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Windows Tax Shot Down In Italy

Posted by timothy on from the note-that-it's-not-a-tax dept.

An anonymous reader writes Italy's High Court has struck a blow to the practice of forcing non-free software on buyers of PCs and laptops. According to La Repubblica, the court ruled on Thursday that a laptop buyer was entitled to receive a refund for the price of the Microsoft Windows license on his computer. The judges sharply criticised the practice of selling PCs only together with a non-free operating system as "a commercial policy of forced distribution". The court slammed this practice as "monopolistic in tendency." It also highlighted that the practice of bundling means that end users are forced into using additional non-free applications due to compatibility and interoperability issues, whether they wanted these programs or not. "This decision is both welcome and long overdue", said Karsten Gerloff, President of the Free Software Foundation Europe. "No vendor should be allowed to cram non-free software down the throats of users."

9 of 421 comments (clear)

  1. What about other devices? by recoiledsnake · · Score: 5, Interesting

    Since computing is moving to tablets and phones, can we get OS refunds for iDevices and Android tablets and phones also ?

    Also, is this applicable to Macs?

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    This space for rent.
    1. Re:What about other devices? by JaredOfEuropa · · Score: 5, Insightful

      It only applies if the OS and device are really two separate entities. For Macs you could argue that you should be able to buy the device without the OS. For phones, it seems that the OS is part of the device, especially in case of iPhones (what else are you going to run on them). Keep in mind that iOS isn't sold separately either, nor are there any charges for upgrades.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    2. Re:What about other devices? by Plunky · · Score: 4, Informative

      As far as I can tell Android appears to be FOSS. You might need a version without Googles logos for it to be legal to use without paying them though?

      here you go: Cyanogenmod Downloads

    3. Re:What about other devices? by Archtech · · Score: 4, Insightful

      Oh by the way, Grandma... you can buy this PC with Linux pre-installed for less than the other one without Windows. That's because Linux needs less powerful hardware to run properly. Oh, and you'll find it just as easy (if that's the word) to use as Windows.

      Freedom! Isn't it good?

      --
      I am sure that there are many other solipsists out there.
  2. Separate hardware from software by oever · · Score: 4, Interesting

    A law that forbids selling hardware and software together would increase innovation. Consumers would only be able to buy hardware and software separately. That way, hardware vendors are encouraged to document the hardware and software vendors will compete on quality. Installation procedures would become very easy very quickly due to market pressure.

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    DNA is the ultimate spaghetti code.
  3. Need more than a legal precedent by EmperorOfCanada · · Score: 4, Interesting

    More than a legal precedent this needs solid regulations with teeth. I suspect that if you walk into whatever the Italian equivalent of Best Buy waving this judgement around and demanding a refund that they will just have security escort you out. But if refusal to even offer a Windows free machine was worthy of a fine, let alone not removing it, then windows free machines would be widely available.

    Also the removal of Windows should have to be free and done in a timely manner (under an hour).

  4. Not of i*Devices by Anonymous Coward · · Score: 5, Insightful

    The difference is that Apple sells the device and the OS together while Microsoft only sells (or rather gives a licence) for the OS. The vendor is a different party. Hence you cannot buy a "HP" or "Sony" or "Samsung" or "Asus" computer without Windows on it. The windows licence cost is hidden in the seller's price. So the OS and the hardware aren't a bundle by the same company and hence you can't demand back money for your iDevice.

    However, I wonder how that is handled in the case of Android. Android is freely available for download. However hardware manufacturers haven agreements with Microsoft to actually pay royality fees for (allegeds) patents in Android. Would that mean, that you could also ask money back from Microsoft if you buy an Android?

  5. Meh logical and sensible by ianezz · · Score: 4, Informative

    Well, according to the original article on La Repubblica (hint: I'm Italian), the judgement came from the Cassazione, so it is as definitive as it can be in Italy (I know, I know...).

  6. Re:Apple? by Vip · · Score: 5, Insightful

    > MS has done nothing to prevent a PC from being sold without an OS.

    Are you serious? Either you have forgotten the 90's and early 2000's or are too young to remember. From wikipedia, http://en.wikipedia.org/wiki/M...

    "In the 1990s, Microsoft adopted exclusionary licensing under which PC manufacturers were required to pay for an MS-DOS license even when the system shipped with an alternative operating system. Critics attest that it also used predatory tactics to price its competitors out of the market and that Microsoft erected technical barriers to make it appear that competing products did not work on its operating system."

    The MS-DOS carried on into Windows. Even if you wanted to run Linux, OS/2, or anything else, you still had to purchase the MS license, or colloquially, the M$ Tax.

    > They certainly make it cheaper for Dell to pre-install Windows on a machine than for the end user to buy their own copy. They may have even said that they will raise the price if they don't make all their machines come with Windows.

    They "may" have? Let's make it clear. They made it so *every* computer Dell sells has Windows on it. If even one went out without Windows, Dell or any other manufacturer was forced to pay a higher cost for Windows and other MS products. Even IBM, who made the competing OS/2.

    Vip