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Mozilla Is Investigating Why Dell Is Charging To Install Firefox

An anonymous reader writes "Dell is charging customers £16.25 ($27.18) to install Firefox on a newly purchased computer. We contacted Mozilla to find out more. The company told us it is investigating the issue and denied it has any such a deal in place. 'There is no agreement between Dell and Mozilla which allows Dell or anyone else to charge for installing Firefox using that brand name,' Mozilla's Vice President and General Counsel Denelle Dixon-Thayer told TNW. 'Our trademark policy makes clear that this is not permitted and we are investigating this specific report.' Dell has responded by saying that this practice is okay because the company is charging for the service and not the product."

306 comments

  1. Is that legal in the UK? by mmell · · Score: 1

    I'm pretty sure it's illegal in the United States. If our law is ahead of yours, you guys are in pretty bad shape!

    1. Re:Is that legal in the UK? by mmell · · Score: 5, Insightful
      Oops, just reread. Yeah, they can charge for the service of installing Firefox - they're not selling the browser, they're selling the effort to install it.

      How dull do you have to be to pay someone to do this for you?

    2. Re:Is that legal in the UK? by fustakrakich · · Score: 5, Funny

      Shhh! Don't kill my golden goose!

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      Some people are pretty daft and just chose to install everything dell through at them to get through the questions. after reading they probably felt dumb and decided to complain on the internet with the broswer they paid $27 dollars for to at least get something out of it considering they will probably remove it and use IE anyways...

    4. Re:Is that legal in the UK? by sunderland56 · · Score: 4, Informative

      How dull do you have to be to pay someone to do this for you?

      Most corporations have entire departments of employees, who they pay just to install programs. And yes, the work is quite dull - but it is best to not annoy or insult your IT people like that.

    5. Re:Is that legal in the UK? by RabidReindeer · · Score: 5, Funny

      Oops, just reread. Yeah, they can charge for the service of installing Firefox - they're not selling the browser, they're selling the effort to install it.

      How dull do you have to be to pay someone to do this for you?

      Consider your average user. Then remember half of them are duller than that.

    6. Re:Is that legal in the UK? by whoever57 · · Score: 4, Informative

      How dull do you have to be to pay someone to do this for you?

      Very, since in the EU, users are prompted to do an automated install of an alternative browser on first use (except those times when the choice was "accidentally" missed out of builds of retail copies of Windows 7 SP1 and Windows 8).

      --
      The real "Libtards" are the Libertarians!
    7. Re:Is that legal in the UK? by ackthpt · · Score: 1

      I'm pretty sure it's illegal in the United States. If our law is ahead of yours, you guys are in pretty bad shape!

      Once again issuing laws to break the balls of businesses! Oh, it's got to be that socialism again!

      Whinge. Gnash. Foam.

      --

      A feeling of having made the same mistake before: Deja Foobar
    8. Re:Is that legal in the UK? by atouk · · Score: 5, Insightful

      I'm pretty sure that OEMs like Dell just use preconfigured master images to flash an install onto a hard drive. The user when he is selecting what to install is the one actually doing all the work, the rest is just a glorified script to create the configured disk. Manually installing the selected programs would take hours per machine. The generated hard drive image takes only as long as the image takes to write to the hard drive.

    9. Re:Is that legal in the UK? by Average · · Score: 2

      Any company that is large enough to have more than one person installing software is large enough to be pushing it out through SCCM or any of a half-dozen other solutions like it. If they aren't, they will be quickly replaced by companies who do employ such solutions. A whole SCCM setup, bare-metal up, is cheaper than even one year of one minimum-wage "next clicker".

    10. Re:Is that legal in the UK? by nobuddy · · Score: 1

      Only the dumb ones. The rest of us operate from baseline images and master repositories/policy based intitial setup scripts.

      Initiate image, add to proper OU, BAM, it has everything that group needs to do the job. Amount of work per unit (after initial setup of the system of course) about 3 seconds.

    11. Re:Is that legal in the UK? by thebigmacd · · Score: 2

      Actually, "average" can refer to the statistical central tendency indicator of your choice...
      http://en.wikipedia.org/wiki/A...

    12. Re:Is that legal in the UK? by Anonymous Coward · · Score: 1

      A large number of desktop support and consulting support people do exactly this, for a living.

    13. Re:Is that legal in the UK? by Rich0 · · Score: 1

      Sure, but bottom line is that you're still paying people to install software. You're paying the person who clicks on the SCCM setup, you're paying for the folks who keep the SCCM running, and so on.

      It isn't like Dell is paying somebody to click buttons either.

    14. Re:Is that legal in the UK? by dnavid · · Score: 4, Insightful

      Oops, just reread. Yeah, they can charge for the service of installing Firefox - they're not selling the browser, they're selling the effort to install it.

      Dell is skating on thin ice, because they aren't installing Firefox. They themselves admit that "the fee would cover the time and labour involved for factory personnel to load a different image than is provided on the system’s standard configuration." In effect, Dell is charging customers to have their PC loaded with image A rather than image B, and that seems much more like "software distribution" than "installation." If a dude was actually sitting in a factory installing Firefox on that machine, Dell could legitimately charge for that service. But that's not what's happening.

      In fact, its common practice for bundled software to be loaded in a pre-installation state, so that the software actually installs and is configured when the user first logs in. If that's the case, then the actual act of installation occurs when the customer first powers the system on. Dell would only be copying the software binaries onto the PC as part of the factory build. And if that's the case here, Dell isn't "installing Firefox" by any reasonable definition of the words.

    15. Re:Is that legal in the UK? by AK+Marc · · Score: 4, Informative

      Yes, that's what "average" means. median is one of the possible averages, and with a normal distribution (how intelligence is distributed), the mean, median, and mode are all equal, and half are above, and half below that number.

    16. Re:Is that legal in the UK? by squiggleslash · · Score: 4, Interesting

      I'm pretty sure it's legal in both countries. The only question here is supposedly whether Dell is violating the Firefox trademark. Dell argues they're not because they're charging for installation. I don't know if that m

      But minus the trademark issue, Dell certainly can charge for copies of Firefox, even if it ends up having to install Iceweasel instead. So can I. It's Free Software/Open Source, shipped under a Free Software/Open Source license, and as long as Dell complies with, for example, any copyleft provisions, it can do whatever it wants and charge whatever it wants. There's a myth that you can't charge for Free Software/Open Source software. That's never been true. Indeed, that's one of the ways the FSF originally funded itself, selling tapes containing copies of GNU.

      --
      You are not alone. This is not normal. None of this is normal.
    17. Re:Is that legal in the UK? by StingRay02 · · Score: 3, Funny

      Installing Firefox is what... 45 seconds? That's £1300 an hour. Now I know how all those commenters make $86,976 a week working from home! They work for Dell!

    18. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      In China, dull people go to retailer and pay 30 RMB for installing Windows XP, 50 RMB for installing Windows 7, pirated version, of course.

    19. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      Oops, just reread. Yeah, they can charge for the service of installing Firefox - they're not selling the browser, they're selling the effort to install it.

      How dull do you have to be to pay someone to do this for you?

      I would say the opposite, how dull and retarded is a company to charge a fee to install a free program? It doesn't require you to be a brain surgeon to figure out how to hit the "install button", and the same for people dumb enough to not hit the "install button".

      I guess the other argument you could make is these users may not be dumb at all, they don't want to take the risk of using IE or Linux distro Browsers
      for free they would be at risk from malware/virus/web kit. But you could find someone to download Firefox for you, or have Dell include it uninstalled.

    20. Re:Is that legal in the UK? by s3cr3to · · Score: 1

      Well, we drive cattle of sheeps and some donkeys, so we the IT-cowboys needs to do it.
      And with this NSA-alike-crap-fox-bugged-to-spy, I wonder if is safe to give trust on Dell.
      --
      "XP 8.1"
      "XP" - the S.O. with Eyes closed and tongue sticking out to "8.1" the bloated-blob expelled from the Gates of hell.

    21. Re:Is that legal in the UK? by Anonymous Coward · · Score: 1

      What in your opinion constitutes an installation? In my experience it's moving files and creating a few registry keys which is exactly what Dell is doing.

    22. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      Sure, but bottom line is that you're still paying people to install software. You're paying the person who clicks on the SCCM setup, you're paying for the folks who keep the SCCM running, and so on.

      It isn't like Dell is paying somebody to click buttons either.

      Please. It's a master disk image. The golden clone image. It likely gets written once a month. That's a fuckload of profit for Dell to charge for this regardless of how they want to label it and they know it. I'm glad Mozilla is investigating this, and perhaps as a result, price gouging for "services" like this will stop.

    23. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      Unless you have an odd number of people being measured. Then its lightly less than half above and half below but thats just details...

    24. Re:Is that legal in the UK? by Anonymous Coward · · Score: 1

      Always awesome when people blow things out of proportion. Dell uses Acronis to image systems during config with whatever image the customer pays for (OEM license with a suite of preinstalled junk usually). Many customers have specific needs beyond the standard image though, so there's an option available to the sales rep called 'Custom Factory Integration' which is basically a template for customization. The template is used to build a custom solution and costs the same regardless of what's included with the exception of some choice software, such as Exchange. A temporary part # is generated from this process and can be named for easy identification, so you might see something like CFI_SW_FireFox_Windows_Install on the invoice with a charge, but in reality, this was just the charge for the customization SKU and the sales rep was nice enough to name the part # something informative. If the customer doesn't listen when they're given the option to customize the system to the nth degree and they say 'oh i just want firefox', then that's the customer's problem. Dell's in the business of making money, not fixing stupid.

    25. Re:Is that legal in the UK? by Hognoxious · · Score: 0

      with a normal distribution (how intelligence is distributed)

      No it's not. IQ scores are, but only because they're frigged to be.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    26. Re:Is that legal in the UK? by Immerman · · Score: 1

      >and with a normal distribution (how intelligence is distributed)

      Do you have a citation for this? Or is that simply how the scale is defined? There's actually *very* few things in the world that fall into anything like a normal distribution - it's the statisticians equivalent of a spherical cow in a frictionless vacuum.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    27. Re:Is that legal in the UK? by mjwx · · Score: 1

      How dull do you have to be to pay someone to do this for you?

      Most corporations have entire departments of employees, who they pay just to install programs. And yes, the work is quite dull - but it is best to not annoy or insult your IT people like that.

      Yes, this is the larval stage of a Sysadmin.

      And yes, they will remember anyone who insults or annoys them.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    28. Re:Is that legal in the UK? by Hognoxious · · Score: 1

      I would say the opposite, how dull and retarded is a company to charge a fee to install a free program?

      Why is making money dull and retarded?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    29. Re:Is that legal in the UK? by HappyPsycho · · Score: 1

      From a legal standpoint, I don't think its that simple.

      Who accepted the ToS? Was it even accepted at all? You can't really do that by just moving files around unless you were relying implicitly on say a site-license, which given Dell is not using these machines internally can't be applicable.

      With all the bloatware that sometimes gets included on PCs you can't get around the need for some sort of license agreement which Dell clearly doesn't have in place. What most seem to be taking issue with is the "hijacking" of the Mozilla brand, if Dell forked Firefox, removing any Mozilla branding and included that version instead there really won't be much argument here. From what I'm seeing this is a trademark dispute, TFA points out the revelent parts of Mozilla's licence agreement with respect to this.

    30. Re:Is that legal in the UK? by Anonymous Coward · · Score: 1

      I don't know if that m

      I think you just violated McDonald's trademark.

    31. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      I think that installing stuff to other people's PC counts as distribution, and that FOSS licenses usually allow to be getting paid for that.
      I also would steer clear of a producer that charges > 3$ for that, if they milk customers for the easiest of installations they will likely milk them at every other possible occasion. Sadly this means I better steer clear of any current PC maker...

    32. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      > The only question here is supposedly whether Dell is violating the Firefox trademark.

      Well yes, that is the key question. And I think they do, which makes it illegal.

    33. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      You're confusing "average" with "mean". Medians are averages. GP is using the word correctly.

    34. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      Actually, Mozilla is alright with forking Firefox and removing branding. In fact, they've been known to insist on it (see Iceweasel).

    35. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      What's to stop anyone from setting up a website that charges you to download Firefox, but claim that nobody is charging you for the browser itself, you're just paying for the delightful user experience (or some other similar 'service' bullshit) of the website you download from?

    36. Re:Is that legal in the UK? by Inda · · Score: 2

      Installing Firefox from home, as a business...

      Open the door. Sign the delivery slip. Carry computer to office/workshop/garage. Boot computer. Phone customer for admin username and password. Insert USB stick. Install Firefox. Return computer to customer. Invoice and complete paperwork.

      It took me more than 45 seconds to type that.

      No one is becoming a millionaire from installing Firefox.

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    37. Re:Is that legal in the UK? by Andtalath · · Score: 1

      Only when you install windows yourself unless I'm mistaken.

    38. Re:Is that legal in the UK? by SJHillman · · Score: 3, Insightful

      You forgot the 10 seconds to make sure it opens and the 5 seconds to make sure the homepage is something with ads that make Dell more money.

    39. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      That's also how these firms slapped vista onto machines below the minspecs back in the day.

    40. Re:Is that legal in the UK? by MightyYar · · Score: 1

      That's like $5! Outrage!

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    41. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      I believe they wrote a package installer which probably doesn't comply with this:

      "You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. "

    42. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      Doesn't that kinda miss the point, though? I mean, effort is effort, whether it's building an image or installing the program one time on one computer.

    43. Re:Is that legal in the UK? by helix2301 · · Score: 1

      A lot of hardware venders make money on installing the bloatware. I remember when I was building pcs for company right after college we used to install AOL on everything cause AOL payed the company. We installed eBay shortcuts, Nortain AV anything just to make a few extra dollars on computers. Dell has been hurting financially they probably need extra cash.

    44. Re:Is that legal in the UK? by TapeCutter · · Score: 1

      From what I'm seeing this is a trademark dispute

      Exactly, charging for an install is not permitted under the license agreement for using the FireFox trademark in their marketing material. Dell can keep charging whatever they want for it if they stop using the trademarked name.

      It's also pretty clear from the summary - "Our trademark policy makes clear that this is not permitted and we are investigating this specific report.
      Also from the summary, Dell responded by changing the subject "saying that this practice is okay because the company is charging for the service and not the product."

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    45. Re:Is that legal in the UK? by omnichad · · Score: 1

      The labor cost of creating this second master image with Firefox had to be paid for - split between BOTH people who actually paid for this.

    46. Re:Is that legal in the UK? by PhilHibbs · · Score: 2

      Who builds the scripts and images? There is effort involved in building an image that has Firefox on it. If Dell feel they need to charge in order to recoup the cost of that effort, rather than offering it free as part of the value of their service, then that's up to them. The market will decide whether that is reasonable or not. I don't see how this could be illegal, they aren't using the trademark in the sense of branding them as "Firefox Laptops".

    47. Re:Is that legal in the UK? by bws111 · · Score: 1

      However, the question is: what authority does their 'trademark license' carry? Trademark law is not copyright law. Things like the GPL and EULAs rely on copyright law, where the 'default' position under the law is 'you must have permission to distribute or make copies'. You don't agree to their terms you don't get permission. Trademark law is not like that. Under trademark law you do not need permission to refer to something by it's trademarked name. So what force does their trademark policy carry?

    48. Re:Is that legal in the UK? by graphius · · Score: 1

      there are some clueless people out there. I once charged someone to install a mouse. Granted it was a house call, and I had to cover my gas as well as my time, but still...

    49. Re:Is that legal in the UK? by the_other_chewey · · Score: 1

      You are mistaken. As it happens, I just helped with a "first boot" of a
      new EU-bought laptop yesterday that came with Win 8 preinstalled:
      A browser selection screen was part of the initial config procedure.

    50. Re:Is that legal in the UK? by GerbilKor · · Score: 1

      I did this as an IT guy for a small ~150 employee company. Even without imaging or client management software it is trivial. Just put executables on a network drive and run an install script with the 1 or 2 command line switches for each installer.

    51. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      Do you have a citation for this?

      http://lmgtfy.com/?q=iq+distribution+chart

    52. Re:Is that legal in the UK? by leuk_he · · Score: 1

      Asking money for a service would be fine. The simple checkbox is not free. Dell even failed to deliver linux because of the support issues. Linux is also free.....

      There are people who sell download links to popular open source software. They charge you for the service Of provinding hosting/pointing to the download.

      The cost might be minimal, or might be exceptional (monthly fee of 20$ or so). That clearly is a violation of the trademark.

      The mozilla/firefox trademark says you can provide a service, BUT "You must provide a prominent statement that (i) the Mozilla product is available for free and link directly to our site; (ii) the purchase, download, or acquisition of your service is separate from the download of the Mozilla product; and (iii) your service is not affiliated with Mozilla."

      I cannot find firefox from dell from my current location, but I bet dell is not very clear about this that this is a service. If that was the case no issue was brought up.

      They do sell "firefox installation" 17 $/pound... firefox laptop of firefox t-shirt or firefox installation.... i do not see a difference....

    53. Re:Is that legal in the UK? by andydouble07 · · Score: 2

      I present to you a fine collection of straws, which you may feel free to grasp at.

    54. Re:Is that legal in the UK? by nmr_andrew · · Score: 1

      But isn't this (almost) the opposite of what you're talking about? Granted, Dell is making some $ the slimy way by charging to do a quick and easy install of free software that I could probably walk my mom through, but:

      All that bloatware you mentioned made money for Dell, etc. because Ebay, Norton, etc. paid Dell to make sure that their software was installed with a prominent icon on the desktop. I don't think this ever increased the cost of a PC to a buyer (ignoring the time and effort to remove said bloatware). In this case, Dell is charging to install Firefox and then pocketing the $ directly, which skates awfully close to charging for FF, and Mozilla sure isn't seeing on pence of it.

    55. Re:Is that legal in the UK? by BattleApple · · Score: 1

      It's the other way around. Mean is average. Median is just the number in the middle.

    56. Re:Is that legal in the UK? by mmell · · Score: 1
      Bastard.

      You're right, of course.

    57. Re:Is that legal in the UK? by mmell · · Score: 1
      Seconded. Trademark law forbids Dell from charging money for Firefox. The license assertion that nobody can charge for providing a service if that service includes the installation of their product is pretty slim - that's like an auto parts manufacturer stating that any mechanic installing their parts in an automobile must be licensed by them.

      Yes, terrible metaphore. All metaphores are terrible.

    58. Re:Is that legal in the UK? by mmell · · Score: 1

      I got paid once by an IT firm to perform a single one-hour task. I installed Solaris 2.6 on a SPARC-20. They paid me $65.00 for my time, and this was back in the early 1990's. I stuck a CD in the drive and pressed [F2] and [Enter] a lot. I don't think Sun had any problems with this.

    59. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      ImageX is the tool that Dell uses to create their system restore information - and there's a GUI version known as GImageX. There's no reason for even small businesses to pay Dell $27 to preload Firefox.

    60. Re:Is that legal in the UK? by mdielmann · · Score: 1

      The user when he is selecting what to install is the one actually doing all the work, the rest is just a glorified script to create the configured disk. Manually installing the selected programs would take hours per machine.

      That sounds like an interesting script, and I'd love to get my hands on a working one that provides that functionality. Be a sport and whip that up for me, okay? You can just post a link to the file in my reply. Since it's so simple, and making it requires virtually no effort (certainly not enough effort to require monetary compensation), you can just make it available to the general population as soon as possible. I'm sure you have a coffee break coming up with nothing better to do.

      Oh, you like to get paid for the work you do? So does that guy who wrote that script. Also, some people don't want to bother cutting their lawn and will pay a small amount to neighbourhood kids to do it for them. This doesn't make the kids thieves and scam artists - it makes them people providing a service that their customers couldn't bother doing themselves. Something tells me that you won't get a bill for the installation from Dell if you don't select the option and install it manually after you get the computer.

      --
      Sure I'm paranoid, but am I paranoid enough?
    61. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      Yes, that is how the scale is defined.

    62. Re:Is that legal in the UK? by cthulhu11 · · Score: 1

      ... or to understand that the charge is for the service in the first place?

    63. Re: Is that legal in the UK? by Anonymous Coward · · Score: 0

      If any corporation you work for functions like that thier CIO should immediately be sacked.

      A large corporation should be using a base image which can be pushed to all work stations via pxe. Thier line of bussiness apps will already be On said image with enterprise liscensure.

      If any new software or updates need to be issued this is accomplished through servers like SCCM, NAC, and WSuS utilizing 1 or 2 techs and a button click.

      ShadowFoxx

    64. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      I don't normally come out guns blazing but ...
      that is horseshit.

      I work in IT, and while I am not technically part of the service desk/desktop support group I work in a small department so we all chip in sometimes. They used to do all this by hand, it would take hours per computer installing all the software needed, sometimes almost a whole depending on what was needed.

      I spent a little over an hour writing a bunch of scripts that did the same thing automatically. To reiterate I spent less than it takes them to do one computer to produce an automated system that does it for them as often as they want. Now the time it took the computer to do it was the same, but the tech didn't need to stand there clicking through stuff.

      Then as we started getting more machines and more diverse machines, I made scripts to make the actual computer images so they could just reformat and reinstall, or install when new ones came in easily and it cut our mean time to deploy individually to almost about 2 hours and cut to deploy to the whole office at once from weeks to days. It required a little up front work with drivers and whatnot for new unique machines and a little work at the end, but it massively overhauled the entire system.

      So yes they perhaps deserve to be compensated in some way, but its still just price gouging like this.

    65. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      Your lawn analogy is bad, those kids are performing the same amount of work every time. Even if they had a robot that did the lawn cutting, transporting and fueling it would cost some.

      For a script its made once works for instances at that point. Sure some further updates may be necessary at points, but its not that difficult. And while I admit I can't produce it, using autohotkey, I whipped up a script in about 2 hours that would automatically install firefox, the corporate virus scanner, printers, and a couple other pieces of software that were standard on computers, its really quite trivial. And there are better ways to do it, I just had to do it that way as I was required to do the work, but they wouldn't give me access to the windows configuration manager. It turned a half a day of clicking through windows into 3 seconds of starting it up.

    66. Re:Is that legal in the UK? by Anonymous Coward · · Score: 0

      Who builds the scripts and images? There is effort involved in building an image that has Firefox on it. If Dell feel they need to charge in order to recoup the cost of that effort, rather than offering it free as part of the value of their service, then that's up to them

      Ha! Their adding dirty shovelware and trial Office and Antivirus software doesn't cost ME a cent, and makes them money. And there is so much of it you almost feel like it's a useless cableco channel bundle. That is completely free? Picking image A against image B in the custom build choices... must cost them less in accident risk and personel wages than swapping CPUs and RAM

    67. Re:Is that legal in the UK? by davewoods · · Score: 1

      ?!?!!!!??????

      The ACTUAL procedure.

      Customer does not want Firefox installed:
      When loading the image for the system, select the "No Firefox" image.

      Customer wants Firefox installed:
      When loading the image for the system, select the "With Firefox" image.

      Estimated time difference: .8 seconds.

  2. First?? by Cutting_Crew · · Score: 0

    can't someone just install firefox themselves? It would take like 1 minute tops.....

    1. Re:First?? by Anonymous Coward · · Score: 1

      The average Dell user probably isn't smart enough to do it themselves. The people who would pay for this are the same ones who have 20 tool bars and click on every "You won" and smiley face ad they see while browsing.

    2. Re:First?? by dittbub · · Score: 4, Informative

      Is this really on the consumer side of dells sales? I've definitely seen it on the corporate side of their "premier" website. They also charge 6$ for a bunch of individual bios changes. If you're a big company getting a fleet of PCs and IT labour is at a premium then yeah it might be worth having Dell configure them instead.

    3. Re:First?? by Hamsterdan · · Score: 4, Informative

      If you're a big company getting a fleet of PC, you normally deploy images on them, so IT costs are pretty much the same to build the image, or build the image+firefox

      --
      I've got better things to do tonight than die.
    4. Re:First?? by sjwt · · Score: 4, Funny

      Evner better, can't we now hit Dell up for a blank PC and expect to save like $400, after all if they aren't installing all those crap bloatware programs of theirs on it, at $30 a pop..

      --
      You have 5 Moderator Points!
      Which Helpless Linux zealot/MS basher do you want to mod down today?
    5. Re:First?? by Joe_Dragon · · Score: 1

      wow that used to be free.

      But I think dell has tools that can be used to set bios stuff. But they don't work if the image does not work with the default settings.

    6. Re: First?? by Anonymous Coward · · Score: 2, Insightful

      As someone who works in a repair shop I'll be the first to say that people are idiots. Sure they can manage to install programs, they manage to install every crap tool bar and fix it software know to man. The problem is that many people can't seem to find programs like Firefox without clicking on a crap ad or going to a link that bundles Firefox with even more crap software. Don't even try to tell them to type a Web address in to find it either. They usually type it into a search bar and find even more crap. Nothing is more frustrating then telling someone to type a website into the address bar to do remote support only to find that they're typing the address into conduit.

    7. Re: First?? by Scowler · · Score: 3, Insightful

      There are still quite a few customers out there on satellite or dial-up modem service. Firefox install image is pretty small but still probably annoying to download at 56k baud.

    8. Re:First?? by Anonymous Coward · · Score: 5, Funny

      You have 5 Moderator Points! Which Helpless Linux zealot/MS basher do you want to mod down today?

      I do have mod points, and you seem to be making yourself a tempting target. Please don't tempt me to abuse my powers.

    9. Re: First?? by Anonymous Coward · · Score: 0

      This just shows that crapware has done a better job of making their software easy to install than other software packages. Pandering to the idiots has aproven track record of being successful.... Just look at the spam in your junk folder for local proof.

    10. Re:First?? by murphtall · · Score: 1

      the sort of user not smart enough to do it for themselves likely wont know what firefox is

    11. Re:First?? by Delarth799 · · Score: 1

      They probably think it's some sort of anti-virus or computer protection program.

    12. Re: First?? by Anonymous Coward · · Score: 0

      There are still quite a few customers out there on satellite or dial-up modem service. Firefox install image is pretty small but still probably annoying to download at 56k baud.

      Fuck 'em. They're on dial-up. They're used to waiting.

      Yeah, truth hurts. Suck it. I dare you to find a modem somewhere, try and connect to your favorite website, and see how well your attention span holds up.

      Seriously people. It's 2014. For fucks sake, I'd say get with the times if the times didn't happen so damn long ago. I've had broadband since Jesus was on the fight card in South Park.

    13. Re:First?? by SeaFox · · Score: 1

      They probably think it's some sort of anti-virus or computer protection program.

      I'm still waiting for someone to come out with a malware app named "Foxfire". Considering how often I hear people call Firefox that they would lock up a nice number of PCs before anyone had it figured out they were downloading the wrong application.

    14. Re: First?? by richy+freeway · · Score: 1

      I work in a repair shop too. Here's an example of one machine we had in and a customers ability to install EVERYTHING. http://i.imgur.com/FrEpEPO.jpg

      Yes, more toolbars than actual browsing area.

    15. Re: First?? by jones_supa · · Score: 1

      Nah, that's one of those joke pictures where someone installs all the possible IE toolbars.

    16. Re: First?? by Anonymous Coward · · Score: 0

      I don't know if that image was a joke or not, but I have dealt with people who have at least 1/3rd - 1/2 the available area taken up by various tool bars. Most of which they don't actually use, but neither seem able to remove themself, nor able to ask someone else to do it.

    17. Re: First?? by richy+freeway · · Score: 1

      Nope, that's a 100% genuine screenshot taken from a customers machine. It's an extreme case, yes, but shit like this does happen.

    18. Re:First?? by Rhipf · · Score: 1

      Sure they don't charge you $30 for each of those programs but then they also have to charge you $50 for the lost revenue they get from the program company to put that bloatware on your computer. ;-)

    19. Re: First?? by nmr_andrew · · Score: 1

      I'll vouch for that, my MIL's computer looked almost exactly like that the last time she complained about it being slow. Granted, the teen/tween age nieces had been on their installing lord knows what as well, but there were at least 8 toolbars.

    20. Re:First?? by bhiestand · · Score: 1

      If you're a big company getting a fleet of PC, you normally deploy images on them, so IT costs are pretty much the same to build the image, or build the image+firefox

      ...And it would be entirely reasonable for a company to pay Dell $6 per PC to enable PXE boot, AHCI, Vt-d, or whatever on all those systems in advance.

      --
      SWM seeks new sig for a brief fling
  3. Not illegal to charge for a service by js3 · · Score: 3, Insightful

    Someone is willing to pay me 16$ to install firefox, why would the firefox terms and conditions apply to me? I'm not selling their product.

    --
    did you forget to take your meds?
    1. Re:Not illegal to charge for a service by ThatsMyNick · · Score: 1, Insightful

      You are free to charge $16 for it. But you may not use the firefox trademark in your ads/product page etc. Dell should move to iceweasel and avoid using mozilla's trademarks. Then again none would pay $16 for installing iceweasel.

    2. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 3, Interesting

      Dell is distributing Firefox (by way of pre-installed-ness), and they tied this distributing to a paid service.
      This is pretty much exactly the thing Mozilla's trademark policy forbids.

      If someone asks you to install it, that is allowed, because you aren't distributing Firefox by doing so.

    3. Re:Not illegal to charge for a service by Narcocide · · Score: 2

      Note that they are not charging $16 but actually almost $30. ($27.18)

    4. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 1

      It could apply to you if you if by installing the program you're agreeing to a non-transferrable license, and then you turn around and transfer the license for a profit.

      In the case of willful infringement, the court could rule that you owe the company triple what you made from "selling your services."

    5. Re:Not illegal to charge for a service by DerekLyons · · Score: 1

      Pretty much this. Plus, Mozillla can set whatever policies they want about the use of their trademark - but so long as the activity and usage is legal their policy is irrelevant.

    6. Re:Not illegal to charge for a service by K.+S.+Kyosuke · · Score: 4, Insightful

      But you may not use the firefox trademark in your ads/product page etc.

      That sounds unreasonable. What about companies offering Windows installation services, do they need to advertise it as "Installing the world's most popular PC operating system" instead?

      --
      Ezekiel 23:20
    7. Re:Not illegal to charge for a service by quantaman · · Score: 4, Interesting

      Someone is willing to pay me 16$ to install firefox, why would the firefox terms and conditions apply to me? I'm not selling their product.

      If you're advertising yourself as a Firefox installer then you're using Mozilla.org's trademark to do so.

      Consider how Red Hat works, Red Hat doesn't sell Linux, they sell services surrounding their own version of Linux, RHEL. If someone else tries to distribute RHEL they get in trouble with Red Hat so you get things like CentOS that remove the trademarks.

      Personally I think Mozilla has a case here. The price is fairly high and if I saw this I'd assume that Dell had some kind of deal with Mozilla and that Mozilla was comfortable fleecing consumers which damages Mozilla's brand. There's also the case that the high price Dell is signalling that Firefox costs money and installing it is a non-trivial task, again both things that damage Mozilla's brand.

      --
      I stole this Sig
    8. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 1

      They need to purchase licenses from MS, and thus the installations and use of trademark are automatically sanctioned by MS

    9. Re:Not illegal to charge for a service by hawguy · · Score: 1

      But you may not use the firefox trademark in your ads/product page etc.

      That sounds unreasonable. What about companies offering Windows installation services, do they need to advertise it as "Installing the world's most popular PC operating system" instead?

      That would depend on Microsoft's licensing, not Mozilla's. I'd imagine that Microsoft has even more stringent restrictions on the use of Microsoft branding.

    10. Re:Not illegal to charge for a service by Great+Big+Bird · · Score: 2

      It is likely about using the trademark for profit purposes, rather than an offhand reference.

    11. Re:Not illegal to charge for a service by bws111 · · Score: 2

      Uh, no. Like you said Red Hat is not selling Linux, they are selling service. You can not distribute Linux and call it Red hat because you are not offering their service - calling it Red Hat would be deceiving. Dell, on the other hand, is not misleading anyone. They call it Firefox because it IS Firefox. Price does not enter into it at all. You can sell a can of 'Coke' for $100, as long as it is in fact Coke.

    12. Re:Not illegal to charge for a service by Nutria · · Score: 0

      There's also the case that the high price Dell is signalling that Firefox costs money and installing it is a non-trivial task, again both things that damage Mozilla's brand.

      This.

      My first thought is that it's either a direct MS plot, or the devious idea of an MS fan high in Dell's corporate structure.

      --
      "I don't know, therefore Aliens" Wafflebox1
    13. Re:Not illegal to charge for a service by infinitelink · · Score: 1

      There's also the case that the high price Dell is signalling that Firefox costs money and installing it is a non-trivial task [...]

      Apparently you've never had to provide computing support directly to ordinary US customers.

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    14. Re:Not illegal to charge for a service by quantaman · · Score: 1

      There's also the case that the high price Dell is signalling that Firefox costs money and installing it is a non-trivial task, again both things that damage Mozilla's brand.

      This.

      My first thought is that it's either a direct MS plot, or the devious idea of an MS fan high in Dell's corporate structure.

      I considered that but a plot to have someone sell a competitor's product would be an epic level of deviousness.

      More likely I think someone at Dell knew a lot of non-techy people would really like Firefox preinstalled, were scared to do it themselves, and so decided to fleece them a bit providing the service.

      --
      I stole this Sig
    15. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 0

      But a Pepsi would still taste better.

      / aliquis - Always off-topic. Always trying to be funny. Always moderated accordingly.

    16. Re:Not illegal to charge for a service by Rich0 · · Score: 4, Interesting

      You are free to charge $16 for it. But you may not use the firefox trademark in your ads/product page etc.

      Does trademark law actually allow a trademark holder to do that?

      If you weren't installing genuine Mozilla Firefox I could see how it would be illegal to use their trademark.

      However, if I buy a can of Coke at Walmart, assuming I have the appropriate local government licenses I can put a sign up on my front lawn saying "Coca Cola" for sale. If I mix up my own soda, then I can't use their trademark to sell it.

      That's why T-Mobile can say "We're better than AT&T" or whatever on their ads. They don't need permission to use AT&T's name, they just can't use their name to refer to anything but the real AT&T.

      Mozilla may very well say that you're not allowed to use their name on advertising, but that doesn't mean that it is enforceable.

      The reason Debian drops the name is because they patch it, which means it is no longer the genuine article (security flaws and all).

    17. Re:Not illegal to charge for a service by Rich0 · · Score: 1

      And how can a trademark policy prevent you from selling a product? If I buy something from you that you have a trademark on, I can sell it to somebody else legally and you have no right to keep me from doing so, and you also can't prevent me from advertising that I got it from you, using your trademark.

      You can claim that you have those rights, but that doesn't make it so.

      Now, what you can do is tell me that if I distribute a modified version of your product that I can't use your trademark, because it no longer is the product I'm claiming it to be.

    18. Re:Not illegal to charge for a service by noh8rz10 · · Score: 1

      Price does not enter into it at all. You can sell a can of 'Coke' for $100, as long as it is in fact Coke.

      I doubt anybody would buy a $100 can of coke!

    19. Re:Not illegal to charge for a service by Rich0 · · Score: 3, Informative

      Consider how Red Hat works, Red Hat doesn't sell Linux, they sell services surrounding their own version of Linux, RHEL. If someone else tries to distribute RHEL they get in trouble with Red Hat so you get things like CentOS that remove the trademarks.

      Actually, it isn't illegal to sell RHEL at all, even without permission. It is illegal to make copies of it, however.

      So, if you buy one box of RHEL from Red Hat, then turn around and sell it for $100 more on Ebay, there is nothing they can legally do to stop you. Now, if you modify the software then it no longer is RHEL and they can certainly shut you down. If you make a copy of it then you're violating their copyright license and they can also shut you down (but that is copyright law, not trademark law).

      Trademark law generally centers around the genuineness of products, not how they are used/sold/etc.

      CentOS strips out the non-free components of RHEL so that it is no longer illegal to copy/redistribute them. It also strips out the trademarks, which is necessary because it isn't identical to what Redhat distributes.

    20. Re:Not illegal to charge for a service by quantaman · · Score: 1

      There's also the case that the high price Dell is signalling that Firefox costs money and installing it is a non-trivial task [...]

      Apparently you've never had to provide computing support directly to ordinary US customers.

      But this isn't support directly to consumers. It's shipping an alternate install image. There's a single one-time cost to set up the system and then it's all automatic.

      --
      I stole this Sig
    21. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 0

      But you may not use the firefox trademark in your ads/product page etc.

      That sounds unreasonable. What about companies offering Windows installation services, do they need to advertise it as "Installing the world's most popular PC operating system" instead?

      They sell android?!?
      (phones fit the definition of PC more than laptops/desktops nowadays)

    22. Re:Not illegal to charge for a service by drinkypoo · · Score: 1

      Does trademark law actually allow a trademark holder to do that?

      Not only does trademark law permit a trademark holder to do that, but copyright law gives them the right to restrict distribution by anyone who disrespects their trademarks, or for any other reason.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    23. Re:Not illegal to charge for a service by whoever57 · · Score: 1

      That's why T-Mobile can say "We're better than AT&T" or whatever on their ads. They don't need permission to use AT&T's name, they just can't use their name to refer to anything but the real AT&T.

      The article refers to the UK and UK trademark law has restrictions on this. You can only name your competition if your are making an objective comparison. That's why when Pepsi made adverts promoting taste comparisons to Coca-Cola, they did not name Coca-Cola.

      --
      The real "Libtards" are the Libertarians!
    24. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 0

      If you're advertising yourself as a Firefox installer then you're using Mozilla.org's trademark to do so.

      Perhaps, but it isn't clear to me that you'd be using it in a way that isn't legal (just because it's against Mozilla's policy doesn't mean it isn't legal.)
      I could put an advert in a paper selling a Ford car (mentioning it by name) without needing permission from Ford to do so. Similarly I'd expect if Dell are offering genuine Mozilla Firefox then they are entitled (in most jurisdictions) to use the name under law without needing any permission from Mozilla.

    25. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 0

      Except you can't sell "Firefox". You can't call what you sell "Firefox". You can sell service for "Firefox", in this case installation. Now if you were to charge $100 for delivery of a coke can with in a city, you can do that, but Coke Cola will probably have an issue with your truck or ads displaying their logo.

    26. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 0

      Citation needed

      Oh yeah, your wrong and you can't find a valid citation

    27. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 0

      You can not distribute Linux and call it Red hat because you are not offering their service - calling it Red Hat would be deceiving.

      I thought GPL allows you to call it whatever you want, as long as you include a copy of the license + the source code or an offer of source code.

    28. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 1

      MS terms do not say that you cannot advertise their product in your ads, or that you cannot charge to install /maintain its software.. Mozilla does.. and it does it.. so that the Firefox brand does not get associated with sketchy behavior..given that its Open Source you could theoretically rebuild it with malware call it Firefox and the user blames Mozilla

    29. Re:Not illegal to charge for a service by infinitelink · · Score: 1

      No, not the point: I mean that for those customers, it's often not a "trivial" task, but I get your point--and I would still charge myself not because of the added revenue as much as it also ensure they'll be calling me about it. x*D

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    30. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 0

      No, trademark law does not **give** them that right. A right explicitly given by law would trump contractual obligations, such as Mozilla has towards contributors under the MPL. In reality, trademark law remains silent on the issue, which means (under US law) that companies retain any right to restrict distribution. And *that* right might be restricted by contractual obligations.

    31. Re:Not illegal to charge for a service by drinkypoo · · Score: 1

      You can sell a can of 'Coke' for $100, as long as it is in fact Coke.

      Sure, and you can show a picture of the can of coke, so long as you don't paint your truck red and splash it with a coke logo.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    32. Re:Not illegal to charge for a service by drinkypoo · · Score: 1

      So, if you buy one box of RHEL from Red Hat, then turn around and sell it for $100 more on Ebay, there is nothing they can legally do to stop you. Now, if you modify the software then it no longer is RHEL and they can certainly shut you down.

      Psystar v. Apple seems to suggest that, but in every other form of sale you can modify stuff and then sell it. If Psystar had actually installed every machine with a legally-purchased OSX install disk, and applied a patch to every machine, they might still be with us today.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    33. Re:Not illegal to charge for a service by Rich0 · · Score: 1

      So, if you buy one box of RHEL from Red Hat, then turn around and sell it for $100 more on Ebay, there is nothing they can legally do to stop you. Now, if you modify the software then it no longer is RHEL and they can certainly shut you down.

      Psystar v. Apple seems to suggest that, but in every other form of sale you can modify stuff and then sell it. If Psystar had actually installed every machine with a legally-purchased OSX install disk, and applied a patch to every machine, they might still be with us today.

      It probably depends on the degree to which it is made clear that the product has been modified.

      When somebody buys a car and then gives it to a shop to modify, it is pretty obvious that they don't intend to get back the stock car.

      I would think that Debian or such could try backporting patches to Firefox and make that argument in court, but it is probably something that they'd prefer to avoid. Even if they clearly mark the browser as being modified, you can sue anybody for anything in the US and cost them a lot of money even if you only have a glimmer of a case.

    34. Re:Not illegal to charge for a service by Anonymous Coward · · Score: 0

      This is true, Firefox is distributed under the Mozilla license, which, (I'm no expert) I think says that all the code may be distributed freely, but Firefox's trademarks can only be distributed according to various conditions. This is why some Linux distros ship with IceWeasle (which is firefox without all the trademarked stuff).

      Thus, even though the Mozilla license is 'mostly free', Dell might well be in violation of it, and thus needs to pay Mozilla $200,000 for each install (or whatever the RIAA has deemed an appropriate sum these days).

  4. Because they can? by Anonymous Coward · · Score: 1

    And it takes time for some Dell employee to do it.

    Makes sense to me.

    1. Re: Because they can? by jd2112 · · Score: 1

      if it was a phoned in order the labor would be around 1/2 second to select the checkbox to install Firefox. Everything else would most likely be automated.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    2. Re: Because they can? by bws111 · · Score: 1

      You do understand that someone had to decide to make that offering, someone had to update the order system to include that checkbox, someone had to create the image with Firefox, someone had to test that image, someone had to release that into production, someone had to create the automation to install that image, someone had to test that automation, someone had to manage all the above people, someone had to pay the increased IT costs of all the above, someone had to update the helpdesk scripts, etc,right?

    3. Re: Because they can? by RabidReindeer · · Score: 1

      if it was a phoned in order the labor would be around 1/2 second to select the checkbox to install Firefox. Everything else would most likely be automated.

      Um hum.

      All You Have To Do Is...

      Actually, you have to download or otherwise make accessible the installer first. Then you have to deal with the occasional bits of lint that pop up unexpectedly for one reason or another - anything up to and including the surprise discovery that their factory-installed disk drive has major bad spots on it (speaking from personal experience). Then the user will probably whine that the desktop icons are in the wrong place, etc. and insist on having things set up "properly".

      One thing I've learned working with computers is that there is no task no trivial nor no program so simple that it cannot eat up at least an hour of your life.

    4. Re: Because they can? by Joe_Dragon · · Score: 1

      and they have to do the same for any system they sell as well as when old ones are not being sold any more.

    5. Re: Because they can? by the_B0fh · · Score: 1

      Then you should have learnt that there's nothing that cannot be automated away. Automating installs is a solved problem. Putting an install in an image to be deployed is a solved problem. Hell, putting an installed app in to an installed OS image is a solved problem.

    6. Re: Because they can? by noh8rz10 · · Score: 1

      but what happens when each image becomes a little different than the others? then the "solved problem" is unsolved...

    7. Re: Because they can? by the_B0fh · · Score: 1

      Jeez. That has been solved for over 10 years. Just because you don't know how, doesn't mean it doesn't exist.

  5. I am not ok with this. by Narcocide · · Score: 0, Troll

    Here's to hoping that the Mozilla Foundation forces them to remove the "Firefox" logo and brand from it like they did to Debian.

    1. Re:I am not ok with this. by Zero__Kelvin · · Score: 2, Insightful

      You don't seem to understand the situation. Actually, that was me just trying to be nice. You clearly have no understanding of the situation. Dell isn't selling Firefox, they are selling the installation service. This is no different than if you bring your computer to Circuit City and have them re-install Windows for you. In that case Circuit City isn't charging for Windows; they are charging an installation fee.

      While most of us will see this as exactly what it is, to wit capitalizing on the ignorance of their customers, it is certainly legal.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    2. Re:I am not ok with this. by the_B0fh · · Score: 1

      Which is against Mozilla's TOS. Not allowed to charge for installing FireFox.

      How hard is that to understand, and why do you keep trying to weasel out of it?

    3. Re:I am not ok with this. by SternisheFan · · Score: 1
      It is fucking morally wrong! No! Dell needs to make it very clear (at the top of the page, with a download link) that Mozilla is a free to download browser. Anything less is totally corrupt.

      My gawd, are there no moral people/ companies left in this world?

    4. Re:I am not ok with this. by Rich0 · · Score: 2

      Which is against Mozilla's TOS. Not allowed to charge for installing FireFox.

      How hard is that to understand, and why do you keep trying to weasel out of it?

      Because it isn't enforceable? What legal theory allows a company to prevent somebody from reselling one of their products? Their rights were exhausted in the first sale, which they made for $0. As long as what they're installing is genuine Firefox without modification, I don't see how they can keep them from calling it Firefox, since that is what it is.

    5. Re:I am not ok with this. by Anonymous Coward · · Score: 0

      what first sale? Mozilla is licenced. like it or not thems the IP rules.

    6. Re:I am not ok with this. by Narcocide · · Score: 0

      You are misinformed. It is completely enforceable under copywrite law. Firefox may be effectively a "$0 priced browser" but the logo and trademark are not licenced under any open source or creative commons licence. Your rights to have it or redistribute Firefox using it are, in fact, completely up to the discretion of the Mozilla Foundation. No matter now many of your down-modding astro-turfing sockpuppet accounts mod me down for saying it, that won't change the fact its true. You can lie all you want, you can deny it all you want, but something very similar has happened in the past.

    7. Re:I am not ok with this. by Anonymous Coward · · Score: 0

      It is fucking morally wrong! No! Dell needs to make it very clear (at the top of the page, with a download link) that Mozilla is a free to download browser. Anything less is totally corrupt.

      Why? It's free software not gratis software. They clearly say that they are charging for the service of installing it and by default it isnt selected.

    8. Re:I am not ok with this. by Anonymous Coward · · Score: 0

      It is completely enforceable under copywrite law.

      I'd trust your legal advice as far as I'd trust financial advice from an accountant who talks about "creddats".

    9. Re:I am not ok with this. by Narcocide · · Score: 1

      You just wait and see. I predict Dell will do the smart thing and settle out of court.

    10. Re:I am not ok with this. by Rich0 · · Score: 1

      You are misinformed. It is completely enforceable under copywrite law. Firefox may be effectively a "$0 priced browser" but the logo and trademark are not licenced under any open source or creative commons licence. Your rights to have it or redistribute Firefox using it are, in fact, completely up to the discretion of the Mozilla Foundation.

      Sure, they can restrict copying the logo itself under copyright law, though I'm not sure if this wouldn't qualify as fair use (they're not using it to make copies of anything they aren't already entitled to make copies of other than the logo itself, so this is a bit like nominative use). Also, if they just download the logo from Mozilla every time they install it I'm not sure it would even qualify as copying at all.

      No matter now many of your down-modding astro-turfing sockpuppet accounts mod me down for saying it, that won't change the fact its true. You can lie all you want, you can deny it all you want, but something very similar has happened in the past.

      Not sure what makes you think I'm a sock-puppet - I've been posting here for ages.

      Debian patches Mozilla, which is why they avoid using their trademark. Trademark law certainly allows companies to restrict the use of their trademark when a product is modified, which makes perfect sense. If I take a Ford Focus, strip it down, and turn it into a dishwasher, then it isn't a Ford Focus any longer, even if it is much more reliable.

      I guess we'll see what happens.

    11. Re:I am not ok with this. by Rich0 · · Score: 1

      what first sale? Mozilla is licenced. like it or not thems the IP rules.

      Citation? That is, citation to a law passed by a legislature, not to something written by a random corporate lawyer?

      The whole point of the first-sale doctrine is that you can't control what people do with your copyrighted work once they've obtained it from you legally, other than prevent them from making copies of it.

    12. Re:I am not ok with this. by Anonymous Coward · · Score: 0

      Nope. Stupid people get what they deserve.

    13. Re:I am not ok with this. by Anonymous Coward · · Score: 0

      Can you provide a link to the TOS that proscribe it?

    14. Re:I am not ok with this. by Narcocide · · Score: 1

      Yes, its not the same situation, its only similar, as I stated, however the important point that you're missing is that its *against their TOS* and they can revoke use of their copyright for any reason they like honestly, but most likely will for issues of violating their policies or harming their image.

    15. Re:I am not ok with this. by the_B0fh · · Score: 1

      Are you unable to read the article where the relevant bits of the TOS is posted?

    16. Re:I am not ok with this. by Anonymous Coward · · Score: 0

      I thought you were being intentionally anachronistic, as I haven't seen a Circuit City in a decade, and Firefox was released in 2002.

      I checked (well, I checked Wikipedia), and apparently the last CC store was still kicking around until 2009. Huh.

    17. Re:I am not ok with this. by SternisheFan · · Score: 1

      Nope. Stupid people get what they deserve.

      I disagree. To take advantage of computer illiterate users is a moral wrong. Do you take advantage of the mentally impaired? Where is the line drawn in the tech business?

    18. Re:I am not ok with this. by harryjohnston · · Score: 1

      You seem to be imaging that someone at Dell said to themselves "how can we trick people into giving us extra money". It's much more likely that some important client phoned up and asked Dell, "Please put Firefox on the computers we're about to buy from you." From what I've gathered of Dell's procedures - and I'm not dealing with them directly here, so I could be wrong, but FWIW - they can't sell you a special option without putting it into their purchasing system first. From there it could easily wind up on the web site, either accidentally or just because someone thought to themselves, "Well, this client wanted it, maybe other clients will too." That's probably why it was only on this one model. That was the one the original client was buying.

    19. Re:I am not ok with this. by SternisheFan · · Score: 1

      Was it made crystal clear to the Dell purchasers that the browser is available as a free download? If not, it's a hinky way of doing business. Whether or not Dell's innocent here isn't in question. Did they attempt to deceive the people who purchased from them? "Accidents" don't happen in large tech companies. Anything that is part of a tech business was designed by intelligent humans, and done deliberately. Getting caught and coming up with explanations afterward is a b.s. move, same as with individual people, and if you deceive in small ways it makes a person question what else is being done.

    20. Re:I am not ok with this. by harryjohnston · · Score: 1

      Did it need to be? Why would you check the box if you don't know what Firefox is? Is there any evidence at all that *anyone* ordered this by mistake?

      > "Accidents" don't happen in large tech companies.

      Large tech companies don't make mistakes? Ever?

      ... since when?

    21. Re:I am not ok with this. by harryjohnston · · Score: 1

      Note also that the product in question is one sold almost exclusively to, you guessed it, large companies. So I guess it was impossible for anyone to order this by mistake, so there's no problem, right?

    22. Re:I am not ok with this. by SternisheFan · · Score: 1

      Note also that the product in question is one sold almost exclusively to, you guessed it, large companies. So I guess it was impossible for anyone to order this by mistake, so there's no problem, right?

      I was assuming that it was Ma & Pa types this was being done to. (Yes, I know what happens when you 'ass-u-me' something after not even RTFA). I'm shocked large companies buy from Dell, actually.

    23. Re:I am not ok with this. by SternisheFan · · Score: 1

      Did it need to be? Why would you check the box if you don't know what Firefox is? Is there any evidence at all that *anyone* ordered this by mistake?

      > "Accidents" don't happen in large tech companies.

      Large tech companies don't make mistakes? Ever?

      ... since when?

      Overbilling isn't a "mistake", unless your'e caught at it, of course.

      As I just said above, I admit to not even reading TFA and taking TFSynopis as true. If it's large companies that were charged, fine. If it was done to individuals buying from Dell for their own personal use, that might be considered undue taking advantage.

    24. Re:I am not ok with this. by harryjohnston · · Score: 1

      In my experience, their business products are well-designed (in the sense of being robust and convenient to work with) and moderately reliable, certainly more so overall than any of the smaller, generic manufacturers we've tried over the years. We have had some bad batches from Dell. But I'm not sure how much competition they've got; HP is the only one I can think of at the moment, and I don't think they can offer us comparable pricing. But I don't work in purchasing so I'm not really up to date with this stuff.

    25. Re:I am not ok with this. by Anonymous Coward · · Score: 0

      "Which is against Mozilla's TOS. Not allowed to charge for installing FireFox."

      Mozilla can write in their terms of service that I am not allowed to speak the word Firefox in the presence of {pick-your-hated-class-here} too. It would mean just as little. Mozilla has no control over the service industry, and has no standing to dictate what someone in the services industry does. Next you'll tell me that Mercedes Benz doesn't allow their customers to pay someone to wash their car. You truly are an unbelievably stupid fucking moron.

    26. Re:I am not ok with this. by Zero__Kelvin · · Score: 1
      Bullshit. Copyright law says nothing about it. Next you'll be telling me that a new book that comes out doesn't allow blind people to pay people to read it to them. At least stop and think for more than 7 seconds next time before making such ridiculous statements. Thank you.

      ". No matter now many of your down-modding astro-turfing sockpuppet accounts mod me down for saying it, that won't change the fact its true."

      Oh. I agree with you there. It certainly isn't going to change the "fact that it is true", but not for the reason you seem to think. You see, it would have to be a fact that was true first, and it is anything but. Now off you go little falsely condescending ignoramus ...

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    27. Re:I am not ok with this. by Zero__Kelvin · · Score: 1

      Great. Could you also predict the weather for us. We were hoping to have two completely useless predictions from someone like you who is not nearly educated on either subject to form a valid analysis.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    28. Re:I am not ok with this. by Zero__Kelvin · · Score: 1

      "Was it made crystal clear to the Dell purchasers that the browser is available as a free download?"

      OK. You just don't seem to be understanding this at all. Stop thinking Dell charged for Firefox. They didn't. They followed the standard FOSS model, and charged for services. The customer could not have had Firefox installed for free. They are a business. If they didn't pay Dell to put it on, they would have to pay their IT employee(s) to put it on. Either way, the customer is going to pay someone to install Firefox. Again, they aren't "buying" Firefox when they do that. They are compensating whomever performed the service of software installation.

      Everybody has their panties in a bunch over, quite literally, nothing.

      As far as any personal consumers, there are exactly two types:
      1) Those who already know Firefox is freely available if they want to do the install themselves.
      2) Those who don't know nearly enough about Linux to install it themselves.


      (Note that the two are mutually exclusive)

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    29. Re:I am not ok with this. by Zero__Kelvin · · Score: 1

      No. But it is almost impossible to imagine that someone could be so thick in the head as to not get why a large corporation would rather just pay a nominal fee to have Firefox installed at the factory rather than having to open up their own post-purchase assembly line and pay their employees to install Firefox on every one of the 300 computers they bought this week.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    30. Re:I am not ok with this. by the_B0fh · · Score: 1

      Since copyright laws exist, and since Mozilla owns the copyright to Firefox, and the only terms they allow you to download or use Firefox is within the terms of the TOS, if you want to download or use it, you have to abide by it.

      Are you really that stupid that you cannot understand that?

    31. Re:I am not ok with this. by SternisheFan · · Score: 1
      Thank you, and everyone else here, for making it all clear. It was a sensationalist story, and no, I did not RTFA. From reading the early comments, it looked to me like it was a b.s. way of making $$$ on the 'computing disadvantaged'.

      Consider my panties to be now, 'unbunched'. :^0

    32. Re:I am not ok with this. by Zero__Kelvin · · Score: 1

      I am no fan of Dell's, but this is about facts not emotion. The simple fact is that there is nothing that neither Mozilla nor any other company, NPO or for profit, with any product FOSS or proprietary, can dictate what services a service company may perform. You seem to think that Mercedes can make it illegal for anyone but their technicians to change your oil. They can't do that for the same reason that an author cannot dictate that a person may not charge a fee for the service of reading his works to the blind. If you stopped running on like a dog without a clue you would realize all of this.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    33. Re:I am not ok with this. by Zero__Kelvin · · Score: 1

      OK. I just read this after I posted a perhaps harsh reply. I applaud you sincerely for having the presence of mind to look at it and come around rather than fighting it tooth and nail. That is a rare quality on Slashdot indeed :-) *

      * I certainly can't always pull it off :-)

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    34. Re:I am not ok with this. by Anonymous Coward · · Score: 0

      Are you unable to grasp the fact that TOS has absolutely nothing to do with it? There is no means for a company to dictate what services a person may provide and charge for. Cisco can't refuse to sell me hardware if I plan on paying someone else to install it (perhaps, my own employee, and perhaps a contractor). Why? Because that would be illegal. It is just as illegal to try and do the same with Firefox. If I want to pay someone to install it for me, I may do so. Period. That could be an employee, or it could be Dell. Mozilla has absolutely no say in the matter.

    35. Re:I am not ok with this. by Anonymous Coward · · Score: 0

      "Since copyright laws exist and it is not possible for copyright law to dictate what services I may pay for or provide

      ... surely you see now why you are such a flagrant waste of carbon?

  6. Well by Anonymous Coward · · Score: 5, Funny

    If they charge to add Firefox, will they give a refund for leaving off Windows?

    1. Re:Well by dittbub · · Score: 3, Informative

      Yes. I ordered a bunch of PCs from Dell for work and they had an Ubuntu option which saved us some $$$ since we have volume Windows licensing anyway.

    2. Re:Well by Joe_Dragon · · Score: 1

      I think you may need to take the windows choice to be ok with that volume licensing

    3. Re:Well by Rudeboy777 · · Score: 2

      There's no "I think" about it, you need to buy systems with OEM Windows to use your MS VLA.

      --

      From hell's heart I fstab at /dev/hdc

    4. Re:Well by Joe_Dragon · · Score: 1

      dittbub enjoy your BSA audit

    5. Re:Well by Anonymous Coward · · Score: 0

      They why dose VLA cost $$$? I call double dipping.

    6. Re:Well by aliquis · · Score: 1

      I'm sure some would pay $28 to not get a bunch of crapware added into their "fresh" install. Skip the stickers too.

    7. Re:Well by aliquis · · Score: 1

      Just call Microsoft and ask them whatever they'd rather have them re-install Ubuntu to fix the situation.

    8. Re:Well by Anonymous Coward · · Score: 0

      Er. What. You might be confusing purchasing a licence with reimaging rights.

    9. Re:Well by Anonymous Coward · · Score: 0

      That does not make any sense. To use a license you need to buy a second license for the same thing? It's licenses all the way down.

    10. Re:Well by Anonymous Coward · · Score: 0

      Really? News to me. Sounds like double dipping to me. Do you have a source to reinforce your claim? Because I've also bought Dell systems with Ubuntu, some of which end up with Windows under VLA. I've never run into any problems to date. And kudos to Dell for even providing the option.

    11. Re:Well by Anonymous Coward · · Score: 0

      Maybe they charge another $30 for the 'service' of leaving windows off the box...it'd be about as reasonable as the firefox installation explanation.

    12. Re:Well by Rhipf · · Score: 1

      Sorry but this is totally wrong. Volume licensing is just that volume licensing. You could buy 100 PCs from one retailer and 100 Windows licenses from another retailer and then have your IT staff install the licenses on the computers. If you don't have a volume license and you put Windows on the 100 PCs then you have a problem. If you buy 100 PCs with OEM Windows installed, the OEM Windows is the license for that machine. If you buy 100 PCs with OEM Windows and then buy 100 Windows VLAs you just double paid for Windows for no reason (or you have 100 licenses you can use on another 100 machines).

    13. Re:Well by tlhIngan · · Score: 1

      If they charge to add Firefox, will they give a refund for leaving off Windows?

      Yes they will. However, because the cost of the Windows license is less than the amount of sponsorship your computer gets from all the preloaded software (i.e., crapware), the price of your PC rises.

    14. Re:Well by Anonymous Coward · · Score: 0

      Is there a database of known BSA snitches anywhere? After all, one has a right to face their accuser and this is all a matter of public record.

    15. Re:Well by Anonymous Coward · · Score: 0

      Umm, no.

      Generally what you're paying for with a VLA is the Anytime Upgrade from Win7/8 Pro to Win7/8 Enterprise. You buy 100 machines with win8 pro and your VLA allows you to image Win7 Enterprise onto them (which is the most common thing right now). If you buy bare/linux machines you are actually in violation of your VLA agreement.

      MS licensing is a complex beast, you can have as many as 4-5 separate licenses for a single install of Windows (see MS's VDI licensing for example).

  7. Selling the labour by dittbub · · Score: 5, Insightful

    Dell also charges to set up bios parameters. Big woop

    1. Re:Selling the labour by thegarbz · · Score: 1

      What's a bios parameter?

      On a more serious note have you in the past 5 years used a computer where the default bios settings weren't correct? I'm not talking about overclocking or serious performance tuning, I'm talking about buying a motherboard, plugging things in and then actually needing to go into the bios. Even the default boot sequences are sane off the production line.

      Unless you're trying to performance tune or do something bizarre do you even need to go into the bios anymore?

    2. Re:Selling the labour by bill_mcgonigle · · Score: 1

      What's a bios parameter?

      On a more serious note have you in the past 5 years used a computer where the default bios settings weren't correct?

      Only very recently have I seen any BIOS'es default to AHCI. Running drives in IDE-compatibility mode in 2014 is just silly. If I were buying a thousand PC's from Dell, I'd give them a list of BIOS settings to configure.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    3. Re:Selling the labour by wbo · · Score: 1

      Also if you are using a PC imaging system such as WDS, SCCM or Altiris then you probably want the default boot device to be PXE and not the internal hard drive.

      That way you can just unbox the machine, plug in power and a network cable, and turn it on. The PC will then automatically PXE boot and start installing your custom OS image and applications with no user interaction required if you have things set up properly.

    4. Re:Selling the labour by Anonymous Coward · · Score: 0

      Yes,

      Current default BIOS options on most UEFI machines require changes before doing a PXE boot to reimage to a corporate image (at a minimum you need to disable Secure Boot, depending on your ESD server, you may also need to enable Legacy Boot Mode).

  8. Bull$h1t by Anonymous Coward · · Score: 0

    this is total bs..
    although there are 2 ways to look @ this
    1. if the purchaser is too lazy, or unskilled enough then yes I feel the charge may be justified, esp with a large order..(perhaps the purchaser should nto be in a position to purchase or have any real esponsibility with regard to this, if they do not know what they need or how to get it with our relying on Peons)(Eyes and Teeth)
    2. Has Dell become so complaisant? How difficult would it be to include it on a standard image and replicate @ no cost??
    I cry BS on both sides, but as proposed in line 1, if the individual is too lazy, or not educated enough to understand, or just does not have the skillsets to know what he is doing, then Yes, if A deal with dell has been agreed on for a massdeployment of an Application which is not standard, stick it to the client/customer.
    unfortunately in this day and age it seems that those in the wrong positoins try to leverage ogthers to cover up their SHORT commings..

    no my spelling is ok, I am just astounded, and pissed by the stupidity of some people..

    I mean
    really?

    Also /., please change your captcha,, "hemlock" has come up to many times

  9. Debt by Capt.Albatross · · Score: 1

    Michael's got to pay for getting his eponymous company back, and he won't be able to do that just by selling computers.

  10. That's bold by Dega704 · · Score: 0

    Once this crap hits the fan, Dell may well be singing a different tune when it becomes apparent it isn't worth the publicity. I may be wrong, and you can give me all the reasons why, but consider this: It bothered enough people to make Slashdot's front page. Flame on.

    1. Re:That's bold by Zero__Kelvin · · Score: 2

      "but consider this: It bothered enough people to make Slashdot's front page."

      Do you suppose that it might just be possible that it made it to the front page because many people found it interesting rather than bothersome?

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    2. Re:That's bold by Dega704 · · Score: 1

      It is indeed interesting -- because it is controversial. Is there a more interesting part outside of the controversy that I am missing?

    3. Re:That's bold by duke_cheetah2003 · · Score: 1

      Once this crap hits the fan, Dell may well be singing a different tune when it becomes apparent it isn't worth the publicity. I may be wrong, and you can give me all the reasons why, but consider this: It bothered enough people to make Slashdot's front page. Flame on.

      There's no such thing as bad publicity.

    4. Re:That's bold by Rockoon · · Score: 1

      Are you sure that the bad publicity wont swing the other direction?

      Mozilla hates Dell so much they want Dell customers to continue to use Internet Explorer, rather than Mozillas own product.

      --
      "His name was James Damore."
    5. Re:That's bold by Zero__Kelvin · · Score: 1

      Yes. Once you actually read up on the facts and realize that there is absolutely nothing controversial whatever about it, it is interesting how may people knee-jerk reacted to this non-issue.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  11. That Other Checkbox by Anonymous Coward · · Score: 1

    The real question is what does the "Thank You For Choosing Dell" software do?

    1. Re:That Other Checkbox by Capt.Albatross · · Score: 2

      If you have to ask, you can't afford it.

  12. Validates Firefox Value by Anonymous Coward · · Score: 1

    First off, I dont like the idea that anyone is charging to install Firefox.
    However:
    A common perception about open source software is that it must have no value because it is free. This is adding perceived value, making Firefox something worth having, because it costs money. We make poor decisions as human beings, and we are swayed by our perceptions. In a strange way this is validating Firefox as a worthy browser, and there are certainly some people who will hold in a higher regard simply because there is a price tag associated with it.

  13. Re:Selling Time by Hamsterdan · · Score: 1

    just go to ninite.com and select what you want installed. Everything is installed without adware or extra toolbars.

    --
    I've got better things to do tonight than die.
  14. I'm fairly sure this is allowed, even if jerky... by Anonymous Coward · · Score: 0

    Using a trademark to identify something isn't illegal, is it? I can say "Coke in my shop cost £1" without a license from Coke (or permission to sell their product) and they have no legal avenues to stop me, surely?

  15. Not sure I see a problem by rsilvergun · · Score: 4, Informative

    The price is ridiculous, but I don't see a problem with them charging to do the installation. OTOH Mozilla might have the right to limit use of their icons. But GPL is GPL, you have certain rights to redistribute. That's why IceCat (formerly Ice Weasel) exists.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Not sure I see a problem by Anonymous Coward · · Score: 0

      Firefox has a "Mozilla" license, not GPL. In fact, they deliberately confuse the distinction between "open source" and "free software, right on their license page.

      In fact, their license has this little booby trap:

      > 5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.

      So if I patent some other product entirely, and you violate my patent with a Firefox variant, and I sue, *even if the patent has absolutely nothing to do with Firefox as originally published*, I lose all rights to use any Mozilla licensed product, whatsoever. It's a complete patent clusterfutz. Even the "viral" GPL acknowledged that individual products have individual licenses, and you could violate one of them without violating *all* of them.

    2. Re:Not sure I see a problem by duke_cheetah2003 · · Score: 1

      I think it'd be very amusing for anyone to try to enforce that.

      We give away free software, but YOU cannot use it because you violated our license. How do you really intend to enforce that? Its..free.. you can download it anywhere, to any computer, and use it. Just the fact its utterly unenforceable in any situation just makes the whole license look stupid. Makes the people making the license look stupid too, makes the product licensed this way look stupid too. Guess that's why I don't use Firefox anymore. It's stupid.

      Now if I can just find a replacement for Thunderbird that I like.

    3. Re:Not sure I see a problem by msobkow · · Score: 1

      You have an interesting attitude considering that every license I've ever seen revokes your right to use the software if you breach the license terms. The terms vary; the penalty of not being able to use the software is across the board.

      --
      I do not fail; I succeed at finding out what does not work.
    4. Re:Not sure I see a problem by xvan · · Score: 1

      Same argument can be made about MS Windows. It's... free.. you can download it anywhere, to any computer and use it.

    5. Re:Not sure I see a problem by Rich0 · · Score: 1

      OTOH Mozilla might have the right to limit use of their icons.

      Only if the icon isn't covered by an FOSS copyright. They can limit the use of their trademark if you modify the product, but not if you simply resell it.

      I'm not sure they can do anything about your icon either if you download it from them every time you image a PC. That would be an interesting argument.

    6. Re:Not sure I see a problem by noh8rz10 · · Score: 1

      i like ffx better than chrome.

    7. Re:Not sure I see a problem by Anonymous Coward · · Score: 0

      i like turtles

    8. Re:Not sure I see a problem by Anonymous Coward · · Score: 0

      But GPL is GPL, you have certain rights to redistribute.

      Firefox is MPL.

    9. Re:Not sure I see a problem by Wootery · · Score: 1

      You have an interesting attitude considering that every license I've ever seen revokes your right to use the software if you breach the license terms.

      What about the GPL? I don't think it says you lose your usage rights if you violate the terms - I think you're 'just' violating copyright... it's about distribtion, after all.

    10. Re:Not sure I see a problem by bigpat · · Score: 1

      The only thing that I take from all this discussion is that the price is ridiculous.

      If it wasn't already part of the standard install (and it should be), then I would consider a nominal $3 or something similar to be reasonable for someone to press the button and install the image with firefox versus the image without firefox. The one thing that Dell does still have going for it is their ability to cobble together computers with a variety of hardware and software customizations at relatively low cost.

      Charging an extra $30 for a variation of their image with free software on it seems like a misplaced decimal. And like I said, there is no reason that it shouldn't already be part of the default install.

    11. Re:Not sure I see a problem by iroll · · Score: 1

      That's why IceCat (formerly Ice Weasel) exists.

      Formerly? I use IceWeasel all the time, and I didn't know about this. Oh, wait:

      The gNewSense BurningDog browser and the Debian IceWeasel browser are similarly derived from Firefox, also with the intent of being free software. Technically, however, these projects are maintained entirely independently of IceCat. (Previously, this GNU browser project was also named IceWeasel, but that proved confusing.)

      Yeah, you know, that is pretty darned confusing, since I think that if you ask 100 slashdot users about IceWeasel, at least 99 would be thinking of the widely-distributed Debian software that originated the name...

      --
      Repetition does not transform a lie into the truth. - FDR
  16. I don't see the problem by Anonymous Coward · · Score: 0

    I charge everyone that wants me to install software for them, what's the big deal?

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

    The dude who take your overpriced Dell PC out of it's box in order to install firefox on it for your lazy ass, needs to be paid.

  18. This is concerning why?... by steppin_razor_LA · · Score: 2

    They aren't selling the software they are selling their time to install it for you. Big difference....

    --
    Evolution: love it or leave it
    1. Re:This is concerning why?... by Anonymous Coward · · Score: 0

      If the clueless non technical customer could easily confuse the fact that they are paying for the service and not the software that could be a problem. For someone non-technical I could easily see them confusing this. Especially if... someone convinced Dell to obfuscate this so that it intentionally damages Mozilla's reputation and causes people to think it costs money to run Firefox. Then they may prefer the free IE browser option that is pre-installed on their new PC.

    2. Re:This is concerning why?... by Anonymous Coward · · Score: 0

      It would be a difference if they had a man whose bleeding fingertips clicked the installer manually on hundreds of computers a day. Do you think that's how they do it?

    3. Re:This is concerning why?... by Anonymous Coward · · Score: 0

      And the argument is not about the sortware license, but the trademark. So yes, they can charge for it, but they can't tell you what program they are offering to install.

    4. Re:This is concerning why?... by cbhacking · · Score: 1

      Except...
      A) it doesn't cost them anything, not even time. These are imaged disks, not somebody clicking "Next" a bunch through the install prompts of 50 shitware programs that come with the system. Your argument is invalid.
      B) Mozilla explicitly prohibits the use of their trademark if you're going to charge for it. Charging for the service of installing Firefox is still charging for it. Basically, part of the value of the Firefox brand is that you don't have to pay to get it.

      Seems straightforward enough to me. Doesn't mean they'd win in court, since that requires convincing a jury that you have a better lawyer, but it's certainly understandable that Mozilla would see this as misuse of trademark.

      --
      There's no place I could be, since I've found Serenity...
  19. Say what? by harryjohnston · · Score: 3, Interesting

    Pardon? Dell is installing Firefox on a customer's machine before shipping it to them. How is that any different from my installing it on a customer's machine *after* it's shipped to them? What if the customer ships their machine to me, I install Firefox, and then ship it back?

    1. Re:Say what? by arth1 · · Score: 1

      Pardon? Dell is installing Firefox on a customer's machine before shipping it to them. How is that any different from my installing it on a customer's machine *after* it's shipped to them? What if the customer ships their machine to me, I install Firefox, and then ship it back?

      I don't see how they can legally install it on a user's PC in a way that bypasses the user accepting the license agreement. The user must be given a chance to reject it.
      They also cannot make the offer of Firefox be contingent on a sale.

    2. Re:Say what? by wisnoskij · · Score: 1

      They install dozens of programs on these machines.

      And each of them come with Licence Agreements.

      And there is no law against someone using a bit of software without agreeing to its licence agreement. You do it every time you go to a library. And the whole tech support industry can tell you that it is legal to pay someone else to install software on your computer, and perfectly OK to never agree to anything yourself.

      --
      Troll is not a replacement for I disagree.
  20. How long before... by QuietLagoon · · Score: 1, Interesting
    ... Dell refuses warranty service if the computer has software installed that Dell did not install?

    .
    Dell is desperate for revenue at this point, and when companies are desperate for revenue they do customer-antagonistic things.

    1. Re:How long before... by Anonymous Coward · · Score: 0

      ... Dell refuses warranty service if the computer has software installed that Dell did not install?

      It has already happened:

      "Customer: Dell Denies Speaker Repair Under Warranty, Blames VLC"
      http://hardware.slashdot.org/story/14/02/09/1828229/customer-dell-denies-speaker-repair-under-warranty-blames-vlc

  21. Dell is correct. by Anonymous Coward · · Score: 0

    Under UK law, as in most other nations, brand-name, trademark, copyright and junk shrink-wrap licenses do NOT prohibit tradespeople from offering services to their customers. It is sad, very very sad, that 'open source' morons have even less respect for well established business and consumer Rights than do traditional closed-source companies.

    Far too many open source developers think they are above the law, and can place whatever terms and conditions they so wish into the licenses of their work. The situation gets far worse and far nastier when pseudo-open-source companies like Mozilla and Google start manipulating their users with in-built abusive functionality.

    -Google preventing Android apps from full access to external memeory cards, and prohibiting user choice on location of user files, and associations with apps that process those files.
    -Mozilla removing user control over JavaScript, in-browser ads and plug-ins.

    The excuse of the vile shills is that expert users/hackers can always take products from Google and Mozilla, and somehow 'force' the desired functionality back into them. But this ignores the fact that such deplorable acts are designed to target the vast majority of ordinary users, who would never 'root' Android, or learn how to deactivate Javascript on Firefox.

    None of this is a denial that Dell is ripping off naive users, BUT as Mozilla purposely cripples Firefox, and fills it full of very undesirable activity by default, ordinary users will need the (expensive) assistance of experts to configure Firefox in a way that serves the user, not the pockets of those that own Mozilla.

    It would, of course, be far better to give the user a link to a shenanigan free installer for Firefox, but Mozilla has now ended that possibility. Mozilla is as bent and evil as they come, and has no intention of allowing any future user of Firefox to simply install a browser that serves their best interests.

    Part of the reason Google and Mozilla update Chrome and Firefox at such a ludicrous rate is to reduce the likelihood of successful forks to as close to zero as possible. Once both are safe from the threat of successful forks, Google and Mozilla are free to introduce the most abusive practices into their browsers.

    1. Re:Dell is correct. by Anonymous Coward · · Score: 0

      in-built abusive functionality

      ...

      full of very undesirable activity

      ...

      introduce the most abusive practices

      BUTTHURT REPORT FORM

  22. Consumers should look for a better deal ... by MacTO · · Score: 1

    As a service, this really does make sense. It takes time and knowledge to configure a computer. A lot of people are lacking in one, or both, of those departments. The price also makes sense when it comes down to installing an individual piece of software. It takes time to do so. For businesses, time is money.

    On the other hand, consumers really ought to look for better deals. You can tell someone what you need and pay them by the hour to get a system that is tailored to your needs. If you need a bunch of stuff done, it'll cost much less. It will also be done according to your requests, which is something that Dell isn't equipped to do.

  23. Trademark does not work that way by russotto · · Score: 1

    You can't use trademark to prevent people from referring to your product. If you are, in fact, installing Firefox on the machine, you can say so, no matter what their policies say. This is "nominative use".

    1. Re:Trademark does not work that way by cbhacking · · Score: 1

      Except that part of Firefox's value as a brand is that it is available free. If Dell charges for it (whether they charge for the software license or the labor is completely irrelevant) than they are damaging that aspect of the brand.

      Arguably, Dell isn't really installing Firefox. They're installing something that is exactly like Firefox except that it's not distributed for free. They can't call that thing Firefox.

      --
      There's no place I could be, since I've found Serenity...
  24. There's no installation charge for other software by Beeftopia · · Score: 5, Interesting

    I just checked how much Microsoft Office Home and Business costs when put on a Dell computer - 179 USD, right there on the Dell site, for a desktop computer. It costs 219 USD at Big Box Mart and Microsoft itself

    So uh... yeah. They're charging for free software. It's just taking advantage of the ignorant. Who might be your grandma. Or a firefighter. Or a grocery store cashier.

  25. Prime Example for why everything is so expensive t by chaos4u · · Score: 1

    It is ridiculous, the charging for every little thing .

    customer service has been tossed out the window. in favor of less services for more money strategies.

    I know there is business bastards and spread sheet nazis who say this is the way it needs to be done and will reason that time is money and that the end user needs to pay for that time . It is the only way businesses can sustain them selves.

    But i disagree with this. they should not even be wasting the time and energy in creating a model for such extra charges and services. and instead focusing that energy on bettering their product.

    This goes for every company out there . instead of finding ways to nickle and dime their customer base they should be focusing on quality products followed up with quality customer service and product support .

    These standards should be included with all products, other wise we end up with the same ol race to the bottom where everything is generic and there is no quality or support for the product .

      Customer service is not expensive when you have a quality product .

    If companies would return to creating quality products and focus on differentiating them selves from one another with options, services, and products. they wouldn't have to try and find "creative" ways to gouge money out customers for services that are of little benefit.

    Now that we are in an market filled with race to the bottom products the companies have forced them selves into a postion where they can longer offer quality products with a good profit margin. They now rely on acquiring their profits from cannibalizing their product to the bone and reselling those services and components at a annual fee.

    Thus why every thing is becoming so expensive and short lived.

    --
    Music the Paint dancefloor the canvas your body the brush
  26. Re:No modpoints for you. by shutdown+-p+now · · Score: 2, Informative

    Perhaps that's why GP posted as AC.

  27. Trademark policy and legal standing? by QuasiSteve · · Score: 1

    Personally I think Mozilla has a case here

    Based on what, though? The trademark policy - not that this isn't a license - states:

    By not charging, we mean the Mozilla product must be without cost and its distribution (whether by download or other media) may not be subject to a fee, or tied to subscribing to or purchasing a service, or the collection of personal information.

    As I understand it, the emphasized parts are where Dell possibly runs afoul; They 1. tie the distribution of FireFox to the service of installing it - but I'm not sure if 'service' is to be interpreted in that manner here, and 2. collect personal information as part of their sale - though if I'm selling Linux distribution DVDs for $2, list FireFox as one of the things as part of the distribution, and obviously collect physical mailing addresses in order to send to them and keep them around in case of a shipping mishap.. I may also be running afoul. Thanks, legalese.

    But, what legal standing does the trademark policy have?
    'Nominative fair use' may apply; http://en.wikipedia.org/wiki/N...

    1. The product or service cannot be readily identified without using the trademark (e.g. trademark is descriptive of a person, place, or product attribute).

    Sounds about right. You can't say you're including FireFox without literally saying 'FireFox'.

    2. The user only uses as much of the mark as is necessary for the identification (e.g. the words but not the font or symbol).

    It's just the name.

    3. The user does nothing to suggest sponsorship or endorsement by the trademark holder. This applies even if the nominative use is commercial, and the same test applies for metatags.

    This one's more problematic. As you mention:

    if I saw this I'd assume that Dell had some kind of deal with Mozilla

    However, that's a matter of interpretation. When I first read the story subject I thought "Why wouldn't they be?". When I read the summary I thought "well that's ridiculously expensive (it's just an option in a dropdown, even at the back-end that instructs the builds which image to use), but surely they can charge whatever they want."
    Consider if this option was for free. Would you still think that there was 'some kind of deal'? What if it actually went the other way around, and choosing FireFox dropped the price by 16 quid? (That's when I'd expect some sort of deal, similar to deals with the usual shovelware.)

    Even after reading TFA.. I can see what Mozilla is getting at, and it's undeniably damaging when a user goes "it costs me 16 quid to get FireFox!?", but I'm not so sure their legal recourse is through trademark law.

    IANAL, though. Should it go to court (which I suspect it won't - plenty of options to avoid that scenario), it will be interesting to see what judgment this results in.

  28. Re:There's no installation charge for other softwa by shutdown+-p+now · · Score: 1

    So uh... yeah. They're charging for free software. It's just taking advantage of the ignorant. Who might be your grandma. Or a firefighter. Or a grocery store cashier.

    Which is not illegal, you know. I'm perfectly within my right to sell bottles of air to anyone willing to buy - provided that I pay my taxes, and don't advertise it as anything other than what it actually is. I'm not obligated to tell my customers that they can get identical air for free elsewhere.

    The only potential angle here is the use of Firefox trademark, but even that is dubious so long as they refer to it in the context of "service of installing X".

  29. The answer is simple by Anonymous Coward · · Score: 0

    It's because Dell is shit. They used to be a good company that took care of their customers, and as a result they rocketed to the top of the PC market. Then the assholes they hired started pinching pennies instead of taking care of their customers, and suddenly they're just another shit PC company. I was hoping that Michael Dell's purchase of the company would herald a return to the days when they weren't shit, but apparently that was too much to hope for.

  30. comparisons on a recent exception. See Visa by raymorris · · Score: 0

    You may remember a few years ago advertisements did NOT say "T-Mobile is better than AT&T". Instead they compared themselves to "the leading brand". Only fairly recently was it decided that such a comparison was not trading on the good reputation of the target and not implying affiliation, and was therefore allowed.

    The tests is whether the speaker is a) attempting to tie themselves to the trademark's good reputation or b) implying an affiliation where none exists.

    In this case, the first thing the reporter did was contact MOZILLA to ask about the deal they had with Dell. The reporter figured the Mozilla had made a deal to sell Firefox through Dell. That sounds like an implication of affiliation, and a false one. It arguably makes Firefox look bad, as though they are doing something that many of their users and developers would object to. Almost like a false flag operation, making it look like Mozilla is involved. That's not allowed.

    1. Re:comparisons on a recent exception. See Visa by Rich0 · · Score: 1

      In this case, the first thing the reporter did was contact MOZILLA to ask about the deal they had with Dell. The reporter figured the Mozilla had made a deal to sell Firefox through Dell. That sounds like an implication of affiliation, and a false one. It arguably makes Firefox look bad, as though they are doing something that many of their users and developers would object to. Almost like a false flag operation, making it look like Mozilla is involved. That's not allowed.

      You don't need a deal with a company to sell their products. Do you think that every store in the country that sells Brand X Widgets has a contract with company X allowing them to do so?

      That isn't how trademark law works. The fact that some people don't understand how trademark law works doesn't change it.

  31. It isn't. by rsilvergun · · Score: 1

    Mozilla gives away the code and a lot of the assets, but they keep the icons and names (Firefox is Trademarked).

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  32. It must be legal by mtthwbrnd · · Score: 1

    They are not charging for the program. They are charging for the service of installing/configuring the program. What is wring with that?

    If people think they are over charging then they can negotiate the charge away or buy from somebody else.

    Do you think that Dell should offer the service of installing the software for free? Do you work for nothing?

  33. Re:OMFG! Ginger is 80! by Anonymous Coward · · Score: 0

    MaryAnn was hotter!!!

  34. $500 toilet seat? $150 crescent wrench? by raymorris · · Score: 1

    I can think of ONE purchaser who would pay $100, and they'd buy 100,000 copies at $100 each.

  35. Mozilla has a poor policy on this by Anonymous Coward · · Score: 0

    I disagree with Mozilla's stance on this. Dell's charge is not for Firefox and that is clear from the product's listing (that is it's a service charge). There is no confusion here because they aren't advertising it as Mozilla's installation service or Firefox's installation service. They are advertising it as Dell's install service for a product called Firefox. There is no brand confusion. There is no attempt to call it Firefox after modification has occurred.

    Also Mozilla shouldn't be adding restrictions beyond those that would cause brand confusion. It's probably in violation of its own software license. If not then it's a far cry from being free software as it is defined by the Free Software Foundation anyway. You can't restrict somebody from charging for Free Software (free as in freedom). There are legitimate restrictions on distribution of Free Software. Restrictions that don't apply to use of Free Software. However they can't add restrictions on receivers rights to re-distribute it and adding a restriction for those charging for something entirely different can't truly be called Free Software. In fact if Mozilla is going to argue that I'd argue that Mozilla is committing fraud because it's claiming that free is as in cost and then claiming it's not free (as Dell isn't allowed to charge for it despite ones right to re-sell). Getting something at no-cost doesn't automatically mean you don't have that right.

  36. A pc builder that does it for free by fseminario · · Score: 1

    Origin pc does this exact same service for free. And with any browser.

  37. The reporter thought it was a Mozilla / Dell deal. by raymorris · · Score: 2

    The main thing in trademark law is likelihood of consumer confusion. The first thing the reporter did was ask MOZILLA about the deal. When Mozilla said "wtf", the reporter asked Dell. If a tech reporter thought it looked like implied affiliation, some customers probably will to. You can't use someone's trademarked name to falsely imply affiliation.

    If you sell a Coke at your garage sale, nobody is going to think that Coca-Cola Inc is involved in that, so there is no problem.

  38. implied affiliation, a false one. Looks like Firef by raymorris · · Score: 1

    It looks Mozilla made a deal with Dell to sell Firefox.
    Given Mozilla is dependent on the goodwill of the free software movement, there are actual damages from that false implication of affiliation. Because "likelihood of consumer confusion" figures prominently in trademark law, that's one reasonably strong legal argument. I'm not a lawyer, I just play one in court. Actual lawyers may express better arguments too.

  39. If is FSF software, this is ok by Anonymous Coward · · Score: 0

    If Firefox is covered under the GPL (GNU General Public License), then this is perfectly ok (it even says so in the license, or at least in the preamble). I've read the license (the whole thing) hundreds of times. Unlike the never ending boilerplate chucked at you by some software companies (Microsoft for example, where they include Rumplestiltskin clauses and parts about weaving gold from your childrens hair, etc.) the GPL is short. It *SAYS* that you can charge for installing software, you *can* charge for media, you *can* charge for the act of making a copy. You can't charge for the software, its not yours. You also *have* to tell people that its GPL and give them a notice where to read their rights, and also let them know that its a permissive license (all the rights given to you to make copies, charge for it, charge for media, and pass on the right to copy to them). .... Why am I bantering: here is the GPL preamble and postamble:

    Version 2, June 1991

    Copyright (C) 1989, 1991 Free Software Foundation, Inc.
    51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA

    Everyone is permitted to copy and distribute verbatim copies
    of this license document, but changing it is not allowed.
    Preamble

    The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.

    When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

    To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

    For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

    We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

    Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

    Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

    The precise terms and conditions for copying, distribution and modification follow. ...
    How to Apply These Terms to Your New Programs

    If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

    1. Re:If is FSF software, this is ok by omnichad · · Score: 1

      tl;dr, Firefox is MPL.

  40. I'd charge even more. by Ralph+Spoilsport · · Score: 0

    If you can't install FREE SOFTWARE that's dead easy to install, fuck - I'd charge you $100 just because you're fucking useless.

    --
    Shoes for Industry. Shoes for the Dead.
  41. bling bling by Anonymous Coward · · Score: 0

    default search engine + default browser > $27 ROI, mozilla could pay for the install = profit

  42. Nice work if you can get it. by rnturn · · Score: 1

    $27.16 for a Firefox install is a nice cash cow. After the initial download (the slowest part, at least it is for me) installing a new version of Firefox might take me two minutes to copy the tar archive onto a system, uncompress it, untar, and clean up. That comes to about $815/hour for that "service". Most lawyers don't charge that much. Dell ought to be a little ashamed of themselves.

    --
    CUR ALLOC 20195.....5804M
    1. Re:Nice work if you can get it. by cbhacking · · Score: 1

      You realize these are OEM machines, right? They don't even have a fully-installed OS on them. You have to do the last steps (license agreement, user account creation, etc.) first. Then after that, the machine will configure all that pre-installed stuff that comes with it.

      They're charging $27 to use one install image instead of another. That's it. There's no time spent doing something that wouldn't otherwise be done.

      --
      There's no place I could be, since I've found Serenity...
  43. Shocking! I Had No Idea! by DeTech · · Score: 0

    People still buy Dells?
    Dell still exists?
    People who buy Dells know enough not to use IE?

  44. Consultant here by drolli · · Score: 1

    We also charge the customer if we install Linux for him. If the price is reasonable is in the eye of the customer, but installing and configuring Linux has the same hourly rate as installing Windows.

  45. Newsflash: PC sales plummet by invictusvoyd · · Score: 1

    ..later at the dell stronghold :

    "Comarades .. the hardware business is in tatters .. Lets get back to old tricks" ..

    _______________________
    . I was against capital punishment . I saw a guy selling IE to some uninformed folk .and all that changed.

  46. Freeware by jones_supa · · Score: 1

    It's the oPeN SoURce and freeware aspect that maybe confuses people to see a problem here.

    What if Firefox was a commercial, closed source program, and Dell was selling this service? People would just think the installation as a basic consulting service and not notice anything special about it.

    1. Re:Freeware by bigpat · · Score: 1

      I think the issue here is that this is Dell we are talking about and we pretty much know that Dell doesn't likely install the software as a separate task during the computer configuration process, but actually has an image that also includes firefox that they simply select from. Since it is free software I don't see any reason why it wouldn't just be on the default image. It is right that Dell should get some bad publicity for this.

  47. A bargain by SpaghettiPattern · · Score: 1

    That sounds like a bargain. Provided they do a thorough job (e.g. by keeping Firefox updates coming, by ditching any other browsers, by keeping updates from installing other browsers.) How much money is the installation of Firefox worth to you? Question remains whether Dell's job is actually any good.

    --

    I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
  48. Re:implied affiliation, a false one. Looks like Fi by Rich0 · · Score: 1

    It looks Mozilla made a deal with Dell to sell Firefox.

    Where is such a deal announced? The only people who think such a deal exists are those who somehow think you need permission to sell a company's products.

    If I go buy a shrink-wrapped copy of MS Windows for $100 at a local store, and post online that I'll install it on your PC for $200, there isn't anything that MS can do to stop me. Their rights to their product were exhausted when I paid $100 for it, as long as I only install it on a single PC.

    If Dell downloads 1 copy of the Firefox installer and runs it on one PC, then I don't see how there is anything Mozilla can do about it. Maybe they can argue copyright issues if they deploy it via imaging of hard drives/etc, but I don't see how trademark applies unless what they install isn't actually genuine Mozilla Firefox.

    Given Mozilla is dependent on the goodwill of the free software movement, there are actual damages from that false implication of affiliation. Because "likelihood of consumer confusion" figures prominently in trademark law, that's one reasonably strong legal argument.

    If they're installing genuine Mozilla Firefox on the computer, then there is no confusion. The consumer thinks it comes with Mozilla Firefox, and it in fact does. The affiliation is that they can download it from Mozilla's website just like everybody else.

  49. Retail by Anonymous Coward · · Score: 0

    I work retail. If i sell a laptop and a customer wants me to install anything, it's $29.99 whether it be firefox or google chrome. $59 for a suite such as Office. Yeah you pay $120-$140 for office and you still have to pay me $60 to install it. I dont like it but I have to do it its my job.

  50. because... by smash · · Score: 1

    ... it is a custom build. What would firefox rather they do? Not offer it? Fork, calling it something else and erode Firefox's market presence? Or give them some free publicity. This strikes me as cutting off their nose to spite their face on the part of Mozilla.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  51. OMG! by kenh · · Score: 1

    An OEM charging customers to deliver a custom suite of software on a mass-market retail computer - shocking!

    I can't believe Dell is charging money to install a third-party application on a brand-new computer! I can't believe Dell is charging customers more if they they want something other than the standard product they offer... Where will this all end? /sarcasm

    Who would even think to request Dell install a trivial third-party app like Firefox on their new computer, and who, upon making that request, would be surprised/upset that Dell wanted to be compensated for that requested additional effort?

    --
    Ken
    1. Re:OMG! by bigpat · · Score: 1

      Sure, Firefox should just be on the default image. And yes Dell has every right to charge whatever they want to charge for their "services". But that doesn't mean they are right to price gauge people that don't know any better. Dell already has the infrastructure to install custom images on hardware. The default image likely costs as much time and effort for Dell to install as any other of their images. This is yet another example of why Dell is not providing good value to its customers.

  52. Maybe by Anonymous Coward · · Score: 0

    I'd take that deal as long as they uninstalled Internet Explorer for me.

  53. Re:The reporter thought it was a Mozilla / Dell de by Rockoon · · Score: 1

    If you sell a Coke at your garage sale, nobody is going to think that Coca-Cola Inc is involved in that, so there is no problem.

    If a single person thinks it looks like implied affiliation, some customers probably will too.
    br. See what I did there? You don't get to claim perfectly non-stupid people in one case, but not the other.

    --
    "His name was James Damore."
  54. the reporter asked Mozilla about it, not Dell by raymorris · · Score: 1

    TFA says when the reporter saw it, they asked Mozilla about the deal. Only after Mozilla said "what the hell... We didn't know about this" did the reporter ask Dell. So at least to the reporter, there was in fact consumer confusion, which is the primary test under trademark law.

    You low how commercials and labels so often indicate "not affiliated with ..."? There is a reason for that. Had Dell labeled it "Installation of Firefox, a free browser not affiliated with Dell" that would be different.

    Note that in your example, if you posted on Craigslist, "I will install Windows for $200" it is unlikely that a) anyone would think Microsoft was involved in posting your or and b) that it would do Microsoft any harm. Thus, you'd be allowed to use the Windows trademark since it wouldn't result in consumer confusion.

  55. ps, your argument is reasonable, it's border line by raymorris · · Score: 1

    Ps, I do understand your point of view too, and that's a reasonable argument. I'm just saying Firefox also has a reasonable argument because it's about "likelihood of consumer confusion" and in this case we know it did in fact cause consumer confusion.

  56. This is idiotic. by Anonymous Coward · · Score: 0

    Of course they can charge for the service of installing non-standard software. That's akin to saying "I asked Dell to install MySQL on a server they bought, AND THEY CHARGED ME!" Of course they did. They had to re-tool their standard OEM image to accommodate you, you moron. Good to see the entitlement mentality is strong among even techies.

  57. reporter and comments here. law: moron in a hurry by raymorris · · Score: 1

    Both the reporter thought Mozilla was involved and also people posting here said they saw the headline and got mad at Mozilla. Out of our very small sample, we know more than one person thought it was Mozilla's doing, and it hurt Mozilla's reputation.

    You might wonder much likelihood of confusion is allowed under the law. Google "moron in a hurry" for the answer. If you're selling cans of Coke at a garage sale, only a moron in hurry would think for a second that your sale of warm Coke was endorsed by Coca-Cola, so that would be allowed.

  58. Re:No modpoints for you. by Anonymous Coward · · Score: 0

    Uh, no, you wouldn't. Posting AC doesn't prevent you from using modpoints in a thread. Learn the fucking system.

  59. Firefox by damicatz · · Score: 1

    If the UK is anything like the US, there is no case for trademark infringement merely because someone is selling a service and refers to the product they service. Nominative use of a trademark is generally considered fair use (e.g. it is generally legal for someone who is selling parts for Ford cards to say we sell Ford parts in their advertisements even if they aren't officially affiliated with Ford) provided you don't give the impression that you are officially sanctioned or affiliated with whoever owns the trademark.

  60. How much is it to install Google? by Anonymous Coward · · Score: 0

    If firefox is worth 30 google should be worth at least 55.

  61. Charging for the service? by Anonymous Coward · · Score: 0

    OVERcharging is more like it.

  62. Re:There's no installation charge for other softwa by bill_mcgonigle · · Score: 1

    I just checked how much Microsoft Office Home and Business costs when put on a Dell computer - 179 USD, right there on the Dell site, for a desktop computer.

    OK, so what evidence do you have that Dell doesn't mark that as $150 for software and $29 for installation, on their accounting system?

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  63. Re:There's no installation charge for other softwa by Beeftopia · · Score: 1

    OK, so what evidence do you have that Dell doesn't mark that as $150 for software and $29 for installation, on their accounting system?

    1) There is no evidence that they internally account for software as you say. It's speculation.
    2) There IS evidence that they are charging for free software.
    3) There IS evidence that they actually give a discount for installing software versus buying it from them separately: You can actually buy Office Home and Business directly from Dell for 219 USD. So they're actually giving a discount when they install it, as they only charge 179 USD in that scenario.

    What does the evidence show? Seems clear to me.

  64. Re:There's no installation charge for other softwa by Rhipf · · Score: 1

    Not quite sure how comparing the OEM price that Dell can sell something for to the retail price at "Big Box Mart" translates into Dell charging for free software.

  65. The software you need vs the software have by Badmovies · · Score: 1

    People, please stop selecting every option when you buy a computer. And stop installing everything you can find onto your new laptop. Whenever a friend or family member brings me a newly purchased Dell computer to look at, I spend no small amount of effort removing numerous programs that Dell, by default, thinks that every computer needs. Then I spend another 30 minutes removing various things that they or their offspring have installed, because it seemed like a good idea at the time.

    Them: "I just bought a new computer and installed some of my software on it. Now it's not working right. Can you take a look at it for me?"
    Me: "Sure. Wait, did you just buy this computer in 2013?"
    Them: "Yes."
    Me: "Why does it have TurboTax 2001 installed?"
    Them: "What if I need to open my 2001 tax return?"
    Me: "When is the last time you opened your 2001 tax return?"
    Them: "2002."
    Me: "Is this Napster? Did you install Napster on this?"
    Them: "Yes."
    Me: "Arrrggggghhh!"

    --


    Andrew Borntreger
    Champion of cinematic disasters
  66. Use what if you can't get cable or DSL? by tepples · · Score: 1

    Some people live too far from the CMTS and DSLAM because they make their living growing the food that you eat. What should they use instead of dial-up?

  67. It's a service not the software by Control-Z · · Score: 1

    Just like Best Buy will charge you $29.99 to set up your game console: http://www.bestbuy.com/site/Geek+Squad%26%23174%3B+-+In-Store+Gaming+and+Customization+Setup/8835497.p?id=1218016228965&skuId=8835497

    I think they do an in-home install for $100 or more!

  68. Re:There's no installation charge for other softwa by bill_mcgonigle · · Score: 1

    1) There is no evidence that they internally account for software as you say. It's speculation.

    Not really. We know for a fact that they charge labor to install Firefox. There's no way around this - the numbers are what they are.

    The null hypothesis should be that things are the same - the onus is on the claimant to prove a difference. Besides that, they certainly have incentive to structure their offerings to maximize their profits - giving it all to Microsoft doesn't do that.

    Office Home and Business directly from Dell for 219 USD.

    That's a different product. Retail (even download) is always more expensive than OEM in the Microsoft ecosystem. I'm spec'ing a Windows 7 PC and the retail price is $379 while the OEM price (from Lenovo) is $50.

    Bruce used to say that HP gets Windows for $14 a copy.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  69. Damned socalists by nurb432 · · Score: 1

    They think a persons labor should be free or something. Or is FF so advanced now it spontaneously appears on a computer?

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    ---- Booth was a patriot ----
  70. Fuck dell by Anonymous Coward · · Score: 0

    Um cause there crooks. Duh.....

  71. Yeah, right by harryjohnston · · Score: 1

    The TOS don't actually say that. They talk about "distribution" but it isn't at all clear that installing software is the same thing as distributing it. No, let me put that another way: installing software is *not* the same thing as distributing it. If the law doesn't recognize the difference, it should.

    1. Re:Yeah, right by the_B0fh · · Score: 1

      It is, in this case. because Dell is then sending the laptop *WITH* firefox on it. Hence - distribution.

      If Dell sent someone over to the house to install it, then there's no distribution involved.

    2. Re:Yeah, right by harryjohnston · · Score: 1

      That's not distribution! By that definition, every time you moved house, you'd be "distributing" all of the software installed on your computer.

    3. Re:Yeah, right by Anonymous Coward · · Score: 0

      "It is, in this case. because Dell is then sending the laptop *WITH* firefox on it. Hence - distribution."

      Holy shit, you are an idiot. It's my friggin laptop. I bought it. Once I did, I owned it. Then Dell installed it on my laptop, for me, at my request. Now stop trying to tell me I can't decide if the cost for installation of a product, any product, should be incurred by eating my time, an employees time, or Dell's employees time. Just go fuck yourself. Seriously. You are an idiot.

    4. Re:Yeah, right by the_B0fh · · Score: 1

      Once it is in your possession, you own it. Before it is in your possession, you don't own it. Actual ownership hasn't been transferred.

  72. Well by Anonymous Coward · · Score: 0

    I don't think average means what you think it means (median, 50% percentile, ...)

  73. Re:No modpoints for you. by Areyoukiddingme · · Score: 1

    But it does silently undo previous moderation you've done in the thread.

    No one knows if this is a bug or a feature.

  74. Techs can charge whatever they like for services by mbeckman · · Score: 1

    Some people pay a mechanic $25 to replace a burned out brake light. Nothing new here. Move along.

  75. Re:ps, your argument is reasonable, it's border li by harryjohnston · · Score: 1

    I don't think the reporter was at all confused, just looking for a story. YMMV.

  76. There are some dumb arsed out there... by Anonymous Coward · · Score: 0

    Seriously who is stupid enough not to know how to install Firefox. ...

    Spose the " I computer illiterate crowd" well being in computer support people that make that statement, is a choice that they have made and deserve to be fleeced .... I'm don't mind if someone call and asks "I want to install Firefox im not sure how can you help.? " not a problem but the people who use the computer illiterate use it to not even try.. what they are really saying is i am lazy and can't be bothered to even do a Google search.