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Microsoft Laptop Recipient Auctioning Laptop

Salvance writes "While most bloggers who received the controversial Vista powered Acer from Microsoft are keeping them, Laughing Squid has decided to auction off his free laptop from Microsoft and donate all proceeds to the The Electronic Frontier Foundation. (EFF) He saw this as a great opportunity to support a worthy cause, and some other bloggers are following suit. What's funny is that Microsoft is now backpedaling and telling bloggers to send back the laptops. Do they even have a legal right to do so?"

27 of 363 comments (clear)

  1. huh by Swimport · · Score: 4, Insightful

    For the price of these laptops they could have sent out complimentary Vista discs to thousands of these so called influential people.

    1. Re:huh by Umuri · · Score: 2, Insightful

      Um, i think what you mean is that for the price of ONE of these laptops, they could send out vista discs to thousands of influential people. You do realize their ONLY production cost when giving out freebies on vista is the cost to press a dvd/cd/whatever it is stored on.

      --
      You never realize how much manually made unmanaged "linked" lists suck, till you have src.link.link.link.link...
    2. Re:huh by dominique_cimafranca · · Score: 5, Insightful

      Given Vista's steep hardware requirements, I doubt if just sending out CDs would have done much good.

    3. Re:huh by mrchaotica · · Score: 4, Insightful

      If Microsoft wasn't so bent on keeping everything proprietary, there really would only be the cost of the media. Look, for instance, at organizations like Debian -- you don't see them paying for "key management," now do you?

      --

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

    4. Re:huh by kripkenstein · · Score: 3, Insightful

      Um, i think what you mean is that for the price of ONE of these laptops, they could send out vista discs to thousands of influential people. You do realize their ONLY production cost when giving out freebies on vista is the cost to press a dvd/cd/whatever it is stored on.

      No, that's not true... think of the loss of potential revenue. Those people would have paid $300 or so per copy, which is money out of M$'s pocket... food off of their plate... money that rightfully belongs to them. Just like when you pirate a movie - regardless of whether you would have seen it legally or not - that's money that the MPAA immediately feel the loss of, when they can't afford to send their kids to college anymore.

      ("dvd/cd/whatever it is stored on" - it's a DVD. It has to be, since all Vista DVDs have both 32 and 64-bit versions on them, as well as all the functionality of 'Vista Ultimate', which you need to pay more for to 'unlock'. So you see, the additional 'Ultimate' functionality is already on the DVD, but if you don't pay extra for it, you are taking money off of Microsoft's plate... food out of their pocket... um... or something)

    5. Re:huh by node+3 · · Score: 4, Insightful
      That's like saying if it weren't for car thieves necessitating keys and alarm systems, then the price of cars would only be the cost of the materials that go into it.
      It's possible to steal a car (and it happens quite often). It's impossible to steal Windows (and has never happened, ever).

      Unless you simply mean stealing the physical disc, which the key doesn't really do much to prevent.

      Copyright infringement != theft.
    6. Re:huh by kasperd · · Score: 4, Insightful
      That's like saying if it weren't for car thieves necessitating keys and alarm systems, then the price of cars would only be the cost of the materials that go into it.
      If I was going to buy a car, it would be in my best interest to have a good lock on the car. If I was going to buy an operating system, it would not be in my best interest to have loads of artificial restrictions in the operating system.
      --

      Do you care about the security of your wireless mouse?
    7. Re:huh by Aim+Here · · Score: 4, Insightful

      Economics lesson.

      The COST of cars is the price of the materials that go into it, plus the cost of the labour required to make and of the resources required to move it to where it is to be sold. There's also a single one-off fixed cost to begin with that relates to the factory the car is built in, plus the cost of designing the car, plus some other small sundries. Those one-off costs become less and less important, the more cars you sell.

      The price is the cost plus the profit.

      Now with a copy of some piece of software, the price of the materials, the labour required to make it, and the resources required to move it is either the cost of the box and the media it comes on (i.e. very cheap) or the price of letting the internet distribute it (i.e. more or less free). There's still a one-off fixed cost, which is the cost of writing it in the first place, but that becomes less and less important as time goes on, just like the cars. Besides, it's eminently possible to get those fixed costs taken care of for more or less nothing too. Linux does it. GNU does it. (Free|Open|Net)BSD does it. You get the picture. The reason that they're generally free (as in beer) and Windows isn't is precisely because they've relaxed the need to cover the fixed costs (and, of course, curbed Linus' immense lust for profit and power) by using copyright law to proprietarise software.

      Price again, is cost + profit. In this case, with the proprietary locks on, the profit margin is immense, because the marginal cost of what Microsoft sells is next to nothing, and that is why Bill Gates is the richest man in the world.

      Your particular analogy is broken because a) you confuse cost with price and b) ten cars costs roughly ten times as much to make (given the initial investment in making a car factory) as one car, whereas ten copies of windows costs roughly the same to make as one copy of windows (barring the fixed costs, again). The price of both cars and software is cost + profit; however with software, the cost is next to 0, and the profit only exists because of the existence of the proprietary 'locks'.

      Hope this helps.

    8. Re:huh by arkanes · · Score: 4, Insightful

      Without a *prior* contract in place, anything anyone sends to you in the mail is yours, free and clear. This is due to an old mail fraud scam, where you'd send someone magazines, or books, or whatever, and then bill them for services rendered. Shrinkwrap licenses don't work (because courts and lawmakers actually gave a shit about that kind of deceptive marketing 100 years ago). So if Microsoft sent people a laptop, if they didn't have a contract *before they sent it*, then they just gave away laptops. That's why the Microsoft letter says "give away or return", and that's why it's just spin anyway. Corporations don't give stuff like this away "just for fun". You can bet that it's entered on a balance sheet as "goodwill" somewhere. But you aren't supposed to be so obvious or extravagant with your bribes, so they're taking heat and they're trying to spin out of it.

  2. Re:Can they ask for them back? Yes. by Timesprout · · Score: 4, Insightful

    Well given that Microsoft clearly said they could be sent back or given away when they gave them out initally of course they can. Also Microsoft have not asked for the latops back. They asked that they be given away or returned to them when reviewed, very big difference.

    --
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    What truth?
    There is no dupe
  3. Re:Hey by Opportunist · · Score: 2, Insightful

    For reference, see SCO and their trialmania.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  4. Re:Can they ask for them back? Yes. by Anonymous Coward · · Score: 2, Insightful

    The kicker is how they received it and what the prior to receipt emails constitute. I went through a bunch of blogs and most just say they received it but not how. One simply said a courier arrived (suggesting not USPS) but one did specifically mention DHL. So the below may not apply....

    In the ENTIRE United States, if MS sent the item by the POSTAL SERVICE without contacting them first, it's considered unsolicited merchandise. And they can keep it.

    http://www.usps.com/postalinspectors/fraud/merch.h tm

    Not only that, it's considered ILLEGAL practice by Microsoft to do so in the first place if by USPS, not sure if in general though (someone may want to look into that).

    Not to mention, insisting that you return it MAY also be illegal (if received by USPS) esp. if they demand it, since they are under no obligation to do so, and if they are asking you to incur some debt to return the item.

    Note that I'm aware that companies do this all the time by sending stuff to reviewers in hopes of getting a review posted. There is a private courier versus postal system distinction here it seems, so this all may not apply. Furthermore, it's not clear what sending you an email and you replying with your address constitutes--are you agreeing to solicitation or not?

    It seems it depends on what the PR department said or contacted the blogger; if they say "gift" or "present" then my guess is that the blogger can do whatever. However, it does not seem that all the bloggers had the same communication with MS (not to mention received the same thing).

    Regardless, this is great. MS tried to buy off bloggers. Bloggers blow who tried to pay them off with gifts. Bloggers give Vista bad reviews. MS tries to STUPIDLY backpeddle, thus making it more public that they tried to pay off the bloggers, have a crappy OS, and now have sour grapes and want their crappy OS back, showing their immaturity at reaping what they sowed, crappy PR, and anti-competitive tactics.

    Win. Win. Win. Win.

    Now, if you'll excuse me, I'm going to buy myself a MacBook.

  5. I think your bias is getting in the way by ctid · · Score: 2, Insightful

    The article isn't misleading at all. One blogger has decided to auction his laptop and give the proceeds to the EFF. Separately, Microsoft has decided that keeping the laptops is no longer an option. That's how I read the article summary. On reading the linked articles it becomes clear that they are concerned about the conflict of interest so they either want them back or they want them donated to somebody else. All of this seems reasonable (if a little odd) to me. The only unreasonable thing about the whole affair is that Microsoft didn't seem entirely clear about what the conditions should be when they sent out the laptops.

    --
    Reality is defined by the maddest person in the room
    1. Re:I think your bias is getting in the way by node+3 · · Score: 2, Insightful

      Actually, it's sillier than that.

      He actually *is* giving the laptop away. He's giving it (the monetary value) to the EFF. He's not profiting from it directly at all.

  6. Re:Can they ask for them back? Yes. by nacturation · · Score: 2, Insightful

    But must they be returned? Probably not. In must places, unsolicited gifts cannot have strings attached. If someone sends you something in the mail, it is yours, even regardless of what is included in it. This is to prevent people from sending out "valuable" product unsolicited and then demanding payment. This means that if someone in the shipping room makes an error and send out actual valuable product to the wrong person, typically that wrong person is under no obligation to return it. Check out the letter that Joel [on Software] Spolsky got. Here are the key quotes:
    • "I'm working on getting some hardware out to key community folks, and I'd like to offer you a review PC."
    So right away we know its purpose is as a review PC and that it's being offered, conditional upon acceptance by the blogger.
    • "Also, you are welcome to send the machine back to us after you are done playing with it, or you can give it away on your site, or you can keep it."
    Additionally, this lays out a gentleman's agreement on what can be done with the laptop: send it back, give it away, or keep it. Of course, I'm assuming that all bloggers got a similar letter. So this wasn't an unsolicited gift. They get a letter saying "Hey, I'd like to send this to you... do you agree?" and if they say "Yes, send it" then they should adhere to the gentleman's agreement they made. Does it have any legal teeth? Maybe... or maybe not. But who cares? Selling or auctioning it off, regardless of where the money goes, is not part of what they accepted the laptop for and behaving in such an apalling fashion doesn't seem honorable in the least.
    --
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  7. Re:They hate M$... by pandrijeczko · · Score: 3, Insightful
    Actually, his point is well made because Slashdot is already infested with far too many fanboys who seem to forget that Apple is out to make just as much money as Microsoft wants to.

    And the sooner these fashion followers/brand junkies start making informed decisions about what to spend their money on then the better it will be for the rest of us - because then these corporations need to start creating good, value for money products rather than something with a pretty logo on it.

    And as for your post, sitting there in your anonymous little dark cupboard ready to just throw abuse at anyone who posts something you don't personally like (perhaps you're a fanboy yourself?) is trollish behaviour if ever I saw it.

    --
    Gentoo Linux - another day, another USE flag.
  8. Re:This article needs to be changed. by db32 · · Score: 5, Insightful

    Unfortunately that tends to be "We are going to lose, but don't know it" speak. I wonder how many politicians have been elected on the platform of "We don't have to lie because we are better" great...and you also aren't elected so your policy of not lying really means about squat because the guy who is telling all the lies is the 'decider'. Not that I really advocate lying here, just playing devil's advocate a bit.

    --
    The only change I can believe in is what I find in my couch cushions.
  9. Re:unconcious bias by Gregory+Cox · · Score: 3, Insightful

    But there are other benefits to Microsoft besides unintentional bias.

    Just having enough influential bloggers get used to using Vista and writing about it may well help to increase its popularity by word of mouth (assuming it's not actually dramatically worse than XP). This is the "first hit is free" or "cinema preview" effect.

    Letting bloggers who are likely to try Vista use a super-fast PC to give them the best possible user experience is also likely to cut down on negative comments.

    At this stage, when Vista adoption rates are not yet decided, Microsoft would be happy to give away Vista machines or even pay people to take them. But that looks too much like bribery, which is bad PR, and it looks like they backtracked because they realised that.

    In retrospect, they probably should have only sent out review copies and asked for them to be sent back, to get the positive effects of publicity without the accusations that they were trying to buy good reviews.

    --
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  10. Re:This article needs to be changed. by eeyoredragon · · Score: 3, Insightful

    Thank you... I hear this all the time in political/religious discussions. "Well, X side spreads so many lies, we're at a disadvantage, so if we exaggerate from time to time, it's ok because it balances out!"

    Balances out? How about instead of the world coming down to their side or your side, it comes down to what's true and what isn't true?? And if so, how is putting out even more false information balancing anything out?

    And if that isn't working... quite frankly, if you're the underdog, participating in falsifying information is especially risky from a pragmatic point of view. Why break the status quo to adopt the thinking of someone you've caught repeatedly lying/exaggerating to you? Cynicism and the idea that you can't trust any side generally seems to eventually beat people down into just accepting the status quo: which is not you.

  11. Re:This article needs to be changed. by false_cause · · Score: 2, Insightful

    I estimate zero. All politicians lie.

  12. Re:Can they ask for them back? Yes. by Golias · · Score: 2, Insightful

    He's not giving it away, he's selling it. What he does with the money doesn't change that.

    If a blogger wants to write a savage review of Vista, that's awesome. I hate Microsoft, and enjoy seeing them fail.

    If a blogger wants to donate his own money to the EFF, that's also awesome. The EFF rocks, and deserves our support.

    If a blogger wants to sell something which he accepted on the condition that he would "return, give away, or keep", that's dishonest.

    --

    Information wants to be anthropomorphized.

  13. Re:This article needs to be changed. by Orange+Crush · · Score: 4, Insightful
    I thought that the open-source community was suposed to be better.. There are no fan-boy-fanatics, (RMS aside)

    Every community has its fanatics. It just comes with the territory when dealing with people. Whether it's a religious, political, social or technological faction; there are foaming-at-the-mouth busybodies with agendas and megaphones and there are reasonable rational participants. In most cases, the fanatics are only a tiny minority. They're just a lot louder.

  14. Your analysis is faulty by MarkusQ · · Score: 3, Insightful

    If your goal is to spread truth (e.g. if the main reason you oppose X is that it is based on / spread by lies) you may find yourself faced with just the sort of decision you describe. But you have mischaracterized the alternatives. Your actual options are:

    1. Continue to insist on the truth, even though your opponent's lies may give them an edge and thus you might lose.
    2. Start lying as well, in which case you automatically lose.

    Remember, winning the battle is a means to an end. If you do something to "win" the battle that prevents you from obtaining your ultimate goal, it does your cause more harm than good.

    --MarkusQ

  15. Global warming shows danger of exaggerating by alexhmit01 · · Score: 2, Insightful

    The environmental left, which seems to be run by anti-capitalist intellectuals and the general misfits, though the foot soldiers are normal caring people that want to leave the world better, not worse, adopted the Marxist/Leninist ends justify the means, and it blew up in their faces. For example, there is now pretty much incontrovertible evidence that humans ARE causing an unprecedented shift in certain chemicals that tend to correlate with climate change in the past, and evidence that we are causing climate change. However, the champions of this are the same malcontents that championed global cooling, zero population growth because we were going to run out of food, and other problems that do not exist. They BLEW there credibility.

    The peak oil analysis is interesting (I don't agree, I think that the Saudi Prince put it best, the stone age didn't end because people ran out of stones), but the market is more resilient than the "keep trends constant" analysis that it does, and ignores that as the long-term price goes up (not short-term spikes), certain fields become profitable and oil flows, in addition, alternative energy sources that weren't viable at $20/barrel are at $40, more are at $60, and at $80-$100/barrel, a whole bunch of technologies championed by environmentalists become economically viable.

    However, when you blow your credibility, then people trust you less. Fighting Microsoft on the business communications front is stupid, that is their strongest point. They have never hit their shipment or technology targets, never released innovated software, but they DO put out roadmaps and communicate well. Fight them in software land, and keep nibbling their market. Remember, software is a high fixed cost, zero marginal cost game, every lost sale to them comes directly off the bottom line, weakening them for the next round. It costs the same to develop NT 7.0 whether they hold 95% of the market or 80% of the market, so losing 15% of the market no doubt hits profits by 30% of more. It's a game of inches.

    However, if you blow your credibility, its REALLY hard to get it back. Microsoft's Cairo and Longhorn debacles have strained their credibility, which is why both Linux and OS X are making strides, Microsoft's miss-execution invited competition. There is no need to blow your own credibility.

    1. Re:Global warming shows danger of exaggerating by MECC · · Score: 2, Insightful

      The environmental left, which seems to be run by anti-capitalist intellectuals and the general misfits, though the foot soldiers are normal caring people that want to leave the world better, not worse, adopted the Marxist/Leninist ends justify the means, and it blew up in their faces. For example,there is now pretty much incontrovertible evidence that humans ARE causing an unprecedented shift in certain chemicals that tend to correlate with climate change in the past, and evidence that we are causing climate change. However, the champions of this are the same malcontents that championed global cooling, zero population growth because we were going to run out of food, and other problems that do not exist.

      Actually, scientists also "championed" global climate changes being correlated to rising CO2 levels. The above statement almost lumps them in with all anti-capitalist leftists. Some hippie scientist also 'championed' the idea that the earth revolved around the sun at a time when it was politically unsavory . He paid for it in the short term, but he was still right, and the lies of his opposition ultimately caught up with them.

      The interesting thing about the environmental commie leftists is that now George w. Bush has to start agreeing with them, at least with respect to polar bears. But, polar bears may stage a comeback and totally blow the hippies' credibility out of the water. One can only hope.

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
  16. Re:Can they ask for them back? Yes. by node+3 · · Score: 2, Insightful

    He's not giving it away, he's selling it. What he does with the money doesn't change that. Yes, it does. You might have a point if he sold it, then later decided to give the money away. But he's already promised the proceeds to charity. Functionally, it's no different than had he donated the notebook to the EFF directly for them to auction off.
  17. Re:This article needs to be changed. by drinkypoo · · Score: 2, Insightful
    Unfortunately that tends to be "We are going to lose, but don't know it" speak. I

    This is not a zero sum game. It's not a win or lose thing. By participating in open source we create more points so that we can all win.

    Yes, Microsoft is trying to crush open source. No, I don't think they have a hope in hell. No, I don't think we can sit around and do nothing to resist them. No, I don't think we have to lie. I think our best hope lies in pointing out the obvious contradictions and lies they're making. You don't see politicians do this (for the most part) because they are almost all liars. They can't go pointing out the lies of others, because they live in glass houses themselves. The tactic is simply not available to them.

    --
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