give me a machine with CD or DVD drive, and I'll show you how useful a bare-bones chunk of metal is.

    --
    I do not fail; I succeed at finding out what does not work.
  122. Re:He's an idiot by Greventls · · Score: 2, Insightful

    The irony of demanding a computer to include linux on the bios but not to include windows on the hard drive. Wow. This entire thread is terrible. HP sells prebuilt computers to people. There is no monopoly by HP, not even an oligopoly by HP and Dell. Where are the complaints about Mac's have OSX on them? If anyone is locking in hardware with software, it is Apple. But then again, if you don't want an operating system, go to a company that doesn't include one or build your own. It isn't really that hard. I really don't understand this arguement.

  123. Um, no by Anonymous Coward · · Score: 0

    It would be illegal to not offer a car WITHOUT gasoline, if you are in the business of selling cars.

    1. Re:Um, no by Mattwolf7 · · Score: 1

      Wow too many negatives in that sentence to make any sense...

      1.) It would be illegal to offer a car with gasoline

      2.) It would be illegal to not offer a car without gasoline

      In #2 are you trying to argue that in order to sell a car in France they should offer two+ options? With gas brand A, gas brand B, etc, and car without any gas?

  124. Re:He's an idiot by smaddox · · Score: 1

    i have a box without any OS on it. when i want to run a program on it, i pop in a cd titled Ubuntu Live, and boot it up.

    Seems to work fine to me. Maybe HP just didn't know about that though. Thats ok. Now they can change, and everyone can be happy.

  125. Re:He's an idiot by burdicda · · Score: 1

    Guns are sold without bullets
    They work fine
    If you want to use them
    You "AQUIRE" bullets

    No single supplier has a stranglehold
    on all gun sales......

    cmon....get up off that BULLSHIT....

  126. first Apple, now PCs by mabhatter654 · · Score: 1

    this is the same French Law applied to Apple's iPod/iTunes Lock-in when it was JUST Apple's system because they could not inter operate with other companies music or players. This is great news for OSS fans because it's sort of forcing HP to officially admit there are other OSes out there. Under French law Microsoft cannot legally enforce their OEM lock-in tactic like they do here and European laws & courts don't respect corporate "privacy" nearly the same way the courts here do... it is a "put you in jail" punishable offense over there to "conspire" to what MS has done for years here. perhaps this is an attempt to draw out HP into advertising another OS on their machines? Do they face the Law or face the wrath of Microsoft? Clever lawyer that got the ball rolling!

  127. This is great by Registered+Coward+v2 · · Score: 2, Interesting

    Maybe we can get more countries to file lawsuits like this - against as many companies as possible.
    Cell phones that force us to use Symbian OS instead of letting us roll our own. Cars that are bundled with Renault engines instead of letting us install one from Abarth.

    hell, why not just make it illegal to assemble anything from components and let us build it ourselves.

    Then their system will be as tort happy as ours and we will regain some of the advantages we lost. Viva la France - Libertie, Egalitie, Unbundletie!!!

    --
    I'm a consultant - I convert gibberish into cash-flow.
    1. Re:This is great by vidarh · · Score: 1
      You completely miss the point. A cellphone without an OS is unusable for the purpose for which it's sold - you can't make calls with it. A car without an engine can't be driven. That means neither of them are bundles in the eyes of any European consumer protection regulations.

      In this case, however, a computer very clearly is usable for it's purpose without an OS: You can still run a variety of software on it, including other operating systems. That makes it a bundle.

      These laws exist in most European countries, and many others, for the express purpose of protecting competition and consumer choice. In other words: To ensure a free market. It's one of those areas where a less regulated market means a less competitive and less free market, as there are strong economic incentives for dominant players to bundle.

    2. Re:This is great by Anonymous Coward · · Score: 0

      wel as per usual is only america that call them cell phone...
      but well america is always different to the rest of the world

    3. Re:This is great by Registered+Coward+v2 · · Score: 1

      You completely miss the point. A cellphone without an OS is unusable for the purpose for which it's sold - you can't make calls with it. A car without an engine can't be driven. That means neither of them are bundles in the eyes of any European consumer protection regulations.

      In this case, however, a computer very clearly is usable for it's purpose without an OS: You can still run a variety of software on it, including other operating systems. That makes it a bundle.


      A computer is no more usable without an OS than a cell phone without one or a car without an engine - you can no more use it to perform the normal tasks a consumer expects out of the box than either of those two examples. You might not like the computer's bundle, anymore than you might the cell phone's or the car's; then again no one is forcing you to buy any one brand.

      These laws exist in most European countries, and many others, for the express purpose of protecting competition and consumer choice. In other words: To ensure a free market. It's one of those areas where a less regulated market means a less competitive and less free market, as there are strong economic incentives for dominant players to bundle.

      I imply do not believe that ultimately benefits consumers. If people really wanted machines without an OS, there would be companies selling them. For less than one with Windows already included, since they would pay no fee for the OS. The lack of that choice indicates that there simply isn't a market worth serving for such machines. If computer manufacturers were forced to unbundle machines, consumers would probably pay more since they would now have to buy a computer and OS separately - which would add distribution costs and reduce economies of scale - all driving up the total price. Then they either would pay to have it installed or have to spend time doing it themselves. Paying more for the same product to me is the real damage to consumers.

      Finally, companies as Apple would be hurt since they would no longer be able to bundle their OS with a machine - since I could now buy a Mini without MacOS and run Windows - lessening their per machine revenue and profit. Want to bet boot camp would disappear in such a scenario?

      Anti bundling is fine when they prevent you from being forced to buy a second product, not already included in the price of the first, in order to buy the first - but to force manufacturers to unbundle products whose combination is necessary to the use of a product is not. Regulations, if applied like the suing group proposes, only serve to protect companies that can't compete by artificially introducing added barriers and raising the price of goods to the consumer.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    4. Re:This is great by wikinerd · · Score: 1

      I, as a customer, would be very happy to see a law requiring all products to be hackable. Customers want to play with what they buy, too, not just use it.

    5. Re:This is great by Anonymous Coward · · Score: 0

      First it's "Vive la France" as "Viva" is spanish ...
      And secondly it's "Liberté, Egalité, Fraternité"

    6. Re:This is great by Anonymous Coward · · Score: 0

      When you use the phrase "free market", you seem to be using the word "free" to refer only to "consumer freedom". It's like a slaver owner saying, "I should be free to choose if my slave will pick cotton or not." It only makes sense to say that a consumer should be free to choose a bundled or unbundled product if you consider consumers as masters and producers as slaves, and you define 'free' as the master having the right to bend the slave to the master's will.

  128. Re:Also, A DVD player without DVD is not a product by RobertLTux · · Score: 1

    easy way to solve this "problem"
    somewhere in the buying process you have an option

    1 Windows XP Home restore package (+$99.99)
    2 Windows XP Pro restore package (+$99.99)
    3 I will provide Windows OS /HP driver kit (+00.00)
    4 No OS needed

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  129. Re:Also, A DVD player without DVD is not a product by andphi · · Score: 2, Funny

    And young children will inevitably play with the box more than the toy.

  130. Re:He's an idiot by Waffle+Iron · · Score: 5, Funny
    Last I checked, Newegg wasn't including a copy of Windows every time I bought a computer from them.

    That may explain why this French consumer group is suing HP instead of Newegg.

  131. Re:He's an idiot by MeanE · · Score: 4, Insightful

    The problem with an OS-free PC is that it will actually cost you more. The large PC manufacturers get Windows for very cheap, and then load it up with "value added" software, links, demos and other such great stuff. It turns out that by having Windows on the PC they are actually turning a profit.

    You might not like paying for Windows in some way, but in effect it lowers the cost of your PC, odd as it may sound.

    Either pay more (or at worst get no reduction in cost), or just nuke windows off the drive when you get it.

  132. I agree, but with a slight twist by slew · · Score: 1

    I don't totally buy the argument that PC+OS=product, however, in HP's defense, it probably doesn't work as advertised without the windows OS and is really a different product without it.

    Also, in most juristictions, there is a implied warranty of merchantability that comes with every item that is sold: that is reasonably functional for their ordinary purpose. Of course we are free to debate what the "ordinary purpose" is of a french computer and if it requires and OS to reach that level of functionality out of the box. If a french computer isn't expected to work out of the box and needs and OS install, then presumably this is a slam dunk. Otherwize, it's perhaps less clear.

    For example, the french "bundling" law taken to extremes could be interpreted as forcing cars dealers to sell cars w/o tires because it's possible to buy a different brand of tires for the car instead of the tires that came with the car (or even the brand of synthetic motor oil). Although I doubt it could ever be interpreted to apply to these things because it wouldn't be a merchantable car without oil or tires.

    In any case, as with the US, I think in France you can techically get a rebate/refund for the OS if you don't use it. It seem you have to change the terms of the default purchase contract and request it in writing and threaten to sue to get them to refund you... ;^)

    Perhaps that is a shallow victory for some. Also note that it seems the history of applying this law to the OS is against the unbundling in the case of a computer and an OS (and iTunes and iPods), even though bundling appears to apply in these case, such is the vagaries of the DDGCRF (the french directorate in charge of competition and fraud). They had to pass a specific law in france to make the iTunes/iPod bundling thing against the law and they'd probably have to do the same for computer+Windows.

    Actually I'd just like to see this bundling OS+processor be eliminated on cell phones. I could care less about the desktop and lap top computer stuff.

  133. Re:In the strictest technical sense you're correct by CheeseTroll · · Score: 1

    Well said. And certainly more tactful than what I wanted to say. :-)

    --
    A post a day keeps productivity at bay.
  134. Re:He's an idiot by camperdave · · Score: 1

    Assemble from parts is one of the definitions of "build". Just because you had no say in defining PCI, SATA, or MFM, doesn't mean that you didn't build the machine by plugging the parts together.

    --
    When our name is on the back of your car, we're behind you all the way!
  135. Re:He's an idiot by jlarocco · · Score: 5, Interesting

    So? His statement is still false.

    Even if you make the assumption that the OS is a required part of the computer, there's still no reason they should only bundle Windows. They offer a variety of case designs to choose from. nVidia or ATI graphics cards to choose from. AMD or Intel processors to choose from. So why no choice on operating system?

  136. Re:He's an idiot by mabhatter654 · · Score: 1
    the difference is that EVERY SINGLE CAR ON THE LOT doesn't include the very same "MotorSport" engine!!!

    GM, Ford, Chrysler, Honda, Toyota, etc... all make their own engines to put in their own cars... kind of like Apple. There's not one engine company out there demanding that car companies put only that engine in the car or they'll double the price of the car.

  137. The straight dope. by Anonymous Coward · · Score: 1, Insightful

    Microsoft strategists, should they stumble across the discussion so far, would fall into fits of uncontrolled cackling, wide eyed, rubbing hands, with grins stretching all the way to the bank.

    Why? Because everyone is preoccupied with issues that are mere disctractions from the real problem - Microsoft's abusive policies. You think HP want to restrict customer choice? Wants to charge them extra for Windows? Is full of idiots because they come up with a lame excuse for a policy whose only good excuse cannot be disclosed? The French are bad because they are targeting companies unfairly? Dream on - this entire discussion has missed the boat.

    There is a reason you never see PCs from major manufacturers for sale without Windows. It is not a conspiracy between the hardware companies. HP would probably love to offer Linux. The real villain is Microsoft. They include penalties in their contracts with PC makers, that make it suicidal for vendors to sell even one PC without Windows. If HP sold so much as one unencumbered PC, they would owe Microsoft so much more money that it could affect their stock price. Microsoft gets away with this because all vendors need to be able to sell discounted copies of Windows, profit margins on PCs are razor thin, the agreements are confidential, and Microsoft has plenty of lobbyists, lawyers, and PR people.

    France is right to enforce laws that break a monopolies ability to enforce its market dominance. I hope that these laws do not suffer from unintended consequences.

    [Posted anonymously because I don't like having chairs thrown at me. Microsoft lawyers take note: I am not a party to any Microsoft confidentiality agreement and claim first amendment protection for the facts included herein.]

  138. Re:He's an idiot by westlake · · Score: 1, Insightful
    He is an idiot. A PC will probably need an OS eventually, but it most definitely does NOT need to be included for the computer to operate. Anyone who's ever built their own machine can tell you that.

    You market a PC as a consumer product you must ship it with an OEM system install.

    System builders are insignificant in this market segment. The Geek is insignificant in this market segment. The PC as a plug and play appliance has been the gold standard for users for over twenty-five years.

    He isn't the idiot. You are the idiot.

  139. Re:Also, A DVD player without DVD is not a product by 4D6963 · · Score: 1

    Man, it's like you're giving us the stick for us to beat you up with.

    Because in case you didn't realize, by saying everything you just said you can argue that a PC without an OS is a product because it works since it makes light and you can actually use the BIOS. While you might have realized this, it means that while a PC without an OS is as much of a product that works as a DVD player without a DVD, it also means that if you claim that a PC without an OS is not a product because it doesn't work, it means that you can also claim that "A DVD player without a DVD is not a product, because it doesn't work...", as the GP did, which means that while kind of trying to prove wrong the GP you actually kind of prove him right, if we can say such a thing..

    --
    You just got troll'd!
  140. Re:He's an idiot by Anonymous Coward · · Score: 0

    Obvious difference. All it takes to get an OS-less computer to boot is to drop a CD in it. This is a task that every user of the computer would be expected to be able to handle.

    Not only are they expected to be able to do it, but most likely they'll end up having to do it on the first day of use anyway.

    The best car analogy I can think of is gas. If the dealership wants to charge you for $10,000 full tank of gas, you should be free to say no and bring a gas can yourself so you can drive it off the lot. Windows and the hardware for the computer are roughly the same order of magnitude cost wise so the gas price in this analogy has to be significant.

  141. Re:He's an idiot by Anonymous Coward · · Score: 3, Insightful

    He's probably also never bought an automobile without an engine.

  142. Which is the lesser of two 'evils'? by rubberbando · · Score: 1

    As an American, I'm 'supposed' to hate the French and yet as a computer geek, I'm 'supposed' to hate Micro$oft...

    But...apparently I am of the Generation called X so I choose apathy.. :-P

    MEH!

    --
    DEAD DEAD DEAD DELETE ME
  143. Re:He's an idiot by mshih · · Score: 1

    You can buy a car but it can't function without some type of fuel. It doesn't mean that you have to buy the fuel from the car dealer.

  144. How far can this go? by ZDRuX · · Score: 1

    ...violates a French law that 'prohibits linking the functionality of a product to another product'

    So how far can this law be interpreted? For example, at which point in life does a computer become a "computer" ?! Is it still called a computer if it doesn't have a harddrive? Is it still considered a computer if it doesn't have a video card? What about an OS? What about a monitor? Mouse? All these things are not *necessarily* needed to run a computer, but are part of a "packagage" that 99% of the population wants. They don't have to be given a choice if they want to buy a computer with a harddrive or not, because it's "assumed" that they do.

    I think this lawsuit is really a little out of this world.. this computer that you're buying is not "tied" into ANYTHING, you can delete windows and install any OS you wish and request the refund from your XP if you're so ANTI-Windows, or ANTI-pre-installed OS. And if your mother is so computer savvy that she feels confident in being able to install Linux by herself and wants to spend that hour sitting in front of her brand new computer doing nothing but making sure ths install goes right, then why the hell are you buying a computer from a company who sells it with Windows pre-installed? Why not go out and build your own if this company does not provide you with a product that suits your needs?

    What this law is trying to prevent possibly is buying a car, and having to ONLY use their repair centers and fill up only at THEIR gas stations. This is NOT reffering to selling a car with or without tires because tires are part of the "full package" much like the OS. None of those things are required to run the other, but it's assumed that you'd want them.

    I hope we don't start see'ing lawsuits in France that forbid selling computers all-together, because Dell is tying you into their sound-card manufacturers, their harddrive manufacturers, and their cd-rom drive manufacturers, etc...
    --
    The magical number is: 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  145. Re:He's an idiot by mabhatter654 · · Score: 1
    good point, now that Microsoft has the channel locked in, I could see them working on an "office console".. in PowerPC of course... to cut out PC vendors. Of course they would still enforce their PC lock-in while the vendors wither, while undercutting them with their own product.

    MS already has the tools in place...the only thing "saving" the PC makers at this point is that Microsoft can't execute to save it's ass!! All they need to do is port .Net to Xbox360, remember how they were supposed to port Office to .Net... see a pattern. it's got more than enough power, and even disk space. It would be a great thing for IT, one standard configuration "cookie cutter" and "just works". Use "grid" computing in the server room for processor intensive tasks but do everything from the console... it's got wireless network, wired network, wireless controller (kbd/mouse?), USB 2.0, You can supply hard drives or not.. and they're proprietary so they can't be "stolen" or hacked. It's the "perfect" office PC. Completely controlled by Microsoft!!!

  146. I forgot about the "refund" by NotQuiteReal · · Score: 1
    If you buy a Windows bundled PC, how much can you actually get back?

    I am guessing the average OEM price paid by mfg is

    Bonus Question, where do you get "the paperwork?"

    --
    This issue is a bit more complicated than you think.
  147. Re:He's an idiot by kimvette · · Score: 1

    FWIW, that's all that Dell, HP, and Apple do. Foxconn designs most of their boards and connectors, Intel, AMD, ATI, or VIA most of the chips, so by your logic HP does not build PCs. Right?

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  148. OK, I can leave this thread now... by punkass · · Score: 3, Funny

    ...I really just came for the pre-requisite "bad car metaphor".

    --
    "Nobody owns the fucking words man." - James Dean
  149. Actually, HP sells computers without OS by paugq · · Score: 1

    As a reseller, I can assure you can buy a computer from HP without an operating system but it has to be a BTO (build to order). You have to order it using the Top Config and it will end up being more expensive than the same computer with Windows, but if that makes you happy, you can do it.

    The only computers any well-known brand (HP, IBM, Fujitsu, Acer, etc) will sell without any OS straight from factory (that is, no BTO) are the very low end machines ($200-300).

    1. Re:Actually, HP sells computers without OS by JoeCommodore · · Score: 1

      You can Buy a Dell server without an OS.

      --
      "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
  150. Re:He's an idiot by Huggs · · Score: 1

    I'm pretty sure Microsoft offers licensing discounts as long as they're exclusive. Start selling machines with Linux and the discount is lost, and the $800 HP becomes $1000.

  151. Re:He's an idiot by gsn · · Score: 1
    They offer a variety of case designs to choose from. nVidia or ATI graphics cards to choose from. AMD or Intel processors to choose from. So why no choice on operating system?


    Because it costs them more money to support multiple OSes or indeed no OS at all? Think of all those fun tech help calls for people who chose the no OS option and then can't get drivers for some piece of hardware.

    --
    Reality must take precedence over public relations, for nature cannot be fooled.
  152. Re:He's an idiot by ZeroPly · · Score: 1
    Actually, I work in deployment in an HP shop, and I can save you from that "O/S Not Found" message.

    Allow me to tell you more.

    The vendor supplies us with the MAC address before the system gets here. I can put that into our management system (Altiris), and when the computer first boots, it's going to boot into our PXE server by default. Then it will get a nice WinPE image downloaded to it and voila, it does what we want it to do.

    Not every PC runs spreadsheets and a browser. If I wanted to set up a cluster to handle distributed bioinformatics analysis, I really wouldn't care what's on the hard drive. Could be Windows 98 for all I know. I just care about that nice CPU and maxed out RAM.

    --
    Support microSD: in a post 9/11 world, it is unwise to carry your data on media that you cannot comfortably swallow.
  153. I forgot about the "refund" [redo-w/o < snafu] by NotQuiteReal · · Score: 1
    [How that post should have looked...]

    If you buy a Windows bundled PC, how much can you actually get back?

    I am guessing the average OEM price paid by mfg is <$50, I can get OEM Windows for ~$120... how much does Joe Blow get, if he jumps thru the paperwork hoops with his new Dell/HP/Compaq/Whathaveyou?

    Bonus Question, where do you get "the paperwork?"

    --
    This issue is a bit more complicated than you think.
  154. Re:He's an idiot by Nicholas+Evans · · Score: 1, Redundant

    What is your point? That's HP's problem, not mine. And so what if people start buying Linux with their PCs instead of Windows? HP would be able to make a hell of a lot more per Linux machine sols, anyway.

  155. Flawed Logic. by Shaltenn · · Score: 1

    I am seeing lots of flawed logic here.
    Many of you assume that since you prefer an open-source OS and generally find it far superior to Windows that everyone else should.
    The problem is that the majority of the people in the world do NOT share this view point.
    From HP's viewpoint is FAR simpler to buy a large number of licenses from Microsoft at a cheap price and sell it on ALL their machines - it makes good business sense. It's not like you can't get rid of it and install your own OS on top of it. NOTHING prevents you from doing that.

    You all need to think about it as HP's bottom line - returning the cost of the OS for the few percentage of people who want to is far cheaper than buying licensnes from Microsoft individually and then charging people the full price. Simple as that.

    --
    If you were offended by anything I said... No, I'm not sorry. Please lighten up.
  156. Re:He's an idiot by spysmily1 · · Score: 1

    I think that's the point. He defines the phrase "nonworking PC" and people say he lies. You used the phrase "build a PC" and defended it with your definition because another on this board was being sarcastic with his own definition, even though it was a legit one. It's all BS legal mumbo jumbo mixed together with a splash of terminology. Whoever comes out on top, O.J. still did it!

    --
    Videogames made me kill people...I also eat mushrooms to grow bigger.
  157. Sounds like a business opportunity by Ingolfke · · Score: 2, Insightful

    So... HP sells a product that apparently could cost less without the OS installed. So why doesn't someone else just sell a barebones PC? Why does the law have to be inovolved? Why do we have to use the government to force a company to sell their product in a way that some consumers want? If the company isn't meeting the consumer requirements then some other company can capitilize on that opportunity and create a product... why must HP sell HP products any way other then the way HP wants to. If customers don't like paying the price then don't pay it. It's simple... no need to give these silly beaurocrats any more power.

    1. Re:Sounds like a business opportunity by fahrbot-bot · · Score: 1
      HP sells a product that apparently could cost less without the OS installed. So why doesn't someone else just sell a barebones PC? ... why must HP sell HP products any way other then the way HP wants?

      Generally, because the volume sales agreement HP has with M$ is probably conditional or based on HP selling a copy of Windoze with every PC (or at least HP paying for a copy for each), otherwise the discounts go out the window.

      --
      It must have been something you assimilated. . . .
    2. Re:Sounds like a business opportunity by Anonymous Coward · · Score: 0

      why must HP sell HP products any way other then the way HP wants to Want to or are compelled to by M$ "incentives" ? How much would M$ sell their licences to HP if they just gave-up pre-installing Win EXCLUSIVELY ?
    3. Re:Sounds like a business opportunity by westlake · · Score: 1
      So why doesn't someone else just sell a barebones PC?

      Because no one in the consumer market will buy it. Simple as that.

    4. Re:Sounds like a business opportunity by jimicus · · Score: 1

      Because the margins on PC hardware are so tight that in order to make any money in the first place, you have to be building and selling in quantities like HP, Dell or Lenovo do. (There's a reason why IBM sold their PC hardware division, y'know).

      And all these major companies state that for desktop PCs, it's Windows or no PC at all.

    5. Re:Sounds like a business opportunity by Ingolfke · · Score: 1

      In that case wouldn't the lawsuit be directed at Microsoft for unfair practices?

    6. Re:Sounds like a business opportunity by Ingolfke · · Score: 1

      Makes sense. So maybe HP and other PC makers have done a bit of analysis and realized that it costs them less to manufacture a PC with Windows on it, since 99.9% of their customers are going to want that right now, then it does to offer the option to have a bare bones PC. So instead of offering both options at the same cost.

      This consumer group's argument is actually rather silly. Why stop with the OS. Sure I want a PC with Windows, but I don't want Nero Burning Rom installed. So you must not install that software and I must get a discount on my purchase because I didn't want it. Please let me pick and choose exactly which pieces of software I want to pay for... and when I make choices that make some of the PC's functionality unuseable (end user consumers would never do that to save a buck) and please pay for the extra support staff to handle all of these calls and complaints and then please pass that cost on to us.

      The free market actually works, particularly in this case where there is extreme competition. I wouldn't be surprised to find out that the true cost of selling a PC with Windows and selling a PC without Windows is actually very close to the same number. That may change over time, it may be that Linux or web-apps take such a hold that selling a PC without Windows is profitable, but let the market sort that out. Let individual consumers complain to the company or vote with their dollars, using the government to force companies to offer specific optons works against us all.

    7. Re:Sounds like a business opportunity by Ingolfke · · Score: 1

      Does MS actually do that anymore? That was part of their whole monopoly problem. If this is the case though then MS should be the subject of the lawsuit, not HP.

    8. Re:Sounds like a business opportunity by 10101001+10101001 · · Score: 1
      Please let me pick and choose exactly which pieces of software I want to pay for... and when I make choices that make some of the PC's functionality unuseable (end user consumers would never do that to save a buck) and please pay for the extra support staff to handle all of these calls and complaints and then please pass that cost on to us.

      I'm not sure I understand your argument. It sounds like you're saying that consumers are too stupid to make choices when it comes to software on a computer, so OEMs should be "smart" for their consumers, even for those consumers who *are* smart. It's very depressing that the lacking of the foundation of the free market, have adequate information, is the basis to argue that we should simply accept that OEMs should not be required to provide options or information to consumers to allow them to make an informed decision. Are you also a fan of locking the hood of cars with a special key that only the manufacturer possess, since obviously you're too stupid to know how to properly service a car? Would you at all understand that the fact that people *are* too ill-informed should be a basis for law to help better inform the consumer and give them more reasonable options instead of being babied by companies?

      --
      Eurohacker European paranoia, gun rights, and h
    9. Re:Sounds like a business opportunity by Ingolfke · · Score: 1

      I'm saying that law shouldn't be about what features a company should provide. Governments have less information about the product and real needs then the consumers or the business. If there really is a market where money can be made selling a stripped down PC then one will emerge. The proper way to handle this is complain directly to HP, ask for the option, consider purchasing the hardware from another vendor, etc. not to take it to the courts to force a company to provide a product that they currently do not sell.

      You seem to just dismiss support costs... support costs are huge... support issues are huge. If the costs of supporting an option outweigh the benefit for the business of offering the option they're most likely not going to offer the option (their shareholders will appreciate that type of focus).

      I think a more accurate car analogy would be requiring car manufacturers to sell their cars without tires. Many car buyers purchase after market rims and tires to enhance the look and performance of their cars. They should not be burdened with the cost of a manufacturers rims/wheels and then a 3rd party's (Goodyear, Toyo, etc.) tires.

    10. Re:Sounds like a business opportunity by zimm0who0net · · Score: 1

      Ummm... Because this is FRANCE, and free-market arguments like yours just don't seem to go over. Did you know that there is no French word for "logical".

    11. Re:Sounds like a business opportunity by jimicus · · Score: 1

      consider purchasing the hardware from another vendor

      The whole crux of my argument is that there's only a few major vendors left, and they're all as bad as each other.

      This is one of the reasons that 9 times out of 10, few large companies send a PC out with the Windows build that it shipped with on there. They don't know what that was, it's probably different to what it was a couple of months ago and it would very quickly become a support nightmare.

    12. Re:Sounds like a business opportunity by Ingolfke · · Score: 1

      The whole crux of my argument is that there's only a few major vendors left, and they're all as bad as each other.

      You can purchase PCs without operating systems from local vendors and many computer stores. You can purchase components and build your own PC. The consumer has many options, although they probably aren't as cost competitive as just purchasing a box with Windows and then dumping Windows.

      If Microsoft is using its power to force vendors to install its OS on every PC and pass the cost along to the customer then go after Microsoft. If HP, Dell, SystemMax, Gateway, etc. have found that it's much more cost effective to satisfy the vast majority of the market by pre-installing windows then that's they're decision. It's their business.

    13. Re:Sounds like a business opportunity by 10101001+10101001 · · Score: 1
      I'm saying that law shouldn't be about what features a company should provide.

      So, there shouldn't be laws against contract killer companies? After all, it's only after they kill someone that a crime is committed.

      Governments have less information about the product and real needs then the consumers or the business.

      If that were the case, why is it the case that you were arguing that there were higher support costs because consumers didn't know what software they could or couldn't remove? It sounded like you were arguing that business knows best and that government cannot act in the interest of helping to inform the consumer by segregating those things that really *don't* need to be bundled so people are given an option.

      If there really is a market where money can be made selling a stripped down PC then one will emerge.

      There already exists "a market" such that you can buy PCs without an OS. However, the issue is more that most consumers are apparently unaware of the situation because most OEMs have created the illusion that one cannot buy a PC unless it includes Windows. They even go out of their way to deny you the option to buy one of their PCs without Windows. So, while a market exists outside of these OEMs, it's fundamentally OEMs where one can get a pre-built machine of a good value. I guess the real question is more why OEMs don't believe "the customer is always right".

      The proper way to handle this is complain directly to HP, ask for the option, consider purchasing the hardware from another vendor, etc. not to take it to the courts to force a company to provide a product that they currently do not sell.

      People have complained, repeatedly, to HP and other OEMs. Do you see HP selling computers without an OS? Yes, they can buy from another vendor. That really doesn't solve the problem that HP and other OEMs are basically lying to consumers, by repeatedly acting like buying a PC without an OS is no longer a product and can't do anything.

      You seem to just dismiss support costs... support costs are huge... support issues are huge.

      No, I didn't dismiss support costs. I pointed out that support costs, as you listed them, were a fact of consumer ignorance. Instead of working to resolve that consumer ignorance, you support a system in which companies do the thinking for consumers. That's fundamentally wrong, IMO.

      If the costs of supporting an option outweigh the benefit for the business of offering the option they're most likely not going to offer the option (their shareholders will appreciate that type of focus).

      Yes, thanks for pointing out the obvious. Law isn't there to enforce what already happens. It's there to provide a basis of punishment for those who do things that the government believes shouldn't be done. Some believe that furthering ignorance in a market is wrong, even if the alternative is not a maximal return on money for businesses. Some believe the same about dumping toxic waste into ground water.

      I think a more accurate car analogy would be requiring car manufacturers to sell their cars without tires.

      That's not a good analogy to the situation (and my analogy wasn't towards the current situation). The requirement isn't to sell all PCs without an OS. The requirement is to allow some to buy an OS (Windows or whatever they're offering) with their PC and to allow some to not buy an OS. Even then, your analogy fails. You can't move your car off the showroom floor without either tires or by carrying it at non-trivial expense. The lack of an OS in a computer has no effect on your ability to move it. A better analogy would involve the entire sound system being optional, which ironically enough is a common scenario in many car models.

      --
      Eurohacker European paranoia, gun rights, and h
    14. Re:Sounds like a business opportunity by fahrbot-bot · · Score: 1
      In that case wouldn't the lawsuit be directed at Microsoft for unfair practices?

      I don't think so as it's a sales agreement / contract entered into voluntarily by both parties (M$ and HP). HP doesn't have to sell Windoze, but then M$ doesn't have to sell it at a discount either.

      In addition, supporting multiple OSs would probably hurt the vendor's profit margin by requiring additional and/or more experienced tech support (such as it is)...

      --
      It must have been something you assimilated. . . .
    15. Re:Sounds like a business opportunity by jimicus · · Score: 1

      You can purchase PCs without operating systems from local vendors and many computer stores.

      WHAT local vendors? Most of them have been driven out of business by Dell. Of the few that remain, I'd be paying a 20% premium for the privilege of buying a PC without Windows, and none of them have the infrastructure in place to OEM laptops. "But they can offer better support" - That's nice. I've got 22 years experience in computing, I don't think I need support from some spotty little 16 year old who works in the local computer store.

      If Microsoft is using its power to force vendors to install its OS on every PC and pass the cost along to the customer then go after Microsoft.

      It is, but legally it's far easier to go after the vendor for "illegally bundling" a product than it is to go after Microsoft for illegally abusing their monopoly. Furthermore, there are rather fewer local vendors and stores selling laptops without Windows. In my area, I can think of about 4 computer stores. None of the independents build laptops (naturally), the only other options are department stores or a major chain, neither of which will offer a PC without an OS.

      And as a normal consumer, I can't go after Microsoft because at the OEM stage, I'm not the customer. Dell or HP are. It's extremely frustrating to have such a limited choice available when the only reason the choice is limited is because Microsoft say that's how it should be.

      If HP, Dell, SystemMax, Gateway, etc have found that it's much more cost effective to satisfy the vast majority of the market by pre-installing windows then that's they're decision. It's their business.

      Come off it.

      It's doubtful Microsoft will pay the reseller for them giving a refund on an OEM product, so the OEM doesn't offer it. Even now, you can ask for a PC without an OS and the salesman will insist that he can't do that, as part of their contract with Microsoft states that they must ship every PC with Windows. Doesn't matter how much you point out that this has been declared illegal in various countries, they'd far rather lose one customer than piss off Microsoft.

      Now I think of it, if you're a big enough customer, Dell will preload your company's own PC build at the factory so your IT department doesn't even have to do that with PCs they purchase. Anyone tried giving Dell a Linux build for this?

    16. Re:Sounds like a business opportunity by Ingolfke · · Score: 1

      I appreciate that YOU have 22 years of experience in computing, but most people do not. I assume, given your experince, you realize this. You relize that people, particularly users who are interested in a $350 computer may not be as experienced as you and may make many many stupid mistakes (the CD-ROM is a coffee tray support call comes to mind... or the 'any key'). So I would assume that you would realize that offering a PC w/o the OS on it MAY increase support costs.

      Now you don't know anything about the detailed inner workings of Dell or HP's business model, their support costs, supply chain, etc. and you don't know that even if they could offer an OS-Free PC at a cost, including support costs, lower then the current PCs with Windows. You don't know.

      But what you do know is that YOU want a PC without an OS AND you want to pay less then you would pay for a PC with an OS from Dell or HP. You want an HP product modified specifically for your tastes and you want the government to give it to you (hypothetically speaking... that's your argument... I have no idea if you're in France). You want your will forced on another group of a people, the shareholders of HP, you want them to make a product specifically for your tastes and the tastes of a market that apparently isn't big enough to warrant the costs of being serviced.

      How much money are we talking about here really... $90?

      In your line of thinking... would I be justified in suing HP (assuming I'm French) for bundling Nero Burning Rom and not giving me the choice of not having it and not giving me a discount?

      Maybe HP should offer a PC without an OS, set at the exact same price as the current PC w/ an OS, but bundled with a "special" install disk that preps the PC by formatting the hard disk.

      Anyways, there really isn't any point in trying to convince you. You're set on using a government bludgeon to force others to give you what you want.

    17. Re:Sounds like a business opportunity by Ingolfke · · Score: 1

      Murder is a crime regardless whether a business is involved. Bundling an OS with a PC is not a crime...

      I'm arguing that businesses know their business best and are incented to make the most money for their shareholders. That's what they do and that's what we want them to do because when they compete with each other (which they are in this case) the consumers get the best product for the lowest cost. Consumers know what they want and can bitch at businesses or take their money elsewhere... consumers vote with their wallets. There is competition in this market, PC manufacturers are aggressively pursuing customers, if their was a valid market her that would make a profit it would be served.

      What... OEMs creating illusions about not being able to buy a PC without an OS? What are you talking about? Apparently business that sell PCs without OSes need to do a better job advertising or consumers who REALLY want this OSless PC need to do a little bit more research. Why is it HP's job to educate consumers on all of the possible options out there?

      If you complain to HP and they still don't offer a product you like, then go buy it somewhere else... and if you can't find a PC without an OS for less than HP sells a PC with an OS for... then buy the stupid PC with the OS and format it.

      Minor changes to even "simple" things can drive up support costs. Users don't read... they ignore. I don't know the details of HP's (or Dell's or any other companies support costs) but neither do you and neither does the government. There are a myriad of reasons why HP may not offer a PC with an OS, valid business reasons.

      Toxic waste... what the hell are you talking about? You've gone off the deep end. Please provide facutal examples of how HP is participating in a vast conspiracy telling users that must purchase a PC with an OS in order for it to work?

      Hey, guess what... if you buy a PC without and OS (car without tires) and try to use the PC (drive the car off the lot) it's NOT GOING TO WORK!!! You have to install an OS (install some tires).

    18. Re:Sounds like a business opportunity by jimicus · · Score: 1

      Now you don't know anything about the detailed inner workings of Dell or HP's business model, their support costs, supply chain, etc. and you don't know that even if they could offer an OS-Free PC at a cost, including support costs, lower then the current PCs with Windows. You don't know

      I accept that. But I am certain that the main reason has less to do with support and inventory issues that surround handling more than 1 build and more to do with Microsoft breathing down their neck.

      But what you do know is that YOU want a PC without an OS AND you want to pay less then you would pay for a PC with an OS from Dell or HP. You want an HP product modified specifically for your tastes and you want the government to give it to you

      Rule 1 : The government works for the will of the people. (In a modern democracy, any government which doesn't soon learns the hard way). If society feels that in some circumstances someone big and powerful has to intervene and say "Enough!", that's the government's job. That's what taxes are there for, that's why I vote, that's why I accept that sometimes the government may not do exactly what I want but if that's the will of society, I accept it.

      In a truly free market, I wouldn't need the government to step in, Someone else would have already found a way to offer a PC for a slightly cheaper price without an OS. But as soon as you have a monopolist in the market, it's not truly free.

      How much money are we talking about here really... $90?

      As a percentage of the $350 PC you discuss above, that's almost 25%. Let's give you a 25% pay cut and see how you feel.

      Maybe HP should offer a PC without an OS, set at the exact same price as the current PC w/ an OS, but bundled with a "special" install disk that preps the PC by formatting the hard disk.

      This isn't that far off what I suggested upthread, except that I proposed that there be some mechanism whereby it is possible to know if the customer has taken this option and thus offer them a refund of the license.

      Anyways, there really isn't any point in trying to convince you. You're set on using a government bludgeon to force others to give you what you want.

      I dunno. I thought it was an interesting discussion (and rather more enlightened than most on /,). So we have differing opinions, so what? TWIAVBP.

    19. Re:Sounds like a business opportunity by Ingolfke · · Score: 1

      The PC industry is about as close to a free market as you can get... it's ultra competitive... ULTRA competitive. The profit margins are miniscule.

      My $90 was just a #... it could be $3 for all I know.

      The government does work for the people, but the people need to realize, one that using the government to meddle in systems that work without government intervention is detremental to the people. For example, if mandating that HP sell OS less PCs drives the cost of PC support up and adds an additional $10 per PC in cost to recover that added expense I'm completely and totally against it. You're basically suggsting that the 99.9% of the people that want a PC with an OS on should be punished and pay more for a small tiny segment of the market that doesn't want an OS.

      Your assumption is that MS is to blame... fine... sue MS, not HP.

      The more I think about it the more I like my suggestion... format the hard disk and instad of offering a refund for the license charge them an equivalent amount for expected support costs and the development and manufacturing effort to create the format disk. So the net cost to the consumer is the same.

      We do definitely have differing opinions... and you've been by far one of the most civil people I've debated with on here. Thanks for the debate... I agree to disagree... and will not respond if you'd like the last word :)

      Happy holidays.

    20. Re:Sounds like a business opportunity by 10101001+10101001 · · Score: 1

      Murder is a crime regardless whether a business is involved. Bundling an OS with a PC is not a crime...

      Actually, it seemingly is a crime in this case. Regardless, my point was that the law does have reason to interfere with what a company's "features" are in some circumstances. Your statement was overly broad and hence wasn't very truthful.

      I'm arguing that businesses know their business best and are incented to make the most money for their shareholders. That's what they do and that's what we want them to do because when they compete with each other (which they are in this case) the consumers get the best product for the lowest cost.

      That's only partially right. When businesses focus on competing with each other, the end result can very well be the best product for a specific market with a rather minimal cost. That's not always the case. Microsoft Windows is a great example. The desktop OS market place is a problem. While there is a single purpose that needs to be fit, the various products available are incompatible (Linux, Windows, and Mac OS X). Because of this, it's not possible for these products to directly compete against each other. Further, one company (Microsoft) has managed to effectively make themselves the de facto OS for PCs. Yet, such has actually caused an *increase* in the cost of Windows (not only is the NT line more expensive than the 9x line, but OEMs pay much more for XP (on the order of $70+/copy) than they did for Windows 95 (on the order of $8-$24/copy).

      With software and much other technology, such a situation greatly voids your claim. Copyright only makes the situation worse. In the end, businesses will provide for what the consumer wants, not what the consumer needs. It's the fact that people are so lacking in information that there's been such extensive lock-in with Windows to make overcoming that lock-in a massive endeavor. Giving consumers a choice is at least one small step in that fight to create that competition you so enjoy.

      Consumers know what they want and can bitch at businesses or take their money elsewhere... consumers vote with their wallets. There is competition in this market, PC manufacturers are aggressively pursuing customers, if their was a valid market her that would make a profit it would be served.

      Again, you keep restating the same thing. Yes, the market already exists. But the market is so small because of a combination of monopolistic practices, which hinders that "competition" you state so much, and a real fact that people are too ill-informed to work against the lock-in that has formed.

      What... OEMs creating illusions about not being able to buy a PC without an OS? What are you talking about? Apparently business that sell PCs without OSes need to do a better job advertising or consumers who REALLY want this OSless PC need to do a little bit more research. Why is it HP's job to educate consumers on all of the possible options out there?

      Yes, OEMs create illusions about not being able to buy a PC without an OS. Again, the major OEMs will refuse to sell a desktop PC without an OS. Further, they are the major advertisers because they're the established brands. Yes, those few companies who offer more choices should advertise more. But it's a chicken and egg problem. Even if you gave people the choice, the vast majority of people would still choose Windows because the burden of switching is great and they'd hope that enough other people would switch to have a net beneficial effect on them. In short, people are in a hole the OEMs helped created by being "helpful" at the expense of being "informative".

      The reason it's HP's job to educate consumers is because in the long term, it's in their own best interest. Who is the one who will have to eat the cost if Microsoft jacks up their rates for just them with Windows? HP has made itself dependent on Microsoft to exist

      --
      Eurohacker European paranoia, gun rights, and h
    21. Re:Sounds like a business opportunity by Ingolfke · · Score: 1

      The PC market is fine. The OS market may be an issue, but it's not HP's job to go against what it's customers want (rightly or wrongly) in order to educate the market. If people want big powerful trucks it's not Ford's job to explain to them how big powerful trucks aren't as economical as Honda Civics or the Ford Focus. You give the customer what they want.

      You look at products from a technical standpoint. You argue that a PC without and OS is a functioning product. For you yes, but for 99% of the population it's not. They want a PC to get on the Internet, play games, check their email, do their homework, etc. They want the OS, the expect the OS.

      I think you're blinded by your view of the OS market.

      Why stop with the OS. HP bundles a lot of products in a PC... a PC is really just a conglomeration fo products right? Why shouldn't HP offer all PCs without the video card or network card or motherboards without those components integrated. Should each piece of 3rd party software be offered as an option for the end users and discounts provided if they choose not to use the option. The processor is no required to make the PC function if you have another processor and it's extremely expensive... you shouldn't bundle processors with PCs. You shouldn't bundle memory with PCs. I have a hard disk... I don't need to pay for another one that I will not use.

      If consumer understanding is the problem then you and others who believe consumers actually want PCs without OSes need to work to educate consumers. If Microsoft's practices are the problem then go after Microsoft. Using the government to bludgeon a company in order to further your own particular tiny viewpoint is deteremental to everyone.

      I'm fine with an advertising campaign telling users to ask for PCs without and OS... and to ask why they're paying for it. If the consumers really wanted that HP and Dell and Gateway would probably provide that product (they have business class PCs w/o OSes)... but the fact is that the market right now is not that big. Build the market and the vendors will come.

    22. Re:Sounds like a business opportunity by 10101001+10101001 · · Score: 1

      Ever heard of the story of the ant and the grasshopper? Ever consider that having a market saturated with grasshoppers can have devastating effects on people who can't find work because of the many companies that collapse under their own short-sightedness? I can only guess that you're of the belief that people don't really act like grasshoppers, the consequences of having so many grasshoppers isn't as severe as frequently stated, there aren't nearly enough grasshoppers to make a difference, or that even if all those predictions are true, companies shouldn't be slowed down or stopped because in the end the system will resolve itself without the need for governmental interference, so such is merely a hindrance. I believe that some people do act like grasshoppers; that many grasshoppers can have a severe effect on the populace at large; that ants and grasshoppers aren't informed enough to be able to adequately guess just how many grasshoppers there can be at one time, so the life of the grasshopper is one that's taken by more people than can properly be handled for without some checking counter force; and that the system that people are so intent on worshiping is an idealized model that doesn't exist in the real world, so depending solely on it makes as much sense as depending on God to do everything for you without using what little knowledge you have to be constantly working to prevent the sort of great catastrophes that our imperfect, real-world model might produce. That last part very will might require the intervention of a great many people, possible through the action of force. One can only hope that that will not be done through the actions of a few, as the negative repercussions wouldn't adequate reflect back the negative aspects of their decisions to any sort of proper scale. So, that leaves a democracy (or possibly a representative democracy) to create a government to carry out such actions. Such is a necessary evil because merely relying on things to "work out in the end" is certainly a technically valid approach to life, but it's an approach based on faith and liable to result in the eventual extinction of the human species. I'm rather against the extinction of humans, at least at this point and time.

      --
      Eurohacker European paranoia, gun rights, and h
    23. Re:Sounds like a business opportunity by Ingolfke · · Score: 1

      Cool... justified mob mentality :D

      Happy Holidays. Thanks for the debate. :)

  158. Re:He's an idiot by AddressException · · Score: 1

    Hey Bill, how's that philanthropy working out?

  159. Re:He's an idiot by westlake · · Score: 1, Informative
    No, I think it should be mandated that computers can be purchased OS-free for a price that is less than the price of one with the OS by a difference of the retail price of the OS. I think people should have the choice.

    There are enormous economies of scale that come from bundling the hardware and Windows. Economies in production. Economies in sales and marketing.

    That is precisely why OEM Linux has disappeared from Walmart.com.

    The OEM Windows PC is still cheaper even after you pay the "Microsoft Tax." The most ridiculous of all Slashdot fancies and obsessions.

    The cheapest Windows system I've seen advertised this holiday season was in-store special on an e-Machine. $200 USD after rebates including the upgrade to Vista.

    You can get PC hardware at near-commodity prices for your Linux box for one reason only: because OEM Windows is genuinely mass-market, with an installed base in the tens and hundreds of millions.

  160. Everyone has a choice. by Anonymous Coward · · Score: 0
    The FIRST thing I do with any computer that I don't make from raw components, is to REFORMAT the disk drive.

    More often than not, I end up putting Windows on it again, but it is much better my way - without all stupid software that comes with the system (and I don't mean Windows itself.)

    I'll bet slashdot stats still show Windows IE the leading browser, even here...

    1. Re:Everyone has a choice. by zxsqkty · · Score: 1

      Whether you put Windows back on or not, it's still a sale of yet another OS license for MS. If you format and reinstall from a previously purchased retail installation cd, that's 2 sales for MS - one for the cd you already had and one for the pc you just bought.

      The thing is, Windows licenses are viral. When your pc dies and you buy a replacement you automatically get another Windows license (because it's generally bundled with your new pc), even though your old license is still valid. You just bought something you didn't need, and MS gets another statistic to crow about.

      So you build a new pc from parts and are looking for an OS to stick on it. What do you choose? Well, you've already got a spare Windows license... might as well use it. This helps explain your 3rd paragraph ;)

      --
      Caution: May contain nuts.
  161. Re:He's an idiot by Huggs · · Score: 2, Insightful

    My point is that a majority percentage of the world is hooked on Windows, and most of that percentage would prefer their computer to not be expensive. If HP's cost per computer goes up because they decide they want to market Linux to the home user, and Dell decides not to, the majority of people looking for a cheaper computer will go to Dell, because Dell is cheaper. More money per Linux box might be made, but would the overall profit of Linux boxes outweight the amount of sales lost? Probably not because most home users don't give a flying fig about Linux. (That is in NO way a personal stance. It's merely a stereotypical response of the average non-savy computer user.)

  162. Re:He's an idiot by sundru · · Score: 2, Insightful

    "You might not care for HP's choice of OS, but a PC needs an OS or it just doesn't work. You're free to buy your PC from someone OTHER than HP, and the law should not force HP to sell you what they don't want "

    See the interesting thing is they dont advertise the issues with a "XP image installation"

    1. You cannot partition HDD to your desire, only 1 partition allowed anything above that they dont support.
    2. They install bloatware (AOL,Music match, other junk) everytime you reinstall forcibly.
    3. Cannot install a retail copy of WIn XP Pro on the laptop , which i believe is a illegal restriction.

    I recently purchase a HP DV2000t laptop , I agree absolutely with the suit the french man has charged. If you have a retail copy
    of WIn XP it still doesnt work wid the laptop(SATA Driver problems , even loading the SATA driver from floppy leads to a crash) unless its the XP image provided by HP itself. and when you restore image
    all the bloat ware including comes back .

    Spent 2 days arguiing with HP support to send me a regular XP OS install CD instead of disc images. They abosultely refused .
    Finally i ended up bastardizing the image so much that i doubt if i'd be able to resintall .

    Good news is SuSE 10.1 works including webcam and eveything . so will probably ditch win Xp on it alltogether

  163. Silly Microsoft... by KrackHouse · · Score: 1

    Microsoft sells boxed copies of Windows, which is totally pointless, because all PCs come with an OS according to HP, otherwise PC vendors would be selling a broken product.

    --
    What if Digg added local news and a Slashdot inspired comment karma system? ---
    http://houndwire.com
  164. Toaster? by Odin_Tiger · · Score: 1

    I don't get an electrical service contract bundled when I buy a toaster, so why do I get an OS bundled when I buy a computer?

    --
    Unpleasantries.
  165. Re:He's an idiot by darkonc · · Score: 1
    Yeah... I can boot Knoppix on it --- or Ubuntu live, or a host of other Live CDs (including, I believe, Windows). I can also load a dedicated program that runs my security system (or whatever).

    Selling a computer without Windows wouldn't make it useless, it would, however, make it cheaper.

    also: to have a computer that works, you also have to sell it with an OS that works ... and that immediately disqualifies Windows
    /ducks

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  166. Re:He's an idiot by Dachannien · · Score: 2, Insightful

    Then when you buy the machine OS-less, they should warn you that unless you know what you're doing, your new machine won't do the stuff that you want. But they should also provide the option to sell you the same machine without an OS and without all that crappy bundled software and discount the cost of that software from the purchase price of the machine, in case you would rather put Linux on it, for instance.

  167. Re:Also, A DVD player without DVD is not a product by vidarh · · Score: 1

    That argument doesn't work. If a company sells TV/DVD combo's where the TV and DVD are separate and refuse to offer them unbundled on request, they are breaking the law. If anyone do that, and don't get prosecuted, then that's because it doesn't really affect anyone much unless that company provides much cheaper options than anyone else, or is the exclusive outlet for some brand. In other word, consumer choice isn't affected. It is in this case, as you have no real way of getting HP products without the OS at a price comparable to the price of the system less the cost of purchasing Windows, so it does affect consumer choice.

  168. Re:He's an idiot by DVega · · Score: 1
    So, you can do something with a computer with NO OS on it?

    Interesting. I had no idea that staring at "O/S Not Found" was that interesting. Do tell me more.

    What do you mean? I love to use the BIOS Setup screen. Nothing is more exciting than configuring the Hard Disk (LBA, Automatic, or Manual?), setting the date/time and selecting DRAM Wait States.

    --
    MOD THE CHILD UP!
  169. Paper or Plastic by codepunk · · Score: 1

    Hell even the grocery store I go to gives me a choice between paper and plastic...

    So yes why not they should be forced by law to make a choice available.

    --


    Got Code?
  170. Venting and ranting about HPaq "rescue" disks by Anonymous Coward · · Score: 0
    ..your product is a "consumer" one, so it's sold with a bundle license. This means that your product is guaranteed and supported if and only if it matches the original hardware and software configuration. The system also provides a way to create a set of rescue disks, including the os and the drivers and the applications, meant to be used for restoring the system in case of partition erasing.


    They aren't kidding! I upgraded the RAM beyond the original configuration--a procedure described in the user manual--then the rescue disks they had me make did not work! If you change the hard drive to make a practice run before working on a disk with data you want to save, the rescue disks will not work! It took three service calls over more than a week to get the problem fixed (it should have taken none!). The first went to the level-one support center. They suggested nothing I hadn't already tried. The second call got me to the next rung of support, with somebody who at least listened to me instead of reading from a script copied from the recovery disk screens (hint, call during US working hours--not in the evening). He sent a new set of pre-recorded rescue disks, assuming mine were defective, incomplete, etc. They didn't work any better than the ones I made. On the the third call, I apparently tripped the PO'd customer detector and got to talk to somebody who knew what the problem was, and was willing to admit it. She told me to remove the extra memory and use only the original drive. In went the very same rescue disks. After running the "safe recovery (will not erase your data)" yet again, the system was back. But all stuff in non-original folders--GONE! OVERWRITTEN! NO WARNING! NO LAST CHANCE TO MAKE A BACKUP!


    At least be honest enough to tell me the real problem the first time (as in the first screen displayed when "(un)Safe Recovery" runs). At least have the service desk people tell you that first, because nothing else will help until the system is factory stock. And those system recovery points I was so careful to make with every major change: they weren't much help either, after they all DISAPPEARED!


    Oh, how to start it down this path? All I wanted to do was get the damn sound card running again. It seems that it quits working if you disable the factory-installed spyware (Compaq Connection). If it weren't for other family members using this system, the recovery disk would have had Suse on the label! Which leads us more or less back on topic...

  171. MOD PARENT INFORMATIVE by Anonymous Coward · · Score: 0

    The Minnesota case is rarely discussed. Links, anyone?

  172. Re:He's an idiot by Dachannien · · Score: 1

    Put a SCSI controller in there, and it's twice the fun!

  173. Re:He's an idiot by jlarocco · · Score: 1
    Because it costs them more money to support multiple OSes or indeed no OS at all? Think of all those fun tech help calls for people who chose the no OS option and then can't get drivers for some piece of hardware.

    No it doesn't. OEMs like HP and Dell just tell you to call Microsoft for OS issues anyway. Supporting a second OS is as hard as giving out a second 800 number.

    And hardware support is a non-issue if you're manufacturing the PC. Pick hardware that works with both Linux and Windows. Problem solved.

  174. A car without gas is not a product? by codepunk · · Score: 1

    I would say that HP is full of doodoo, how about a gaming console without games is that not a product
    either?

    --


    Got Code?
  175. Re:He's an idiot by darkonc · · Score: 3, Informative
    No. I just think that it shouldn't be Mandated (by Microsoft) that I should only be able to buy machines with MS-Windows from any majour Manufacturer ... which, for me, is the same as having a useless computer, except for the fact that I'm paying a tax to Microsoft for the 'privilege' of deleting XP and installing the OS of my choice.

    This lawsuit isn't just aimed at HP. Once HP is forced to sell their machines with a choice of Windows or not, all it will take is a whisper from my lawyer to get a similarly egalitarian treatment from Dell, Gateway and any of the other Tier 1 and Tier 2 computer manufacturers.

    It's one thing to recommend MS-Windows as the OS of choice. It's something else, entirely, to mandate MS-Windows.

    Do you honestly think it should be mandated that computers must come OS-free?
    I just shouldn't be punished by HP for not wanting to use the OS that they want to hoist on me. That's what tying is, and it's illegal.
    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  176. Re:He's an idiot by Anonymous Coward · · Score: 0

    Following that principle, I hope that HP will bundle a PC with every printer that they sell, since a printer without PC is useless.

    Oh, and what about electricity? paper? ink?

  177. Re:He's an idiot by Alef · · Score: 3, Insightful
    So, you can do something with a computer with NO OS on it?

    Well, one thing I can do with a computer without an OS on it is to install and run an OS on it. The OS is no more integral to the computer than the computer is to the monitor. You could equally well have said "I had no idea that staring at a blank screen with the DVI cord unplugged was that interesting". By your logic, since the monitor is useless by itself, the computer and the monitor clearly can't be separate products.

    Thousands of products are unusable unless combined with another product: a flash light delivered without batteries; a trailer without a car to drag it; a bucket of paint without a brush; a fridge without food in it. The list goes on forever.

  178. Re:He's an idiot by entrylevel · · Score: 1

    The interesting thing is that both you, and the parent you replied to, are 100% correct. Think about it. The parent poster obviously has.

    --
    Karma: Incomprehensible (Mostly affected by posting at +5, reading at -1, and metamoderating everything unfair.)
  179. Re:He's an idiot by PinkPanther · · Score: 1
    but in effect it lowers the cost of your PC
    No, it does not lower the cost of the PC I want to purchase. It lowers the cost of everyone's machine who wants to buy Windows by my paying for a copy of Windows whether I want it or not. MS is not paying them to buy Windows...but they are not charging more for other PC's Windows by forcing me to pay for the OS I don't want.

    In short, I am paying more for my PC so that others don't have to pay more for theirs.

    --
    It's a simple matter of complex programming.
  180. Re:He's an idiot by macdaddy357 · · Score: 1

    If they refuse to sell hardware alone, they could pre-install a free Linux distro that the user can keep or toss without losing anything of value. They don't because they signed an agreement with Microsoft. In the PC industry, the customer is always wrong. The worst part of HP and Compaq systems is that they have spyware pre-installed that phones home as soon as a customer connects to the net. It allegedly keep you updated, but Windows can do that itself. Dell is not much better.

    --
    How ya like dat?
  181. Re:He's an idiot by zxsqkty · · Score: 1

    Hmmm, I just can't get my head round that logic I'm afraid ~:(

    In scenario 1, a PC supplier (HP, Compaq, Dell, whatever) buys all their bits (hdds, mbs, cases, power supplies etc.) from a variety of manufacturers at cost x; buys Windows from MS at cost y; assembles, markets, factors in a profit margin and ships for cost z. The final cost to the punter is the sum of x + y + z.

    In scenario 2, the same thing happens without cost y. The punter price is the sum of x + z.

    How can scenario 1 logically be cheaper for the punter than #2, unless cost y is a negative number?

    --
    Caution: May contain nuts.
  182. Re:He's an idiot by jlarocco · · Score: 4, Insightful
    I'm pretty sure Microsoft offers licensing discounts as long as they're exclusive. Start selling machines with Linux and the discount is lost, and the $800 HP becomes $1000.

    No, I disagree. Every desktop oriented Linux distro in the world would be scrambling for a chance to be OEM installed on consumer PCs. And given the choice between an HP with Windows for $1000 and an identical HP with Linux for $600, I think most consumers would pick Linux every time. Assuming the in store Linux HP machines weren't purposely rigged to look bad, I think most non-gaming consumers would realize that OpenOffice, Firefox, Gaim, and Thunderbird meet all their requirements.

  183. Re:He's an idiot by Xeth · · Score: 1

    It also considerably lowers the value of the computer that's been purchased.

    --
    If your theory is different from practice, then your theory is wrong.
  184. Re:He's an idiot by senatorpjt · · Score: 0

    You can't drive a car without tires, and when you buy a car, you generally don't pick the brand of tires they put on it.

  185. Re:He's an idiot by Anonymous Coward · · Score: 0

    but I think you'd be hard pressed to do anything with it without an OS of some sort.

    Which is why there are other choices for the OS. Like installing Linux over a netboot installer. Or going to the store and buying one, maybe you want the el-cheapo desktop but want to install windows server 2003? Will HPs site let you do that?

  186. Re:He's an idiot by DeadboltX · · Score: 4, Insightful

    "No, I think it should be mandated that computers can be purchased OS-free for a price that is less than the price of one with the OS by a difference of the retail price of the OS. I think people should have the choice."

    That is absolutely ridiculous! HP doesn't pay retail price for every copy of Windows they put on their computers so why should they dock that price?
    Having Windows XP on a new computer probably only raises the price $10-$25 if even that much.

  187. Re:Also, A DVD player without DVD is not a product by 644bd346996 · · Score: 1

    By that logic, any tool would not be a "product." That is absurd, and a bad misinterpretation of the article.

  188. Speaking of sacred rights. by Generic+Player · · Score: 1

    Since when did HP have a sacred right to sell PCs? Corporations are required to follow laws, they have no "sacred right" to ignore laws and do as they please.

  189. MINNESOTA CASE IS STILL OPEN by Anonymous Coward · · Score: 0

    The Minnesota case (State of Minnestota vs. Microsoft Corporation) was brought before the 3rd Federal district court on July 20 and is still in pretrial motions. I wish people would do their research before posting on /.

    Some of the complaints were dismissed, but Microsoft is not clear yet.

    The most important allegations involve the bunding of file compression and the bunding of Intenet Explorer.

    The French should stay out of this.

  190. Re:He's an idiot by Malenfrant · · Score: 3, Interesting

    A large part of the reason why Windows is so popular, is that most companies that sell prebuilt, ready to use PCs come with Windows installed, and don't offer any other choices. This is the situation that the French law was created to attempt to change, as it distorts the OS market in favour of Microsoft. It could well be too late to change this, but if companies like HP continue to offer no other choice, then it will never change. You could argue that it is Microsoft who should be sued for forcing exclusivity with their discounts, but in my opinion, something needs to be done to end this market distortion, and this opinion has nothing to do with any pesonal opinion about Microsoft I might hold, the same thing holds true in other markets. This is exactly what the anti-monopoly laws are designed to prevent.

  191. Sue Apple by DeadboltX · · Score: 1

    Does Apple sell iMacs with the option of no OS?
    Why do people flip out when a PC manufacturer does something but no one brings up Apple even though they may have been doing the same thing for a longer time?

  192. Re:He's an idiot by azureice · · Score: 1

    Except there wouldn't be a discount. Remove all the bundled software and you'll end up paying more for your system. Know why Dell can offer decent $400 PC's and still make a profit? All those software companies pay Dell to have their software on the computer when you get it. It's a significant advantage for a company to have their software on PC's pre-installed because customers are more likely to use it and therefore spend the money on upgrades, subscriptions, etc. Computer manufacturers like Dell and HP can sell the hardware cheaper to consumers and make back the money from the software companies. So if they are forced to sell boxes with no operating system, you'll probably end up paying more.

  193. The reliability of an appliance? Not Windows by tepples · · Score: 1

    You market a PC as a consumer product you must ship it with an OEM system install.

    There are numerous people on this and other boards who would claim that a Microsoft Windows operating system is unsuitable for use in a consumer product. You market a PC as a consumer product you must ship it with a reliable OEM system install.

    The PC as a plug and play appliance has been the gold standard for users for over twenty-five years.

    If an OEM wants the reliability of an "appliance" for web and home document processing, that's probably easier to achieve with Linux, X, GNOME or KDE, OpenOffice.org, Mozilla Firefox, Mozilla Thunderbird, and CUPS drivers for every current DeskJet and LaserJet printer, than with any all-Microsoft stack.

    1. Re:The reliability of an appliance? Not Windows by westlake · · Score: 1
      There are numerous people on this and other boards who would claim that a Microsoft Windows operating system is unsuitable for use in a consumer product.

      Windows is overwhelmingly the OS of choice of the middle class.

      The direct seller or big box retailer doesn't give a damn what the Geek thinks is a viable consumer product. He only knows what people are buying and it sure as hell ain't OEM Linux.

      Not in the numbers which matter.

    2. Re:The reliability of an appliance? Not Windows by Hooya · · Score: 1

      Windows is overwhelmingly the OS of choice of the middle class.

      really? the middle class had a choice? or are you mixing the cause for the effect and vice versa.
    3. Re:The reliability of an appliance? Not Windows by mehtars · · Score: 1

      Well yeah, there are dozens of PCs out there that have linux preinstalled. But most people will still choose the windows system because thats what they are used to.

  194. Re:He's an idiot by ozmanjusri · · Score: 2, Interesting
    So, you can do something with a computer with NO OS on it?

    You can chuck a Knoppix dvd in the drive and be productive within minutes.

    --
    "I've got more toys than Teruhisa Kitahara."
  195. A better analogy by williamstome · · Score: 0

    people are comparing his statement to things like printers and consoles, saying that those things are products even if you dont get paper or games with them A better analogy would be comparing it to buying a house that doesn't have running water or electricity. It's still a house, sure, but you can't do much with it! Would you rather buy a house whcih comes with running water and electricity pre-installed, or one without, and pay to have the pipes and circuits put in in a "superior" arangement?

  196. Re:He's an idiot by Anonymous Coward · · Score: 0

    Hey.
    The thing is that I do want hardware waranties from HP, but I don't want to pay Microsoft for a product I don't use. So what is the trouble to put in a disc into the system WITHOUT any OS on it. I can customize my order of computer system from HP in many other ways, hardware AND software. Just add a HD without preloaded OS. How hard can it be?

    Then IF I for some strange reason would want to have MS Windows on it, that would be ok. But then I prob. would need to buy it for more money. And that is ok. But I shouldn't have to pay Microsoft tax on the computer.

    Anyway, HP say they support Linux on there hardware. So they sould give there customers the option to at least select OS when ordering, as they do with different versions of MS Windows XP Personal when you order the computer. Should not be hard to add a new option.

    (They are not that good at this. My HP Pavilion zd8000 has bad BIOS with no support for controlling CPU freq, which the CPU can do)

  197. Re:He's an idiot by tepples · · Score: 1, Redundant

    So, you can do something with a computer with NO OS on it?

    You mean like put in a *noppix or *buntu or Gentoo CD?

  198. Too many idiots by Anonymous Coward · · Score: 0

    Its only O/S not found if i don't have a boot disc. These are plentiful, varietal, and mostly not from Redmond.

  199. Re:Refund? - the crux of the matter by totally+bogus+dude · · Score: 1

    This is the crux of the matter. The question is: if you buy a computer from HP which has Windows pre-installed (and included in the price) and you don't want to use Windows on it, can you get a refund for it?

    I haven't seen an authoritative answer to this question and it doesn't seem to be mentioned in TFA, but it's the most important one. The Windows EULA you need to agree before you can use it says if you don't agree to it, you can return it to the manufacturer (HP) for a refund.

    If HP honour that, that's fine. You can return the unused OS and get your money back.

    If HP doesn't honour it, then they're violating their own license agreement (by bundling Windows, its EULA becomes part of HP's licensing terms). And for that, they need to be sued into oblivion.

  200. Re:He's an idiot by sootman · · Score: 1

    > So, you can do something with a computer with NO OS on it?

    Yes. I can bring it home, pop in my Ubuntu CD, and it'll do exactly what I want. Who says a computer has to do what someone else wants to be considered functional?

    > Interesting. I had no idea that staring at "O/S Not Found" was that interesting. Do tell me more.

    How do you stare at it--does HP include a monitor with every single computer they sell? No? OH NOES! They're selling non-working computers!

    --
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  201. Choose your CPU, your GPU, your monitor, your OS by tepples · · Score: 1

    copy a bootloader to some form of media, boot that computer off of it, and install your own OS ... which I consider "working" And which laymen consider "not working", or at best "working too hard".

    Game consoles don't "work" without a CD inserted.

    Do you honestly think it should be mandated that computers must come OS-free?

    I believe that major international computer builders shouldn't make an exclusive contract with the maker of one OS in one country, especially one that has been convicted in multiple countries of unlawfully exploiting a monopoly.

    You are free to go buy a computer without an OS, or buy the parts and assemble them yourself, etc. Should companies not be free to sell OSes pre-installed on computers? Should people not be free to buy them?

    From which widely recognized national brand am I free to buy home boxes that come with a pre-installed GNU/Linux operating system?

  202. Re:He's an idiot by Anonymous Coward · · Score: 2, Insightful

    x=hardware + labor + margin
    y=oem windows license
    z="ad revenue" for including 60-day trial versions of Norton Antivirus, weatherbug or whatever
    T= price to customer, could be x+y-z if HP feels generous.

    If z>y, z depends on the existence of y, and you feel no ideological pain when getting a PC which you have to nuke windows off the disk before using, then it is in your interest that y is present.

  203. Re:He's an idiot by angulion · · Score: 1

    It is more like that you have to pay a fee which allows you to drive free of charge on the I-roads in USA but you happend to live in France and have no intention of taking the car overseas (but still have to pay).

  204. Re:He's an idiot by trianglman · · Score: 3, Interesting

    However, if this lawsuit does go through and HP loses (here's hoping) then every computer manufacturer that hopes to do business in France will have to care. This will mean either MS lessens its bulk licensing requirements, or everyone will face an increased PC cost. Either way its a win and a good precedent.

    Also, if this winds up going before the whole EU, which I wouldn't be surprised, I can't see them ruling for HP and MS based on previous antitrust rulings.

    --
    Clones are people two.
  205. So many idiots, not sure which to reply to by Anonymous Coward · · Score: 0

    "Nothing anywhere says a PC needs an OS to work. Granted, you cant do much with it, but guess what you can do? INSTALL AN OS, any OS that is compatable with the hardware (of which there are tons, granted some more then others)"

    Obviously all you "intelligent" geeks don't see how you contradict yourself. You NEED an OS for a computer to work. Period! HOW it get's on the computer isn't the issue at hand. Now HP's argument is correct. It's not a product MOST OF THEIR CUSTOMERS WANT (read NOT SLASHDOTTERS).

  206. Some people who want to turn monitors into TVs by tepples · · Score: 1

    You could equally well have said "I had no idea that staring at a blank screen with the DVI cord unplugged was that interesting".By your logic, since the monitor is useless by itself, the computer and the monitor clearly can't be separate products.

    Some people actually use exactly that line of logic, claiming that monitors should have built-in ATSC or DVB-T receivers, depending on the shipping destination. Then you at least get some sort of OTA picture, even if the monitor is unplugged from a computer.

  207. Re:He's an idiot by trianglman · · Score: 2, Informative

    Last I checked there weren't any free tires on the market...

    Also, tires are all comparably priced, ranging, for the standard ones they put on the car, between $30 and $50 per tire when you are buying 4; which adds at most $200 to a purchase that will run you about $10,000, thus +2%. An OS however ranges from $0 to $150+ (not OEM price, not actually sure what that is exactly) for a $400-$1000 purchase; Windows only options add a little less than 40% to 15%. Big difference in analogy IMO.

    --
    Clones are people two.
  208. illegal bundling by Anonymous Coward · · Score: 0

    If I remember correctly there was a court decision against illegal bundling of software with hardware, specifically in regards to denial of sale of a computer system without operating system and denying refunds of that part of the retail price that reflect the price of the operating system. With respect to such vendors as HP we need to make sure that they obey the law, meaning that they properly issue so-called windows refunds and not turn people down who do not wish to pay for this particular operating system.

  209. Re:He's an idiot by Hal_Porter · · Score: 2, Interesting

    A lot of the time, that's more expensive. E.g. WinModems were cheaper than hardware modems because the signal processing was done by Windows. But the specs were closed so it was hard to support them on Linux.

    But if you're a PC manufacturer, it's not worth jeopardising your sales to people who want Windows by using a hardware modem rather than a software one, since that adds to the build cost. Microsoft being Microsoft, they will always try to create this sort of situation, where the PC manufacturers can save a few bucks at the cost of being able to run alternative OSs. And given that the vast majority of PCs run Windows, it will continue to work.

    But it's always been possible to get a PC with no OS if you build it yourself. In fact, I've never bought a pre built desktop, since they tend to use cheaper chipsets and graphics cards than I want to use.

    Laptops are harder of course, but there are whitebox laptops too, they're just harder to find, e.g.

    http://www.legitreviews.com/article/56/1/

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  210. Re:He's an idiot by snarkth · · Score: 1

    So, you can do something with a computer with NO OS on it?

      Yeah, I can boot a livecd that'll give me the option of trying out the operating system choices, and install them if I feel like it.

      Oh, wait, Microsoft doesn't give you that option. More bad, they - they should at least really try to keep up with the real innovations happening in the OS world...

      snarkth

  211. better analogy (was Re:Bad analogy) by Lawrence_Bird · · Score: 2, Interesting

    better analogy:

    it is not required that you buy a dvd of a movie when buying a new dvd player.  Certainly
    the new dvd player is useless and performs no function until such a time as you load a
    dvd of some content.   One can view the pc in a similar manner - it plays content, be
    that the windows os, linux, bsd or your own home grown asm os. 

  212. You are being stupid by cdrguru · · Score: 1

    A computer without an OS is unusable for its intended purpose by 99% of the population.
    If you are incapable of installing an OS on a "naked" PC, you would find a computer without software pre-installed as unusable as a cellphone without an OS.

    Face it, 99% of the population is using a computer as an appliance to run a small number of applications. Very small number.

  213. Re:He's an idiot by Usagi_yo · · Score: 1
    It's odd because it's not true. You only experience one side of the equation. The other side of the equation is I cannot buy a copy of the OS without paying a premium for it. Due to the MS inducements for PC manufacturers to only include MS OS on their PC sales.

    And it's certainly not cheaper for people who don't want that OS. Consider this, I want to buy an HP sans MS OS, but I either have to pay for an OS license because according to HP and expecially MS, the computer is not a complete product with MS OS. OR jump through hoops and hurdles at buying it without OS without any significan cost reduction because the price is already built in.

    But in reality I can put several different OS's on the computer. Solaris, Linux and soon to be whatever apple produces in the future. Most of the people who purchase computers don't get to experience the "other" OS simply because they have to pay for MS and have to get MS on their brand name computers.

  214. So long, Carly. by jesdynf · · Score: 1

    This guy says that HP makes products that work. How far they've come since they bounced you out on your ass.

    --
    Yahoo! Pipes are awesome. How awesome? http://pipes.yahoo.com/jesdynf/slashdot
  215. Re:He's an idiot by p0tat03 · · Score: 1

    Because there's a cost associated with offering different peripherals, both in terms of increased complexity on the production line and also future support. The number of people buying, say, Ubuntu installed on HP desktops is too small to justify the additional support and manufacturing commitment; whereas, say, enough people choose between the NVidia ATI cards.

    There isn't *always* an evil nefarious conspiracy out to get you, y'know.

    Additionally, go to an OEM like Dell and look at their choices. You will notice that, for each performance and product level, there is usually only one choice. You don't see an ATI X1900 being offered alongside the GeForce 7900 - there is no reason to complicate your operations by offering two competing products that are arguably in the exact same performance category.

  216. Re:He's an idiot by trianglman · · Score: 1

    The PC as a plug and play appliance has been the gold standard for users for over twenty-five years.

    The problem with the current state of computer security and spam can be summed up with the fact that this one very, horribly false statement is believed by the majority of people. No Windows system since the advent of common internet connections has ever been save as plug and play. I believe the average time for a computer that is just plugged in and connected to the internet to become a spam bot is down to four minutes, faster than you can download the patches from Windows Update (especially with all the extra DRM junk you have to go through now).

    Read this article and if you still feel that computers are a plug and play appliance in more than image sell me some of the drug that you are using.

    --
    Clones are people two.
  217. Tank != 3-year supply by tepples · · Score: 3, Interesting

    But when you buy a new car, do you not also expect it to come with a tank of gas?

    BIOS is a tank of gas. Windows is a 3-year gas card to one brand of gas station.

    1. Re:Tank != 3-year supply by Alsee · · Score: 1

      Windows is a 3-year gas card to one brand of gas station

      You forgot to mention the built-in lighter.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  218. It's always the same story... by Dr.+Spork · · Score: 1

    Yet again, the French must swoop in and save civilization. They must be getting tired of it by now!

  219. Re:He's an idiot by Hal_Porter · · Score: 1

    Maybe Dell install loads of demos, spyware and crap because the crap vendors pay them to do it?

    Then after 6 months, the user sees a load of pop ups telling them that the demos have expired and they need to register, so the crap vendors probably make some money. I don't know, but it seems like if you can get your "Internet Safety Suite" time limited demo pre installed on every Dell, you can rely on a fairly high percentage of non technical users entering their credit card numbers when the time limit expires. In fact, it would seem a good business idea to pay Dell a few bucks to do it. Much better than selling it in a store, where non technical users probaby never visit.

    And given the amount of crap on a Dell, and the fact that they haggle hard with Microsoft and all these companies, maybe they actually end up with y being negative.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  220. Walking the user through starting a live CD by tepples · · Score: 2, Insightful

    but when Joe Sixpack (or, in this case, Pierre 2 Litres) turns on his new PC and it says:

    Reboot and Select proper Boot Device (Réinitialisation et dispositif approprié choisi d'initialisation )

    Don't you think he might call HP and say "My PC doesn't work!" ???

    People don't call Sony when their PlayStation game console says "Please insert a game". Here's what the HP tier-1 phone tech support person would say:

    Press the button on your computer's DVD drive to open the tray. Find the CD labeled "Linux Operating System", L-I-N-U-X, that came in your computer's resource pack, and place it in the tray. Press the button again to close the tray. Now press the power button to start the CD. Then just do what the screen says.

    1. Re:Walking the user through starting a live CD by jawtheshark · · Score: 1

      I don't understand what all the fuss is about. It used to be that way in the first place. I remember when I bought my second laptop, a Toshiba 210CT, it came with two sets of "operating systems": one with DOS 6.22 / Win 3.11 and one with Windows 95. I could choose one, but not both. The machine was "empty" when I got it. Sure, those were two Microsoft OSes, but that's not the point. One would be wiped upon the first installation. (Of course, I booted with a diskette, and recovered both OSes *grin*)

      Years later, I bought my third laptop, an Apple iBook G3 600MHz. Same thing: it was empty and came with a little booklet, telling me that I had to install the OS. Again, I had the choice between Mac OS 9 and Mac OS X 10.1. I still had to install my OS.

      Besides, some manufacturers still do it. When my brother bought his new Acer PC, it came technically "preinstalled", but it frankly wasn't because when I turned it on, it booted into something else: an application that let me choose which language of Windows XP that I wanted. French, Dutch or English. When selecting the language it went through the full Windows XP installation and after that I had to install the drivers. Not even the NVidia driver was preinstalled.

      Apparently, customers can cope with installing a few CDs....

      --
      Ahhh...the great dumpster continuum. Many a free computer will be found there. -- sowth (748135)
    2. Re:Walking the user through starting a live CD by mikek3332002 · · Score: 1

      Yes but Joe Sixpack suffers from a common disease when he sits infront of a computer, the dreaded Luv Vacancies Brain Syndrome. Yet he doesn't suffer it from anything else.

  221. Re:He's an idiot by Anonymous Coward · · Score: 0

    People purchase computers from a retail store so they can go home, plug it in, and use it. There are viable means to purchase bare bones systems or parts to build a PC and install an OS of choice but those require more time and thought than many care to put into their computer. Like it or not that is their choice.

    How many of you purchased unfinished desks or chairs for your computer. You probably found one the color and style you liked and took it home. Some assembly may have been required but certainly not to the degree of buying the materials and building from scratch. You didn't feel the need to learn how to build furniture to use it. It was on this mentality that M$ built their empire. If you preconfigure computers with linux would the end user be able to get the full functionality they desire? And which flavor of linux gets the nod as official?

    The only reason I can agree most people want an M$ OS on their computer is for gaming. Which brings in another interesting point. Those games require M$. Does that open game manufacturers to the same lawsuit?

  222. Then which brand? by tepples · · Score: 1

    No one here is being forced to buy Windows with their machine, as they are not being forced to buy from HP.

    Dell and Gateway include Windows on all their home PCs too. Which major computer maker offers a line of home PCs that run *BSD or *Linux?

    1. Re:Then which brand? by 75th+Trombone · · Score: 1

      None. Which people that want to run Linux on a home computer also want to buy their computer from a major computer maker? Also none.

      I exaggerate, but the fact is that you're advocating government intervention to make a company create a product very few people would buy. Would you want the government to intervene on YOUR company to make YOU create and support a product very few people would buy? If not, why are you advocating it in this instance?

      --
      The United States of America: We do what we must because we can.
    2. Re:Then which brand? by skahshah · · Score: 2, Interesting

      There wouldn't be any need for a government intervention if there wasn't so much arm-twisting from Microsoft, and from the OEMs. And it's not a question of creating a market for "very few people". Some people, very few if you want, don't need Windows on their computers, for example someone who already has a Windows licence for another computer that doesn't work anymore, a licence the EULA, mind you, allows them to transfer to another machine. How is it that it is impossible to buy another computer without Windows ? How is it that, when some guy succeeed in having a refund on a computer (something said to be possible, and the way to go) because he doesn't want Windows, it makes the titles everywhere on the planet ? If there are few people who wants a computer without OS, why not just sell them one, with a little rebate (just change the HD in a "normal" computer). The choice is between making all your clients happy by offering very few of them a rebate on a computer without OS, and making only most of your clients happy, and be sued by some of them (very few). Don't tell me they are afraid of losing too much money if they do it : if they lose too much money, then there is a market. And answering to other comments here, that French guy (who incidentally isn't France, a useful precision as some of you just jump from "one French guy" to "France") could easily win his case : all he has to prove is that the computer can work with another system, or just with another copy of Windows (that you may transfer from one computer to another).

  223. Re:He's an idiot by xra · · Score: 1

    Yes, but I can chose not to accept the brand of tires that come with the car and switch to another brand without having to pay for the first set (yes I did that).

  224. Re:He's an idiot by 1u3hr · · Score: 1
    He is an idiot. A PC will probably need an OS eventually,

    What he's saying may be idiotic, but he's not an idiot, he's a lawyer making a case for his employer. Do you think Jimmy Cochran believed that OJ was innocent?

  225. Re:He's an idiot by miro+f · · Score: 1

    actually you'll find that the car you buy will be bundled with fuel from the dealer.

    We have to take this matter to court! Force car dealers to sell you cars with no fuel! You can go and bring your own fuel if you want to actually drive your car.

    --
    being vague is almost as cool as doing that other thing...
  226. Re:He's an idiot by 1u3hr · · Score: 1
    You can't drive a car without tires, and when you buy a car, you generally don't pick the brand of tires they put on it.

    Bad analogy, like most car analogies. You actually have to drive the car out of the dealer's. So it needs to be ready to go. But regardless, I'm sure most car dealers would be happy to put your choice of tyres on if you asked before handing over your money. And there isn't one tyre company that produces 95% of all tyres.

  227. Slashdot's an idiot by Anonymous Coward · · Score: 0

    There's something to keep in mind in this whole discussion. The action against HP is not being done with the slashdot crowd in mind. All this talk of "what would I do with an OS-free computer?" is rather irrelevent, because both parties are thinking about the average Joe and Jane "French" Consumer. For that group HP's argument is quite valid, and the French Consumer Group's actions would not benefit them regardless of this forums personal feelings towards MS.

  228. Complicated things like Windows itself by tepples · · Score: 1

    Is it so obvious to the users who have bought PCs as plug and play appliances for the last twenty-five years?

    If it's to be used as an appliance for basic web browsing, e-mail, word processing, photo management, and media presentation, then wouldn't Linux be a better choice because everything not necessary for those tasks can be stripped the heck out?

    1. Re:Complicated things like Windows itself by westlake · · Score: 1
      If it's to be used as an appliance for basic web browsing, e-mail, word processing

      The PC in the home has become more than the web, more than e-mail, more than games. The Geek understands nothing of this market.

      wouldn't Linux be a better choice because everything not necessary for those tasks can be stripped the heck out?

      Hell, no. This is simply the web appliance fallacy revisited. Your one-way ticket to liquidation.

      The non-technical user does not want anything stripped away. He does not want to look under the hood. Ever. He wants a general-purpose machine that will adapt to his changing needs and interests without complaint. That he why he buys a system grotesquely overpowered for what the Geek thinks he needs.

  229. Re:He's an idiot by E++99 · · Score: 1
    No. The difference is that an operating system runs on the computer. It isn't a necessary part. You could netboot the computer, or boot it off of a CD. Both are perfectly legitimate reasons for wanting to be able to buy a computer OS-free.

    So???? Just because there is a concievable reason why a customer might want a computer without an OS doesn't make it sane for there to be a law requiring ALL manufacturers to ONLY sell them that way!
  230. BIOS vs. Windows by tepples · · Score: 1

    Using your analogy, if a car is like a computer and gasoline is like the OS, then, in France, it would be illegal to buy a car WITH gasoline. Everybody would be required to bring along a jerrycan when purchasing a car.

    I answered that objection.

  231. Which other manufacturer? by tepples · · Score: 1

    Or they could buy from another PC manufacturer, one that does allow you to purchase a PC without Windows.

    Which major PC manufacturer advertises home PCs that run Linux?

    1. Re:Which other manufacturer? by despisethesun · · Score: 1

      Again, they don't advertise so they don't exist? That's news to me. I guess I'll have to buy another computer, because this no-preinstalled-OS computer I'm using is just a figment of my imagination.

      --
      This poo is cold.
  232. Re:He's an idiot by gameforge · · Score: 1

    Sort of. May I offer a different analogy in the form of a very long-winded rant?

    I bought a coffee maker one time that came without coffee... I had to buy my own coffee. Then it worked great. But eventually, I got tired of that coffee, so I bought more. Then I didn't drink coffee for a while, and the coffee I had purchased most recently went stale. Again, I had to buy more. Then it worked great again.

    I built a computer one time that came with no OS... I had to buy my own OS. Then it worked great. But eventually, I got tired of that OS, so I downloaded another one. Then I didn't use it for a while, and the OS I had installed most recently went stale - it didn't run the software I needed. Again, I had to get another one. Then it worked great again.

    Two points: first of all, my coffee maker worked great, even though it came without coffee. Likewise, my computer worked great, even though it came without an OS.

    Second of all, if I made a coffee maker which was sold exclusively with Folgers coffees, particularly one with Folgers stickers all over it, it would be illegal to sell in France. Likewise, if I made a computer which was sold exclusively with Microsoft OS', particularly one with Microsoft stickers all over it, it would be illegal to sell in France.

    Folgers may offer me a huge discount on coffee as long as it's an exclusive thing; but that's my problem, not France's or their citizens'.

    Microsoft may offer HP a huge discount on operating systems as long as it's an exclusive thing; but that's HP's problem, not France's or their citizens'.

    A coffee-maker works without coffee - when you put a filter, water and ground coffee beans in it, it makes coffee. Of course you can't make coffee out of thin air... but that's not the coffee maker's fault. It's job and function, specifically, is to make coffee.

    Similarly, a personal computer works without an OS - when you put an OS and software in it, it computes (personally!). Of course you can't compute (personally) without software... but that's not the personal computer's fault. It's job and function, specifically, is to compute.

    A personal computer without software "works" without bundling things to compute as well as a coffee maker "works" without bundling coffee, or a toaster "works" without bundling bread to toast, or a lawn mower "works" without bundling a lawn to mow, or a car "works" without bundling someplace to drive it to.

    In HP's legal logic, their computer doesn't work unless it provides a competent solution to every software problem out there; my computer doesn't ACTUALLY work for me without a 3D modeler and an audio studio package... does it come with that? It wouldn't work for Wall Street unless it came with stock trading software... does it come with that? It wouldn't work for my father unless it came with the Bureau of Land Management's database software... does it come with that?

    Oh, I hear you. You need some OS to facilitate that software, I see. Well... I use some Linux specific software - my computer doesn't work for me unless it has that software... but if all it included was Windows, it STILL wouldn't work, so saying that Windows is a necessary component for all software to run doesn't really work either.

    Parts inside the computer make it do its job. Maybe HP only uses Hitachi hard drives - but not only does it not work without a hard drive (Knoppix aside), the end user can't tell the difference either way until they get niche specific, beyond that which is a personal computer (must read this many bytes per second, etc.).

    Likewise, maybe Sunbeam only uses GE heating elements in them - but it doesn't work without a heating element (blowtorch aside), and the end user can't tell the difference either way until they get niche specific, beyond that which is simply a coffee-maker (must heat up to temperature in a particular time, etc.)

    There are different flavors of coffee because the end user can absolutely tell the difference. The same applies

  233. HP != monopolist; Microsoft == monopolist by tepples · · Score: 1

    HP will be forced to sell their computers a certain way, even when they're not a monopoly

    Even when HP had been selling its computers tied to products produced by a monopolist that has been convicted in multiple countries?

  234. Hmm... by Neutari · · Score: 1

    "For its part, we contend that it is not in violation of the law because the PC is integral to the OS. 'The OS without a PC is not a product because it doesn't work,' said (whatever), legal affairs director for (whatever) 'We believe the market is for products that work...

  235. Re:He's an idiot by 1u3hr · · Score: 1
    Do you honestly think it should be mandated that computers must come OS-free?

    No one said that. But they should be able to be purchased that way if you want, and at a lesser cost because no matter what bullshit spin about it being cheaper to buy a PC with Windows than without, it's the consumers who have made Bill Gates the richest man in the world. He didn't get that way by subsidising everyone's PC. So whatever discount is offered up front is more than covered by a hidden, larger, cost going to MS.

  236. Re:He's an idiot by jlarocco · · Score: 1
    A lot of the time, that's more expensive. E.g. WinModems were cheaper than hardware modems because the signal processing was done by Windows. But the specs were closed so it was hard to support them on Linux.

    I disagree. With the exception of a few very low end printers (not HP), very little hardware is tied exclusively to Windows like WinModems were. Manufactures often only release drivers for Windows, but there usually isn't core functionality missing from the hardware anymore.

    But if you're a PC manufacturer, it's not worth jeopardising your sales to people who want Windows by using a hardware modem rather than a software one, since that adds to the build cost. Microsoft being Microsoft, they will always try to create this sort of situation, where the PC manufacturers can save a few bucks at the cost of being able to run alternative OSs. And given that the vast majority of PCs run Windows, it will continue to work.

    Except it didn't really work in the first place. MS conned the modem manufacturers and a few low cost printer manufacturers, but other than that the trend never really caught on.

  237. Simple solution by regular_gonzalez · · Score: 1

    Very simple solution: HP offers a 'No OS' option that lowers the price by $5. Problem solved.

    --
    Due to circumstances beyond my control, I am master of my fate and captain of my soul.
  238. Analogy to DVD players by tepples · · Score: 1

    Consumers don't want and consumers won't accept any hassles. They expect their new system to launch as soon as they connect the damn cables. They expect to see Windows.

    Do people expect the same out of DVD players? I wouldn't expect to see Sean Connery unless I put in my Finding Forrester DVD; why should I expect to see a desktop wallpaper without putting in an Ubuntu disc?

    1. Re:Analogy to DVD players by westlake · · Score: 1
      Do people expect the same out of DVD players?

      They expect the movie to load and play without giving one second of thought to installing an OS to make it all work.

    2. Re:Analogy to DVD players by tepples · · Score: 1

      They expect the movie to load and play without giving one second of thought to installing an OS to make it all work.

      Likewise, I expect a Free operating system to load and play without giving one second of thought to paying Microsoft to make it all work. This Linux distro can load into a RAM disk that takes 5 percent of the 1 GiB of RAM in a modern PC, and then I can eject the CD and do whatever I want with the computer until I shut it down.

  239. Re:He's an idiot by Anonymous Coward · · Score: 0

    Right, and since mechanics can install a transmission in their own car, all cars should be sold without transmissions, too.

    No. The difference is that an operating system runs on the computer. It isn't a necessary part. You could netboot the computer, or boot it off of a CD. Both are perfectly legitimate reasons for wanting to be able to buy a computer OS-free.


    Exactly! This argument that a computer HAS to come with software is rediculous!

    The big problem here is lack of choice, choice of other operating systems or the choice of no OS during purchase of your new hardware. And the reason for this are very coercive contracts (which really out to be illegal since they are a monopoly) that Microsoft has all the large PC OEMs bound by. I am not privey to the exact wording (I am sure non-disclosure of the terms is in the terms) or terms of these contracts, but we all know they exist. Need proof? Go to ANY major PC OEM web site, and while browsing their computers you will see this same contract mandated banner: "[insert OEM name] recommends Windows® XP Professional". Yeah, they have to recommend it, and they all have to have the SAME statement displayed in the SAME manner on their web sites because of these contracts! And I am fairly sure it is common knowledge that these contracts mandate not selling naked PCs, or PCs with out an OS. So right now let's assume HP and Dell and the like all pay around $25 (if that) per copy of Windows XP Pro for their systems. If HP violates the contract and sells naked PCs they start having to pay $150 or so for the OEM version just like the rest of us non-contract companies. They cannot allow that to happen because they would no longer be able to price compete with Dell, who would still be getting the hot deal (for bending over and taking the contract) on Windows.

    While it may allow for the largest PC OEMs to make slightly less expensive computers, in the long run it is hurting the consumers, and the PC OEMs, and only really benefits Microsoft. The end user has no choice in reusing their previous OS on their new PC, buying an OS from some place else, or using a free OS. Well sure, they can wipe Windows off their new hardware and still do these things, but they have still been forced to pay for a copy of Windows they do not want. Mean while the PC OEMs are limited in how they can differentiat them selves in the market place because they all have to share the MS look and feel when it comes to software marketing. What if HP or Dell wanted to make their OWN OS? Or co-license something with Apple? These contracts make it so none of them will, it keeps them all afriad of violating the contract and not being able to stay competitive. Instead of allowing true innovation (you know, the word MS likes to throw around a lot but doesn't actualy understand).

    Ok, this rant wouldn't be complete with out an anology, so here it goes. What if you couldn't buy a coffee maker without getting a two year supply of Maxwell coffee? And Maxwell had storng armed all the major coffee machine companies into this same kind of contract. The argument "Well, a coffee maker isn't functionaly complete with out coffee grounds" is used to defend the move. The problem is, Maxwell coffee grounds are dry bland tasteless crap (kind of like Windows right? heh), and you want to use Altera coffee grounds with your new coffee maker. Or what if you roast your own whole bean coffee? Why should you be forced to buy two years worth of coffee you are never going to use?

    No, this strong arm contract practice needs to stop... preferably by free market movement, but by law if nessecary...

  240. Re:Also, A DVD player without DVD is not a product by westlake · · Score: 1
    While you need to go to a store to buy batteries and DVD for your non-products, for an OS, you may not even need to go to the store. You could download one of many free Linux (or BSD or other) OS's many of which do not even need to be installed to function.

    The fundamental flaw in all the arguments posted here is that the posters persist in thinking like Geeks.

    The consumer PC market is a Geek-free zone. It has its own rules and values, which have been shaped by twenty-five --- near thirty years --- experience with the PC as a toy, an appliance and an office machine.

    People know what they want and it isn't the stripped-down network appliance.

    It isn't the "bare bones" PC. It isn't Heathkit, DIY electronics, twenty years dead. It is a rich, deep, software library, oriented from the beginning towards the needs and desires of ordinary people.

    [Windows, not Linux, is the populist OS. Quite literally the OS of the marketplace, the thieves' bazaar.]

    It is backwards compatibility. It is the powerful, affordable, OEM Windows system which benefits from enormous economies of scale in every aspect of production, marketing and distribution.

    It isn't the Politically Correct which sells, and that is what is important to HP.

    ___

    It is particularly ridiculous to think of the OS as a consumable like an ink jet cartridge or a ream of paper.

  241. BIOS vs. Windows by tepples · · Score: 1

    or as has been used many times already- a new car with no gas.

    Answered.

  242. Lies, damned lies, and astro-turfing. by darkonc · · Score: 4, Interesting
    There are lots of lies in this article:
    • First is the presumption that a computer (shipped) without an OS is useless... I can pop in a Knoppix disk and do most of the things that people use their computers for without installing any OS -- banking, messaging, skype, word processing, photo editing, etc., etc., ... His statement is false.
    • second is that that that Windows is the only OS that anybody would ever want.
    • third is the implicit claim of the (many) astro-turfers that this suit is meant to prevent HP from selling computers with MS-Windows.... From TFA:
      UFC said it wants consumers to be able to choose the software for their machine and get reimbursed for purchasing an OS they did not want.
      (emphasis mine).
      Nothing wrong with consumers buying an HP computer with Windows, as long as that's what they want (which will be the case for many -- but not all -- consumers).
    It's more like if every major hospital in the country forced children born there to be baptized as Roman Cathoic -- and required that the parents pay a tithe to the Roman Catholic Church for the 'privilege'.

    Now, yes, you can turn around and have the child declared Baptist, Lutheran, Jewish or Muslim, etc., but you still won't get back the $75 that went to the RC church.... and, for some people, just having the taint of the RC church on their children is almost as bad as being declared pagan. -- and, for some people, explaining to your parents back home why their grandchild's Birth Certificate says Roman Catholic is going to be, uhm, delicate.

    Of course you also have the option of having your child born at home, but some people really like the convenience and safety of a large hospital.

    [I'm RC, myself, so I can (I hope) get away with this analogy.]

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  243. Re:He's an idiot by Hooya · · Score: 1

    you ever buy a CD player? did you get a CD with it?

    ever bought a toaster? get a loaf of bread with it?

    they too are pretty much paper weight without the respective what-have-you to go with it. why should computers be any different. actually, the whole point about compaq reverse engineering the IBM PC and thus ushering in the era of personal computing was to allow an open hardware architecture to allow mixing and matching of not only the hardware but the software as well. up until that point hardware came with their own OS. see mainframes etc.. MS closed that 'hole' by pretending that the PC hardware was useless without *MS* OS. i was shocked to discover that the OS that came with the computer didn't really have much to do with the hardware and that i could, if i wanted to, replace it with another OS. up until that point i too believed that the computer was a paperweight without MS OS. clever bundling job. fooled me for a while.

    but ever since i got '#bash>' to show up on the monitor, the first thing i do is wipe off the OS that comes bundled. been doing that for the last 12 years. and yet, strangely, none of my computers are paperweights.

  244. The importance of informed buyers by tepples · · Score: 1

    Again, they don't advertise so they don't exist?

    If a computer builder does not advertise, then knowledge of the computer builder's product does not exist among potential buyers.

    That's news to me. I guess I'll have to buy another computer, because this no-preinstalled-OS computer I'm using is just a figment of my imagination.

    Who built this computer? And how did you find this computer builder? If yourself, how did you discover 1. that you can build your own computer instead of choosing a national brand and 2. how to do so?

    1. Re:The importance of informed buyers by despisethesun · · Score: 1

      If a computer builder does not advertise, then knowledge of the computer builder's product does not exist among potential buyers.

      That's irrelevant. That argument might have held some weight 10+ years ago, but now if I'm after a niche product (and face the facts, computers without Windows preinstalled are a niche product at the moment), I can google for a company that provides it. If a customer is too lazy to search for the product they're after, I don't see why larger manufacturers should be forced to cater to them.

      Who built this computer? And how did you find this computer builder?

      A local computer shop. I found out about them through friends who had purchased from them in the past, and purchased this computer because I had a good experience purchasing smaller computer-related items from them previously. I know, you think I'm crazy, saying I found out about this place without any television, radio, or magazine ads, but it happens more often than you think.

      --
      This poo is cold.
  245. OS of choice, or OS of coercion? by tepples · · Score: 2, Insightful

    Windows is overwhelmingly the OS of choice of the middle class.

    OS of choice, or OS of coercion? Do the majority of the middle class even realize that they have a choice?

    [A computer builder] only knows what people are buying and it sure as hell ain't OEM Linux.

    People are buying Windows only because nothing else is advertised.

    1. Re:OS of choice, or OS of coercion? by gordo3000 · · Score: 1

      didn't know apple sucked so much ad advertising and getting its image out in public. I mean, I only see them paying for ad space in loads of movies, tv spots, and online. I mean, maybe I'm in some alternate universe. I generally see loads more advertising for macs than windows.........

    2. Re:OS of choice, or OS of coercion? by tepples · · Score: 1

      [A computer builder] only knows what people are buying and it sure as hell ain't OEM Linux. People are buying Windows only because nothing else is advertised. didn't know apple sucked so much ad advertising and getting its image out in public. I mean, I only see them paying for ad space in loads of movies, tv spots

      Overwhelmingly many of Apple's TV spots that I've seen are for iPod portable media players, not Macintosh computers.

      and online.

      Online advertising reaches only people who already have a computer. Where's the advertising to get something other than Windows as a family's first machine, before the roots of "I can't use this because the start button looks different" disease have had time to form?

      I mean, maybe I'm in some alternate universe. I generally see loads more advertising for macs than windows.........

      I was talking about Linux, not Mac OS. Why isn't Linux advertised on television?

    3. Re:OS of choice, or OS of coercion? by gordo3000 · · Score: 1

      actually, I was just pointing out that there are other computer systems being advertised. your exact words were:
      [br][br]
      "People are buying windows because [b]nothing else is advertised[/b]"[br]
      [br]
      I'm just saying there is quite a bit of advertisement out there. My most memorable apple commercials are the "I'm a PC, I'm a Mac" commercials. I actually can't think of the last time I saw on TV an ipod commercial. Now if you were only talking about Linux, you should have just said that.
      [br][br]
      now as to why Linux isn't advertised.... I'm not really sure. Maybe no linux company actually believes they can get people to switch based on advertisements or maybe linux isn't being directed at the regular home user. or maybe these companies realize there is a ton more money to be made by targetting companies that will require lots of costly support and it is easier to concentrate on that? Your guess is as good as mine.

  246. Re:Also, A DVD player without DVD is not a product by E++99 · · Score: 1
    A DVD player without a DVD is not a product, because it doesn't work...
    A DVD player without a TV is not a product, because it doesn't work...
    A toy without batteries is not a product, because it doesn't work...

    These are not comparable analogies. A DVD player exists for the purpose of playing a variety of DVDs, just as a computer exists for the purpose of running a variety of applications. A DVD player requires software to do this, which the consumer does not get to select or opt out of. That software is what is comparable to an operating system, not DVDs or batteries or TVs.
  247. Yes, absurd by GodWasAnAlien · · Score: 1

    Yes, quite absurd.

    That was the point.

    HP was saying was saying that the computer is not a product if it does not have X bundled.
    Where X is brand MS OS.

    Of course the computer is still a product without an OS which can easily be purchased separately.

    The problem is not bundling either. It is about bundling another product whether or not the customer wants to buy the other product. The bundle deal artificially helps sales of product X, sacrificing consumer price and market competition

    If a shower door company made deals with all of the tub manufacturers to include their shower door with every tub purchase. Then the customer pays more for the tub purchase even if they intend to use no door, a curtain, another door, or a door they purchased previously.

    The same is true with a computer purchase. I would probably have more use for a shower door if it was bundled with my notebook computer than a copy of MS Windows.
    The shower door may cost me less, as well.

  248. Re:He's an idiot by Anonymous Coward · · Score: 0

    actually they do
    I can go to (say) Ford and order a delete option on the engine and trans and they'd sell me a car minus engine and trans

    i could even purchase a "body in white" which is just the body shell with no other parts installed and finished in primer ready for paint
    and intall what ever parts I want

    its actually a common option for race car builds cause its saves spending money on shet you dont need and then haveing to waste time removing said shet

  249. Ubuntu ShipIt by tepples · · Score: 1

    If the product can't carry out it's intended functions without the provided parts, then it's not a bundle, and won't be affected at all. If it DOES work without specific parts

    Yes, a computer does work without a Microsoft operating system. Its function is to run the programs contained in a free Linux live CD that the customer obtained through the local counterpart to Ubuntu ShipIt.

    then the manufacturer MAY be required to offer the product without that part on request.

    The article claims that HP is refusing to properly fulfill these requests.

  250. Re:He's an idiot by jlarocco · · Score: 1
    Because there's a cost associated with offering different peripherals, both in terms of increased complexity on the production line and also future support. The number of people buying, say, Ubuntu installed on HP desktops is too small to justify the additional support and manufacturing commitment; whereas, say, enough people choose between the NVidia ATI cards.

    What are you basing your hypothesis on? HP doesn't manufacture any machines with Ubuntu preinstalled, so of course nobody buys them.

    Additionally, go to an OEM like Dell and look at their choices. You will notice that, for each performance and product level, there is usually only one choice. You don't see an ATI X1900 being offered alongside the GeForce 7900 - there is no reason to complicate your operations by offering two competing products that are arguably in the exact same performance category.

    Yes, but since we're talking about HP, try looking at their website. Each machine has an Intel and an AMD version, usually within $50 of each other. And in many cases you'll see choices for both ATI and nVidia video cards.

  251. Re:He's an idiot by Euler · · Score: 1

    Anything you saw after rebates in the holiday season is a loss-leader. i.e. the store is losing money selling it to you and they only sell a limited number, so you can't count that in any actual price comparison.

    Yes, the mass market PC hardware from HP is cheaper than a piecemeal system because of economies of scale. But, _it would be much cheaper_ if HP wasn't bound by Microsoft to price no-OS machines higher than windows boxes.

    This is the definition of monopoly power abuse.

  252. Oh, I dunno. by jd · · Score: 2, Informative

    Microsoft Flight Simulator 2 didn't require an OS - it did all the hardware and memory management it needed internally. IBM's early disk diagnostics were the same way. If you write your code to the L4 kit, then you can even get Java to run without an OS. OS' came about decades after the first stored-program all-digital computer and if you're not wanting protected environments are largely a waste of resources. An OS is just a glorified wrapper over the electronics, if you're handling any threading and memory pools yourself.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  253. The extension of this arguement is by mehtars · · Score: 1

    Can a cell phone be forced to sell its phone (the hardware) without an os installed? Thats is what the rammification of this ruling would be. In essensce, all personal electronic gadgets that have some sort of OS cannot come with the device.

  254. Why can't geeks be practical - give HP some credit by tmandry · · Score: 1

    I've heard some of the most ridiculous things in these comments.. including all the bad car-gas/printer-cartridge/dvd player-dvd metaphors. Unfortunately they all have a very important thing in common: those products are meant to have their corresponding 'parts' exchanged by the average user regularly, and the 'parts' are meant to be exchanged quickly and easily. An OS is usually only a one-time thing: you install it and you're done.

    The point is, it's not practical at all for HP to not sell computers with Windows pre-installed, for the sake of the consumers. The case could be made that other options should be available, but computers that come with Windows will always be mainstream.

    But but computers without an OS forced on you are cheaper and give you more options. And they work! You just have to install the OS on them for them to be useful, but ask anyone who knows anything and they can tell you that's easy...

    Show me an entrepreneur or CEO that's willing to license, obtain, and have Windows installed on every computer they buy themselves, and I'll show you a fool. For those who just need what's mainstream and what's best for them and/or their employees, preinstallation is faster, cheaper, and easier. The rest of us linux nerds? We'll just have to do our own thing.

  255. Windows not needed for unit to function. by Khyber · · Score: 1

    A simple command.com file on a properly formatted harddrive with a valid file table is all you need to have the basic parts of a computer working. So HP is lying.

    Makes me wish I didn't work for them, but hey, I need the money.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  256. Re:He's an idiot by westlake · · Score: 2, Insightful
    given the choice between an HP with Windows for $1000 and an identical HP with Linux for $600, I think most consumers would pick Linux every time

    Good lord. Even Walmart couldn't undercut OEM Windows on price. OEM Windows is priced for the mass market. Sales in the millions and tens of millions of units.

    There is a twenty year backlist of MSDOS and Windows titles that should run just fine under 32 bit Vista. There are few genuine first-time buyers in the consumer market and many very real barriers to migration.

    I think most non-gaming consumers would realize that OpenOffice, Firefox, Gaim, and Thunderbird meet all their requirements.

    Anything of interest to home users in FOSS gets ported to Windows or begins as a native Windows app. FOSS is not a driver for the adoption of Linux. End of line.

  257. Re:He's an idiot by gordo3000 · · Score: 1

    its funny how everyone on this string started calling everyone else an idiot. but still, you said it youself. To MARKET A PC you need to ship it with an OEM system installed. but to say an OS preinstalled is necesarry for a computer is incorrect. Just because you market a product to a certain group doesn't change facts about the product. and in this case, just because HP is a PC manufacturer that targets a consumer market(along with others) doesn't mean a computer requires an OS to run. It just requires a pre-installed OS.

    HP is doing what is logical. they are shipping computers with everything required to run the machine out of the box. so the question is, should they be required to offer the option to get a PC without an OS(they don't necessarily have to offer a different OS, just the possibility of getting a computer without one)?

    I know for the last 6 years I've wished I could get a laptop without an OS installed. Desktops are easy to build, but to get a laptop with a nice looking case generally requires a pre-built machine.

  258. Re:He's an idiot by ScrewMaster · · Score: 1

    The large PC manufacturers get Windows for very cheap, and then load it up with "value added" software, links, demos and other such great stuff.

    That may be ... but what about people like me that prefer to exercise choice in what applications they install? I don't want my machine adulterated with a ton of useless applications and twenty or thirty megs of RAM gone just because HP or whoever wants to make the machine more appealing to people who think "free" is always a good thing. If you want to have an entertaining (not to mention enlightening) few minutes just run Sysinternals AUTORUNS on a brand-new HP-Compaq or Dell.

    If you're gonna pre-install the damn OS just give me the OS and not a load of unstable freebies.

    --
    The higher the technology, the sharper that two-edged sword.
  259. Re:He's an idiot by NotBorg · · Score: 1
    Do you honestly think it should be mandated that computers must come OS-free?
    Almost had it... Free-OS.
    --
    I want this account deleted.
  260. Astroturfers Are Out Tonight by Anonymous Coward · · Score: 0

    Why all of the threads trying to defend HP and the argument that a pc is useless w/o an OS? That is beyond absurd. The last two laptops I purchased from HP were with XP Home. Why I needed this is beyond me, I have an MSDN subscription and triple boot between Windows,CentOS and OpenBSD. The last thing I wanted was another damned license for XP Home, but that is not an option. The solution is simple, if the folks at Redmond cannot abide having a competing OS being sold with the laptop, SELL THE F%$#k'R bare.
    Just give the option, that is all that is needed. Joe user get's his windows if he chooses, everyone else gets what they want and need.

    1. Re:Astroturfers Are Out Tonight by khallow · · Score: 1

      The product in question is an HP PC with Windows installed and support for that combination. That is the product. If HP sells bare PCs, then they'd have to support those machines. You can always uninstall Windows. You can always buy something other than HP. So it's not a real problem.

    2. Re:Astroturfers Are Out Tonight by Anonymous Coward · · Score: 0

      No they are tying two products together. The PC is functional without an OS. That HP does not wish to provide support for anything but windows is an interely different issue. The only thing they should have to support is defective hardware. That is HP's product. Let MS support it's OS, it is their product. The truth is if it really is a software issue w/o an easy resolution, it will get passed to MS anyway. HP can't resolve a real bug. Be honest, MS & HP are forcing an OS down HP consumer customers throats.

    3. Re:Astroturfers Are Out Tonight by khallow · · Score: 1

      No they are tying two products together. The PC is functional without an OS. That HP does not wish to provide support for anything but windows is an interely different issue. The only thing they should have to support is defective hardware. That is HP's product. Let MS support it's OS, it is their product. The truth is if it really is a software issue w/o an easy resolution, it will get passed to MS anyway. HP can't resolve a real bug. Be honest, MS & HP are forcing an OS down HP consumer customers throats.

      HP provides a bundle, which is the PC, Windows, and service on that pair (service that as I understand it goes beyond what MS provides). That's the product they actually sell. The PC in turn is a bundle of products as well that are functional even without the rest of the PC. Are you claiming that HP should sell and support its video cards seperately from the rest of the machine? Sure sounds like that's the logical conclusion. My point here is that selling the PC by itself is not HP's business.

      Also, name an HP customer who has been "forced" to buy any HP product by HP and MS. Name one.
  261. Re:Also, A DVD player without DVD is not a product by truedfx · · Score: 1
    Assuming HP shipped you a PC with absolutely no O.S. installed, how exactly would you go about downloading this wonderful free O.S.?
    At a friend's?
  262. What if I already own a copy? by Anonymous Coward · · Score: 0

    I think many of you are forgetting that there is also the option that some people may already have a legitimate copy of Windows. What about businesses that have a site license? Do they need to be forced to buy another copy of Windows?

    What if I built a computer and bought a copy of WinXP(retail) and two years later my computer dies. When I buy a new machine, why am I forced to buy another copy of Windows? I have a legal copy of Windows that will still only be used on one machine.

    This is why I build my own computers. I refuse to pay for something I am not using.

  263. what about windows only drivers by ufnoise · · Score: 1

    If the video/audio/whatever is windows only, then the machine will not be fully functional with Linux, BSD, Solaris, DOS, or whatever.

    1. Re:what about windows only drivers by pancompact · · Score: 1

      If it won't work with something other than windows then you can replace it like any other non-working (inluding defective) parts.

  264. Wrong quotation by Anonymous Coward · · Score: 0

    It is said int he article : "A French consumer group has filed three lawsuits against Hewlett-Packard Co. and two electronics retailers" and not ""A French consumer group has filed three lawsuits against Hewlett-Packard Co."

    Little difference...

  265. Re:He's an idiot by p0tat03 · · Score: 1

    "What are you basing your hypothesis on? HP doesn't manufacture any machines with Ubuntu preinstalled, so of course nobody buys them."

    You are correct, I have no empirical data to back up my hypothesis, but nonetheless from what I have seen of average computer buyers, the vast majority are Windows users exclusively, while the vast minority are OSX users. The number of Linux/UNIX/etc users are so small that I do not believe there would be a significant market.

    The likes of HP and Dell are here to service the average computer user - the ones who may just buy a machine without an OS to shave a few bucks off the pricetag, and then feel the need the call up the support line incessantly questioning why their shiny new hardware doesn't work.

    I know if it were me, I'd offer the blank-HDD option, but also strongly warn that there will be no software support provided for such orders, only hardware. But that's HP/Dell/etc's choice, and I personally feel it's not really such a bad one.

  266. depends by Scudsucker · · Score: 1

    I guess there's a good chance I'll get modded down for the heinous crime of coming out in favour of Microsoft

    If HP offers the option of ordering a computer with other OS's, you have a point. If they don't, you do deserve to get modded down, but for spouting nonsense, not defending Microsoft.

  267. ACCC by Ambush · · Score: 4, Insightful
    It's a real shame that the Australian Competition and Consumer Commission seems completely oblivious to Microsoft's behaviour. The ACCC refuses to consider this issue despite repeated submissions and complaints.

    If simply all computer vendors were legally obliged to itemise the computer and operating system in all advertising, *and* make the operating system optional, it would immediately level the playing field for all competitors.

    Our government departments are, indeed, in Microsoft's pocket. Heck, our entire country is in America's pocket.

    --
    There are 10 kinds of people; those who know ternary, those who don't, and those now hunting for a dictionary.
  268. Re:He's an idiot by DeQuincey · · Score: 1
    you ever buy a CD player? did you get a CD with it?

    ever bought a toaster? get a loaf of bread with it?

    Ever buy a Dremel without at least a few accessories?
  269. Re:He's an idiot by Ajehals · · Score: 1

    You are correct, I have no empirical data to back up my hypothesis, but nonetheless from what I have seen of average computer buyers, the vast majority are Windows users exclusively, while the vast minority are OSX users. The number of Linux/UNIX/etc users are so small that I do not believe there would be a significant market.

    So you say the above and you dont think that this has anythiing to do with the fact that the customers often never even see the possibility oof using something other than windows?

    Im not sure that this should be forced on Hrdware manufacturers, but I am damn sure that the reason everyone uses windows is not because they choose to but because there is no percieed alternative. Its a lack of understanding, leading to, and because of a lack of choice.

  270. Re:He's an idiot by ignavus · · Score: 1

    I think the OP's point is that the cost of Windows ends up being paid for by the companies paying HP to put their adware on the PC. And then you just nuke the lot and put Linux on it.

    So *you* haven't paid for Windows, the adware providers have. And you have just wiped both the adware and "their" OS off the PC.

    You aren't supporting Windows, rather it is Norton's etc who do this - and they only exist because of Windows. What do you care if Norton's gradually goes bust paying Microsoft so that you can have Windows for free - and then you go and junk their "gift" (as I would too)?

    Of course, this all presumes that the revenue to HP from adware does in fact exceed the cost to HP of Windows. I remain to be convinced of this.

    --
    I am anarch of all I survey.
  271. Product Support by DavidD_CA · · Score: 3, Insightful

    I know many of the Linux zealots here will bash HP for not offering alternative OSs as an option, but remember that when your average consumer (ie: grandma) purchases a PC they expect a certain level of support and functionality.

    If grandma has a choice between:
        A) Desktop + Windows for $800
        B) Desktop + Linux for $600 .. it's quite likely she may want Option B. Then when she gets home to install it, and then has any number of problems (her ISP won't support her, her printer doesn't work, her nephew can't email her, her bank won't support Firefox, her old copy of MS Office won't load, etc etc etc) then she's going to call HP.

    At that point, HP's costs increase trying to support Grandma, or HP risks seriously upsetting a customer and possibly getting into further legal troubles. It's a lose-lose for HP and Grandma.

    A business should never have be forced to give its customers a choice. If it makes business sense to only bundle Windows, then it should be free to do that. Let someone else sell a Linux box, take the risk, and see what happens.

    --
    -David
    1. Re:Product Support by Eli+Gottlieb · · Score: 1

      At that point, HP's costs increase trying to support Grandma, or HP risks seriously upsetting a customer and possibly getting into further legal troubles. It's a lose-lose for HP and Grandma. Think economically. You're essentially describing a situation in which the demand for support services goes up because a bunch of Grandmas and Aunt Tillies bought cheap Linux or even naked systems. Inevitably, HP will figure out how to make money off of this situation:

      1) HP starts selling copies of Debian/Ubuntu/Gentoo/etc that "cost" $75-$100 to cover their support costs. People who go for the cheapest option take Windoze or naked.
      2) HP raises the price on support packages for Linux or naked systems. Word gets out among consumers that Linux/naked will cost you on support if you're not a techie, and people stop buying Linux/naked without knowing what to do with it.
      3) HP institutes a program where Grandma can exchange her naked/Linux hard-drive imprint for a normal Windoze one once she uses enough support hours. Grandma pays $40 for the Windoze CD and license, and HP doesn't charge her for her Linux-related tech support hours because the exchange will save them net tech-support hours in the long run.

      In all of these, everyone goes away happy. In fact, they could be combined. The whole point of these bundling laws is that HP *offers* the naked or Linux PCs (and if Linux is free-as-in-beer it's as good as naked), the consumers make their own choices and the free market resolves any remaining issues.
  272. Re:He's an idiot by Anonymous Coward · · Score: 0

    Maybe it's fair game to have differential pricing in the U.S., but in more socialist societies I can understand a law that would dictate that Microsoft has to charge the same price to everybody, whether it's its friend HP or an anonymous consumer.

    Also from your tone you seem to have forgotten that there is more than one way to make two numbers match (Microsoft could lower its retail price).

  273. Re:He's an idiot by p0tat03 · · Score: 1

    Chicken and egg situation. If consumers were presented with the opportunity to run, say, Ubuntu on their machines, would they choose this over Windows? I agree that the ignorance of alternative OSes is at least in part due to the lack of availability in popular OEMs, but that's really only part of it. There's simply not enough software and the incidences of not being able to run something they bought off the shelf at Best Buy will turn most consumers off any 'nix-based OS. The dominance of Windows is only in part due to hardware OEM support - another large part is simply the lack of software choices for average users. Sure, as a server or professional platform we have a wide selection of FOSS to select from, but what about, say, QuickTax? That new Sims game sure looks cool... Wait, can't run it? Your customers won't have any of THAT.

    Practically the only reason Mac OSX even gets away with it is because it's just so damned stylish. Unfortunately I don't think Ubuntu shares the same fashion cachet :P

  274. Other way around by zzatz · · Score: 1
    Amdahl sold hardware that run the same instruction set as the IBM 360 series. IBM refused to offer the OS as a separate product, bundling it with the IBM mainframe hardware. In other words, they were forcing hardware sales on customers who wanted only the software.

    Given the dominance of IBM in the mainframe market, the DOJ stepped in, as bundling for the purpose of damaging competitors is illegal when done by a monopoly. IBM settled, and unbundled the software.

    http://en.wikipedia.org/wiki/Amdahl

    Bundling products together is legal when none of the products show monopoly market power. If customers don't like the bundle, they can take their business elsewhere. Customers buying an undesired bundle is a key indication that monopoly market power exists and is being abused.

    The key to understanding how Microsoft violates antitrust law is that end-users are not Microsoft's customers, OEMs like HP are. It makes no sense for HP to refuse to offer PCs without Windows when there are customers who want them that way. That refusal indicates that HP is under pressure from Microsoft to do something that hurts HP in the market, but helps Microsoft. Microsoft is using its Windows monopoly to suppress competition in the market to OEMs. HP can't afford to lose the ability to sell Windows, and it can't afford to pay higher rates for Windows.

    The OEM Windows monopoly gets passed on to the end user. The French are using consumer protection law to give HP and other OEMs a way out. HP can settle by offering PCs unbundled from Windows. If (when?) Microsoft penalizes HP for unbundling, then that becomes evidence that Microsoft is violating antitrust law. HP can either take the fall for Microsoft, or it can turn state's evidence and help convict Microsoft. What it can't do is sit on the sidelines and plead that it's an innocent bystander.

    1. Re:Other way around by shmlco · · Score: 1

      "It makes no sense for HP to refuse to offer PCs without Windows when there are customers who want them that way."

      Yeah? How many?

      I think this is the assumption your argument lies upon, and to my mind it's rather key, because it DOES make sense for HP to refuse to offer PCs without Windows if they perceive that there's not a significant market for them.

      People act like all they need to do is put a different image on the hard drive, when in fact that when they do so they're creating a box with an entirely different SKU that needs to be managed, stocked, shipped, and so on. And what retailers are going to order it? How many people are going to walk into Best Buy or Circuit City and ask to buy a non-functional computer?

      1 in 100? 1 in 1,000? Maybe 1 in 10,000? How much "unwanted" inventory that doesn't turn around are the retailers going to stock? How long should they sit on it in the hope that some Linux geek is going to walk in and want to buy a "plain" computer? How many OSes and how much software are they going to stock for it?

      Given the rather dismal penetration of Linux in the home market, I'd say that the demand simply isn't there. I don't know ANYONE who's running Linux as a home system who: A) isn't an IT geek; or B) didn't have it setup for them BY an IT geek who convinced them it was "better".

      Given the above, it makes not sense whatsoever for Best Buy to have a bunch of $1,000 boxes sitting around that no one wants, and as such, it makes no sense whatsoever for HP to sell them.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    2. Re:Other way around by sirf · · Score: 1

      "Given the rather dismal penetration of Linux in the home market, I'd say that the demand simply isn't there. I don't know ANYONE who's running Linux as a home system who: A) isn't an IT geek; or B) didn't have it setup for them BY an IT geek who convinced them it was "better"."

      That's because you can't buy systems with Linux pre-installed that easy. At least not in any store I've ever visited, and only in a few web based stores. Place computers running Linux side by side in the stores and sell them at a lower cost and I will bet money the situation would become different.
      It has nothing to do with demand.

    3. Re:Other way around by Znork · · Score: 2, Insightful

      "A) isn't an IT geek; or B) didn't have it setup for them BY an IT geek"

      That seems like it covers pretty much every Windows owner too, eh?

      Particularly if you consider preloading as having it set up for them by an it geek.

      Heck, for my own anecdotal evidence I can say I dont know _anyone_ at _all_ who has actually bought Windows to install on a PC. I do, however, know quite a lot of people who have downloaded Linux to install. And I do know a whole lot of people who have paid for Windows they're not using, as part of a new computer.

      "it makes no sense whatsoever for HP to sell them."

      Oh, BS. Reconfiguring the imaging of a system has pretty much no cost. You could even do it with stores like Best Buy; simply use a DVD-preloading image which already ships with many machines in the form of recovery DVD's. Offering the image separately would slice a fair amount of the price in the lower segments, thus increasing sales. Which _would_ make sense for HP. It just wouldnt make sense for Microsoft who would lose all the aforementioned anecdotal sales. Which is why they insist on playing the tying game.

    4. Re:Other way around by wljones · · Score: 1

      I bought HP PCs with Windows installed. Being totally uninterested in politics, I use it where convenient. Each HP computer also has a version of Linux installed by me for doing real work. The dual boot works quite well.

    5. Re:Other way around by shmlco · · Score: 1

      "Reconfiguring the imaging of a system has pretty much no cost... Offering the image separately..."

      As to "no cost", the point I made is that the "image' is on a $1,000 SKU which DOES have a cost, and gets us into inventory issues.

      Speaking of which, does Best Buy want to manage a bunch of "image" disks? How do they make sure they have enough disks of the right type? Are they for the right computers? What happens when HP wants to ship a new computer and none of the old disks have the right drivers? What support issues go up when the image disk or user has problems?

      Does the user want to plug his computer in and start using it, or spend a hour setting it up and configuring it?

      Sorry Charlie, but there are PLENTY of costs involved in giving less than 1% of their probable market a "choice".

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    6. Re:Other way around by zzatz · · Score: 1

      Boy, did you miss the point.

      Yes, there are practical limits to the retail demand for unbundled systems. But an investigation into possible anti-competitive practices at the retail level provides a lever to uncover anti-competitive practices at the OEM level. Solve the problem at the OEM level and the retail level will take care of itself.

      Microsoft has too much power over OEMs, and has used it to stifle competition. No OEM wants to be the first to challenge Microsoft, because they will be the first to feel the Wrath of Redmond. But an investigation into bundling at the retail level gives HP cover to provide evidence of how bundling is abused at the OEM level.

      Investigating retail practices is just a tactic. The strategic goal is to open up the market at the OEM level. HP doesn't need to ship Linux systems to Best Buy, they need Microsoft to think that they could. Maybe they could get a better price. Maybe they'd be allowed to install a boot loader. Maybe they'd be allowed to install a Linux-based troubleshooting tool and recovery manager.

      During the US antitrust trial, HP testified that one support call could wipe out any profit from a desktop system. They developed software that would run during the initial boot which addressed the most common questions and issues customers faced. Run one time, and then revert to the standard Windows startup. Microsoft said no. If you want to sell Windows, then the system must boot into Windows. Every time, no exceptions. The benefit to HP doesn't matter, the benefit to the customer doesn't matter, the only thing that matters is Microsoft's desire that users never, ever see anything other than Windows.

      This isn't a Windows versus Linux issue. It's Microsoft versus everyone but Microsoft, including OEMs, including users. Windows users could benefit quite a bit from the ability to boot into a minimal system that could test hardware, backup and restore the Windows partition, and many other things that we geeks do on our own. The end user can install a boot manager, but the OEM can't.

      Let me try again. Microsoft does things to stifle competition, things that harm OEMs, things that harm end users. Microsoft does things which harm WINDOWS users. Evidence uncovered during an investigation of retail sales may lead to changes in OEM sales, changes that would apply to all of those Windows systems stacked at Best Buy. Maybe it would lead to Linux systems at Best Buy, maybe not. But more open competition would benefit everyone who buys a PC, regardless of OS, regardless of market share.

      I don't want a better deal for Linux users, I want a better deal for all PC users.

  275. Re:He's an idiot by vingt · · Score: 1

    In scenario 1, a PC supplier (HP, Compaq, Dell, whatever) buys all their bits (hdds, mbs, cases, power supplies etc.) from a variety of manufacturers at cost x; buys Windows from MS at cost y; assembles, markets, factors in a profit margin and ships for cost z. The final cost to the punter is the sum of x + y + z.

    The above price (x + y + z) is inaccurate unless the profit margin, marketing and assembly costs equal z, not the cost at which the system is shipped. In your statement as written, z = x + y + (profit margin, etc.) and z is the final cost to the punter...

  276. Re:Also, A DVD player without DVD is not a product by nick_davison · · Score: 1

    I'm pretty sure that, even in france, only geeks would choose to buy a computer without an operating system, and they would only do so if they had their own means of installing an operating system.

    You're making the common mistake of assuming everyone has at least a good basic grounding in tech.

    To illustrate, I've just got back from the office Christmas party. As part of a white elephant gift exchange, our receptionist got a high end Logitech 2.1 speaker setup. She loves her iPod but had absolutely no idea that this heavy box she got could somehow work with her iPod - "surely iPods only work with headphones or really expensive adaptors, right?"

    You advertise, as part of whatever the French equivalent of Black Friday sales is, that HP has a laptop going for 249 euros and you'll have a hell of a lot of people desperately queuing up to get this door busting deal. Probably half to three quarters of them will have no idea that the small print that says "O.S. free" or some other deliberately obscure term means that they just bought a 249 euro doorstop unless they're willing to buy the Windows they assumed all PCs come with or track down a Linux install.

    Look at USB 2.0 hi speed and USB 2.0 full speed. Do you think the average consumer can tell you which is 12mbps and which is 480mbps. They're both better than USB 1.1, right? Nope. Not in the least. But companies quickly figured out how to obscure the difference in order to offload cheap garbage on to people who, realistically, aren't going to decypher every latest obfuscation.

    People are motivated by perceived deals. You offer a 500 euro home PC and a 400 euro PC with "true operating system freedom(tm)" or some other obscure term, a very great number of consumers will end up essentially defrauded after thinking the 400 euro one represents a better deal and now have to pay 150 euros to get the retail rather than OEM priced version of the O.S. Of course the store will no doubt be more than happy to restock the mistaken purchase for a very reasonable 15% restocking fee, providing the box is still sealed.

    Again, just because you assume something is so obvious doesn't mean it is for most non technical people.

  277. Re:He's an idiot by heinousjay · · Score: 1

    Truly, your business acumen is dizzying.

    --
    Slashdot - where whining about luck is the new way to make the world you want.
  278. Re:Also, A DVD player without DVD is not a product by nick_davison · · Score: 1

    somewhere in the buying process you have an option

    1 Windows XP Home restore package (+$99.99)
    2 Windows XP Pro restore package (+$99.99)
    3 I will provide Windows OS /HP driver kit (+00.00)
    4 No OS needed


    The flaw in your assumption is that you're assuming retailers have any interest whatsoever in making that process legible.

    Take USB 2.0. Hi-speed and full-speed. Which is the faster one? Even assuming you happen to remember without looking it up, now call your mother, grandfather, etc. and see if they know. The whole naming structure's a deliberate obfuscation by manufacturers to allow them to offload the cheaper components on people who don't know the difference - while avoiding having people refuse to buy USB 1 products they assume are "worse" when, in fact, they need a fraction of USB 1's bandwidth in the first place.

    Your options are going to be presented as:

    HP, DVD-RW, genuine Intel Dual Core processor, 120GB hard drive.
    HP, DVD-RW, genuine Intel Dual Core processor, 120GB hard drive, back up operating system CD.
    HP, DVD-RW, genuine Intel Dual Core processor, 120GB hard drive, true freedom(tm) operating system advantage.
    HP, DVD-RW, genuine Intel Dual Core processor, 120GB hard drive, operating system advantage(tm) operating system advantage.

    One of those has Windows, one has Red Hat and a backup CD, one has no O.S. whatsoever and one has a dual boot with both Windows and Red Hat.

    The readers of Slashdot will revel in their freedom and their thorough research will avoid their getting screwed. They will however really quickly get sick of their relatives calling up, wondering why their new PC says something about memory and disk drives before locking up on some weird screen about no boot disk being found - along with being asked to come over and get grandma's new iPod working and hooked up to the iTunes store on her new PC (that's running Red Hat). They'll quickly learn to desperately try and explain what "true freedome operating system advantage" means to grandparents that quickly glaze over and will have a bunch of frustrating trips back to the store to find grandma has to pay a 15% restocking fee or has to pay fifty percent more than the savings she thought she was getting to get the retail rather than OEM version.

    Grab the Circuit City, CompUSA, BestBuy and Fry's circulars this weekend. See if you can find a single PC ad that actually clearly explains every feature of the machine on sale. Go in to a store and ask the sales guy to see if you can get anything more intelligent than the more expensive one is better and that he likes brand X. See if he can even explain something as basic as the difference between a Geforce 6800 and a 7300 graphics card without mistakenly telling you the higher number is obviously better. Now ask yourself if the world would be improved for the non geeks out there by having the equivalent of USB hi-speed/full speed for operating systems.

  279. Re:Also, A DVD player without DVD is not a product by eugene_roux · · Score: 1

    Assuming HP shipped you a PC with absolutely no O.S. installed, how exactly would you go about downloading this wonderful free O.S.?

    In South Africa we have a special name for the solution to your quandary. We call them Freedom Toasters and will allow you to burn a complete Linux distro while you wait.

    We have them all over the country at various sites, such as Shopping Centres and the like.

    Sometimes living in a Third World country with crappy international internet connectivity isn't all bad...

    --
    Part Time Philosopher, Oft Times Romantic, Full Time Unix Geek
  280. I want a computer without a BIOS, too.. by d_jedi · · Score: 2, Insightful

    I mean, there's software in there. How dare they bundle that!
    What if I don't want an optical drive? How dare they bundle a DVD burner (ie. another product) with the computer?

    --
    I am the maverick of Slashdot
  281. why to buy ready computer by Anonymous Coward · · Score: 0

    I always assemble it by myself. I buy motherbord, video card, memory etc. and assemble it.

  282. XP Home by Anonymous Coward · · Score: 0

    Or optionally upgrade to Windows XP professional for 130euros

    Another OS.

  283. Re:He's an idiot by Teun · · Score: 1
    No.

    My first Pentium I, 66 mHz, came without an OS.
    You could choose between OS2, DOS, Minix, Win 3.1 and even Win 95.
    A few years earlier you'd pick one of the DOS'es.

    I used it for a while with Win 3.11 and then upgraded to a dual boot with RH4 (if I remember correctly).
    The last one was pretty nerdy, presently a non OEM install of XP is nerdy compared to installing *ubuntu.

    --
    "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
  284. Re:He's an idiot by MykeAbner · · Score: 1

    Well, it is good to know that rediculous lawsuits aren't limited to America. Not to be outdone by the French though, I suggest someone sues a car company because they don't sell a version of their car models without an engine.

  285. What about printers and cables? by Anonymous Coward · · Score: 0

    "Or telling TV people to not ships cables with the TV, because it unfairly links cable sales to TV sales when the user may want a different cable."
    Funny, I didn't get any cables with my last printer. That's okay, because I ALREADY HAVE about 10 damn USB cables at home.
    That also brings up another problem - why pay for the same product if you already have it?

  286. The PC without an OS is not a product because it d by Anonymous Coward · · Score: 0

    So, cars should be sold with the tank full of gas?

  287. Re:He's an idiot by Moderatbastard · · Score: 0, Funny

    We really need a -1, longwinded and knows it moderation.

    --
    1/3 of jokes get modded OT. If you get the joke, mod 1 in 3 insightful/interesting/underrated to restore karma balance.
  288. Re:In the strictest technical sense you're correct by jpellino · · Score: 1

    You're confusing "practical" with "$50 more".

    The installation time is assumed if you're installing your own OS.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  289. Re:He's a "rediculous" idiot by Bastard+of+Subhumani · · Score: 1

    When there's a maker that has over 90% of the engine market and (ab)uses that position to harm competitors in transmissions, lights & tyres you can come here and tell us about it.

    --
    Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
  290. Netboot the PC to prove it doesn't need an OS by dheltzel · · Score: 2, Interesting

    The argument that an OS must be installed to make the computer useful can be easily refuted. Most PC's (I assume HP's, but can't confirm) will search for a boot server if their is no OS installed. This is handy for business use, but could also be exploited by home users if the cable/DSL routers had an OS they could download to a new OS-less PC. A router engineer could easily add a small Linux install like Puppy or DSL to their home router and then people could buy a bare PC (no HD required) and plug it in, it could boot the minimal Linux image from the router and become an "internet appliance". It'd be really cool to store all the changes and new files to a USB key so you could take it to another "appliance" and run it there as well.

  291. Re:He's an idiot by fa2k · · Score: 1

    If you wanted to netboot or boot from a LiveCD, you wouldn't need a hard drive either (for liveCD one could store permanent files on a USB drive). Should we sue them for net selling HDD-less desktops?

  292. Walmart Linspire OS .. by rs232 · · Score: 1

    "Honestly I don't see why HP's argument is flawed, without an OS the PC is useless for things that consumer's want to do. HP could install Linux on every PC they ship, but the problems inherent in that should be easy to see for anyone, even the most die-hard linux fanboy"

    'during the past few years, several thousand Linspire-loaded PCs have been deployed in dozens of classrooms across the state of Indiana in an trial program that has been widely successful; some 12,500 high schools in India moved to Linux-only computers'

    'Desktop Linux is less expensive for schools to buy and less expensive for IT administrators to upgrade," said Linspire CEO Kevin Carmony. "It's easy to install and easy for teachers and staff members to learn, and it's safe from the plague of viruses and spyware'

    was (Not a bad arguement Score:4, Astroturfing)

    --
    davecb5620@gmail.com
  293. Re:He's an idiot by TheRaven64 · · Score: 1

    from what I have seen of average computer buyers, the vast majority are Windows users exclusively I think you have been looking at the top end of the buying public. From what I have seen, the majority of people want to buy ' a computer,' and don't care whether it's Windows, Mac OS or Other, as long as they can browse the web, email, and type letters. Maybe do their accounts and make photo albums as well. They don't really want a general purpose computer at all, they want an information appliance. Out of the Microsoft products, Wince would be the most appropriate platform for them, but they end up being sold XP (and now Vista).
    --
    I am TheRaven on Soylent News
  294. Crap. by jnelson4765 · · Score: 1

    Ford doesn't make tires - they just buy them from Firestone or Michelin or whoever and put them on new cars.

    Should car manufacturers be forced to sell cars without tires since they didn't make them? Oh, and most of the time, you have to special order a specific brand of tire on your car. Or you take what you are given.

    --
    Why can't I mod "-1 Idiot"?
  295. Isn't an HP a bundle of 3rd party products anyway by Anonymous Coward · · Score: 0

    A computer is a bundle of third party products. HP, Dell, Gateway, etc. aren't mining silcon, gold and copper, creating polymers, and building these things from scratch. They've made hundreds of choices of which motherboards, RAM, processor, harddrive, etc. vendors they buy from, who in turn select the silcon providers they buy from... The result is a "product" that their clientele wants. To supply Windows preinstalled is a choice they have made to, theoretically, make their customers happy. Why is OS selection any different then choosing which vendor made the chipset?

  296. No windows bashers , this means no linux either by majortom1981 · · Score: 1

    Windows bashers dont start. This would mean linux couldnt be bundled with the pc either.

  297. Re:He's an idiot by wikinerd · · Score: 1

    There are some BIOSes that can play music and low-format hard disks. Therefore a PC without an OS is still useful with such a BIOS for playing music or pre-formatting hard disks. Also, all BIOSes can display the current date and time; therefore all PCs with any BIOS are capable of acting as a clock.

  298. what great stuff .. by rs232 · · Score: 1

    "The problem with an OS-free PC is that it will actually cost you more. The large PC manufacturers get Windows for very cheap, and then load it up with "value added" software, links, demos and other such great stuff"

    What 'great stuff' do HP provide that adds more value to the PC. Why not provide a Linux Desktop that comes with Office, Internet and multi-media already included, unlike barebones Windows that requires seperate purchase of the applications.

    was Re:He's an idiot (Score:5, astro modded)

    --
    davecb5620@gmail.com
  299. Re:He's an idiot by Anonymous Coward · · Score: 0

    > In scenario 1, a PC supplier (HP, Compaq, Dell, whatever) buys all their bits (hdds, mbs, cases, power supplies etc.) from a variety of manufacturers at cost x; buys Windows from MS at cost y; assembles, markets, factors in a profit margin and ships for cost z. The final cost to the punter is the sum of x + y + z.

    Read the anti-trust suit documents. You'll find that the way it work is as follow:

    Microsoft sells its product for, say 100$

    The volume discount is, say 50%, so HP will be able to buy each for 50$

    Then, there is another discount, that is the real discount, that kicks out at a certain volume.

    For instance, HP will get 70% off *all* the licenses, if they sell 1 million of them to consumers (if the *sell*, not *buy*). This number is choosen to match pretty much the expected volume the vendor is going to sell.

    So, it would cost more to HP to sell PC without windows, because it will make *all* the licenses more costly.

    This is how microsoft killed all other PC OSes.

    And it is illegal.

    So they claim they don't do it anymore, (but the contracts between vendors and Microsoft are secrets), so why would HP won't sell naked PCs ?

    Because Microsoft did not changed its practices. So suing vendors is probably the way to go. If HP have to show the temr of the licenses and it still violates anti-trust settlement, then there is a slight chance of getting things changed.

  300. Re:He's an idiot by pipatron · · Score: 1

    I have really no idea how much HP pays for an OEM license for windows, but it's hardly $400. :P

    A better guess could be somewhere around $50?

    --
    c++; /* this makes c bigger but returns the old value */
  301. restrictive OEM contracts .. by rs232 · · Score: 1

    To supply Windows preinstalled is a choice they have made to, theoretically, make their customers happy. Why is OS selection any different then choosing which vendor made the chipset?

    They why is it that in terms of software they only supply the product of a single software company. Is there anything in the OEM contract that compells this.

    'Microsoft Corporation forces contracted Original Equipment Manufacturers (OEMs), who receive significantly lower prices on Microsoft's Windows operating system, not to install any operating system besides Microsoft Windows'

    was: Isn't an HP a bundle of 3rd party products anyway

    --
    davecb5620@gmail.com
  302. Two word: by aepervius · · Score: 1

    French Law. If you do not like it : stop selling in France. If you want to sell in France : respect the french law. If there was only *1* ever OS available and it that unique OS would be necessary, HP would have a point. But it ain't so, and so HP has no case at all. OTOH french consummer association, and french governement have got a case. Frankly if HP *want* to bundle absolutly windows, then they have either to offer it for free , or stop selling in France. If this is the case, they choose to stop selling in France, then a cotage industry will automatically jump in (after all it ain't like making a PC is mojo-mojo magic) or even other firms.

    --
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    visit randi.org
    1. Re:Two word: by LighterShadeOfBlack · · Score: 1

      Why would offering Windows for free change anything? As I understand it this has nothing to do with the cost of Windows, it's simply a matter of product bundling. The same restrictions would and should apply with any other OS.

      And bear in mind I'm not saying that HP aren't breaking French law here, they very well might be. I'm just pointing out that the law is probably bullshit.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
  303. Humor? by aepervius · · Score: 1

    Those two are chip (aka: hardware). I am not sure if I do not get your sarcasm or your humour here, but comparing a software to a hardware in that case isn't quite right.

    --
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  304. Re:He's an idiot by westlake · · Score: 1
    Who says a computer has to do what someone else wants to be considered functional?

    The executive at Target who sees a marketable product in OEM Windows. The buyers who keep Dell's consumer production lines running at full capacity 24/7.

    does HP include a monitor with every single computer they sell? No? OH NOES! They're selling non-working computers!

    Would you care to guess how many consumer PCs HP and Dell sell as full system bundles? With multifunction printer-scanner, wide-screen LCD monitor, etc., etc

  305. Re:He's an idiot by zuiraM · · Score: 1

    This may well be the case. But it's not the case HP is arguing, unfortunately for them. The HP line of reasoning will not get them anywhere, but they could've had a shot at it if they had gone with the "sorry, but we'd have to charge more for non-windows" line of reasoning.

  306. So why they're not suing... by gregorio · · Score: 1

    ...for DVD Writers, Monitors, RAM modules, Motherboards, and others? They're all third-party products and they're "forced" on most models. You just can't buy some computer models without an optical storage drive. Or maybe a harddisk.

    What if I want the computer just for running a live CD? What if I don't want a RAM module for whatever reason?

    The answer is simple: I should buy my stuff somewhere else.

    Bundled Operating Systems and Optical Drives are the same thing. They're bundled. They're from third-parties and you can argue that they're not actually necessary for the computer. In fact, if this nonsense "I can install my own" argument is valid, we can also sue to buy computers with no RAM, Motherboard, Processor, and others.

    If you don't like someone's product. DON'T FREAKING BUY IT.

  307. Re:Also, A DVD player without DVD is not a product by Anonymous Coward · · Score: 0

    A DVD player requires software to do this, which the consumer does not get to select or opt out of. That software is what is comparable to an operating system, ...which the consumer can select.

    Is that the point? that since the OS is a separate product that can be purchased in the store (unlike the DVD firmware), automatic bundling takes away consumer choice, and forces an implicit purchase?

  308. that is like selling a car by Anonymous Coward · · Score: 0

    Like selling a car and telling the costumer that he gots to stick to the same kind of fuel the car has come originally because this car without fuel is not a product that works!!!!
    So the costumer can't choose if he wants super or extra super without lead or wathever. The consumer has not the right to buy a car without fuel and then filling it with whatever he wants to, because the car without fuel is a not working product!!!
    bullshit!!!!
    In any place they will fill his car with whatever kind of fuel the costumer wants or even without fuel, if that's what the costumer wants, they may even give a bloyjob to the costumer just to buy the car and that's what I believe France HP product manager should be doing, instead of talking nonsense

  309. HP should comply by theonetruekeebler · · Score: 1
    They'll make a mint. Seriously. Everybody will -- except the French consumers this lawsuit is "protecting."

    HP can issue a big press release that they're being all vive la France! about it and caving to the pressure by selling all PCs in France without an OS. Of course, since they have to use a custom manufacture process for that country, the PCs will cost more to manufacture, so naturally they'll have to charge extra. And French consumers will pay the extra with pride, because it's a French edition of the computer.

    In the meanwhile, here at the store there's a copy of XP for EU130, right next to the PC, and you have to buy it, right? But since you're buying it with a PC, we'll only charge you EU100. MS gets EU70 of that, instead of the EU30 they'd get if it was preloaded.

    Don't feel like installing Windows yourself? Le Best Buy will be delighted to install it for you for EU50, custom configured for your specific PC model, right over there at the service department. Yes, the service department with the long line. About an hour, why do you ask? Just enjoy the store, maybe check out the digital cameras. Note that installing the OS is just a matter of plugging a cable into a USB jack and ignoring it for fifteen minutes while a stripped-down Linux dd's the PC's HDD to where it would have been in the first place.

    And that's all there is to it. The PC costs an extra EU30; the OS costs EU100; and OS installation costs EU50. EU180 per PC, EU100 of which leaves the country, and after HP "caves", you'll notice all other PC manufacturers doing exactly the same, because, hey, it's the law, right?

    Okay, maybe Ubuntu will pick up a few customers, but I'm predicting less than one in five purchases will take that route. That's still an average of EU144/PC extra profit for all parties involved. Excluding VAT, of course -- I expect the French government skims another EU28 or so, on average. See? Everybody wins.

    Except, of course, the consumer.

    --
    This is not my sandwich.
  310. Re:He's an idiot by ThinkingInBinary · · Score: 1

    Neither I nor the French Law says it has to be only without an OS, only available without an OS. If they want to offer Windows XP for $5 as an "upgrade", that's fine. Or offer Windows XP for $5 and a $20 instant rebate, so it's $15 cheaper, fine. But they need to offer it without as well, and they'll probably have a hard time explaining how they're doing that if it's cheaper with Windows.

  311. Re:He's an idiot by ThinkingInBinary · · Score: 1

    Touché. But with hard drives they at least give you a choice of different sizes and speeds and (sometimes) brands. With operating systems it's Microsoft no matter what.

  312. Why stop at software?? by zimm0who0net · · Score: 1

    There's lots of parts of the hardware configuration that HP "bundles" that I end up paying for even though I immediately throw out. I run a 1GB Ethernet, so the money I pay for the on-board Ethernet is just wasted. It should be illegal to bundle the Ethernet on the motherboard. Similarly, I put my own video card in, so make sure you're not bundling in a Video card. I prefer Seagate Hard Drives so if you're bundling in something else, shame shame shame. Clearly these are not integral portions of the system because I can run a computer without a hard drive, a video card, and an Ethernet port. Let's go a bit farther. I really would prefer a Xeon processor in my machine, but HP only bundles desktops with lessor processors. Boooo! I cry FOUL! Take em' to court! Chipset? Heck, there's lots of options on the market. Why does HP force me into a particular bundle? Same goes with memory manufacturers. Why should I be forced to buy the memory from whoever HP is in bed with. I think HP should be required to only sell a bare-bones case from which I can populate with 3rd party components. Oh, and clearly that case should not come with a power supply, because I might want to use someone else's power supply. And the screws that hold the case on? Don't saddle me with your forced add-ons!! I can buy screws at any hardware store!

  313. Is it still a product? by Anonymous Coward · · Score: 0

    What seems to be a missing point is that a PC even with just an OS installed is still not a worthwhile machine. So is HP now also going to mandate unpatched M$Office on to consumers?

  314. Re: Support nightmare by anvilmark · · Score: 1

    YOU may be able to install a free OS and get it to work.

    Please consider the many thousands who would look at the no-OS savings and say "Oooo, cheap computer!". They will buy these and end up tying up support for hours at a time troubleshooting their free OS related problems ("My computer won't run XXXXX"!).

    Computer profit margins are razor thin now. Take away the small profit on the OS and add in the increase in support costs and you wipe out all profit on no-OS computers. And don't think the manufacturers will get away with NOT supporting no-OS computers, governments would just legislate that they HAVE to support all their products.

    I'm guessing the solution is that HP simply charges the same amount for the box whether or not an OS is installed. That would provide a profit cushion for support and remove the burning need for people to buy w/o OS.

  315. Re:He's an idiot ... no your the Idiot` by teknosapien · · Score: 1
    Granted I cant buy a car without an engine. But I usually have my choice of engines. I can also choose which fuel I run and the oil I choose to run in said engine. It's not a car without an engine. Conversely Why do I usually have my choice of windows XP home edition, or Professional, or even media center. There are options unfortunately they all seem to be of the microsoft brand. If Microsoft Designed and produced workstations then that would be a different story, like auto manufactures they could insist on using only their manufactured power plants. that being said Microsoft doesnt produce their own hardware so it should be up to the end user to make that choice

    You market a PC as a consumer product you must ship it with an OEM system install. . Just wondering why you would make such an absurd statement. I have never seen a law that stated you must sell with an OEM install with a system.

    System builders are insignificant in this market segment. The Geek is insignificant in this market segment. They may be insignificant in your mind but they are still a driving force in the development of the PC.
    --
    no matter how good it is, it is human nature always wants to make things better
  316. What they ought to be sued for by Arctech · · Score: 1

    First of all it's a pretty dumb lawsuit. 95% of users are going to want the latest greatest version of Windows on their machine, and if they don't, they should be able to custom an order from HP sans OS. What really ends up icing most people's chaps is the fact that the restore for Windows on HP boxes is a partition on the hard disk with no optical media provided. The option exists to burn a set of restore disks (neither of which gives you the functionality of a full XP boot CD), but most people neglect to create this set. If their hard drive goes, they're completely screwed unless they want to pay HP for a new set of pressed restore CDs.

    They already got sued for it once and settled out of court. But not only are they still practicing this BS, but they've now expanded it to their laptops since the portable drive capacities have gone up recently.

  317. He's an idiot ... Sir Minority at your service. by Anonymous Coward · · Score: 0

    "If Microsoft Designed and produced workstations then that would be a different story, like auto manufactures they could insist on using only their manufactured power plants. that being said Microsoft doesnt produce their own hardware so it should be up to the end user to make that choice"

    By choosing to buy, or not to buy HP.

    "Just wondering why you would make such an absurd statement. I have never seen a law that stated you must sell with an OEM install with a system."

    Pfft. Like this forum ever gave a damn about laws anyway, the law in question is this; the law of supply and demand.

    "They may be insignificant in your mind but they are still a driving force in the development of the PC."

    In the context of this story they're irrelevent.

  318. Re: Support nightmare by TeacherOfHeroes · · Score: 1

    Computer hardware manufacturers shouldn't be providing support for software products running on their hardware. Hardware manufacturers should support the hardware, and any issues it has, like bad HDD sectors, or faulty memory, etc... If you buy an OS from a third party and install it on the OS-less computer, don't you think that its the third party vendors responsibility to provide support for that product? Not to pick on MS in particular here, but say MS makes an OS with a crummy installer, shouldn't they be the ones who have to support it? Maybe then they'll learn to do better next time.

  319. HW manufacturers selling stuff that doesn't work? by Anonymous Coward · · Score: 0

    The PC without an OS is not a product because it doesn't work So if I buy a computer with no OS can I get a refund because it doesn't work? How do you define if something is working or not. In my opinion if the device does what it is meant to do it works, simple. A computer with no OS is meant to print after it starts BIOS that it can't find an OS the it can boot. So a computer without an OS works if it does that.

    A computer that boots an OS when it's not supposed to then the computer is not working. Therefore if I buy a computer without an OS and it boots Windows then it is not working and I should get a refund. ;)
  320. Then what's the difference? by tepples · · Score: 2, Insightful

    Yes but Joe Sixpack suffers from a common disease when he sits infront of a computer, the dreaded Luv Vacancies Brain Syndrome. Yet he doesn't suffer it from anything else.

    Then we have to figure out why Joe Sixpack freezes in front of an empty PC but not in front of an empty game console. Perhaps it's because the BIOS of the PS1 and PS2 game consoles has some sort of user interface, as if it were a Built-In Operating System rather than just a Basic Input-Output System. Adding a friendlier BIOS UI to the commodity personal computer might make it easier for Joe Sixpack to realize that he can put in an OS CD.

    1. Re:Then what's the difference? by Bert64 · · Score: 1

      The Amiga was good in this sense...
      You saw an animation of a floppy disk being inserted into a drive, atleast with kickstart 2.0 or above based Amigas.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  321. Appliances are OK, but appliances aren't? by tepples · · Score: 1
    westlake wrote:

    tepples wrote:

    westlake wrote:

    Is it so obvious to the users who have bought PCs as plug and play appliances for the last twenty-five years? If it's to be used as an appliance for basic web browsing, e-mail, word processing The PC in the home has become more than the web, more than e-mail, more than games. The Geek understands nothing of this market.

    Then please help me understand.

    Hell, no. This is simply the web appliance fallacy revisited. Your one-way ticket to liquidation.

    If people have bought PCs as appliances for the last twenty-five years, then why are appliances suddenly unacceptable?

    The non-technical user does not want anything stripped away. He does not want to look under the hood. Ever. He wants a general-purpose machine that will adapt to his changing needs and interests without complaint.

    And a PC with a bundled Linux CD is not? It's like a nearly fully assembled bicycle where the only assembly required is putting the pedals on the crank (plugging in the monitor, keyboard, and mouse) and snapping on the handlebars (installing the OS).

    1. Re:Appliances are OK, but appliances aren't? by Anonymous Coward · · Score: 0

      With Linux, you'd have to weld most of the components together yourself, and when you're done, you realise that you haven't built a car, but instead some kind of meccano tricycle.

      If you ever ask anybody how to use it, they'll either look at you funny and tell you to get a car, or throw a bunch of spanners at you and tell you to work it out for yourself.

      Plus, if you ever want to upgrade your tricycle, you're in for a world of pain.

  322. FREEDOM! by Anonymous Coward · · Score: 0

    I am a big fan of freedom. Everyones.

    You as a buyer have the right to purchase from HP, Dell, Joe Blow, Build it yourself, anyone. And there are OS free options in any 1/2 size town in a non third world, plus on-line shops. So bottom line, use your freedom and buy from someone besides HP etc if you don't want windows on your PC. It is HP's freedom (or should be) to sell their products as they see fit...with or without OS, with or without Optical drives, with or without CPU's installed etc. If they don't have an option you like, shop elsewhere. If there isn't a market for HP that warrants the extra cost of building/advertising/etc non Windows PC's why should anyone force them? It just costs the company (and shareholders) money...which in reality just gets passed on as additional cost in those items that do sell.

    Freedom is for me AND you. Remember that.

  323. Re:He's an idiot by Anonymous Coward · · Score: 0

    I don't even care if they do look bad. It's not their responsibility to market Linux.

  324. Re:He's an idiot by badspyro · · Score: 1

    I have herd that larger corps licences (i.e. for someone like Unilever) cost around £25 or less.
    home users realy are ripped off

  325. Re:He's an idiot by zotz · · Score: 1

    "Do you honestly think it should be mandated that computers must come OS-free? And I'm not talking about "should be" in terms of how it would reduce the inept-user population, I'm talking about "should be" in terms of freedom and government non-interference."

    Well, since we are talking about goods protected by patents and copyrights, the government is already big time messing with the markets in question anyway. I am quite happy in that case to let them mess with it some more for the benefit of the public. (Well, except that they just might muck it all up anyway.) If you want a free market though, tell the governments that you want them to stop awarding monopoly rights to people.

    all the best,

    drew
    http://www.youtube.com/results?search_query=zotzbr o&search=Search

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  326. Rediculous by huckamania · · Score: 1

    I'm sure HP doesn't make every part that is in a computer. They don't make the CPU. But that's essential, right? What about the hard drive, is that essential? How about the mouse or the keyboard? Those could be considered essential, but there are lots of computers without them. Is a sound card essential? What other areas can this stupidity be applied to? How about third party console developers? Doesn't the purchase of their products require the purchase of a console. Microwave popcorn usually requires a microwave. This is a retarded law from a retarded country and only the retards on slashdot could possibly find joy in this.

  327. Re:He's an idiot by URSpider · · Score: 1

    No, I think it should be mandated that computers can be purchased OS-free for a price that is less than the price of one with the OS by a difference of the retail price of the OS. I think people should have the choice.

    Why should it be less by the difference of the retail price? That's not what the manufacturer paid for it. Are you suggesting that they should lose money if you want to buy an OS-free machine?

    Bundling is a nearly universal practice. Try walking into McDonald's with a cup, and asking them to sell you the differential volume between a small and large Coke, for the $.15 differential price.

    I would like to be able to buy an OS-free computer as much as the next person, but I would not expect the price difference to be more than $10 or $15, which is what I estimate the big guys (HP, Compaq, Dell) pay per machine to MS.

  328. One Laptop Per Child is Easy and Legal Already. by twitter · · Score: 1

    this One Laptop Per Child idea should remove its Linux OS as an installed default and allow the children to choose which operating system they want to use with their laptop.

    You can be sure that the OLPC project will be much easier for HP to work with than Microsoft is. As things stand now, if HP did bother to sell the OLPC they would have to make it more expensive than any similar laptops they have that are able to run Windoze. The day OLPC charges money for their software and threatens vendors with higher prices for anything that violates OLPC's will, that will be the day your post starts to make sense. In the mean time, HP can't do so much as tell you how much M$ charges them for their distinctly third rate OS which they must sell below the cost of much better alternatives.

    In France, the OLPC costs will be easy to break down for legal compliance: laptop - subsidized $100, Linux OS - free and complete with source code for any hardware you chose, Alternate OS - unknown ask Bill gates why.

    --

    Friends don't help friends install M$ junk.

  329. Re:He's an idiot by ThinkingInBinary · · Score: 1

    No. This would be like if McDonald's charged you $2.50 for a burger with fries, and $3.00 for a burger without fries, or just wouldn't sell you the burger without fries. It's forcing you to buy something you don't want, and, no matter how the economics work for the vendor, you are still paying for the bundled OS! Just because it's universal doesn't make it a good practice.

  330. Well... by Anonymous Coward · · Score: 0

    Fuck France.

  331. Re:He's an idiot by PlusFiveTroll · · Score: 1

    MS conned the modem manufacturers and a few low cost printer manufacturers, but other than that the trend never really caught on. Probably because most software modems and printers sucked, terribly. Try using a winmodem on a poor quality telephone line for internet. Who knows how many millions has been spent on tech support for the damned things. Luckly these days analog modems are a dying breed.

  332. Re:He's an idiot by Fulcrum+of+Evil · · Score: 1

    I'm pretty sure Microsoft offers licensing discounts as long as they're exclusive.

    Not anymore they don't. They can offer volume discounts, but exclusivity is a big nono.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  333. Re:He's an idiot by Schraegstrichpunkt · · Score: 1

    You are correct, I have no empirical data to back up my hypothesis, but nonetheless from what I have seen of average computer buyers, the vast majority are Windows users exclusively, while the vast minority are OSX users. The number of Linux/UNIX/etc users are so small that I do not believe there would be a significant market.

    Tough. If you want to sell computers in France, you have to give people the option to buy the computer without the OS or other software (and get the corresponding discount). If you don't want to do it, there are plenty of French computer integrators that would be happy to take your place.

  334. Oh come on by FoamingToad · · Score: 1

    just think that it shouldn't be Mandated (by Microsoft) that I should only be able to buy machines with MS-Windows from any majour Manufacturer

    Notwithstanding the spelling nazism, you don't have to buy a system with Windows or nothing. You can brew your own. I have yet to buy a new system in 12 years.

    I just shouldn't be punished by HP for not wanting to use the OS that they want to hoist on me

    No, if you _CHOOSE_ to buy HP, you _CHOOSE_ to be penalised by the OS (a bundle deal) and you also _CHOOSE_ to purchase a low spec, badly balanced machine at an inflated price. If you're up for that, I'd suggest that you're part of the mom+dad market they're targetting. If you actually care about the hardware+software+longevity of your system, I'd suggest you wouldn't be in the market for an HP.

    I'd suggest mod -1, specious for the above.

  335. Re:He's an idiot by ancientt · · Score: 1
    Heck no. I mean, I thought the same thing at first, HP is buying 100,000 licenses at a time, it is only fair that they get a discount and shouldn't have to lose potential sales because they can't pass the discount on.

    Then I thought about it again.

    Yes, HP should have to lose those sales precisely because it is a monopolistic practice. HP is contributing to the monopoly by purchasing in that volume from a single vendor (MS) and thus is guilty by association. It is a lesser degree of guilt to be sure, but then loss of potential sales is a lesser punishment than a mandated break up anyway.

    Equal opportunity laws in the workplace meant that more minorities had to be hired than might have been convenient or preferred otherwise. It came to pass because governing bodies thought it made the general society of an employing and working populance more fair.

    Disclaimer: I disagree with the choices of laws used to declare Microsoft a monopoly. I don't believe that the interpretation was justice. I do think Microsoft was and is a monopolistic company, just not under the laws that were used to declare it to be one. I also think that the laws that were enacted to promote fair hiring practices have caused reverse discrimination. It was and is also unjust. Both situations were attempts to deal with a problem that seem to be wrong to me, but I don't really have a better solution without striking down a bunch of laws and writing new ones and I have not been asked to do that.

    --
    B) Eliminate all the stupid users. This is frowned upon by society.
  336. Re:Also, A DVD player without DVD is not a product by dodobh · · Score: 1

    Or perhaps you will get a market for vendors selling operating systems? And more clued customers?

    --
    I can throw myself at the ground, and miss.
  337. Re:He's an idiot by Mr.+Underbridge · · Score: 1

    Yes, HP should have to lose those sales precisely because it is a monopolistic practice. HP is contributing to the monopoly by purchasing in that volume from a single vendor (MS) and thus is guilty by association. It is a lesser degree of guilt to be sure, but then loss of potential sales is a lesser punishment than a mandated break up anyway.

    That's a punitive solution to a monopoly problem, not a remediation for a consumer. Fight that war elsewhere, HP is as much a victim of MS as the rest of us.

    Equal opportunity laws in the workplace meant that more minorities had to be hired than might have been convenient or preferred otherwise. It came to pass because governing bodies thought it made the general society of an employing and working populance more fair.

    Yay, using misplaced governmental vigilante justice to ham-handedly "solve" problems by making them worse! I'll take such in neither cited case.

  338. Re:He's an idiot by Anonymous Coward · · Score: 0

    ...and you all do recall how most (all?) PC's prior to about 1994 were sold without an OS- this was standard practice when there was actually an OS free market. Yes, occasionally there were budle deals with DOS/Win3.1, but the OS was always a line item cost at the time. You could choose DOS only, DOS + Win3.1, OS/2, Netware, DR-DOS, or DOS + Geoworks.

    Amazing how Microsoft's predatory practices and persistance has eroded the collective memories...

  339. Re:In the strictest technical sense you're correct by ivan256 · · Score: 1

    http://dictionary.reference.com/cite.html?qh=pract ical&ia=luna

    Click, and read.

    Now tell me which definition of the word 'practical' you are using to describe being forced to pay for something you are not going to use in order to purchase something that you *are* going to use.

    You are confusing 'practical' with some other word.

  340. Re:In the strictest technical sense you're correct by jpellino · · Score: 1

    Again, assuming youre geting a wintel box and you want something like ubuntu or something else on it, then you're going to format or partition the drive, and install what you want. You already decided the action of installing your OS was worth it, and that would all be the same with a box with no OS pre-installed. "Practical" refers to an amount of action, not to value.

    The only thing you've lost is money by paying the MS premium. So again, it's a matter of money, not time and effort.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  341. Re:Move along... how monopolies are perpetuated... by DescentToCocytus · · Score: 1

    Neither should consumers be forced to purchase bundles in which one of the components has a monopoly stranglehold on its segment of the market -- that is how monopolies become illegal and are perpetuated. I don't know where you are from, but where I live, I have yet to be accosted by a band of gun toting HP reps who force me to buy their products under pain of death. People are in no way forced to buy HP's products.
  342. HP lyin hypocrites that sell printers w/no cables by Anonymous Coward · · Score: 0

    Lets see! We'll play this back. HP feels bad about selling a computer without an operating system. Operating systems are not
    HP's business. However, HP sells its ink jet printers without USB cables! How functional is that? In truth, Microsoft was ways of making sure that hardware vendors play ball with it or else. They could design 'patches', 'security patches' to its windows system and force all its slave army of XP/Vista bots to download them whether the duped so called owners wanted them or not. The new patches would simply shut down all HP computers and guarantee no micro$ software worked on any HP system...or at least not after the next 'patch/upgrade?!' cycle. Alternatively they could do what they have done for years: any vendor or manufacturer that sells a plain box without 'windows' will not be able to buy windows' products at all. This would shut them down from a large part of the installed monopoly of system. Somehow our government charged with the responsibility for upholding our laws is blatantly and willfully ignoring a notorious violator of laws like the Sherman Anti-Trust Act which address directly micro$ egregious combinations in restraint of trade in these areas.
    On top of this, I have an Averatec Lap top, a unit made for Wal-Mart. It has a firmware in it somewhere that prevents the loading or running of any but windows XP. Any other operating system will not run correctly. Win2K will only run in 16color 640x480 resolution. All video drivers that claim to run on its motherboard incorporated VIA video refuse to run and lock up the computer, requiring a complete reinstall of a new operating system. Linux only runs in frame buffer mode, and that is probably because micro$ engineers did not know how to tell VIA how to sabotage linux completely. This is illustrative of the predatory trade policies of microsoft in combination with its slave army of hardware suppliers.

  343. Re:HP lyin hypocrites that sell printers w/no cabl by LighterShadeOfBlack · · Score: 1

    So in the hypothetical tinfoil hat situation you describe, Microsoft intentionally disables Windows on the many thousands of HP computers worldwide. Complaints fire off, lawsuits follow, HP and Microsoft spend tens to hundreds of millions, anti-trust litigation occurs against Microsoft in all affected countries. Something that large would be enough to destroy the confidence of both home consumers and big business - HP is a big-seller in the workstation market. Microsoft would be fucked. So would HP probably. You and your brethren can sing and dance in the streets that the Great Evil has been slain. Hurrah!

    As far as the Wal-Mart thing goes, if it's truly a case of intentional hobbling and not a legitimate situation where proprietary laptop video drivers simply aren't available for other operating systems (video driver support is a common problem with many laptops in my experience) then you should be complaining like hell to Walmart and/or Microsoft.

    The perpetrator in your little tirade here is Microsoft, not HP. While HP aren't angels themselves if Microsoft are committing illegal anti-competitive acts then the lawsuits should be against Microsoft for those acts, not against a single PC vendor under a law which seems completely ridiculous and won't solve any of the issues you've listed. If anti-competitive issues are truly the issue then they should be dealt with head-on, not treated like some half-assed game of Whack-A-Mole against the PC vendors for whatever obscure law they can find.

    --
    Spelling mistakes, grammatical errors, and stupid comments are intentional.
  344. Re:In the strictest technical sense you're correct by ivan256 · · Score: 1

    "Practical" refers to an amount of action, not to value.

    Frankly, that is bullshit.

  345. Re:In the strictest technical sense you're correct by ivan256 · · Score: 1

    Let me be more specific than saying you're full of shit.

    The extra cost to the product means that if you are a small to medium business buying 100 machines, and you have to pay a 10% premium to Microsoft on each unit (You said $50, right? The average non-gaming desktop is well under $500 these days), that means instead of 10 more actual computers that would have practical use, you got nothing of value.

    Besides, your original argument was that a computer without Windows was "practically useless". I think it would be better to say that your argument is practically the definition of absurd.

  346. Re:In the strictest technical sense you're correct by jpellino · · Score: 1

    1. I used your definitions;
    2. What a wonderful way with words!

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  347. Re:In the strictest technical sense you're correct by jpellino · · Score: 1

    Ah. By changing the scale, now you have a completely different problem.

    Similarly:
    One cow in the front yard is a olfactory issue.
    A hundred cows in the front yard is now an engineering issue.

    "Powers Of Ten" is a great classic resource for appreciating that in changing scale you also change the rules.

    All the best,

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  348. Re:In the strictest technical sense you're correct by ivan256 · · Score: 1

    I'm sorry, but throwing away 10% of your resources is the same problem either way. Scaling it up by ten just helps illustrate the problem to people who don't see it.

    When the issue at hand is all computers bought in a single country that don't run windows, what scale would you say that is? I'd say that it is measurable economic impact.

  349. Re:In the strictest technical sense you're correct by jpellino · · Score: 1

    No, it's not.
    Power and unintended consequences come into play in very different ways when you scale things.
    And if someone believes it is just the same thing x 200 or 2,000, they'll be fooled into thinking that scaling a given problem does not change the resulting issues - a potentially fatal mistake.
    And they will fail miserably at solving most larger problems.
    A jetliner crashing is not the same as 200 Cessnas crashing, and vice versa.
    One mosquito in your house does not require the same solution as a million mosquitoes in your house, again vice versa.
    The tabletop model of the Tacoma Narrows Bridge held up just fine, thank you, and could stand in the Narrows until the next ice age.
    The full size one could not.

    This is why the Eames made "Powers of Ten" - because engineers and designers didn't understand that different scales exhibit different challenges.

    Now, back to the original premise to which I responded: that a computer without an OS is functional.
    Technically true, put practically not. A currently shipping retail computer minus its OS is essentially useless for its intended purpose.

    You claimed that paying for the OS the French consumer doesn't want was impractical, I claimed that it's really just a matter of a few bucks, the effort to install the OS of your choice is the same. At that point your links to the definition of 'practical' all mentioned pratcice or action, none mentioned monetary value.

    You changed the rules - you scaled the problem by an order of magnitude, and now to an entire country. Which changes the problem from that original consumer in France who doesn't want to pay for Windows if they don't like Windows.

    At that point, it does become a different scenario with many more times the challenges than that consumer in France. For your mega-scale scenario, cost becomes a major issue (along with about a hundred other things that consumer in France won't ever have to consider).

    For that consumer in France, the cost difference is a matter of the price of a pair of sneakers.
    For an entire country, that amount of money could become the price of a new school - and in this example - it's pretty clear that costing a country a school isn't just a larger version of an end user who doesn't get another pair of sneakers.

    But back to the original position.

    Pre-installed or not, he still has to install the OS of his choice to make the computer functional if he wants "no Windows".
    It's the same effort - there will be no change in the action needed for the consumer even if UFC wins this case and they have to sell PCs sans OS.

    So Pierre still has to do all the same heavy lifting as before, bundle or no bundle. And oh yeah, he's out $50. That's where I originally supposed that the consumer / UFC wasn't arguing practicality, just money. Even the original suit claims it's about reimbursement for unwanted OS, and makes no mention about the action the end user is still going to have to expend if they get their way.

    But hey - if you still feel the four-letter-word-approach is working, good luck with that.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
  350. Or a third option... by Duggeek · · Score: 1

    ...which would be a'la mode. (Don't any of you try to sue me if you stick ice cream in your new PC ;)

    What I mean is, provide a multiple-choice solution for customers; give them more than just one OOB (Out Of Box) option.

    The current OOB model:

    • Customer purchases PC online, defaulting to Windows pre-installed.
    • Customer receives PC, takes it out of the box, plugs it in and turns it on.
    • Customer is faced with one OOB experience; setting-up Windows XP.

    This, I believe, is the concern that the French are trying to voice.

    Now, consider this model:

    • Customer purchases PC online, defaulting to "a'la mode" package.
    • Customer receives PC, takes it out of the box, plugs it in and turns it on.
    • Customer is granted options from a proprietary HP bootstrap; Windows, HP-UX, or [insert linux distro here]. In fact, HP could add some serious value by adding options that are dynamically allocated online. That is, the HP bootstrap would check for Internet (not a problem, since HP-assembled system has predictable hardware) and "call home" to find the current selection of network-stub platforms. With the volatile nature of the Linux community at present—ahem... Novell—having a dynamic selection would be in their best interests.
    • Customer selects preferred platform and enters respective installation routine. At any time, the customer would be able to re-initiate the HP bootstrap to begin the process anew. This could be DVD, CD-ROM set, USB key or host protected region.

    How does this mitigate French law? Simple! It breaks the "anti-trust" nature of a 1:1 product offering (1 machine, 1 platform) and gives the choice to the consumer.

    Frankly, I think HP would do well to consider a "paradigm of choice" rather than allow their consumer line of PC's getting pimped my Mr. Ballmer to continue. Poor Spitzmuller, he's just doing his job. (though he is basically a lawyer)

    --
    This post © Copyrite Duggeek, all rights reversed.